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

Vol. 159 WASHINGTON, TUESDAY, JUNE 25, 2013 No. 92 Senate The Senate met at 10 a.m. and was ORDER OF PROCEDURE posed by this high-profile bust, how- called to order by the President pro I ask unanimous consent that the fil- ever, are all too common. The busts do tempore (Mr. LEAHY). ing deadline for first-degree amend- not come very often. They were able to ments to S. 744 be 12 p.m. today. get to the bottom of this. Most of the PRAYER The PRESIDENT pro tempore. With- time these people are so abused and The Chaplain, Dr. Barry C. Black, of- out objection, it is so ordered. nothing happens except the abuse con- fered the following prayer: Mr. REID. The filing deadline for all tinues. Let us pray. first-degree amendments both to the More than one-half of undocumented Holy God, from whom alone all good substitute amendment and the bill is day laborers say they have been cheat- proceeds, let the graces of faith, hope, today at noon. ed by employers. One-quarter of un- and love be felt today on Capitol Hill. The Senate will recess from 12:30 to documented workers polled in New Jer- Lord, You rule all things by Your wis- 2:15 for our weekly caucus meetings. sey say they have been assaulted by dom. May our lawmakers, therefore, Senators will be notified when votes their employers, a crime they rarely look to You for guidance and strive to are scheduled. report. A lot of times there are lan- manifest complete subservience to I suggest the absence of a quorum. guage barriers, and they are simply Your will. Continue to shower our Sen- The PRESIDENT pro tempore. The afraid they are going to lose their jobs ators and their loved ones with Your clerk will call the roll. and maybe be deported. daily mercies, as they grow in grace The legislative clerk proceeded to In one survey virtually every undocu- and true holiness throughout the sea- call the roll. mented female farm worker said sexual sons of their lives. May they show their Mr. REID. Mr. President, I ask unan- violence in the workplace is a very se- love for You by loving others as You imous consent that the order for the rious problem. The 11 million people have loved humankind. Help them to quorum call be rescinded. living in America without the proper continue to expect great things from The PRESIDING OFFICER (Mr. documentation are particularly vulner- You as they continue to attempt great COWAN). Without objection, it is so or- able to abuse by these employers who things for You. We pray, in Your mer- dered. are very unscrupulous. ciful Name. Amen. f A system under which people can be forced to live as indentured servants, f IMMIGRATION REFORM under substandard living conditions PLEDGE OF ALLEGIANCE Mr. REID. Mr. President, law en- and the threat of violence hurts all The President pro tempore led the forcement officials who made the ar- workers, and it is wrong. It is immoral. Pledge of Allegiance, as follows: rests and looked at this called it a The bipartisan immigration bill before I pledge allegiance to the Flag of the ‘‘modern day plantation.’’ What hap- the Senate will eliminate the kind of United States of America, and to the Repub- pened was a string of very profitable exploitation seen at these rogue 7-Elev- lic for which it stands, one nation under God, convenience stores had undocumented en stores and other dishonest employ- indivisible, with liberty and justice for all. immigrants from Pakistan and the ers in a number of ways. f Philippines routinely working up to 100 First, it will reduce illegal immigra- hours a week for below minimum wage. tion by strengthening our borders and RECOGNITION OF THE MAJORITY And although their employers made fixing our broken legal immigration LEADER $180 million over a dozen years, while system. We all acknowledged before The PRESIDENT pro tempore. The pocketing much of their employees’ going into this debate that our system majority leader is recognized. wages, these workers lived packed into was broken and needed to be fixed. f apartments unfit for human habi- That is what this bill does. The bill tation. Because they lacked the proper will also make the electronic employ- SCHEDULE immigration paperwork, the workers ment verification system, known as E- Mr. REID. Mr. President, following were simply too afraid to speak up for Verify, mandatory within 5 years. That leader remarks the Senate will be in a themselves. will make it virtually impossible for period of morning business for 1 hour. It happens all the time. These were people without the proper immigration The majority will control the first half, the circumstances at more than a paperwork to secure jobs, removing the the Republicans the final half. Fol- dozen 7-Eleven stores in Long Island, incentive to come here illegally and re- lowing morning business the Senate NY, and in Virginia. They were raided moving the incentive from these un- will resume consideration of S. 744, the last week by Federal immigration offi- scrupulous employers taking advan- immigration bill. cials. The unfortunate conditions ex- tage of those people.

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

S5103

.

VerDate Mar 15 2010 23:30 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00001 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.000 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5104 CONGRESSIONAL RECORD — SENATE June 25, 2013 The legislation will allow temporary honesty from someone that close to the Why? Well, for one, the constituents workers to change jobs without losing White House, but it really encapsulates we serve are a lot smarter than some in their visas, making it possible for them the attitude this administration holds Washington might like to believe. to escape and report exploitative em- in regard to States such as mine where They know we cannot impose a na- ployers without fear of deportation. coal is such an important part of the tional energy tax without cutting jobs They have not been able to do that. economic well being of so many mid- and significantly raising energy costs They will not until we pass this legisla- dle-class families. It captures the atti- not just on their families, but also on tion. tude it holds with regard to middle- their employers. This measure also offers more visas class Americans all across the country, The data seems to bear out such con- for victims of crime, including em- where affordable energy is critical to cerns. I remember some projections ployer abuse. These protections will be the operation of so many companies showing that by 2030, the Waxman- good for honest workers, helping them and small businesses, and to the ability Markey proposal could have decreased stand up for their rights without fear of those businesses to hire Americans the size of our economy by about $350 of retribution. It will be good for hon- and help build a ladder to the middle billion and reduced net employment by est employers, whose unscrupulous class for their families. 2.5 million jobs, even after taking job competitors have an unfair advantage. Declaring a war on coal is tanta- creation into account. This legislation also recognizes that mount to declaring a war on jobs. It is So Americans made their opposition undocumented workers play an impor- tantamount to kicking the ladder out to this tax abundantly clear to Mem- tant role in our economy and need an from beneath the feet of many Ameri- bers of Congress. In the 2010 midterm earned pathway from the shadows to cans struggling in today’s economy. I elections, they ousted a good number citizenship. The path will not be easy; will be raising this issue with the of those who voted for it in the House. it was not intended to be. Undocu- President at the White House later Because of concerns about job losses, mented people will have to go to the today. higher utility bills, and reduced com- back of the line, pay penalties and One of the sectors the President’s petitiveness, Congress is even less in- fines, work, pay taxes, learn English, war on jobs would hit is manufac- clined today to vote for an energy tax and stay out of trouble. turing. Ironic, perhaps, because just a than when the President commanded The alternative, to deport 11 million few months ago it was President such massive majorities in the first people, is impractical, inhumane, and Obama himself who said: part of his first term. just plain wrong for our economy. I believe in manufacturing. I think it It is fairly self-evident to say there is makes our country stronger. Helping millions of immigrants get no majority for such an idea in the right with the law will boost our na- Well, of course, that is correct. Man- 113th Congress. The President shall tional economy by more than $800 bil- ufacturing does make our country also push ahead and ignore the will of lion over the next 10 years, and it will stronger. Just look at Kentucky. We the legislative branch, the branch clos- reduce the deficit by almost $1 trillion are the first in the Nation in aluminum est to the American people. Whether over the next two decades—a pretty smelting. We are third in production of they want it or not, he says he will do good deal. auto parts. Kentuckians know these it by Presidential fiat. types of businesses strengthen not just Last night’s strong bipartisan vote I am sure we will find out more de- the Bluegrass State but our entire Na- on the Corker-Hoeven border security tails in his speech today. If I am right, tion. They provide well-paying jobs, compromise was a huge step forward and I think I am, he is going to lay out economic growth, and tickets to pros- for this legislation. Opponents of immi- a plan to do what he wants to do perity for workers and their families. gration reform can no longer hide be- through executive action—in other Yet in the global economy of the 21st hind false concerns about border secu- words, more czars, more unaccountable century, retaining, much less expand- rity. That is an understatement. There bureaucrats. can be any excuse to oppose immigra- ing, our manufacturing core has never The message this sends should worry tion reform. If it is, it is transparently been more challenging than it is now. anyone who cares about constitutional obvious that they are just trying to We face relentless competition from self-government, that the President figure out a way to vote against this all corners of the globe, so policy- can simply ignore the will of the rep- legislation. makers have to be careful about the resentatives sent here by the people be- I hope those who have stood in the types of policies they enact. Obviously, cause he wants to, because special in- way of this legislation will instead join American success in this terests are lobbying him, and because us to do what is right for our economy hypercompetitive world is strength- he wants to appease some far-left seg- and humane for immigrant families. It ened when we keep taxes low and regu- ment of his base. is time to crack down on crooked em- lations smart. Perhaps most impor- ployers—that is what they are—who tant, it is strengthened when we ensure What I am saying is he cannot de- exploit and abuse undocumented immi- energy is abundant and affordable. clare a war on jobs and simultaneously grants. It is time to give hope to 11 These are energy-intensive indus- claim to care about manufacturing. He million immigrants who want nothing tries, after all. If the White House cannot claim to care about States such more than to become citizens of a place moves forward with this war on jobs as mine where an energy tax would do they call home. and raises the cost of energy, that great damage to countless Americans would almost assuredly raise the cost employed in energy sectors such as f of doing business. That would likely coal. RECOGNITION OF THE MINORITY put jobs, growth, and the future of Wages are already failing to keep LEADER American manufacturing at risk. That pace with rising costs for many people. The PRESIDENT pro tempore. The is one of the many reasons Americans Many families have seen their real me- Republican leader is recognized. rejected the President’s attempt to im- dian income actually decline in recent f pose a national energy tax in his first years. A survey released yesterday term. shows that three-quarters of Ameri- NATIONAL ENERGY TAX Even with overwhelming majorities cans are living paycheck to paycheck. Mr. MCCONNELL. Mr. President, in in Congress, including a filibuster- This is the reality of the Obama econ- advance of the President’s big speech proof, 60-vote majority in the Senate, omy. Even in the best of times, impos- today, I read this morning that one of Washington Democrats were unable to ing an energy tax would be a bad idea. the White House climate advisers fi- pass the President’s energy tax. In the In an era of unacceptably high unem- nally admitted something most of us Senate, the Democratic majority would ployment, an era where Americans are have suspected all along. He said, ‘‘A not even bring it up for a vote. Think finally desperate to focus on growing war on coal is exactly what is needed.’’ about that. They could have pushed it the middle class rather than throwing A war on coal is exactly what is through on their own without a single scraps to his wealthy supporters, ideas needed. That is one of the President’s Republican vote, and yet they could such as this border on absurdly self-de- advisers. It is an astonishing bit of not. feating.

VerDate Mar 15 2010 23:30 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00002 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.001 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5105 He may as well call his plan what it rules changes and two standing orders. bill that is on the floor of the Senate is, a plan to shift jobs overseas. Basi- The majority leader once again gave now. cally, it is unilateral economic sur- his word that this issue was concluded. The fundamental point before the render. To what end? Many experts Last January I asked the majority Senate is we need to know if the major- agree a climate policy that does not in- leader: ‘‘I would confirm with the ma- ity leader intends to keep his word, be- clude massive energy consumers such jority leader that the Senate would not cause in the Senate your word is im- as China and India is essentially mean- consider other resolutions relating to portant. In fact, it is the currency of ingless. The damage to our economy any standing order or rules of this Con- the realm here in the Senate. would be anything but meaningless. gress unless they went through the reg- I am going to continue to raise this Ironically, those are the very types of ular order process?’’ issue because we need to resolve it. countries that stand to benefit eco- The majority leader said: ‘‘That is Senators need to know that words will nomically from our loss. Nations such correct. Any other resolutions related be kept. The word on the ground rules as these will probably take our jobs, to Senate procedure would be subject of how we operate here in the Senate keep pumping more and more carbon to a regular order process, including needs to be kept. We are not interested into the air, and what will we have to consideration by the Rules Com- in a majority that says the definition show for it? That is a question the mittee.’’ of advise and consent is sit down and President needs to answer today. The regular order process takes 67 shut up, do things I want to do when I Americans want commonsense poli- votes to change the rules of the Senate. want to do it, or I will threaten to cies to make energy cleaner and more We did that with the two rules changes break the rules of the Senate to change affordable. The operative word is com- earlier this year, thereby confirming, the rules of the Senate. This is no monsense, because Americans are also again, that is the way you change the small matter, and I will continue to ad- deeply concerned about jobs and the rules of the Senate. dress it until we get it resolved. economy. That is what the President The majority leader, in spite of hav- Mr. President, I yield the floor. should be focused on. Incredibly, it ap- ing given his word, not once but twice, pears to be the farthest thing from his continues to suggest that may not be a f mind. word that is going to be kept and has RESERVATION OF LEADER TIME SENATE GROUND RULES continued to flirt openly with employ- The PRESIDING OFFICER. Under I have been mentioning on a daily ing what is called the nuclear option. the previous order, the leadership time My party, when it was in the major- basis the ongoing concern I have about is reserved. the institution in which 100 of us serve, ity some time ago, 8 or 9 years ago, an institution that has served America flirted with it as well, but good sense f well since the beginning of our coun- prevailed and we moved backward. We MORNING BUSINESS try. The Constitution was framed back moved into a position where we are The PRESIDING OFFICER. Under in 1887. George Washington presided today, which is it takes 60 votes when the previous order, the Senate will be over that Constitutional Convention. you have a determined minority to get in a period of morning business for 1 Legend has it he was asked, What do an outcome. hour, with Senators permitted to speak you think the Senate is going to be The threat has been related to nomi- therein for up to 10 minutes each, with like? He reportedly replied it would be nations and nominations only, as if the time equally divided and controlled like the saucer under the teacup, and somehow breaking the rules of the Sen- between the two leaders or their des- the tea that sloshed out of the teacup ate to change the rules of the Senate ignees, with the majority controlling would go down into the saucer and cool would be confined to nominations in the first half. off. In other words, the Founders of our the future. The way that would be The assistant majority leader. great country believed the Senate done, of course, is the Parliamentarian would be a place where things slowed would say it was a violation of Senate f rules to change the rules of the Senate down, were thought over, and obvi- ENERGY ously where bipartisan agreements with 51 votes. The majority would sim- would be the way to move forward. ply appeal the ruling of the Chair and Mr. DURBIN. Mr. President, in def- Over the period of our history, the do it with 51 votes. If that is ever done, erence to the Presiding Officer, I am idea of unlimited debate has had a lot the Senate as an institution we have going to forgo my speech on the Stan- of support in this body from both par- known is finished, and it would not be ley Cup playoffs until another Member ties. In fact, during World War I, it was confined to nominations in the future. is presiding later in the day. agreed there ought to be some way to Senator ALEXANDER and I laid out a Instead, I wish to address the speech stop a debate. Prior to that, there was few days ago the kind of agenda we made by the Senate Republican leader no way, actually, to stop a debate. would probably pursue, almost cer- on the issue of our environment. They agreed to create a device called tainly pursue, were we in the majority. Senator MCCONNELL of Kentucky cloture that would allow a super- It was an agenda that would in many tells us if we are going to discuss the majority of the Senate to bring debate ways horrify the current majority, state of our environment in America, it to an end. such things as completing Yucca is a war on coal and a war on jobs. Over the years there have been flirta- Mountain, repealing ObamaCare, na- I think he is wrong. I think the Re- tions by majorities of different parties tional right-to-work—I mean, things I publican approach to the environ- to fundamentally change the Senate. believe probably every single Member mental issues is a war on science. It is Those temptations have been avoided. of the majority party would find abhor- a denial of the overwhelming scientific Those temptations arose again at the rent. But that is the point. evidence that the weather affecting us beginning of the previous Congress and The supermajority threshold is in- on this Earth is changing. We know it. at the beginning of this Congress under convenient to majorities from time to Storms, extraordinary storms, are the current majority and the current time. It requires them to engage in ne- more frequent and more violent than majority leader. There was a lot of dis- gotiation in order to go forward. It is they have been. We know the polar ice- cussion about the way forward for the frustrating from time to time. It is im- cap is melting. We know the glaciers institution that would benefit the in- portant to remember—every Senate are disappearing. We know the impact stitution and not penalize either side. majority should remember—the shoe this will have on humanity as well as In January of 2011 the majority leader will someday be on the other foot. wildlife. Yet from the other side there said the issue was settled for the next The institution has served our coun- is a complete denial of science. This is two Congresses, the previous Congress try well. We have had some big debates a war on science. and this one. this year in which we have had amend- Their position is also a war on public In spite of that, we entered into a ments, discussions on a bipartisan health. Twenty-five million Americans lengthy discussion at the beginning of basis, and bills moved forward. We saw suffer from asthma. Nearly one in five this Congress on a bipartisan basis. As it on the farm bill. We have seen it on children with asthma went to an emer- a result of that, the Senate passed two other bills. We may well see it on the gency department for care in 2009. To

VerDate Mar 15 2010 23:30 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00003 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.003 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5106 CONGRESSIONAL RECORD — SENATE June 25, 2013 ignore the state of air pollution and they have said no. So this concern and MENENDEZ, and the Republicans the public health challenges it presents about families struggling paycheck to the Senator from Illinois worked with, is to ignore the reality of the state of paycheck should be borne out by some Senators MCCAIN, GRAHAM, FLAKE, and our environment and its impact on of their votes. That, to me, is essential. RUBIO. public health. Let me close by saying this: I believe The Senator is absolutely right. If we Finally, the public approach when it the environment is a challenge we want a major bill done, it has to be comes to this issue is a war on this must face head on. To ignore it is to ig- done in a bipartisan way. It is not the Earth we call home. Unless and until nore reality. Lake Michigan, when bill the Senator would have written; it the United States shows leadership measured just a few months ago, was is not the bill I would have written, but when it comes to the environment, it is at its lowest depth in any measured I think the Senator from Illinois has difficult, if not impossible, to convince time in recent history. What we are done a great service, and I thank him. other nations to do the same. seeing in global warming is the evapo- Mr. President, I have cleared it on Today the President is going to make ration of our Great Lakes. It is a scary our side, and I ask unanimous consent a speech which will be controversial thing to think about what this will ul- that I be permitted to speak for up to about what to do with our environ- timately do to us. 15 minutes. ment. I think he is on the right track The President is going to face the The PRESIDING OFFICER. Without to engage us in a national debate, a de- issue head on. There are some who objection, it is so ordered. bate about the legacy we leave our want to run away from it. They can do f children and grandchildren when it that if they wish. But their war on IMMIGRATION REFORM comes to this Earth we live on. science, their war on health, their war Senator MCCONNELL’s State of Ken- on those destructive forces that are af- Mr. CARDIN. Mr. President, yester- tucky is just south of mine. He has fecting the Earth is shortsighted. We day was good news. It was good news coal reserves in his State, as we do in need leadership on this, bipartisan for the eventual passage of S. 744, the Illinois. We have seen the use of those leadership. comprehensive immigration reform reserves, because of some of the con- Let me close by saying—and then I bill. It is good news the Senate is on tamination and chemicals that are as- will yield to my friend from Mary- the verge of being able to pass this leg- sociated with that coal, diminish dra- land—that I will come back shortly islation because 11 million people who matically over the last several decades. after morning business to speak about live in the shadows will now have hope I haven’t given up on coal if it is used this historic immigration bill. The 67- they will be able to stay in America, responsibly. This administration has to-27 vote on the floor last night—bi- work in America, and one day become invested in clean coal projects. One is partisan vote—is an indication that we citizens of this great country. called FutureGen 2. It is a project to have finally come up with a historic But the real winners of immigration capture the emissions coming out of measure and one that is important for reform are the American people and smokestacks from coal-fired electric the future of this Nation. We will do our government. We have a broken im- powerplants and to bury them deep be- many things around here, and impor- migration system today, and this bill neath the Earth, a mile beneath the tant things, but hardly anything as im- will allow us to replace that broken Earth. It is capture and sequestration portant as fixing this broken immigra- immigration system with a balanced of these emissions. It is an energy re- tion system. The fact that we can do approach on how to deal with immigra- search experiment which we are en- this in the Senate on a bipartisan basis tion in this country. It is balanced first gaged in right now in central Illinois is a tribute to this institution getting by recognizing border security is im- which I believe holds promise for the back on its feet and putting aside some portant. We have to make sure people use of coal in the future in a much of the political battles of the past. I coming to this country come in law- more responsible way. only hope our friends over in the House fully; that they come in through a How much can you store below the are watching this and understanding door, not over a fence, and this bill Earth in Illinois? We can store the that only through bipartisanship can clearly deals with the issues of border emissions of over 50 coal-fired electric we cure and solve some of the problems security. power plants operating for 50 years. our Nation faces. The bill also deals with E-Verify for Let’s engage in that research. Let’s I yield the floor. employers, to make sure employers find responsible ways to use coal. The PRESIDING OFFICER. The Sen- only hire those who are legally present This notion that moving toward en- ator from Maryland. in this country. It also provides a way ergy efficiency and reducing pollution Mr. CARDIN. Before my friend from in which those who are currently here is going to cost us jobs isn’t borne out Illinois leaves the floor, I wish to con- can come out of the shadows, get legal by the evidence. We are seeing dra- gratulate him on his incredible leader- status, and earn a pathway to citizen- matic investments being made in man- ship on the immigration bill. The Sen- ship. ufacturing for solar, wind, and geo- ator from Illinois brought many issues I say earn a pathway to citizenship thermal. We are seeing dramatic in- to the compromise that was reached, because those individuals have to com- vestments creating new American jobs but I particularly wish to thank him ply with our laws, pay our taxes, learn because we are setting new standards on behalf of the children for the English, and then wait for the entire for more fuel-efficient cars, for exam- DREAM Act that is incorporated in working backlog within the immigra- ple. This is good for every family, this legislation that will help so many tion system to be cured before they can every business in America. It is good young people. apply for citizenship. So it is a way in for the environment, and it creates I told a story on the floor of the Sen- which individuals who are currently jobs. To suggest that dealing with the ate about a person who lives in Mary- here, who are law-abiding and are pre- environment costs us jobs—exactly the land who was offered a scholarship and pared to comply with our laws have a opposite is true. had to turn it down. We found out he reasonable pathway to citizenship. Let me also say a word about the Re- didn’t have legal status in the United It also deals with realistic numbers publican leader’s concern about work- States. What a disappointment it was for people who want to come to Amer- ing families living paycheck to pay- to him. I also told about a lot of other ica, who want to make America their check. Time and again on this side of young people who have had the courage home, for family reunifications, as well the aisle we have offered to the Sen- now to step forward, and the Senator’s as those who want to work in this ator and his colleagues a chance to re- legislation will give them hope, in a country. By having reasonable num- duce the tax burden on working fami- very relatively short period of time, to bers, we can get the skilled workers we lies in America by asking those who be able to accomplish the dream of need and we can get the seasonal work- are doing quite well to pay a little being in America. ers we need. more, and they have consistently said So I wanted to applaud him and all The bill replaces a badly broken im- no. Again, we have asked the Repub- the Senators who were involved—Sen- migration system. As I mentioned to lican leader and his colleagues to join ator SCHUMER just left the floor, his in- Senator DURBIN, it includes the us in raising the minimum wage and credible work with Senators BENNET DREAM Act. This gives children who

VerDate Mar 15 2010 23:30 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00004 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.004 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5107 have been here most of their lives, was the same Republicans who objected profiling. But it is not as strong as it within a relatively short period of to us considering the bill. should be, and there are some unin- time, a pathway to citizenship in Senator LEAHY offered a group of tended consequences as a result of the America. noncontroversial amendments. It was a language included in it. I regret that border surge modifica- large group. Senator LANDRIEU has I think it is very appropriate I am tions were added to this legislation. I talked about this frequently. She of- talking about this today as the say that for many reasons. I thought fered her amendment to deal with chil- Trayvon Martin case starts in our the bill reported out of the Judiciary dren. In that group of noncontroversial courts—the youngster who, as a result Committee, although it was not the amendments was an amendment I of- of racial profiling, lost his life. I have bill I would have written, was well bal- fered, and I still hope we will have a introduced amendment No. 1267, which anced on border protection. I think the chance to deal with this—the RUSH would add to the basic bill against additions that will be added later today Act. What does that deal with? It is profiling, profiling based upon religion will spend a lot of money with little re- amendment No. 1286, a bipartisan or national origin. It would remove a sults for the taxpayers of this country. amendment. I am pleased Senators broad exception to the bill that is in- I think we have thrown money at a KIRK and PORTMAN have joined me in cluded, and that is well intended but I problem rather than trying to look at cosponsoring this amendment. It deals think compromises the purpose of the what should be done in the most cost- with Holocaust survivors, some of our underlying bill, which is to prevent effective way. The cost benefits of most vulnerable citizens. On average, profiling. these billions of dollars being spent are they are over 80 years of age. Many live I have also offered amendment No. very marginal. alone, many live below the Federal 1266, which deals with additional scru- Most of the problems deal with em- poverty level, and they are desperately tiny and screening given to certain in- ployment. The E-Verify system is an concerned about being institutional- dividuals. The underlying bill says it important improvement in the bill, as ized, as I think everyone can under- can be done by country or region. That reported out by the Judiciary Com- stand. This amendment makes it easier is profiling. If we have specific infor- mittee. When we look at who is likely for them to access services under the mation, let us use specific information; in the future to be illegal in this coun- Older Americans Act. otherwise, again, we are going to be try, it is more likely to be people who This is noncontroversial. It was be- wasting the resources of our security entered the country lawfully and then fore us, and it was objected to by a Re- system. The best use of resources are out of status than it is someone publican, so we couldn’t offer that se- would have us use information for addi- sneaking over the border. So I think we ries of amendments. That is not what tional screening rather than just say- could have used the money in a much we should be doing. We should be con- ing from one region of one country. more effective way, and we are micro- sidering these amendments in an or- By the way, if you can get a visa managing border security, which, in derly way, but that was not allowed. from those countries, then there is ob- the long run, will not be to the benefit Let me mention one other amend- viously a reason for an individual to be of this country. ment I hope we will get a chance to here. So unless we have a specific rea- I couldn’t agree with Senator LEAHY consider. That is amendment 1469, of- son for additional screening, we more in the statement he gave. We are fered by Senator MCCAIN, and I have shouldn’t be doing that by region or waiving contractor rules by the amend- joined him. It deals with gross viola- country. ment that is currently on the floor, tions of human rights, internationally The two amendments I referred to and that is going to cause waste, fraud, recognized human rights. Someone who are supported by many groups. They and abuse. There is no question in my has violated the basic international are supported by the Leadership Con- mind about that. standards for human rights shouldn’t ference on Civil and Human Rights, by But what I find very hypocritical is be given a visa to come to America. We the NAACP, by the AFL–CIO, and I can that the same Senators who are on the took action last Congress in dealing mention other groups that have urged floor day after day complaining about with the Magnitsky circumstances in us to modify the underlying bill with the size of government and government Russia, denying gross human rights these changes. spending when it comes to educating violators in Russia the opportunity to I held several townhall meetings in our children, when it comes to dealing come to America and getting a visa. At Maryland on the immigration reform with our most vulnerable, when it that time, we talked about there being bill. They were well attended. I comes to dealing with our health care an international standard. Senator thought the discussions were very posi- system, are the ones who propose MCCAIN and I have led the charge with tive. They were focused on how we can spending more money on border secu- other Senators, and I wish to thank make this bill a better bill and elimi- rity than anyone thought was nec- Senator WICKER for his work on these nate some of the unintended con- essary. issues. sequences. Several at these townhall We could have done this better. I am We should now have the opportunity. meetings talked about the registered disappointed, and I think if one takes a It is noncontroversial. No one has provisional immigrant status and cer- look at it, the amount of money being raised an objection to this amendment, tain requirements in order to stay in spent exceeds any of the earmarked so it should be considered. Yet because that status and have a pathway to citi- funds we were complaining of wasting of the obstructionist policies to date, zenship. One of the requirements is an in the past. I thought there was some we have not had that opportunity. individual has to be regularly em- benefit to earmarks. We talked about I wish to mention a few other issues ployed. We understand that. That is a that, but we got rid of earmarks, and in the underlying bill that I think we good requirement. However, there are now we have a bill that is spending bil- can improve upon if we have the oppor- times when we have to understand that lions of dollars in an effort to deal with tunity to consider reasonable amend- may not be practical—during an eco- border security when we could have ments. One deals with profiling. nomic downturn, when someone is in done it in a much more cost-effective I have introduced legislation that school. The bill recognizes school, edu- way. would ban profiling. When law enforce- cation, is an acceptable substitute for I am also disappointed in the amend- ment profiles based upon race, religion, regular employment. But if someone is ment process that has been used in this national origin or ethnicity, it is bad unemployed for a 60-day period, they legislation. I don’t blame the majority police policy. It is bad law enforcement run the risk of losing their legal status leader at all. I do blame those who policy. It leads to sloppy work. It leads in this country. have been obstructionists in consid- to a waste of resources, and resources I offered an amendment that said vol- ering amendments on the floor. Repub- are very scarce. It causes communities unteering in community service would licans have complained about amend- to turn against law enforcement rather be an acceptable substitute. This is a ments being offered on the floor of the than working with law enforcement. win-win situation. Someone who volun- Senate in the past. We have given the All of us have said we want to get rid teers is helping our community and opportunity on this immigration bill of racial profiling, and this bill does also learning more about the needs of for us to consider amendments, but it provide a way—a statement against our community. This had the support

VerDate Mar 15 2010 03:17 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00005 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.005 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5108 CONGRESSIONAL RECORD — SENATE June 25, 2013 of the AFL–CIO. They understand the controversial amendments, but I do States, arguing they are ‘‘a unique reasonableness of our labor cir- hope we will send this bill to the House privilege that serves to aid small cumstances. I hope we will still have a of Representatives. States from being trampled by the de- chance to consider that modification. I urge my colleagues in the House to sires of larger States.’’ I was also in discussions that came follow the example of the Senate, to I continue to be astounded by the in- out of these townhall meetings dealing listen to each other and work across sistence by some that we trample over with those who have violated our laws party lines so we can pass comprehen- these rights, especially given the sig- perhaps many years ago on maybe not sive immigration reform and send it to nificant nominations and legislation a very serious issue. There should be at the President of the United States for the Senate has recently considered. least some flexibility in the law for ex- his signature. It has been noted by many metrics tenuating circumstances, so someone is Mr. President, I suggest the absence the Senate has more rapidly confirmed not jeopardized to be deported because of a quorum. President Obama’s Federal judicial of something that is not relevant to The PRESIDING OFFICER. The nominations than it did during the today—that person being law-abiding. I clerk will call the roll. time of President Bush’s administra- hope we can consider that. The legislative clerk proceeded to tion. In addition, over the past few I offered amendment No. 1264, which call the roll. months the Senate has passed signifi- deals with private prisons. I think our Mr. CARDIN. Mr. President, I ask cant pieces of legislation: the farm bill, colleagues were surprised to find out unanimous consent that the order for the Water Resources Development Act, that about half of the 14,000 ICE deten- the quorum call be rescinded. and the Marketplace Fairness Act. We tions are detained in private penal fa- The PRESIDING OFFICER. Without have considered bills I have supported cilities, not Federal facilities. objection, it is so ordered. and bills I have opposed. But the fact is We want accountability. This law Mr. CARDIN. Mr. President, I ask we have given these pieces of legisla- provides for accountability for those unanimous consent that during the tion due consideration that would be who are detained. But a FOIA applica- quorum call the time be equally required of the world’s greatest delib- tion, where one can get information, charged to the majority and to the Re- erative body. only applies to Federal prisons. It publicans. At the beginning of this Congress, doesn’t apply to non-Federal prisons. I The PRESIDING OFFICER. Without the Senate agreed to a new standing offered a commonsense amendment objection, it is so ordered. order to expedite Senate consideration that I don’t think is controversial that Mr. CARDIN. Mr. President, I suggest in extraordinary circumstances. But would apply the same oversight to pri- the absence of a quorum. the majority leader has not even at- vate non-Federal prisons as we do to The PRESIDING OFFICER. The tempted to use the expedited proce- Federal prisons. We all talk about ac- clerk will call the roll. dures—not once. So I ask why, then, countability and responsibility of ac- The legislative clerk proceeded to threaten the very fabric of how this in- countability. I think that amendment call the roll. stitution was created? I have served in the Senate just 4 makes good sense. Mr. JOHANNS. Mr. President, I ask years, all of which I have been a Mem- So this is not the bill I would have unanimous consent that the order for ber of the minority. I would caution drafted. I would have done other the quorum call be rescinded. my colleagues whose experiences have things. I would have spent money a lit- The PRESIDING OFFICER. Without been conversely limited to serving only tle bit differently than is spent here, objection, it is so ordered. and certainly not as much money. I in the majority that should the major- f ity go down the road of the nuclear op- would have taken care of some of the tion, there is no turning back. There problems on profiling, and I certainly RULES OF PROCEDURE will come a day—perhaps soon—when would have dealt, on some of the other Mr. JOHANNS. Mr. President, I rise control of this Chamber will shift, and issues, with Holocaust survivors. I still today to speak about longstanding the current majority will not like what have hope that some of these amend- rules of procedures and traditions of the Senate. it sees when it is in the minority. ments can be considered and adopted. I My colleague, the senior Senator I have watched with interest over the know people are working on that, and from Tennessee, recently outlined a past few weeks as members of the ma- I hope we can work on a package that number of priorities he would pursue jority have continued to threaten to will improve the bill, particularly the should we find ourselves in that situa- break the Senate rules in order to im- noncontroversial amendments. tion where a Republican-controlled pose a majority rule at the expense of I spoke on the floor a couple weeks Senate could use majority rule. ago as to why I support this bill. I minority rights. We continue to hear I am not going to be here in the 114th talked about a high school student who threats of the nuclear option by which Congress, but I thought I would outline found out he was eligible for a scholar- the majority would break the rules to some policies I would support should ship, only to find out he couldn’t take change the rules. the current majority take us down that it because of his legal status. I talked Despite past assurances from the ma- road. Perhaps my list of priorities will about young people who were separated jority that rules changes would only give some ideas to my colleagues who from their parents who have been de- occur through regular order, they con- will be serving in the next Congress. ported. I talked about employers who tinue to threaten the exact opposite. Here are just a few policies I would have seasonal needs and workers who Make no mistake, this is not some in- highlight, many of which have already are well-trained, highly skilled. There side-the-beltway squabble over par- received majority support in the Sen- are scientists who are desperate for im- liamentary procedure. The long- ate but have fallen short of the 60-vote migration reform so they can meet standing rules allowing for unlimited threshold. their economic needs. I have talked at debate and amendment protect every First, and most important, the repeal great length how this bill will help the American whose voice is represented of the health care law that promised American economy, help us be more by the minority in the Senate. These the world but delivered only chaos, competitive internationally, and how protections are especially important confusion, and higher costs. You can this bill is compassionate as to what for Americans who live in rural and bet the Senate would repeal all 2,700 America should stand for on its immi- less populated States. That would in- pages with one 15-minute rollcall vote. gration policies. clude my home State of Nebraska. In addition, without having to worry So this is not a difficult choice for The Constitution specifically de- about the opposition of the current ma- me to make. I support this legislation signed the Senate to function in a man- jority, we can enact responsible re- and will be voting for this legislation ner that was very different and very forms to rein in debt and deficit. Re- because I do think it is in the best in- distinct from the House of Representa- forming our entitlements would, of terests of our country. I do hope we tives. The threat of the nuclear option course, need to be center stage since have an opportunity to improve this clearly abandons this intent. The ma- that is where the money is spent. legislation before we vote on it. I hope jority leader has affirmed the impor- Another priority would be to prevent we can adopt some of these non- tance of filibuster rights to small regulatory overreach by heavy-handed

VerDate Mar 15 2010 23:30 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00006 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.006 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5109 executive agencies, such as the EPA. unveil a national energy tax that will urged the leader of the Soviet Union to Very specifically, we could overturn discourage job creation and increase ‘‘tear down this wall.’’ In that speech, the EPA’s pursuit of cap-and-trade energy bills for America’s families. President Reagan also said freedom through the regulatory process just an- This announcement about existing and security go together. nounced today by the President and powerplants comes after the Obama ad- In contrast to President Obama’s force EPA to back off regulations with ministration has already moved for- idealism, President Reagan grounded more costs than benefit. ward with excessive redtape that his beliefs in history and in facts. We Next, we would promote investment makes it harder and more expensive for have experienced a world without nu- and job growth by immediately approv- America to produce energy. It also clear weapons. Great powers went to ing the construction of the Keystone comes as a complete surprise to the war with each other repeatedly, which XL Pipeline. We can further support Members of the Senate, especially caused unthinkable amounts of death energy independence by continuing de- since Gina McCarthy—the President’s and suffering. The estimated number of velopment of the Yucca Mountain nu- nominee to lead the Environmental dead from World War II generally clear waste repository which has been Protection Agency—just told Congress ranges from 45 to 60 million. We stalled by the majority leader despite it wasn’t going to happen. haven’t had a war with that kind of substantial support. This is critical to She is currently the Assistant Ad- global death toll since then. Nuclear nuclear plants across this Nation, in- ministrator of the EPA. Here is what weapons and their deterrence power are cluding two plants in Nebraska. she told the Senate about regulations a critical reason for that. Another focus would be to provide on existing powerplants: EPA is not Ronald Reagan knew America’s nu- transparency and reform at the Con- currently developing any existing clear deterrent helped keep Americans sumer Financial Protection Bureau. I source GHG regulations for power safe and helped keep our country free. would require legislative oversight of plants. I think it is important we recognize its budget and replace the unelected As a result, she said: We have per- that essential truth. President Obama head of the CFPB with an accountable formed no analysis that would identify seems to base his plan to cut America’s board. Why stop there when we could specific health benefits from estab- defenses on this false notion that we repeal the entirety of the Dodd-Frank are safer without nuclear weapons. Act and replace it with a more respon- lishing an existing source program. With today’s announcement by Presi- This is a serious problem. sible approach? Second, I think it is important to The Republican-controlled House of dent Obama about existing power- plants, it is clear Gina McCarthy is ei- recognize that a vital part of the deter- Representatives, which the Senate rent is what is called the nuclear triad. would essentially mirror, passed 270 ther arrogant or ignorant. She either didn’t tell the truth to the Senate or This is the idea that we, as the United bills that the current majority leader States, have three ways we can defend declined to even consider last Congress. she doesn’t know what is going on within her own agency. Either way, America. Should the current majority irrev- We have nuclear weapons on bombers such a person cannot lead the EPA. ocably alter the rules of the Senate, a that can be flown to where they are new Senate majority could just rail- To the point that this morning’s Na- tional Journal Daily—with a picture of needed, we have nuclear weapons that road all 270 bills through the process, can be launched from the ballistic mis- and all those treasured policies the ma- her right there on the front page—says: ‘‘Obama’s efforts could make EPA sile submarines that are stationed jority puts in place will get repealed— around the world, and we have nuclear perhaps before they ever get imple- nominee Gina McCarthy’s confirma- tion more difficult.’’ In this economy, weapons in the ground that can launch mented. Ping-ponging from the whims intercontinental ballistic missiles. All the last thing we need to do is have a of one 2-year cycle to the next is not a of these have different uses and to- national energy tax that will discour- way to govern. It is the very reason our gether they have a flexible, survivable, age hiring and make energy even more Founders designed the Senate as a and stable nuclear deterrent. The triad expensive. counterweight to the House. ensures other major powers are never I say to those colleagues who would Also, I might point out to the White tempted to go too far and threaten so quickly disregard the Senate rules: House that they continue to say the America’s security or that of our al- Be careful what you wish for. Under main objective of the President’s plan lies. today is to ‘‘lead the rest of the this approach, your procedural right to So the second thread of President world.’’ Based on the news of the last debate, to amend, to raise points of Obama’s plan is that it could require order, all of that would be useless. week, it is clear that the rest of the substantial cuts to the ICBM force Your vote, your voice, and the voice of world, including China and Russia, across the country, which means a your constituents would be effectively isn’t following President Obama’s di- weaker triad, a weaker deterrent, and a silenced. That is not the Senate the rection or his leadership. weaker defense. Framers envisioned when they bro- NUCLEAR WEAPONS The Secretary of Defense gave a kered the agreement that established That brings me to my next topic. speech the other day too. He com- our constitutional approach. I will Last week, President Obama gave a mitted to actually keeping the triad of leave with the words of Senator Robert speech at the Brandenburg Gate in Ber- air, sea, and land-based deterrents. If C. Byrd, with whom many of us had the lin. In that speech, he said he plans to the President is serious about pro- pleasure of serving and whose love and cut the number of America’s deployed tecting Americans and our allies, he knowledge of the Senate remains un- strategic nuclear weapons by up to should immediately announce he surpassed to this day. one-third. This would be a drastic cut agrees with what his Defense Secretary The Senate has been the last fortress of and would be on top of the drastic cuts said the other day. The President needs minority rights and freedom of speech in the in the New START arms control treaty to reassure the American people that Republic for more than two centuries. I pray from less than 2 years ago. President that Senators will pause and reflect before he will take no steps that could weak- ignoring that history and tradition in favor Obama’s latest defense cuts are short- en the triad or any parts of it. of the political priority of the moment. sighted and his approach to making The question is, Why now? The Sen- I hope the majority heeds his call to this important announcement has been ate just ratified a new START about a place history and tradition and our Na- far too hasty. year and a half ago. That treaty set tion over the political priority of the First of all, in the President’s speech, new levels for nuclear weapons and for moment. he repeated what has been sort of a delivery vehicles, but we haven’t had I yield the floor. mantra for people who want to elimi- time to even implement those new lev- The PRESIDING OFFICER (Mr. nate all nuclear weapons. He said: ‘‘So els and the President goes and makes SCHATZ). The Senator from Wyoming. long as nuclear weapons exist, we are this next statement. Why the big rush f not truly safe.’’ to say those levels are all wrong and In 1987, President Ronald Reagan we need to cut even more nuclear ENERGY POLICY went to the same spot at the Branden- weapons? Mr. BARRASSO. Mr. President, burg Gate in the shadow of the Berlin In 2010, the Senate held hearings today President Obama is supposed to Wall. He gave a speech in which he about New START. The head of the

VerDate Mar 15 2010 23:30 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00007 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.008 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5110 CONGRESSIONAL RECORD — SENATE June 25, 2013 U.S. Strategic Command at the time should not rest in the hands of the ment. We have seen an overwhelming was General Chilton. He was asked if President alone or with his selected ad- bipartisan vote that would suggest the treaty allowed the United States visers. sooner or later we will repeal the med- ‘‘to maintain a nuclear arsenal that is Under the President’s plan, he would ical device tax, which is a gross re- more than is needed to guarantee an cut our nuclear defenses 55 percent. ceipts tax on the people who are inno- adequate deterrent.’’ Russia continues to modernize its nu- vating and creating jobs right here in General Chilton said: clear arsenal. China is expanding its America and creating access to high- I do not agree that it is more than is need- nuclear stockpile. Iran is accelerating quality health care, which makes us ed. I think the arsenal that we have is ex- its nuclear efforts. North Korea con- second to none. We saw how it turned actly what is needed today to provide the de- tinues its nuclear threats. We already out with ObamaCare. terrent. have the New START Treaty. It would Now, once again, we are being urged A former Secretary of Defense testi- be irresponsible to move forward with to enact a massive piece of legislation fied at the same hearing, James these sorts of cuts the President is before the American people are fully Schlesinger. He said the strategic nu- talking about without extensive dis- aware of what is in it. Indeed, some clear weapons allowed under New cussion with the American people and supporters of the immigration bill are START are adequate, though barely so. Congress. hoping some of its more outrageous What has changed from the testi- The world remains a very dangerous elements will go unnoticed. Well, that mony in 2010 or since the Senate rati- place. Instead of drastically weakening is not going to happen. We are going to fied the treaty at the end of 2011? The America’s defenses, the President be spending the next few days, until level was barely adequate a couple of should focus on stopping countries this bill passes this Chamber, to point years ago. It was exactly what was such as Iran and North Korea from ex- out some of the more indefensible pro- needed then. So how can we now cut panding their nuclear programs. Amer- visions in the underlying bill. another 33 percent off that level? That ica can’t afford to lose the full deter- Today I wish to talk about what I is what the President is proposing. The rent effect of a strong nuclear defense. think is arguably the most indefensible only thing that has changed since Thank you, Mr. President. I yield the portion of the bill—the part that then—it seems to me—the threat of floor. grants immediate legal status to immi- hostile nuclear programs has become The PRESIDING OFFICER. The Re- grants with multiple drunk driving or even greater. publican whip is recognized. domestic violence convictions. As countries that are not our friends Mr. CORNYN. Mr. President, I wish As we know, in the underlying bill, grow closer to modernizing their nu- to start by thanking the Senator from those who apply for and qualify for reg- clear weapon program, it would be irre- Wyoming for his comments this morn- istered provisional immigrant status sponsible for us to weaken our own pro- ing. I think they are right on the mark. can stay in the United States and work gram. We haven’t even had a chance to Throughout world history we have for up to 5 years, providing they meet confirm that Russia is complying with tried the appeasement of those who the terms of that probationary status, its obligations under New START. Rus- would seek to use their power to bully and they can actually reapply for an- sia has a long history of not complying other people into submission, and I other 5 years and then eventually, with treaties. President Obama set out worry the President is taking a naive after 10 years, they can qualify for to reset relations between our two approach here and unilaterally dis- legal permanent residency, which is countries. There is no evidence that arming the United States in the face of the pathway to American citizenship anything has changed. a rising threat from Russia and other as early as 3 years from that time. But Even the Washington Post admitted parts around the world. So I thank the under the provisions of this bill, immi- the failure of the so-called reset. They Senator for his very important com- grants who are out of status—undocu- ran an editorial last week with the ments on a very important topic. mented immigrants—can get access to title ‘‘A starry-eyed view of Putin.’’ It f probationary status and get on a path- said: way to legal permanent residency and IMMIGRATION REFORM In touring Europe this week, President citizenship, even though they have Obama has portrayed Russia’s Vladmir Putin Mr. CORNYN. Now that cloture was committed multiple incidents of driv- as a ruler with whom he can build a con- invoked on the underlying Leahy ing while intoxicated or domestic vio- structive, cooperative relationship that amendment, I think it is very impor- lence. Most Americans aren’t aware of moves us out of a Cold War mind-set. tant the American people and Members these provisions, but I can assure my They go on to say: of Congress look more closely at what colleagues everyone will suffer the con- It’s a blinkered view that willfully ignores actually is in the immigration bill we sequences if this ill-considered provi- the Russian President’s behavior—willfully will be voting on during the course of sion becomes the law of the land. ignores the Russian President’s behavior. this week and, presumably, if the ma- In fiscal year 2011, Immigration and The Washington Post got it right. jority leader has his way, will see pass Customs Enforcement deported 36,000 Finally, the President seemed to be this Chamber and head over to the individuals with DUI convictions; that laying the groundwork in his speech House of Representatives. is, driving under the influence convic- for a new round of cuts he could do uni- It was three years ago when the tions—nearly 36,000 people. That gives laterally. That would be a mistake. Democratic House leader and the us an idea of how big this problem is Any further reductions in America’s former head of that Chamber NANCY and what the consequences are of turn- nuclear defenses should be done PELOSI famously said we would have to ing a blind eye to this provision in the through a negotiated treaty with Rus- pass ObamaCare in order to find out underlying bill and what impact it sia. That means a thorough process what was in it. We have all said things might have on the public. open to the scrutiny of the American we regret, and I bet if she had it to say Last week I shared a few stories from people and subject to full consideration over again, she would not have said it my State of Texas, including the story by this body. that way. Indeed, it seemed to strike of the sheriff’s deputy in Harris County New START included a resolution of such a responsive chord in people be- named Dwayne Polk, who was killed ratification that specifically says fu- cause the public realizes what we last month by an illegal immigrant ture nuclear arms cuts can be made should acknowledge, which is when it drunk driver who had previously been only—only—through a treaty. Arms comes to 2,700 pages of legislation arrested for, No. 1, driving under the control advocates pushing President passed through without adequate delib- influence and, No. 2, carrying an illegal Obama to make more cuts know that eration and an understanding of what weapon. Today I wish to share two negotiating in public is difficult. They is in it, purely on a partisan vote, we more stories. would prefer to strike backroom deals. are bound to make mistakes. In August 2011, an illegal immigrant That is not the political system our Unfortunately, we know how drunk driver crashed his car in Framers designed. They specifically re- ObamaCare turned out. We have now Brenham, TX, killing four other peo- quire two-thirds of the Senate to ratify seen bipartisan votes to repeal certain ple, all of whom were under the age of treaties. Such important decisions portions of it such as the 1099 require- 23 years old. We subsequently learned

VerDate Mar 15 2010 03:08 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00008 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.009 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5111 the driver of the car had been arrested that. Yesterday we had 67 votes in years—10 years of being monitored by just weeks before that deadly accident favor of this immigration reform pack- our government—they have a chance to for—you guessed it—drunk driving. Yet age. We would have had 69, but two move into a status where they can because his initial offense was tech- Democratic Members were held up be- start working toward immigration in a nically a class C misdemeanor, he was cause their flights were delayed and 3-year period of time—working toward not taken into Federal custody and de- they couldn’t make it. Sixty-nine. It citizenship in a 3-year period of time. ported. basically means we had somewhere in Thirteen years. This is no amnesty. In March 2012, an illegal immigrant the range of 17 Republicans joining During that period of time before they drunk driver crashed his vehicle into with the Democrats. That is amazing become citizens, they will have paid, an apartment building in Houston, kill- on an issue this controversial. under our bill, some $2,000 in fines, paid ing a 7-year-old boy and leaving a 4- I have been engaged in meetings on their taxes for every single day they year-old boy with severe burns on near- this measure for quite a few months. worked, learned English, and, of ly half of his body. Not surprisingly, Eight of us, four Democrats and four course, submitted themselves to this the drunk driver had been arrested for Republicans, all over the political spec- continuing background check. We are a DUI once before in 2008, and in 2011, he trum, sat down and said we were going better Nation when that occurs. had been charged with attacking his to come up with a bill. It wouldn’t be In addition to that, there are provi- wife by punching her in the face. perfect and not one single individual sions in here that relate to a group of We know drunk drivers and domestic Senator was going to like it, but to- undocumented that mean an awful lot abusers tend to be serial or repeat of- gether were are going to agree on to me personally. Twelve years ago I fenders. In other words, it is rare that something, and we did. There are parts introduced the DREAM Act. The people who have engaged in domestic of it I don’t like at all. There are parts DREAM Act said if a person was violence only do it once and people who of it I think are great. That is the na- brought here as a baby, an infant, or a drive while intoxicated only do it once. ture of a compromise, and that is what child, and that person had been edu- By offering registered provisional im- we are expected to do. cated in the United States, graduated migrant status to illegal immigrants It is a long bill. This is the bill we high school, has no serious criminal with multiple DUI convictions or do- voted on yesterday. Even though many problems, they then have a chance to mestic violence convictions, we are vir- Members are complaining about the become a citizen by completing at tually guaranteeing more innocent size of this bill, most of it has been out least 2 years of college or enlisting in people will lose their lives or become there now for almost 2 months. Even a our military. I have been trying to pass victims of violent crime. That is un- slow-reading Senator should have been that for 12 years. It was I think 2 years conscionable and it is indefensible. able to get through it. One hundred ago we had the last vote on the Senate Last week I challenged any Member new pages were brought in yesterday, I floor on the DREAM Act. Every time of this Chamber to come down to the will concede, over the last 4 or 5 days, we have called it we got a majority, floor and defend these provisions, and I but at least 100 pages can be addressed but we couldn’t pass it because of the repeat that challenge today. I don’t by most Senators and their staff. Republican filibuster. think we will find any takers, because Why do we need to do this? Why don’t The last time we had this debate, we cannot defend the indefensible, and we take the easy way, find something those galleries were filled with young granting legal status to drunk drivers wrong in here and vote no? I guarantee people who were undocumented in caps and violent criminals is just that: an I can point to five or six sections I and gowns. They were sitting there to indefensible policy that will inevitably would rewrite. If we do that, where do remind us they were graduating from have tragic circumstances. we leave our country? We leave 11 mil- our schools—among them valedic- Provisions such as this one are one lion people who are undocumented liv- torians, many who had been accepted more reason why this bill is dead on ar- ing in the shadows, fearing they may to college but could not afford to go be- rival in the House of Representatives. be deported tomorrow, working for cause they were undocumented. One final point. Many critics of my below-minimum wage under intoler- This bill deals with these DREAMers, border security amendment called it a able conditions, competing with Amer- as we call them today, and gives them poison pill which, of course, was ridicu- ican workers. We don’t know who they a chance to become citizens. About lous because it used the same criteria are officially, where they live, or what 500,000 of them have come forward al- used in the underlying framework writ- they do. For the security of the United ready under the President’s Executive ten by the Gang of 8. But leave that States, for the competitiveness of order. Their stories are amazing and aside. Here is what I would say to those American workers, this is a bad situa- inspiring. critics: If we want to know what a real tion. At a meeting with President Obama 2 poison pill is, all we have to do is read What we do is say to these people, weeks ago, we talked about the through these provisions with regard Come forward. Come forward and reg- DREAM Act. He said: When the to criminal justice in the Gang of 8 ister with the government. That is the DREAMers came into my office and bill. We should not be supporting legis- first step. If a person was here before told their stories, there was not a dry lation that grants immediate legal sta- December 31 of 2011, he or she can qual- eye in the room—the sacrifices they tus to drunk drivers and domestic ify, but they have to go through a are making in the hope they can be- abusers. I can understand why the criminal background check. come part of America’s future. American people are asked to extend The Senator from Texas raises ques- I have the greatest faith in them, and an act of uncommon generosity for tions about whether that background I know they are not going to let me people who enter our country in order check should be modified this way or down. Their stories are going to con- to work and provide for their families, that way. I can certainly argue one tinue to inspire us, and they are part of but for those who have demonstrated way or the other as to how it should be this bill. their contempt for the rule of law and modified. But in a 1,200-page bill, that Can I find one section in this bill I for the legal standards which govern is one very small section—an impor- disagree with? Sure I can. But can I all Americans, I don’t think they de- tant one but only one. turn my back on 11 million people serve this sort of extraordinary treat- What I am suggesting is we are bet- being given a chance to come forward, ment. I hope there is somebody who ter off as a Nation to have 11 million register, and become part of America will come to the floor and explain why people come forward, identify them- with some strict conditions? Can I turn these provisions are in the bill. selves, register with our government, my back on 11⁄2 million DREAMers— Mr. President, I yield the floor. pay their taxes, pay a fine, and submit and that is an estimate—who would fi- The PRESIDING OFFICER. The ma- themselves to a criminal background nally get their chance to be part of jority whip. check before we allow them to stay in America’s future? No. I am not going Mr. DURBIN. Mr. President, we have this country. That is certainly better to turn my back on them. I will work an historic opportunity here in the than the current situation. to improve this bill, but I am not going Senate. It doesn’t happen very often. On the other side, this bill also cre- to walk away from it. Walking away This is a bipartisan bill. How about ates an opportunity for them. After 10 from legislation, voting no may be an

VerDate Mar 15 2010 23:30 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00009 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.011 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5112 CONGRESSIONAL RECORD — SENATE June 25, 2013 easy thing for some, but when it comes ders and one which truly reflects on Senate what I have said to him pri- to this, it is not easy for me. It is our values as a nation. vately, what I have said to him in our something I will not do. I want to I gave a speech last week to a group leadership meetings, and what I have stand by it. in Chicago, and I talked about the di- said to him in our caucuses, that he is Let me say a word about the rest of versity of this group, the group that the champion of the DREAM Act. That the bill. There are provisions in this was gathered—Black, White, and act—when it finally passes, will give bill that deal with things we do not Brown, young and old, men and these DREAMers a better life, and think about. Here is the reality: If you women—and I said: If I asked every- there will be one person they can happen to be a grower, growing fruits body in this ballroom to write their thank most and that will be Senator and vegetables in America, and you put family story, their personal story, each DICK DURBIN of Illinois. Because for the out a sign ‘‘Help Wanted’’—would you would be different. But there would be time I have known him—and it has like to come and pick strawberries in two chapters in that story that would been years—this has been first and Salinas Valley in California; would you be the same. The first chapter you foremost over and over again, and I like to come pick apples in southern Il- might entitle ‘‘Out of Africa’’ because just want to state my admiration for linois—there are not a lot of local kids that is where we all started. It was the Senator from Illinois for doing who sign up. It is hard work, some say 70,000 years ago when the very first im- that. dangerous work, and I believe it is. migrants left Ethiopia, crossed the Red f Those who do these jobs—the migrants Sea into the Arabian Peninsula, and who come in and work—do it for a liv- literally populated the world. How do CONCLUSION OF MORNING ing. It is hard, tough labor. Without we know that? Because we can find BUSINESS them, these crops do not get picked chromosomal DNA that dates back to The PRESIDING OFFICER. Morning and processed and we suffer as a na- those original immigrants in every per- business is closed. tion. son on Earth. We all started in the f This bill has a provision on agricul- same place 70,000 years ago, emigrating tural workers that is extraordinary. out of Africa. BORDER SECURITY, ECONOMIC OP- MICHAEL BENNET of Colorado and The second chapter would be entitled PORTUNITY, AND IMMIGRATION DIANNE FEINSTEIN of California are two ‘‘Coming to America.’’ Every single MODERNIZATION ACT who sat down with MARCO RUBIO of one of us has a different story. My The PRESIDING OFFICER. Under Florida, and others, and they worked chairman is proud of his Irish and the previous order, the Senate will re- out an agreement that has been signed Italian heritage. His wife is proud of sume consideration of S. 744, which the on to by the growers and the unions her French-Canadian heritage. I stand clerk will report. representing the workers. How about here proud of the fact that my mother The assistant legislative clerk read that. A business, management, and was an immigrant to this country from as follows: labor agreement when it comes to ag Lithuania, brought here at the age of 2. A bill (S. 744) to provide for comprehensive workers. That is in this bill too. Now it is my honor to stand on the immigration reform and for other purposes. Should we walk away from that? floor of the Senate and represent 12 or Pending: There is a provision as well to try to 13 million people in the great State of tap into the talent that is educated in Leahy modified amendment No. 1183, to Illinois. strengthen border security and enforcement. America that can help us create jobs. As I have said before, that is my Boxer-Landrieu amendment No. 1240, to re- Let me say that one of the things I story, that is my family’s story, that is quire training for National Guard and Coast insisted on in this bill is that before America’s story. Guard officers and agents in training pro- anyone is brought in to fill a job from We have to get this right because im- grams on border protection, immigration law overseas, you first offer the job to an migration is not just a challenge, it is enforcement, and how to address vulnerable American. That, to me, is the bottom part of the American heritage. It is populations, such as children and victims of line. That is my responsibility as a who we are. The courage of Senator crime. Senator who represents many of the Cruz amendment No. 1320, to replace title I LEAHY’s family, the courage of my of the bill with specific border security re- people who are unemployed today. But grandparents, to pick up and move and quirements, which shall be met before the this bill takes a step beyond that. If come to a place where many of them Secretary of Homeland Security may process you cannot fill that position, you have did not even speak the same language applications for registered immigrant status an opportunity to fill it with someone is part of our American DNA. That is or blue card status and to avoid Department brought in from overseas. what makes us different, and that is of Homeland Security budget reductions. I will give an illustration. The Illi- what makes us better, I guess I might Leahy (for Reed) amendment No. 1224, to nois Institute of Technology—which is say with some pride in where I came clarify the physical present requirements for merit-based immigrant visa applicants. an extraordinary school for engineer- from. ing and science in the city of Chicago— Reid amendment No. 1551 (to modified We have to honor that tradition with amendment No. 1183), to change the enact- at their commencement a few years this immigration reform bill, and I be- ment date. ago when I spoke, virtually every ad- lieve we do. To walk away from it at Reid amendment No. 1552 (to the language vanced degree was awarded to someone this point in time, to find some fault or proposed to be stricken by the reported com- from India. Today, virtually every ad- some section that you disagree with is mittee substitute amendment to the bill), to vanced degree is awarded to someone just not good enough. We have to ac- change the enactment date. from China. cept our responsibility. Reid amendment No. 1553 (to amendment I have met some of these graduates, Yesterday 67—maybe 69—Senators No. 1552), of a perfecting nature. and I have said to them: With this edu- were ready to do that. By the end of The PRESIDING OFFICER. The Sen- cation—the best in the world—would the week, stay tuned. We have a chance ator from Vermont. you stay in America if you were offered to pass this bill and make America a Mr. LEAHY. Mr. President, yester- that chance? They said yes. Why would stronger nation, be fair and just to peo- day the Senate voted to adopt an we educate them and send them off to ple who are here, and honor that great amendment offered by Senators compete with American companies? If tradition of immigration. CORKER and HOEVEN relating to border they can be brought into our compa- I yield the floor. security. nies and create American jobs and op- The PRESIDING OFFICER. The Sen- I have some misgivings about the portunities with them, it is good for all ator from Vermont. policy contained in that amendment, of us. That is part of this bill as well. f and I have spoken to that on the floor. As I look at this bill, this is a his- But, at the same time, I commend toric opportunity to solve a problem DREAM ACT CHAMPION these Senators for engaging on this which has not been addressed seriously Mr. LEAHY. Mr. President, one, I legislation and taking the steps they in 25 years, a problem which we know wish to applaud the senior Senator feel are necessary to gain broader sup- confounds us as we deal with 11 million from Illinois for his statement, and I port for the underlying bill. We are undocumented people within our bor- will say publicly on the floor of the now one step—one big step—closer to a

VerDate Mar 15 2010 23:30 Jun 25, 2013 Jkt 029060 PO 00000 Frm 00010 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.015 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5113 Senate vote on comprehensive immi- of her family went on to establish suc- tions around the country, such as the gration reform legislation. cessful businesses and become leaders Vermont Symphony Orchestra that in- I would like to take just a few mo- in their communities and they have vites talented foreign artists to per- ments to reflect on why this legislation given greatly to Vermont. Marcelle form in America. It contains measures is so important and to remind the Sen- grew up to serve the communities in to improve the lives and future of refu- ate that as we consider the bill, we which she lived as a registered nurse, gees and asylum seekers who call should remember that at its core it is caring for others in Burlington, VT, in Vermont home. about people. It is about families seek- Washington, DC, and in Arlington, VA. It contains improvements to the H– ing the promise of America. It is about Similar to many young immigrants 2B program to help small businesses. It children whose parents want what any in our country, Marcelle grew up in a contains a measure to ensure that the parent wants for their child—the op- bilingual household, knowing two dif- job-creating E-B5 program be made portunity to succeed, to prosper, to ferent cultures. But this is America for permanent so the State of Vermont live in a free, open and welcoming soci- so many, where young people grow up and other States can continue the ety. in families where multiple languages great work that is being done—in our To me, the bill is less about numbers are spoken, where traditions from mul- State, done to improve Vermont com- and metrics or border fences and tech- tiple cultures are observed. This en- munities. nology than it is about human beings riches America. This is a bill that will help Vermont and the natural desire we all have to My maternal grandparents came to families and businesses alike. So I dis- better ourselves, our families, and to this country from Italy. My grand- cuss this legislation today in the con- give our children the lives we wish for father, similar to many others who text of my personal history. I do it to them. came to Vermont from Italy, was a take a moment to remind all of us that The measures in this legislation will granite carver. He opened a granite immigration is about more than border give those affected by it the freedom to business in central Vermont. The hard security. It is about more than politics. get on the path to becoming Ameri- work and determination of my mater- It is about the lives and hopes and cans. Our history of immigration is one nal grandparents—who did not speak dreams of human beings. It is about that honors our free and open society English when they arrived—to settle in those who go on to do great things in and which has strengthened it. this country laid the foundation for my America. It is about American commu- Immigration has, in part, been the mother and our family. nities that benefit from immigration. story of enlarging a society made up of My paternal great-grandparents That has been our history; it should individuals who, no matter their vast came from Ireland, and my grand- also be our future. As I said before, the differences, all believe in the promise father, who was named Patrick legislation before us will help write the of American democracy and the values Leahy—and I am named after him— next great chapter in America’s his- worked in a stone quarry as well. They given to us in our Constitution. When tory of immigration. I see the distin- worked hard. They had a family. I grew we welcome those who yearn for these guished ranking member on the floor. values, we strengthen and renew them. up the son of printers in Montpelier, I yield the floor. Of course, we are a nation of immi- our State capital. The PRESIDING OFFICER (Ms. But nearly every American family grants. Past immigration has helped HEITKAMP). The Senator from Iowa. has a story similar to mine and shape this country and deepen its eco- Mr. GRASSLEY. As we have seen Marcelle’s. We are more alike than we nomic and cultural vibrancy, touching over the past 2 weeks, immigration is a are different from today’s immigrants every State and every community— very emotional issue. It is an issue and first-generation Americans. from the Presiding Officer’s far western The majority of new immigrants will that engenders strong feelings from State of Hawaii to my own north- continue this proud tradition of hard both sides of the aisle and maybe out eastern State of Vermont. work, the drive toward prosperity, and in the grass roots of America even After the Revolutionary War and embracing the values that make Amer- stronger feelings than are expressed on into the early 1880s, for example, ica great. They will someday tell their the floor of the Senate. Vermont had been the slowest growing children and grandchildren of their Everyone wants reform in the Sen- State in the Union. Old growth forests own immigrant histories, as Marcelle ate. I have not heard anybody say the had been stripped and farms had been and I learned from our parents and our present situation is A-OK, but every- worn out. But immigrants helped re- grandparents. The bill we consider will one has their own ideas and different claim forsaken farms and build and op- continue to cycle growth and renewal. solutions. erate budding new factories in new cen- It will improve on many aspects of our Now, at the grass roots of America, ters of industry across the Green immigration system. there are people who say we ought to Mountain State. The bill before us contains measures give citizenship yesterday. There are The United States has been made that are important to many people on the other side who say 12 stronger by the diverse cultural back- Vermonters. I have a provision that million people ought to be rounded up ground that has been woven into our takes an important step toward restor- and shipped out of the country. Neither national fabric. This Vermonter is the ing privacy rights to millions of people one of those are very realistic today, grandson of immigrants to Vermont who live near the northern border by but those are even stronger voices than from Ireland and Italy, and our herit- injecting some oversight into the deci- you hear on the floor of the Senate. age is one of which my family and I are sionmaking process for operating Fed- Now, we are trying to find some rea- fiercely proud. eral checkpoints and entering private sonable solution. I do not think the bill To appreciate the values inherent in land without a warrant far from the that is eventually going to pass is a our immigration policy, I need only to border. reasonable solution. But I will not look at the experiences of my own fam- The bill contains significant meas- know whether this is a reasonable solu- ily and the family of my wife Marcelle. ures to assist dairy farmers and other tion until we get through the entire Marcelle’s mother and father, Louis Vermont growers who have long relied legislative process, meaning the House Philippe Pomerleau and Cecile Bou- on foreign workers and are going to of Representatives and the conference. chard Pomerleau, immigrated to the need them in the future. It contains a But I think down the road we can do United States from the Province of youth jobs program proposed by Sen- much better than is going to be done in Quebec in Canada. Marcelle is a first- ator SANDERS to help young people the Senate. generation American born in Newport, gain employment. It contains a meas- Now, as I said, everybody has their VT, and, of course, to me, is the great- ure I proposed to make sure that no own ideas and different solutions. Un- est contribution her mother and father Canadian citizen traveling to Vermont fortunately, the process has not al- made to Vermont and America. to see a family member will ever be lowed us to fundamentally improve But Marcelle’s mother and father charged a fee for crossing our shared this bill on the floor of the Senate like contributed much to Vermont and to and long and wonderful border. we were able to have that chance—not America in business, in music, and en- It contains an improvement to the too successfully—but at least we had riched their own community. Members visas used by nonprofit arts organiza- that chance in committee with that

VerDate Mar 15 2010 00:44 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00011 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.016 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5114 CONGRESSIONAL RECORD — SENATE June 25, 2013 fair and open process. So out here on I am a believer, just like everybody that is backed by the rule of law, the the floor of the Senate we have not in this body, in the rule of law, despite foundation of our society. been able to vote up or down on com- what some say, including the majority Why should we have to apologize for monsense amendments or very many leader. That does not mean we want to wanting to ensure people live by the amendments at all. I think to this deport 11 million people. I want a hu- laws that we set? We will not survive point about 9, 10, 11 amendments are mane and fair process for them to live, as a country if we allow people to ig- all that we have considered out of 451 work, and remain here. I have said nore the law and be rewarded for it. We that have been offered. many times, and I have said it many just cannot be a country of lawless- Despite the fact that the American times particularly in the past few ness. Why is wanting to secure the bor- people want the border secured before months, that we do not necessarily der anti-immigration? It is not. We are we provide a path to legalization, this need more laws, but rather we need to a sovereign nation. It is our duty to bill appears to be favored by a majority enforce the laws that are already on protect the people of this country. in the body who believe that legaliza- the books. That is the first responsibility of the tion must come before border security. That is what I hear at my townhall Federal Government, to guarantee our I ought to say that again. Despite the meetings when people come to them sovereignty because it is basic to our fact that the American people want and I start to explain about immigra- security. It is our right to create proce- border security before we provide a tion. Somebody pops up: Right. We do dures whereby others can come to this path to legalization, there appears to not need more laws; we just need to en- country and make a living for them- be a majority in this body who believe force what we have on the books. selves. that legalization must come before I agree. We need to enhance and ex- This does not mean we do not want border security. pand legal avenues for people who want other people from other countries. The polls around America show just to enter, live, and work in this coun- After all, except for Native Americans the opposite. Border security first, ev- try. But we have laws that have gone we are all a country of immigrants, erything else after the border is se- ignored for 17 years. We have laws that some first generation and some, I sup- cured. This approach of legalization are undermined and disregarded. The pose, fifth or sixth generation. We want first is concerning, not only because country will benefit if we have sensible to ensure that we protect our sov- the border will not be secured for years immigration laws. One of the failings ereignty. We want to protect the home- down the road, but more importantly of the 1986 law was that it did not do land. because it devalues the principle that enough to create avenues for people to So I ask my colleagues to think is very basic to our country and our work here. Advocates for reform claim about how our country’s immigration laws will survive the test of time. If constitutional system of government, they want a long-term solution, but this bill passes as is, will it be a tem- the rule of law. The rule of law means what we have before us is nothing but porary fix or something that we can be the government will follow the laws it a short-term bandaid. Really, what the proud of for generations to come? writes, and we expect the people to do bill does is clean the slate. It is my understanding that, so far, Those words ‘‘clean the slate’’ was a likewise. People need to be able to 449 amendments have been filed to this phrase that we used in 1986. That was trust their government and trust that underlying bill, including second-de- the goal, to clean the slate, and we the government will be fair. gree amendments. We started off the I empathize with people who come would start all over again. I referred debate on the Senate floor with my many times—it is probably sickening into this country to have a better life. amendment that would have required Who is going to blame them for doing to a lot of people in this body when I the border to be ‘‘effectively con- that? We would do anything to give our refer to the mistakes we made in 1986, trolled’’ for 6 months before the Sec- kids a better life. Some people see no not to repeat them. But here we are. retary could legalize people who are al- other choice but to cross the border We want to clean the slate again and ready present. We would call them, without papers to find work and sac- start over. The problem is, if we just do under this bill, registered provisional rifice everything they have to do it and the same thing we did in 1986, we will immigrants, and we referred to it as to take a chance that they are going to be back here in 25 years or less wanting RPI status. run up against the law and be deported. to do the same thing. Clearly, the other side was afraid of But they do it because they want a bet- So some Senators are going to say: In the amendment I offered because it ter life. That is very basic to the Amer- 2038, all we need to do is clean the would have fundamentally changed the ican way of life. It is a natural right of slate. Well, we said that in 1986. We did bill by requiring that the border be se- most people around the world, a nat- clean the slate. We are back here in cured before granting 11 million un- ural right that most of them are not 2013 cleaning the slate again. We documented workers a pathway to citi- able to bring to fruition. should have a long-term solution to zenship—but not, contrary to what the The American people happen to be these immigration issues. We should polls of the people of this country are very compassionate. I know they are pass true and meaningful reform; and telling us—they want security first, le- just trying to find a better opportunity in doing so, we should not be ignoring galization after security of the borders. and live the American dream, those the very principle on which our coun- They have already cooked the books on people who come here undocumented. try was founded, on the rule of law. this bill and don’t want to make funda- We are the best country in the world. We should not have to in any way be mental changes, regardless of whether We should be proud of it. We are an ex- apologetic for taking this position ei- they are good changes, because they ceptional nation. But we are a great ther. One would get the opinion by don’t want to upset their deal. They country because we have always abided hearing some speeches on the floor of have insisted on a 60-vote threshold for by the rule of law. The rule of law is the Senate that some people have more amendments to pass. what makes all opportunities we have respect for people who violated our law When my amendment was up, I re- possible. than they have respect for the rule of fused that 60-vote requirement and so In 1903, President Theodore Roosevelt law or people who have abided by the they tabled my amendment. This raises sent a message to the Congress, the law. We have people from all over the the question: What about the open and State of the Union Message. He talked world at our embassies, standing in fair process that we were promised? We about how man must be guaranteed his line for long periods of time to come to learned on day one of the immigration liberty and the right to work. But so this country legally. Those are the peo- debate that all of this talk about long as a man does not infringe upon ple whom we ought to be respecting. ‘‘making the bill better’’ was just plain the rights of others, he said this: I do not mean we disrespect people hogwash. It was all just a phony and No man is above the law and no man is who come here to work. But there is empty promise. below it, nor do we ask any man’s permission one thing: They did violate our laws to The sponsors would take the floor when we ask him to obey it. come here. We do not have to apologize and say they were ready to vote on Meaning the law. for not accepting the fact that it is OK amendments, but in reality they were Obedience to the law is demanded as a to violate the laws. So we should not afraid of any good change. They re- right, not as a favor. be apologetic for any position we take fused to let Members offer amendments

VerDate Mar 15 2010 00:44 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00012 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.017 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5115 of their own choosing. Instead, they maintain effective control of those ficking or a violent crime; No. 2, has wanted to pick what amendments high-risk sections for at least 6 months knowledge that the gang is continuing Members would offer. They want to de- before the Secretary may adjust the to commit crimes; and, No. 3, has acted cide who, what, when, and how it would status of the RPI applicants. in furtherance of gang activity. be disposed of. Of course, that is not Coburn amendment No. 1361 would Even if all of these provisions could right, that is not the open process that allow Customs and Border Protection be proven, under the bill the Secretary was promised. to enforce immigration laws on Fed- can still issue a waiver. As such, the In the last 2 weeks we have only de- eral lands. What is wrong with that proposed process is limited only to bated nine amendments on this bill. Of amendment, to enforce immigration criminal gang members with prior Fed- those amendments, the majority leader laws on Federal lands? eral drug trafficking and Federal vio- tabled three amendments on a rollcall Other amendments would beef up our lent crime convictions and does not in- vote. Of the nine, we adopted three interior enforcement, which we all clude State convictions such as rape amendments by a rollcall vote. We re- know is absolutely critical with re- and murder. jected three amendments by a rollcall spect to the success of our immigration The trick is while the bill wants you vote, and we adopted another three system. This is an area where the un- to believe that this is a strong provi- amendments by a voice vote. derlying bill doesn’t do enough. sion, foreign nationals who have Fed- I am sure everyone would agree that An excellent amendment we haven’t eral felony drug trafficking or violent debating 9 amendments out of 450 is had an opportunity to debate and vote crime convictions are already subject not a fair and open process. We have a on is Sessions amendment No. 1334. to deportation if they are already here lot more amendments that have been That amendment would give a number and denied entry as being inadmissible. filed and not considered. These amend- of tools to State and local governments The gang provisions, as written in ments would make this bill better. The to enforce the immigration laws, in- the bill, add nothing to current law and sponsors of the bill are arguing that be- cluding giving States and localities the will not be used. It is, at best, a feel- cause we had a process in the Judiciary ability to enact their own immigration good measure to say we are being Committee that I have applauded as laws, withholding specific grants from tough on criminal gangs while really fair and open, that means we don’t sanctuary cities that defy Federal im- doing nothing to remove or deny entry need such an open and fair process on migration enforcement efforts, facili- to criminal gang members. the floor of the Senate. tating and expediting the removal of It is easier to prove that someone is What does that say about the other criminal aliens, improving the visa a convicted drug trafficker than both a 82 Members of this body, that they issuance process, and, lastly, assisting drug trafficker and a gang member. As shouldn’t be allowed to offer amend- U.S. Immigration and Customs and En- currently written, why would this pro- ments? The problem is while the com- forcement officers in carrying out their vision ever be used and, simply put, it mittee process was open, many amend- jobs. wouldn’t be used. ments were defeated, and no amend- Another amendment is Wicker My amendment, No. 1299, would ments were offered that substantially amendment No. 1462, which would re- strike this do-nothing provision and changed the bill in committee. quire information sharing between issue a new, clear, simple standard to In order to address many issues with Federal and non-Federal agencies re- address the problem of gang members. this bill, we would like to vote on more garding removal of aliens, which would It would strike this do-nothing provi- amendments before the end of the allow for quick enforcement against in- sion and include a process to address week. I wish to discuss some of the dividuals who violate immigration criminal gang members where the Sec- amendments we would like to see de- laws. The Wicker amendment would retary of Homeland Security must bated and considered before this immi- also withhold certain Federal funding prove, No. 1, criminal street gang mem- gration debate comes to an end, so peo- from States and local governments bership; and, No. 2, that the person is a ple have a flavor of the kind of issues that prohibit their law enforcement of- danger to the community. we believe have not been fully vetted ficers from assisting or cooperating Once the Secretary proves these two on the floor of the Senate in this proc- with Federal immigration law enforce- things, the burden shifts to foreign na- ess that we were promised was going to ment. tionals to prove that either he is not be fair and open. Some of the amendments that we dangerous, not in a street gang, or he A number of amendments we would haven’t considered would ensure that did not know the group was a street like considered would strengthen provi- our criminal laws are not weakened by gang. It is straightforward and it will sions of the bill dealing with border se- the bill. I have an amendment, No. help remove dangerous criminal gang curity, something that the current bill 1299, that would address some of the members. fails to do in a satisfactory manner. As provisions in the underlying bill that My amendment also eliminates the everyone knows, this has been a seri- severely weaken our current criminal possibility of a waiver. Amendment No. ous deficiency in the immigration re- laws. 1299 should have a vote to make sure form bill, regardless of the fact that Isn’t that funny. We want to have a the bill doesn’t weaken our current the polls in this country say people better immigration bill, and we are law. want the border secured first and then going to weaken certain laws that are There are a number of other amend- legalization. This does it the opposite already on the books? ments that we would like to see consid- way: legalizes and then maybe the bor- Specifically, my amendment No. 1299 ered that would help ensure that indi- der will be secure. would address language in the bill that viduals comply with the immigration For example, Lee amendment No. creates a convoluted and ineffective law requirements and ensure that the 1207 would prohibit the Secretaries of process for determining whether a for- RPI process does not allow individuals the Interior and Agriculture from re- eign national in a street gang should be to game the system. stricting or prohibiting activities of deemed inadmissible or be deported. I For example, Rubio amendment No. the U.S. Customs and Border Protec- offered a similar amendment in com- 1225 would require RPI immigrants 16 tion on public lands and authorize Cus- mittee where even two Members of the years old or older to read, write, and toms and Border Protection access to Gang of 8 supported it. My amendment speak English. Federal lands to secure the border. would have closed a dangerous loophole Fischer amendment No. 1348 would Coats amendment No. 1442 would re- created by the bill that will allow also insert an English-language re- quire the Secretary of Homeland Secu- criminal gang members to gain a path quirement as a prerequisite to RPI sta- rity to certify that the Department of to citizenship. tus. Homeland Security has effective con- Specifically, in order to deny entry Cruz amendment No. 1295 would re- trol of high-risk border sections at the and remove a gang member, section quire States to require proof of citizen- southern border for 6 months before 3701 of the bill requires that the De- ship for registration to vote in Federal the Department can process RPI status partment of Homeland Security prove elections. applications. The Coats amendment a foreign national, No. 1, has a prior Hatch amendment No. 1536 would en- would also require the Secretary to Federal felony conviction for drug traf- sure that undocumented immigrants

VerDate Mar 15 2010 00:44 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00013 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.019 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5116 CONGRESSIONAL RECORD — SENATE June 25, 2013 actually pay their back taxes before confirmations we will address later and cautious and deliberate process led gaining legalization. today or within the next day or so. by Chairman LEAHY in the Judiciary Another amendment, Toomey amend- NOMINATIONS Committee, where abundant oppor- ment No. 1440, would increase the num- Penny Pritzker will truly be a great tunity was afforded to offer amend- ber of W nonimmigrant visas available Secretary of Commerce, in my view. ments and have them pass. In fact, a during each fiscal year and would help She has experience and acumen and number of my amendments adopted in improve the visa system. ability that will serve her well in build- the Judiciary Committee strengthen Other amendments that we should ing strong relationships in the Federal due process, fight human trafficking, debate and vote on would strengthen Government, but also strong partner- afford opportunities for people to seek our immigration system by making ships with the business community in release from solitary confinement, and sure that we don’t allow criminal im- promoting job creation and fostering protect American workers, and stand- migrants to stay in our country and be sustained economic growth. She has ards and compensation for American put on a path to American citizenship. been a strong leader not only in her workers, against unfair and illegal For example, Vitter amendment No. own business, but in her community, competition from other businesses and 1330 would make sure that undocu- and I look forward to working with her other workers based on substandard mented immigrants who have been con- as the Chair of the Subcommittee on conditions and exploitation of workers victed of crimes of domestic violence, Competitiveness, Innovation, and Ex- here. child abuse, and child neglect would be port Promotion in the Committee on Those kinds of amendments have im- inadmissible. Commerce, Science, and Transpor- proved on the very important work Inhofe amendment No. 1203, entitled tation where I serve. done by the Group of 8. I join in thank- ‘‘Keep Our Communities Safe Act,’’ Mayor Anthony Foxx, if he becomes ing them, the Group of 8, those eight would allow the Department of Home- Secretary of Transportation, likewise Senators who labored so long and land Security or a subsidiary agency to has a record of accomplishment as a helped to provide such a great model keep dangerous individuals in deten- local official, as a strong mayor, and I for us to move forward and improve tion until a final order of removal of look forward to working with him on further. that individual from the United States. investment in high-speed rail, dis- I believe this legislation can be im- Cornyn amendment No. 1470 would tracted and drunk driving, air safety, proved. Two amendments I have offered make sure undocumented immigrants rail safety, and all of the issues that would help improve it. The little who have committed an offense of do- are so important to the infrastructure DREAMers, who are too young to qual- mestic violence, child abuse, child ne- of our country and to the transpor- ify right now for the expedited path to glect, or assault resulting in bodily in- tation issues that will help promote citizenship that is provided the jury, violated a protective order or jobs and increase economic progress. DREAMers under S. 744, would be I will be submitting statements for committed a drunk-driving violation, helped by an amendment I have draft- the RECORD at greater length on these ed, with support from the great cham- would be ineligible for legalization. two nominees who I believe embody the Portman amendment No. 1389 would UR principle of excellence and dedication pion of the DREAM Act, Senator D - limit the discretion of immigration BIN in public service. , who deserves so much credit for judges and the Secretary of Homeland Madam President, we are reaching a spearheading this effort over so many Security with respect to the removal, fateful and extremely important mo- years. I have done this at the State deportation, and inadmissibility of un- ment in the history of our country level before coming here as a Senator, documented individuals who have com- when we have the great opportunity, when I was attorney general, but Sen- mitted crimes involving child abuse, the exciting and energizing prospect, of ator DURBIN has championed their child neglect, and other crimes of providing a path to earned citizenship cause year after year, Congress after moral turpitude concerning children. for 11 million of our fellow residents. Congress, and so I have joined him in Finally, Portman amendment No. They live alongside us, in our neighbor- supporting an amendment to this bill 1390 would ensure that undocumented hoods and communities, and they serve that would help those littlest of immigrants who have been convicted of on community boards and all kinds of DREAMers, too young now to qualify crimes of domestic violence, stalking, activities where they are indistinguish- for that expedited citizenship, and to and child abuse would be inadmissible. able from citizens except for the fact do so if they are in school or otherwise I have gone through a whole bunch of they are not citizens. There are 11 mil- satisfy the criteria the amendment amendments. These are all extremely lion people living in the shadows, in- would provide. important amendments that would en- cluding young people brought to this I also thank Senator MURKOWSKI for sure that the worst kinds of criminal country when they were infants or as cosponsoring this very bipartisan immigrants do not gain a path to citi- children, who know only English as a measure with me so that anyone left zenship. language, whose home is here, and who out of the DREAM Act because they I urge the majority to allow us to know only this country as their home, are too young would be covered. consider these and other amendments whose friends and life are here, their A second amendment I believe would that we would like to offer to improve schools, and even the military many of improve this bill would provide more the bill, instead of cutting us off and them serve. The DREAMers are among whistleblower protections for H–2B visa shutting off full and open debate of this those 11 million, and their parents and workers. They come to this country to very important issue—something that loved ones who came with them to this work here and they are dependent on we were told from day one, that we country. their employers to remain here. So, would have an open and fair process. We have this historic opportunity to naturally, if they are exploited, if ille- What we are doing, voting this provide them with a path to earned gal working conditions subject them to amendment to the House of Represent- citizenship. To earn citizenship they hazards, and if they provide the basis atives on Thursday and Friday, ends up are paying back taxes and penalties, for unfair competition because they are not being a fair and open process. learning English, if they do not know paid less than the minimum wage, they I yield the floor. it already, and meeting the other are fearful of retaliation when they The PRESIDING OFFICER. The Sen- strong standards and criteria this act make complaints because their em- ator from Connecticut. provides. Along with enhanced border ployer can discharge them and they are The PRESIDING OFFICER. The Sen- security and a crackdown on illegal then automatically deported. So this ator from Connecticut. employment, this act provides better whistleblower amendment would pro- Mr. BLUMENTHAL. Madam Presi- skilled people more opportunities to vide them with protection. This is es- dent, I rise to speak on the immigra- come to this country in a program I sential to making possible their redress tion bill, and I will do so, particularly have helped to lead on, as well as lower and remedy when they are victims of on the amendment process my friend skilled workers who want to fulfill the illegal violations. and colleague from Iowa has discussed, American dream. Both those amendments would im- but first let me say a few words about This legislation is about the Amer- prove this law. But I recognize this bill two of the President’s nominees whose ican dream, and it culminates a careful is a huge and historic step forward. It

VerDate Mar 15 2010 00:44 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00014 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.020 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5117 is imperfect, but I will not allow the The PRESIDING OFFICER. Without my children and my grandchildren— perfect to be the enemy of the good. I objection, it is so ordered. than I am about any political party’s will continue to fight for these amend- Mr. REID. I express my appreciation electoral prospects. ments, these improvements in this to the Senator for the courtesy. We are told that simply devoting law—enabling the little DREAMers to UNANIMOUS CONSENT AGREEMENT—EXECUTIVE tens of billions of dollars, with no plan, have those same opportunities as the CALENDAR will solve the problem. DREAMers who have been brought to Mr. REID. Madam President, I ask We have tried throwing big money at this country and now are here and can unanimous consent that notwith- big problems in the past. It didn’t work contribute so much to our Nation; and standing rule XXII, at 2:15 p.m. today, then, and it won’t work now. I will continue to fight for whistle- the Senate proceed to executive session Some have suggested there has been blower protections for all workers who to consider Calendar No. 180, under the plenty of time to read the revised bill. may be exploited if they are brought previous order. They argue there are only 119 pages of here under visa because whistleblowers The PRESIDING OFFICER. Without changes that have been added to the deserve that protection. They are pro- objection, it is so ordered. 1,200-page legislation before us. But tecting not just themselves when they Mr. REID. For the information of all those changes are spread across and complain, but all workers. But I will Senators, at 2:15 p.m., there will be 30 throughout the entire language of this vote for this measure even if there are minutes for debate followed by a vote bill. There have been little fixes here no more amendments because I believe on the confirmation of Penny Pritzker and there. But if you blink, you might this measure fulfills the American to be Secretary of Commerce. miss an important word that has been dream of opening this country—a Na- The PRESIDING OFFICER. The Sen- dropped or a clause that has been tion of immigrants—to others who ator from Nebraska. added, and the result is a lasting effect have the American dream and see this Mrs. FISCHER. Madam President, I for generations to come. country as a beacon of hope and oppor- rise today to express my deep dis- Some of these changes include spe- tunity. appointment with the current immi- cial carve-outs similar to the Anyone who doubts it should do what gration reform legislation and the ex- cornhusker kickback that helped bring I do regularly. Whenever I have the op- tremely limited opportunity for Sen- ObamaCare across the finish line. Ne- portunity on a Friday in Connecticut, I ators to amend this bill. Although I braskans know exactly what I am talk- go to our Federal courthouse and at- was not a Member of the Senate in ing about. These new carve-outs in- tend the naturalization ceremonies. 2009, I watched the debate on clude special treatment for the seafood People come there with tears in their ObamaCare closely. I was amazed the industry, special treatment for Holly- eyes, accompanied by their families, world’s greatest deliberative body wood, and extensions of the failed stim- neighbors, and loved ones to celebrate could vote on such a massive change to ulus program. one of the biggest moments in their Federal policy without having time to I am disappointed the majority lead- lives—becoming a citizen of the United read or adequately amend the bill. er has once again rushed a bill of this States of America. Many of them come Failure to fully comprehend the con- magnitude and impact. It is another after years of struggle to achieve that sequences—intended or otherwise—left artificial deadline imposed by the lead- status—physical struggle to reach our many Americans skeptical, and right- er, so members can make it back for shores, emotional separation from fully so. We were told the need to act some backyard barbecues. That is dis- their families abroad, and professional justified passage of this massive bill, appointing. hard work embodying the best about and we were admonished that we need- I don’t sit on the Judiciary Com- America. I thank them for becoming ed to pass the bill to find out what is in mittee. The only opportunity I and 82 U.S. citizens. I thank them for not tak- it. The American people were not other Members of the Senate have to ing for granted what all too many of us pitched sound policy, the American offer amendments to reform the flawed do—the great privilege and right of people were pitched sound bites. Public aspects of this bill is through floor de- being a citizen of the United States. polling suggests the American people bate. Yet we are being denied that op- Let us seize this moment as a Nation still haven’t bought it, and with good portunity by the majority leader. So of immigrants to open our doors once reason. far, we have only voted on nine amend- again, open our hearts to those 11 mil- A few years later, Americans are ments. Given the emotional, controver- lion people who want simply a path to starting to learn the devastating, real- sial, and complicated nature of this earned citizenship—a historic and rare life impact of the flawed health care issue, reforms are not made easily. We moment in our history where the policy, including the loss of current have a duty to make sure we get it American people have come together in benefits and the sticker shock of rising right and that we avoid the mistakes of a deep and enduring consensus that premiums. The litany of broken prom- the past. now is the time to strengthen border ises seems endless. Yet here we are I have always believed that before we security, as the amendment we are again, another dire problem in des- address any form of legislation that considering would do, to crack down on perate need of a solution, and this time deals with legalization for our undocu- illegal hiring, as this bill would do, and it is immigration. mented population, we must first fully to make possible for millions of Ameri- I agree, and Nebraskans agree, we secure the border. Without a fully se- cans what my father did, what others must address the problem of illegal im- cure border, the United States will find did, which is to become citizens of the migration. The status quo is unaccept- itself in the same dire straits down the greatest country in the history of the able. Our border remains dangerously road. Yet the amendment offered by world. insecure, and 11 million illegal immi- Senators SCHUMER, CORKER, and We owe it to ourselves, as well as to grants currently enjoy de facto am- HOEVEN falls short of this very nec- our children, to give them that oppor- nesty. essary goal. We need a proposal that tunity, and we owe our Nation the op- We are told there is only one solu- brings about verifiable, measurable re- portunity to benefit from their tion—rather, we are only allowed to sults along the southern border. strengths and talents and energy and, vote on one solution that has been I support a carefully crafted border yes, their dedication to the country agreed upon behind closed doors by the security plan that is strategy driven, that has given them this historic op- majority leader and a small group of cost effective, accountable, and respon- portunity. Senators. We are told we have no sive to the needs of law enforcement of- Madam President, I yield the floor. choice but to pass this bill. ficials, and those law enforcement offi- The PRESIDING OFFICER. The Sen- The pundits in Washington tell us cials have expressed concerns with the ator from Nebraska. the failure to pass comprehensive im- legislation before us. Mr. REID. Madam President, could I migration reform will leave the Repub- The attempt of the Schumer-Corker- ask the distinguished Senator to allow lican Party in an uncertain electoral Hoeven amendment to reach a com- me to offer a unanimous consent re- wilderness. Well, I, for one, am more promise on border security metrics has quest? concerned about the future of this Na- resulted in vague ineffective standards. Mrs. FISCHER. Of course. tion—the future America I will leave to The border security amendment I filed

VerDate Mar 15 2010 00:44 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00015 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.021 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5118 CONGRESSIONAL RECORD — SENATE June 25, 2013 would provide needed oversight to en- gangs to gain entry and the legal right I yield the floor. sure border security goals are being to remain in the country. The PRESIDING OFFICER. The Sen- achieved and maintained in a timely In a written statement, Immigration ator from Colorado. fashion. and Customs Enforcement council Mr. UDALL of Colorado. Madam The border security amendment I president Chris Crane stated: President, I ask unanimous consent to filed requires that the Secretary of The 1,200 page substitute bill before the speak for 10 minutes. Homeland Security and the Commis- Senate will provide instant legalization and The PRESIDING OFFICER. Without sioner of the Customs and Border Pa- a path to citizenship to gang members and objection, it is so ordered. trol submit a written certification that other dangerous criminal aliens, and hand- Mr. UDALL of Colorado. Madam all border goals have been met. The cuff ICE officers from enforcing immigration President, I rise again to talk about laws in the future. It provides no means of the critical importance of passing com- Homeland Security inspector general effectively enforcing visa overstays which must also sign off on certification. account for almost half of the nation’s ille- prehensive immigration reform such as And, finally, congressional approval gal immigration crisis. my good friend from Arizona Senator must be obtained. The list of problems goes on. MCCAIN has advocated. Importantly, the definition of oper- In short, this legislation and the When I look at my State, Coloradans ational control in my amendment Schumer-Corker-Hoeven amendment from all walks of life—business leaders, would maintain the current law’s defi- remains fatally flawed. The American religious leaders, our agricultural com- nition, rather than watering it down. people demand—and they deserve—bet- munity, and our civic leaders, regard- But my amendment hasn’t received a ter policy. less of political party—agree our immi- vote. I am committed to working on last- gration system is broken. Now we have The Schumer-Corker-Hoeven amend- ing solutions that will reform our im- run out of excuses to sit on our hands. ment also fails to require a biometric migration system once and for all. But I see this problem as an opportunity, entry and exit system at land, air, and let me be clear: I will not support legis- and I want to discuss why I see it as an sea ports. Instead, it simply provides a lation simply because it might be opportunity. basic electronic screening system—and vogue or politically expedient or could It has touched every corner of our so- only at sea and air ports, not land ingratiate me with the inside-the-Belt- ciety, and this call for action has be- ports of entry. way club. I vote for legislation if it is come too loud to ignore. But despite This is absolutely unacceptable—and sound policy, if it will improve the such widespread agreement on the need it is remarkably weaker than the bor- lives of hard-working taxpayers, and if to move forward, there remains a vocal der security provisions in the 2006 and it reflects the values of Nebraskans. minority in our Chamber—and across 2007 comprehensive immigration bills, This legislation has a long way to go. the country—concerned about the con- which required implementation of a bi- Mr. MCCAIN. Will the Senator yield sequences of reform. ometric entry-exit system. for a question? There is a worry, and that worry that The border security amendment I Mrs. FISCHER. Yes, I will. persists is that immigrants will some- filed implements a biometric entry- Mr. MCCAIN. Has the Senator ever how steal the American opportunity, exit system at all points and ports of been to the Arizona-Mexico border? that immigrants will take our tax dol- entry. But my amendment hasn’t re- Mrs. FISCHER. I have been, at the lars and take our jobs. But let me say ceived a vote. Texas border. this. All of us here in the Senate agree Border security is a question of na- Mr. MCCAIN. May I ask when that strongly we should not be writing pol- tional security. It is not a position was? icy in Washington that would endanger that can be watered down or com- Mrs. FISCHER. That was in the early American jobs, and I want to speak to promised. The Schumer-Corker-Hoeven 2000s. that. amendment does just that. Mr. MCCAIN. In the early 2000s. I Ever since the economic downturn, We also need to make sure we are would say to the Senator from Ne- Coloradans who have been fortunate being fiscally responsible. Last time I braska, she is so ill-informed from the enough to keep their jobs or recently checked, we are still $17 trillion in statement I just heard. I don’t know find employment as we dig out of reces- debt. Yet this amendment throws $46.3 where to begin, except to say that if sion are holding on tightly to those op- billion at border security with no plan she doesn’t think this legislation se- portunities. from the Department of Homeland Se- cures the border, she hasn’t spent any Coloradans who have been laid off or curity detailing how that money is time on the border—certainly not who have lived through the bitter des- going to be used. There is no clear jus- meaningful time. And I can’t express peration of extended unemployment tification for the amount detailed in my disappointment in the series of look with increasing concern at any- this request. There is absolutely no false statements the Senator just thing that might stand between them strategy driving this funding request. made. and opportunity. There is also not nearly enough ac- Mrs. FISCHER. Madam President, I In the context of these worries, some countability. The reporting require- would say I believe my statement is people look at employed immigrants ments to Congress are toothless. I re- correct. It reflects the values of my and see only unemployed Americans. ject—and I suspect Nebraskans reject— State, it reflects the values of Ameri- To see things in that light misunder- the idea that massive amounts of cans, and it truly reflects their con- stands this legislation as well as our spending alone are the solution to our cerns with this piece of legislation that roots as a country and our long tradi- border security problem. is before us now. tion of opportunity. In addition to the lack of strategy Mr. MCCAIN. Madam President, I This bill—the idea of fixing our bro- behind the funding, I am concerned would welcome the Senator from Ne- ken immigration system and providing this legislation provides legalization braska to come to the border and see millions of Americans a pathway to first and border security second. Spe- what has been done and what can be citizenship, which is earned—is not a cifically, this legislation creates a done with the use of technology. And zero-sum game. In fact, it is built off of loophole allowing certain people who to somehow believe our border cannot one of the reasons our Nation is so ex- have overstayed their nonimmigrant be secured by this legislation argues ceptional: The broad spirit that any visas to obtain a green card without re- strenuously for a visit, and I invite the man or woman can pull themselves up turning home. The Schumer-Corker- Senator. I would be glad to join her at from the most challenging cir- Hoeven amendment also creates a num- any time. cumstances and succeed. ber of loopholes for criminal aliens to The PRESIDING OFFICER. The Sen- This bill is carefully crafted and bal- remain in our country. ator from Nebraska. anced. It will extend the American Under their proposal the Secretary of Mrs. FISCHER. Madam President, I dream to millions now living in the Homeland Security has broad author- thank my distinguished colleague and shadows. Important for Coloradans, ity to waive deportations for certain friend, Senator MCCAIN from Arizona, this legislation creates certainty for criminal activity. For example, it and I look forward to accepting his in- businesses and residents already le- would allow many members of criminal vitation to visit his fine State. gally here today. This is exactly the

VerDate Mar 15 2010 00:44 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00016 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.025 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5119 sort of certainty our labor markets Let me share a couple numbers with Where are Oscar and his brothers need. everybody. Between 1990 and 2005, im- right now? They are in college pur- It is true—maybe except for the great migrants started 25 percent of the suing degrees in engineering and psy- State of North Dakota—that we have highest growth companies in this coun- chology. Let’s design a commonsense made steady progress, but overall un- try, directly employing over 200,000 policy that will allow them to work employment remains too high. We all people. Since 2007, immigrant-founded after they graduate. Let’s give Oscar, want to be similar to North Dakota, small businesses have provided employ- and the millions like him, the oppor- with a very low unemployment rate. ment for 4.7 million people and gen- tunity to come out of the shadows and Our economy—the American econ- erated almost $800 billion in revenue. become the next generation of Amer- omy—continues to grow, with Colorado Big-time American companies, such ican leaders, innovators, and job cre- growing at the fourth fastest rate in as Intel, Google, eBay, and Sun Micro- ators. the Nation. In doing so, many of our systems, were all created by immi- This week we are faced with a choice: business sectors, economic sectors, and grants—companies that helped to form We can put into place a bill that was industries are experiencing higher the very roots of our thriving tech in- negotiated by Members of both sides of labor demand than there is available dustry. the aisle, one that takes historic and domestic supply. I wish to take a minute to thank the far-reaching steps to secure our borders Taking agriculture, for example, Gang of 8 specifically for their efforts and provides a tough but fair pathway which is important to the Presiding Of- to include a section in the bill that cre- to legal status and an exit from the ficer’s State as well, the demand for ates the INVEST Program, which fo- shadows for those who are here ille- labor on farms and ranches across the cuses on incentivizing entrepreneurs, gally. This bill will help crack down on Nation far exceeds the supply of Ameri- such as the founders of these iconic employer exploitation and help give cans who are willing to fill those jobs. companies, to come to the United American businesses the secure and That labor shortage has resulted in States. This program, which draws on stable workforce they deserve. The crops left to rot in the fields and, the bipartisan Startup Visa Act I in- other option would be to try and delay therefore, unacceptable economic troduced with Senator FLAKE—and in- this bill and continue on with a broken losses to our communities. cludes the work of Senators MORAN, system that continually undermines Farmers and ranchers tell me that WARNER, and others—will ensure that our economy by keeping millions in today they are often left to hire un- the next generation of entrepreneurs the shadows. We could keep the system documented workers to fill this labor and job creators can stay in the United that denies the best and the brightest a gap. This unregulated, under-the-table States and create good American jobs. viable path to citizenship and instead hiring hurts immigrants who experi- Last week, after listening to advocates, would encourage them to create jobs ence frequent exploitation, constant Senator WARNER and I filed an amend- abroad for our global competitors such fear, and often debilitating poverty. It ment that we think will bolster these as China and India. also hurts Americans who experience provisions even further, and we cer- Let’s not deny Oscar and his brothers depressed wages and higher unemploy- tainly hope our colleagues will think it the opportunity to come out of the ment as a result of competition with is a good enough idea to include in the shadows and be the next generation of this cheap underground workforce. final legislation. American workers. Let’s continue to That doesn’t make sense. Programs in the underlying bill, such work on amendments, and let’s pass This immigration reform bill elimi- as INVEST, will help supercharge our this comprehensive immigration re- nates this unfair competition and en- economy by helping to create thou- form bill this week. sures that all Americans receive fair sands of jobs over the next decade. I thank the Presiding Officer for her wages. Ralph Waldo Emerson once said: patience, for her forbearance. Our current labor supply challenges ‘‘America is another word for oppor- I yield the floor. extend to many other sectors as well. tunity.’’ We take pride in our rich his- f Jobs in science, technology, engineer- tory of being a country where the key ing, and math are growing at three to earning a valued place in society is RECESS times the rate of other jobs in the through ability and determination, The PRESIDING OFFICER. Under United States. With that in mind, and where immigrants from all over the the previous order, the Senate stands in spite of high levels of unemploy- world—alongside third-and fourth-gen- in recess until 2:15 p.m. ment, nearly 100,000 valuable Amer- eration Americans—can earn an honest Thereupon, the Senate, at 12:54 p.m., ican-based positions in critical high- living or start a business. It is incum- recessed until 2:15 p.m., and reassem- tech firms, such as IBM, Microsoft, and bent on us, as Members of Congress, to bled when called to order by the Pre- Intel, have been left unfilled. By 2018, actively ensure that America remains siding Officer (Ms. BALDWIN). estimates are that this number will in- the land of opportunity. f crease to 230,000. As the Presiding Officer knows, that This bill, which we are so close to starts with our children, including un- EXECUTIVE SESSION getting across the finish line, focuses documented children, our DREAMers, heavily on breaking down barriers in who know of no other place but here as NOMINATION OF PENNY PRITZKER our current immigration and visa sys- their home. tem to help fill this staggering labor I wish to close by talking about a TO BE SECRETARY OF COMMERCE gap and spur our economy in the proc- DREAMer. His name is Oscar. I wish to The PRESIDING OFFICER. Under ess. The more flexible market-based make the case for Oscar and his family. the previous order, the Senate will pro- system for visas included in this bill Oscar and his brothers, Juan and ceed to executive session to consider will ensure our immigration system Hugo, are the children of parents who the following nomination which the only brings workers businesses need. illegally immigrated into the United clerk will report. Moreover, this bill will ensure that States and brought their kids with The legislative clerk read the nomi- Americans get a first pass at jobs be- them. They now live in my State of nation of Penny Pritzker, of Illinois, to fore foreign workers are eligible to fill Colorado. Throughout their entire be Secretary of Commerce. them. That is an important element, lives, they lived in fear of the black The PRESIDING OFFICER. Under one that Coloradans have told me they cloud of deportation that has hung the previous order, there is 30 minutes demand. over them. of debate equally divided in the usual But it is not only about ensuring I had the pleasure of meeting Oscar form. that the bill before us doesn’t displace here in Washington a couple of months The Senator from Illinois. current U.S. citizens, I would point out ago. He had a very simple request for a Mr. DURBIN. Madam President, for to my friends who are skeptical of this kid who grew up in the United States. those who are following the debate of effort that immigrants in this country He wanted the opportunity for himself the Senate, we are in the midst of the also have an incredible and phe- and his brothers to come out of the debate on the immigration reform bill, nomenal history of creating jobs. shadows and become someone. expecting votes on amendments this

VerDate Mar 15 2010 00:44 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00017 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.033 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5120 CONGRESSIONAL RECORD — SENATE June 25, 2013 week, and then final passage. It is a Although we are on the right track, nal problems. He now hosts an annual historic and important measure. We too many businesses in America are charity golf tournament called ‘‘A Day have interrupted it briefly to consider still struggling to survive. Expanding with Duke.’’ a nomination that is important as well. the new markets is one way to help Anyway, after playing golf for Hen- It is the nomination by President American business and our economy. derson State University—and might I Obama of Penny Pritzker of Chicago to We need a Secretary of Commerce who say, Go Reddies—he turned profes- be the next Secretary of Commerce in will not only help small businesses sional. As do many professional golfers, the President’s Cabinet. grow and create jobs but also open op- he had his good days and bad days, his I know Penny and I know her family portunities for businesses to expand ups and downs. It is a tough life. He has and I know the reputation they enjoy their products and services across the been out there plugging away week in in Chicago, in Illinois, and around the States, the country, and the globe. and week out. But this past Sunday world. She is an extraordinary person. Penny Pritzker called me a couple of Ken had one of his best days of golf he The Pritzker family has been success- weeks ago and urged me, if possible, to has ever had in his career. At the Trav- ful in business for many decades and do everything I could to try to get her elers Championship in Cromwell, CT, many generations. She stepped up nomination moving before July. I Duke faced a tense playoff with Chris years ago and told her father she want- talked to Senator REID, who was fully Stroud. After Stroud had chipped in on ed to play a role in business leadership. supportive of the President’s nominee. the 18th hole, the men were neck and There weren’t that many women in- The reason she is anxious to do that is neck, both at 12 under par. But Ken volved in business leadership at that because important trade discussions pushed ahead, making a 21⁄2 foot birdie time, but her father said he would give are going to begin after the 1st of July putt on the second playoff hole to her an opportunity, and he did. She be- with some of the leading economic clinch his first PGA tour victory. This came very successful with the corpora- powers around the world. She wanted was not only a great shot and a great tion, with the family businesses, and to be at that table. It is important for round of golf, but it is also a great has made a name for herself over the America that she is. American story. years. Penny knows what it takes to make Arkansas is very proud of Ken, and Penny has decades of business, entre- business work. She knows the tools we hope there are many wins in his fu- preneurial, and, equally important for businesses need. What is more, she ture. I wanted to say ‘‘congratula- this job, civic experience. Despite her knows economic development at all tions.’’ success in the private sector, Penny levels. Madam President, I yield the floor Pritzker and her family have given un- Colleagues from both sides of the and suggest the absence of a quorum. sparingly of their own time to help aisle agree we need job creation. Penny The PRESIDING OFFICER. The many important causes. She under- Pritzker has a proven track record in clerk will call the roll. stands business and economic develop- promoting jobs and growth, and her The legislative clerk proceeded to ment, but she also understands the re- leadership will help our country. Her call the roll. ality of the challenges many families decades of experience will serve her The PRESIDING OFFICER. The Sen- face across our country. well. Ms. Pritzker’s wide-ranging per- ator from West Virginia. We know the jobs report from earlier spective will prove worthwhile to the Mr. ROCKEFELLER. Madam Presi- this month showed we had 6.9 million future of our Nation as we compete in dent, I ask unanimous consent that the jobs created over 39 consecutive the global marketplace. order for the quorum call be rescinded. months of private sector job growth. I urge my colleagues to support Ms. The PRESIDING OFFICER. Without That is progress. We have come a long Penny Pritzker’s nomination, and I objection, it is so ordered. way. But let’s make no mistake, fami- look forward to working with her as Mr. ROCKEFELLER. Madam Presi- lies are still struggling to find work she is hopefully going to be the next dent, I have the honor to chair the and many who are working are strug- Secretary of Commerce under the Commerce Committee and thus have gling paycheck to paycheck to survive. Obama administration. enormous interest in who our next Penny Pritzker will bring considerable Madam President, I yield the floor. Commerce Secretary is going to be. I experience to the Department of Com- The PRESIDING OFFICER. The Sen- don’t think the President could have merce to help us create new businesses ator from Arkansas. picked anybody better. and job opportunities in America. Mr. PRYOR. Madam President, I also I have known Penny Pritzker for 30 Penny understands what it takes to rise in support of Penny Pritzker for years. I have Chicago relations in my build a business from scratch. She has Secretary of Commerce. I think she family too. She is a force of nature. done it five different times with start- will do an excellent job. That is the thing I want people to un- up businesses. She has created jobs I ask unanimous consent to speak as derstand: She is a force of nature. Yes, that support families and communities in morning business for 3 or 4 minutes. she is wealthy. Yes, she is experienced across America. The PRESIDING OFFICER. Without in business. Yes, she is experienced in More than creating jobs, she has objection, it is so ordered. public service. She is a tiger of energy helped countless people get the edu- HONORING KEN DUKE and purpose. cation they need to connect them with Mr. PRYOR. Madam President, I rise The Department of Commerce is job opportunities. today to honor Ken Duke of Hope, AR. probably the most complicated—I don’t She leads Skills for America’s Fu- Ken is an incredible athlete who has a know compared to DOD, but I think it ture, a national program bringing to- great story and is actually here with us is the most complicated non-DOD agen- gether businesses, community colleges, today. cy. We have oceans, spectrum, avia- and others, preparing workers for good- Years ago, as a teenager, Ken was di- tion, trains. There are a thousand dif- paying 21st century jobs. agnosed with scoliosis and he was ferent areas, including all the oceans. In addition to education, Penny forced for years to wear a back brace. It takes a real leader and it takes a Pritzker is an ardent supporter of the There were times when he had to wear tough person. We haven’t had a tough arts, which supports economic develop- that back brace for 23 hours a day. He enough person for a while. We had one, ment and tourism across the Nation. underwent surgery and numerous but then because of health reasons that She is a member of the American Acad- treatments. Eventually they put a person had to resign. emy of the Arts and Sciences and a metal rod in his spine and the rod is I cannot imagine a better—and I trustee of the Kennedy Center. still there today. don’t say these things often about There is no question that our econ- Despite all of those tough cir- nominees—I cannot imagine a more omy is headed in the right direction. cumstances, he persevered. He went on perfect person to run the Department The question is: Who will pursue to- to win his high school district golf of Commerce than Penny Pritzker. I day’s efforts to continue that growth tournament. He was wearing the back hope my colleagues will vote for her and lead us to future success? Who will brace, no less. overwhelmingly. continue efforts to help American busi- In recent years, Ken became a strong I thank the Chair and yield the floor, nesses in the global marketplace? advocate for those suffering from spi- and note the absence of a quorum.

VerDate Mar 15 2010 00:44 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00018 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.035 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5121 The PRESIDING OFFICER. The America’s neediest people and under- and provide hundreds of millions of dol- clerk will call the roll. served communities. I have supported lars directly to the States for this crit- The legislative clerk proceeded to this program for many years and am ical education and training. That is in call the roll. very grateful that the Gang of 8 offered the bill now. Mr. HATCH. Madam President, I ask to include it in the bill at my request. I am particularly pleased that the unanimous consent that the order for In addition, I commend the Judiciary Judiciary Committee adopted a pack- the quorum call be rescinded. Committee chairman, Senator LEAHY, age of my amendments establishing a The PRESIDING OFFICER. Without for conducting an open, fair, and thor- coherent and constructive approach to objection, it is so ordered. ough markup of S. 744. Thankfully, this high-skilled immigration. These provi- IMMIGRATION REFORM bill—unlike the bill in 2007—is being sions will ensure that the H–1B and L– Mr. HATCH. Madam President, I rise handled through regular order. 1 visa categories actually work for a today to speak once again on the immi- During the committee’s consider- change. I especially want to thank Sen- gration bill before us. ation of S. 744, I filed 24 amendments, ators SCHUMER and DURBIN for their Before there was a Judiciary Com- 20 of them within Judiciary Committee genuine willingness to compromise be- mittee markup, before there was an jurisdiction. I am proud of the fact cause these complex issues require a immigration bill, and before there was that 15 of those 20 amendments were delicate balance of interests. even a Gang of 8, most Senators had made part of the legislation that is be- This is the path I have pursued so far. three basic beliefs: The immigration fore us now. I do not think ‘‘proud’’ is From the outset of this process, I have system is broken, fixing it will be nei- the word; I am pleased rather than made it clear that there are issues with ther simple nor easy, and it absolutely proud. this bill under the jurisdiction of the needs to be done. For example, the committee adopted Finance Committee. As the ranking I share those beliefs. I also rely on by voice vote my amendment estab- member of the Finance Committee, I two sets of experience. lishing strong penalties for cultivating have been working in good faith to en- I served in this body and on the Judi- marijuana on Federal lands. Mexican sure that those matters are addressed ciary Committee during the 99th Con- drug cartels are driving the expansion in a responsible and productive way. gress when we considered the Immigra- of this plague, using chemicals and di- Toward that end, I filed amendments tion Reform and Control Act of 1986, verting water sources that also harm both in committee and on the Senate commonly called the Simpson-Mazzoli the environment. My amendment will floor and have been working with my bill, and during the 110th Congress reduce the illegal drugs that enter the colleagues to get them included. when we considered the Comprehensive market and protect America’s natural These are important issues that sim- Immigration Reform Act of 2007. resources at the same time. ply cannot be overlooked. For example, I voted against both of them. I op- The committee also adopted my there was the issue of whether immi- posed the 1986 legislation because it amendment to establish a mandatory grants receiving a change in status was self-proclaimed amnesty. I opposed biometric exit system at the 10 busiest would be allowed to receive welfare the 2007 legislation because it had been international airports. Preventing indi- benefits. Under a longstanding provi- developed outside of the Judiciary viduals from entering the country ille- sion of Federal law, noncitizens, in- Committee. gally is only one side of the coin; the cluding legal immigrants, are not eligi- My participation in the current im- other side, of course, is preventing in- ble for Federal cash welfare benefits migration reform effort has been in- dividuals from overstaying their visas. for their first 5 years in the country. formed by those beliefs and those expe- We know if that works in those air- While S. 744 preserved that 5-year riences. We simply must fix our broken ports, we then will be encouraged to ban for RPIs, I know the Obama admin- immigration system, but in doing so expand that in many other ways. istration believes it has the authority we must not repeat either the sub- Nearly half of those who are cur- to permit States to spend Federal wel- stantive errors from 1986 or the proce- rently here illegally came into the fare dollars on cash benefits to pre- dural errors from 2007. country legally but did not leave when viously prohibited individuals. In order As we all know, most of the media they were supposed to. My amendment to prevent this or future administra- and political attention has focused on tackles part of that equation. tions from contravening Federal wel- the border security and legalization I do want to respond to what some of fare law, we needed to clarify that the parts of this bill. But there is much my colleagues have said about this new Secretary of Health and Human Serv- more to it than that. biometric system. Some have claimed ices cannot permit Federal welfare dol- I initially focused on two areas. that my amendment dials back current lars from being spent on noncitizens. First, working with Senators RUBIO, law. That is a system I am not willing to COONS, and KLOBUCHAR, I focused on in- Let me be clear: I fully support the support, and I am pleased they accept- creasing opportunities for high-skilled biometric exit system provided for ed my amendment in solving that prob- immigrants. The bill we introduced, under current law. Sadly, it has not lem. the I-Squared bill, now has 28 bipar- been properly implemented. Today I am pleased to report that we tisan cosponsors. What good is it if legislation simply have successfully negotiated provisions Second, working with Senators remains on paper? Do the critics of my that will prevent the administration RUBIO, FEINSTEIN, and BENNET, I fo- amendment prefer the status quo, from waiving the 5-year ban on welfare cused on developing the guest worker which has accomplished absolutely benefits as well as prohibiting the Sec- program that will be so important for nothing? retary from permitting this type of the agricultural sector of our economy. My amendment will actually deploy spending. They have been included as Those discussions were led by Senator a real biometric exit system—some- part of the compromise package we FEINSTEIN, and there is no question I thing that current law has failed to do. will be voting on later this week. played a significant role in those. This And, by the way, it is fully paid for. Another problem with the original program is the product of true com- Trust me. This is more than just a bill was that it did not adequately ad- promise between farm workers and figleaf. The Judiciary Committee also dress Social Security. Specifically, the growers. I had real questions whether adopted—once again by voice vote—my bill did not state how periods of unau- that could be done, but it was. I was amendment to improve education and thorized employment would be treated glad to see it included as part of the training in the fields of science, tech- in the calculation of Social Security Gang of 8 original bill. nology, engineering, and math, or the benefits. Another important provision that STEM fields. Once again, I have worked with my was made part of the original bill was While foreign high-skilled workers colleagues to reach an agreement on a my proposal for permanently extending play an important part in our econ- provision that says that periods of un- a visa program for religious workers. omy, we need to invest more in devel- authorized earnings do not count to- This provision will provide up to 5,000 oping the American workforce, espe- ward determining Social Security ben- visas for foreign nationals to work cially the next generation. I look for- efits. The provision will, among other with religious organizations that help ward to seeing the STEM account grow things, prevent people who did not

VerDate Mar 15 2010 01:10 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00019 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.037 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5122 CONGRESSIONAL RECORD — SENATE June 25, 2013 have authorization to work in this tion system is broken and that reform Tester Udall (NM) Wicker Thune Vitter Wyden country from going back and retro- is absolutely necessary. As I see it, the Toomey Warner actively claiming unauthorized periods only way we can reach that goal is to Udall (CO) Warren of work in which they used made-up or allow the process to move forward. NAYS—1 stolen Social Security numbers. Once again, I would like to commend This is a necessary step that will my colleagues for their work on this Sanders help to preserve the integrity of our legislation thus far. I hope they will NOT VOTING—2 Social Security system. As with the keep an open mind on future changes Lee Whitehouse provision on welfare benefits, this pro- as well. While the final product is far The nomination was confirmed. vision is part of the Leahy compromise from perfect, I believe we are on a path The PRESIDING OFFICER (Mr. amendment. to reaching a reasonable solution to MANCHIN). Under the previous order, According to the Congressional Budg- the problems that continue to plague the motion to reconsider is considered et Office and the Joint Committee on our Nation’s immigration system. made and laid upon the table, and the Taxation, this provision will result in I look forward to working with my President will be immediately notified lower spending for Social Security and colleagues on both sides of the aisle of the Senate’s action. Medicare. and on both sides of the Capitol to While I am pleased that we have been move this process forward toward a f able to reach agreement on these im- successful conclusion. LEGISLATIVE SESSION portant issues, there are other Finance Madam President, I yield the floor. Committee issues that have not been In fact, I suggest the absence of a The PRESIDING OFFICER. The Sen- addressed. There is the issue of when quorum. ate will resume legislative session. those on the RPI or blue card pathways The PRESIDING OFFICER. The The Senator from Minnesota. will be eligible for tax credits and clerk will call the roll. f health insurance premium subsidies The legislative clerk proceeded to under the Affordable Care Act. I filed call the roll. BORDER SECURITY, ECONOMIC OP- an amendment that would have placed Mr. REID. Madam President, I ask PORTUNITY, AND IMMIGRATION those subsidies in the same category as unanimous consent that the order for MODERNIZATION ACT—Continued other Federal means-tested programs, the quorum call be rescinded. Ms. KLOBUCHAR. It was a clear, which, of course, includes a 5-year The PRESIDING OFFICER. Without waiting period once an immigrant at- good vote for our new Commerce Sec- objection, it is so ordered. retary. We are very excited about that tains the status of a lawful permanent The question is, Will the Senate ad- resident. vote, 97 to 1. I am going to speak to vise and consent to the nomination of that, but before I do, I yield to my col- There is also the issue of back taxes. Penny Pritzker, of Illinois, to be Sec- I filed an amendment that would have league from the State of Louisiana, retary of Commerce? Senator LANDRIEU, for 2 minutes. required all RPI applicants to pay their Mr. REID. Madam President, I ask back taxes as a condition of receiving a Ms. LANDRIEU. Mr. President, I will for the yeas and nays. speak as in morning business for up to change in status. The PRESIDING OFFICER. Is there a Neither of these two issues is ade- 2 or 3 minutes. I just wish to take a sufficient second? quately addressed by the current point of personal privilege. There is a sufficient second. version of the legislation. In my view, As we get to the end of this immigra- The clerk will call the roll. these are serious problems that will tion debate and hopefully have a final The legislative clerk called the roll. need to be fixed before the bill is suit- vote on this bill sometime this week, it able for the President’s signature. Mr. DURBIN. I announce that the is a very important issue for our coun- On top of that, there is still the issue Senator from Rhode Island (Mr. WHITE- try, and there have been any number of of border security. While the com- HOUSE) is necessarily absent. Senators who have been involved in promise legislation we will be voting Mr. CORNYN. The following Senator trying to negotiate a very complex and on this week significantly improves is necessarily absent: the Senator from tough bill. The Gang of 8 has done a upon the original draft of this bill, I be- Utah (Mr. LEE). terrific job, in my view, of managing lieve we can and should do more. The PRESIDING OFFICER. Are there lots of very controversial aspects to So as you see, Madam President, any other Senators in the Chamber de- this bill. But a group of us, not con- there is still a number of issues that siring to vote? nected directly to the Gang of 8, have need to be resolved. However, as I have The result was announced—yeas 97, been working on a group of amend- said all along, this is a process. Report- nays 1, as follows: ments that are not central to the bill ing the bill out of the Judiciary Com- [Rollcall Vote No. 161 Ex.] or rather potentially—potentially, let mittee was one step in that process, YEAS—97 me say—noncontroversial. We have and passing the bill on the Senate floor Alexander Donnelly Levin been working with Republicans and is another step—a first step. Ayotte Durbin Manchin Democrats parallel to the Gang of 8. I I do not think anyone should be Baldwin Enzi McCain only ask the leadership on both sides, Barrasso Feinstein McCaskill under any illusions that when the Sen- Baucus Fischer McConnell the Republican leadership, the Demo- ate completes its work on the legisla- Begich Flake Menendez cratic leadership, to please look at the tion this week, the process is finished. Bennet Franken Merkley list that has been submitted for the Blumenthal Gillibrand Mikulski record not once, not twice, not three The House of Representatives is work- Blunt Graham Moran ing on its own bill with an entirely dif- Boozman Grassley Murkowski times but five times—a list that has ferent approach. I have already begun Boxer Hagan Murphy been well circulated—and if there are reaching out to my House colleagues to Brown Harkin Murray any objections to the specific ideas in Burr Hatch Nelson help address these issues that I believe Cantwell Heinrich Paul the bill—not objections to the amend- are important, particularly those that Cardin Heitkamp Portman ments but specific objections to the fall under the jurisdiction of the Sen- Carper Heller Pryor ideas of the amendments, the sub- Casey Hirono Reed stance of the amendments—please talk ate Finance Committee. Chambliss Hoeven Reid I hope the House will work to address Chiesa Inhofe Risch with me and I will be happy to do ev- what I see as significant shortcomings Coats Isakson Roberts erything I can to resolve any concerns. in the Senate bill, and I will work hard Coburn Johanns Rockefeller As the Senator from Arizona knows Cochran Johnson (SD) Rubio to ensure that those issues are resolved Collins Johnson (WI) Schatz so well—he has been in the middle of should the bill go to conference. Coons Kaine Schumer this debate for a long time now—there With that in mind, I plan to vote in Corker King Scott have been hundreds of amendments of- favor of S. 744 later this week. As I said Cornyn Kirk Sessions fered in the Judiciary Committee and Cowan Klobuchar Shaheen before, I share the belief of most of my Crapo Landrieu Shelby voted on and there are over 250 amend- colleagues that the current immigra- Cruz Leahy Stabenow ments pending on the floor, some of

VerDate Mar 15 2010 03:08 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00020 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.039 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5123 which are extremely controversial. The Ms. LANDRIEU. I will yield to the Commerce Secretary can actually be Republicans would like to vote on some Senator. an advocate for business today and for of those, there are others the Demo- The PRESIDING OFFICER. The Sen- jobs today. crats want to vote on, and I am fine to ator from New York. I think one thing long overdue is vote on all of them or none of them. I Mr. SCHUMER. I thank the Senator looking at our top exporting industries will stay here all night and vote on from Louisiana, as Senator MCCAIN in America—whether it is farm ma- them. I don’t have a dog in that hunt. said, for her continued patience. I chinery, agriculture, movies, all of our What I have is a relatively small group think what she proposes makes a great top exporting industries, medical de- of amendments that Republicans and deal of sense. There are a whole lot of vices—and seeing what we can do to Democrats who are not in the Gang of amendments—and we did this in com- help them expand in our country, not 8 have voted on or have been talking mittee under Senator LEAHY’s leader- in other countries, so they are export- about and working on that, to our ship—that are not controversial and we ing to the world. knowledge—and our knowledge may could vote for. My only question is, I My State has been built on exports not be complete—have no voiced oppo- take it the Senator assumes, once they over the last few years. We have an un- sition against them, and we are hoping are cleared, they would be voted en employment rate of 5.3 percent. Cer- that whatever agreement is reached, bloc. tainly, the growth is due in part to the this list of noncontroversial amend- Ms. LANDRIEU. Correct, by voice. fact we have recovered now 93 percent ments would at least be given a chance Mr. SCHUMER. OK. I think this of the jobs lost in the downturn in our for a voice vote in global. We don’t makes sense. We are working on the State, but it is a lot about exports and need individual votes. We don’t need a ones that require votes. We should be it is also a lot about tourism, some- record vote. We just would like to have working simultaneously on the ones thing with which Ms. Pritzker is well our voices heard. that are noncontroversial, and let us acquainted. I think this is literally the I see the Senator from Arizona, and I hope we can come to some agreement low-hanging fruit when it comes to ex- don’t know if he wants to respond to so we can all vote on this bill and move ports. We lost 16 percent in inter- this, but I am happy if he wants to ask on to other business. national tourism since 9/11, and every me a question or two. I yield the floor. point we add back is 161,000 jobs— The PRESIDING OFFICER. The Sen- Ms. LANDRIEU. I yield the floor. 161,000 jobs—right in this country. ator from Arizona. The PRESIDING OFFICER. The Sen- We are starting to do that now. We Mr. MCCAIN. Again, I can’t speak for ator from Minnesota. are starting to do that now because we Senator GRASSLEY, who is managing Ms. KLOBUCHAR. Mr. President, I are finally advertising our country the bill in an outstanding fashion, but first wish to thank the Gang of 8 and under Brand USA, something the De- I would like to point out, in conversa- our Judiciary Committee for their partment of Commerce is greatly in- tions I have had with Senator GRASS- work. As was discussed in the last few volved in overseas, but also because we LEY, these amendments are in process, minutes, there has been an incredible are speeding up the wait time for visas, and as the Senator mentioned, there amount of patience and hard work that something the State Department and are a number of them being cleared. In has gone into this bill, and I am very the Commerce Department have other words, rather than just being hopeful we will be able to work out the worked jointly on. judged noncontroversial, which I cer- remaining issues and amendments. I Every visa we get down to 2 to 3 days tainly accept the word of the Senator think the strong vote yesterday for a tourist visa means someone will from Louisiana, we need to clear them showed an incredible sense of momen- choose to visit the Mall of America in with everybody. I hope she under- tum and bipartisan compromise. Bloomington or choose to visit Las stands, and I hope we can move forward PRITZKER NOMINATION Vegas or choose to visit South Carolina rather rapidly with that process. Ms. KLOBUCHAR. Speaking of bipar- instead of going to another country, in- I don’t dispute they are ‘‘non- tisanship, I wish to address the recent stead of going to London or instead of controversial,’’ but every Senator obvi- vote, the 97-to-1 vote, for Ms. Penny going to Singapore. We want them to ously wants to have these amendments Pritzker. This is a very positive devel- come to the United States of America. cleared with them, and they have al- opment at a time when we are seeing a I think this is a big part of the job ready started that process. I appreciate lot of nominations that have been the Commerce Secretary will need to the advocacy and the involvement of stalled out. As a member of the Com- do to continue the improvements we the Senator from Louisiana. She has merce Committee, I wish to spend a have seen with tourism, to make sure been extraordinarily involved in this few minutes talking about her nomina- everyone knows they can have a great issue by helping us make the package tion. vacation in West Virginia and to keep much better, and I hope she will show I think we all know she is extremely that message going. some more—I emphasize more—pa- well qualified. Over the course of her Another part of why I am excited tience as we try to get this package career, she has started and led a num- about Ms. Pritzker in this job is be- agreed to by both sides. ber of business ventures in a wide cause we are seeing more and more Ms. LANDRIEU. I thank the Senator range of industries, such as finance, women in the workplace, as we know. from Arizona, and I will show more pa- real estate, hospitality, and transpor- We just did a report on that with the tience. Everyone on the floor is show- tation. She has been an advocate for Joint Economic Committee. We need ing a lot of patience with this very business and assisted companies in ex- to see even more women in areas they complicated bill, but I have asked pri- panding into new markets. She is also haven’t been involved in as much, such vately and I will ask publicly for the a member of the President’s Economic as manufacturing. The share of women process of clearing—clearing—non- Recovery Advisory Board and is chair- workers in the manufacturing industry controversial amendments to begin. man of Skills for America’s Future, has been declining since 1990 and is now There is also a process going on to helping to prepare workers for the 21st at 27 percent, the lowest level since clear votes on controversial amend- century. 1971. At the same time, we have job ments. I am aware of that—to clear When I met with Ms. Pritzker, I was openings in manufacturing, and we votes—and a time agreement on con- impressed not only by her experienced need people to be trained in the new troversial amendments. I am not ask- command of what is going on right now skills for today’s manufacturing. This ing for that. I am asking for clearances with our economy, obviously, but also is no longer your grandpa’s factory to begin for no votes, voice vote only, her understanding of the Department. floor. There are new skills needed in on noncontroversial amendments, and I As we know, the Department oversees robotics, advanced degrees, and others am glad I have the Senator’s support to the International Trade Administra- to run the equipment, to make the look at that and, hopefully, we can tion, the Patent Office, the Economic equipment, and to repair the equip- work something out. Development Administration, the Na- ment. Mr. SCHUMER. Mr. President, will tional Oceanic and Atmospheric Ad- On a more general matter with the Senator from Louisiana yield for a ministration, and many others. But be- women—and this is something we dis- question? yond that, we talked about the fact the cussed at our commerce hearing with

VerDate Mar 15 2010 01:10 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00021 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.042 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5124 CONGRESSIONAL RECORD — SENATE June 25, 2013 Ms. Pritzker—we just have 17 percent begin the process of vetting these this bill would have in terms of reduc- of board seats across manufacturing, 12 nominees in the Senate so the NLRB ing the debt. Lo and behold, last week percent of executives, and 6 percent of can get back to work. we got the true numbers from the non- CEOs. So there is a lot of work that This is about providing stability and partisan Congressional Budget Office can be done there. consistency to workers and businesses, which showed that in fact this bill re- I am very excited about this nomina- but it is also about doing what is right duces the debt by $197 billion in 10 tion and the work that is ahead for Ms. for American families. My mom was a years. Then in response to a request Pritzker, and I am glad to see such teacher. She taught public school until from Senator SESSIONS, they also strong bipartisan support in the Sen- she was 70 years old, so I have seen looked at the 20-year figure, and it ate. firsthand how important it is for work- showed it reduces the debt by $700 bil- NLRB NOMINATIONS ers to have that right to organize, to lion in 20 years. This is one example of As we continue to negotiate the im- have that right to make their case. what you are seeing with this bill. migration bill, I would like to talk This is why I have always believed we We are going to see immigrant work- about one more issue that is vitally need a good NLRB, a fair NLRB. ers who have been in the shadows come important to our country’s middle We have a President who has put up out to get on a path to citizenship that class. I just focused on some of the five nominees, three Democrats, two will take 13 years, who will have to pay business issues—whether it is reducing Republicans. The last time I checked, taxes, will have to pay fines, will have redtape for our businesses, making sure this President won the election and he to learn English if they don’t know we bring our debt down in a reasonable has the right to nominate people for English. They will have to show their way or simply looking industry by in- this job. records and make sure they don’t have dustry at what we can do to make sure America was built on a strong middle any significant criminal records in our market share increases—our global class, and the NLRB is a critical agen- order to gain citizenship. But it also market share in America—but we also cy for keeping America moving for- means they will be paying taxes that have the issue of America’s workers. ward, for ensuring every person can will contribute to the well-being of this While I am here, I wish to talk about work a steady job, with good wages, country, and they will be paying into something vitally important to our provide for their families, and save a systems they haven’t been paying into country’s middle class; that is, moving little for the future. So there is much before that help other Americans. forward with the President’s nomina- at stake, and I urge my colleagues to The other point economically is the tions for the National Labor Relations put politics aside and allow the Senate fact we are going to see a better legal Board so it can get back to work pro- to move forward with consideration of immigration system. That is what our tecting the rights of working Ameri- the full package of five nominees to country was built on. Everyone came cans and employers. the National Labor Relations Board. from another country, when you look Over the course of the last few I suggest the absence of a quorum. at the history of our country. For me, months, the President has nominated a The PRESIDING OFFICER. The it was Slovenian and Swiss immi- full slate of five very qualified people clerk will call the roll. grants. My grandfather worked 1,500 to serve on the NLRB—three Demo- The assistant legislative clerk pro- feet underground in mines and never crats and two Republicans—all of ceeded to call the roll. even graduated from high school. He whom have sterling credentials and a Ms. KLOBUCHAR. Mr. President, I saved money in a coffee can to send my track record of focusing on results and ask unanimous consent that the order dad to college. My mom’s side of the working across the aisle. for the quorum call be rescinded. family came from Switzerland. My The first two nominees were named The PRESIDING OFFICER. Without grandmother ran a cheese shop. So I in February—February—the month we objection, it is so ordered. am here standing on the floor of the celebrate Valentine’s Day, and we are Ms. KLOBUCHAR. Mr. President, we Senate on the shoulders of immigrants, now headed to the Fourth of July. The are debating this historic comprehen- a grandfather who worked in the mines remaining three were nominated at the sive immigration reform, something and another grandparent who worked beginning of April. Yet we still haven’t that as a member of the Judiciary in a cheese factory. Those are my im- had a vote. In May, the Health, Edu- Committee I have worked long and migrant roots. We all have them. We cation, Labor and Pensions Committee hard on, and actually worked back in have to remember what this bill is held a hearing on the five nominees to 2007 when I first got to the Senate. I about, and we have to remember that 90 of our Fortune 500 companies were the NLRB. This was an important first can’t tell you the difference it is doing actually formed by immigrants—200 step, and I commend Chairman HARKIN this 5 years later than it was back in formed by children of immigrants—and for moving forward on these nomina- 2007. This time we have a coalition that 30 percent of our U.S. Nobel laureates tions. However, until these nominees is incredibly strong, that has withstood a lot of different questions and issues born in other countries. are confirmed and the NLRB is up and So when we look at this, yes, we have about this bill, that has been able to running, workers and businesses will to look at the enforcement side and en- accommodate concerns raised within continue to face uncertainty. forcement of the border. That is incred- The NLRB rules impact people’s the Gang of 8 and then on the Judiciary ibly important. But we also have to daily lives and reflect our values as a Committee level, and now after last look at the economic engine of Amer- night’s vote adding other requests and country: child labor laws that prevent ica that brought us to where we are other things Members have. But I want young kids from being exploited and and where we want to head and how we to emphasize why this bill is so impor- forced to work instead of going to are going to compete internationally. school, fair pay laws which ensure tant from an economic standpoint. We do that by welcoming in America’s When we were in the Judiciary Com- women get equal compensation for talent, which will be our talent—most mittee, we had hearings and we had a equal work, laws that mandate decent of which is homegrown but some of number of people testify about the bill working conditions to protect people which comes from other countries. from being hurt or injured on the job, and what this bill would do in terms of The PRESIDING OFFICER. The Sen- and laws that uphold the fundamental the debt—something I know the Pre- ator from Colorado. rights of workers to organize. The im- siding Officer cares about very much. Mr. BENNET. Mr. President, I wish pact of the NLRB is critical to work- We had a number of Republican econo- to thank the Senator from Minnesota ers. mists come forward and talk about how for her remarks and say how much I The Board is the only option avail- this bill reduces the debt. There were appreciate her work on this legislation, able to employers and companies that some early figures out there. Then I on the Judiciary Committee and be- become the victim of unfair labor ac- held a hearing on the Joint Economic yond. tions or run into barriers during nego- Committee and called Grover Norquist The chairman is here today. I wish to tiations with labor unions. This is for as a witness. I was the first Democratic thank him for his leadership both on both sides. It is there for employers Senator I know of to call Grover the committee and on the floor. and for workers. We have a responsi- Norquist as my witness. But he came One way or another, something im- bility to show some leadership and forward and talked about the effects portant is going to happen here this

VerDate Mar 15 2010 03:08 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00022 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.043 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5125 week—which should happen more regu- This bill fixes that. This bill has very system, with improved biographic and larly than it does, but it does not, in important border security measures biometric tracking of those who come the 4 years I have been here; that is, a and measures to prevent future illegal into and leave our borders. It is about bill that actually is the result of immigration. I thank the Senator from time for us to begin to apply 21st cen- thoughtful bipartisan—in some cases I Tennessee, who is on the floor, for his tury technology to this broken immi- even describe it as nonpartisan—work remarkable work with Senator HOEVEN gration system we have. that has been done first by the so- to get us to this point. The agreement There are many economic reasons called Gang of 8 that I was pleased to on border security, which maintains a why we should support this bipartisan be part of, then in the Judiciary Com- real and attainable pathway to citizen- legislation. We know it will help busi- mittee itself, and now on the floor of ship which was a bottom line for the nesses, we know it will boost our econ- the Senate. Gang of 8 Senators who were working omy, we know we are securing our bor- Before I talk about immigration, I on this bill, was the result of several ders. If people don’t believe me on this, want to mention we are still struggling Senators who were willing and deter- I hope they will listen to Senator JOHN out in Colorado this summer with mined to find a way to get this done. MCCAIN and Senator JEFF FLAKE, who these terrible wildfires. We have appre- So I thank Senator CORKER, I thank are the two Republican border Sen- ciated the Federal cooperation we have Senator HOEVEN, and I thank Senator ators—Senators from a border State— received. It is a reminder to me, when MCCAIN and the other Republican who took me and others down there to I stand on this floor, how important it Members of the Gang of 8 for getting us see what the border actually looked is for us to get past this partisan grid- here. This is how the Senate should like, who support this legislation, who lock we have and into a position where work—a process that leads to prin- have to go home to Arizona and be able we are actually making shared deci- cipled compromise. to defend this legislation by saying it sions that will allow us, among other On the border security amendment, secures the borders of the United things, to do the investments we need some opponents of fixing our broken States of America. They know what to do to make sure our forests have the immigration system continue to say they are talking about. fire mitigation that will prevent them our bill doesn’t do enough to secure the We also can’t lose sight of what this from catching and burning the way border. No reasonable person could bill means for families who are suf- they are this summer in Colorado. look at this legislation and arrive at fering under the current system. Here Today we have the opportunity to try that conclusion: nearly $50 billion in is one story from a bright young to work together on immigration. Op- additional spending at the border, 700 woman in Boulder, CO, who I had the ponents have come out and said this miles of fencing at the border; we dou- fortunate pleasure to meet, Ana Karina bill is going to cost us money, this bill ble the number of border agents on the Casas Ibarra. I first met Ana at a bagel is going to make the deficit worse. It is southern border of the United States; shop in Boulder where my staff and I exactly the opposite. The Congres- we go from roughly 22,000 to 44,000 bor- stopped in for a bite to eat. She waited sional Budget Office has said if we pass der agents. Those numbers are direc- on us and recognized me. When my this bill, we will see nearly $1 trillion tionally right. We double them. More staff overheard her explaining the dy- of deficit reduction over 20 years. This money and Federal resources are de- namics of the 112th Congress, they sug- Congressional Budget Office tells us it voted to securing our border than on gested she apply for an internship in will increase our gross domestic prod- all other law enforcement that the my office. She was an awesome intern. uct by 5.4 percent over that same pe- Federal Government undertakes, and We had the opportunity to learn more riod of time. So this bill is a deficit re- now we are doubling it. about her story. duction bill. People around here who You might be critical and say, Well, Fourteen years ago, her mother talk about deficit reduction—and I am you shouldn’t spend that money, al- brought her and her two younger one of them—finally have a chance to though, as I mentioned earlier, this bill brothers to the United States to escape do it in a thoughtful and measured results in deficit reduction of almost $1 an abusive marriage. Her mom had way, in a useful and constructive way, trillion over 20 years. I could see how consistently juggled two or three jobs rather than through a series of mind- somebody might stand up and be crit- to support them. Although Ana was a less across-the-board cuts which we ical about that. I can’t see how some- good student, an old Colorado law de- have seen as a consequence of the se- body could seriously maintain this bill nied her in-State tuition. She had to quester. Even in Washington, DC, $1 does not secure our border. work to pay for community college a trillion is real money. That is one rea- We call for an array of new tech- few semesters at a time. Her brothers, son we ought to pass this bill. nologies and resources at our border who saw her opportunity denied, lost Another reason we ought to pass this sectors to ensure 100-percent surveil- their motivation. One brother who bill is it creates a visa system that is lance and rapid interdiction of threats speaks better English than Spanish actually aligned to the economic needs and potential illegal crossings. was deported, and the other brother of the United States of America. Forty E-Verify is required to be used by who has an American citizen wife and a percent of Fortune 500 companies have every employer in the United States, baby is facing possible deportation been founded by immigrants. Nearly 1 so we don’t end up the way we did the right now. She just published her story in 10 business owners in Colorado are last time—with a broken system, in the Denver Post. She wrote: immigrants and generate $1.2 billion where small businesses either became Too many families share similar horror for our State’s economy. Agriculture is the INS or were given fake documents stories of separation. There are 11 million a $40 billion industry in Colorado, and and people came here where there were people who have entered this country ille- tourism is Colorado’s second largest in- jobs—illegally, not legally. This inter- gally, and the time is now to provide them dustry. nal enforcement mechanism will allow with a path to citizenship. We have a growing high-tech sector us to make sure small businesses know It is time for immigration reform. in Colorado, and 23.6 percent of STEM who they are hiring, and we are turn- I ask unanimous consent to have graduates from our State research uni- ing away people who are here unlaw- printed in the RECORD a copy of the versities are immigrants. We want fully and shouldn’t work here in the Denver Post op-ed. them to earn those degrees if they are United States of America. There being no objection, the mate- doing it in the United States and then This is the greatest country in the rial was ordered to be printed in the stay here in the United States, build world. But 40 percent of the people who RECORD, as follows: businesses in this country, invest in are here who are undocumented came [From the Denver Post, June 23, 2013] our future with us in this country. lawfully to the United States, over- MY FAMILY NEEDS IMMIGRATION REFORM, Today, because we have a broken im- stayed their visas, and it is the con- SEN. BENNET migration system, we are saying to sequence of our having a system to (By Ana Karina Casas Ibarra) those graduates, Go back to China and check people on the way in but never In 2012, I was working at a bagel shop in compete with us; go back to India and checks them on the way out or whether Boulder when Sen. Michael Bennet walked compete with us; we have no use for they left at all. This bill fixes that in. I immediately recognized him, handed your talents here in this country. problem with a complete entry-exit him his bagel, and said, ‘‘Here’s your bagel,

VerDate Mar 15 2010 01:10 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00023 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.046 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5126 CONGRESSIONAL RECORD — SENATE June 25, 2013 senator.’’ I didn’t know then that this small My life was changed forever when my sen- want Americans to further their edu- interaction would change my life. ator walked into that bagel shop. Now Sen. cation. I think it obviously helps their After the senator left the shop, I ap- Bennet has the power to change the lives of personal enrichment, it helps their proached my co-workers, confused that they families across the United States by cham- family, their community, and helps our hadn’t recognized him. Some knew that pioning fair, humane immigration reform Jared Polis was our district’s representative, that keeps families together and creates op- country to keep us competitive in this but they didn’t know Bennet. I explained to portunities for all those immigrants seeking global economy. them the difference between the House and the American dream. Again, we are about to see a jump to the Senate, and that Bennet was our rep- 6.8 percent. The reason I am so con- Mr. BENNET. I just wish to say, resentative, too. cerned about it is that in my small again, how proud I am of the work Sen- Members of his staff overheard this con- State of Arkansas, there are 68,000 low- ator CORKER and Senator HOEVEN have versation, and encouraged me to apply for an income and middle-income Arkansas internship in the senator’s office. done to get us to this point. I hope we That fall, I interned for Sen. Bennet in students who rely on these loans. will come to an agreement on some Unfortunately, what has happened in Denver. I got the chance to talk with the amendments between now and the end senator, meet his constituents and witness the Congress and in the Senate is that how his staff solves problems for Coloradans. or that we will just take up this bill. we had two votes a couple weeks ago, The experience was eye-opening and edu- It is time for us to pass it. It is time both of which failed. What we see now cational, deepening my interest in govern- for us to fix this problem for our econ- is a lot of finger-pointing, a lot of press ment and my belief in American democracy. omy and for the families all across this releases and press conferences. But this That belief has shaped my life. Fourteen country. I believe we can do it, and I years ago, when I was only 12, my mother is an area where we should find a bipar- think it is an opportunity for this Sen- tisan solution. This is a classic case brought my little brothers and me to the ate to show it can work in a bipartisan United States, crossing the border from Mex- that if we work together, we can work ico to escape her abusive husband. Through way that produces a meaningful piece it out. In the last few weeks, I have the years, my mom has consistently juggled of legislation that is very important to seen Senators come together and work two or three jobs to support us. the American people. out difficult problems. Surely we can I worked hard in school, earning good With that, I yield the floor. work through this and work it out. grades so I could get into a top college. But The PRESIDING OFFICER. The Sen- The House says it has a permanent several anti-immigrant laws were passed in ator from Arkansas. Colorado in 2006, including one that cut off fix. I disagree with that being a perma- in-state college tuition for undocumented Mr. PRYOR. Mr. President, I don’t nent fix. If we look at it, it doesn’t students. Despite my good grades, I ended up want to interrupt the flow of the pro- compare well to the plan we voted applying to the Community College of Den- ceedings, but I ask that my statement down in the Senate a couple weeks ago. ver, the only school I could afford to attend. be made as if in morning business. The Democratic plan in the Senate has I alternated between going to college and The PRESIDING OFFICER. Without a 3.4-percent flat interest rate. Their taking semesters off to work and slowly save objection, it is so ordered. interest rate is market based, and it up for more classes. My brothers’ lives have been dramatically STUDENT LOAN RATES rides the 10-year Treasury. We have to different from mine. They saw me work hard Mr. PRYOR. Mr. President, in the go through the calculation on how they in high school only to be cut off from the op- next few short days, on July 1, the in- do it, but basically we all know that portunities I had earned. They watched me terest rate for subsidized Stafford loans interest rates are not going down. In- do other people’s laundry, clean bathrooms are set to double. The problem is that terest rates are not staying the same. and make sandwiches just to put myself with the subsidized Stafford loans, we Interest rates are going up, and every- through community college. They saw that are talking about students who tend to body knows that. same future for themselves and they lost the When we start tying these things to motivation to finish high school. be lower income. Many of these stu- Luis, my middle brother, became de- dents are first-generation college stu- interest rates—did we not learn any- pressed, refusing to eat, talk to anyone or go dents, and they tend to be people who thing in the housing crisis? If we get to school. I lived in fear that he might take work the hardest to get what they people on the adjustable rate mort- his own life. Instead, in 2009, he was arrested have. They tend to not have very much gages, what happens? It sounds good on and deported. I watched, powerless, as my money or resources and not very many the front end, but then they can’t pay. family was torn apart. Luis, who lived the The same thing will happen with stu- majority of his life in the U.S., who speaks connections. They don’t have a lot of advantages. dent loans. They would get them on better English than Spanish and whose fam- the lower rate on the front end, and ily and friends all live here, is now alone in We have had several people from Mexico, the country our mother fled when he around the State of Arkansas e-mail or that will go up over time. The House Republican plan actually was just a boy. write my office. One of those who lets a borrower change that rate on Luis’ deportation was a nightmare for my wrote to me is Donovan. He is a father family. The feelings of pain, frustration and that loan every year. So they don’t who works construction to support his helplessness left permanent scars. Now my lock in once for 10 or 20 years, they kids. He has two kids in college, one in family’s nightmare is happening again. My would lock in one year at a time and youngest brother was arrested last August the Marines, and one about to graduate then ride that interest rate annually. when he was sitting in a parked car without from high school. He cannot afford to It is very problematic. a drivers’ license. Our family—including my pay his living expenses for himself and By the way, I disagree with President brother’s wife, a U.S. citizen, and their baby his family and their education without Obama. I think he happens to be girl—now waits in fear for his upcoming de- the help of student loans. portation hearing, terrified that our family wrong, and I think we need to find a bi- will be torn apart once again. Kim is another. She is a first-genera- partisan solution. The diverging paths of my life and my tion college graduate who is working I have a couple of charts where we brothers’ illustrate the precarious balance to pay off $85,000 in student loan debts. talk about this. This is the House Re- we have experienced. As difficult as it has As she is paying that down, she doesn’t publican plan and these are the costs. been for me to work my way through high have the money to save for her own The House Republican plan goes up. school and college, it is far too easy to get children’s education. Basically, the interest rate payments caught up in deportation proceedings as my Brandon is another story. Brandon will be almost $8,500. If we extend the brothers have. Too many families share simi- goes to Southern Arkansas University. lar horror stories of separation. There are 11 current rate, it is $3,500-ish. If they million people who have entered this country He is working hard to afford his edu- don’t do anything and double the cur- illegally, and the time is now to provide cation and pay for it, but he is strug- rent rate, it is $7,400, and that is real them with a path to citizenship. gling with the high cost of tuition, money. The difference here is that this It’s time for immigration reform. I hope room and board, and books. He is wor- is real money for folks who tend to Sen. Bennet remembers me and my family’s ried he is not going to be able to afford start out with a lower income and story when he works with the ‘‘Gang of 8’’ in college if the interest rate goes up. don’t have a lot of opportunity. Congress to draft a comprehensive immigra- Last year the Senate and the Con- We can see what the so-called perma- tion bill. As a former intern, a constituent and the sister of immigrants caught in our gress generally passed a provision to nent fix does. It basically fixes it for broken immigration system, I urge Sen. Ben- keep the interest rate of the subsidized higher payments over time, which net and his colleagues to create a path to Stafford loan at 3.4 percent. I think means we are going to have fewer peo- citizenship for people like me. that is the right policy. I think we ple who can plan to go to college as

VerDate Mar 15 2010 01:10 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00024 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.048 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5127 well as fewer people who are able to go to come out and be even more produc- I know people have talked a little bit to college. We are going to have a high- tive for the United States of America. about wages. In fairness, there is a er default rate, which means more peo- I am thrilled to have that opportunity. study that does say that over the next ple don’t pay back, which just creates It now appears this amendment is decade there might be one-tenth of 1 more problems as we go. It will also going to pass, and we will have the op- percent effect on wages. What it says is hurt their spending power and again portunity to have a balanced immigra- that by the end of the second decade, our competitiveness. tion bill. I think the American people wage increases are going to grow even I supported the Democratic plan, but are compassionate. I think if they un- more dramatically than they would again I think there is merit in some of derstand that we have done what we without this bill. what the Republicans offered. I just can to keep this problem from occur- Productivity is going to increase. hope this is a time when we can find a ring again in the future and if the peo- CBO has recently scored that produc- long-term solution, where we can come ple who came here in the way that they tivity is going to be much higher if we together and work it out. Students came are at the back of the line and pass this piece of legislation. If people shouldn’t be punished because of have to do those things that are nec- come out of the shadows, become more Congress’s inability to work together. essary to overcome that before they productive citizens, it actually causes Now is the time to come together. We get their green card and then become us to produce even more goods and need to come together for Donovan, citizens, I believe this is a bill that services in this Nation. Kim, Brandon—the three Arkansans I overwhelmingly will be supported by I think everyone understands that talked about—and for millions of stu- the American people. It gives every because the people who will be affected dents across the country. I know we single one of us an opportunity to be a by this—the 11 million undocumented can fix this. part of landmark legislation that im- workers and people who are in this I yield the floor. mediately is going to affect 11 million country—will be paying into the sys- The PRESIDING OFFICER. The Sen- people who now are in our country and tem for 10 years, at a minimum, and ator from Tennessee. many more people who come there- will not be allowed to participate in Mr. CORKER. Mr. President, I wish after. Social Security and Medicare. What to thank the Senator from Arkansas To move away from the human side— they are doing is actually giving addi- for his comments. I wish to speak to and I know we are going to have some tional life to both of those programs— the amendment and the overall bill budget points of order later—I wish to programs that seniors around this speak to the economic side, which is a that is before us. country depend on tremendously. I thank the eight Senators who have side we have not talked about much. To digress, I know yesterday CBO Another first for me in the Senate is brought us to this point where we are said that if this amendment we are de- to vote for a bill that, if it passes, is looking at landmark legislation. I bating passes, it will have a tremen- going to bring $157 billion into the thank all who were involved last night dous impact on lessening the amount Treasury without raising anybody’s who went through the hurdle of putting of illegal immigration we have in our taxes. Never have I had that oppor- in place the strongest border security country, which is something I know al- tunity. That is what we will be doing if plan anyone could have imagined. most every American wants to see. we pass this legislation with the border I don’t think anybody can now look I know there will be some budget security amendment that is now in at this immigration bill and say we are points of order. In my life as a Senator, place. not doing what the majority of Ameri- Over the next 10 years, CBO scores I spent a lot of time on deficit reduc- cans want to see happen; that is, to se- show that we are going to have $157 bil- tion. As a matter of fact, I would put cure the borders. I thank all involved lion come into the Treasury without the efforts we have made in my office in making that happen. I know over raising anybody’s taxes because of the against almost anybody here. Over the 1 the last several days that has con- fact we are going to have people com- last 6 ⁄2 years, we have been focused on sumed our discussion—talking about ing in out of the shadows. Over the deficit reduction. the border being secure. Border secu- next decade, CBO projects we are going As I said, I have never in my life had rity is something I know people in Ten- to have over $700 billion coming into an opportunity such as this as a Sen- nessee and folks all across this country the Treasury. ator. If we pass this piece of legisla- care about. I know the Presiding Officer has tion, by sheer force of what is going to Again, I appreciate all the contribu- worked on deficit reduction. This will happen out in the marketplace and tions that have been made. I thank be the first opportunity we have had to what is going to happen by bringing those who were involved last night in a do something such as this that in no people in out of the shadows so they very strong bipartisan cloture vote. way affects people negatively but can participate in a different way and Hopefully, we will have the vote on the causes us to have much more in the without raising anybody’s taxes—as a amendment soon. I understand there way of resources. We will have re- matter of fact, maybe it gives them an are negotiations underway to add as sources coming into the Treasury, low- opportunity to lower people’s taxes many as 20 or 30 more amendment op- ering deficits, and, candidly, helping down the road—we are going to lower portunities for folks. I hope people will seniors who are concerned about our deficit. try to narrow down their list. whether we are going to be able to I know there will be budget points of I cannot imagine how more amend- maintain momentum with many of the order. I plan to vote to override those ments which can improve the bill is entitlement programs we have today. because I don’t think the off-budget not something we all want to do. I wish CBO has actually scored something items are being counted in the way to thank those working toward that else. If this bill passes, real GDP they should. I think all of us under- end. We have plenty of time left this growth is going to be at 3.3 percent stand that Medicare and Social Secu- week to deal with a number of impor- over the first decade and 5.4 percent at rity are in distress. Those programs are tant amendments. Candidly, many of the end of the second decade. Again, not being counted in what is going to them, in my opinion, would make the this bill is something that generates be discussed later today with these bill stronger. economic growth. While both sides of points of order. Today I wish to speak to two things. the aisle talked greatly about eco- I encourage everyone to override No. 1, we talked about security. I, as a nomic growth, I have to say that my these points of order, taking into ac- Senator, in the 61⁄2 years I have been side of the aisle tends to focus more count the benefits this is going to have here, have never had the opportunity time on that issue, and I applaud that. on the off-budget items. By the way, to be a part of a piece of legislation I think it is very important. I think it typically when we are dealing with that—if passed in both Houses and the is a situation where a rising tide raises these ‘‘off-budget items,’’ we are actu- President signs it, it becomes law—will all boats, households do even better, ally dealing with them in the reverse, immediately affect in a positive way 11 and the standard of living increases. and that is that people are not taking million citizens who are in the shadows What this bill, if passed, is going to do into account the negativity that is today. In many ways, they are already is cause our GDP growth to be even going to impact them. In this case, part of our society and will now be able higher over the next two decades. there is actually a positive result.

VerDate Mar 15 2010 01:10 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00025 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.050 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5128 CONGRESSIONAL RECORD — SENATE June 25, 2013 So from a human standpoint, this is made in this substitute bill to build product will increase some as a result the right thing to do. From a border se- fences and to add 20,000 agents will of the situation of more people, but per curity standpoint, this is the right never occur. It is not going to happen. capita, per person, GDP declines for 21 thing to do. From a deficit-reducing So they are really not worried about years. standpoint, this is the right thing to that. It is a kabuki dance, a bob-and- So we need to know—at this time of do. And for raising the standard of liv- weave, a rope-a-dope. Everybody in the high unemployment, slow growth, low- ing for all Americans through eco- Senate knows how this process is work- wage growth, we need to be very cau- nomic growth, this is the right thing to ing. The staff know it, and I think tious about allowing millions of new do. probably most of the media understand workers to enter this economy at this I thank the Chair for the time, and I it. time. We want to have immigration, note the absence of a quorum. These promised actions are not going but we want to have it at a rate that The PRESIDING OFFICER. The to happen in the future. The interests serves the national interests and in- clerk will call the roll. who push this bill have never wanted creasing it dramatically is not appro- The assistant legislative clerk pro- to end the illegality. I have been fight- priate. ceeded to call the roll. ing on this for years. Every time we I thank the Chair. The PRESIDING OFFICER. The Sen- get close to fixing E-Verify, every time The PRESIDING OFFICER. The Sen- ator from Alabama. we get—in fact, we had debates, and I ator from Vermont. Mr. SESSIONS. Mr. President, I ask had to hold up bills to keep E-Verify Mr. LEAHY. Mr. President, I ask unanimous consent that the order for from expiring. Forces were out there unanimous consent that at 11:30 a.m. the quorum call be rescinded. trying to kill E-Verify for years, and I Wednesday, June 26, all postcloture The PRESIDING OFFICER. Without held up legislation to insist that at time on the Leahy amendment No. objection, it is so ordered. least we keep it alive. We weren’t able 1183, as modified, be considered ex- Mr. SESSIONS. Mr. President, I to strengthen it, which it needed des- pired; that the pending amendment No. think we should get a little perspec- perately. That is the workplace situa- 1551 be withdrawn; that if a budget tive, at least as I see it, on the Corker- tion, E-Verify is, where when a person point of order is raised against the Hoeven-Schumer substitute that was applies for a job they run a quick com- Leahy amendment No. 1183, as modi- voted on earlier, and we will vote on puter check on a person’s Social Secu- fied, during its consideration, and the again. I think this is what happened. rity number to determine whether they applicable motion to waive is made, It became clear last week that the have a lawful Social Security number. that at 11:30 a.m., the Senate then pro- Gang of 8 bill was nowhere close to It identifies a lot of people who are il- ceed to vote on the motion to waive doing what it promised to do on en- legally here and should not be taking the budget point of order; that if the forcement. The flaws were too dra- jobs. So those forces have never wanted point of order is waived, the Senate matic to hide and the CBO found it a lawful system, and they objected to proceed to vote on the Leahy amend- would only reduce illegal immigration things that occurred. ment No. 1183, as modified; that upon by 25 percent after they had promised So their interests and the interests of the disposition of the Leahy amend- dramatic changes in it. And I pointed those who met in secret to cobble this ment, the Senate proceed to the vote out that it had holes all through it, bill together have always favored more on the motion to invoke cloture on the like Swiss cheese, and the CBO essen- immigration, legal immigration, and it committee-reported substitute, as tially confirmed that. seems to me quite a bit of indifference amended; that if cloture is invoked, it The bill was in trouble. Support for to illegal. These are the forces that be considered as if cloture had been in- the gang’s proposal began to fall, and have voiced support for but blocked the voked at 1 a.m., Wednesday, June 26; the mood changed from over confidence creation of real border security fencing and, finally, that the majority leader among the supporters to even panic. over the years. be recognized following the cloture The gang knew action had to be taken They have voiced support for E- vote, if cloture is invoked. or things could be lost, so they got— Verify with a blocked extension of it The PRESIDING OFFICER. Is there they went to Senators CORKER and and strengthening of it. They have objection? HOEVEN with this idea that they would voiced support for an entry-exit visa Without objection, it is so ordered. just add 20,000 Border Patrol agents to system that works in all land, sea, and The Senator from Louisiana. our current agents on the border and airports; indeed, we have passed bills to Mr. VITTER. Mr. President, related 700 miles of fencing. Both of those do that—biometric land, sea, and air- to that unanimous consent agreement, projects they had steadfastly rejected, ports. This bill reduces that require- I wish to make a budget point of order, even rejecting the Cornyn amendment ment through just entry-exit visa sys- which I will do in just a second. But I to add 5,000 agents. One of the Members tems at air and seaports and not on also ask unanimous consent that after of the Senate said it was dumb to do land, and it is not biometric. That is a I make the point of order and after the any fencing, and they opposed the critical difference because now 40 per- Senator from Vermont moves to waive fence. cent of the people here illegally come it, I be recognized for up to 12 minutes Well, these provisions of new enforce- on visas and overstay, and we have no to explain my budget point of order. ment were contrary to what the sup- idea who is leaving the country. We Mr. LEAHY. I have no objection. porters had been saying for weeks. clock them in on entry, but we don’t The PRESIDING OFFICER. Without They promised America their bill was clock them out when they leave. So we objection, it is so ordered. the toughest ever, driving those mes- don’t know if anybody has overstayed. Mr. VITTER. Mr. President, the sages into homes all over America with That is the situation we are in. I see pending measure, S. 744, as reported by TV advertisements; with Senator my friend, Senator VITTER, and I want the Judiciary Committee, would vio- RUBIO; big business; Mr. Zucherberg him to have time to talk. I know he is late the Senate pay-go rule and in- pretending he is a conservative advo- due to be talking now. I would say one crease the deficit. cate; running ads telling us all what we more thing as he prepares to deliver his Therefore, I raise a point of order ought to know and do about this bill. remarks. against that measure pursuant to sec- The goal, I have to say, was to provide We were promised, when the bill tion 201(a) of S. Con. Res. 21, the con- some sort of cover to get wavering passed, that the economy would be bet- current resolution on the budget for Democrats and Republicans to sign on ter, wages would improve, and GDP fiscal year 2008. to this new bill that is going to add would be up, and unemployment The PRESIDING OFFICER. The Sen- 20,000 agents. wouldn’t be adversely affected. The ator from Vermont. Well, why would they be willing to CBO report said unemployment will go Mr. LEAHY. Mr. President, pursuant make such a dramatic, unceremonious up, and I have a chart they put out in to section 904 of the Congressional retreat on a position they had taken their own report showing that. They Budget Act of 1974, the waiver provi- for months? First, they were desperate. say wages will go down over the next sions of applicable budget resolutions, Something needed to be done. Sec- decade, and they say unemployment and section 4(g)(3) of the Statutory ondly, they know that the promises will go up. They say gross domestic Pay-As-You-Go Act of 2010, I move to

VerDate Mar 15 2010 01:31 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00026 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.055 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5129 waive all applicable sections of those ferent times—saying that important ond. But this chart gives an indication acts and applicable budget resolutions bills bust the caps, increase the deficit, of where we stand with regard to budg- for purposes of the pending bill and claim spending is an emergency when et implications of the legislation. amendments, and I ask for the yeas it is not. And seven different times So the fines and penalties and fees and nays. since last September, we sustained that are a part of this maybe bring in The PRESIDING OFFICER. Is there a those budget points of order. We as a $6 or $7 billion. They said there was sufficient second? body said: You are right. We should not enough to pay for the bill. The bill There appears to be a sufficient sec- do that. We should get serious about originally started out at $6 billion, ond. spending. then it went to $8 billion, and then, The yeas and nays were ordered. Seven times, by the way, on my side with the Corker-Hoeven amendment, it The Senator from Louisiana. of the aisle virtually everyone sup- jumped to $46 billion. There are no ad- Mr. VITTER. Mr. President, let me ported that budget point of order, and ditional fees on the illegal aliens. now talk briefly about my budget point we did that in many cases where it was When they met with the support of order. I made one specific budget difficult politically to do it—when vet- group, the Gang of 8 met with the real point of order, perhaps the most seri- erans’ benefits were at issue, when group who has been driving the bill— ous, which is that this bill, as it came other important matters, such as Hur- this coalition of special interests. out of committee, increases the deficit, ricane Sandy relief, were at issue. So They went to them and said: We need pure and simple—the thing we con- we have shown some amount of dis- to raise some more money. stantly rail against, the thing we con- cipline through these budget points of And they said: Well, you cannot put stantly promise we will not do any order seven out of seven times since any more fines on the people here ille- more of. It increases the deficit. September. The question now is, Are gally. However, that is not the only budget we going to do it again or are we going So they said: Yes, ma’am. We will point of order. There are at least 11 to cave? not put any more fines on them. We budget points of order against this Now, this pay-go point of order is will put more fees on legal immigrants bill—the Senate pay-go point of order, perhaps the most serious because it is in the future. which I just explained. about increasing the deficit. That is So they raised fees on legal immi- In addition, there is new direct what the point of order is about—actu- grants but did not raise fees on the spending authorized by the bill that ally increasing the deficit over the people who are here illegally who origi- would exceed the Judiciary Commit- next 10 years. nally they said were going to pay for tee’s authorization levels for a 5-year We have to stop violating this rule if the entire bill. So that is important for period. In addition, there is new direct we are serious about deficit and debt. us to fully understand. The money is spending exceeding those authorization Pay-go originally banned counting So- simply not there. levels for the 10-year period. cial Security revenues to mask the def- I will note parenthetically that the There are four points of order pursu- icit. Spending in this bill is offset by 2007 immigration bill—that was on the ant to section 403(e)(1) that lie against $211 billion in Social Security revenue. floor and we debated and eventually the emergency designations in the bill. So once again we are going to rob So- failed—that bill would have raised as We say we are for budget discipline. cial Security to claim we are moving much as $8,000 per illegal individual. The problem is that whenever we want toward balancing the budget. This bill only raises $2,000, and it is to to bust the caps, bust the numbers, we We need to get serious on all of these be paid over 10 years. This is not a bur- just call certain spending an emer- budget issues. We need to maintain the densome payment if you are going to gency. This is clearly not emergency record we have had here in the Senate say they pay a fine—as the sponsors of spending. This is an important prob- since September. We need to sustain the legislation did—to become perma- lem, but it is not an unexpected emer- this important budget point of order nent residents and put them on a path gency, such as a natural disaster or an when we vote tomorrow. to citizenship. So it is about $17 a attack by a foreign government. There With that, I yield the floor. month. I calculated it out roughly. are also four similar emergency des- I suggest the absence of a quorum. That is not a big fine. You are allowed The PRESIDING OFFICER. The ignations made under section 4(g)(3) of to work. You get a Social Security clerk will call the roll. card, an ability to apply for any job in the Statutory PAYGO Act of 2010. The bill clerk proceeded to call the America on an equal status with any- So, again, there are at least 11 sepa- roll. rate, distinct budget points of order Mr. SESSIONS. Mr. President, I ask body else who has been unemployed that lie against the bill. That is a big unanimous consent that the order for and looking for work, their children deal, particularly when we are running the quorum call be rescinded. looking for work and need a job. Some- record deficits and have record debt, The PRESIDING OFFICER. Without body who was just a few days before il- particularly when all of us from both objection, it is so ordered. legally here now has full power under sides of the aisle have come to the floor Mr. SESSIONS. Mr. President, I sup- this legislation, if it were passed, to regularly and said: This is a huge chal- port Senator VITTER’s motion. There take that job. So the idea that $17 a lenge, and we are doing something are multiple points of order that could month is somehow going to be break- about it. be raised against this legislation. They ing the bank is not accurate. We are going to pass a bill that have declared a number of the spending The problem fundamentally with this breaks those rules, that busts those programs emergencies; if you designate situation is that it double counts bil- caps, 11 different ways. an appropriation as an emergency, it lions of dollars. We need to understand Technically, my budget points of does not count against the budget, but how this process works, this double order that I just enumerated are about it is real spending all the same. counting. It was part of the 2,000-plus the underlying bill, but most of these Normally, we would expect that bor- page ObamaCare health care legisla- also apply to the Corker-Hoeven sub- der enforcement and hiring of officers tion. This thing is over a thousand stitute—the Leahy substitute incor- would not be an emergency; neither pages—1,200 pages—and things get lost porating the Corker-Hoeven language. would other aspects of what we are in it. What is lost fundamentally in So they have the same budget prob- doing here be considered an emergency. it—and the supporters of it ought to be lems, the same fundamental problems We were told by the sponsors of the more candid about this—is that to under that version. legislation repeatedly that this bill make their argument that the bill is This is very simple. It is about, are will be paid for and it will be paid for going to bring in more money than we serious in reining in deficits and by fees and fines contributed by those goes out, they have to double count So- debt or not? Are we serious or not? who are here illegally as part of their cial Security and Medicare money. There is a bit of good news. In the payment to get citizenship and legal They just do. Senator CORKER has last several months, say, since Sep- status. Well, that comes nowhere close made that argument. Basically, we tember of last year, this body has to funding the legislation. have this money coming in. raised this same sort of budget point of This chart I have in the Chamber In one of the conventions of account- order seven different times—seven dif- gives us some—I will get to it in a sec- ing that our budget team uses—the

VerDate Mar 15 2010 01:31 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00027 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.057 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5130 CONGRESSIONAL RECORD — SENATE June 25, 2013 Congressional Budget Office—it cal- of the legislation. . . . To describe the full this chart; it is in their report. It culates all the money coming into the amount of [Medicare] trust fund savings as points out the average wage would be government, all the money going out of both improving the government’s ability to lower than under current law over the pay future Medicare benefits and financing first dozen years. So we are asked to the government, regardless of whether new spending outside of Medicare would es- or not there is a trust fund. sentially double-count a large share of those vote for a bill that CBO says would Another form of accounting accounts savings and thus overstate the improvement make the average wage of American for the trust funds and accounts for in the government’s fiscal position. working people lower for a dozen years. general revenue. General revenue is on- If that were a private business that I do not see how that is rational, budget. Off-budget is the Social Secu- sent out a solicitation to buy its stock frankly. We have seen since 1999 the rity trust fund and some other funds. and they said, we are on a good basis, wages of American workers have been So look at this chart. I think it gives we are making so much profit—and decreasing as compared to the inflation a picture of where we are. This is the they are counting as their profit the index. The amount of money they are making is falling compared to infla- true cost of this immigration bill. I am money going into their employees’ pen- tion. That is a tragic thing. It has been the ranking Republican on the Budget sion plan—I think they would be in big continuous. I thought it might be tem- Committee. We wrestle with these trouble, do you not? Because it is not porary, but it has been continuing numbers all the time. Under this, they their money, it is money committed to claim they have a unified budget sur- steadily. the employees’ pension. You cannot One expert, Professor Borjas at Har- plus of $197 billion. That is the ac- claim it as profit and say, invest in my counting method where all the money vard, attributed 40 percent of that to company, I am making a big profit, immigration already. This bill will dra- coming in is counted against all the counting the money that is in the em- matically increase the flow of immi- money going out. But if you remove ployees’ retirement money. gration. So I am worried. This is a the Social Security surplus, that is $211 Well, this is what we have been chart that has down here 2021, 2023, be- billion. If you remove the Medicare doing. The Senator from South Caro- fore it hits the line back where it was. surplus, that is $56 billion, showing, in- lina used to say: We have been raiding Then you say, well, then it is improv- stead of having a surplus, we have a $70 trust funds. If we were in private busi- ing. Not so. Not so. If the bill had not billion deficit. ness, we would be in jail. I think there been passed, we would have had some You say: Well, CBO said different. is too much truth to that, frankly. So increase all along. The lines would No, CBO did not. CBO, in its report, this is undisputedly real. explicitly shows that the on-budget ac- have been much higher. I do not know But because there is a score, a uni- how many years it would take for this counting is negative, that it adds to fied budget score, the method that says ever to get back to where it would have the debt. It counts a surplus in Medi- all money comes in and all money goes been if the bill did not pass. care and Social Security. Now, how out, you have a surplus, you can count That is what the CBO says. It is not could they do that? Well, these individ- this as a surplus. Why is that? Well, be- that inconsistent with common sense, uals—many of them do not have a So- cause most of the people who will be le- that at a time of high unemployment cial Security Number and are not pay- galized under this bill, those individ- and you bring in millions of workers, it ing Social Security and Medicare uals are in a situation where they are is going to pull down wages. If you taxes—the withholding of FICA on our younger, maybe 35. So they will pay bring more coal into America, you paychecks. They are not paying that. into Medicare for a number of years, bring more iron into America, more Once legalized, they will pay that. and Medicare for a number of years cotton into America, the price of those There will be new money coming into will see a surplus in their account. products falls. It is supply and demand. the Treasury. But after they reach retirement age You bring more labor in, you are going These sponsors of the bill, so des- and start retiring, the money is going to have a lower wage rate, which David perate to promote their bill and say it to be drawn out. In fact, right now the Frum has written is what the bill was is paid for, say that Social Security amount of money paid into Social Se- designed for to begin with, pull down payment, that FICA payment, is now curity and Medicare by American wages. available for them to spend over here workers is not enough to cover the cost We need to think about this. I dis- on all the things they want to spend of their retirement. That is why both pute this idea that there is no impact the money on; therefore, it has created of those accounts are in serious trou- on wages by this immigration law. This a surplus. But it ignores something ble. We have got to do something about is what will happen in the next 10 very important: that each one of those it. We need to be making it stronger, years: We are going to legalize 11 mil- individuals who have paid into Medi- not weaker. This makes it weaker. You lion people. About half of those are not care, paid into Social Security, are are taking the money that should have working effectively in the real job going to draw out Medicare and Social been going to fund the retirement ac- force; maybe they are doing part-time Security. It is their money. It is their counts of the people who were pre- work; maybe their family is taking retirement money. You cannot put the viously illegal who are now legal and care of them; maybe they are working money up for their retirement and spending it on something else. in a restaurant or lawn care companies spend it the same day and expect it to Senator VITTER is exactly right, off the books. All of a sudden they are be there. there are multiple bases for making a going to be given legal status. They This is how this country is going budget point of order against this bill. will be able to apply for any job: truck- broke. This is how they handled Presi- I believe the motion to waive the budg- drivers, forklift operators, coal miners, dent Obama’s ObamaCare. They double et point of order was a motion to waive steelworkers, work for the county com- counted the money. Well, you say that all of them, so this will be the only one mission, city council, State of Ala- is not accurate. Let me read the letter we will get to vote on. So there are bama. They can apply for all of those I got from the Congressional Budget others who could have been raised also. jobs. So you are going to see a large in- Office Director the night before we So what about this argument that crease in the supply of labor available voted, December 23. I voted against it. wages are supposed to be improved by for jobs for which they were not eligi- The ObamaCare legislation passed on the bill? We were told that and told ble previously. Christmas Eve. They finally got the that repeatedly. This is what the CBO Second, what about the normal legal 60th vote before Senator Brown from report says, ‘‘CBO estimates that S. 744 flow? We now admit about 1 million Massachusetts could be installed. This would cause the unemployment rate to people a year into America. That is the is what the CBO said at the time: increase slightly between 2014 and most generous admission rate of any [T]he savings to the [Medicare] trust fund 2020.’’ So this is a fact. So at a time of Nation in the world. It is pretty signifi- under PPACA— high unemployment, lower wages, we cant, very significant. We have been That is the ObamaCare— are passing legislation that will in- absorbing that. I think we can con- would be received by the government only crease unemployment, make more peo- tinue at that rate. However, this bill, once, so they cannot be set aside to pay for ple unable to find work. in addition to the 1 million I just men- future Medicare spending and, at the same This is a chart that was in the CBO tioned, will increase by at least 50 per- time, pay for current spending on other parts report, not my chart. I did not make cent the number of immigrants who

VerDate Mar 15 2010 01:31 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00028 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.058 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5131 come into the country every year here- the baseline today. If we pass the bill, create jobs is hard for me to accept. after, which is pretty significant. the per-capita GNP of the United The article states: In addition, there is another 4.5 mil- States of America of each citizen ‘‘At 175,000 jobs per month, we’re years lion who are waiting to come into drops. That does not make us wealthier away,’’ said Adam Looney, a Brookings econ- America. They have been tentatively as a Nation, as a person. So what if the omist, from where we need to be in unem- approved, but there are limits on how economy grows a little bit but every- ployment rate. The real reason is economic many can come each year. So they are one has less because you have got more growth has not increased much. waiting their time. They call it a people? That is what they say: S. 744 It goes on to cite some very sad num- ‘‘backlog.’’ They are just waiting their would reduce per capita by 0.7 percent bers that show the danger for people time. That is 4.5 million. They have in 2023. That is 2023. This is about 16 who have been unemployed for longer been accelerated. years they chart that it will be lower periods of time. It does appear, unfor- Let’s think this through. Under the than it would have been if the bill tunately, that somebody who is older current law, we were on track to admit never passes. or somebody who has not found a job 10 million people as immigrants into So why would we want to pass legis- for quite a number of months finds it America. By immigrants, I mean peo- lation that clearly reduces the per cap- even harder to find a job in the future. ple who want to stay here, get legal ita wealth of America, our growth of This is the Wall Street Journal, and permanent residence and become citi- GNP? I do not think that makes good they support immigration aggressively, zens. We are on track for 10 million if sense. I am concerned about it. Nobody but this is their story. The article you follow current law. wants to talk about it, they just want talked about Mr. Ken Gray. Under this bill, we will admit, over to pretend there is no limit to the Ken Gray has experienced that frustration the next 10 years to lawful status in number of workers who can be brought firsthand. In January of 2011, Mr. Gray’s wife America, the 15 million I mentioned, in and that that will not have a soci- died after a battle with ovarian cancer; three the 11 million plus the 4.5. Then we are etal impact on America. months later, he was laid off from his job as going to increase by 50 percent the an- an account manager at AT&T, where he had Let’s take a look at a few things worked for more than 20 years. Still grieving nual admission rate from 1 million to here. This is the Washington Post from from the loss of his wife, Mr. Gray says he 1.5, meaning 15 million over 10, which 2 weeks ago when we got the job report was slow to turn his full attention to his job means 30 million. So the number of dealing with the jobs for the month of search. By the time he did, the Chicago resi- people who will be given permanent May. It was considered to be fairly dent was long-term unemployed, and he has legal status in America over the next positive. It was about our normal aver- struggled to get prospective employers even 10 years will be 30 million, not 10 if the age increase during the recovery period to respond to his applications. ‘‘You just feel so discouraged,’’ Mr. Gray law had been properly applied. from the recession. But it is still not There is another category. Those are said. ‘‘You ask yourself what’s the sense of much. Not so good. sending a resume if you don’t hear any- people we refer to generally as guest Unemployment went up, even though thing.’’ workers. Guest workers come not to we created, they said, 175,000 jobs. That Now 59 years old, Mr. Gray been living off become immigrants, not to stay in the sounded good. We created 175,000. But his dwindling savings since his unemploy- country permanently, but come to you have to create about that many ment benefits expired last year. He says he work in an area where they can find a jobs each month to stay level, because remains determined to find work. But long- job. It is supposed to be in an area we have more people coming into the term job seekers are twice as likely to leave where there are not workers to do the the labor market as to find jobs, and many workforce each month. experts worry that many of them will never work. That is the theory, at least. How Look at what they said in the article: return to work. That could create a class of will that be impacted by this new legis- The bulk of the job gains in May were in permanently unemployed workers and leave lation? It is going to be double. So the the service industry, which added about lasting scars on the economy. number of guest workers, which is very 57,000 jobs last month. Still, roughly half of ‘‘Once people reach a point where they no large now, is going to double under this those were temporary positions, suggesting longer consider themselves employable . . . legislation. that businesses remain uncertain of con- it is very difficult to pull them back,’’ says I would say, first of all, it is common sumer demand. Joe Carbone, president of WorkPlace, a Con- sense that the average wage is going to They go on to note: necticut workforce-development agency. . . . ‘‘We are losing thousands of people a day. fall. It is common sense that unem- Missing from the picture were production This is like an epidemic.’’ ployment will go up. It is common jobs in industries such as construction and I don’t think we can pretend this sense that it is going to be harder for manufacturing. . . . Meanwhile, manufac- isn’t reality. I think the CBO numbers Americans in this time of high unem- turing shed 8,000 workers. . . . probably understate the problem. Pro- ployment and falling wages to get a de- Manufacturing jobs went down by fessor Borjas’ studies would indicate cent job with health care and retire- 8,000. The increase was in service indus- that and others would indicate that. ment benefits. It just is. tries. The increase in half of those were Another example is from the New People can spin and they can quote part-time or temporary, not full-time, York Times, May 20, 1 month ago, writ- Grover Norquist and those kinds of permanent jobs. ten by Jessica Glazer: things to say otherwise, but Professor Anybody who says we are in great Borjas at Harvard says differently, a shape with regard to job creation is not The men began arriving last Wednesday, telling the truth. first a trickle, then dozens. By Friday there Federal Reserve economist in Atlanta were hundreds of them, along with a few says differently, the U.S. Commission An article in today’s Wall Street women. on Civil Rights said they had hearings Journal, ‘‘Some Unemployed Keep Los- They set up their tents and mattresses on and every witness acknowledged it ing Ground,’’ states that ‘‘nearly 12 the sidewalk in Long Island City, Queens, would be bad for American workers, million Americans were unemployed in unpacked their Coronas and cards—and set- particularly lower income workers, May, down from a peak of more than 15 tled in to wait for as long as five days and particularly for African-American and million. . . . ’’ nights for a slender chance at a union job as At one point a few years ago, we had an elevator mechanic. Hispanic workers who are already here. On Monday morning. . . . Those in line— They will get hammered the most 15 million Americans working. We now there were more than 800 by sun-up Mon- under this dramatic increase in work- have 12 million Americans working. day—were hoping for a chance at job secu- ers. The percentage of Americans in the rity, higher salaries and other benefits. They say it will increase GNP. Well, workforce continues to fall. It is the Andres Loaiza, 25, had his eye on a position it will. You legalize 30 million, you are lowest since the 1970s when women that includes minimal physical labor. . . . going to have a larger economy and it were entering the workforce. That is Every 18 to 20 months, the union accepts 750 will be bigger. But the question is, per why the percentage went up, but now applications for the 150 to 200 spots in its we are down to that level again. People four-year apprenticeship program. . . . While person, per capita, will America’s pro- they waited, the hopefuls lined the sidewalk ductivity increase? Will our GDP in- are not finding work. along 36th Street. . . . The union had rented crease? The idea that we can bring in mil- six port-a-potties and hired a 24-hour secu- Well, what did CBO find? This is their lions of workers well above the current rity guard. . . . Overnight, they brushed chart. It shows that it dropped. This is rate and that this is somehow going to their teeth with bottles of water; tucked into

VerDate Mar 15 2010 01:31 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00029 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.059 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5132 CONGRESSIONAL RECORD — SENATE June 25, 2013 their sleeping bags, folding chairs or cars; What is the right thing for America, I thank the Chair, and I yield the and tried to get some rest. colleagues? I think we have to think floor. On Saturday a light drizzle fell. about that. These numbers from CBO The Senator from Oklahoma. Gerry Dubatowka, 20, whose father is show there will be adverse impacts on Mr. INHOFE. Madam President, I ask in Local 3, waited for his shot. the economy, wages, and unemploy- unanimous consent that I be recog- He is studying electrical technology at Or- ment at a time when we need to be nized as in morning business for such ange County Community College, but said he doing just the opposite. We need to be time as I may consume. would rather work with his hands than be in creating jobs, putting people to work. The PRESIDING OFFICER (Ms. WAR- school. We simply have to give first priority to REN). Without objection, it is so or- ‘‘I just want to do whatever, wherever I got those to whom we owe our allegiance, dered. to start,’’ said Mr. Dubatowka. ‘‘I want Mr. INHOFE. Let me comment also, steady work all the time.’’ the people who fought our wars, paid our taxes, and kept the country going the Senator from Alabama has done a For millions of Americans, this is yeoman’s job. He has studied this issue what they want. They want a job with when they were able to work. I raise that point. People don’t like and looked at all angles. He has one a retirement benefit, a health care ben- to talk about it, but I do believe it is great advantage over me. He is an at- efit, and a steady job. We are not cre- honest and true. A good immigration torney who understands the ramifica- ating enough of them. That is the prob- policy should be focused on a number tions. Let me just mention two things lem. Continuing: of things. It should be focused first on about the bill which concern me. One is After Sunday’s drenching rain, Monday the national interests, the interests of that I have been privileged, maybe as morning dawned gray. A few arguments much as any other Member of this Sen- erupted as people tried to cut the line. . . . the American working people, whether At 9 a.m. Monday, the door opened. The first they are lawful immigrants and not yet ate, to speak at naturalization cere- man in line disappeared inside and emerged citizens or whether they are lawfully monies. If my colleagues have never moments later with a wide smile across his here as citizens. We owe our obligation done it before, I say to my fellow Sen- face. first to that cohort of people. They are ators, do it. One has a totally different ‘‘Yay! No. 1!’’ one man yelled when he loyal to our country, and we owe them perspective on this whole issue we are stepped onto the sidewalk. talking about; that is, getting to know ‘‘Good luck, big guy!’’ said another. our loyalty first. Then we bring in people at the rate people who go through the legal chan- This is the problem we are facing. I we think we can absorb that is healthy nels. You look up and see that these would share with my colleagues, at the for America. Maybe 1 million people a are people who learned the language, rate of immigration in the future, we year is about the right rate. If that is who have studied the history and, I will have well over 100,000 new immi- where we are, I can accept that. To daresay, would know as much about grants a month enter the country who have it increased by 50 percent, to have the history of the United States of are looking for jobs. We will have more the guest worker program doubled on America as we know in this Chamber. than that enter, but we will probably top of allowing early entrants and le- Anything that is going to fast-track have about 100,000-or-so-plus a month gality to 15 million, that is a trend a citizenship is something that is of looking for jobs. that I think is dangerous for America. concern to me. What does our Congressional Budget My position is this, let’s be prudent, This is not why I am here. I decided Office say about our future economic friends and colleagues. Let’s be cau- to come down knowing that the Presi- growth pattern? The CBO each year, as tious. Let’s not be increasing the legal dent of the United States was going to part of the budget process, lays out a flow by 50 percent at a time of high un- make a talk, and in this talk I wish to 10-year projection of economic growth employment when it looks as if we are make sure people understand what he for America. They project all kinds of not going to be able to create enough is advocating is the largest tax in- things. They are not perfect, but they jobs for those people who would be crease in the history of this country. It use the best data available from the coming here. We surely don’t need to is something we know he has been try- Labor Department, academic studies, be doubling, it seems to me, the guest ing to do, in terms of his global warm- private business analysis, and they worker program at a time when we ing activities, actually a long time be- project how many people would be em- 1 have high unemployment. fore he was first elected 4 ⁄2 years ago. ployed. They are projecting for Amer- This is where we are. I believe that His speech on global warming indicates ica’s economy what I think a large ma- needs to be considered. I think the he has started delivering on all the jority of other economists and private American people who are out here promises he gave the environmental- sector people are predicting; that is, a watching what is going on in the Con- ists during his campaign. When I talk new normal, where growth has not in- gress need to be asking their Senators about the environmentalists, I am creased as fast as it has during boom and their Members of Congress who talking about all the groups—good, times in the past. You have heard that will be taking up these issues soon: Are well-meaning, some are not, some are phrase, ‘‘a new normal.’’ This is a new you thinking about us? Whom are you extremists. normal, and that is what we are facing. thinking about? Are you thinking poli- Leading up to his reelection cam- They predict, in the second 5 years of tics or are you thinking about me? paign, the President had been given a our 10-year budget window, we will in- Who is thinking about me? pass by all these organizations because crease jobs in America by 75,000 a You meet in secret with the Chamber they knew if the American people month, well below the amount of peo- of Commerce. You meet in secret with thought he was going to do what we ple immigrating to America to get jobs La Raza, you meet with the politicians, now know he is going to do, what he under this bill. Should we invite people you meet with the meat packers group, announced today, he would not be re- to come who are not likely to have a and the immigration lawyers associa- elected because of the cost of it. job? Should we invite more people to tion, but you don’t meet with the law So he had been given a pass by the come than we will have jobs for when enforcement officers who have told us environmentalist groups, such as the they will make the new immigrants this bill will not work. Sierra Club, the Natural Resources De- who arrive before them unable to have You don’t have representatives from fense Fund, the Environmental Defense a good job? the heart and soul of America in there. Fund, moveon.org, George Soros, Mi- Shall we bring in more immigrants Nobody is expressing what kind of im- chael Moore—you know the crowd. than we can absorb, causing wages to pact will be felt by them. This is what They said: Fine, but as soon as you are decline for American citizens, making my concern is and one of my many con- reelected, since you can’t be reelected it harder for American citizens to find cerns as we wrestle with legislation. again, we want to get all these things work? Do we take those people who are We can deal compassionately with done. So all these groups want the not finding jobs and do we then place the people who have been here for a President to use his regulatory power them on the welfare rolls and put them long time, and I will support that. I be- to make traditional forms of energy so on a government subsistence program lieve we need a system that ends the expensive there is no option but to use when they have been independent and lawlessness and a system that serves their preferred alternatives. able to prosper previously in the pri- the national interests of American citi- They understood if the President vate sector? zens. wanted to get reelected he would need

VerDate Mar 15 2010 01:31 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00030 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.061 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5133 to delay many of these regulations entist in America today, who said the pact this legislation would have, and until after his reelection, and that is regulations on carbon dioxide are a they told their Representatives to vote exactly what happened. They were will- ‘‘bureaucrat’s dream. If you control against it, and they did. Many of those ing to do this because they believed it carbon, you control life.’’ who voted for it are no longer in this was that important to reelect Barack That is a pretty strong statement. Chamber. They were defeated in 2010. Obama for a second term as President, This is because everything—every man- With the President’s reelection as opposed to Mitt Romney or any of ufacturing process, every refinery, squarely secured, the environmental- the others who were running. So they every hospital diagnostics machine, ists have been crying for the President gave him a pass, and they didn’t talk every home, every school, every to act aggressively on global warming. about this. As a result, he delayed church—would have to be regulated. If It is payback time. We understand, Mr. many of the most significant regula- you can control carbon, you can con- President, you couldn’t push this thing tions the EPA worked on during his trol every decision anyone ever makes. by regulation before the election be- first term until after the election. This is what the liberals want. They cause you wouldn’t have been re- One of those regulations was Boiler want government to control every- elected. But now you are reelected, and we have a law that says you can’t be MACT. Let me explain MACT. MACT thing, and their crown jewel is CO2. stands for maximum achievable con- That is where the whole thing started. reelected again, so it is payback time. trol technology. It means what is the Remember, a lot of people are saying So he is doing this unilaterally, by- maximum in terms of something, such now: We never did say it was global passing Congress, and using the au- as emissions, that can take place where warming, now it is climate change. thority he is claiming under the Clean you have the technology to support it. They have changed it around quite a Air Act. This rule sets limits—this is on Boil- bit, as people realized some of these In the words of a very prominent er MACT—on emissions of industrial things aren’t true. I can remember Democratic Congressman, JOHN DIN- and commercial boilers that are actu- when people were talking about global GELL, this would be a ‘‘glorious mess’’ ally impossible to meet because the warming—now we know we are actu- because instead of regulating only the technology required by this rule isn’t ally in part of this cycle that is going biggest pollutants—such as in the Wax- even available yet. It would cost the down. But that is not important. What man-Markey bill, and those who want- economy—and the analysis that was is important is they want to regulate ed to regulate only industry that emit- done, by the way, no one has disagreed carbon dioxide. That is their goal. ted over 25,000 tons a year—the Clean with—$63.3 billion and would result in So the President first tried to push Air Act regulation would regulate any about 800,000 jobs being lost. It is called greenhouse gas emissions on the Na- facility emitting over 250 tons. So it is not 25,000 tons that would be regulated, Boiler MACT. Every manufacturer has tion in 2010 when the Democrats had it is anything over 250 tons. You can’t a boiler, and these are the standards supermajorities in both the House and even calculate how much that would that would be required—an emissions the Senate. The last bill they had was cost in terms of a tax increase. standard—where there is no technology called the Waxman-Markey bill—two As the President announced today, to reach that at this time. House Members. It was a cap-and-trade he will begin this process with the reg- So the President waited to finalize bill. We all know what cap and trade is. ulation of greenhouse gases from new the rule until the day after the elec- We have been talking about it now for and existing powerplants. The Presi- tion. He didn’t want the rule to go out 12 years. That is where they cap emis- dent may have said today he will work before then because he didn’t want peo- sions and then they can trade those with the State utilities to make sure ple to realize what it would cost until around. They can buy and sell them they get a policy they like, but that is after election day. and it results in a huge tax increase. It just window dressing. It is putting lip- Another rule is the Ozone National would have regulated any source of stick on the pig. Legally, the President Ambient Air Quality Standards. It is emissions that emitted 25,000 tons of cannot get around the requirements of called the NAAQ Standards, but it af- greenhouse gas emissions or more. the Clean Air Act. fects everyone in America. The Presi- That is very important because what The Clean Air Act was passed a long dent tried to redo President Bush’s 2008 the President announced today is far time ago. In fact, I supported it. We update of this standard during his first greater than that. In other words, had the Clean Air Act regulations back term. But as the election neared, and those bills were only going to regulate when I was serving in the House. They the cost of the regulation became the emissions of industries that emit- were good and they worked, but they clear, he completely punted the effort. ted 25,000 tons of greenhouse gases each do call for regulation of any facility Now, however, we know he is actually year. That came to a total cost of emitting 250 tons of greenhouse gases a considering an update of this regula- about $400 billion a year. year. It wasn’t meant for greenhouse tion that could lower the standard Again, I am using these without doc- gases that make those kinds of emis- from 35 parts per billion to 60 parts per umentation now because I have been sions. And while he might not be talk- billion. This is on emissions, and this using them, and we have been docu- ing about it, the law he is using to jus- would put as many as 2,800 counties out menting them for 12 years with no one tify greenhouse regulations would not of attainment. arguing the fact that if we pass cap and let him stop with regulating just pow- Let me tell you what that means— trade at 25,000 tons of greenhouse gas erplants or allowing him to craft a pol- and, by the way, we have 77 counties in emissions a year, it will cost about $400 icy that states that. He doesn’t have a my State of Oklahoma, and all 77 billion. So that is a huge amount. choice. The law requires him to eventu- would be out of attainment. It means While that may not be the largest ally impose regulations on every single you can’t go out and recruit industry tax increase in history, what the Presi- industry in the country—every single or keep the jobs you have because you dent proposed today would be. Congress industry—one at a time, with are out of attainment. That is an offi- squarely rejected that, and while the unelected bureaucrats doing the heavy cial standing. This would mean 2,800 bill passed the House, it failed miser- lifting along the way. counties would be out of attainment in ably in the Senate. That is because it This means every school, every hos- the United States, including all in my would have lowered the standards of pital, every apartment will eventually State of Oklahoma. living for the American people across be regulated by the President’s EPA, One thing the environmentalists the country, forced businesses to shut and at a much greater cost than the want that the President has not been down, and it would equate to the big- $400 billion a year that was expected able to deliver—and it is even worse gest tax increase in American history. under Waxman-Markey. Keep in mind, than all the rest of this stuff—is to de- And I think people understood that. the Waxman-Markey bill was the last liver on the CO2 regulations, which is That was what happened in the past. cap-and-trade bill they tried to pass the crown jewel of environmental regu- What the President wants to do is what through, and it was soundly defeated. lations. In fact, there is an MIT pro- they could not get passed in terms of In fact, it is so hard, no one has ever fessor named Richard Lindzen, who is legislation, so they are going to now do calculated what the cost will be to the supposed to be one of the outstanding it by regulation. The American people American people if they had to regu- and perhaps the premier climate sci- knew what was going on, knew the im- late down to 250 tons.

VerDate Mar 15 2010 01:31 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00031 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.063 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5134 CONGRESSIONAL RECORD — SENATE June 25, 2013 Let me give an example. For my came from the private and State lands. We will most likely not be hearing State of Oklahoma I always calculate None of it came from the Federal Gov- many of these environmentalists talk at the first of each year how many Fed- ernment because this administration about the fact that during the last 15 eral taxpayers we have in the State. would not let us drill and produce in years there has not been any increase Then I do the math every time some- that area. In fact, the report I just in temperature, as reported in The thing comes along. Well, in terms of quoted said that on Federal lands it Economist. But even if they did ac- regulating under those industries over has been reduced by 7 percent. knowledge this, with the term climate 25,000 tons of emissions a year, that So while overall oil production na- change, they have an alibi, because cli- amounts to $400 billion, which is about tionwide is up 40 percent, on the Fed- mate change by its name doesn’t nec- $3,000 a year for each taxpayer in Okla- eral lands it is down by 7 percent. essarily mean warming. It can mean homa. That is what you have to stop The President is setting us on a anything. The President’s announce- and realize. The cost of this thing is course of unilateral disarming of our ment today of his new plan to regulate not little, it is huge. economy the same as he is doing to the greenhouse gases to combat global Today’s announcement doesn’t come military. He wants to impose costly warming does not come as a surprise. as a surprise. We have known they regulations to our energy and manufac- He has been working on it for years. have been working on these regulations turing sectors that no other nation on I would conclude and say, let’s re- since the President was first elected, Earth has. China, India, Southeast member what it was that Richard scheming to give his environmental Asia, Mexico, all these nations know Lindzen—the foremost authority in base exactly what they want. you need cheap reliable energy. They America on this subject—stated when Roger Martella, former general coun- have to have it in their countries. They he said regulating CO2 is a bureaucrat’s sel of the EPA, recently said, ‘‘Two are never going to pursue these regula- dream: If you control carbon, you con- years is about the minimal time it tions, and they are waiting for the day trol life. would take to go from soup to nuts on America does it unilaterally. And remember the other thing, and a rule like this,’’ and ‘‘these rules don’t Why would that be? Because if we do that is all the expense, all the trouble come out of the clear blue sky and in- it, they know our jobs are going to we are talking about going through, volve lengthy internal deliberations have to find energy someplace, and and all that the President announced they will be after those jobs. Any uni- before the public even gets the first today is not going to reduce CO2—not lateral greenhouse regulations we have peak at them.’’ according to a Republican, but to the So we know what is going on right in the United States will only shut Democratic former Director of the now has been happening for a long pe- down our domestic production. EPA. In fact, when Lisa Jackson was the riod of time. Further, the Congres- Madam President, I yield the floor. Director of the Environmental Protec- The PRESIDING OFFICER. The ma- sional Research Service recently put tion Agency, I asked this question, and jority leader. out a report saying President Obama on live TV she gave me a very honest Mr. REID. Madam President, there has spent $68.4 billion on climate answer: If we were to pass any of these will be no more rollcall votes tonight. change activities since he has been cap-and-trade bills—such as the ones I At 11:30 tomorrow, I remind everyone elected. This doesn’t require a vote. have been talking about—would this we have a motion to waive the budget This was all done by the President. So lower overall emissions of CO2? And she point of order. We will also vote after that has been taking place, and the said, No. Because the problem is not that on the Leahy amendment No. 1183, CBO substantiated this by saying the here; it is in China and India and Mex- as modified. Following that, we will annual spending on climate change has ico, and other countries where they have a vote on the motion to invoke reached an annual level of $7.5 billion, don’t have regulations. cloture on the committee-reported sub- with an additional $35 billion being You could carry that argument out stitute. So we have those votes already provided in the President’s $825 billion and say if you pass these things and we set up. stimulus plan. do it unilaterally in the United States, I have been at the White House for The President has been intent on giv- as the President suggested today, it is the last couple hours with Senator ing his environmental base this victory going to have the effect of increasing MCCONNELL. I got back to the cloak- for a long time, and he is willing to by- CO2, because people will seek those room, and we are working on an pass Congress to make it happen. And countries where they can actually do amendment list. During my absence the reason is because it would not pass this, where they don’t have any restric- here the staff has been working very Congress. We have had his bills here tions at all. So there is no need for the hard. We have worked amongst our- and they have been defeated every President to take us down this path. selves, we have worked with the Repub- time. He is beholden to his environmental licans trying to come up with a list of I would look at the majority leader base which claims global warming is amendments. We are not there yet. I right now and say: I bet you couldn’t the biggest threat facing humanity. am informed that the last half hour or come up with 35 votes to pass cap and Many have said, even in recent months, so we went backward rather than for- trade in the Senate. But on regula- that all the major weather events of ward. But we are working on this. We tions, he can do it without having to go the last decade have been the result of can still do it. We have to keep our eye out and get the votes. global warming. Some have even on the prize and make sure everyone is The impact is clear: It is the crush- claimed Oklahoma’s recent tornadoes willing to give a little, because right ing of our economy. As I spoke on the are the result of global warming. This now there are too many amendments floor last night, developments in hori- isn’t true. Oklahoma University’s that will never be agreed to. But this zontal drilling and hydraulic fracturing weather center says this year has not can be done, and we will continue to have resulted in a boom in energy pro- been any different than years past. We work. A majority of both caucuses duction. Oil production in America is have plotted our tornadoes since 1950. wants amendments. Having said that, up 40 percent in the last 4 years. It is The majority leader doesn’t have tor- simple majorities won’t do it. But I am not because President Obama is Presi- nadoes in the State of Nevada as we do hopeful and confident we are going to dent; it is in spite of his policies be- in the State of Oklahoma. But we have be able to work something out on cause all these things have happened in been tracking them since the 1950s and amendments. hydraulic fracturing. the trend is about the same. It is not The PRESIDING OFFICER. The Sen- By the way, I know a little about any higher this year, last year, and the ator from Rhode Island. that because the first hydraulic frac- year before than it has been in the CLIMATE CHANGE turing was done in my State of Okla- past. It is because we have been having Mr. WHITEHOUSE. Madam Presi- homa, and that was in 1949. There has these events since the dawn of time dent, there are a number of my col- never been a case of groundwater con- that many environmentalists now leagues who are going to be speaking in tamination in the years since then, in refuse to refer to global warming as the next hour about the President’s an- over 1 million applications. global warming, so they call it climate nouncement today of his plan to ad- Now, the 40 percent increase in pro- change or anything else the public will dress carbon pollution and the changes duction in this country in 4 years all buy. it is wreaking on our planet.

VerDate Mar 15 2010 01:31 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00032 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.064 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5135 We just heard from the distinguished But to do something that Repub- around 18 percent—in a matter of a few Senator from Oklahoma about the poli- licans ordinarily agree is important, years, all the while driving unemploy- tics and motives behind the President’s and that is to set the market straight ment down. decision. We can disagree about the so there isn’t an imbalance in which So the old choice between economic politics and motives, but I think we the price of a product doesn’t reflect development and economic opportunity should be past the point of disagreeing the true cost of a product, that is law and environmental protection, the about the facts. 101, it is economics 101, it is fairness premise that unfortunately some on The facts are that in the past 15 101. It should not be a proposition we the other side of the aisle cling to, years, during which the distinguished are debating. which is we have to choose between Senator said we have not seen any in- I intend to stay here until this hour protecting our health and our environ- crease in temperature, we have actu- or so we have is concluded, and I yield ment for future generations and eco- ally had the hottest decade on record. to the distinguished Senator from Ha- nomic opportunity in the short run, I will get the exact figures in a mo- waii who was also at the President’s has been disproven. ment, but I think 10 of the 12 hottest announcement in the blazing heat. But We have great opportunities to be a years on record have been in the past since he is from Hawaii, he is more leader in clean technology. That is why 15 years. I heard the distinguished Sen- used to the heat than I am. we have to support ARPA-E, that is ator say that so I don’t have the exact Mr. INHOFE. Would the Senator why we have to support our DOE and numbers, but there has been a terrific yield before he yields to the Senator national energy labs. The Hawaii Clean spike. from Hawaii? Energy Initiative is proof that we can If you go to the property casualty in- Mr. WHITEHOUSE. I yield the floor, do so. surance industry—which is not an in- whoever seeks recognition. I am very encouraged by the Presi- dustry that is heavily involved with The PRESIDING OFFICER. The Sen- dent’s movement. I am pleased to work Democratic or liberal politics—these ator from Hawaii. on a bipartisan basis with anyone who people who do their calculations make Mr. SCHATZ. Madam President, I wants to legislate. If there are prob- their living by trying to predict cor- was very encouraged by the President’s lems with the straight regulating of rectly, and their cold-hearted actuaries speech today for a number of reasons. carbon, let’s talk about that. But the have no purpose other than to provide The main thing I found encouraging is only way to solve those problems is by the insurance industry the best pos- he is obviously done waiting. And there legislating. If this body and the body sible information. They are showing an are three reasons to be done waiting. across the Capitol are unwilling to act, exceptional spike in both the number The first is it is very unlikely, given I am pleased this administration will and severity of storms we are seeing, the current composition of the Con- take action. and they are having to adjust their in- gress, that the Congress will take ac- I yield the floor. surance practices accordingly. tion in the 113th. We have to recognize The PRESIDING OFFICER. The Sen- I hope we can find a way to work to- that political reality. ator from Rhode Island. gether, because I think the President’s The second is from an ecological Mr. WHITEHOUSE. Madam Presi- step that he took today is one that is standpoint, we don’t have the luxury of dent, I thank the distinguished Senator long overdue and vitally important to waiting. We don’t have 5 or 8 or 12 from Hawaii. I ask unanimous consent, our economy, vitally important to our years to wait and deliberate. We need if he wishes to engage in a colloquy on national security, vitally important to to take action now in order to reverse the Senate floor, if that would be our international credibility and, most global climate change. agreeable. of all, vitally important to our children The third is a matter of law. Under The PRESIDING OFFICER. Without and grandchildren. This is the great the EPA v. Massachusetts, the Su- objection, it is so ordered. issue and responsibility of our time, preme Court didn’t just give the au- Mr. WHITEHOUSE. We were both at and I am delighted to see the President thority to the EPA to regulate carbon the President’s speech today. One of has stepped up to it. as a pollutant under the Clean Air Act; the things the President mentioned I see the distinguished Senator from it effectively requires that the EPA that I think is an important point to Hawaii is on the floor. He was at the move forward. So even if this President bear in mind is carbon pollution isn’t President’s announcement with me, didn’t believe in the science, even if free right now. We are not going to and I know he wants to say a few this President weren’t as passionate as suddenly impose a cost on the economy words. Trying to do something about this he is about combating climate change, through regulation that otherwise and put a price on carbon has been de- he would be required under the law to would not be there. scribed as the biggest tax in history, comply with the conditions of the Su- I can speak for Rhode Island. We are perhaps, and as something that would preme Court decision. paying the price right now in the price amount to the crushing of our econ- Let’s get one thing straight. In a of food and goods that are more expen- omy. I think it is pretty safe to show way, it is a little sad this has to be as- sive because of wildfires and droughts. that neither of those statements is ac- serted on the Senate floor as a political We are paying the price in the cost of curate. statement, but here it is: Climate repairs to homes and shorelines that For starters, there is nothing that change is real, it is caused by humans, have been damaged by floods and says the government has to keep the and it is solvable. It is a real threat storms. We are paying the price in money when it is in a carbon pollution with a high cost. But if we act now, we terms of increased taxes for more dis- fee. It could go straight back to Amer- can start a new era of economic and aster services—not only in Rhode Is- ican families and be essentially a wash scientific leadership for American in- land but across the country. We are in the economy. In fact, by going back novation. paying the price in the form of hikes in to families 100 cents on the dollar and I see our young pages here. This is an our insurance premiums. We pay the changing the economic behavior of the incredible opportunity for innovation, price in softer ways—in days spent in industry for the better, I think it will for partnership, for opportunity, for the hospital with a child having an prove to be an economic plus. our economy to grow, and for us to asthma attack when you could be Over and over, EPA regulations have again become a world leader to start a working or at home. And certainly we been imposed that created more eco- second industrial revolution in clean pay the price in what you might call nomic benefit for the country than energy and clean technology. the lost victories of innovation we they cost. I am confident this regula- The State of Hawaii was able to move never achieved because we were so busy tion, once it gets going, will create forward with something called the Ha- subsidizing these old fuels. more economic benefit for the country waii Clean Energy Initiative. What we I wish to ask the Senator from Ha- than it will cost. And every dollar of it have done is simply breathtaking. In a waii to comment for a moment on how could go back. It would mean as much very short period of time, we have ac- he sees the costs in his home State of as $900 a year for every American fam- tually tripled clean energy produc- Hawaii, which is far away from my ily to offset any increase in energy cost tion—and not from 2 percent to 6 per- home State of Rhode Island, both very and to spend how they will. cent but, rather, from 6 percent to ocean and coastal States. But I would

VerDate Mar 15 2010 01:31 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00033 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.066 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5136 CONGRESSIONAL RECORD — SENATE June 25, 2013 love to hear his experience and his I thank my friend, and I thank the same paralyzing partisan gridlock that views as well. President for his bold leadership and is all too common. This kind of par- Then I see the Senator from Con- very effective and courageous action he tisan gamesmanship should stop. I necticut is on the floor, who is wel- is taking today. know her well. I can assure this body of comed to either join in the colloquy or Anybody who questions the need for her qualifications, as I have done be- to make a statement, as he wishes. action in this area need look no further fore. Mr. SCHATZ. Madam President, than the shorelines of Connecticut She has worked in the Presiding Offi- through the Chair, I would like to an- which were devastated by Superstorm cer’s State of Massachusetts, as well as swer the Senator’s question and then Sandy and have been repeatedly hit my State of Connecticut. She has yield to the Senator from Connecticut. over this past year by a rash of unprec- worked with Republican Governors. I thank my friend for pointing out edented severe weather events. Con- She has exemplified the kind of bal- that this is not just for those of us who necticut has been through extraor- anced, sensitive, and responsive ap- consider ourselves environmentalists, dinarily severe and serious weather proach to business needs and interests this has become an economic issue as events that may become the new nor- as well as to environmental protection. well. This has become a question of our mal. She is well respected in the environ- national strategic priorities. There is a We hate to think of these kinds of ment and business communities be- reason that Admiral Locklear, the storms, tornadoes, and hurricanes as cause of her dedication to developing head of the U.S. Pacific Command, the regular order. In fact, that havoc practical solutions in facing this set of gave an address in which he called cli- may be the new normal for many environmental challenges. Her leader- mate change the strategic threat in the States and, indeed, the new normal for ship, along with the President’s vision Pacific theater. That is not because he all of America, which is why the Presi- today, is so very important. is a member of the League of Conserva- dent’s leadership today is very impor- There is a group of us who are work- tion Voters or the Sierra Club, it is be- tant. Without action, we will suffer the ing together. I am proud to be a part of cause he understands what is hap- effects of inertia and continued pollu- that effort. I have cosponsored legisla- pening throughout the Pacific theater. tion contamination. Climate disrup- tion that would protect some of Con- There is a reason that Secretary of tion is the result of human contribu- necticut’s treasured bodies of water, the Navy Ray Mabus is leaning so tion, human inaction, and human fail- including the Farmington River, the heavily forward on the question of ure to address these problems. In fact, Salmon Brook, and Pawcatuck River biofuels and clean energy. Again, it is inaction is unacceptable. Inertia is in- as part of the National Wild and Scenic not because his job is to be concerned tolerable. This kind of leadership from Rivers System. with global climate change. His job is the Senate, as well as from the Presi- I have joined with members of the to make sure the Navy is as prepared dent, is a moral obligation to protect New England delegation to urge the as possible from a fuel standpoint and the climate for our children and our Army Corps of Engineers to complete from a readiness standpoint. He sees grandchildren. its study of the Connecticut River so new fuels as the way to go. In the last 30 years asthma rates we can better understand the human The other part of this equation from have doubled. In the last year alone impact on that river and improve its the Department of Defense perspective our Nation has faced droughts, floods, system. All of these efforts will be for is the amount of money we have to and extreme temperatures in almost naught if America and humankind fail spend forward operating to protect our every corner of the country, which to address the fundamental challenge fuel supplies and fuel lines. To the ex- exacts a cost in dollars and in human we now face, which is to end our con- tent we can have smart grid tech- lives as well as suffering. These kinds tribution to climate disruption, stop nology, better battery storage tech- of extremes in climate are destructive the drift and inertia, accept that we nology, new renewable energy genera- and deadly. The health-related costs of must act and act now. The President’s tion, and better efficiency, all of that climate change literally add billions plan is only an example of the kind of helps our troops, especially as they are more to our debt. bold approach we need to combat the forward deployed. Connecticut has suffered major disas- impacts of climate change. I thank the Senator from Rhode Is- ters six times since 2010. There have With the Presiding Officer’s approval, land for pointing out that there is a been six disasters in less than 4 years, and with the Senator from Rhode Is- broadening recognition that this issue and that compares with six disasters in land’s acquiescence, I will yield to my goes beyond conservation or anyone’s a 30-year period from 1954 to 1985. So colleague from Connecticut for his particular concern with the natural en- we know firsthand how climate disrup- comments. We share a State, and we vironment narrowly speaking. This is a tion—it is not just climate change, it is also share a view that our children—his question about the cost of insurance, climate disruption—can affect our two and my four—will benefit from how much we have to spend on flood daily lives. what we do together as a body, as a mitigation, and how much we have to We have an opportunity, as well as group, and as a country. spend in terms of disaster mitigation. an imperative, to act now. We need to I yield the floor. This is now pervading our entire econ- take simple steps, and we know what Mr. MURPHY. Madam President, we omy. It is costing the Federal Treasury they are: upgrading and modernizing have a lot in common. We share the billions of dollars, and so the cost of our existing powerplants so they emit fact that we are both parents. In fact, doing nothing at this point exceeds the less carbon, investing in clean energy I am the father of two little boys—a 4- cost of action. research and development, and invest- year-old and a 1-year-old. If they are I yield the floor for the Senator from ing in fuel cells. lucky enough, they might get to live to Connecticut. Connecticut is the fuel cell capital of see the year 2100. They might be The PRESIDING OFFICER. The Sen- the Nation and could be the fuel cell around for the end of this century, as ator from Connecticut. capital of the world. By doing what I opposed to the rest of us who will not Mr. BLUMENTHAL. Madam Presi- just mentioned, combined with other see that day. I shudder to think about dent, I thank both of my colleagues. measures that are easily within reach, the Connecticut they are going to have We will soon be joined by another col- we can help save lives and dollars in to deal with 80-some years from today league in this colloquy, my colleague this effort. The investments we are if we don’t act right now. and friend from Connecticut Senator making in infrastructure—the public This isn’t science fiction that we are MURPHY. investments—can also help us to go in talking about. In New England we are I first want to thank the Senator this direction. talking about a 1- to 3-foot rise in sea from Rhode Island. He has been a con- There are commonsense and nec- level by the end of this century. Just a stant and extraordinarily eloquent essary actions that we have an obliga- handful of inches is catastrophic in speaker on this subject. He has regu- tion and an opportunity to take now, some parts of the globe, but a 3-foot larly been reminding us of our obliga- and one of them is the appointment of rise in sea level in the State of Con- tion even before the President outlined Gina McCarthy to head the EPA. Her necticut on a shoreline that has al- his vision of what we need to do today. appointment is now stalled by the ready been battered—as Senator

VerDate Mar 15 2010 01:31 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00034 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.067 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5137 BLUMENTHAL mentioned—by storm In fact, we just got good news last but the rate of carbon pollution has after storm would be absolutely cata- weekend that the President, along with doubled in the last 30 years. Thirty clysmic. the head of the Chinese Government, years ago the rate was, on average, one The Connecticut my children may be has come to an agreement to try to re- part per million per year. Now the av- living in at the end of this century work the Montreal protocols with re- erage rate is two parts per million per would bear almost no recognition to spect to a reduction in the admittance year. So not only have we not de- the one in which they live now. Every of HFCs, one of the most disastrous creased and leveled out, but the steep- single week and every single month and insidious climate pollutants. est of the curve has doubled, which that we don’t do something is another This is a very good day. We have means that 5 years from now we will be step closer to that future world which given a signal to the international at 410 and 10 years from now we will be we now think of as one of fantasy. community that we are ready to lead. at 420. What this represents is a very Connecticut is also home to some of We have given a signal to millions of bleak future for humans on this planet. the biggest property and casualty in- kids across the country who hope they By various estimates, it has been surance companies in the country— might be around at the end of this cen- somewhere between 3 million and 10 and, frankly, in the world. I think it is tury and that this country might have million years since our atmosphere had important to recognize the fact that some approximation to what we enjoy this level of carbon concentration. our inability to act is bankrupting this today. That means that in the time humans country right now as we speak. The There will be a big group of us—led have been on this planet, which is less property and casualty industry has by Senators WHITEHOUSE, MERKLEY, than 200,000 years, humans have never paid out $135 billion with respect to ex- and BOXER—who will be ready to work witnessed—have never lived in an at- treme weather events in 2012—$139 bil- with this President to enact this very mosphere of this concentration. We lion has been paid out. Now, that re- bold plan. As I mentioned, one of the have never left footprints in the sand sults in increased premiums, which re- leaders of this effort is my good friend when the atmosphere has this level of sults in skyrocketing costs for every- whom I yield to now, with the permis- heat-trapping gases. body across this country who is paying sion of the Presiding Officer, the Sen- Now we see it everywhere. We see it for property and casualty insurance. ator from Oregon. in Oregon in terms of our cascade gla- The taxpayers have likely paid about Mr. MERKLEY. Madam President, I ciers are getting smaller and our cas- $100 billion in terms of cleanup costs thank my colleagues from Connecticut cade snowpacks are getting smaller. and remediation costs just over the and Maryland and Rhode Island who Our pine beetle infestations—normally last year alone. Superstorm Sandy, and are down here sharing their stories and knocked down by cold winters—are the events that we have seen hit the their concerns about carbon pollution getting larger. Our fires are getting gulf and the east coast, are bank- and its impact on climate around the larger, fed by drought and dead trees rupting our Nation and bankrupting world. from the pine needles. Indeed, we have companies and private insurance pol- Indeed, it was just last October that had three record-setting droughts in icyholders as we speak. Those costs are I was engaged in a triathlon. In the the Klamath Basin in the last 30 catastrophic. first stage, the swimming was in the years—the worst ever droughts three The reason we have such a big group ocean in North Carolina. I had been times in the last 13 years. of Senators down here applauding the told to expect temperatures of 62 to 65 We are even seeing it in our Pacific President’s actions is also because we degrees. As I went down to the water Ocean oysters. Those oysters, when they are tiny, are very sensitive to the know the United States cannot do this with the first group of participants get- acidity of the water. The acidity has alone. We know we are going to have to ting off the transport bus, the first in gone up because carbon dioxide in the convince countries such as India, front of me stepped in the water and China, and developing nations to join water has gone up. said: Hey, folks, this water is really We have many examples just in my us in a global effort. We hope the inter- warm. Come on in. home State. If we look across the rest national climate talks are on pace to The temperature was not 62 degrees of the United States, if we look across or 65 degrees, the temperature of the get an agreement that could be opera- the globe, there are huge impacts ev- tive by the end of this decade, in 2020. ocean was 72 degrees. A week later erywhere, with multiples of impact at The world is still scarred by a unani- Hurricane Sandy struck the Northeast the poles, where the temperature mous vote in this Chamber to reject with incredibly devastating con- change is faster. the Kyoto protocols. The world is skep- sequences, powered by this much I applaud the President for saying we tical that the United States really has warmer ocean water. That is one of the must have a bold strategy to take on the courage to lead on this issue. many effects we are seeing of increased climate change. There are three big Even though this body remains para- carbon in the atmosphere, trapping the areas of carbon dioxide generation, and lyzed for the time being on this sub- Earth’s heat. those are electricity generation, trans- ject, having the President come out Perhaps the most important number portation, and buildings. His plan lays and make the proposals he has today we should all be aware of is the number out strategies in all three areas, and will hopefully give some confidence to 400. I put the number 400 on a chart so that is good. That is a starting point the people who will be sitting in Po- we could ponder it—400 parts per mil- for a much broader discussion on how land at the end of this year. Hopefully, lion. What that represents is a roughly we end our fossil fuel addiction. Addic- they will work out a climate agree- 50-percent increase in carbon dioxide as tions are hard to kick, but they are ment over the next several years on it is represented in the broader atmos- particularly hard to kick if we have which the United States—at least with phere since the start of the Industrial someone who is trying to keep us respect to the administration and the Revolution, going from 270 to 400. That hooked, and those who benefit from the Senators down on the floor—is willing is a lot of heat-trapping gases added to profits of burning fossil fuels are very to lead. the atmosphere. much trying to keep us hooked. So we Finally, I was pleased to hear the Indeed, when we were at 350, sci- have to recognize that requires an President talk about the specific issue entists started to say, before we hit 400, extra degree of dedication and effort on of fast-acting climate pollutants today. we need to dramatically reduce the all of our parts. We are going to have to get a global burning of fossil fuels so we will never I will wrap up and turn this over to agreement on carbon dioxide. In the hit 400 and the number will come back my colleague from Maryland, who has meantime, as we try to figure out a down and stabilize around 350. been a terrific champion on this topic bridge to that 2020 operative agree- If we were being graded as human and who has seen firsthand in Mary- ment, if we are able to work with the civilization on this planet on our effec- land many of the effects of global international community with respect tiveness in decreasing the burning of warming. to the climate pollutants of methane, fossil fuels and keeping the concentra- The PRESIDING OFFICER. The Sen- black carbon, and HFCs, we can make tion from increasing, we would be get- ator from Maryland. an enormous dent as we get ready for ting an F. We would be failing because Mr. CARDIN. Madam President, let that lasting agreement. not only did we soar from 350 to 400, me thank Senator MERKLEY for his

VerDate Mar 15 2010 01:31 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00035 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.069 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5138 CONGRESSIONAL RECORD — SENATE June 25, 2013 statement but more importantly for so we need national standards. That is of pollution. That is not unusual in what he has done to elevate the discus- exactly why the President has called Beijing. So China is now doing some- sion in the Senate on the need to deal for dramatic action and is taking dra- thing about carbon emissions. They are with our environment, to deal with en- matic action today. doing it because they have a political ergy, to deal with climate change. He Inaction will cost us dearly. We have problem because their people can see has been one of our true leaders in had more episodes of extreme weather the pollution and they have a tough ways in which we can live sensibly and recently, and that is based upon time breathing. People are actually in a way that is good for our environ- science and the fact that weather is issued masks that can supplement ment, good for our economy, and good changing as a result of carbon pollu- their oxygen intake because the pollu- for our health. tion in our environment, greenhouse tion is so bad in China. They are tak- I also notice Senator WHITEHOUSE is gas emissions. Between 2011 and 2012, ing action. They are developing alter- on the floor. I know he helped organize those types of extreme weather events native fuels. They are investing in all of us being here today. He has taken cost us more than $1 billion worth of solar and wind and in conservation be- on a leadership position in the Senate damage. The taxpayers of this country cause they know it is critically impor- in the area of climate change, and I paid for it because we believe that tant. personally wish to thank him because when we have emergency, extreme con- Quite frankly, what is needed is U.S. this has been a difficult challenge, to ditions, there is a community responsi- leadership. The international commu- keep us focused on one of the most im- bility to help deal with it. Well, we can nity is waiting for America to assume portant issues of our time. When we do something about it to mitigate that the leadership role, and I think the talk about a legacy we want to leave to type of damage in the future, and the international community is prepared future generations, it is our environ- President did that today in his call for to work with us. That is why President ment, it is our health, it is our econ- action in regard to climate change. Obama’s comments today were just so omy, it is our national security, and Superstorm Sandy has been referred timely—so timely to show that the Senator WHITEHOUSE has been in the to a couple of times on this floor. We United States is prepared to take ac- forefront of keeping us engaged on this saw the devastation of that storm, tion and to lead in the international issue so we could reach this day. which was very close to where we are community so we all can pass on a I applaud President Obama for his here in the Nation’s Capital. Last year cleaner environment, a safer world, a statements today, for his leadership, we had a record-setting number of con- cleaner world, a more economically and for his action plan on dealing with tinuous days of 95-plus-degree weather, viable world, a world that is more se- climate change. It is comprehensive. It so we know firsthand what is hap- cure for our children. President Obama is extremely timely. I think it is a pening. took a giant step forward toward that workable solution for us to be the lead- In my own State of Maryland and in vision with his comments today. ers in the international community in this region, we pride ourselves on the Let me yield very quickly back to dealing with the issues of climate Chesapeake Bay and what we have the Senator from Rhode Island, if I change. First and foremost, it is based done to clean up the Chesapeake Bay. I might. upon the best science. This is not a po- was with Senator CARPER on Monday, Mr. WHITEHOUSE. Madam Presi- litical issue, this is a science issue. Cli- and we had a good-news press con- dent, I know the Senator from Texas is mate change is real, and the way we ference on the Eastern Shore of Mary- waiting to speak. I wish to, first of all, have to deal with it should be based land talking about some of the positive thank the Senator from Maryland, who upon the best science. That is what results we have seen in the bay. is such a wonderful leader and ally and President Obama is seeking. We have worked to reduce the nutri- friend. He is very loyal to the needs I heard some of my colleagues who ent levels in the bay, and that is a very and concerns of Maryland in this area. are reluctant on this issue talk about positive element. It reduces the oxygen He has been terrific. the cost. I am glad they raised the deprivation in the Chesapeake Bay, and Earlier, the Senator from Oklahoma issue of cost because when we passed as a result we have had fewer dead said—I think I am quoting him cor- the Clean Water Act and the Clean Air zones than we had in the 1980s. That is rectly—that in the past 15 years, there Act, the recommendations of some in- due to the hard work we have done in has not been any increase in tempera- dividuals who weren’t exactly excited this region with farmers and developers ture—I guess to suggest this isn’t a with the bill required that we do a to reduce the nutrient pollutants. Yes, real problem and we don’t have to cost-benefit analysis on the cost of reg- we are dealing with storm water runoff worry about it. I tried to get the figure ulation versus the benefit to our soci- with farmers and developers, but we right, but I have double-checked it, and ety. That cost-benefit analysis shows also have to deal with the realities of I would like to correct myself. In the that we get four to eight times back in climate change. Warmer water kills past 15 years, 13 of those 15 years are savings for what it costs to regulate to sea grass. Sea grasses are critically im- the 13 hottest years on record. So the get clean air and clean water. That is portant for the diversity of the Chesa- past 15 years has been a period of very just the direct economic issues. We peake Bay. So this issue affects my re- unusual heat. also get a healthier lifestyle. We get gion, it affects our entire country, and What happens when you have that air we can breathe. We are able to inaction can cause extreme damage. type of unusual heat? What happens enjoy the environment. That is a plus The biggest sources of carbon pollu- when you have the climate disrup- in addition to the direct economic ben- tion—and my colleagues have already tion—to use the good phrase of Senator efit. talked about it—are powerplants. The BLUMENTHAL. You end up with added I wish to talk about my experiences President talked about that, and he storms. in Maryland. Maryland took a leader- talked about how we deal with trans- This is a graph prepared by the insur- ship position. We passed some of the portation and how we deal with our ance industry—not exactly a bunch of toughest clean air standards in the buildings. No. 1 on our list should be liberals. This is how they make their country. We invested $1 billion in conservation. The less energy we use is money. They want to get it right. They cleaning up our energy-generating the easiest way we can reduce our car- have graphed the storm activity, start- plants. Do my colleagues know what bon footprint. We also have to develop ing all the way over there in 1980, com- that meant for Maryland? That meant alternative fuels, and we have to be ing here to 2012. 2,000 more jobs. We created jobs by much more aggressive in doing that. So if you go back in the last 15 years cleaning up our environment. But we I heard a lot of people talk about the here, you will see a significant increase need national help. Why? Because air international reaction and what other in storm activity—the type of major doesn’t exactly stop at a State border, countries are doing. Two weeks ago I storms the insurance industry has to and we are downwind from many other was in China. I was in Beijing. I was pay for, so they care very deeply about States. The people in Maryland are suf- there for a couple of days. I never saw this. They get their data right, and I fering from dirty air not as a result of the Sun, and that wasn’t because there think they can be trusted. what is being generated in Maryland were clouds. There were no clouds in I also think that the 13 out of 15 but what is being generated elsewhere, the sky. I couldn’t see the Sun because being the hottest years on record can

VerDate Mar 15 2010 01:34 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00036 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.070 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5139 be trusted because that is science that for this and talking about this—we fore, the kinds of things you see is that comes from NASA. I do not know need Presidential leadership. We saw the soil turns to almost dust. It cannot where the Senator from Oklahoma was that today. The speech that was given absorb water. It is not a natural forest getting his data, but I will trust the here in Washington really detailed a environment. So this has a dev- scientists at NASA. These are people lot of the important work that needs to astating, devastating impact, and it is who have put an explorer the size of an be done. overlain by a drought, which also has SUV on the top of a rocket, fired it off We both serve on the Environment been going on about 12 or 13 years. into space, sent it to Mars, landed it on and Public Works Committee. We know I want to point out and read from a the surface of Mars, and they are now how important it is to get an EPA Ad- recently issued report from one of our driving it around on the surface of ministrator in place and to move for- great national laboratories, Los Ala- Mars. I do not think these are sci- ward with the greenhouse gas regula- mos National Laboratory, where they entists who are incapable of getting it tions the Supreme Court has now said talked about the drought-stress for our right. So I trust the insurance industry we can move on. forests. The drought-stress of forests in for these numbers about storms. I trust So this is a big day, and I think there the Southwest ‘‘is more severe than the NASA scientists for the numbers are many of us in the Senate who are any event since the late 1500s about temperature. willing to work on a bipartisan basis. megadrought’’—the late 1500s I think it is pretty clear that we are We hope a lot of our Republican friends megadrought—that ‘‘probably led to way out of the bounds of history, as will step forward and see that there is deaths of a large proportion of trees Mr. MERKLEY, the senior Senator from a space here to talk about climate, to living at the time.’’ Climate projec- Oregon, said. The entire history of our try to work with each other. tions predict that ‘‘the mean forest species on this planet—until the Indus- I applaud the President for what he drought-stress by the 2050s will exceed trial Revolution and our great carbon did today, how specific he was in terms that of the most severe droughts in the dump—has been within 170 to 300 parts of the EPA and greenhouse gases, how past 1,000 years.’’ per million. That has been the range specific he was about policies through- So there is no doubt that climate for as long as we have been a species on out the government. change is real, that the costs are real this planet—until this sudden up-surge, I wanted to, in what is left of my 5 and the costs are not just monetary. and that has now taken us to 400. It is minutes, talk a little bit about the This is a direct challenge to our way of a novelty, if that is not too frivolous a Southwest. SHELDON WHITEHOUSE and life, and no one can really put a price word to use for such an excursion out- the others have talked about their re- on that. side of the bandwidth in which our spe- gions of the country, but really what America needs a ‘‘do it all, do it cies has inhabited this planet through- we are talking about in the Southwest right’’ energy policy, taking on the out our entire existence. is that from the climate models—just twin threats of climate change and de- I see the Senator from New Mexico business as usual that we see—if the pendence on foreign oil. With policies and the Senator from Texas organizing temperatures go up 1 degree in other that encourage innovation in energy who is going to speak next, and I will places in the United States, it is double technologies, we can create jobs in an respectfully yield to whichever one of that in the Southwest. advanced energy economy. them wishes to proceed. But I do want So essentially what you have is, if— So I am pleased to hear the President to thank my colleagues for coming to and imagine a mouse and you are commit to taking bold actions. It the floor today to discuss this issue. clicking on something on a screen and would be even better if Congress moved Senator MURPHY from Connecticut, dragging it—what we see happening is forward with bipartisan actions. But Senator MERKLEY from Oregon, Sen- New Mexico going 300 miles to the we have seen that option hijacked time ator SCHATZ from Hawaii, Senator south, if you maintain business as and time again. BLUMENTHAL from Connecticut, Sen- usual and you get down the road about It is time for us—as a nation—to ator CARDIN from Maryland, and now 75 years, although it is hard to look move forward. The science and facts Senator TOM UDALL from New Mexico down that far—if you put New Mexico are clear. It demands a response that all have been here on very short notice 300 miles to the south, you are down in matches the scale of the problem. because we all want to support this the middle of the Chihuahuan Desert. In 2007, the Supreme Court ruled that President in his decision to move for- It completely changes the landscape of the Clean Air Act requires EPA to set ward on regulating our carbon pollu- New Mexico. Your forests are not going public health standards for climate tion and beginning to forestall the to hold snowpack anymore. Your tem- change pollutants. The Senate has de- damage it is doing to our economies, to peratures are going to be much higher. feated several efforts to block EPA’s our States, to our coastlines, to our Everything is going to change pretty efforts. forests, to our farms. If anything, one dramatically. The President has committed to put could say it is about time, but it cer- Let me give an example. One of our limits on carbon pollution from exist- tainly is time, and I applaud that the communities in New Mexico has a wa- ing powerplants—powerplants that are President has stepped so well forward. tershed where they get 40 percent of the single greatest source of U.S. I yield the floor. their drinking water drawn from the greenhouse gas pollution. The PRESIDING OFFICER. The Sen- snowpack and in two reservoirs. Many The President is instructing EPA to ator from New Mexico. of our communities in New Mexico are work with the States and industry. I Mr. UDALL of New Mexico. Madam like that. With snowpack gone, they agree. The EPA recently reached a President, I thank Senator WHITEHOUSE will have to then go to another way of major agreement with New Mexico and very much—him and the other Sen- getting water. And making up 40 per- our State’s largest utility, PNM. As a ators who have been down here talking. cent is very difficult, especially if the result, we are cleaning up the air in I would ask the Chair—Senator CRUZ other areas—for example, the aquifers New Mexico, reducing carbon pollu- has been very generous. It was his turn that are under that particular area or tion, with more natural gas and more to go, and I said I could finish this in town—if those aquifers are also being renewable energy. 5 minutes. So I would ask the Presiding drawn down because there is no This type of collaboration should Officer to indicate when 5 minutes is snowpack. Then you just continually continue. But we need strong leader- up, and I will yield the floor, then, to mine the waters. So that is the situa- ship at the EPA. On March 4, the Presi- him and ask unanimous consent that tion with the snowpack. dent nominated Gina McCarthy to lead he get the floor after me so that there The other thing that is happening in the Environmental Protection Agency. is not any issue there. our forests is they are burning much And now, almost 4 months later, Ms. The PRESIDING OFFICER. Without hotter, and they are burning out of McCarthy is still awaiting action, de- objection, it is so ordered. control. We are seeing bigger and big- layed by a filibuster threat. Mr. UDALL of New Mexico. Madam ger fires. Every couple of years, we We need Ms. McCarthy at the helm of President, I say to Senator WHITE- break the record from a few years EPA, working with stakeholders to HOUSE, one of the things the Senator back. With these fires burning so much find win-wins on the environment and and I know—and we have been asking hotter than they have ever burned be- our economy.

VerDate Mar 15 2010 01:34 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00037 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.072 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5140 CONGRESSIONAL RECORD — SENATE June 25, 2013 The President has signaled that the What does the Gang of 8 bill do to ObamaCare is putting on his business, problem of climate change cannot change that? Well, the Gang of 8 bill if Joe forcibly reduces the hours of 25 wait. The delays must end. We can re- takes some 11 million people who are U.S. citizen employees or 25 legal im- duce emissions in a smart way. here illegally and it grants them what migrant employees to below 30 hours a I urge my Republican colleagues to is called RPI status—registered provi- week, Joe saves potentially $125,000 a help us confirm Gina McCarthy as the sional immigrant status. I have many year in tax penalties, $5,000 apiece Administrator of the EPA without fur- concerns about legalization prior to se- times 25 employees. ther obstruction. curing the border, but this concern is In contrast, if Joe says instead, I The President’s action today is one altogether separate from that, and it is want to reduce the hours forcibly of of many crucial steps to address the the simple reality that anyone granted those who are here illegally who have problem, and I applaud him. Govern- RPI status—anyone granted legaliza- received legalization through the Gang ment at all levels, business leaders, and tion under the Gang of 8 bill—is ex- of 8, Joe saves zero dollars in tax pen- people across the country—and around empted from ObamaCare, which means alties because he is not paying a tax the world—need to work together. that the employers who would be hir- penalty regardless of whether those We need to develop adaptation strat- ing them do not face the ObamaCare here illegally are working 30 or 40 egies for those most affected by cli- tax of $5,000 per employee, whether hours or more. The question I would mate change. We need to protect future U.S. citizen or legal immigrant. pose to the Presiding Officer is, whose generations, with transitioning to an What does this mean in reality? Let’s hours will Joe reduce? energy economy that produces cleaner take an example, a simple hypo- This statute puts an enormous incen- energy. thetical. Madam President, I would ask tive, an incentive from Congress, for My State is a very special place. you to envision a small business: Joe’s Joe to forcibly reduce the hours of U.S. Throughout my career, I have com- Burger Shack. Joe’s Burger Shack is citizens and of legal immigrants. mitted to protecting its pristine land- owned by a small business owner. It is Let me give a third and even more scapes, its special ecosystems. This en- a series of small fast food restaurants stringent example. Imagine if Joe is vironmental stewardship runs deeply in in any given State. It could be my facing great financial burden, as a lot my family. home State of Texas or any State of small businesses are, as a lot of small businesses are struggling. Imag- Climate change threatens our econ- across the Union. omy in New Mexico and across the Let’s assume that Joe’s Burger ine if Joe instead made the decision to country. It affects our security, and Shack has 100 employees and that at fire all 100 workers, all 100 workers who our way of life. Joe’s Burger Shack, with 100 employ- happened to be U.S citizens or perma- The threat of global warming is real, ees, business is doing relatively well, nent legal residents and instead hire and so must be our commitment to fu- people are eating more hamburgers, only those who are here illegally or ture generations. and Joe decides he wants to hire 5 more have been legalized under the Gang of So let me conclude and say that once people. If Joe and Joe’s Burger Shack 8. The consequences, simply doing the again I thank Senator CRUZ for his decide they want to hire five more peo- math at $5,000 an employee, mean Joe courtesies. ple, if Joe chooses to hire five U.S. citi- could save $500,000 a year in tax pen- With that, I yield the floor. zens or if he chooses to hire five legal alties. Actually the way ObamaCare The PRESIDING OFFICER. The Sen- permanent residents—five legal immi- works, it is a complicated formula ator from Texas. grants—Joe faces a penalty of $25,000 where there is an alternative avenue Mr. CRUZ. Madam President, I ask for doing so—$5,000 apiece right off his where Joe could well be paying $2,000 unanimous consent that the Senate bottom line to the IRS. In contrast, if per employee minus 30, which would temporarily set aside all pending Joe decides instead to hire five RPIs, get down, when you factor in the tax amendments so that I may offer my who came here illegally among those 11 savings, to about $200,000. But any way amendment No. 1580. million who are here illegally but you measure it under ObamaCare’s The PRESIDING OFFICER. Is there granted RPI legalization under the complicated tax penalty formula, Joe objection? Gang of 8 bill, Joe pays a penalty of could potentially save hundreds of Mr. WHITEHOUSE. Objection. zero dollars. thousands of dollars by firing his U.S. The PRESIDING OFFICER. Objec- Let me ask a simple, commonsense employees—U.S. citizen employees or tion is heard. question. In this instance, who is Joe, his legal resident employees and in- Mr. CRUZ. Madam President, the the small business owner, going to stead hiring those who are here ille- amendment I would have called up had hire? This bill creates an enormous in- gally. not the majority party objected is an centive to hire those here illegally, and That does not make any sense. That amendment that would have corrected at the same time it does it by creating is not an incentive anyone rationally one of the most egregious aspects of a statutory penalty for hiring U.S. citi- would set up. That is what this Gang of the Gang of 8 bill; namely, it is a pen- zens and for hiring legal immigrants. 8 bill does. You know, to share how alty that is imposed on U.S. employers That makes no sense. real this incentive is, this penalty for for hiring U.S. citizens and for hiring Let me give a second example. Sup- hiring U.S. citizens and legal perma- legal permanent residents. It is a strik- pose Joe is facing harder times. Be- nent residents, I wish to read a letter ing result of the Gang of 8 bill as it cause of ObamaCare penalties, Joe from one of my constituents, Mr. Allen intersects with the ObamaCare legisla- makes the decision that a great many Tharp, who is chairman and CEO of Old tion. fast food restaurants have made—to England, Lion and Rose Restaurant, Let me explain how it operates. forcibly reduce workers’ hours. Ltd. in San Antonio. Right now, for any company with 50 or ObamaCare kicks in when a worker He wrote a letter that reads as fol- more employees, if that company does works 30 hours a week, so a great many lows: not provide a sufficiently high-dollar small businesses—and in particular My name is Allen Tharp. Since 1985, I have been the sole owner and CEO of Allen Tharp health insurance policy for low-income fast food restaurants—have been forced workers, that company faces a fine of LLC, as well as the Lion and Rose restaurant to forcibly reduce their employees’ chain, and a partner in the Golden Chick res- $3,000 per worker. Moreover, that fine hours to 29 hours a week or less. taurants. Our corporate restaurants provide is not deductible in the company’s Now, imagine that of Joe’s 100 em- well over 1,000 jobs to fellow Texans, and our taxes, which means that as an effective ployees, 25 of them are RPIs—are for- franchise restaurants provide many more. matter to the company, the penalty is merly illegal immigrants who have re- I’ve been following the current debate over in the order of $5,000 per employee ceived legalization under the Gang of immigration reform very closely and want when you factor in the tax con- 8—and 75 are either U.S. citizens or you to be aware that this bill, coupled with sequences. That is the present status the new ObamaCare legislation, makes it legal permanent residents. much more affordable for a business like quo under ObamaCare. That is the pen- Well, if Joe wants to reduce the mine to employ Registered Provisional Im- alty that is visited upon U.S. employ- hours of 25 of his employees both below migrants than American workers. I do not ers for hiring U.S. citizens and for hir- the 30-hour threshold because times are believe that was the intention of either legis- ing legal immigrants. hard and he cannot afford the burden lation, but it is the irrefutable effect of both.

VerDate Mar 15 2010 01:34 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00038 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.043 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5141 ObamaCare, as documented in numerous To put that in raw numbers, that is 80 ple, in the fast-food industry, are so news stories, already creates an incentive for million employees. I would suggest 80 often the first or second job a young businesses to cut hours in order to avoid million employees is, on any measure, teenager gets as he or she begins to triggering the 50 full-time employee thresh- climb the economic ladder. If Congress old that requires businesses to pay a fine if not miniscule. they do not provide government-approved The second basis of the so-called fact passes a bill that puts a major eco- health insurance. Because of this law, I have check, the second response from the nomic penalty on hiring a U.S. citizen been forced to cut back every single hourly bill’s proponents was that, well, under or legal permanent resident, he or she employee in each of my companies to no current law it is illegal for a potential may never get that job. more than 28 hours per week. Cutting sched- employer to ask about a person’s immi- I wish to read a letter from another ules from 40 to 28 hours per week has caused gration status. I would note this is a constituent who is president of Pain- some hardship on many employees. However, particularly facile response that al- less Performance, a high-end car parts our choice is to either provide part-time manufacturer in Fort Worth, TX. The work or no work at all because our business most surely came from a lawyer. As a cannot afford to comply with the severe con- lawyer myself, I will say it is precisely letter reads as follows: sequences that would be imposed on us under the sort of response that causes people My name is Adrian Murray. I am an immi- this law if we continue to provide full-time to love lawyers as they do, oh, so much grant. My parents moved to America from employment to all these employees. in today’s society. Because, yes, it is Ireland 55 years ago to seek opportunity and If the current immigration bill before the true there is a provision in statute that a better life. At the time, new immigrants had to have a sponsor and proof of future em- Senate, however, is made law, a business says: You cannot ask about a person’s could hire Registered Provisional Immi- ployment. I still have the letters written to grants instead of U.S. citizens and avoid immigration status and base employ- the INS on their behalf. My parents later be- triggering ObamaCare regulations and fines. ment decisions on that. But the statute came naturalized citizens and raised me to Hiring RPIs over American workers, from also requires you to check their immi- respect America, her customs and her laws. a purely economic point of view, would be gration status before you hire them. That was back in the day when being an the best thing for my business. I personally Moreover, there is no provision for em- American citizen was prized. To stand before do not believe this is the right thing to do. ployees volunteering this information. a judge with hand raised, pledging allegiance and fidelity to America was the dream of But surely some of my competitors would. If this bill passes, if there is a massive ObamaCare and the immigration bill is forc- millions around the world. We devalue Amer- ing employers to make extremely difficult incentive to hire RPIs over U.S. citi- ican citizenship by making it a cheap tool choices. I do not want to be in the position zens, the simple reality is there will be for political gain. of choosing to grow my business or choosing massive economic incentives for em- My parents taught me to respect America’s to pay my fellow Americans. I want to do ployers to do so. exceptionalism and therefore honor the in- both. ObamaCare and the immigration bill Let me note this point is utterly ir- stitutions of this nation. Because of their ex- will prevent me from doing so. relevant when it comes to reducing em- ample, I have built a successful business This is a real CEO, facing the real in- ployee hours. Because even if you en- with 52 employees. Many of those in my plant are legal immigrants from Vietnam. centives of running a business under gage in the ‘‘Alice in Wonderland’’ They, too, came here the right way and en- ObamaCare and looking at what would world where employers do not know if dured much hardship to earn their citizen happen if this Gang of 8 bill passed into an individual is an RPI or a U.S. cit- status. What am I to tell them, that their law. izen, once they are hired, as a matter sacrifice was meaningless, that they should What are the potential counterargu- of legal requirement, they do know have just snuck in, that their citizenship has ments to this concern? Well, in the way that. If they are then subsequently no value, that the joke is on them? of Washington, we do not actually have making a decision on whose hours to Well, I would never exercise the option of to predict, because the proponents of reduce, the overwhelming economic in- replacing them with cheaper ObamaCare-ex- empted workers. Would they not be justified this bill have followed a long tried and centive would be to reduce the hours of in questioning the motives and validity of a true path in Washington; namely, they the U.S. citizen or the legal immigrant government which would even consider giv- have gone to an ostensibly neutral re- rather than those who are currently ing an employer that option? What has this porter at a mainstream publication and here illegally. nation come to? urged them to ‘‘fact check’’ the claim I want to ask the Presiding Officer, It is getting harder and harder to recognize the Gang of 8 bill with ObamaCare this penalty on hiring U.S. citizens and America. A nation which once proudly held would put a penalty on hiring U.S. citi- on legal immigrants, who is this going fast to the virtues of liberty and freedom is zens and legal immigrants. And to fact to hurt the most? Well, it is not going now seriously contemplating a law which amounts to nothing more than thinly dis- check, the reporter compliantly gave to hurt companies that are doing nu- guised human trafficking. Once the world’s the answers to the responses that are clear science research. It is not going greatest deliberative body, the Senate is set given by the Gang of 8. But I would to hurt companies that are designing to vote this bill into law without bothering suggest that those responses are, on satellites. It is going to hurt the work- even to read it. This cannot be. This must their face, singularly unpersuasive. ers who are working in the sorts of jobs not stand. The first response the Washington Post where they face competition from It is not too late. At the outset of my Fact Checker put up was a claim that those who are here illegally. It is going remarks, I asked unanimous consent to CRUZ is creating a mountain out of a to hurt workers, for example, in the call up my amendment to fix this prob- mole hill because ‘‘the impact on em- fast-food industry. It is going to hurt lem, and the Democrats in this body ployers is almost too miniscule to be workers who are working in land- objected. My amendment would address noticed.’’ That is a quote from our scaping, in construction. this problem by providing that friends at the Washington Post in their Who is it going to hurt the most? If ObamaCare shall be defunded until so-called ‘‘fact check.’’ The basis of you look right now, today, under the there are no longer any registered pro- this is they said, well, gosh, there are a Obama economy, who is being hurt the visional immigrants in line. This is the lot of companies that do not have 50 most by the Obama economy? Those one way to correct this problem, to employees. The number of companies who are the most vulnerable among us. correct the statutory penalty on U.S. with more than 50 employees is really Hispanics today have a 9.1-percent un- citizens and legal immigrants, if this small or, as they put it, ‘‘almost too employment rate. Hispanic U.S. citi- bill were to pass. miniscule to be noticed.’’ zens, Hispanic legal immigrants will be As we have just seen, the majority I am going to suggest the claim that directly harmed by this outcome. Afri- party has chosen to object to bringing companies with more than 50 employ- can Americans have a 13.5-percent un- up that amendment. Indeed, so far, we ees comprise a share of the economy employment rate right now under the have not had an open debate on amend- that is ‘‘miniscule’’ is facially absurd. Obama economy. It has gone up under ments on this bill. I would note that a Indeed, if you look at the data, 71 President Obama. African-American number of proponents of this bill percent of all U.S. employees work in a workers will be hurt by this statutory claimed they were going to fix this. business with more than 50 employees. penalty on hiring U.S. citizens and Here are a few of the comments spon- So, according to the Washington Post, legal immigrants. sors of this bill have made concerning it is an objective fact that the employ- Teenagers face an unemployment the amnesty tax loophole. ers for 71 percent of U.S. employees are rate of 24.5 percent. Teenagers, in par- From my friend, the senior Senator ‘‘almost too miniscule to be noticed.’’ ticular, if you look at jobs, for exam- of Arizona, Mr. JOHN MCCAIN:

VerDate Mar 15 2010 01:34 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00039 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.074 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5142 CONGRESSIONAL RECORD — SENATE June 25, 2013 I think that is an issue, and I think that it cause this bill penalizes hiring His- talking about the political ramifica- needs to be addressed. panics who are U.S. citizens or His- tions of some bill or some vote. Also from Senator MCCAIN: panics who are legal immigrants who He sat back in his chair and said: We cannot give people who are not citizens followed the rules. You know, it is hard enough around the same benefits; that is the fundamental If this bill passes, youth unemploy- here to figure out what the right thing principle . . . we are trying to work around ment will almost certainly go up be- to do is. When you add the politics on it so that an American citizen is competitive cause it is young people in particular top of it, it becomes practically impos- for a job. who are just beginning the journey up sible. A quote from a senior Democratic the economic ladder who will be most That was the way he thought and aide: impacted by Congress deciding to put a that was the way he acted. In fact, I We are willing to work through these $5,000 penalty on hiring that U.S. cit- once sent him a memo as a young staff issues as the bill works its way through the member that had some political rami- Senate. izen, hiring that legal immigrant and, instead, give a preference for hiring fications of a particular vote. I wish I I am sorry to tell you, those promises those here illegally. had saved the memo because in his in- have not materialized. We haven’t If this bill passes, union households’ imitable scrawl at the top of the page worked through these issues. I cannot unemployment will very likely go up when it came back to me it said: I pay help but think, with an issue such as because it is working-class households you for policy, not political advice. this, of the very real impacts it has on that are facing the most direct com- That was the kind of guy he was. One so many families. At least in my fam- petition. If that happens, it will be the of the things which I noticed about ily that impact would not have been fault of the Senate. him, which was a tremendous influence hypothetical. If this bill passes, unemployment on my life, was he was exactly the Fifty-five years ago my father came among legal immigrants will almost same person in private as he was in from Cuba as a legal immigrant. He certainly go up. What this bill says, if public. There wasn’t a different Bill was 18, and he couldn’t speak English. you hire an illegal immigrant, the IRS Hathaway on the stump, in Maine, When he arrived in Austin, TX, penni- is going to impose a $5,000 penalty on making speeches or on television than less, he took a job similar to so many the one I saw behind closed doors driv- other immigrants before him, washing you, the employer. If you don’t hire that legal immigrant, if you reduce ing around Washington or around dishes, making 50 cents an hour. I will Maine, through the small towns, get- say the food service industry has pro- that legal immigrant’s hours, if you hire instead someone who is here ille- ting a haircut or spending time to- vided such an opening portal for mil- gether. He was always the same person lions of Americans and for millions of gally, that penalty will go away. I would suggest that is utterly and with the same values and the same immigrants from throughout the concern for the people of Maine. world. completely indefensible. Nobody in this body wants to see African-American If you haven’t gathered it already, Yet if the Gang of 8 bill had been law Bill Hathaway taught me a lot about in 1957, along with ObamaCare—my fa- unemployment go up. Nobody wants to see Hispanic unemployment go up, how to do this job. ther who couldn’t speak English, who Next to my dad, he was probably the youth unemployment go up, union was very glad to make 50 cents an hour most influential adult in my life when household unemployment go up, legal so he could take that money and pay I was a young person. He was honest, immigrant unemployment go up. Yet his way through the University of he was smart, he was analytical, and Texas, go on, get a higher paying job, every one of those will happen if this he was motivated to do the right thing start a business, and work toward the Gang of 8 bill passes without fixing this for the people of this country and the American dream—my father very well problem. If that happens, all 100 Mem- people of the State of Maine. might have been fired because of the bers of the Senate will be accountable I have one personal story as well be- Gang of 8 bill, because the impact of to our constituents for explaining why cause I think it speaks to the kind of this legislation would have been to cost we voted to put a Federal penalty on person he was. his employer $5,000 for hiring him, a hiring U.S. citizens and hiring legal Unfortunately, when I was working legal immigrant. immigrants. In my view, it makes no here in 1974, I was stricken with a dan- I have to tell you, my father’s skills sense, and it is indefensible. I very gerous and unusual form of cancer. I at age 18, I wouldn’t characterize him much hope this body will choose to ended up having to have significant as a high-skilled dishwasher. He told pass my amendment and fix this gray surgery. I, again, was one of many staff me he got that job because he couldn’t defect in the Gang of 8 legislation. members who worked for Bill Hatha- speak English, and one didn’t have to Thank you. I yield the floor. way, but one of the most vivid memo- speak English to wash dishes. You had The PRESIDING OFFICER (Mr. DON- ries of my life was waking in the hos- to be able to take a dish and stick it NELLY). The Senator from Maine. pital after the surgery in the recovery under the hot water. REMEMBERING WILLIAM D. HATHAWAY room. Looking up, I saw my wife on This incentive would have been a Mr. KING. Mr. President, I rise in one side of the bed and standing at the massive incentive on his employer to sadness because America and the State end of the bed in hospital green scrubs say: Raphael, I am sorry, you are out of of Maine lost a friend yesterday, one of was Senator Bill Hathaway. a job because we are going to hire my predecessors in this office, Senator That was the kind of man he was. He someone who didn’t follow the rules, Bill Hathaway, who served 14 years in was a politician but in a good sense of didn’t come here legally, came here il- the Congress, 8 in the House and 6 in the word. He was a man who thought legally, because Congress penalizes us the Senate, from 1973 to 1978. about the people who took so seriously $5,000 for you, but it puts zero penalty I knew him well because I worked for the responsibilities of this office. We on that individual who is here illegally. him as a staff member in the Senate. In lost him yesterday. I think he was I cannot think of a more irrational, a fact, I was sworn in as a Senator 40 about 90 years old. He never lost his in- more indefensible system than a statu- years to the day from the day I entered terest in Maine, in people or in the tory authority for hiring U.S. citizens Senate service on behalf of Bill Hatha- issues of the country. or legal immigrants. way in January of 1973. I was fortunate to spend some time If this bill passes, a number of things I had a chance, as all staff members with him recently, and he hadn’t lost a will happen. If this bill passes, African- do, to see him up close, to see him op- step when it came to thinking about American unemployment, Hispanic un- erate as a Senator and as a person. I these kinds of questions. He was good- employment will almost surely go up. was asked today several questions natured, funny, and he was genuine. It will be the Senate’s fault because about him and what characterized Bill As I said at the beginning, Maine and this bill will penalize hiring African Hathaway. The first thing I said was he the United States of America lost a Americans, U.S. citizens or legal immi- always put people first. He really and friend yesterday, and he is one whom I grants and, instead, will incentivize truly didn’t pay much attention to pol- will miss terribly. hiring those who are here illegally. itics. He always wanted to do what was I yield the floor. If this bill passes, Hispanic unem- right. I remember being in his office in The PRESIDING OFFICER. The Sen- ployment will almost surely go up be- the Russell Senate Office Building and ator from New Mexico.

VerDate Mar 15 2010 01:34 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00040 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.076 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5143 Mr. HEINRICH. Mr. President, fixing are a number of challenges they face weeks of committee work, where there our broken immigration system is an that are unique. We have made great were a number of Republican amend- urgent priority. As the son of an immi- advances in border security in recent ments that were adopted as part of the grant myself, I understand how impor- years. Illegal border crossing apprehen- process and a number of Democratic tant this is for families across the sions are at historically low levels and amendments adopted as part of the country and in my home State of New have fallen in New Mexico by more process. Mexico. I know how hard immigrants than 90 percent since their peak back As somebody who was involved in the work in this country, how much they in 2005. We have more agents, more negotiating group that led to the bill believe in America, and how much they technology and infrastructure devoted reaching the Judiciary Committee, I are willing to give back to this Nation. to our border than ever before. Our actually think it was improved by both New Mexico’s remarkable spirit is challenge moving forward is to con- Republicans and Democrats. It has rooted in our diversity, our history, tinue to ensure our Nation’s safety been an unusual bipartisan effort, and and our culture, which has always been while balancing the need of our border it is the kind of effort the American enriched by our immigrant commu- communities to thrive and benefit people, certainly the people of Colo- nities and family members. At the from their unique binational culture rado, think is long overdue. They do same time, the laws that govern our and economy. not understand why we seem to be en- country’s immigration system are an- The mission of Customs and Border gaged in these fights that don’t have tiquated and ineffective. I am encour- Protection is to both safeguard our Na- anything to do with them instead of aged that we are finally making tion’s borders and facilitate lawful working to get together constructively progress toward a solution and finding international trade and commerce. to meet the challenges this country some common ground on this critical However, in the Paso del Norte region, faces. issue. which includes both west Texas and I think when it comes to this very We need a solution that includes a southern New Mexico, not all of our difficult issue of immigration—and it visa system that meets the needs of ports of entry are operating at full ca- is difficult, and there are strong feel- our economy, a tough but fair path to pacity. The high volume of commercial ings about it—it has been remarkable earned citizenship for the estimated 11 vehicles attempting to cross at the El for that reason; that we have been able million people in our country who are Paso port makes it extremely difficult to see what I would describe not even undocumented and a plan that ensures for CBP to efficiently service all the as a bipartisan process but a non- the security of our borders. would-be crossers while also maintain- partisan process, with people actually Our broken immigration system does ing security. coming together to resolve this issue. not match the realities of our Nation’s My amendment to extend the hours As a result, the objections to it, the economy. The H–2A program makes it of operation at the nearby Santa Te- substantive objections to it are falling difficult for farmers to hire the work- resa Port of Entry will lead to more ef- away. ers they need. There was an objection that somehow The H–1B program sends some of our ficient trade between the United States the bill was being rushed through. most talented students back to their and Mexico, will help to grow our econ- Well, no, it went through the regular countries of origin, where they find omy, create new jobs, and invest in order, which is very rare for this place. themselves competing against Amer- border security efforts at our Nation’s It shouldn’t be rare, but it is rare. It ican jobs rather than helping to create ports. got a full hearing in the Judiciary American jobs. On the subject of increased com- The labor pool, comprised of millions merce and the Paso del Norte region, I Committee, and there has been a full of undocumented workers, allows for want to thank Secretary Napolitano hearing on the Senate floor. worker exploitation and low wages. We for doing her part. Earlier this month There was an argument somehow it must ensure that our laws enable our she announced a plan to extend the was going to create horrible deficits, companies to retain the highly skilled border commercial zone in southern and it turns out the nonpartisan Con- foreign graduates of our universities in New Mexico. This initiative was spear- gressional Budget Office said, actually, science, technology, engineering, and headed by former Senator Jeff Binga- in the first 10 years it is going to im- mathematics, the STEM field, in order man at the Federal level, and it re- prove our deficit situation by $190 bil- to harness their skills, their creative ceived bipartisan unanimous support lion and over the next 10 years by an- activity, and their entrepreneurial back at home in the New Mexico State other $700 billion—almost $1 trillion spirit to create jobs in America. Legislature. Increasing the number of over the course of the next 20 years. A commitment to reform our coun- visitors traveling to the region will So, then, there was another argu- try’s immigration system also requires help U.S. businesses, local economies, ment, which was there is no border se- a commitment to our students. As a and bring in more tax revenue. curity as part of this legislation. In the strong supporter of the DREAM Act, I New Mexicans are eager for a solu- Group of 8 we listened hard to what the am glad this legislation acknowledges tion. DREAM Act students deserve a border Senators JOHN MCCAIN and JEFF that students should be treated dif- solution, and, frankly, our economy re- FLAKE, two Republicans from Arizona, ferently. I wish to especially thank quires a solution. With this in mind, I had to say about what they believed Senator DURBIN for his work seeing will continue to work with my col- they needed at the border. We went and this through to the end. leagues to ensure we achieve account- visited the border with JOHN MCCAIN Thousands of students across the able immigration reform that works and JEFF FLAKE to see what they be- country will gain more education and for New Mexico and for our Nation. lieved they needed on the Arizona bor- training, which translates into better Este es el ano. der. But there were other Senators who and higher paying jobs. All these extra Mr. President, I yield the floor, and I weren’t satisfied by what we put in wages will circulate through the econ- suggest the absence of a quorum. that bill, and so there was an effort omy, spurring economic growth and The PRESIDING OFFICER. The that was then led by Senator CORKER new job creation. clerk will call the roll. from Tennessee and Senator HOEVEN to I have met many DREAMers in New The legislative clerk proceeded to amend the bill, and we supported it. I Mexico, and they are incredibly bright, call the roll. supported that amendment. hardworking, and, frankly, most of Mr. BENNET. Mr. President, I ask In fact, that amendment got 68 votes them don’t know how to be anything unanimous consent that the order for the other night—or something like but an American. DREAMers represent the quorum call be rescinded. that. We were missing a couple of Sen- much of what is best about our Na- The PRESIDING OFFICER. Without ators. We would have had 68 or 69 if ev- tion—hard work, motivation, and a objection, it is so ordered. erybody had been here. willingness to serve this country in Mr. BENNET. Mr. President, I want- That is progress because that has uniform. I believe it is time to make ed to come to the floor tonight to talk built support for the bill—Republicans the DREAM Act a reality. briefly about where we are in immigra- and Democrats coming together around Finally, those of us who represent tion reform. We are moving along this the border security issue. I think it is border communities understand there week. We have come out of several very hard for anybody to make a real

VerDate Mar 15 2010 01:34 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00041 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.077 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5144 CONGRESSIONAL RECORD — SENATE June 25, 2013 argument this is not a significant at- people back to where they came from. bill. The demographics have changed in tempt to strengthen the border in this They are not seriously suggesting, in that State remarkably, as they have in country. answer to this issue, that nothing in my State of Nevada. His quiet concern We were already spending more the CBO report is true, that none of it for what we need to do and then his money on border enforcement than we makes sense, that this is about quiet movement to make sure we get do on any other Federal law enforce- ObamaCare when what we are really the things done we need to is evident in ment combined as it was. We had gone trying to do for once in this place is this immigration bill. to about 22,000 Border Patrol agents al- solve a set of challenging issues in a bi- Frankly, we had a discussion today ready as it was. Now we are doubling partisan way. in our caucus, as we have had on sev- that number—doubling—as an attempt Mr. President, even more than that, eral occasions, about student loans. No to respond to a very reasonable con- for a decade or more, because of our one is better prepared to talk about cern the American people have that the broken immigration system, the policy that issue than the Senator from Colo- border should be as secure as possible. of this country has been to turn back rado. He is not only concerned about So that is now part of this legislation. talented people—even people educated what happens to students who are in So those are three things people have at our universities, even people edu- college, but also he was a school super- argued: The process was too fast, the cated to be engineers and mathemati- intendent, understanding what people bill was going to negatively affect the cians. When they have graduated from who want to go to college have to deal deficit, and our border is still insecure. college here, at our expense, in many with. So I appreciate very much the Those were the arguments that were cases, we have not said to them: Stay statements of the Senator from Colo- made. here and build your business. Compete rado. He has done a remarkably good Now we don’t hear those arguments here and help us grow this economy. job, and the people of Colorado are so so much anymore. Now we hear scare Start a business—as half of the For- fortunate to have this good man in the stories about health care. We are hear- tune 100 or 500 companies have been Senate. ing scare stories about how this will af- started by immigrants. No. We have f said: Go home. Go home to India and fect our economy even though the non- MORNING BUSINESS partisan Congressional Budget Office compete with us from there. Go home has said we are going to see five addi- to China and hire other people over Mr. REID. Mr. President, I ask unan- tional points of gross domestic product there. imous consent that we now proceed to growth—GDP growth—in the second 10 If we pass this bill, we will say once a period of morning business, with Sen- years of this bill passing, as a result of again that this nation of immigrants is ators permitted to speak for up to 10 bringing people out of the shadows. open for business, that we are open to minutes each. The PRESIDING OFFICER. Without It is not as if the 11 million people the most creative and talented people objection, it is so ordered. who are here and who are undocu- in the world, that we want them to mented are not working. They are drive our economy in the United States f working. Many of them are working in just as they have generation after gen- CLIMATE CHANGE eration going back to our Founders. this country. Many of them are work- Mr. LEAHY. Mr. President, I agree ing in the agriculture sector in my It is a great testament to who we are and to the nature of our country that with the President that climate change State and in this country. Many are represents one of the greatest chal- working in other industries as well all people want to come here, and under the right circumstances we should have lenges of our time, but it is also a chal- across the United States. But they are them here. The CBO report—and I lenge uniquely suited to our strengths working in an unlawful way. They are don’t even care about the CBO report— as a country. Our scientists, research- working in a cash economy. They are makes it very clear—makes it very ers, universities and entrepreneurs working in a situation where they are clear—what businesspeople in my State stand ready to design and build new, easily exploited. Because of that, they already know: It makes it clear to the less polluting energy sources. drag down the wages of everybody in agricultural industry in my State, the Vermont’s and our country’s farmers America. high-tech industry in my State, the ski and forestland owners stand ready to Workers in my State who are here resorts in my State that the objections grow renewable fuels. American busi- and who are legal—l-e-g-a-l—are hav- of people of goodwill on this bill have nesses will innovate and develop new ing to compete in a marketplace where been met through compromise and energy technologies that will reduce there are people who can pay less be- through principled agreement. pollution and grow our economy with cause they know there are people who This is a good piece of legislation. We jobs that cannot be shipped overseas. have to take less because they do not shouldn’t, in this ninth or eleventh Our workforce stands ready to mod- have lawful recourse. hour or whatever it is—the ninth in- ernize our power plants and retrofit All the protections we put in this ning—allow ourselves to get distracted our buildings to meet 21st century effi- bill, all the protections to make sure, by the politics seeking to divide us in ciency standards. and rightfully so, an American is of- this Chamber or in this country. And I I stand ready to support the Presi- fered a job first; to ensure, and right- don’t believe we will. So I urge my col- dent, and Vermonters want to do our fully so, we are not bringing in a whole leagues to support the passage of this part. The important goals the Presi- bunch of new people when there are bill. dent has laid out today will create Americans looking for work—all of With that, I yield the floor. jobs, save lives and protect and pre- those protections pale in comparison to The PRESIDING OFFICER. The ma- serve our treasured natural resources the protection of bringing 11 million jority leader. for future generations. people out of the shadows and out of a Mr. REID. Mr. President, I hope the No single step can accomplish the cash economy and into a place where Senator wasn’t rushed completing his goals that President Obama has pre- they are paid a lawful wage and they statement, because I was listening in- sented today, but we must begin now, are paying their taxes to the U.S. Gov- tently and appreciating all he said and take these critical first steps to- ernment. today. gether. We owe it to our children and If all someone cared about, if the I haven’t had the opportunity to ex- grandchildren to address these threats only thing someone cared about when press through the instruments of this and be responsible stewards of the they got up in the morning and went to floor how much I appreciate the Sen- earth. Just as any Vermonter who has bed at night was rising wages for ator from Colorado. He has done such a hiked the 200 miles of Vermont’s beau- Americans, solving this issue finally terrific job. He has been one of the four tiful Long Trail can tell you, the jour- for the 11 million would be the most Democrats. He hasn’t sought a lot of ney begins with a commitment to important thing you could do. And we press on this, but he has been a stal- reach a goal, and a first step in that di- do that in this bill. wart in getting this done for a couple rection. The opponents of this bill are not se- reasons. Climate change is not a far-off or re- riously suggesting they are going to go One, his State of Colorado is a per- mote challenge. The impacts are over- to the expense of sending 11 million fect example as to why we need this taking us today around the globe and

VerDate Mar 15 2010 01:34 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00042 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.078 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5145 in Vermont. In the past 2 years, hurri- ADDTIONAL STATEMENTS keep customers satisfied. The narrative canes Irene and Sandy devastated the of his success was shaped by his hum- Northeast, while huge swaths from ble beginnings, earning $10 a day at age Texas to the Midwest have been REMEMEBERING W.A. ‘‘BILL’’ 15. Years later with his father-in-law, KRAUSE gripped in a historic drought, and tor- Tony Gentle, he pioneered the conven- nadoes have raked the heartland. ∑ Mr. President, today I wish to re- ience store concept of buying milk, member an Iowa farm boy whose leg- bread and eggs at the local gas station We can no longer willfully ignore endary work ethic simply worked won- when customers pulled up to fill their these impacts or continue to deny the ders. As we bid farewell this week to tanks. By all accounts, Bill’s American facts: The science is clear and defini- one of Iowa’s most successful entre- success story bloomed as a result of his tive that human-induced climate preneurs and cofounders of one of integrity, decency, passion and gen- change is happening and it is hap- Iowa’s most iconic businesses, Bill erosity. pening rapidly. We are obligated to re- Krause’s can-do spirit will inspire gen- His homegrown roots stretched deep, duce carbon emissions, and efforts to erations of Iowans. That is because the defining his contributions of time, tal- do so have the support of the American footprint this gentle giant leaves be- ent and treasure to his church and people. hind is one of a man who pioneered a community. He was awarded the St. Not only is the science clear, but the wildly successful chain of convenience Elizabeth Ann Seton Award by the Na- human and economic costs of climate stores. Kum & Go is one of the Nation’s tional Catholic Education Association change are hitting home. The severe largest family-owned chains in Amer- in 2007 and the Civitas Award from weather events of just the past 2 years ica with more than 420 stores doing Dowling Catholic Schools in 2012. have caused damages in the United business in 11 States. Through scholarship, service and sac- A self-starter from an early age, States in excess of $188 billion and left rifice, Bill and Nancy Krause taught Bill’s tireless work ethic and visionary more than 1100 people dead. If we do their 3 children and 12 grandchildren leadership skills reflect the very best the real measure of success. not act now then the toll is sure to of America’s entrepreneurial spirit. In fact, a few years ago a room at the mount, with ever more destructive and Throughout his career, Bill was re- Kum & Go headquarters in West Des deadly weather pounding our coasts, warded with the prizes and pitfalls of Moines was known as the ‘‘one-liner’’ parching our Nation’s agricultural cen- risk taking at its very best and at its room because of the messages lining ter, and rising sea levels threatening very worst. Named Iowa Entrepreneur the walls. When asked, Bill said the our coastal communities. If we do not of the Year in 1992, Bill’s varied busi- legacy he hoped to leave behind mir- act now, the devastating impacts of cli- ness pursuits stretched beyond his sig- rors one of the lines on the wall: ‘‘It’s mate change will only get worse. nature success and prosperity in the nice to be important, but it’s more im- But climate change is not just about convenience store industry, including portant to be nice.’’ Perhaps that is weather disasters. For instance, we fashion retailing, trucking, gaming, one of the reasons why he gave blazers also have seen asthma rates double in farming, banking, as well as interests to high school kids for their first job the past 30 years, and our children and in Iowa-based soccer and baseball interviews. Or why he was a leading grandchildren will only suffer more teams. An honest-to-goodness rags to fund-raiser for minority and low-in- asthma attacks as air pollution wors- riches story, Bill always kept his eyes come students at Holy Family School ens. We already reduced smog and acid focused on the opportunity that lie in Des Moines. rain and have set limits for mercury, ahead at the next bend, without losing Mr. President, may I suggest to the lead, and arsenic. It is time to set a sight of what mattered most in life: his U.S. Senate that Bill Krause has more family, faith, and friendships, includ- than secured this legacy throughout limit on carbon pollution that causes ing those of thousands of employees his professional and personal life. Bar- climate change and assaults the public and the countless customers he loved bara and I share our deepest condo- health. to meet and greet in his stores. lences to Bill’s family, especially to his The President’s proposal will allow After graduating from Eldora High wife Nancy, and to all those who are the United States to take further im- School, Bill worked his way through mourning the loss of this larger-than- portant steps toward the environ- college and graduated from his beloved life Iowan.∑ mental quality and good jobs that will alma mater, The University of Iowa, in f come with a cleaner and safer energy 1957 with a degree in journalism. A life- CONGRATULATING PHILLIPE future. We can act now so that future long Iowa Hawkeye fan, Bill is one of RIBIERO generations—our children and grand- those uncommonly humble men of con- children—will know that we took the siderable means who never forgot from ∑ Mr. LEVIN. Mr. President, I am de- steps that helped make their world where he came. lighted to congratulate Pontiac High safer and cleaner. That sense of loyalty later translated School chemistry and biology teacher into valuable financial contributions, Phillipe Ribiero for winning the quali- f including a signature gift that fying round and advancing to the final launched a historic renovation to round of the Make My Lab WoRx con- Kinnick Stadium. He earned a number test. This is a wonderful achievement VOTE EXPLANATIONS of distinguished awards and accolades that reflects his talent as an educator Mr. ENZI. Mr. President, I wish to from The University of Iowa and for and the fine work that is happening note that on the evening of Monday, more than five decades supported the across Michigan to ensure that the best June 24, 2013 I missed Senate rollcall Hawkeye’s celebrated athletics pro- and brightest are teaching our young vote No. 160 on the motion to invoke grams as a tireless fan and patron. He people. cloture on the Leahy substitute also served as adviser to deans of the The 2013 Make My LabWoRx contest amendment No. 1183 due to travel Tippie College of Business, sharing his is part of a program developed by delays. I would like to make clear in Main Street expertise with those Astellas Pharma. It seeks to increase tasked with teaching the next genera- the understanding of the role science the RECORD that if I were in attendance plays in human health and medicine. I would have voted in opposition of the tion of business leaders. Putting his The contest is comprised of seven motion to invoke cloture on this meas- money where his mouth is, Bill founded qualifying rounds that take place ure. a fund to jump-start the next genera- tion of business leaders. Since 1998, the across the country, including Michi- Mr. ISAKSON. Mr. President, I was Krause Fund has provided more than gan. To participate in the contest, unavoidably detained during rollcall 1,200 Iowa undergraduate students with science teachers must submit a lesson vote No. 160 on the motion to invoke the opportunity to learn about man- plan or experiment, along with a video cloture on Leahy amendment No. 1183. aging an endowed equity portfolio. demonstration. Involvement in this Had I been present I would have voted Bill Krause knew how to run a busi- program allows teachers to showcase nay. ness, how to create jobs and how to their passion for teaching science in a

VerDate Mar 15 2010 01:34 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00043 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.049 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5146 CONGRESSIONAL RECORD — SENATE June 25, 2013 creative and exciting way. Mr. know and understand. I would like to their family dog, Bingo—the couple led Ribiero’s winning video and lesson plan share a few highlights. by example and continued to tell their instructed students on how to make an They moved to Columbia in 1956 in children that these neighbors feared acid/base indicator using common the heart of the civil rights movement, change and they had to push on. household items. Mr. Ribiero’s win in just a year after Rosa Parks would not As one local newspaper recounted, the 2013 Make My LabWoRx contest give up her seat on the bus. In this era, Battle’s daughter said her father would has provided Pontiac High School with many civil rights leaders had more rad- routinely say ‘‘They don’t understand, a new microscope and funding nec- ical approaches to change, but the Bat- and they are afraid. We have to live our essary to purchase additional lab tles did not fit into these molds. Even lives and do the best we can, and if equipment. though they also wanted quick change, they knew better, they would do bet- A quality education is fundamental they were a couple who lived ‘‘quietly ter.’’ to the future success of our young peo- yet determined and unwavering,’’ as The community of Columbia was so ple, and to the health and prosperity of one newspaper columnist noted, work- lucky to have had this team move into our country. This award is indicative ing behind the scenes of social justice its community and change it forever. of Mr. Ribiero’s creativity, dedication and modeling the racial acceptance I ask my colleagues to join me in and hard work as a science teacher, they wanted their community to adopt. honoring the lives and accomplish- and his ability to challenge Pontiac Both of the couple’s first education ments of Eliot and Muriel Battle.∑ jobs in Columbia were at Douglass High School students academically and f to nurture their growth as individuals. School—Eliot as an assistant principal I am proud of the example he has set, and, later, Muriel as a social studies CLAIRE CITY, SOUTH DAKOTA which represents the best of our teacher. Both had come from families ∑ Mr. THUNE. Mr. President, today I State’s educational system. that emphasized ‘‘education was the recognize Claire City, SD. Founded in I know that Mr. Ribiero’s family, answer’’ for African Americans, Muriel 1913, Claire City will celebrate its 100th friends and the Pontiac High School once said. ‘‘We grew up,’’ she said, anniversary this year. community are all truly proud of his ‘‘knowing we were going to college.’’ It Located in Roberts County, Claire accomplishment. I also know my Sen- became clear quickly that both Eliot City possesses a strong sense of com- ate colleagues join me in congratu- and Muriel wanted all Columbia chil- munity that makes South Dakota an lating Phillipe Ribiero on this achieve- dren to have the same chance they did. outstanding place to live and work. On ment. His work has brought pride to In 1960, Eliot became the first Afri- August 15, 1913, many people gathered both Pontiac High School and the com- can-American faculty member at a along the treeless prairie to buy lots munity at large. I wish Mr. Ribiero the newly integrated Hickman High for $100 to $600 in this new town named best of luck as he continues to educate School, serving as a guidance coun- after Claire Feeney. Claire City has and inspire young minds for years to selor. His approachable manner helped continued to be a strong reflection of come.∑ ease the tension of desegregation by South Dakota’s greatest values and f mediating between some African- traditions. The community of Claire American families and White edu- REMEMBERING ELIOT AND City has much to be proud of and I am cators. confident that Claire City’s success MURIEL BATTLE After Muriel’s stint at Douglass ∑ will continue well into the future. Mrs. MCCASKILL. Mr. President, I School, she spent 30 years at West Jun- Claire City will commemorate the wish to offer tribute to a truly pas- ior High School, where she worked as a centennial anniversary of its founding sionate team from Columbia, MO— teacher, department chairperson, as- with celebrations held from June 28th Eliot and Muriel Battle—who together sistant principal, and principal. She re- through June 30th featuring events became key to forever changing race tired as the school district’s first fe- such as a parade, tractor pull, and an relations throughout Columbia. male associate superintendent of sec- auction of centennial items. I would One local newspaper recently wrote: ondary education. like to offer my congratulations to the ‘‘You could not have Eliot without Muriel was known for making all citizens of Claire City on this mile- Muriel. What they accomplished, they people of all ages and race feel valued stone anniversary and wish them con- accomplished together.’’ And what and welcome even down to her school tinued prosperity in the years to they accomplished was astounding—a motto: ‘‘We’re glad you’re here.’’ come.∑ testament to the power of leadership Long into their retirement from edu- by example. cation, the couple continued their ef- f Over the last decade, the city of Co- forts to promote diversity. Eliot be- TRIBUTE TO BRITTANY ANDERSON lumbia and the University of Missouri came a founding member of the Minor- ∑ have lauded this couple with various ity Men’s Network, served on the Co- Mr. THUNE. Mr. President, today I citywide recognitions and, for Eliot, an lumbia College board of Trustees, and recognize Brittany Anderson, an intern honorary degree, in honor of their life- wrote the 1997 book: ‘‘A Letter to in my Washington, DC, office, for all of long efforts. Yet the most poignant Young Black Men.’’ the hard work she has done for me, my recognition of all was the decision to Muriel formed the Battle Group, an staff, and the State of South Dakota. name Columbia’s newest high school education consulting firm that pro- Brittany is a graduate of Roosevelt ‘‘Muriel Williams Battle High School.’’ vided strategies to school districts, High School in Sioux Falls, SD. Cur- Education served as the backbone of parent-teacher associations, and juve- rently, she is attending Wheaton Col- the couple’s series of first-ever accom- nile justice facilities, and dedicated lege, where she is majoring in political plishments as they became pioneers in time and money to building a Martin science. She is a hard worker who has the desegregation of the city’s public Luther King, Jr., memorial. been dedicated to getting the most out schools. Their efforts toward overall commu- of her internship experience. Seeing the new high school open be- nity acceptance reached far beyond I extend my sincere thanks and ap- came one of Eliot’s last goals. And he their professional lives. Two of their preciation to Brittany for all of the met it with pride. Despite his declining four children became the first African- fine work she has done and wish her health, he walked to the podium on American students to attend Grant El- continued success in the years to June 2 to a standing ovation, spoke ementary—the first of Columbia’s come.∑ loud and clear, and received a second schools to be integrated. f standing ovation at the end of his They also integrated neighborhoods, speech honoring his wife, who had being one of the first African-American TRIBUTE TO KATIE HAUGEN passed 10 years earlier, in 2003. Nine families to move beyond the redlining ∑ Mr. THUNE. Mr. President, today I days after the ceremony, he passed on real estate limits in Columbia and into recognize Katie Haugen, an intern in too. a White neighborhood. Despite the my Washington, DC, office, for all of It is amazing how life works some- hateful letters they received—and even the hard work she has done for me, my times. Their story is one for all to after having a White neighbor shoot staff, and the State of South Dakota.

VerDate Mar 15 2010 01:34 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00044 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.013 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5147 Katie is a graduate of Saint Thomas all of the hard work he has done for structure SIP Requirements for the 1997 and More High School in Rapid City, SD. me, my staff, and the State of South 2006 Fine Particulate Matter National Ambi- Currently, she is attending Black Hills Dakota. ent Air Quality Standards’’ (FRL No. 9825–7) State University, where she is major- Hamilton is a graduate of Lincoln received in the Office of the President of the Senate on June 20, 2013; to the Committee on ing in political science. She is a hard High School in Sioux Falls, SD. Cur- Environment and Public Works. worker who has been dedicated to get- rently, he is attending the University EC–2080. A communication from the Direc- ting the most out of her internship ex- of Michigan, where he is majoring in tor of the Regulatory Management Division, perience. business. He is a hard worker who has Environmental Protection Agency, transmit- I extend my sincere thanks and ap- been dedicated to getting the most out ting, pursuant to law, the report of a rule en- preciation to Katie for all of the fine of his internship experience. titled ‘‘Approval and Promulgation of Imple- work she has done and wish her contin- I extend my sincere thanks and ap- mentation Plans; New York; Infrastructure ued success in the years to come.∑ preciation to Hamilton for all of the SIP for the 1997 8-Hour Ozone and the 1997 fine work he has done and wish him and 2006 Fine Particulate Matter Standards’’ f (FRL No. 9825–1) received in the Office of the continued success in the years to TRIBUTE TO COLE KIRBY President of the Senate on June 20, 2013; to come.∑ the Committee on Environment and Public ∑ Mr. THUNE. Mr. President, today I f Works. recognize Cole Kirby, an intern in my EC–2081. A communication from the Direc- Washington, DC, office, for all of the EXECUTIVE AND OTHER tor of the Regulatory Management Division, hard work he has done for me, my COMMUNICATIONS Environmental Protection Agency, transmit- staff, and the State of South Dakota. The following communications were ting, pursuant to law, the report of a rule en- Cole is a graduate of Sage High laid before the Senate, together with titled ‘‘Revisions to the California State Im- School in Newport Coast, CA. Cur- plementation Plan, San Diego Air Pollution accompanying papers, reports, and doc- Control District’’ (FRL No. 9815–5) received rently, he is attending Georgetown uments, and were referred as indicated: in the Office of the President of the Senate University, where he is majoring in fi- EC–2073. A communication from the Direc- on June 20, 2013; to the Committee on Envi- nance. He is a hard worker who has tor of the Regulatory Management Division, ronment and Public Works. been dedicated to getting the most out Environmental Protection Agency, transmit- EC–2082. A communication from the Direc- of his internship experience. ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, I extend my sincere thanks and ap- titled ‘‘Acetamiprid; Pesticide Tolerances’’ Environmental Protection Agency, transmit- preciation to Cole for all of the fine (FRL No. 9391–2) received in the Office of the ting, pursuant to law, the report of a rule en- President of the Senate on June 20, 2013; to titled ‘‘Change of Address for Region 7; Tech- work he has done and wish him contin- the Committee on Agriculture, Nutrition, ued success in the years to come.∑ nical Correction’’ (FRL No. 9825–5) received and Forestry. in the Office of the President of the Senate f EC–2074. A communication from the Direc- on June 20, 2013; to the Committee on Envi- tor of the Regulatory Management Division, ronment and Public Works. TRIBUTE TO JAMES REYNOLDS Environmental Protection Agency, transmit- EC–2083. A communication from the Direc- ∑ Mr. THUNE. Mr. President, today I ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, recognize James Reynolds, an intern in titled ‘‘Cyproconazole; Pesticide Tolerances’’ Environmental Protection Agency, transmit- (FRL No. 9387–3) received in the Office of the ting, pursuant to law, the report of a rule en- my Washington, DC, office, for all of President of the Senate on June 20, 2013; to the hard work he has done for me, my titled ‘‘Approval and Promulgation of Air the Committee on Agriculture, Nutrition, Quality Implementation Plans; Charlotte, staff, and the State of South Dakota. and Forestry. James is a graduate of Derby High Raleigh/Durham and Winston-Salem Carbon EC–2075. A communication from the Direc- Monoxide Limited Maintenance Plan’’ (FRL School in Derby, KS. Currently, he is tor of the Regulatory Management Division, No. 9824–5) received in the Office of the Presi- attending Wichita State University, Environmental Protection Agency, transmit- dent of the Senate on June 20, 2013; to the where he is majoring in political ting, pursuant to law, the report of a rule en- Committee on Environment and Public science. He is a hard worker who has titled ‘‘Triforine, Pesticide Tolerances; Works. Technical Correction’’ (FRL No. 9389–9) re- EC–2084. A communication from the Direc- been dedicated to getting the most out ceived in the Office of the President of the tor of the Regulatory Management Division, of his internship experience. Senate on June 20, 2013; to the Committee on Environmental Protection Agency, transmit- I extend my sincere thanks and ap- Agriculture, Nutrition, and Forestry. ting, pursuant to law, the report of a rule en- preciation to James for all of the fine EC–2076. A communication from the Sec- titled ‘‘Approval and Promulgation of Imple- work he has done and wish him contin- retary of Defense, transmitting, pursuant to mentation Plans; Oregon: Heat Smart Pro- ∑ law, a report to Congress on the Nuclear Em- ued success in the years to come. gram and Enforcement Procedures’’ (FRL ployment Strategy of the United States; to No. 9802–7) received in the Office of the Presi- f the Committee on Armed Services. dent of the Senate on June 20, 2013; to the EC–2077. A communication from the Presi- TRIBUTE TO AUBURN RITTERBUSH Committee on Environment and Public dent of the United States, transmitting, pur- Works. ∑ Mr. THUNE. Mr. President, today I suant to law, a report on the continuation of recognize Auburn Ritterbush, an intern the national emergency that was originally EC–2085. A communication from the Direc- tor of the Regulatory Management Division, in my Washington, DC, office, for all of declared in Executive Order 13466 of June 26, 2008, and expanded in Executive Order 13551 Environmental Protection Agency, transmit- the hard work she has done for me, my ting, pursuant to law, the report of a rule en- staff, and the State of South Dakota. of August 20, 2010, and addressed further in Executive Order 13570 of April 18, 2011, with titled ‘‘Approval and Promulgation of Imple- Auburn is a graduate of RAF respect to the current existence and risk of mentation Plans; State of Kansas; Infra- Lakenheath in Suffolk, England. Cur- the proliferation of weapons-usable fissile structure SIP Requirements for the 1997 and rently, she is attending Black Hills material on the Korean Peninsula; to the 2006 Fine Particulate Matter National Ambi- State University, where she is major- Committee on Banking, Housing, and Urban ent Air Quality Standards’’ (FRL No. 9825–6) ing in political science. She is a hard Affairs. received in the Office of the President of the Senate on June 20, 2013; to the Committee on worker who has been dedicated to get- EC–2078. A communication from the Direc- tor of the Regulatory Management Division, Environment and Public Works. ting the most out of her internship ex- EC–2086. A communication from the Direc- perience. Environmental Protection Agency, transmit- ting, pursuant to law, the report of a rule en- tor of the Regulatory Management Division, I extend my sincere thanks and ap- titled ‘‘Interim Final Determination to Environmental Protection Agency, transmit- preciation to Auburn for all of the fine Defer Sanctions; California; South Coast Air ting, pursuant to law, the report of a rule en- work she has done and wish her contin- Quality Management District’’ (FRL No. titled ‘‘Approval and Promulgation of Air ued success in the years to come.∑ 9826–3) received in the Office of the President Quality Implementation Plans; Connecticut; of the Senate on June 20, 2013; to the Com- Reasonably Available Control Technology f mittee on Environment and Public Works. for the 1997 8-Hour Ozone Standard’’ (FRL TRIBUTE TO HAMILTON EC–2079. A communication from the Direc- No. 9797–2) received in the Office of the Presi- ZACHARIAHS tor of the Regulatory Management Division, dent of the Senate on June 20, 2013; to the Environmental Protection Agency, transmit- Committee on Environment and Public ∑ Mr. THUNE. Mr. President, today I ting, pursuant to law, the report of a rule en- Works. recognize Hamilton Zachariahs, an in- titled ‘‘Approval and Promulgation of Imple- EC–2087. A communication from the Direc- tern in my Washington, DC office, for mentation Plans; State of Missouri; Infra- tor of the Regulatory Management Division,

VerDate Mar 15 2010 01:34 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00045 Fmt 0624 Sfmt 0634 E:\CR\FM\G25JN6.032 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5148 CONGRESSIONAL RECORD — SENATE June 25, 2013 Environmental Protection Agency, transmit- (NIDRR)—Disability and Rehabilitation Re- S. Res. 166. A resolution commemorating ting, pursuant to law, the report of a rule en- search Projects and Centers Program—Reha- the 50th anniversary of the founding of the titled ‘‘Approval and Promulgation of Imple- bilitation Engineering Research Centers’’ Organization of African Unity (OAU) and mentation Plans; Revised Format for Mate- (CFDA No. 84.133E–4) received in the Office of commending its successor, the African rials Being Incorporated by Reference for the President of the Senate on June 20, 2013; Union. Florida; Approval of Recodification of the to the Committee on Health, Education, S. Res. 167. A resolution reaffirming the Florida Administrative Code; Correcting Labor, and Pensions. strong support of the United States for the Amendments’’ (FRL No. 9824–2) received in EC–2096. A communication from the Assist- peaceful resolution of territorial, sov- the Office of the President of the Senate on ant General Counsel for Regulatory Services, ereignty, and jurisdictional disputes in the June 20, 2013; to the Committee on Environ- Office of Special Education and Rehabilita- Asia-Pacific maritime domains. ment and Public Works. tive Services, Department of Education, f EC–2088. A communication from the Direc- transmitting, pursuant to law, the report of tor of the Regulatory Management Division, a rule entitled ‘‘National Institute on Dis- EXECUTIVE REPORTS OF Environmental Protection Agency, transmit- ability and Rehabilitation Research COMMITTEES ting, pursuant to law, the report of a rule en- (NIDRR)—Advanced Rehabilitation Research The following executive reports of titled ‘‘Significant New Use Rules on Certain Training Program’’ (CFDA No. 84.133P–1) re- Chemical Substances’’ (FRL No. 9390–6) re- ceived in the Office of the President of the nominations were submitted: ceived in the Office of the President of the Senate on June 20, 2013; to the Committee on By Mrs. BOXER for the Committee on En- Senate on June 20, 2013; to the Committee on Health, Education, Labor, and Pensions. vironment and Public Works. Environment and Public Works. EC–2097. A communication from the Assist- *Richard J. Engler, of New Jersey, to be a EC–2089. A communication from the Direc- ant General Counsel for Regulatory Services, Member of the Chemical Safety and Hazard tor of the Regulatory Management Division, Office of Special Education and Rehabilita- Investigation Board for a term of five years. Environmental Protection Agency, transmit- tive Services, Department of Education, *Allison M. Macfarlane, of Maryland, to be ting, pursuant to law, the report of a rule en- transmitting, pursuant to law, the report of a Member of the Nuclear Regulatory Com- titled ‘‘National Emission Standards for Haz- a rule entitled ‘‘National Institute on Dis- mission for a term expiring June 30, 2018. ardous Air Pollutants From Petroleum Re- ability and Rehabilitation Research *Marilyn A. Brown, of Georgia, to be a fineries’’ (FRL No. 9751–4) received in the Of- (NIDRR)—Disability and Rehabilitation Re- Member of the Board of Directors of the Ten- fice of the President of the Senate on June search Projects and Centers Program—Reha- nessee Valley Authority for a term expiring 20, 2013; to the Committee on Environment bilitation Engineering Research Centers’’ May 18, 2017. and Public Works. (CFDA No. 84.133E–3) received in the Office of By Mr. MENENDEZ for the Committee on EC–2090. A communication from the Acting the President of the Senate on June 20, 2013; Foreign Relations. Assistant Secretary, Legislative Affairs, De- to the Committee on Health, Education, *Daniel R. Russel, of New York, to be an partment of State, transmitting, pursuant to Labor, and Pensions. Assistant Secretary of State (East Asian and law, a report entitled ‘‘Operation of the En- EC–2098. A communication from the Execu- Pacific Affairs). terprise for the Americas Initiative and the tive Director, Interstate Commission on the *Geoffrey R. Pyatt, of California, a Career Tropical Forest Conservation Act 2012 An- Potomac River Basin, transmitting, pursu- Member of the Senior Foreign Service, Class nual Report to Congress’’; to the Committee ant to law, the Commission’s Seventy-Sec- of Minister-Counselor, to be Ambassador Ex- on Foreign Relations. ond Financial Statement for the period of traordinary and Plenipotentiary of the EC–2091. A communication from the Acting October 1, 2011 through September 30, 2012; to United States of America to Ukraine. Assistant Secretary, Legislative Affairs, De- the Committee on Homeland Security and Nominee: Geoffrey R. Pyatt. partment of State, transmitting, pursuant to Governmental Affairs. Post: Klev. law, a report relative to section 36(c) of the EC–2099. A communication from the Direc- (The following is a list of all members of Arms Export Control Act (DDTC 13–056); to tor, Office of Diversity Management and my immediate family and their spouses. I the Committee on Foreign Relations. Equal Opportunity, Office of the Under Sec- have asked each of these persons to inform EC–2092. A communication from the Acting retary of Defense (Readiness and Force Man- me of the pertinent contributions made by Assistant General Counsel for Regulatory agement), transmitting, pursuant to law, ad- them. To the best of my knowledge, the in- Services, Office of Postsecondary Education, ditional fiscal year 2012 reports from the De- formation contained in this report is com- Department of Education, transmitting, pur- partment of Defense Components relative to plete and accurate.) suant to law, the report of a rule entitled the implementation of the Notification and Contributions, amount date, donee: ‘‘William D. Ford Federal Direct Loan Pro- Federal Employee Antidiscrimination and 1. Self: None. gram; Interim Final Rule’’ (RIN1840–AD13) Retaliation Act of 2002; to the Committee on 2. Spouse: $63, 3/30 and 5/30/ 2012, Obama/ received in the Office of the President of the Homeland Security and Governmental Af- Biden. Senate on June 20, 2013; to the Committee on fairs. 3. Children and Spouses: Mary D. Pyatt, Health, Education, Labor, and Pensions. William R. Pyatt, Claire M. Pyatt, None. EC–2093. A communication from the Assist- f 4. Parents: Kedar D. Pyatt, Jr., Mary M. ant General Counsel for Regulatory Services, REPORTS OF COMMITTEES Pyatt, None. Office of Special Education and Rehabilita- 5. Grandparents: N/A tive Services, Department of Education, The following reports of committees 6. Brothers and Spouses: David B. Pyatt/ transmitting, pursuant to law, the report of were submitted: Jamie Pyatt, None. a rule entitled ‘‘National Institute on Dis- By Mr. MENENDEZ, from the Committee 7. Sisters and Spouses: Kira & Eric Lynch, ability and Rehabilitation Research on Foreign Relations, with an amendment in Rebecca & Darren Quinn, None. (NIDRR)—Disability and Rehabilitation Re- the nature of a substitute and with a pre- search Projects and Centers Program—Reha- amble: *Tulinabo Salama Mushingi, of Virginia, a bilitation Engineering Research Centers’’ S. Res. 144. A resolution concerning the on- Career Member of the Senior Foreign Serv- (CFDA Nos. 84.133E–5; 84.133E–6; 84.133E–7; going conflict in the Democratic Republic of ice, Class of Counselor, to be Ambassador Ex- and 84.133E–8) received in the Office of the the Congo and the need for international ef- traordinary and Plenipotentiary of the President of the Senate on June 20, 2013; to forts supporting long-term peace, stability, United States of America to Burkina Faso. the Committee on Health, Education, Labor, and observance of human rights. Nominee: Tulinabo Mushingi. and Pensions. By Mr. MENENDEZ, from the Committee Post: Burkina Faso. EC–2094. A communication from the Assist- on Foreign Relations, with an amendment in (The following is a list of all members of ant General Counsel for Regulatory Services, the nature of a substitute and with an my immediate family and their spouses. I Office of Special Education and Rehabilita- amended preamble: have asked each of these persons to inform tive Services, Department of Education, S. Res. 151. A resolution urging the Gov- me of the pertinent contributions made by transmitting, pursuant to law, the report of ernment of Afghanistan to ensure trans- them. To the best of my knowledge, the in- a rule entitled ‘‘National Institute on Dis- parent and credible presidential and provin- formation contained in this report is com- ability and Rehabilitation Research cial elections in April 2014 by adhering to plete and accurate.) (NIDRR)—Rehabilitation Research and internationally accepted democratic stand- Contributions, amount, date, donee: Training Centers’’ (CFDA No. 84.133B–1) re- ards, establishing a transparent electoral 1. Self: None. ceived in the Office of the President of the process, and ensuring security for voters and 2. Spouse: Rebecca Mushingi $100.00, 10/4/ Senate on June 20, 2013; to the Committee on candidates. 2012, Obama Victory Fund; $100.00 7/16/2012, Health, Education, Labor, and Pensions. S. Res. 165. A resolution calling for the re- Obama for America; $45.00, 2/20/2012, Obama EC–2095. A communication from the Assist- lease from prison of former Prime Minister for America. ant General Counsel for Regulatory Services, of Ukraine Yulia Tymoshenko in light of the 3. Children and Spouses: Furaha Mushingi: Office of Special Education and Rehabilita- recent European Court of Human Rights rul- $3.00, 2012, Obama for America. tive Services, Department of Education, ing. 4. Parents: Bahiga & Namazi Mushingi—de- transmitting, pursuant to law, the report of By Mr. MENENDEZ, from the Committee ceased. a rule entitled ‘‘National Institute on Dis- on Foreign Relations, without amendment 5. Grandparents: Bahiga & Mwandafunga— ability and Rehabilitation Research and with a preamble: deceased.

VerDate Mar 15 2010 01:34 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00046 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.003 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5149 6. Brothers and Spouses: None ever visited/ ADDITIONAL COSPONSORS S. 1114 lived in the USA. ROWN S. 231 At the request of Mr. B , the 7. Sisters and Spouses: None ever visited/ name of the Senator from North Caro- lived in the USA. At the request of Mr. PORTMAN, the name of the Senator from California lina (Mrs. HAGAN) was added as a co- *Nomination was reported with rec- sponsor of S. 1114, a bill to provide for (Mrs. FEINSTEIN) was added as a co- ommendation that it be confirmed sub- sponsor of S. 231, a bill to reauthorize identification of misaligned currency, ject to the nominee’s commitment to require action to correct the misalign- the Multinational Species Conserva- respond to requests to appear and tes- ment, and for other purposes. tion Funds Semipostal Stamp. tify before any duly constituted com- S. 1143 S. 462 mittee of the Senate. At the request of Mr. MORAN, the At the request of Mrs. BOXER, the name of the Senator from Maine (Mr. f name of the Senator from Colorado KING) was added as a cosponsor of S. (Mr. BENNET) was added as a cosponsor 1143, a bill to amend title XVIII of the INTRODUCTION OF BILLS AND of S. 462, a bill to enhance the strategic JOINT RESOLUTIONS Social Security Act with respect to partnership between the United States physician supervision of therapeutic The following bills and joint resolu- and Israel. hospital outpatient services. tions were introduced, read the first S. 658 S. 1158 and second times by unanimous con- At the request of Mrs. GILLIBRAND, sent, and referred as indicated: At the request of Mr. WARNER, the the name of the Senator from Michigan names of the Senator from New York By Mr. BENNET (for himself and Mr. (Ms. STABENOW) was added as a cospon- (Mrs. GILLIBRAND) and the Senator JOHANNS): sor of S. 658, a bill to amend titles 10 S. 1216. A bill to improve and increase the from Maryland (Mr. CARDIN) were and 32, United States Code, to enhance added as cosponsors of S. 1158, a bill to availability of on-job training and appren- capabilities to prepare for and respond ticeship programs carried out by the Sec- require the Secretary of the Treasury retary of Veterans Affairs, and for other pur- to cyber emergencies, and for other to mint coins commemorating the poses; to the Committee on Veterans’ Af- purposes. 100th anniversary of the establishment fairs. S. 789 of the National Park Service, and for By Mr. CORKER (for himself, Mr. WAR- At the request of Mr. BAUCUS, the other purposes. NER, Mr. JOHANNS, Mr. TESTER, Mr. names of the Senator from Arizona S. 1166 HELLER, Ms. HEITKAMP, Mr. MORAN, (Mr. FLAKE), the Senator from South At the request of Mr. ISAKSON, the and Mrs. HAGAN): Carolina (Mr. GRAHAM), the Senator S. 1217. A bill to provide secondary mort- name of the Senator from Missouri from Iowa (Mr. GRASSLEY), the Senator gage market reform, and for other purposes; (Mr. BLUNT) was added as a cosponsor to the Committee on Banking, Housing, and from Oklahoma (Mr. COBURN) and the of S. 1166, a bill to amend the National Urban Affairs. Senator from Illinois (Mr. DURBIN) Labor Relations Act to provide for ap- By Mr. WARNER (for himself and Mr. were added as cosponsors of S. 789, a propriate designation of collective bar- MANCHIN): bill to grant the Congressional Gold gaining units. S. 1218. A bill to establish a State Energy Medal, collectively, to the First Spe- S. 1183 Race to the Top Initiative to assist energy cial Service Force, in recognition of its At the request of Mr. THUNE, the policy innovation in the States to promote superior service during World War II. the goal of doubling electric and thermal en- name of the Senator from South Caro- S. 815 ergy productivity by January 1, 2030; to the lina (Mr. GRAHAM) was added as a co- Committee on Energy and Natural Re- At the request of Mr. MERKLEY, the sponsor of S. 1183, a bill to amend the sources. name of the Senator from South Da- Internal Revenue Code of 1986 to repeal By Mrs. BOXER (for herself and Mrs. kota (Mr. JOHNSON) was added as a co- the estate and generation-skipping FEINSTEIN): sponsor of S. 815, a bill to prohibit the transfer taxes, and for other purposes. S. 1219. A bill to authorize the Pechanga employment discrimination on the S. 1192 Band of Luiseno Mission Indians Water basis of sexual orientation or gender At the request of Mrs. BOXER, the Rights Settlement, and for other purposes; identity. to the Committee on Indian Affairs. name of the Senator from Montana S. 842 By Mr. KIRK (for himself and Mr. DUR- (Mr. TESTER) was added as a cosponsor BIN): At the request of Mr. SCHUMER, the of S. 1192, a bill to implement common S. 1220. A bill to amend title XVIII of the name of the Senator from Vermont sense controls on the taxpayer-funded Social Security Act to preserve access to re- (Mr. SANDERS) was added as a cospon- salaries of government contractors by habilitation innovation centers under the sor of S. 842, a bill to amend title XVIII limiting reimbursement for excessive Medicare program; to the Committee on Fi- of the Social Security Act to provide compensation. nance. for an extension of the Medicare-de- S. 1195 By Ms. MIKULSKI (for herself and Mr. pendent hospital (MDH) program and ARRASSO CORNYN): At the request of Mr. B , the S. 1221. A bill to rename section 219(c) of the increased payments under the name of the Senator from Arizona (Mr. the Internal Revenue Code of 1986 as the Kay Medicare low-volume hospital pro- FLAKE) was added as a cosponsor of S. Bailey Hutchison Spousal IRA; to the Com- gram. 1195, a bill to repeal the renewable fuel mittee on Finance. S. 892 standard. By Ms. COLLINS (for herself and Mr. At the request of Mr. KIRK, the name S. 1199 BAUCUS): of the Senator from Pennsylvania (Mr. At the request of Mr. HOEVEN, the S. 1222. A bill to amend the small, rural TOOMEY) was added as a cosponsor of S. name of the Senator from North Da- school achievement program and the rural 892, a bill to amend the Iran Threat Re- and low-income school program under part B kota (Ms. HEITKAMP) was added as a co- of title VI of the Elementary and Secondary duction and Syria Human Rights Act sponsor of S. 1199, a bill to improve en- Education Act of 1965; to the Committee on of 2012 to impose sanctions with re- ergy performance in Federal buildings, Health, Education, Labor, and Pensions. spect to certain transactions in foreign and for other purposes. currencies, and for other purposes. S. 1211 f S. 1069 At the request of Mrs. BOXER, the SUBMISSION OF CONCURRENT AND At the request of Mrs. GILLIBRAND, name of the Senator from New York SENATE RESOLUTIONS the name of the Senator from New (Mrs. GILLIBRAND) was added as a co- The following concurrent resolutions Hampshire (Mrs. SHAHEEN) was added sponsor of S. 1211, a bill to amend title and Senate resolutions were read, and as a cosponsor of S. 1069, a bill to pro- 38, United States Code, to prohibit the use of the phrases GI Bill and Post-9/11 referred (or acted upon), as indicated: hibit discrimination in adoption or fos- ter care placements based on the sex- GI Bill to give a false impression of ap- By Mr. RUBIO (for himself and Mr. ual orientation, gender identity, or proval or endorsement by the Depart- NELSON): S. Res. 186. A resolution congratulating the marital status of any prospective adop- ment of Veterans Affairs. Miami Heat for winning the 2013 National tive or foster parent, or the sexual ori- S. 1212 Basketball Association Finals; considered entation or gender identity of the child At the request of Mr. UDALL of Colo- and agreed to. involved. rado, the name of the Senator from

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00047 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.011 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5150 CONGRESSIONAL RECORD — SENATE June 25, 2013 Alaska (Ms. MURKOWSKI) was added as sors of amendment No. 1244 intended to school enrollment. In many of these a cosponsor of S. 1212, a bill to amend be proposed to S. 744, a bill to provide districts, Federal formula programs, the Pittman-Robertson Wildlife Res- for comprehensive immigration reform which are population-based, do not toration Act to facilitate the establish- and for other purposes. produce enough resources to carry out ment of additional or expanded public AMENDMENT NO. 1328 important programs, which these grant target ranges in certain States. At the request of Mr. WYDEN, the programs help make possible. One S. 1215 name of the Senator from Minnesota school district in Maine, for example, received only $28 in 2001 to fund a dis- At the request of Mr. LEAHY, the (Mr. FRANKEN) was added as a cospon- names of the Senator from Oregon (Mr. sor of amendment No. 1328 intended to trict-wide Safe and Drug-free school program. MERKLEY) and the Senator from Alaska be proposed to S. 744, a bill to provide In addition, small and rural school (Mr. BEGICH) were added as cosponsors for comprehensive immigration reform districts often forgo Federal education of S. 1215, a bill to strengthen privacy and for other purposes. dollars because they lack the personnel protections, accountability, and over- AMENDMENT NO. 1593 and the resources to apply for competi- sight related to domestic surveillance At the request of Ms. HEITKAMP, the name of the Senator from Minnesota tive grants. Having fewer personnel conducted pursuant to the USA PA- also creates additional challenges in TRIOT Act and the Foreign Intel- (Mr. FRANKEN) was added as a cospon- sor of amendment No. 1593 intended to providing professional development op- ligence Surveillance Act of 1978. portunities. By allowing rural school S.J. RES. 15 be proposed to S. 744, a bill to provide for comprehensive immigration reform districts to combine funds, as well as At the request of Mr. CARDIN, the and for other purposes. providing additional funds, REAP gives names of the Senator from North Caro- these districts the levels of resources AMENDMENT NO. 1618 lina (Mrs. HAGAN) and the Senator required to undertake significant edu- At the request of Mr. NELSON, the from New York (Mr. SCHUMER) were cational reform. Funds from this pro- names of the Senator from Mississippi added as cosponsors of S.J. Res. 15, a gram have already helped to support (Mr. WICKER) and the Senator from joint resolution removing the deadline new technology in classrooms, distance Louisiana (Ms. LANDRIEU) were added for the ratification of the equal rights learning opportunities, and profes- as cosponsors of amendment No. 1618 amendment. sional development activities, as well intended to be proposed to S. 744, a bill S. RES. 144 as a vast array of other programs that to provide for comprehensive immigra- will help rural districts. At the request of Mr. COONS, the tion reform and for other purposes. names of the Senator from Oregon (Mr. The REAP Reauthorization Act of f MERKLEY) and the Senator from New 2013 would reauthorize and implement Hampshire (Mrs. SHAHEEN) were added STATEMENTS ON INTRODUCED a few improvements to the law. These as cosponsors of S. Res. 144, a resolu- BILLS AND JOINT RESOLUTIONS changes would allow Federal funds to be even more closely targeted to geo- tion concerning the ongoing conflict in By Ms. COLLINS (for herself and graphically isolated districts. One im- the Democratic Republic of the Congo Mr. BAUCUS): portant reform would allow program and the need for international efforts S. 1222. A bill to amend the small, eligible districts to participate in the supporting long-term peace, stability, rural school achievement program and Rural and Low-Income School program and observance of human rights. the rural and low-income school pro- if they would not receive financial ben- S. RES. 151 gram under part B of title VI of the El- efits from the Small and Rural Schools ementary and Secondary Education At the request of Mr. CASEY, the Achievement program. name of the Senator from Delaware Act of 1965; to the Committee on Education is an essential driver for (Mr. COONS) was added as a cosponsor Health, Education, Labor, and Pen- good jobs for our citizens. This rings of S. Res. 151, a resolution urging the sions. true especially in rural America, where Ms. COLLINS. Mr. President, I rise Government of Afghanistan to ensure schools are the linchpin of rural com- transparent and credible presidential today to introduce legislation to ex- munities. I am pleased to have the sup- and provincial elections in April 2014 tend and improve a program aimed at port of the Maine School Management by adhering to internationally accept- addressing the unique needs of rural Association for the REAP Reauthoriza- ed democratic standards, establishing a schools. The Rural Education Achieve- tion Act of chair of the Senate Rural transparent electoral process, and en- ment Program, or REAP, is designed to Education Caucus, I will continue to suring security for voters and can- help level the playing field for small work toward our goal of advancing the didates. and high-poverty rural school systems. educational interests of rural schools S. RES. 165 It is the only dedicated federal funding and districts. stream to aid rural school districts in At the request of Mr. DURBIN, the Mr. President, I ask unanimous con- name of the Senator from New Hamp- overcoming certain challenges associ- sent that a letter of support be printed ated with geographic isolation. shire (Mrs. SHAHEEN) was added as a co- in the RECORD. Nearly 1⁄3 of America’s public schools sponsor of S. Res. 165, a resolution call- There being no objection, the mate- are in rural areas, and more than 21 ing for the release from prison of rial was ordered to be printed in the percent of our public school students former Prime Minister of Ukraine RECORD, as follows: attend these schools. Students in rural Yulia Tymoshenko in light of the re- MAINE SCHOOL America should have the same access cent European Court of Human Rights MANAGEMENT ASSOCIATION, to federal dollars and quality education ruling. Augusta, ME, June 24, 2013. as those students who attend schools in Re Reauthorization of REAP S. RES. 167 urban and suburban communities. For Hon. SUSAN COLLINS, At the request of Mr. MENENDEZ, the this reason, in 2001, I worked with Dirksen Senate Office Building, names of the Senator from Indiana former Senator Kent Conrad to author U.S. Senate, Washington, DC. (Mr. DONNELLY) and the Senator from the law creating REAP, and I am now DEAR SENATOR COLLINS, The Maine School Boards Association and the Maine School Connecticut (Mr. MURPHY) were added pleased to work with Senator MAX Superintendents Association want to thank as cosponsors of S. Res. 167, a resolu- BAUCUS on its reauthorization. REAP tion reaffirming the strong support of you for your continued sponsorship of the created two grant programs: the Small REAP Program. Specifically, our Associa- the United States for the peaceful reso- and Rural Schools Achievement pro- tions are pleased to support the 2013 Reau- lution of territorial, sovereignty, and gram SRSA, which provides additional thorization of REAP. Throughout the years, jurisdictional disputes in the Asia-Pa- funding and flexibility to small rural REAP funding has helped to provide equity cific maritime domains. school districts, and the Rural and for many small schools in Maine and our ex- AMENDMENT NO. 1244 Low-Income School program, RLIS, pectation is that will continue with this Re- authorization. At the request of Mr. ISAKSON, the which provides additional funding for Both the National School Boards Associa- names of the Senator from Ohio (Mr. poor rural school districts. tion and the American Association of School PORTMAN) and the Senator from Illi- Prior to enactment of this law, rural Administrators are also supportive of the nois (Mr. KIRK) were added as cospon- school districts received funds based on Reauthorization of REAP.

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00048 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.009 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5151 The Maine School Boards Association and (2) requests the Secretary of the Senate to SA 1680. Mrs. MURRAY submitted an the Maine School Superintendents Associa- transmit for appropriate display an official amendment intended to be proposed by her tion appreciate your continued support for copy of this resolution to— to the bill S. 744, supra; which was ordered to public education. We want to commend you (A) the owner of the Miami Heat, Micky lie on the table. for your willingness to pay attention to var- Arison; SA 1681. Mrs. MURRAY (for herself and Mr. ious legislative issues that may impact (B) the President of the Miami Heat, Pat CRAPO) submitted an amendment intended to Maine public schools. We also want to praise Riley; and be proposed by her to the bill S. 744, supra; your staff for their expertise and accessi- (C) the coach of the Miami Heat, Erik which was ordered to lie on the table. bility to our organizations. As always, our Spoelstra. SA 1682. Mrs. MURRAY submitted an Associations are available as a resource to f amendment intended to be proposed by her you and to your staff. to the bill S. 744, supra; which was ordered to Sincerely, AMENDMENTS SUBMITTED AND lie on the table. CORNELIA BROWN, PROPOSED SA 1683. Mr. PORTMAN (for himself, Mr. Executive Director. CHIESA, and Mr. CRAPO) submitted an amend- SA 1663. Mr. PORTMAN (for himself and ment intended to be proposed by him to the f Mr. TESTER) submitted an amendment in- bill S. 744, supra; which was ordered to lie on tended to be proposed by him to the bill S. SUBMITTED RESOLUTIONS the table. 744, to provide for comprehensive immigra- SA 1684. Mr. PORTMAN (for himself, Mr. tion reform and for other purposes; which CHIESA, and Mr. CRAPO) submitted an amend- SENATE RESOLUTION 186—CON- was ordered to lie on the table. ment intended to be proposed by him to the GRATULATING THE MIAMI HEAT SA 1664. Mr. REID submitted an amend- bill S. 744, supra; which was ordered to lie on FOR WINNING THE 2013 NA- ment intended to be proposed by him to the the table. bill S. 744, supra; which was ordered to lie on SA 1685. Mr. UDALL of Colorado submitted TIONAL BASKETBALL ASSOCIA- the table. TION FINALS an amendment intended to be proposed by SA 1665. Mr. REID submitted an amend- him to the bill S. 744, supra; which was or- Mr. RUBIO (for himself and Mr. NEL- ment intended to be proposed by him to the dered to lie on the table. SON) submitted the following resolu- bill S. 744, supra; which was ordered to lie on SA 1686. Mr. SESSIONS submitted an tion; which was considered and agreed the table. amendment intended to be proposed by him to: SA 1666. Mr. TESTER submitted an amend- to the bill S. 744, supra; which was ordered to ment intended to be proposed by him to the S. RES. 186 lie on the table. bill S. 744, supra; which was ordered to lie on SA 1687. Mr. MANCHIN submitted an Whereas, on June 20, 2013, the Miami Heat the table. amendment intended to be proposed by him defeated the San Antonio Spurs by a score of SA 1667. Mr. BLUMENTHAL (for himself to the bill S. 744, supra; which was ordered to 95 to 88 in Miami, Florida, winning the third and Ms. MURKOWSKI) submitted an amend- lie on the table. National Basketball Association (NBA) ment intended to be proposed by him to the SA 1688. Mr. COBURN submitted an amend- Finals in the history of the Miami Heat fran- bill S. 744, supra; which was ordered to lie on ment intended to be proposed by him to the chise; the table. bill S. 744, supra; which was ordered to lie on Whereas the Miami Heat have won back- SA 1668. Mr. WARNER (for himself, Ms. MI- the table. to-back championships and have kept the KULSKI, Mr. WICKER, Mr. KAINE, Ms. MUR- SA 1689. Mr. COBURN submitted an amend- Larry O’Brien Championship Trophy in KOWSKI, Ms. LANDRIEU, and Mr. COCHRAN) ment intended to be proposed by him to the Miami; submitted an amendment intended to be pro- bill S. 744, supra; which was ordered to lie on Whereas, during the 2013 NBA Playoffs, the posed by him to the bill S. 744, supra; which the table. Miami Heat defeated the Milwaukee Bucks, was ordered to lie on the table. SA 1690. Mr. MORAN (for himself and Ms. the Chicago Bulls, the Indiana Pacers, and SA 1669. Mr. MANCHIN submitted an LANDRIEU) submitted an amendment in- the San Antonio Spurs; amendment intended to be proposed by him tended to be proposed by him to the bill S. Whereas, the Miami Heat earned an overall to the bill S. 744, supra; which was ordered to 744, supra; which was ordered to lie on the record of 82-23 and the right to be named lie on the table. table. NBA champions; SA 1670. Mr. CHAMBLISS submitted an SA 1691. Mr. UDALL of New Mexico sub- Whereas LeBron James, who averaged 25.3 amendment intended to be proposed by him mitted an amendment intended to be pro- points, 10.9 rebounds, and 7 assists during the to the bill S. 744, supra; which was ordered to posed by him to the bill S. 744, supra; which NBA Finals, was named the Most Valuable lie on the table. was ordered to lie on the table. Player of the NBA Finals for the second con- SA 1671. Mr. CHAMBLISS submitted an SA 1692. Mr. UDALL of New Mexico (for secutive year; amendment intended to be proposed by him himself and Mr. HEINRICH) submitted an Whereas Dwyane Wade has been an inte- to the bill S. 744, supra; which was ordered to amendment intended to be proposed by him gral player on all three Miami Heat cham- lie on the table. to the bill S. 744, supra; which was ordered to pionship teams; SA 1672. Mr. CHAMBLISS submitted an lie on the table. Whereas each member of the Miami Heat amendment intended to be proposed by him SA 1693. Mr. UDALL of New Mexico (for 2012-13 season roster, including Ray Allen, to the bill S. 744, supra; which was ordered to himself and Mr. HEINRICH) submitted an Chris Andersen, Joel Anthony, Shane lie on the table. amendment intended to be proposed by him Battier, Chris Bosh, Mario Chalmers, Norris SA 1673. Mr. UDALL of Colorado submitted to the bill S. 744, supra; which was ordered to Cole, Udonis Haslem, Juwan Howard, LeBron an amendment intended to be proposed by lie on the table. James, James Jones, Rashard Lewis, Mike him to the bill S. 744, supra; which was or- SA 1694. Mr. UDALL of New Mexico sub- Miller, Jarvis Varnado, and Dwyane Wade, dered to lie on the table. mitted an amendment intended to be pro- played an essential role in bringing a third SA 1674. Mr. UDALL of Colorado submitted posed by him to the bill S. 744, supra; which NBA Championship to Miami; an amendment intended to be proposed by was ordered to lie on the table. Whereas Erik Spoelstra and his assistant him to the bill S. 744, supra; which was or- SA 1695. Mr. BROWN (for himself, Mr. coaches Bob McAdoo, Keith Askins, Ron dered to lie on the table. MANCHIN, Mr. GRASSLEY, and Mr. SESSIONS) Rothstein, David Fizdale, Chad Kammerer, SA 1675. Mr. CARPER submitted an amend- submitted an amendment intended to be pro- Octavio De La Grana, Bill Foran, as well as ment intended to be proposed by him to the posed by him to the bill S. 744, supra; which trainers Jay Sabol, Rey Jaffet, and Rob bill S. 744, supra; which was ordered to lie on was ordered to lie on the table. Pimental, worked with the Miami Heat play- the table. SA 1696. Mr. BROWN submitted an amend- ers and maintained a standard of excellence; SA 1676. Mr. CARPER submitted an amend- ment intended to be proposed by him to the Whereas owner Micky Arison has built a ment intended to be proposed by him to the bill S. 744, supra; which was ordered to lie on first-class sports franchise and provided un- bill S. 744, supra; which was ordered to lie on the table. wavering commitment to bringing another the table. SA 1697. Mr. CORKER submitted an amend- championship to the city of Miami; SA 1677. Mr. CARPER submitted an amend- ment intended to be proposed by him to the Whereas, over his 18 seasons with the ment intended to be proposed by him to the bill S. 744, supra; which was ordered to lie on Miami Heat, team President Pat Riley has bill S. 744, supra; which was ordered to lie on the table. provided the team with an unprecedented the table. SA 1698. Mr. CORNYN submitted an level of dedication and leadership; and SA 1678. Mr. CARPER (for himself and Mr. amendment intended to be proposed by him Whereas the Miami Heat brought the city COBURN) submitted an amendment intended to the bill S. 744, supra; which was ordered to of Miami, the State of Florida, and their fans to be proposed by him to the bill S. 744, lie on the table. around the world a third ‘‘white hot’’ NBA supra; which was ordered to lie on the table. SA 1699. Mr. CORNYN submitted an Championship: Now, therefore, be it SA 1679. Mr. CARPER (for himself, Mr. amendment intended to be proposed by him Resolved, That the Senate— MCCAIN, and Mr. UDALL of Colorado) sub- to the bill S. 744, supra; which was ordered to (1) congratulates the Miami Heat on its mitted an amendment intended to be pro- lie on the table. victory in the 2013 National Basketball Asso- posed by him to the bill S. 744, supra; which SA 1700. Mr. CORNYN submitted an ciation Finals; and was ordered to lie on the table. amendment intended to be proposed by him

VerDate Mar 15 2010 03:08 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00049 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.017 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5152 CONGRESSIONAL RECORD — SENATE June 25, 2013

to the bill S. 744, supra; which was ordered to SHAHEEN, Ms. CANTWELL, Ms. STABENOW, Ms. ment specified in subparagraphs (C) and (E) lie on the table. BALDWIN, Mrs. GILLIBRAND, Ms. KLOBUCHAR, on the U.S. Citizenship and Immigration SA 1701. Mr. CORNYN submitted an Mr. MENENDEZ, Mr. SCHUMER, and Ms. WAR- Services website. amendment intended to be proposed by him REN) submitted an amendment intended to ‘‘(B) REQUIREMENTS.— to the bill S. 744, supra; which was ordered to be proposed by her to the bill S. 744, supra; ‘‘(i) FORM.—The form referred to in sub- lie on the table. which was ordered to lie on the table. paragraph (A)(i)— SA 1702. Mr. CORNYN submitted an SA 1719. Mr. CHAMBLISS submitted an ‘‘(I) shall be prescribed by the Secretary amendment intended to be proposed by him amendment intended to be proposed by him not later than 6 months after the date of the to the bill S. 744, supra; which was ordered to to the bill S. 744, supra; which was ordered to enactment of the Border Security, Economic lie on the table. lie on the table. Opportunity, and Immigration Moderniza- SA 1703. Mr. CORNYN submitted an SA 1720. Mrs. MURRAY (for herself, Mr. tion Act; PORTMAN, and Ms. LANDRIEU) submitted an amendment intended to be proposed by him ‘‘(II) shall be available as— amendment intended to be proposed by her to the bill S. 744, supra; which was ordered to ‘‘(aa) a paper form; to the bill S. 744, supra; which was ordered to lie on the table. ‘‘(bb) a form that may be completed by an lie on the table. SA 1704. Mr. UDALL of New Mexico (for employer via telephone or video conference; himself, Mr. HEINRICH, and Mrs. GILLIBRAND) f ‘‘(cc) an electronic form; and submitted an amendment intended to be pro- TEXT OF AMENDMENTS ‘‘(dd) a form that is integrated electroni- posed by him to the bill S. 744, supra; which cally with the requirements under subpara- was ordered to lie on the table. SA 1663. Mr. PORTMAN (for himself graph (F) and subsection (d). SA 1705. Ms. COLLINS (for herself and Mr. and Mr. TESTER) submitted an amend- ‘‘(ii) ATTESTATION.—Each such form shall KING) submitted an amendment intended to ment intended to be proposed by him require the employer to sign an attestation be proposed by her to the bill S. 744, supra; to the bill S. 744, to provide for com- with a handwritten, electronic, or digital which was ordered to lie on the table. signature, according to standards prescribed SA 1706. Ms. COLLINS submitted an prehensive immigration reform and for by the Secretary. amendment intended to be proposed by her other purposes; which was ordered to ‘‘(iii) COMPLIANCE.—An employer has com- to the bill S. 744, supra; which was ordered to lie on the table; as follows: plied with the requirements under this para- lie on the table. At the appropriate place, insert the fol- graph with respect to examination of the SA 1707. Ms. COLLINS submitted an lowing: documents included in subclauses (I) and (II) amendment intended to be proposed by her lll SEC. . EMPLOYMENT VERIFICATION SYSTEM of subparagraph (A)(i) if— to the bill S. 744, supra; which was ordered to IMPROVEMENTS. ‘‘(I) the employer has, in good faith, fol- lie on the table. (a) TRIGGER.—In addition to the conditions SA 1708. Mr. CHAMBLISS submitted an set forth in section 3(c)(2)(A), the Secretary lowed applicable regulations and any written amendment intended to be proposed by him may not adjust the status of aliens who have procedures or instructions provided by the to the bill S. 744, supra; which was ordered to been granted registered provisional immi- Secretary; and lie on the table. grant status, except for aliens granted blue ‘‘(II) a reasonable person would conclude SA 1709. Mr. CHAMBLISS submitted an card status under section 2201 of this Act or that the documentation is genuine and re- amendment intended to be proposed by him described in section 245D(b) of the Immigra- lates to the individual presenting such docu- to the bill S. 744, supra; which was ordered to tion and Nationality Act, unless the Sec- mentation. lie on the table. retary, after consultation with the Comp- ‘‘(C) DOCUMENTS ESTABLISHING IDENTITY SA 1710. Mr. RUBIO submitted an amend- troller General of the United States, and as AND EMPLOYMENT AUTHORIZED STATUS.—A ment intended to be proposed by him to the part of the written certification submitted document is specified in this subparagraph if bill S. 744, supra; which was ordered to lie on to the President and Congress pursuant to the document is unexpired (unless the valid- the table. section 3(c)(2)(A), certifies that the Sec- ity of the document is extended by law) and SA 1711. Mr. GRASSLEY submitted an retary has implemented the mandatory em- is 1 of the following: amendment intended to be proposed by him ployment verification system, including the ‘‘(i) A United States passport or passport to the bill S. 744, supra; which was ordered to full incorporation of the photo tool and addi- card issued to an individual pursuant to the lie on the table. tional security measures, required by section Secretary of State’s authority under the Act SA 1712. Ms. HIRONO (for herself, Mrs. 274A of the Immigration and Nationality Act entitled An Act to regulate the issue and va- MURRAY, Ms. MURKOWSKI, Mrs. BOXER, Mr. (8 U.S.C. 1324a), as amended by section 3101, lidity of passports, and for other purposes, FRANKEN, Mr. LEAHY, Ms. MIKULSKI, Mrs. and has required the system’s use by all em- approved July 3, 1926 (22 U.S.C. 211a). SHAHEEN, Ms. CANTWELL, Ms. STABENOW, Ms. ployers to prevent unauthorized workers ‘‘(ii) A document issued to an alien evi- BALDWIN, Mrs. GILLIBRAND, Ms. KLOBUCHAR, from obtaining employment in the United dencing that the alien is lawfully admitted Mr. MENENDEZ, Mr. SCHUMER, Mr. DURBIN, States. for permanent residence or another docu- Mr. BENNET, and Ms. WARREN) submitted an (b) EMPLOYMENT VERIFICATION SYSTEM.— ment issued to an individual evidencing the amendment intended to be proposed by her Section 274A (8 U.S.C. 1324a), as amended by individual’s employment authorized status, to the bill S. 744, supra; which was ordered to section 3101, is further amended— as designated by the Secretary, if the docu- lie on the table. (1) in subsection (a)(5)(A)(ii), by inserting ment— SA 1713. Ms. HIRONO (for herself, Mrs. ‘‘, by clear and convincing evidence,’’ after ‘‘(I) contains a photograph of the indi- MURRAY, Ms. MURKOWSKI, Mrs. BOXER, Mr. demonstrates; and vidual, or such other personal identifying in- LEAHY, Mr. FRANKEN, Ms. MIKULSKI, Mrs. (2) by striking subsections (c) and (d) and formation relating to the individual as the SHAHEEN, Ms. CANTWELL, Ms. STABENOW, Ms. inserting the following: Secretary determines, by regulation, to be BALDWIN, Mrs. GILLIBRAND, Ms. KLOBUCHAR, ‘‘(c) DOCUMENT VERIFICATION REQUIRE- sufficient for the purposes of this subpara- Mr. MENENDEZ, Mr. SCHUMER, Mr. DURBIN, MENTS.—Any employer hiring an individual graph; Mr. BENNET, and Ms. WARREN) submitted an for employment in the United States shall ‘‘(II) is evidence of employment authorized amendment intended to be proposed by her comply with the following requirements and status; and to the bill S. 744, supra; which was ordered to the requirements under subsection (d) to ‘‘(III) contains security features to make lie on the table. verify that the individual has employment the document resistant to tampering, coun- SA 1714. Mr. BROWN (for himself, Mr. ENZI, authorized status. terfeiting, and fraudulent use. Mr. CASEY, Mr. BEGICH, Mr. PRYOR, Mr. ‘‘(1) ATTESTATION AFTER EXAMINATION OF ‘‘(iii) An enhanced driver’s license or iden- TESTER, and Mr. JOHNSON of South Dakota) DOCUMENTATION.— tification card issued to a national of the submitted an amendment intended to be pro- ‘‘(A) IN GENERAL.— United States by a State, an outlying posses- posed by him to the bill S. 744, supra; which ‘‘(i) EXAMINATION BY EMPLOYER.—An em- sion of the United States, or a federally rec- was ordered to lie on the table. ployer shall attest, under penalty of perjury ognized Indian tribe that— SA 1715. Mr. COONS submitted an amend- on a form prescribed by the Secretary, that ‘‘(I) meets the requirements under section ment intended to be proposed by him to the the employer has verified the identity and 202 of the REAL ID Act of 2005 (division B of bill S. 744, supra; which was ordered to lie on employment authorization status of the indi- Public Law 109–13; 49 U.S.C. 30301 note); and the table. vidual— ‘‘(II) the Secretary has certified by notice SA 1716. Mr. WARNER submitted an ‘‘(I) by examining— published in the Federal Register and amendment intended to be proposed by him ‘‘(aa) a document specified in subparagraph through appropriate notice directly to em- to the bill S. 744, supra; which was ordered to (C); or ployers registered in the System 3 months lie on the table. ‘‘(bb) a document specified in subparagraph prior to publication that such enhanced li- SA 1717. Mr. WARNER submitted an (D) and a document specified in subpara- cense or card is suitable for use under this amendment intended to be proposed by him graph (E); and subparagraph based upon the accuracy and to the bill S. 744, supra; which was ordered to ‘‘(II) by utilizing an identity authentica- security of the issuance process, security lie on the table. tion mechanism described in clause (iii) or features on the document, and such other SA 1718. Ms. HIRONO (for herself, Mrs. (iv) of subparagraph (F). factors as the Secretary may prescribe. MURRAY, Ms. MURKOWSKI, Mrs. BOXER, Mr. ‘‘(ii) PUBLICATION OF DOCUMENTS.—The Sec- ‘‘(iv) A passport issued by the appropriate LEAHY, Mr. FRANKEN, Ms. MIKULSKI, Mrs. retary shall publish a picture of each docu- authority of a foreign country accompanied

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00050 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.022 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5153 by a Form I–94 or Form I–94A (or similar suc- ‘‘(cc) photograph and appropriate identi- ‘‘(cc) shall be incorporated into the System cessor record), or other documentation as fying information provided by the Secretary and made available to employers not later designated by the Secretary that specifies of State pursuant to the granting of a visa. than 1 year after the date on which regula- the individual’s status in the United States ‘‘(II) PARTICIPATING STATE.—The term ‘par- tions are published implementing subsection and the duration of such status if the pro- ticipating State’ means a State that has an (d). posed employment is not in conflict with any agreement with the Secretary to provide the ‘‘(III) COMPREHENSIVE USE.—An employer restriction or limitation specified on such Secretary, for purposes of identity may employ the additional security meas- form or documentation. verification in the System, with photographs ures set forth in this clause with respect to ‘‘(v) A passport issued by the Federated and appropriate identifying information all individuals the employer hires if the em- States of Micronesia or the Republic of the maintained by the State. ployer notifies the Secretary of such election Marshall Islands with evidence of non- ‘‘(ii) REQUIREMENT FOR IDENTITY AUTHEN- at the time the employer registers for use of immigrant admission to the United States TICATION.—In addition to verifying the docu- the System under subsection (d)(4)(A)(i) or anytime thereafter. An election under this under the Compact of Free Association be- ments specified in subparagraph (C), (D), or subclause may be withdrawn 90 days after tween the United States and the Federated (E), the System shall require each employer the employer notifies the Secretary of the States of Micronesia or the Republic of the to verify the identity of each new hire using the identity authentication mechanism de- employer’s intent to discontinue such elec- Marshall Islands. tion. ‘‘(D) DOCUMENTS ESTABLISHING IDENTITY OF scribed in clause (iii) or, for an individual whose identity is not able to be verified ‘‘(v) AUTOMATED VERIFICATION.—The Sec- INDIVIDUAL.—A document is specified in this retary— using that mechanism, to use the additional subparagraph if the document is unexpired ‘‘(I) may establish a program, in addition security measures provided in clause (iv) (unless the validity of the document is ex- to the identity authentication mechanism after such measures become available. A fail- tended by law) and is 1 of the following: described in subparagraph (F)(iii), in which ure of the System to verify the identity of an ‘‘(i) A driver’s license or identity card that the System automatically verifies informa- individual due to the use of an identity au- is not described in subparagraph (C)(iii) and tion contained in a covered identity docu- thentication mechanism shall result in a fur- is issued to an individual by a State or an ment issued by a participating State, which outlying possession of the United States, a ther action notice under subsection is presented under subparagraph (D)(i), in- federally recognized Indian tribe, or an agen- (d)(4)(C)(iii). cluding information needed to verify that cy (including military) of the Federal Gov- ‘‘(iii) PHOTO TOOL.— the covered identity document matches the ernment if the driver’s license or identity ‘‘(I) USE REQUIREMENT.—An employer that State’s records; card includes, at a minimum— hires an individual who has a presented a ‘‘(II) may not maintain information pro- ‘‘(I) the individual’s photograph, name, covered identity document to establish his vided by a participating State in a database date of birth, gender, and driver’s license or or her identity and employment authoriza- maintained by U.S. Citizenship and Immi- identification card number; and tion under subsection (c) shall verify the gration Services; and ‘‘(II) security features to make the license identity of such individual using the photo ‘‘(III) may not utilize or disclose such in- or card resistant to tampering, counter- tool described in subclause (II). formation, except as authorized under this feiting, and fraudulent use. ‘‘(II) DEVELOPMENT REQUIREMENT.—The section. ‘‘(ii) A voter registration card. Secretary shall develop and maintain a ‘‘(G) AUTHORITY TO PROHIBIT USE OF CER- ‘‘(iii) A document that complies with the photo tool that enables employers to match TAIN DOCUMENTS.—If the Secretary deter- requirements under section 7209(b)(1) of the the photo on a covered identity document mines, after publication in the Federal Reg- Intelligence Reform and Terrorism Preven- provided to the employer to a photo main- ister and an opportunity for public comment, tion Act of 2004 (Public Law 108–458; 8 U.S.C. tained by a U.S. Citizenship and Immigra- that any document or class of documents 1185 note). tion Services or other appropriate database. specified in subparagraph (B), (C), or (D) does ‘‘(III) INDIVIDUAL QUERIES.—The photo tool ‘‘(iv) For individuals under 18 years of age not reliably establish identity or that em- capability shall be incorporated into the who are unable to present a document listed ployment authorized status is being used System and made available to employers not in clause (i) or (ii), documentation of per- fraudulently to an unacceptable degree, the later than 1 year after the date on which reg- sonal identity of such other type as the Sec- Secretary— ulations are published implementing sub- retary determines will provide a reliable ‘‘(i) may prohibit or restrict the use of section (d). means of identification, which may include such document or class of documents for pur- ‘‘(IV) LIMITATIONS ON USE OF INFORMA- an attestation as to the individual’s identity poses of this subsection; and TION.—Information and images acquired from by a parent or legal guardian under penalty ‘‘(ii) shall directly notify all employers State motor vehicle databases through the of perjury. registered within the System of the prohibi- photo tool developed under subclause (II)— tion through appropriate means. ‘‘(E) DOCUMENTS EVIDENCING EMPLOYMENT ‘‘(aa) may only be used for matching ‘‘(H) AUTHORITY TO ALLOW USE OF CERTAIN AUTHORIZATION.—A document is specified in photos to a covered identity document for DOCUMENTS.—If the Secretary has deter- this subparagraph if the document is unex- the purposes of employment verification; mined that another document or class of pired (unless the validity of the document is ‘‘(bb) shall not be collected or stored by documents, such as a document issued by a extended by law) and is 1 of the following: the Federal Government; and federally recognized Indian tribe, may be ‘‘(i) A social security account number card ‘‘(cc) may only be disseminated in response used to reliably establish identity or em- issued by the Commissioner, other than a to an individual photo tool query. ployment authorized status, the Secretary— card which specifies on its face that the card ‘‘(iv) ADDITIONAL SECURITY MEASURES.— ‘‘(i) may allow the use of that document or is not valid to evidence employment author- ‘‘(I) USE REQUIREMENT.—An employer seek- class of documents for purposes of this sub- ized status or has other similar words of lim- ing to hire an individual whose identity is section after publication in the Federal Reg- itation. not able to be verified using the photo tool ister and an opportunity for public comment; ‘‘(ii) Any other documentation evidencing described in clause (iii), because the em- ‘‘(ii) shall publish a description of any such employment authorized status that the Sec- ployee did not present a covered document document or class of documents on the U.S. retary determines and publishes in the Fed- for employment eligibility verification pur- Citizenship and Immigration Services eral Register and through appropriate notice poses, shall verify the identity of such indi- website; and directly to employers registered within the vidual using the additional security meas- ‘‘(iii) shall directly notify all employers System to be acceptable for purposes of this ures described in subclause (II). registered within the System of the addition subparagraph if such documentation, includ- ‘‘(II) DEVELOPMENT REQUIREMENT.—The through appropriate means. ing any electronic security measures linked Secretary shall develop, after publication in ‘‘(2) INDIVIDUAL ATTESTATION OF EMPLOY- to such documentation, contains security the Federal Register and an opportunity for MENT AUTHORIZATION.—An individual, upon features to make such documentation resist- public comment, specific and effective addi- commencing employment with an employer, ant to tampering, counterfeiting, and fraud- tional security measures to adequately shall— ulent use. verify the identity of an individual whose ‘‘(A) attest, under penalty of perjury, on ‘‘(F) IDENTITY AUTHENTICATION MECHA- identity is not able to be verified using the the form prescribed by the Secretary, that NISM.— photo tool described in clause (iii). Such ad- the individual is— ‘‘(i) DEFINITIONS.—In this subparagraph: ditional security measures— ‘‘(i) a citizen of the United States; ‘‘(I) COVERED IDENTITY DOCUMENT.—The ‘‘(aa) shall be kept up-to-date with techno- ‘‘(ii) an alien lawfully admitted for perma- term ‘covered identity document’ means a logical advances; nent residence; valid— ‘‘(bb) shall provide a means of identity au- ‘‘(iii) an alien who has employment author- ‘‘(aa) United States passport, passport thentication in a manner that provides a ized status; or card, or a document evidencing lawful per- high level of certainty as to the identity of ‘‘(iv) otherwise authorized by the Sec- manent residence status or employment au- such individual, using immigration and iden- retary to be hired for such employment; thorized status issued to an alien; tifying information that may include review ‘‘(B) provide such attestation by a hand- ‘‘(bb) enhanced driver’s license or identity of identity documents or background screen- written, electronic, or digital signature; and card issued by a participating State or an ing verification techniques using publicly ‘‘(C) provide the individual’s social secu- outlying possession of the United States; or available information; and rity account number to the Secretary, unless

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00051 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.028 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5154 CONGRESSIONAL RECORD — SENATE June 25, 2013

the individual has not yet been issued such a ‘‘(iv) the security, integrity, and privacy of ‘‘(F) EMPLOYERS WITH MORE THAN 20 EM- number, on such form as the Secretary may the System. PLOYEES.—Not later than 3 years after regu- require. ‘‘(C) PROCEDURES.—The Secretary— lations are published implementing this sub- ‘‘(3) RETENTION OF VERIFICATION RECORD.— ‘‘(i) shall create processes to provide an in- section, all employers with more than 20 em- ‘‘(A) IN GENERAL.—After completing a form dividual with direct access to the individ- ployees shall participate in the System with for an individual in accordance with para- ual’s case history in the System, including— respect to all newly hired employees and em- graphs (1) and (2), the employer shall retain ‘‘(I) the identities of all persons or entities ployees with expiring temporary employ- a version of such completed form and make that have queried the individual through the ment authorization documents. such form available for inspection by the System; ‘‘(G) AGRICULTURAL EMPLOYMENT.—Not Secretary or the Office of Special Counsel for ‘‘(II) the date of each such query; and later than 4 years after regulations are pub- Immigration-Related Unfair Employment ‘‘(III) the System response for each such lished implementing this subsection, em- Practices of the Department of Justice dur- query; and ployers of employees performing agricultural ing the period beginning on the hiring date ‘‘(ii) in consultation with the Commis- employment (as defined in section 218A of of the individual and ending on the later of— sioner, shall develop— this Act and section 2202 of the Border Secu- ‘‘(i) the date that is 3 years after such hir- ‘‘(I) protocols to notify an individual, in a rity, Economic Opportunity, and Immigra- ing date; or timely manner through the use of electronic tion Modernization Act) shall participate in ‘‘(ii) the date that is 1 year after the date correspondence or mail, that a query for the the System with respect to all newly hired on which the individual’s employment with individual has been processed through the employees and employees with expiring tem- the employer is terminated. System; or porary employment authorization docu- ‘‘(B) REQUIREMENT FOR ELECTRONIC RETEN- ‘‘(II) a process for the individual to submit ments. An agricultural employee shall not be TION.—The Secretary— additional queries to the System or notify counted for purposes of subparagraph (D), ‘‘(i) shall permit an employer to retain the the Secretary of potential identity fraud. (E), or (F). form described in subparagraph (A) in elec- ‘‘(2) PARTICIPATION REQUIREMENTS.— ‘‘(H) ALL EMPLOYERS.—Not later than 4 tronic form; and ‘‘(A) FEDERAL GOVERNMENT.—Except as years after regulations are published imple- ‘‘(ii) shall permit an employer to retain provided in subparagraph (B), all agencies menting this subsection, all employers shall such form in paper, microfiche, microfilm, and departments in the executive, legisla- participate in the System with respect to all portable document format, or other media. tive, or judicial branches of the Federal Gov- newly hired employees and employees with ‘‘(4) COPYING OF DOCUMENTATION AND REC- ernment shall participate in the System be- expiring temporary employment authoriza- ORDKEEPING.—The Secretary may promul- ginning on the earlier of— tion documents. gate regulations regarding— ‘‘(i) the date of the enactment of the Bor- ‘‘(I) TRIBAL GOVERNMENT EMPLOYERS.— ‘‘(A) copying documents and related infor- der Security, Economic Opportunity, and ‘‘(i) RULEMAKING.—In developing regula- mation pertaining to employment Immigration Modernization Act, to the ex- tions to implement this subsection, the Sec- verification presented by an individual under tent required under section 402(e)(1) of the Il- retary shall— this subsection; and legal Immigration Reform and Immigrant ‘‘(I) consider the effects of this section on ‘‘(B) retaining such information during a Responsibility Act of 1996 (division C of Pub- federally recognized Indian tribes and tribal members; and period not to exceed the required retention lic Law 104–208; 8 U.S.C. 1324a) and as already implemented by each agency or department; ‘‘(II) consult with the governments of fed- period set forth in paragraph (3). or erally recognized Indian tribes. ‘‘(5) PENALTIES.—An employer that fails to ‘‘(ii) the date that is 90 days after the date ‘‘(ii) REQUIRED PARTICIPATION.—Not later comply with any requirement under this sub- of the enactment of the Border Security, than 4 years after regulations are published section may be penalized under subsection Economic Opportunity, and Immigration implementing this subsection, all employers (e)(4)(B). Modernization Act. owned by, or entities of, the government of a ‘‘(6) PROTECTION OF CIVIL RIGHTS.— ‘‘(B) FEDERAL CONTRACTORS.—Federal con- federally recognized Indian tribe shall par- ‘‘(A) IN GENERAL.—Nothing in this section tractors shall participate in the System as ticipate in the System with respect to all may be construed to diminish any rights provided in the final rule relating to employ- newly hired employees and employees with otherwise protected by Federal law. ment eligibility verification published in the expiring temporary employment authoriza- ‘‘(B) PROHIBITION ON DISCRIMINATION.—An Federal Register on November 14, 2008 (73 tion documents. employer shall use the procedures for docu- Fed. Reg. 67,651), or any similar subsequent ‘‘(J) IMMIGRATION LAW VIOLATORS.— ment verification set forth in this paragraph regulation, for which purpose references to ‘‘(i) ORDERS FINDING VIOLATIONS.—An order for all employees without regard to race, E-Verify in the final rule shall be construed finding any employer to have violated this color, religion, sex, national origin, or, un- to apply to the System. section or section 274C may, in the Sec- less specifically permitted in this section, to ‘‘(C) CRITICAL INFRASTRUCTURE.— retary’s discretion, require the employer to citizenship status. ‘‘(i) IN GENERAL.—Beginning on the date participate in the System with respect to ‘‘(7) RECEIPTS.—The Secretary may author- that is 1 year after the date on which regula- newly hired employees and employees with ize the use of receipts for replacement docu- tions are published implementing this sub- expiring temporary employment authoriza- ments, and temporary evidence of employ- section, the Secretary may authorize or di- tion documents, if such employer is not oth- ment authorization by an individual to meet rect any employer, person, or entity respon- erwise required to participate in the System a documentation requirement under this sible for granting access to, protecting, se- under this section. The Secretary shall mon- subsection on a temporary basis not to ex- curing, operating, administering, or regu- itor such employer’s compliance with Sys- ceed 1 year, after which time the individual lating part of the critical infrastructure (as tem procedures. shall provide documentation sufficient to defined in section 1016(e) of the Critical In- ‘‘(ii) PATTERN OR PRACTICE OF VIOLATIONS.— satisfy the documentation requirements frastructure Protection Act of 2001 (42 U.S.C. The Secretary may require an employer that under this subsection. 5195c(e))) to participate in the System to the is required to participate in the System with ‘‘(8) NO AUTHORIZATION OF NATIONAL IDENTI- extent the Secretary determines that such respect to newly hired employees to partici- FICATION CARDS.—Nothing in this section participation will assist in the protection of pate in the System with respect to the em- may be construed to directly or indirectly the critical infrastructure. ployer’s current employees if the employer is authorize the issuance, use, or establishment ‘‘(ii) NOTIFICATION TO EMPLOYERS.—The determined by the Secretary or other appro- of a national identification card. Secretary shall notify an employer required priate authority to have engaged in a pat- ‘‘(d) EMPLOYMENT VERIFICATION SYSTEM.— to participate in the System under this sub- tern or practice of violations of the immigra- ‘‘(1) IN GENERAL.— paragraph not later than 90 days before the tion laws of the United States. ‘‘(A) ESTABLISHMENT.—The Secretary, in date on which the employer is required to ‘‘(K) VOLUNTARY PARTICIPATION.—The Sec- consultation with the Commissioner, shall participate. retary may permit any employer that is not establish the Employment Verification Sys- ‘‘(D) EMPLOYERS WITH MORE THAN 10,000 EM- required to participate in the System under tem. PLOYEES.—Not later than 1 year after regula- this section to do so on a voluntary basis. ‘‘(B) MONITORING.—The Secretary shall cre- tions are published implementing this sub- ‘‘(3) CONSEQUENCE OF FAILURE TO PARTICI- ate the necessary processes to monitor— section, all employers with more than 10,000 PATE.— ‘‘(i) the functioning of the System, includ- employees shall participate in the System ‘‘(A) IN GENERAL.—Except as provided in ing the volume of the workflow, the speed of with respect to all newly hired employees subparagraph (B), the failure, other than a processing of queries, the speed and accuracy and employees with expiring temporary em- de minimis or inadvertent failure, of an em- of responses; ployment authorization documents. ployer that is required to participate in the ‘‘(ii) the misuse of the System, including ‘‘(E) EMPLOYERS WITH MORE THAN 500 EM- System to comply with the requirements of the prevention of fraud or identity theft; PLOYEES.—Not later than 2 years after regu- the System with respect to an individual— ‘‘(iii) whether the use of the System re- lations are published implementing this sub- ‘‘(i) shall be treated as a violation of sub- sults in wrongful adverse actions or discrimi- section, all employers with more than 500 section (a)(1)(B) with respect to that indi- nation based upon a prohibited factor employees shall participate in the System vidual; and against citizens or nationals of the United with respect to all newly hired employees ‘‘(ii) creates a rebuttable presumption that States or individuals who have employment and employees with expiring temporary em- the employer has violated paragraph (1)(A) authorized status; and ployment authorization documents. or (2) of subsection (a).

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00052 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.028 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5155

‘‘(B) EXCEPTION.— ‘‘(iii) REVERIFICATION.—If an individual has ployer shall acknowledge in the System ‘‘(i) IN GENERAL.—Subparagraph (A) shall a limited period of employment authorized under penalty of perjury that it provided the not apply in a criminal prosecution. status, the individual’s employer shall employee with the further action notice. The ‘‘(ii) USE AS EVIDENCE.—Nothing in this reverify such status through the System not individual shall affirmatively acknowledge paragraph may be construed to limit the use later than 3 business days after the last day in writing, or in such other manner as the in the prosecution of a Federal crime, in a of such period. Secretary may specify, the receipt of the fur- manner otherwise consistent with Federal ‘‘(iv) OTHER EMPLOYMENT.—For employers ther action notice from the employer. If the criminal law and procedure, of evidence re- directed by the Secretary to participate in individual refuses to acknowledge the re- lating to the employer’s failure to comply the System under paragraph (2)(C)(i) to pro- ceipt of the further action notice, or ac- with requirements of the System. tect critical infrastructure or otherwise knowledges in writing that the individual ‘‘(4) PROCEDURES FOR PARTICIPANTS IN THE specified circumstances in this section to will not contest the further action notice SYSTEM.— verify their entire workforce, the System under subclause (II), the employer shall no- ‘‘(A) IN GENERAL.—An employer partici- may be used for initial verification of an in- tify the Secretary in such manner as the pating in the System shall register such par- dividual who was hired before the employer Secretary may specify. ticipation with the Secretary and, when hir- became subject to the System, and the em- ‘‘(II) CONTEST.—Not later than 10 business ing any individual for employment in the ployer shall initiate all required procedures days after receiving notification of a further United States, shall comply with the fol- on or before such date as the Secretary shall action notice under subclause (I), the indi- lowing: specify. vidual shall contact the appropriate Federal ‘‘(i) REGISTRATION OF EMPLOYERS.—The ‘‘(v) NOTIFICATION.— agency and, if the Secretary so requires, ap- Secretary, through notice in the Federal ‘‘(I) IN GENERAL.—The Secretary shall pro- pear in person for purposes of verifying the Register, shall prescribe procedures that em- vide, and the employer shall utilize, as part individual’s identity and employment eligi- ployers shall be required to follow to register of the System, a method of notifying em- bility. The Secretary, in consultation with with the System. ployers of a confirmation or nonconfirma- the Commissioner and other appropriate ‘‘(ii) UPDATING INFORMATION.—The em- tion of an individual’s identity and employ- Federal agencies, shall specify an available ployer is responsible for providing notice of ment authorized status, or a notice that fur- secondary verification procedure to confirm any change to the information required ther action is required to verify such iden- under subclauses (I), (II), and (III) of clause tity or employment eligibility (referred to in the validity of information provided and to (v) before conducting any further inquiries this subsection as a further action notice). provide a confirmation or nonconfirmation. Any procedures for reexamination shall not within the System, or on such other schedule ‘‘(II) PROCEDURES.—The Secretary shall— as the Secretary may prescribe. ‘‘(aa) directly notify the individual and the limit in any way an employee’s right to ap- peal a nonconfirmation. ‘‘(iii) TRAINING.—The Secretary shall re- employer, by means of electronic cor- quire employers to undergo such training as respondence, mail, text message, telephone, ‘‘(III) NO CONTEST.—If the individual re- the Secretary determines to be necessary to or other direct communication, of a noncon- fuses to acknowledge receipt of the further ensure proper use, protection of civil rights firmation or further action notice; action notice, acknowledges that the indi- and civil liberties, privacy, integrity, and se- ‘‘(bb) provide information about filing an vidual will not contest the further action no- curity of the System. To the extent prac- administrative appeal under paragraph (6) tice as provided in subclause (I), or does not ticable, such training shall be made avail- and a filing for review before an administra- contact the appropriate Federal agency able electronically on the U.S. Citizenship tive law judge under paragraph (7); and within the period specified in subclause (II), and Immigration Services website. ‘‘(cc) establish procedures to directly no- following expiration of the period specified ‘‘(iv) NOTIFICATION TO EMPLOYEES.—The tify the individual and the employer of a in subclause (II), a nonconfirmation shall be employer shall inform individuals hired for confirmation. issued. The employer shall record the non- employment that the System— ‘‘(III) IMPLEMENTATION.—The Secretary confirmation in such manner as the Sec- ‘‘(I) will be used by the employer; may provide for a phased-in implementation retary may specify and terminate the indi- ‘‘(II) may be used for immigration enforce- of the notification requirements under this vidual’s employment. An individual’s failure ment purposes; and clause, as appropriate. The notification sys- to contest a further action notice shall not ‘‘(III) may not be used to discriminate or tem shall cover all inquiries not later than 1 be considered an admission of guilt with re- to take adverse action against a national of year from the date of the enactment of the spect to any violation of this section or any the United States or an alien who has em- Border Security, Economic Opportunity, and provision of law. ployment authorized status. Immigration Modernization Act. ‘‘(IV) CONFIRMATION OR NONCONFIRMATION.— ‘‘(v) PROVISION OF ADDITIONAL INFORMA- ‘‘(C) CONFIRMATION OR NONCONFIRMATION.— Unless the period is extended in accordance TION.—The employer shall obtain from the ‘‘(i) INITIAL RESPONSE.— with this subclause, the System shall pro- individual (and the individual shall provide) ‘‘(I) IN GENERAL.—Except as provided in vide a confirmation or nonconfirmation not and shall record in such manner as the Sec- subclause (II), the System shall provide— later than 10 business days after the date on retary may specify— ‘‘(aa) a confirmation of an individual’s which the individual contests the further ac- ‘‘(I) the individual’s social security ac- identity and employment authorized status tion notice under subclause (II). If the Sec- count number; or a further action notice at the time of the retary determines that good cause exists, ‘‘(II) if the individual does not attest to inquiry; and after taking into account adverse impacts to United States citizenship or status as a na- ‘‘(bb) an appropriate code indicating such the employer, and including time to permit tional of the United States under subsection confirmation or such further action notice. the individual to obtain and provide needed (c)(2), such identification or authorization ‘‘(II) ALTERNATIVE DEADLINE.—If the Sys- evidence of identity or employment eligi- number established by the Department as tem is unable to provide immediate con- bility, the Secretary shall extend the period the Secretary shall specify; and firmation or further action notice for tech- for providing confirmation or nonconfirma- ‘‘(III) such other information as the Sec- nological reasons or due to unforeseen cir- tion for stated periods beyond 10 business retary may require to determine the identity cumstances, the System shall provide a con- days. When confirmation or nonconfirmation and employment authorization of an indi- firmation or further action notice not later is provided, the confirmation system shall vidual. than 3 business days after the initial inquiry. provide an appropriate code indicating such ‘‘(vi) PRESENTATION OF DOCUMENTATION.— ‘‘(ii) CONFIRMATION UPON INITIAL INQUIRY.— confirmation or nonconfirmation. The employer, and the individual whose If the employer receives an appropriate con- ‘‘(V) REEXAMINATION.—Nothing in this sec- identity and employment authorized status firmation of an individual’s identity and em- tion shall prevent the Secretary from estab- are being confirmed, shall fulfill the require- ployment authorized status under the Sys- lishing procedures to reexamine a case where ments under subsection (c). tem, the employer shall record the confirma- a confirmation or nonconfirmation has been ‘‘(B) SEEKING CONFIRMATION.— tion in such manner as the Secretary may provided if subsequently received informa- ‘‘(i) IN GENERAL.—An employer shall use specify. tion indicates that the confirmation or non- the System to confirm the identity and em- ‘‘(iii) FURTHER ACTION NOTICE AND LATER confirmation may not have been correct. ployment authorized status of any individual CONFIRMATION OR NONCONFIRMATION.— Any procedures for reexamination shall not during— ‘‘(I) NOTIFICATION AND ACKNOWLEDGMENT limit in any way an employee’s right to ap- ‘‘(I) the period beginning on the date on THAT FURTHER ACTION IS REQUIRED.—Not later peal a nonconfirmation. which the individual accepts an offer of em- than 3 business days after an employer re- ‘‘(VI) EMPLOYEE PROTECTIONS.—An em- ployment and ending 3 business days after ceives a further action notice of an individ- ployer may not terminate employment or the date on which employment begins; or ual’s identity or employment eligibility take any other adverse action against an in- ‘‘(II) such other reasonable period as the under the System, or during such other rea- dividual solely because of a failure of the in- Secretary may prescribe. sonable time as the Secretary may prescribe, dividual to have identity and employment ‘‘(ii) LIMITATION.—An employer may not the employer shall notify the individual for eligibility confirmed under this subsection make the starting date of an individual’s em- whom the confirmation is sought of the fur- until— ployment or training or any other term and ther action notice and any procedures speci- ‘‘(aa) a nonconfirmation has been issued; condition of employment dependent on the fied by the Secretary for addressing such no- ‘‘(bb) if the further action notice was con- receipt of a confirmation of identity and em- tice. The further action notice shall be given tested, the period to timely file an adminis- ployment authorized status by the System. to the individual in writing and the em- trative appeal has expired without an appeal

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00053 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.028 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5156 CONGRESSIONAL RECORD — SENATE June 25, 2013 or the contestation to the further action no- ‘‘(I) any case in which the Director believes ject to monitoring to the same extent as di- tice is withdrawn; or that a social security number has been false- rect access users; and ‘‘(cc) if an appeal before an administrative ly or fraudulently used; and ‘‘(iii) for establishing standards for certifi- law judge under paragraph (7) has been filed, ‘‘(II) any case in which a false or fraudu- cation of electronic I–9 programs. the nonconfirmation has been upheld or the lent document is used by an employee who ‘‘(G) REQUIREMENT TO PROVIDE INFORMA- appeal has been withdrawn or dismissed. has received a further action notice to re- TION.— ‘‘(iv) NOTICE OF NONCONFIRMATION.—Not solve such notice. ‘‘(i) IN GENERAL.—No later than 3 months later than 3 business days after an employer ‘‘(E) OBLIGATION TO RESPOND TO QUERIES after the date of the enactment of the Border receives a nonconfirmation, or during such AND ADDITIONAL INFORMATION.— Security, Economic Opportunity, and Immi- other reasonable time as the Secretary may ‘‘(i) IN GENERAL.—Employers shall comply gration Modernization Act, the Secretary, in provide, the employer shall notify the indi- with requests for information from the Sec- consultation with the Secretary of Labor, vidual who is the subject of the nonconfirma- retary and the Special Counsel for Immigra- the Secretary of Agriculture, the Commis- tion, and provide information about filing an tion-Related Unfair Employment Practices sioner, the Attorney General, the Equal Em- administrative appeal pursuant to paragraph of the Department of Justice, including que- ployment Opportunity Commission, and the (6) and a request for a hearing before an ad- ries concerning current and former employ- Administrator of the Small Business Admin- ministrative law judge pursuant to para- ees, within the time frame during which istration, shall commence a campaign to dis- graph (7). The nonconfirmation notice shall records are required to be maintained under seminate information respecting the proce- be given to the individual in writing and the this section regarding such former employ- dures, rights, and remedies prescribed under employer shall acknowledge in the System ees, if such information relates to the func- this section. under penalty of perjury that it provided the tioning of the System, the accuracy of the ‘‘(ii) CAMPAIGN REQUIREMENTS.—The cam- notice (or adequately attempted to provide responses provided by the System, or any paign authorized under clause (i)— notice, but was unable to do so despite rea- suspected misuse, discrimination, fraud, or ‘‘(I) shall be aimed at increasing the sonable efforts). The individual shall affirm- identity theft in the use of the System. Fail- knowledge of employers, employees, and the atively acknowledge in writing, or in such ure to comply with a request under this general public concerning employer and em- other manner as the Secretary may pre- clause constitutes a violation of subsection ployee rights, responsibilities, and remedies scribe, the receipt of the nonconfirmation (a)(1)(B). under this section; and notice from the employer. If the individual ‘‘(ii) ACTION BY INDIVIDUALS.— ‘‘(II) shall be coordinated with the public refuses or fails to acknowledge the receipt of ‘‘(I) IN GENERAL.—Individuals being the nonconfirmation notice, the employer verified through the System may be required education campaign conducted by U.S. Citi- shall notify the Secretary in such manner as to take further action to address questions zenship and Immigration Services. the Secretary may prescribe. identified by the Secretary or the Commis- ‘‘(iii) ASSESSMENT.—The Secretary shall ‘‘(D) CONSEQUENCES OF NONCONFIRMATION.— sioner regarding the documents relied upon assess the success of the campaign in achiev- ‘‘(i) TERMINATION OF CONTINUED EMPLOY- for purposes of subsection (c). ing the goals of the campaign. MENT.—Except as provided in clause (iii), an ‘‘(II) NOTIFICATION.—Not later than 3 busi- ‘‘(iv) AUTHORITY TO CONTRACT.—In order to employer that has received a nonconfirma- ness days after the receipt of such questions carry out and assess the campaign under this tion regarding an individual and has made regarding an individual, or during such other subparagraph, the Secretary may, to the ex- reasonable efforts to notify the individual in reasonable time as the Secretary may pre- tent deemed appropriate and subject to the accordance with subparagraph (C)(iv) shall scribe, the employer shall— availability of appropriations, contract with terminate the employment of the individual ‘‘(aa) notify the individual of any such re- public and private organizations for outreach upon the expiration of the time period speci- quirement for further actions; and and assessment activities under the cam- fied in paragraph (7). ‘‘(bb) record the date and manner of such paign. ‘‘(ii) CONTINUED EMPLOYMENT AFTER NON- notification. ‘‘(v) AUTHORIZATION OF APPROPRIATIONS.— CONFIRMATION.—If the employer continues to ‘‘(III) ACKNOWLEDGMENT.—The individual There are authorized to be appropriated to employ an individual after receiving noncon- shall acknowledge the notification received carry out this paragraph $40,000,000 for each firmation and exhaustion of all appeals or from the employer under subclause (II) in of the fiscal years 2014 through 2016. expiration of all rights to appeal if not ap- writing, or in such other manner as the Sec- ‘‘(H) AUTHORITY TO MODIFY INFORMATION pealed, in violation of clause (i), a rebuttable retary may prescribe. REQUIREMENTS.—Based on a regular review of presumption is created that the employer ‘‘(iii) RULEMAKING.— the System and the document verification has violated paragraphs (1)(A) and (2) of sub- ‘‘(I) IN GENERAL.—The Secretary, in con- procedures to identify misuse or fraudulent section (a). Such presumption shall not sultation with the Commissioner and the At- use and to assess the security of the docu- apply in any prosecution under subsection torney General, is authorized to issue regula- ments and processes used to establish iden- (k)(1). tions implementing, clarifying, and tity or employment authorized status, the ‘‘(iii) EFFECT OF ADMINISTRATIVE APPEAL OR supplementing the requirements under this Secretary, in consultation with the Commis- REVIEW BY ADMINISTRATIVE LAW JUDGE.—If an subparagraph— sioner, after publication of notice in the Fed- individual files an administrative appeal of ‘‘(aa) to facilitate the functioning, accu- eral Register and an opportunity for public the nonconfirmation within the time period racy, and fairness of the System; comment, may modify, if the Secretary de- specified in paragraph (6)(A), or files for re- ‘‘(bb) to prevent misuse, discrimination, termines that the modification is necessary view with an administrative law judge speci- fraud, or identity theft in the use of the Sys- to ensure that the System accurately and re- fied in paragraph (7)(A), the employer shall tem; or liably determines the identity and employ- not terminate the individual’s employment ‘‘(cc) to protect and maintain the confiden- ment authorized status of employees and under this subparagraph prior to the resolu- tiality of information that could be used to maintain existing protections against mis- tion of the administrative appeal unless the locate or otherwise place at risk of harm vic- use, discrimination, fraud, and identity Secretary or Commissioner terminates the tims of domestic violence, dating violence, theft— stay under paragraph (6)(B) or (7)(B). sexual assault, stalking, and human traf- ‘‘(i) the information that shall be pre- ‘‘(iv) WEEKLY REPORT.—The Director of ficking, and of the applicant or beneficiary sented to the employer by an individual; U.S. Citizenship and Immigration Services of any petition described in section 384(a)(2) ‘‘(ii) the information that shall be provided shall submit a weekly report to the Assist- of the Illegal Immigration Reform and Immi- to the System by the employer; and ant Secretary for Immigration and Customs grant Responsibility Act of 1996 (8 U.S.C. ‘‘(iii) the procedures that shall be followed Enforcement that includes, for each indi- 1367(a)(2)). by employers with respect to the process of vidual who receives final nonconfirmation ‘‘(II) NOTICE.—The regulations issued under through the System— subclause (I) shall be— verifying an individual through the System. ‘‘(I) the name of such individual; ‘‘(aa) published in the Federal Register; ‘‘(I) SELF-VERIFICATION.—Subject to appro- ‘‘(II) his or her social security number or and priate safeguards to prevent misuse of the alien file number; ‘‘(bb) provided directly to all employers system, the Secretary, in consultation with ‘‘(III) the name and contact information registered in the System. the Commissioner, shall establish a secure for his or her current employer; and ‘‘(F) DESIGNATED AGENTS.—The Secretary self-verification procedure to permit an indi- ‘‘(IV) any other critical information that shall establish a process— vidual who seeks to verify the individual’s the Assistant Secretary determines to be ap- ‘‘(i) for certifying, on an annual basis or at own employment eligibility to contact the propriate. such times as the Secretary may prescribe, appropriate agency and, in a timely manner, ‘‘(v) OTHER REFERRAL.—The Director of designated agents and other System service correct or update the information contained U.S. Citizenship and Immigration Services providers seeking access to the System to in the System. shall refer to the Assistant Secretary for Im- perform verification queries on behalf of em- ‘‘(5) PROTECTION FROM LIABILITY FOR AC- migration and Customs Enforcement for ap- ployers, based upon training, usage, privacy, TIONS TAKEN ON THE BASIS OF INFORMATION propriate action by the Assistant Secretary and security standards prescribed by the PROVIDED BY THE SYSTEM.—An employer shall or for referral by the Assistant Secretary to Secretary; not be liable to a job applicant, an employee, another law enforcement agency, as appro- ‘‘(ii) for ensuring that designated agents the Federal Government, or a State or local priate— and other System service providers are sub- government, under Federal, State, or local

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00054 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.028 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5157

criminal or civil law for any employment-re- ‘‘(D) AUTHORITY OF ADMINISTRATIVE LAW which the individual was not in employment lated action taken with respect to a job ap- JUDGE.— authorized status. plicant or employee in good faith reliance on ‘‘(i) RULES OF PRACTICE.—The Secretary ‘‘(iii) PAYMENT OF COMPENSATION.—Not- information provided by the System. shall promulgate regulations regarding the withstanding any other law, payment of ‘‘(6) ADMINISTRATIVE APPEAL.— rules of practice in appeals brought pursuant compensation for lost wages, costs, and at- ‘‘(A) IN GENERAL.—An individual who is no- to this subsection. torneys’ fees under this paragraph, or com- tified of a nonconfirmation may, not later ‘‘(ii) AUTHORITY OF ADMINISTRATIVE LAW promise settlements of the same, shall be than 10 business days after the date that JUDGE.—The administrative law judge shall made as provided by section 1304 of title 31, such notice is received, file an administra- have power to— United States Code. Appropriations made tive appeal of such nonconfirmation with the ‘‘(I) terminate a stay of a nonconfirmation available to the Secretary or the Commis- Commissioner if the notice is based on under subparagraph (B) if the administrative sioner, accounts provided for under section records maintained by the Commissioner, or law judge determines that the action is friv- 286, and funds from the Federal Old-Age and olous or filed for purposes of delay; in any other case, with the Secretary. An in- Survivors Insurance Trust Fund or the Fed- ‘‘(II) adduce evidence at a hearing; dividual who did not timely contest a further eral Disability Insurance Trust Fund shall ‘‘(III) compel by subpoena the attendance action notice timely received by that indi- not be available to pay such compensation. vidual for which the individual acknowl- of witnesses and the production of evidence at any designated place or hearing; ‘‘(G) APPEAL.—No later than 45 days after edged receipt may not be granted a review the entry of such final order, any person ad- under this paragraph. ‘‘(IV) resolve claims of identity theft; and ‘‘(V) enter, upon the pleadings and any evi- versely affected by such final order may seek ‘‘(B) ADMINISTRATIVE STAY OF NONCON- dence adduced at a hearing, a decision af- review of such order in the United States FIRMATION.—The nonconfirmation shall be firming or reversing the result of the agency, Court of Appeals for the circuit in which the automatically stayed upon the timely filing with or without remanding the cause for a violation is alleged to have occurred or in of an administrative appeal, unless the non- rehearing. which the employer resides or transacts confirmation resulted after the individual ‘‘(iii) SUBPOENA.—In case of contumacy or business. acknowledged receipt of the further action refusal to obey a subpoena lawfully issued ‘‘(8) MANAGEMENT OF THE SYSTEM.— notice but failed to contact the appropriate under this section and upon application of ‘‘(A) IN GENERAL.—The Secretary is author- agency within the time provided. The stay the administrative law judge, an appropriate ized to establish, manage, and modify the shall remain in effect until the resolution of district court of the United States may issue System, which shall— the appeal, unless the Secretary or the Com- an order requiring compliance with such sub- ‘‘(i) respond to inquiries made by partici- missioner terminates the stay based on a de- poena and any failure to obey such order pating employers at any time through the termination that the administrative appeal may be punished by such court as a con- internet, or such other means as the Sec- is frivolous or filed for purposes of delay. tempt of such court. retary may designate, concerning an individ- ‘‘(C) REVIEW FOR ERROR.—The Secretary ‘‘(iv) TRAINING.—An administrative law ual’s identity and whether the individual is and the Commissioner shall develop proce- judge hearing cases shall have special train- in employment authorized status; dures for resolving administrative appeals ing respecting employment authorized status ‘‘(ii) maintain records of the inquiries that regarding nonconfirmations based upon the verification. were made, of confirmations provided (or not information that the individual has pro- ‘‘(E) ORDER BY ADMINISTRATIVE LAW provided), and of the codes provided to em- vided, including any additional evidence or JUDGE.— ployers as evidence of their compliance with argument that was not previously consid- ‘‘(i) IN GENERAL.—The administrative law their obligations under the System; and ered. Any such additional evidence or argu- judge shall issue and cause to be served to ‘‘(iii) provide information to, and require ment shall be filed within 10 business days of the parties in the proceeding an order which action by, employers and individuals using the date the appeal was originally filed. Ap- may be appealed as provided in subparagraph the System. peals shall be resolved within 20 business (G). ‘‘(B) DESIGN AND OPERATION OF SYSTEM.— days after the individual has submitted all ‘‘(ii) CONTENTS OF ORDER.—Such an order The System shall be designed and operated— evidence and arguments the individual wish- shall uphold or reverse the final determina- ‘‘(i) to maximize its reliability and ease of es to submit, or has stated in writing that tion on the request for reconsideration and use by employers consistent with protecting there is no additional evidence that the indi- order lost wages and other appropriate rem- the privacy and security of the underlying vidual wishes to submit. The Secretary and edies as provided in subparagraph (F). information, and ensuring full notice of such the Commissioner may, on a case by case ‘‘(F) COMPENSATION FOR ERROR.— use to employees; basis for good cause, extend the filing and ‘‘(i) IN GENERAL.—In cases in which the ad- ‘‘(ii) to maximize its ease of use by em- submission period in order to ensure accu- ministrative law judge reverses the final de- ployees, including direct notification of its rate resolution of an appeal before the Sec- termination of the Secretary or the Commis- use, of results, and ability to challenge re- retary or the Commissioner. sioner made under paragraph (6), and the ad- sults; ‘‘(D) PREPONDERANCE OF EVIDENCE.—Ad- ministrative law judge finds that— ‘‘(iii) to respond accurately to all inquiries ministrative appeal under this paragraph ‘‘(I) the nonconfirmation was due to gross made by employers on whether individuals shall be limited to whether a nonconfirma- negligence or intentional misconduct of the are authorized to be employed and to reg- tion notice is supported by a preponderance employer, the administrative law judge may of the evidence. order the employer to pay the individual lost ister any times when the system is unable to receive inquiries; ‘‘(E) DAMAGES, FEES, AND COSTS.—No wages, and reasonable costs and attorneys’ money damages, fees or costs may be award- fees incurred during administrative and judi- ‘‘(iv) to maintain appropriate administra- ed in the administrative appeal process cial review; or tive, technical, and physical safeguards to under this paragraph. ‘‘(II) such final determination was erro- prevent unauthorized disclosure of personal ‘‘(7) REVIEW BY ADMINISTRATIVE LAW neous by reason of the negligence of the Sec- information, misuse by employers and em- JUDGE.— retary or the Commissioner, the administra- ployees, and discrimination; ‘‘(A) IN GENERAL.—Not later than 30 days tive law judge may order the Secretary or ‘‘(v) to require regularly scheduled re- after the date an individual receives a final the Commissioner to pay the individual lost fresher training of all users of the System to determination on an administrative appeal wages, and reasonable costs and attorneys’ ensure compliance with all procedures; under paragraph (6), the individual may ob- fees incurred during the administrative ap- ‘‘(vi) to allow for auditing of the use of the tain review of such determination by filing a peal and the administrative law judge re- System to detect misuse, discrimination, complaint with a Department of Justice ad- view. fraud, and identity theft, to protect privacy ministrative law judge in accordance with ‘‘(ii) CALCULATION OF LOST WAGES.—Lost and assess System accuracy, and to preserve this paragraph. wages shall be calculated based on the wage the integrity and security of the information ‘‘(B) STAY OF NONCONFIRMATION.—The non- rate and work schedule that prevailed prior in all of the System, including— confirmation related to such final deter- to termination. The individual shall be com- ‘‘(I) to develop and use tools and processes mination shall be automatically stayed upon pensated for wages lost beginning on the to detect or prevent fraud and identity theft, the timely filing of a complaint under this first scheduled work day after employment such as multiple uses of the same identifying paragraph, and the stay shall remain in ef- was terminated and ending 120 days after information or documents to fraudulently fect until the resolution of the complaint, completion of the administrative law judge’s gain employment; unless the administrative law judge deter- review described in this paragraph or the day ‘‘(II) to develop and use tools and processes mines that the action is frivolous or filed for after the individual is reinstated or obtains to detect and prevent misuse of the system purposes of delay. employment elsewhere, whichever occurs by employers and employees; ‘‘(C) SERVICE.—The respondent to com- first. If the individual obtains employment ‘‘(III) to develop tools and processes to de- plaint filed under this paragraph is either elsewhere at a lower wage rate, the indi- tect anomalies in the use of the system that the Secretary or the Commissioner, but not vidual shall be compensated for the dif- may indicate potential fraud or misuse of both, depending upon who issued the admin- ference in wages for the period ending 120 the system; istrative order under paragraph (6). In addi- days after completion of the administrative ‘‘(IV) to audit documents and information tion to serving the respondent, the plaintiff law judge review process. No lost wages shall submitted by employees to employers, in- shall serve the Attorney General. be awarded for any period of time during cluding authority to conduct interviews with

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00055 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.028 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5158 CONGRESSIONAL RECORD — SENATE June 25, 2013 employers and employees, and obtain infor- that can be offered to individuals and enti- the System had an error rate higher than 0.3 mation concerning employment from the ties using the System and that may be used percent for the previous fiscal year, the civil employer; at the option of employees to facilitate iden- penalty assessable by the Secretary or an ad- ‘‘(vii) to confirm identity and employment tity verification, but would not be required ministrative law judge under that subsection authorization through verification and com- of either employers or employees; and for each first-time violation by an employer parison of records as determined necessary ‘‘(XII) to the greatest extent possible, in who has not previously been penalized under by the Secretary; accordance with the time frames specified in this section may not exceed $1,000. ‘‘(viii) to confirm electronically the this section; and ‘‘(iv) RECORDS SECURITY PROGRAM.—Any issuance of the employment authorization or ‘‘(x) to provide appropriate notification di- person, including a private third party ven- identity document and— rectly to employers registered with the Sys- dor, who retains document verification or ‘‘(I) if such photograph is available, to dis- tem of all changes made by the Secretary or System data pursuant to this section shall play the digital photograph that the issuer the Commissioner related to allowed and implement an effective records security pro- placed on the document so that the employer prohibited documents, and use of the Sys- can compare the photograph displayed to the tem. gram that— photograph on the document presented by ‘‘(C) SAFEGUARDS TO THE SYSTEM.— ‘‘(I) ensures that only authorized personnel the employee; or ‘‘(i) REQUIREMENT TO DEVELOP.—The Sec- have access to document verification or Sys- ‘‘(II) if a photograph is not available from retary, in consultation with the Commis- tem data; and the issuer, to confirm the authenticity of the sioner and other appropriate Federal and ‘‘(II) ensures that whenever such data is document using additional security meas- State agencies, shall develop policies and created, completed, updated, modified, al- ures set forth in subsection (c)(1)(F)(iv); procedures to ensure protection of the pri- tered, or corrected in electronic format, a se- ‘‘(ix) to employ specific and effective addi- vacy and security of personally identifiable cure record is created that establishes the tional security measures set forth in sub- information and identifiers contained in the date of access, the identity of the individual section (c)(1)(F)(iv) to adequately verify the records accessed or maintained by the Sys- who accessed the electronic record, and the identity of an individual that are designed tem. The Secretary, in consultation with the particular action taken. and operated— Commissioner and other appropriate Federal ‘‘(v) RECORDS SECURITY PROGRAM.—In addi- ‘‘(I) to use state-of-the-art technology to and State agencies, shall develop and deploy tion to the security measures described in determine to a high degree of accuracy appropriate privacy and security training for clause (iv), a private third party vendor who whether an individual presenting biographic the Federal and State employees accessing retains document verification or System information is the individual with that true the records under the System. data pursuant to this section shall imple- identity; ‘‘(ii) PRIVACY AUDITS.—The Secretary, act- ment an effective records security program ‘‘(II) to retain under the control of the Sec- ing through the Chief Privacy Officer of the that— retary the use of all determinations commu- Department, shall conduct regular privacy ‘‘(I) provides for backup and recovery of nicated by the System, regardless of the en- audits of the policies and procedures estab- any records maintained in electronic format tity operating the system pursuant to a con- lished under clause (i) and the Department’s to protect against information loss, such as tract or other agreement with a nongovern- compliance with the limitations set forth in power interruptions; and mental entity or entities to the extent help- subsection (c)(1)(F)(iii)(IV), including any ‘‘(II) ensures that employees are trained to ful in acquiring the best technology to im- collection, use, dissemination, and mainte- minimize the risk of unauthorized or acci- plement the additional security measures; nance of personally identifiable information dental alteration or erasure of such data in ‘‘(III) to be integrated with the System so and any associated information technology electronic format. that employment authorizations will be de- systems, as well as scope of requests for this termined for all individuals identified as pre- information. The Chief Privacy Officer shall ‘‘(vi) AUTHORIZED PERSONNEL DEFINED.—In senting their true identities through the review the results of the audits and rec- this subparagraph, the term authorized per- databases maintained by the Commissioner ommend to the Secretary any changes nec- sonnel means anyone registered as a System of Social Security and the Secretary; essary to improve the privacy protections of user, or anyone with partial or full responsi- ‘‘(IV) to use tools and processes to detect the program. bility for completion of employment author- and prevent further action notices and final ‘‘(iii) ACCURACY AUDITS.— ization verification or retention of data in nonconfirmations that are not correlated to ‘‘(I) IN GENERAL.—Not later than November connection with employment authorization fraud or identity theft; 30 of each year, the Inspector General of the verification on behalf of an employer. ‘‘(V) to make risk-based assessments re- Department of Homeland Security shall sub- ‘‘(D) AVAILABLE FACILITIES AND ALTER- garding the reliability of a claim of identity mit a report to the Secretary, with a copy to NATIVE ACCOMMODATIONS.—The Secretary made by an individual presenting biographic the President of the Senate and the Speaker shall make appropriate arrangements and information and to tailor the identity deter- of the House of Representatives, that sets develop standards to allow employers or em- mination in accordance with those assess- forth the error rate of the System for the ployees, including remote hires, who are oth- ments; previous fiscal year and the assessments re- erwise unable to access the System to use ‘‘(VI) to permit queries to be presented to quired to be submitted by the Secretary electronic and telephonic formats (including individuals subject to identity verification under subparagraphs (A) and (B) of para- video conferencing, scanning technology, at the time their identities are being verified graph (10). The report shall describe in detail and other available technologies), Federal in a manner that permits rapid communica- the methodology employed for purposes of Government facilities, public facilities, or tion through Internet, mobile phone, and the report, and shall make recommendations other available locations in order to utilize landline telephone connections to facilitate for how error rates may be reduced. the System. identity proofing; ‘‘(II) ERROR RATE DEFINED.—In this clause, ‘‘(E) RESPONSIBILITIES OF THE SECRETARY.— ‘‘(VII) to generate queries that conform to the term error rate means the percentage de- ‘‘(i) IN GENERAL.—As part of the System, the context of the identity verification proc- termined by dividing— the Secretary shall maintain a reliable, se- ess and the circumstances of the individual ‘‘(aa) the number of employment author- cure method, which, operating through the whose identity is being verified; ized individuals who received further action System and within the time periods speci- ‘‘(VIII) to use publicly available databases notices, contested such notices, and were fied, compares the name, alien identification and databases under the jurisdiction of the subsequently found to be employment au- or authorization number, or other informa- Commissioner of Social Security, the Sec- thorized; by tion as determined relevant by the Sec- retary, and the Secretary of State to formu- ‘‘(bb) the number of System inquiries sub- retary, provided in an inquiry against such late queries to be presented to individuals mitted for employment authorized individ- whose identities are being verified, as appro- uals. information maintained or accessed by the Secretary in order to confirm (or not con- priate; ‘‘(III) ERROR RATE DETERMINATION.—The ‘‘(IX) to not retain data collected by the audits required under this clause shall— firm) the validity of the information pro- System within any database separate from ‘‘(aa) determine the error rate for identity vided, the correspondence of the name and the database in which the operating system determinations pursuant to subsection number, whether the alien has employment is located and to limit access to the existing (c)(1)(F) for individuals presenting their true authorized status (or, to the extent that the databases to a reference process that shields identities in the same manner and applying Secretary determines to be feasible and ap- the operator of the System from acquiring the same standards as for employment au- propriate, whether the records available to possession of the data beyond the formula- thorization; and the Secretary verify the identity or status of tion of queries and verification of responses; ‘‘(bb) include recommendations, as pro- a national of the United States), and such ‘‘(X) to not permit individuals or entities vided in subclause (I), but no reduction in other information as the Secretary may pre- using the System to access any data related fines pursuant to subclause (IV). scribe. to the individuals whose identities are being ‘‘(IV) REDUCTION OF PENALTIES FOR RECORD- ‘‘(ii) PHOTOGRAPH DISPLAY.—As part of the verified beyond confirmations, further ac- KEEPING OR VERIFICATION PRACTICES FOL- System, the Secretary shall establish a reli- tion notices, and final nonconfirmations of LOWING PERSISTENT SYSTEM INACCURACIES.— able, secure method, which, operating identity; Notwithstanding subsection (e)(4)(C)(i), in through the System, displays the digital ‘‘(XI) to include, if feasible, a capability any calendar year following a report by the photograph described in subparagraph for permitting document or other inputs Inspector General under subclause (I) that (B)(viii)(I).

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00056 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.028 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5159

‘‘(iii) TIMING OF NOTICES.—The Secretary provide funding for reimbursement of the ac- ‘‘(ii) Use of the System for nonemployees shall have authority to prescribe when a con- tual costs to States that grant— or other individuals before they are offered firmation, nonconfirmation, or further ac- ‘‘(I) the Secretary access to driver’s license employment. tion notice shall be issued. information as needed to confirm that a ‘‘(iii) Use of the System to reverify em- ‘‘(iv) USE OF INFORMATION.—The Secretary driver’s license presented under subsection ployment authorized status of current em- shall perform regular audits under the Sys- (c)(1)(D)(i) confirms the identity of the sub- ployees except if authorized to do so. tem, as described in subparagraph (B)(vi) and ject of the System check, and that a driver’s ‘‘(iv) Use of the System selectively, except shall utilize the information obtained from license matches the State’s records; and in cases in which such use is authorized. such audits, as well as any information ob- ‘‘(II) such assistance as the Secretary may ‘‘(v) Use of the System to deny employ- tained from the Commissioner pursuant to request in order to resolve further action no- ment or post-employment benefits or other- part E of title XI of the Social Security Act tices or nonconfirmations relating to such wise interfere with labor rights. (42 U.S.C. 1301 et seq.), for the purposes of information. ‘‘(vi) Requiring employees or applicants to this section and to administer and enforce ‘‘(ii) CONSTRUCTION WITH THE DRIVER’S PRI- the immigration laws. use any self-verification feature or to pro- VACY PROTECTION ACT OF 1994.—The provision ‘‘(v) IDENTITY FRAUD PROTECTION.—To pre- vide self-verification results. of a photograph to the Secretary as de- vent identity fraud, not later than 18 months ‘‘(vii) Discouraging individuals who receive after the date of the enactment of the Border scribed in clause (i) may not be construed as a further action notice from challenging the Security, Economic Opportunity, and Immi- a violation of section 2721 of title 18, United further action notice or appealing a deter- gration Modernization Act, the Secretary States Code, and is a permissible use under mination made by the System. shall— subsection (b)(1) of that section. ‘‘(E) An assessment of the rate of employee ‘‘(I) in consultation with the Commis- ‘‘(iii) AUTHORIZATION OF APPROPRIATIONS.— noncompliance in each of the following cat- sioner, establish a program to provide a reli- There is authorized to be appropriated to the egories: able, secure method for an individual to tem- Secretary, from the Comprehensive Immi- ‘‘(i) Obtaining employment when unau- porarily suspend or limit the use of the indi- gration Reform Trust Fund established thorized with an employer complying with vidual’s social security account number or under section 6(a)(1), $500,000,000 to carry out the System in good faith. other identifying information for this subparagraph. ‘‘(ii) Failure to provide required documents verification by the System; and ‘‘(G) RESPONSIBILITIES OF THE SECRETARY in a timely manner. ‘‘(II) for each individual being verified OF STATE.—As part of the System, the Sec- ‘‘(iii) Attempting to use fraudulent docu- through the System— retary of State shall provide to the Sec- ments or documents not related to the indi- ‘‘(aa) notify the individual that the indi- retary access to passport and visa informa- vidual. vidual has the option to limit the use of the tion as needed to confirm that a passport, ‘‘(iv) Misuse of the administrative appeal individual’s social security account number passport card, or visa presented under sub- and judicial review process. or other identifying information for section (c)(1)(C) confirms the identity of the ‘‘(F) An assessment of the amount of time verification by the System; and subject of the System check, and that a pass- taken for— ‘‘(bb) provide instructions to the individ- port, passport card, or visa photograph ‘‘(i) the System to provide the confirma- uals for exercising the option referred to in matches the Secretary of State’s records, tion or further action notice; item (aa). and shall provide such assistance as the Sec- ‘‘(ii) individuals to contest further action ‘‘(vi) ALLOWING PARENTS TO PREVENT THEFT retary may request in order to resolve fur- notices; OF THEIR CHILD’S IDENTITY.—The Secretary, ther action notices or nonconfirmations re- ‘‘(iii) the System to provide a confirmation in consultation with the Commissioner, shall lating to such information. or nonconfirmation of a contested further establish a program that provides a reliable, ‘‘(H) UPDATING INFORMATION.—The Com- action notice; secure method by which parents or legal missioner, the Secretary, and the Secretary ‘‘(iv) individuals to file an administrative guardians may suspend or limit the use of of State shall update their information in a appeal of a nonconfirmation; and the social security account number or other manner that promotes maximum accuracy ‘‘(v) resolving administrative appeals re- identifying information of a minor under and shall provide a process for the prompt garding nonconfirmations. their care for the purposes of the System. correction of erroneous information. ‘‘(11) ANNUAL GAO STUDY AND REPORT.— The Secretary may implement the program ‘‘(9) LIMITATION ON USE OF THE SYSTEM.— ‘‘(A) REQUIREMENT.—The Comptroller Gen- on a limited pilot program basis before mak- Notwithstanding any other provision of law, eral shall, for each year, undertake a study ing it fully available to all individuals. no department, bureau, or other agency of to evaluate the accuracy, efficiency, integ- ‘‘(vii) PROTECTION FROM MULTIPLE USE.— the United States Government or any other rity, and impact of the System. The Secretary and the Commissioner shall entity shall utilize, share, or transmit any establish a procedure for identifying and EPORT information, database, or other records as- ‘‘(B) R .—Not later than 18 months handling a situation in which a social secu- sembled under this subsection for any pur- after the promulgation of regulations to im- rity account number has been identified to pose other than for employment verification plement this subsection, and yearly there- be subject to unusual multiple use in the or to ensure secure, appropriate and non- after, the Comptroller General shall submit System or is otherwise suspected or deter- discriminatory use of the System. to Congress a report containing the findings mined to have been compromised by identity of the study carried out under this para- ‘‘(10) ANNUAL REPORT AND CERTIFICATION.— fraud. Such procedure shall include notifying graph. Each such report shall include, at a the legitimate holder of the social security Not later than 18 months after the promulga- tion of regulations to implement this sub- minimum, the following: number at the appropriate time. ‘‘(i) An assessment of System performance ‘‘(viii) MONITORING AND COMPLIANCE UNIT.— section, and annually thereafter, the Sec- retary shall submit to Congress a report that with respect to the rate at which individuals The Secretary shall establish or designate a who are eligible for employment in the monitoring and compliance unit to detect includes the following: ‘‘(A) An assessment, as submitted to the United States are correctly approved within and reduce identity fraud and other misuse the required periods, including a separate as- of the System. Secretary by the Inspector General of the sessment of such rate for naturalized United ‘‘(ix) CIVIL RIGHTS AND CIVIL LIBERTIES AS- Department of Homeland Security pursuant States citizens, nationals of the United SESSMENTS.— to paragraph (8)(C)(iii)(I), of the accuracy States, and aliens. ‘‘(I) REQUIREMENT TO CONDUCT.—The Sec- rates of further action notices and other Sys- ‘‘(ii) An assessment of the privacy and con- retary shall conduct regular civil rights and tem notices provided by employers to indi- fidentiality of the System and of the overall civil liberties assessments of the System, in- viduals who are authorized to be employed in cluding participation by employers, other the United States. security of the System with respect to private entities, and Federal, State, and ‘‘(B) An assessment, as submitted to the cybertheft and theft or misuse of private local government entities. Secretary by the Inspector General of the data. ‘‘(II) REQUIREMENT TO RESPOND.—Employ- Department of Homeland Security pursuant ‘‘(iii) An assessment of whether the Sys- ers, other private entities, and Federal, to paragraph (8)(C)(iii)(I), of the accuracy tem is being implemented in a manner that State, and local entities shall timely respond rates of further action notices and other Sys- is not discriminatory or used for retaliation to any request in connection with such an tem notices provided directly (by the Sys- against employees. assessment. tem) in a timely fashion to individuals who ‘‘(iv) An assessment of the most common ‘‘(III) ASSESSMENT AND RECOMMENDA- are not authorized to be employed in the causes for the erroneous issuance of noncon- TIONS.—The Officer for Civil Rights and Civil United States. firmations by the System and recommenda- Liberties of the Department shall review the ‘‘(C) An assessment of any challenges faced tions to correct such causes. results of each such assessment and rec- by small employers in utilizing the System. ‘‘(v) The recommendations of the Comp- ommend to the Secretary any changes nec- ‘‘(D) An assessment of the rate of employer troller General regarding System improve- essary to improve the civil rights and civil noncompliance (in addition to failure to pro- ments. liberties protections of the System. vide required notices in a timely fashion) in ‘‘(vi) An assessment of the frequency and ‘‘(F) GRANTS TO STATES.— each of the following categories: magnitude of changes made to the System ‘‘(i) IN GENERAL.—The Secretary shall cre- ‘‘(i) Taking adverse action based on a fur- and the impact on the ability for employers ate and administer a grant program to help ther action notice. to comply in good faith.

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00057 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.028 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5160 CONGRESSIONAL RECORD — SENATE June 25, 2013 ‘‘(vii) An assessment of the direct and indi- ‘‘(ii) a finding by an administrative law and for other purposes; which was or- rect costs incurred by employers in com- judge that a violation of this section has oc- dered to lie on the table; as follows: plying with the System, including costs as- curred; or At the appropriate place, insert the fol- sociated with retaining potential employees ‘‘(B) committed the violation in order to lowing: through the administrative appeals process interfere with ‘workplace rights’ (as defined and receiving a nonconfirmation. in section 274A(b)(8)). SEC. lll. BORDER PATROL RATE OF PAY. ‘‘(viii) An assessment of any backlogs or ‘‘(11) GOOD FAITH.—As used in paragraph (a) PURPOSE.—The purposes of this section delays in the System providing the con- (10), the term ‘good faith’ shall not include are— firmation or further action notice and im- any action taken in order to interfere with (1) to strengthen U.S. Customs and Border pacts to hiring by employers. ‘workplace rights’ (as defined in section Protection and ensure border patrol agents ‘‘(ix) An assessment of the effect of the 274A(b)(8)). Neither the Office of Special are sufficiently ready to conduct necessary identity authentication mechanism and any Counsel nor an administrative law judge work and that agents will perform overtime other security measures set forth in sub- hearing a claim under this section shall have hours in excess of a 40 hour work week based section (c)(1)(F)(iv) to verify identity incor- any authority to assess workplace rights on the needs of the employing agency; and porated into the System or otherwise used other than those guaranteed under this sec- (2) to ensure U.S. Customs and Border Pro- by employers on employees. tion. tection has the flexibility to cover shift ‘‘(12) OUTREACH AND PARTNERSHIP.— ‘‘(12) RULES OF CONSTRUCTION.—Nothing in changes and retains the right to assign ‘‘(A) OUTREACH.—The Secretary is author- this section may be construed— scheduled and unscheduled work for mission ized to conduct outreach and establish pro- ‘‘(A) to permit the Office of Special Coun- requirements and planning based on oper- grams to assist employers in verifying em- sel for Immigration-Related Unfair Employ- ational need. ployment authorization and preventing iden- ment Practices or an administrative law (b) RATES OF PAY.—Subchapter V of chap- tity fraud. judge hearing a claim under this Section to ter 55 of title 5, United States Code, is ‘‘(B) PARTNERSHIP INITIATIVE.—The Sec- enforce any workplace rights other than amended by inserting after section 5549 the retary may establish partnership initiatives those guaranteed under this section; or following: between the Federal Government and private ‘‘(B) to prohibit any person, other entity, ‘‘§ 5550. Border patrol rate of pay sector employers to foster cooperative rela- or employment agency from using an iden- ‘‘(a) DEFINITIONS.—In this section— tionships and to strengthen overall hiring tity verification system, service, or method ‘‘(1) the term ‘available to work’ means a practices.’’. (in addition to the employment verification border patrol agent is generally and reason- (c) TAXPAYER ADDRESS INFORMATION.—Sec- system described in section 274A(d)), until tion 6103(m) of the Internal Revenue Code of ably accessible by U.S. Customs and Border the date on which the employer is required Protection to perform unscheduled duty 1986 is amended by adding at the end the fol- to participate in the System under section lowing: based on the needs of U.S. Customs and Bor- 274A(d)(2) and the additional security meas- der Protection; ‘‘(8) TAXPAYER ADDRESS INFORMATION FUR- ures mandated by section 274A(c)(F)(iv) have NISHED TO SECRETARY OF HOMELAND SECU- ‘‘(2) the term ‘border patrol agent’ means become available to verify the identity of a an individual who is performing functions in- RITY.—Upon written request from the Sec- newly hired employee, if such system— retary of Homeland Security, the Secretary cluded under position classification series ‘‘(i) is used in a uniform manner for all 1896 (Border Patrol Enforcement) of the Of- shall disclose the mailing address of any tax- newly hired employees; payer who is entitled to receive a notifica- fice of Personnel Management, or any suc- ‘‘(ii) is not used for the purpose or with the cessor thereto, including performing covered tion from the Secretary of Homeland Secu- intent of discriminating against any indi- rity pursuant to paragraphs (1)(C) and border patrol activities; vidual; ‘‘(3) the term ‘covered border patrol activi- (8)(E)(vii) of section 274A(d) of the Immigra- ‘‘(iii) provides for timely notice to employ- tion and Nationality Act (8 U.S.C. 1324a(d)) ties’ means a border patrol agent is— ees run through the system of a mismatch or ‘‘(A) detecting and preventing illegal entry for use only by employees of the Department failure to confirm identity; and of Homeland for the purpose of mailing such and smuggling of aliens, commercial goods, ‘‘(iv) sets out procedures for employees run narcotics, weapons, or contraband into the notification to such taxpayer.’’. through the system to resolve a mismatch or (d) SOCIAL SECURITY ACCOUNT STATE- United States; other failure to confirm identity. MENTS.—Section 1143(a)(2) of the Social Secu- ‘‘(B) arresting individuals suspected of con- rity Act (8 U.S.C. 1320b–13(a)(2)) is amended— ‘‘(13) LIABILITY.—A person, entity, or em- duct described in subparagraph (A); (1) in subparagraph (D), by striking ‘‘and’’ ployment agency that uses an identity ‘‘(C) attending training authorized by U.S. at the end; verification system, service, or method in a Customs and Border Protection; (2) in subparagraph (E), by striking the pe- way that conflicts with the requirements set ‘‘(D) on approved annual, sick, or adminis- riod at the end and inserting ‘‘; and’’; and forth in paragraph (10) shall be subject to li- trative leave; (3) by adding at the end the following: ability under paragraph (4)(I).’’. ‘‘(E) on ordered travel status; (f) MAINTENANCE OF REASONABLE LEVELS OF ‘‘(F) to the extent resources are available, ‘‘(F) on official time, within the meaning SERVICE AND ENFORCEMENT.—Notwith- information in the Commissioner’s records of section 7131; standing section 3301(b)(1), amounts appro- indicating that a query was submitted to the ‘‘(G) on excused absence with pay for relo- priated pursuant to such section shall be employment verification system established cation purposes; used to maintain reasonable levels of service under section 274A (d) of the Immigration ‘‘(H) on light duty due to injury or dis- and enforcement rather than a specific nu- and Nationality Act (8 U.S.C. 1324a(d)) under ability; meric increase in the number of Department that individual’s name or social security ‘‘(I) performing administrative duties or personnel dedicated to administering the number; and mission critical work assignments while Employment Verification System. ‘‘(G) a toll-free telephone number operated maintaining law enforcement authority; by the Department of Homeland Security for ‘‘(J) caring for the canine assigned to the employment verification system inquiries SA 1664. Mr. REID submitted an border patrol agent, which may not exceed 1 and a link to self-verification procedure es- amendment intended to be proposed by hour per day; or tablished under section 274A(d)(4)(I) of such him to the bill S. 744, to provide for ‘‘(K) engaged in an activity similar to an Act.’’. comprehensive immigration reform activity described in subparagraphs (A) (e) GOOD FAITH COMPLIANCE.—Section and for other purposes; which was or- through (J) while temporarily away from the 274B(a) (8 U.S.C. 1324b(a)), as amended by sec- dered to lie on the table; as follows: regular duty assignment of the border patrol tion 3105(a) of this Act, is further amended agent; by adding at the end the following: At the end, add the following: ‘‘(4) the term ‘level 1 border patrol rate of ‘‘(10) TREATMENT OF CERTAIN VIOLATIONS This Act shall become effective 8 days pay’ means the hourly rate of pay equal to AFTER REASONABLE STEPS IN GOOD FAITH.— after enactment. 1.25 times the otherwise applicable hourly Notwithstanding paragraphs (4), (6), and (7), rate of basic pay of the applicable border pa- a person, other entity, or employment agen- SA 1665. Mr. REID submitted an trol agent; cy shall not be liable for civil penalties de- amendment intended to be proposed by ‘‘(5) the term ‘level 2 border patrol rate of scribed in section 274B(g)(2)(B)(iv) that are him to the bill S. 744, to provide for pay’ means the hourly rate of pay equal to related to a violation of any such paragraph comprehensive immigration reform 1.125 times the otherwise applicable hourly if the person, entity, or employment agency and for other purposes; which was or- rate of basic pay of the applicable border pa- has taken reasonable steps, in good faith, to dered to lie on the table; as follows: trol agent; and comply with such paragraphs at issue, unless ‘‘(6) the term ‘work period’ means a 14-day the person, other entity, or employment In the amendment, strike ‘‘8 days’’ and in- biweekly pay period. sert ‘‘7 days’’. agency— ‘‘(b) RECEIPT OF BORDER PATROL RATE OF ‘‘(A) was, for similar conduct, subject to— PAY.— ‘‘(i) a reasonable cause determination by SA 1666. Mr. TESTER submitted an ‘‘(1) VOLUNTARY ELECTION.— the Office of Special Counsel for Immigra- amendment intended to be proposed by ‘‘(A) IN GENERAL.—Not later than 30 days tion Related Unfair Employment Practices; him to the bill S. 744, to provide for before the first day of each year beginning or comprehensive immigration reform after the date of enactment of this section, a

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00058 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.028 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5161 border patrol agent shall make an election period shall be included in the hours of reg- ‘‘(C) Notwithstanding the matter preceding whether the border patrol agent shall, for ular time or regularly scheduled overtime paragraph (1) or paragraphs (1) and (2), for a the following year— scheduled under subparagraph (A); and border patrol agent who has in effect an elec- ‘‘(i) be assigned to the level 1 border patrol ‘‘(E) shall receive compensatory time off or tion to be eligible for the level 2 border pa- rate of pay; pay at the overtime hourly rate of pay for trol rate of pay under section ‘‘(ii) be assigned the level 2 border patrol hours of work in excess of 90 hours during a 5550(b)(1)(A)(ii)— rate of pay; or work period, as determined in accordance ‘‘(i) except as provided in subparagraph (E), ‘‘(iii) decline to be assigned the level 1 bor- with section 5542(a)(7). hours of work in excess of 90 hours during a der patrol rate of pay or the level 2 border ‘‘(4) BASIC BORDER PATROL RATE OF PAY.— 14-day biweekly pay period shall be overtime patrol rate of pay. For a border patrol agent who has in effect work; and ‘‘(B) PROCEDURES.—The Director of the Of- an election under paragraph (1)(A)(iii)— ‘‘(ii) the border patrol agent— fice of Personnel Management shall establish ‘‘(A) the border patrol agent shall be sched- ‘‘(I) shall receive pay at the overtime hour- procedures for elections under subparagraph uled to work 8 hours of regular time per day ly rate of pay (as determined in accordance (A). and 5 days per week; with paragraphs (1) and (2)) for hours of over- ‘‘(C) INFORMATION REGARDING ELECTION.— ‘‘(B) any hours during which the border pa- time work that are officially ordered or ap- Not later than 60 days before the first day of trol agent is available to work during a work proved in advance of the work assignment; each year beginning after the date of enact- period shall be included in the hours of reg- and ment of this section, U.S. Customs and Bor- ular time scheduled under subparagraph (A); ‘‘(II) shall receive compensatory time off der Protection shall provide each border pa- and for any hours of overtime work that are not trol agent with information regarding each ‘‘(C) the border patrol agent shall receive hours of overtime work described in sub- type of election available under subpara- compensatory time off or pay at the over- clause (I). graph (A) and how to make such an election. time hourly rate of pay for hours of work in ‘‘(D) Notwithstanding the matter pre- ‘‘(D) FAILURE TO ELECT.—A border patrol excess of 80 hours during a work period, as ceding paragraph (1) or paragraphs (1) and (2), for a border patrol agent who has in ef- agent who fails to make a timely election determined in accordance with section fect an election under section under subparagraph (A) shall be deemed to 5542(a)(7). 5550(b)(1)(A)(iii)— have made an election to be assigned to the ‘‘(c) ELIGIBILITY FOR OTHER PREMIUM ‘‘(i) except as provided in subparagraph (E), level 1 border patrol rate of pay under sub- PAY.—A border patrol agent— paragraph (A)(i). ‘‘(1) shall receive premium pay for night hours of work in excess of 80 hours during a ‘‘(E) SENSE OF CONGRESS.—It is the sense of work in accordance with subsections (a) and 14-day biweekly pay period shall be overtime work; and Congress that U.S. Customs and Border Pro- (b) of section 5545 and Sunday and holiday ‘‘(ii) the border patrol agent— tection should take such action as is nec- pay in accordance with section 5546, without ‘‘(I) shall receive pay at the overtime hour- essary to ensure that not more than 10 per- regard to the election of the border patrol ly rate of pay (as determined in accordance cent of the border patrol agents stationed at agent under subsection (b)(1)(A), except that with paragraphs (1) and (2)) for hours of over- a location decline to be assigned to the level section 5546(d) shall not apply and eligibility time work that are officially ordered or ap- 1 border patrol rate of pay or the level 2 bor- for pay for, and the rate of pay for, any over- proved in advance of the work assignment; der patrol rate of pay. time work shall be determined in accordance and ‘‘(2) LEVEL 1 BORDER PATROL RATE OF PAY.— with this section and section 5542(a)(7); and ‘‘(II) shall receive compensatory time off For a border patrol agent who has in effect ‘‘(2) shall not be eligible for any other form for any hours of overtime work that are not an election under paragraph (1)(A)(i)— of premium pay under this title, except as ‘‘(A) the border patrol agent shall be sched- hours of overtime work described in sub- provided in section 5542(a)(7). clause (I). uled to work, for 5 days per week— ‘‘(d) TREATMENT AS BASIC PAY.—Any pay ‘‘(i) 8 hours of regular time per day; and ‘‘(E)(i) Except as provided in clause (ii), received at the level 1 border patrol rate of during a 14-day biweekly pay period, a border ‘‘(ii) 2 additional hours of scheduled over- pay or the level 2 border patrol rate of pay or time during each day the border patrol agent patrol agent shall not perform and may not pay described in subsection (b)(3)(B) shall be receive compensatory time off for more than is scheduled to work under clause (i); treated as part of basic pay for— ‘‘(B) for the hours of regular time work de- 8 hours of overtime work. ‘‘(1) purposes of sections 5595(c), 8114(e), ‘‘(ii) U.S. Customs and Border Protection scribed in subparagraph (A)(i), the border pa- 8331(3), and 8704(c); trol agent shall receive pay at the level 1 may, as it determines appropriate, waive the ‘‘(2) any other purpose that the Office of limitation under clause (i) for hours of over- border patrol rate of pay; Personnel Management may by regulation time work, but such waiver must be ap- ‘‘(C) for the hours of regularly scheduled prescribe; and proved in advance of any work being per- overtime work described in subparagraph ‘‘(3) any other purpose expressly provided formed that would be subject to compen- (A)(ii), the border patrol agent shall not re- for by law. satory time under subsection (B)(ii)(II), ceive— ‘‘(e) AUTHORITY TO REQUIRE OVERTIME (C)(ii)(II), or (D)(ii)(II). ‘‘(i) additional compensation under this WORK.—Nothing in this section shall be con- ‘‘(F) A border patrol agent— section or any other provision of law; or strued to limit the authority of U.S. Cus- ‘‘(i) may not earn more than 240 hours of ‘‘(ii) compensatory time off; toms and Border Protection to require a bor- compensatory time off during a year; and ‘‘(D) any hours during which the border pa- der patrol agent to perform hours of over- ‘‘(ii) shall use any hours of compensatory trol agent is available to work during a work time work in accordance with the needs of time off not later than 1 year after the date period shall be included in the hours of reg- U.S. Customs and Border Protection, includ- on which the compensatory time off is ac- ular time or regularly scheduled overtime ing if needed in the event of a local or na- crued.’’. scheduled under subparagraph (A); and tional emergency.’’. (d) STEP INCREASES.— ‘‘(E) shall receive compensatory time off or (c) OVERTIME WORK.—Section 5542(a) of (1) IN GENERAL.—Effective on the first day pay at the overtime hourly rate of pay for title 5, United States Code, is amended by of the first pay period beginning after De- hours of work in excess of 100 hours during a adding at the end the following: cember 31, 2013, each border patrol agent (as work period, as determined in accordance ‘‘(7)(A) In this paragraph, the term ‘border defined in section 5550 of title 5, United with section 5542(a)(7). patrol agent’ has the meaning given that States Code, as added by subsection (b)) who ‘‘(3) LEVEL 2 BORDER PATROL RATE OF PAY.— term in section 5550. was employed as a border patrol agent on For a border patrol agent who has in effect ‘‘(B) Notwithstanding the matter preceding December 31, 2013 and is in a position at or an election under paragraph (1)(A)(ii)— paragraph (1) or paragraphs (1) and (2), for a below GS-12 of the General Schedule under ‘‘(A) the border patrol agent shall be sched- border patrol agent who has in effect an elec- section 5332 of title 5, United States Code, uled to work, for 5 days per week— tion to be assigned to the level 1 border pa- shall be granted a step-increase of 2 steps, ‘‘(i) 8 hours of regular time per day; and trol rate of pay under section except that an increase under this section ‘‘(ii) 1 additional hour of scheduled over- 5550(b)(1)(A)(i)— may not increase the rate of pay of a border time during each day the border patrol agent ‘‘(i) except as provided in subparagraph (E), patrol agent to be more than the highest pay is scheduled to work under clause (i); hours of work in excess of 100 hours during a rate within the GS grade of the border patrol ‘‘(B) for the hours of regular time work de- 14-day biweekly pay period shall be overtime agent on the date of enactment of this Act. scribed in subparagraph (A)(i), the border pa- work; and (2) EFFECT ON PERIODIC STEP-INCREASES.— trol agent shall receive pay at the level 2 ‘‘(ii) the border patrol agent— The date on which a border patrol agent who border patrol rate of pay; ‘‘(I) shall receive pay at the overtime hour- receives a step-increase under paragraph (1) ‘‘(C) for the hours of regularly scheduled ly rate of pay (as determined in accordance is eligible for a periodic step-increase under overtime work described in subparagraph with paragraphs (1) and (2)) for hours of over- section 5335 of title 5, United States Code, (A)(ii), the border patrol agent shall not re- time work that are officially ordered or ap- shall be determined based on the effective ceive— proved in advance of the work assignment; date of the step-increase under paragraph (1). ‘‘(i) additional compensation under this and (e) TECHNICAL AND CONFORMING AMEND- section or any other provision of law; or ‘‘(II) shall receive compensatory time off MENTS.— ‘‘(ii) compensatory time off; for any hours of overtime work that are not (1) Section 13(a) of the Fair Labor Stand- ‘‘(D) any hours during which the border pa- hours of overtime work described in sub- ards Act of 1938 (29 U.S.C. 213(a)) is amend- trol agent is available to work during a work clause (I). ed—

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00059 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.014 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5162 CONGRESSIONAL RECORD — SENATE June 25, 2013 (A) in paragraph (16), by striking ‘‘or’’ At the appropriate place, insert the fol- ducing sufficient evidence to show the extent after the semicolon; lowing: of that employment as a matter of just and (B) in paragraph (17), by striking the pe- SEC. ll. FLEXIBILITY WITH RESPECT TO CROSS- reasonable inference. riod at the end and inserting ‘‘; or’’; and ING OF H–2B NONIMMIGRANTS (C) by adding at the end the following: WORKING IN THE SEAFOOD INDUS- SA 1671. Mr. CHAMBLISS submitted ‘‘(18) any employee who is a border patrol TRY. an amendment intended to be proposed agent, as defined in section 5550(a) of title 5, (a) IN GENERAL.—Subject to subsection (b), by him to the bill S. 744, to provide for United States Code.’’. if an employer in the seafood industry files a comprehensive immigration reform petition for H–2B nonimmigrants and that (2) The table of sections for chapter 55 of and for other purposes; which was or- title 5, United States Code, is amended by in- petition is granted, the employer may bring serting after the item relating to section 5549 the H–2B nonimmigrants for which the peti- dered to lie on the table; as follows: the following: tion was granted into the United States at On page 1140, line 7, strike ‘‘1 year’’ and in- sert ‘‘3 years’’. ‘‘5550. Border patrol rate of pay.’’. any time during the 120-day period beginning on the start date for which the employer is On page 1140, strike lines 10 through 13. (f) AVAILABILITY OF FUNDS.—In addition to seeking the services of the nonimmigrants On page 1141, line 6, strike ‘‘1 year’’ and in- any amounts provided in an appropriations without filing another petition. sert ‘‘3 years’’. Act or otherwise made available to U.S. Cus- (b) REQUIREMENTS FOR CROSSINGS AFTER toms and Border Protection, amounts made 90TH DAY.—An employer in the seafood in- SA 1672. Mr. CHAMBLISS submitted available pursuant to section 6 of this Act dustry may not bring H–2B nonimmigrants an amendment intended to be proposed may be used for pay authorized under this into the United States under subsection (a) by him to the bill S. 744, to provide for section or an amendment made by this sec- after the date that is 90 days after the start comprehensive immigration reform tion, including for paying basic pay under date for which the employer is seeking the subsection (d)(1). and for other purposes; which was or- services of the nonimmigrants unless the dered to lie on the table; as follows: employer— SA 1667. Mr. BLUMENTHAL (for (1) completes a new assessment of the local On page 1062 after line 2 insert: ‘‘An em- himself and Ms. MURKOWSKI) submitted labor market by— ployer shall not be required to provide such an amendment intended to be proposed (A) listing job orders on local newspapers written record to the alien or to the Sec- by him to the bill S. 744, to provide for on 2 separate Sundays; and retary of Agriculture more than once per comprehensive immigration reform (B) posting the job opportunity on the ap- year.’’ propriate Department of Labor Electronic and for other purposes; which was or- SA 1673. Mr. UDALL of Colorado sub- dered to lie on the table; as follows: Job Registry and at the employer’s place of employment; and mitted an amendment intended to be Beginning on page 1000, strike line 20 and (2) offers the job to an equally or better proposed by him to the bill S. 744, to all that follows through page 1001, line 20, qualified United States worker who will be provide for comprehensive immigration and insert the following: available at the time and place of need and reform and for other purposes; which ‘‘(ii) was younger than 16 years of age on who applies for the job. the date on which the alien initially entered was ordered to lie on the table; as fol- (c) EXEMPTION FROM RULES WITH RESPECT the United States; and lows: TO STAGGERING.—The Secretary of Labor ‘‘(iii)(I)(aa) has earned a high school di- At the appropriate place, insert the fol- shall not consider an employer in the seafood ploma, a commensurate alternative award lowing: industry who brings H–2B nonimmigrants from a public or private high school or sec- into the United States during the 120-day pe- SEC. lll. OUTREACH TO IMMIGRANT COMMU- ondary school, or has obtained a general edu- NITIES. riod specified in subsection (a) to be stag- cation development certificate recognized (a) AUTHORITY TO CONDUCT.—The Attorney gering the date of need in violation of any under State law, or a high school equiva- General, acting through the Director of the applicable provision of law. lency diploma in the United States and has Executive Office for Immigration Review, (d) H–2B NONIMMIGRANT DEFINED.—In this shall carry out a program to educate aliens provided a list of each secondary school (as section, the term ‘‘H-2B nonimmigrant’’ regarding who may provide legal services that term is defined in section 9101 of the El- means an alien admitted to the United and representation to aliens in immigration ementary and Secondary Education Act of States pursuant to section 101(a)(15)(H)(ii)(B) proceedings through cost-effective outreach 1965 (20 U.S.C. 7801)) that the alien attended of the Immigration and Nationality Act (8 to immigrant communities. in the United States; and U.S.C. 1101(a)(15)(H)(ii)(B)). ‘‘(bb)(AA) has acquired a degree from an (b) PURPOSE.—The purpose of the program authorized under subsection (a) is to prevent institution of higher education or has com- SA 1669. Mr. MANCHIN submitted an pleted at least 2 years, in good standing, in aliens from being subjected to fraud by im- a program for a bachelor’s degree or higher amendment intended to be proposed by migration consultants, visa consultants, and degree in the United States; or him to the bill S. 744, to provide for other individuals who are not authorized to ‘‘(BB) has served in the Uniformed Services comprehensive immigration reform provide legal services or representation to for at least 4 years and, if discharged, re- and for other purposes; which was or- aliens. ceived an honorable discharge; or dered to lie on the table; as follows: (c) AVAILABILITY.—The Attorney General ‘‘(II) is under 18 years of age on the date At the appropriate place, insert the fol- shall, to the extent practicable, make infor- the immigrant submits an application for lowing: mation regarding fraud by immigration con- such adjustment and is enrolled in school or sultants, visa consultants, and other individ- SEC. ll. REQUIREMENTS FOR ADJUSTMENT OF uals who are not authorized to provide legal has completed a general education develop- STATUS FOR CERTAIN ALIENS WHO ment certificate on the date the immigrant ENTERED THE UNITED STATES AS services or representation to aliens avail- submits an application for adjustment. CHILDREN. able— ‘‘(B) SPECIAL PROVISIONS.— Notwithstanding paragraph (1)(A)(iv)(I) of (1) at appropriate offices that provide serv- ‘‘(i) EXCEPTION TO AGE REQUIREMENT.—An section 245D(b) of the Immigration and Na- ices or information to aliens; and alien lawfully admitted for permanent resi- tionality Act, as added by section 2103, an (2) through websites that are— dence pursuant to subparagraph (A)(iii)(II) alien is not eligible for an adjustment of sta- (A) maintained by the Attorney General; may be naturalized notwithstanding the age tus under that section 245D(b) unless the and requirements in section 334. alien has acquired a degree from an institu- (B) intended to provide information re- ‘‘(ii) REQUIREMENTS UNDER SECTION 316.—An tion of higher education. garding immigration matters to aliens. alien may naturalize under section 316 no (d) FOREIGN LANGUAGE MATERIALS.—Any sooner than 5 years after the date on which SA 1670. Mr. CHAMBLISS submitted educational materials used to carry out the the alien was lawfully admitted for perma- an amendment intended to be proposed program authorized under subsection (a) nent residence pursuant to subparagraph shall, to the extent practicable, be made by him to the bill S. 744, to provide for available to immigrant communities in ap- (A)(iii)(II). comprehensive immigration reform ‘‘(C) HARDSHIP EXCEPTION.—’’. propriate languages, including English and and for other purposes; which was or- Spanish. SA 1668. Mr. WARNER (for himself, dered to lie on the table; as follows: (e) AUTHORIZATION OF APPROPRIATIONS.— Ms. MIKULSKI, Mr. WICKER, Mr. KAINE, On page 1071, strike line 24 and all that fol- For each of fiscal years 2014 through 2018, there is authorized to be appropriated Ms. MURKOWSKI, Ms. LANDRIEU, and Mr. lows through page 1072, line 5, and insert the following: $1,000,000 from the Comprehensive Immigra- COCHRAN) submitted an amendment in- tion Reform Trust Fund established under tended to be proposed by him to the ‘‘(C) SUFFICIENT EVIDENCE.—An alien who cannot meet the burden of proof otherwise section 6 to carry out this section. bill S. 744, to provide for comprehen- required by subparagraph (A) may, in an sive immigration reform and for other interview with the Secretary, establish that SA 1674. Mr. UDALL of Colorado sub- purposes; which was ordered to lie on the alien has performed the days or hours of mitted an amendment intended to be the table; as follows: work referred to in subparagraph (A) by pro- proposed by him to the bill S. 744, to

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00060 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.014 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5163 provide for comprehensive immigration the implementation of this Act and the (1) The Commissioner for Customs and Bor- reform and for other purposes; which amendments made by this Act. In developing der Protection. was ordered to lie on the table; as fol- the plan under this paragraph, the Inspector (2) The Assistant Secretary for Immigra- lows: General shall give particular emphasis to tion and Customs Enforcement. management of the Comprehensive Immigra- (3) The Director of U.S. Citizenship and Im- At the appropriate place, insert the fol- tion Reform Trust Fund established under migration Services. lowing: section 6 (in this section referred to as the (4) The Under Secretary for Management. SEC. lll. RELIEF FOR VICTIMS OF NOTARIO ‘‘Trust Fund’’) and oversight of the deploy- (5) The General Counsel of the Department. FRAUD. ment of resources, infrastructure, and funds (6) The Assistant Secretary for Policy. (a) WITHDRAWAL OF SUBMISSION.— under the Comprehensive Southern Border (7) The Director of the Office of Inter- (1) IN GENERAL.—An alien may withdraw, Security Strategy and the Southern Border national Affairs. without prejudice, an application or other Fencing Strategy and to implement the Em- (8) The Officer for Civil Rights and Civil submission for immigration status or other ployment Verification System established Liberties. immigration benefit if the alien dem- under section 274A(d)(1)(A) of the Immigra- (9) The Privacy Officer. onstrates the application or submission was tion and Nationality Act (as amended by sec- (10) The Director of the Office of Biometric prepared or submitted by an individual en- tion 3101 of this Act). Identity Management. gaged in the unauthorized practice of law or (2) AVAILABILITY OF FUNDS.—In addition to (11) Other appropriate officers or employ- immigration practitioner fraud. the amounts made available under sub- ees of the Department, as determined by the (2) CORRECTED FILINGS.—The Secretary, the section (c), there are authorized to be appro- Secretary or the Chairperson of the Imple- Secretary of State, and the Attorney Gen- priated to the Inspector General of the De- mentation Council. eral shall develop a mechanism for submit- partment such sums as are necessary to con- (d) DUTIES.—The Implementation Council ting corrected applications or other submis- duct oversight under the plan submitted shall— sions withdrawn under paragraph (1). under paragraph (1). (1) meet regularly to coordinate implemen- (b) WAIVER OF BAR TO REENTRY.—Section (b) DEPARTMENT PLAN.—Not later than 90 212(a)(9)(B)(iii) (8 U.S.C. 1182(a)(9)(B)(ii)), as days after the date of enactment of this Act, tation of this Act and the amendments made amended by section 2315(a), is further amend- the Secretary shall submit to the Committee by this Act, with particular regard to— ed by adding at the end the following: on Homeland Security and Governmental Af- (A) broad policy coordination of immigra- ‘‘(VII) IMMIGRATION PRACTITIONER FRAUD.— fairs of the Senate and the Committee on tion reform under this Act and the amend- Clause (i) shall not apply to an alien who de- Homeland Security of the House of Rep- ments made by this Act; parted the United States based on the erro- resentatives a plan that describes the ac- (B) policy and operational concerns regard- neous advice of an individual engaged in the tions the Department shall take, the em- ing the Comprehensive Immigration Reform unauthorized practice of law or immigration ployees the Department shall assign, and the Trust Fund established under section 6; practitioner fraud.’’. procedures the Department shall implement (C) timely development of regulations re- (c) REVIEW OF DENIAL OF RPI STATUS.— to ensure that funds from the Trust Fund quired by this Act or an amendment made by Section 245B of the Immigration and Nation- are— this Act and related guidance; and ality Act, as added by section 2101(a), is (1) spent efficiently and effectively; (D) participating in interagency decision- amended by adding at the end of subsection (2) well managed, including with respect to making with the Executive Office of the (c)(11) the following: the awarding and administration of con- President, the Office of Management and ‘‘(C) REVIEW FOR IMMIGRATION PRACTI- tracts and the validation of technology; and Budget, the Department of State, the De- TIONER FRAUD.—The Secretary shall estab- (3) managed so as to comply with all appli- partment of Justice, the Department of lish a procedure for the review or reconsider- cable financial audit standards. Labor, and other agencies regarding imple- ation of an application for registered provi- (c) AVAILABILITY OF FUNDS.—For the pur- mentation of this Act and the amendments sional immigrant status that was denied if poses of ensuring the funds in the Trust made by this Act; the applicant demonstrates that the applica- Fund are spent efficiently and effectively (2) establish liaisons to other agencies re- tion was prepared or submitted by an indi- and are well managed and for the cost of con- sponsible for implementing significant por- vidual engaged in the unauthorized practice ducting the audits required under section tions of this Act or the amendments made by of law or immigration practitioner fraud.’’. 6(c), 0.5 percent of funds deposited in the this Act, including the Department of State, Trust Fund each fiscal year under section the Department of Justice, the Department SA 1675. Mr. CARPER submitted an 6(a)(2) shall be provided in each such fiscal of Labor; amendment intended to be proposed by year to the Secretary, who shall transfer (3) establish liaisons to key stakeholders, him to the bill S. 744, to provide for half of the amount received each fiscal year including employer associations and labor to the Inspector General of the Department. comprehensive immigration reform unions; Amounts made available under this sub- (4) provide regular briefings to the Com- and for other purposes; which was or- section shall remain available until the end mittee on Homeland Security and Govern- dered to lie on the table; as follows: of the 10th fiscal year beginning after the mental Affairs of the Senate, the Committee Strike section 2108 and insert the fol- date on which the amounts are made avail- on Homeland Security of the House of Rep- lowing: able to the Secretary. resentatives, and other appropriate commit- SEC. 2108. HIRING. tees of Congress; Mr. CARPER submitted an (a) HIRING RULES EXEMPTION.—The Sec- SA 1677. (5) provide timely information regarding retary is authorized to make term, tem- amendment intended to be proposed by Department-wide implementation of this Act porary limited, and part-time appointments him to the bill S. 744, to provide for and the amendments made by this Act of employees who will implement this title comprehensive immigration reform through a single, centralized location on the and the amendments made by this title with- and for other purposes; which was or- website of the Department; and out regard to the number of such employees, dered to lie on the table; as follows: (6) conduct such other activities as the their ratio to permanent full-time employ- At the appropriate place, insert the fol- Secretary or Chairperson of the Implementa- ees, and the duration of their employment. lowing: tion Council determine appropriate. (b) AUTHORITY TO WAIVE ANNUITY LIMITA- SEC. lll. IMMIGRATION REFORM IMPLEMEN- (e) MAINTENANCE OF COUNCIL.—The Imple- TIONS.—Section 824(g)(2)(B) of the Foreign TATION COUNCIL. mentation Council shall terminate at the Service Act of 1980 (22 U.S.C. 4064(g)(2)(B)) is (a) ESTABLISHMENT.—Not later than 30 days end of the period necessary for the Depart- amended by striking ‘‘2009’’ and inserting after the date of enactment of this Act, the ‘‘2017’’. ment to implement substantially the respon- Secretary shall establish a coordinating sibilities of the Department under this Act body, to be known as the Immigration Re- and the amendments made by this Act, as SA 1676. Mr. CARPER submitted an form Implementation Council (in this sec- determined by the Secretary, but in no event amendment intended to be proposed by tion referred to as the ‘‘Implementation earlier than 10 years after the date of enact- him to the bill S. 744, to provide for Council’’), to oversee implementation of ment of this Act. comprehensive immigration reform those portions of this Act and the amend- and for other purposes; which was or- ments made by this Act that lie within the (f) STAFF.—The Deputy Secretary of Home- dered to lie on the table; as follows: responsibilities of the Department. land Security shall appoint a full-time exec- (b) CHAIRPERSON.—The Deputy Secretary of utive director and such other employees as At the appropriate place, insert the fol- Homeland Security shall serve as Chair- are necessary for the Implementation Coun- lowing: person of the Implementation Council, re- cil. SEC. lll. OVERSIGHT OF TRUST FUND. porting to and under the authority of the (a) OFFICE OF INSPECTOR GENERAL.— Secretary and in keeping with the authori- (g) AVAILABILITY OF FUNDS.—Amounts (1) PLAN.—Not later than 90 days after the ties specified by the Homeland Security Act made available to the Secretary under sec- date of enactment of this Act, the Inspector of 2002 (Public Law 107–296). tion 6(b) may be used to support the activi- General of the Department, in consultation (c) MEMBERSHIP.—The members of the Im- ties of the Implementation Council in imple- with the Inspectors General of other relevant plementation Council shall include the fol- menting this Act and the amendments made agencies, shall submit a plan for oversight of lowing: by this Act.

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00061 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.018 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5164 CONGRESSIONAL RECORD — SENATE June 25, 2013 SA 1678. Mr. CARPER (for himself nual basis, shall submit to Congress a report (iv) the overall number of removals and the and Mr. COBURN) submitted an amend- on performance metrics that will enable— number of removals, by nationality; ment intended to be proposed by him (A) the Department to develop an under- (v) the overall average length of detention to the bill S. 744, to provide for com- standing of— and the length of detention, by nationality; (i) the security of the border; and prehensive immigration reform and for (ii) efforts to enforce immigration laws (vi) the number of referrals from U.S. Citi- other purposes; which was ordered to within the United States; and zenship and Immigration Services to Immi- lie on the table; as follows: (iii) the overall working of the immigra- gration and Customs Enforcement, and the At the appropriate place, insert the fol- tion system; and ultimate outcome of these referrals, includ- lowing: (B) policy makers, including Congress— ing how many resulted in removal pro- (i) to make more effective investments in SEC. lll. BETTER ENFORCEMENT THROUGH ceedings; TRANSPARENCY AND ENHANCED RE- order to secure the border; (E) for immigration benefits— PORTING ON THE BORDER ACT. (ii) to enforce the immigration laws of the (i) the number of applications processed, (a) SHORT TITLE.—This section may be United States; and rejected, and accepted each year for all cat- cited as the ‘‘Better Enforcement Through (iii) to ensure that the Federal immigra- egories of immigration benefits, categorized Transparency and Enhanced Reporting on tion system is working efficiently at every by visa type; the Border Act’’ or the ‘‘BETTER Border level. (ii) the mean and median processing times Act’’. (2) CONTENTS.—The report required under for all categories of immigration benefits, paragraph (1) shall contain outcome per- (b) OFFICE OF HOMELAND SECURITY STATIS- categorized by visa type; and formance measures, for the year covered by TICS.— (iii) data relating to fraud uncovered in ap- the report, including— (1) ESTABLISHMENT.—There is established plications for all categories of immigration (A) for the areas between ports of entry— within the Department an Office of Home- benefits, categorized by visa type; and (i) the estimated number of attempted ille- land Security Statistics (referred to in this (F) for the Employment Verification Sys- gal entries, the estimated number of success- section as the ‘‘Office’’), which shall be head- tem established under section 274A of the ful entries, and the number of apprehensions, ed by a Director. Immigration and Nationality Act (8 U.S.C. categorized by sector; (2) TRANSFER OF FUNCTIONS.— 1324a)— (ii) the number of individuals that at- (A) ABOLISHMENT OF OFFICE OF IMMIGRATION (i) the total number of tentative noncon- tempted to cross the border and information STATISTICS.—The Office of Immigration Sta- firmations (further action notices); concerning how many times individuals at- (ii) the number of tentative nonconfirma- tistics of the Department is abolished. tempted to cross, categorized by sector; (B) TRANSFER OF FUNCTIONS.—All functions tions issued to workers who were subse- (iii) the number of individuals returned to quently found to be authorized for employ- and responsibilities of the Office of Immigra- Mexico voluntarily, criminally prosecuted, tion Statistics as of the day before the date ment in the United States; and receiving any other form of sanctions, (iii) the total number of final nonconfirma- of the enactment of this Act, including all of categorized by sector; and the personnel, assets, components, authori- tions; (iv) the recidivism rates for all classes of (iv) the number of final nonconfirmations ties, programs, and liabilities of the Office of individuals apprehended, including individ- issued to workers who were subsequently Immigration Statistics, are transferred to uals returned to Mexico voluntarily, crimi- found to be authorized for employment in the Office of Homeland Security Statistics. nally prosecuted, and receiving any other the United States; (3) DUTIES.—The Director of the Office form of sanctions, categorized by sector; (v) the total number of confirmations; and shall— (B) for ports of entry— (vi) the estimated number of confirmations (A) collect information from agencies of (i) the estimated number of attempted ille- issued to unauthorized workers. the Department, including internal data- gal entries, the number of apprehensions, bases used to— and the estimated number of successful en- (d) EARLY WARNING SYSTEM.—Using the (i) undertake border inspections; tries, categorized by field office; and data collected by the Office under this sec- (ii) identify visa overstays; (ii) information compiled based on random tion, the Secretary shall establish an early (iii) undertake immigration enforcement samples of secondary inspections, including warning system to estimate future illegal actions; and estimates of the effectiveness of inspectors immigration, which shall monitor the out- (iv) grant immigration benefits; in identifying civil and criminal immigra- come performance measures described in (B) produce the annual report required to tion and customs violations, categorized by subsection (c)(2), along with political, eco- be submitted to Congress under subsection field office; and nomic, demographic, law enforcement, and (c); and (iii) enforcement outcomes for individuals other trends that may affect such outcomes. (C) collect the information described in denied admission, including the number of— (e) SYSTEMATIC MODELING OF ILLEGAL IMMI- section 103(d) of the Immigration and Na- (I) individuals allowed to withdraw their GRATION TRENDS.—The Secretary shall pro- tionality Act (8 U.S.C. 1103(d)) and dissemi- application for admission or voluntarily re- vide for the systematic modeling of illegal nate such information to Congress and to the turn to their country of origin; immigration trends to develop forecast mod- public; (II) individuals referred for criminal pros- els of illegal immigration flows and esti- (D) produce any other reports and conduct ecution; and mates for the undocumented population re- any other work that the Office of Immigra- (III) individuals receiving any other form tion Statistics was required to produce or of administrative sanction; siding within the United States. conduct before the date of the enactment of (C) for visa overstays— (f) EXTERNAL REVIEW OF HOMELAND SECU- this Act; and (i) the number of people that overstay the RITY DATA.— (E) produce such other reports or conduct terms of their admission into the United (1) IN GENERAL.—The Secretary, in con- such other work as the Secretary determines States, categorized by— sultation with the National Academy of to be necessary. (I) nationality; Sciences, shall make raw data collected by (4) INTRADEPARTMENTAL DATA SHARING.— (II) type of visa or entry; and the Department, including individual-level Agencies and offices of the Department shall (III) length of time an individual over- data subject to the requirements in para- share any data that is required to comply stayed, including— graph (3), on border security, immigration with this section. (aa) the number of individuals who over- enforcement, and immigration benefits (5) CONSULTATION.—In carrying out this stayed less than 180 days; available for research on immigration subsection, the Director of the Office shall (bb) the number of individuals who over- trends, to— consult with the Ombudsman for Immigra- stayed less than 1 year; and (A) appropriate academic institutions and tion Related Concerns to the greatest extent (cc) the number of individuals who over- centers of excellence; practicable. stayed for 1 year or longer; and (B) the Congressional Research Service; (6) PLACEMENT.—Not later than 180 days (ii) estimates of the total number of unau- and after the date of the enactment of this Act, thorized aliens in the United States that en- (C) the Government Accountability Office. the Secretary shall notify Congress where tered legally and overstayed the terms of (2) PUBLIC RELEASE OF DATA.—The Sec- the Office has been established within the their admission; retary shall ensure that data of the Depart- Department. (D) for interior enforcement— ment on border security, immigration en- (7) CONFORMING AMENDMENT.—Section (i) the number of arrests made by U.S. Im- forcement, and immigration benefits is re- 103(d) (8 U.S.C. 1103(d)) is amended by strik- migration and Customs Enforcement for leased to the public to the maximum degree ing ‘‘Commissioner’’ and inserting ‘‘Director civil violations of immigration laws and the permissible under Federal law to increase of the Office of Homeland Security Statis- number of arrests made for criminal viola- the confidence of the public in the credi- tics’’. tions, categorized by Special Agent in bility and objectivity of measurements re- (c) REPORT ON PERFORMANCE METRICS.— Charge field office; lated to the management and outcomes of (1) IN GENERAL.—In addition to any reports (ii) the legal basis for the arrests pursuant immigration and border control processes. required to be produced by the Office of Im- to criminal statutes described in clause (i); (3) REQUIREMENTS.—In carrying out this migration Statistics before the date of en- (iii) the ultimate disposition of the arrests subsection, the Secretary, in consultation actment of this Act, the Director, on an an- described in clause (i); with the National Academy of Sciences—

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00062 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.018 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5165

(A) shall ensure that the data described in (B) the Secretary determines that national (f) AUTHORIZATION OF APPROPRIATIONS.—In paragraphs (1) and (2) is anonymized to safe- security requires unmanned aerial vehicles addition to amounts otherwise authorized to guard individual privacy; to be deployed elsewhere; or be appropriated, there are authorized to be (B) may mask location data below the sec- (C) the Secretary determines that a re- appropriated to U.S. Customs and Border tor, district field office, or special agent in quest from the governor of a State to deploy Protection such sums as may be necessary to charge office level to protect national secu- unmanned aerial vehicles to assist with dis- carry out this section during the fiscal years rity; and aster recovery efforts or extraordinary law 2014 through 2018. (C) shall not be required to provided classi- enforcement operations is in the national in- fied information to individuals other than to terest; SA 1680. Mrs. MURRAY submitted an those individuals who have appropriate secu- (5) attempt, to the greatest extent prac- amendment intended to be proposed by rity clearances. ticable, to provide an alternate form of sur- her to the bill S. 744, to provide for (g) AVAILABILITY OF FUNDS.—The Secretary veillance in a sector from which the Sec- comprehensive immigration reform may use such sums as may be necessary from retary redeployed an unmanned aerial sys- the Comprehensive Immigration Reform tem pursuant to subparagraph (B) or (C) of and for other purposes; which was or- Trust Fund established under section paragraph (4); dered to lie on the table; as follows: 6(a)(1)— (6) deploy unarmed additional fixed-wing At the appropriate place, insert the fol- (1) to establish the Office; and aircraft and helicopters; lowing: (2) to produce reports related to securing (7) increase horse patrols in the Southwest SEC. llll. PROTECTION OF DOMESTIC VIO- the border and enforcing the immigration border region; and LENCE SURVIVORS. laws of the United States. (8) acquire and deploy watercraft and other (a) RELIEF FROM CERTAIN RESTRICTIONS ON equipment to provide support for border-re- ADJUSTMENT OF STATUS.— SA 1679. Mr. CARPER (for himself, lated maritime anti-crime activities. (1) RELIEF FROM CERTAIN RESTRICTIONS FOR Mr. MCCAIN, and Mr. UDALL of Colo- (c) LIMITATION.— DOMESTIC VIOLENCE SURVIVORS.—Section rado) submitted an amendment in- (1) IN GENERAL.—Notwithstanding sub- 245(d) (8 U.S.C. 1255(d)), as amended by sec- tended to be proposed by him to the section (b), U.S. Border Patrol may not oper- tion 2310(c) of this Act, is amended in para- bill S. 744, to provide for comprehen- ate unarmed, unmanned aerial vehicles in graph (1) in the second sentence by striking the San Diego and El Centro Sectors, except the period at the end and inserting ‘‘, unless sive immigration reform and for other within 3 miles of the Southern border. purposes; which was ordered to lie on the alien is the spouse of an alien lawfully (2) EXCEPTION.—The limitation under para- admitted for legal permanent residence or of the table; as follows: graph (1) shall not restrict— a citizen of the United States and is a VAWA At the appropriate place, insert the fol- (A) the maritime operations of U.S. Cus- self-petitioner.’’. lowing: toms and Border Protection; or (2) CONFORMING APPLICATION IN CANCELLA- SEC. lll. DEPLOYING FORCE MULTIPLIERS AT (B) the Secretary’s authority to deploy un- TION OF REMOVAL.—Section 240A(b)(2)(A)(i) (8 AND BETWEEN PORTS OF ENTRY. manned aerial vehicles— U.S.C. 1229b(b)(2)(A)(i)) is amended— (a) ANALYSIS OF OPERATIONAL REQUIRE- (i) during a national security emergency; (A) in subclause (II), by striking ‘‘or’’ at MENTS BETWEEN PORTS OF ENTRY.— (ii) in response to a request from the gov- the end; (1) IN GENERAL.—As part of the Comprehen- ernor of California for assistance during dis- (B) in subclause (III), by adding ‘‘or’’ at the sive Southern Border Security Strategy re- aster recovery efforts; or end; and quired to be submitted section 5(a), and in (iii) for other law enforcement purposes. (C) by adding at the end the following: order to inform the Secretary about the (d) FLEET CONSOLIDATION.—In acquiring ‘‘(IV) the alien entered the United States technologies that may need to be redeployed technological assets under subsection (b) and as an alien described in section 101(a)(15)(K) or replaced pursuant to paragraphs (4) and section 5(a), the Commissioner of U.S. Cus- with the intent to enter into a valid mar- (5) of such section, the Commissioner of U.S. toms and Border Protection shall, to the riage and the alien (or the child of the alien Customs and Border Protection shall under- greatest extent practicable, implement a who is described in such section) was bat- take a sector by sector analysis of the border plan for streamlining the fleet of aircraft, tered or subject to extreme cruelty by the to determine the specific technologies that helicopters, aerostats, and unmanned aerial United States citizen who filed the petition are most effective in identifying illegal vehicles of U.S. Customs and Border Protec- to accord status under such section;’’. cross-border traffic for each particular Bor- tion to generate savings in maintenance (3) APPLICATION UNDER SUSPENSION OF DE- der Patrol sector and station along the bor- costs and training costs for pilots and other PORTATION FOR DOMESTIC VIOLENCE SUR- der in order to achieve the goal of persistent personnel needed to operate the assets. VIVORS.—The Secretary or the Attorney Gen- surveillance. (e) ANALYSIS OF OPERATIONAL REQUIRE- eral may suspend the deportation of an alien (2) REQUIREMENTS.—The analysis con- MENTS AT PORTS OF ENTRY.— who is in deportation proceedings initiated ducted under paragraph (1) shall— (1) IN GENERAL.—To help facilitate cross- prior to March 1, 1997 and adjust to the sta- (A) include a comparison of the costs and border traffic and provide increased situa- tus of an alien lawfully admitted for perma- benefits for each type of technology; tional awareness of inbound and outbound nent residence, if the alien— (B) estimate total life cycle costs for each trade and travel, and in order to inform the (A) has been physically present in the type of technology; and Secretary about the technologies that may United States for a continuous period of not (C) identify specific performance metrics need to be redeployed or replaced pursuant less than 3 years immediately preceding the for assessing the performance of the tech- to paragraphs (4) and (5) of section 5(a), the date of such suspension; nologies. Commissioner of U.S. Customs and Border (B) has been battered or subjected to ex- (b) ENHANCEMENTS.—In order to achieve Protection shall— treme cruelty in the United States by a surveillance between ports of entry along the (A) conduct an assessment of the tech- spouse or immediate family member who is a Southwest border for 24 hours per day and 7 nology needs at ports of entry; and United States citizen or a lawful permanent days per week, and using the analysis con- (B) prioritize such technology needs based resident, or the alien entered the United ducted under subsection (a), the Commis- on the results of the assessment conducted States as an alien described in section sioner of U.S. Customs and Border Protec- pursuant to subparagraph (A). 101(a)(15)(K) of the Immigration and Nation- tion shall— (2) REQUIREMENTS.—In carrying out sub- ality Act (8 U.S.C. 1101(a)(15)(K)) with the in- (1) deploy additional mobile, video, and section (a), the Commissioner of U.S. Cus- tent to enter into a valid marriage and the man-portable surveillance systems; toms and Border Protection shall— alien was battered or subject to extreme cru- (2) ensure, to the extent practicable, that (A) consult with officers and agents in the elty by the United States citizen who filed all aerial assets, including assets owned be- field; and the petition to accord status under such sec- fore the date of enactment of this Act, are (B) consider a variety of fixed and mobile tion, or the child of the alien who is de- outfitted with advanced sensors that can be technologies, including— scribed in this subparagraph; used to detect cross-border activity, includ- (i) hand-held biometric and document read- (C) demonstrates that during all of such ing infrared cameras, radars, or other tech- ers; time in the United States the alien was and nologies as appropriate; (ii) fixed and mobile license plate readers; is a person of good moral character; and (3) deploy tethered aerostat systems, in- (iii) radio frequency identification docu- (D) is a person whose deportation would, in cluding systems to detect low-flying aircraft ments and readers; the opinion of the Secretary or Attorney across the entire border, as well as systems (iv) interoperable communication devices; General, result in extreme hardship to the to detect the movement of people and vehi- (v) nonintrusive scanning equipment; and alien or the alien’s parent or child. cles; (vi) document scanning kiosks. (4) EFFECTIVE DATE.—This subsection and (4) operate unarmed unmanned aerial vehi- (3) IMPLEMENTATION.—Based on the results the amendments made by this subsection cles equipped with advanced sensors in every of the assessment conducted under this sub- shall take effect on the date of the enact- Border Patrol sector to ensure coverage for section, the Commissioner of U.S. Customs ment of this Act and shall apply to aliens ad- 24 hours per day and 7 days a week, unless— and Border Protection shall deploy addi- mitted before, on, or after such date. (A) severe or prevailing weather precludes tional technologies to land, air, and sea (b) RELIEF FOR DOMESTIC VIOLENCE SUR- operations in a given sector; ports of entry. VIVOR VISA WAIVER ENTRANTS.—

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00063 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.018 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5166 CONGRESSIONAL RECORD — SENATE June 25, 2013

(1) IN GENERAL.—Section 217(b)(2) (8 U.S.C. (D) under no circumstances shall any re- dividually identifying information of any de- 1187(b)(2)) is amended by inserting ‘‘, as a straints be used on any detainee in labor or tainee. VAWA self-petitioner or for relief under sec- childbirth. (2) PUBLIC INSPECTION.—Each report sub- tion 101(a)(15)(T), section 101(a)(15)(U), sec- (4) RECORD OF EXTRAORDINARY CIR- mitted under paragraph (1) shall be made tion 240A(b)(2), or under any prior statute CUMSTANCES.— available for public inspection. providing comparable relief, notwith- (A) REQUIREMENT.—If restraints are used (e) RULEMAKING.—The Secretary shall standing any other provision of law,’’ after on a detainee pursuant to paragraph (2), the adopt regulations or policies to carry out ‘‘asylum,’’. facility administrator shall make a written this section at every detention facility. (2) EFFECTIVE DATE.—The amendment finding within 10 days as to the extraor- made by paragraph (1) shall take effect on dinary circumstance that dictated the use of SA 1682. Mrs. MURRAY submitted an the date of the enactment of this Act and the restraints. amendment intended to be proposed by shall apply to waivers provided under section (B) RETENTION.—A written find made under her to the bill S. 744, to provide for 217(b)(2) of the Immigration and Nationality subparagraph (A) shall be kept on file by the comprehensive immigration reform Act before, on, or after such date as if it had detention facility for at least 5 years and be and for other purposes; which was or- been included in such waivers. made available for public inspection, except dered to lie on the table; as follows: (c) APPLICABILITY OF SECTION 212(E) TO that no individually identifying information At the appropriate place, insert the fol- SPOUSES AND CHILDREN OF J–1 EXCHANGE of any detainee shall be made public without lowing: VISITORS.—In addition to the individuals de- the detainee’s prior written consent. SEC. lll. OFFICER FOR CIVIL RIGHTS AND scribed in section 2405(c) of this Act, appli- (b) PROHIBITION ON PRESENCE OF DETENTION CIVIL LIBERTIES. cants approved for nonimmigrant status OFFICERS DURING LABOR OR CHILDBIRTH.— Section 705 of the Homeland Security Act under subparagraph (T) or (U) of section Upon a detainee’s admission to a medical fa- of 2002 (6 U.S.C. 345) is amended— 101(a)(15) of the Immigration and Nationality cility or birthing center for labor or child- (1) in subsection (a), by striking paragraph Act and VAWA self-petitioners, as defined in birth, no detention officer shall be present in (6) and inserting the following: section 101(a)(51) of such Act, shall not be the room during labor or childbirth, unless ‘‘(6) investigate complaints and informa- subject to the requirements of section 212(e) specifically requested by medical personnel. tion indicating possible abuses of civil rights of such Act (8 U.S.C. 1182(e)). If a detention officer’s presence is requested or civil liberties by employees and officials by medical personnel, the detention officer (d) WAIVER RELATING TO CERTAIN CRIMES.— of the Department or that are related to De- shall be female, if practicable. If restraints Section 212(h), as amended by section partmental activities (unless the Inspector are used on a detainee pursuant to sub- 3711(c)(1)(B) of this Act, is amended by strik- General of the Department determines that section (a)(2), a detention officer shall re- ing ‘‘and (E)’’ and inserting ‘‘(E), and (K)’’. such a complaint or such information should main immediately outside the room at all be investigated by the Inspector General) times so that the officer may promptly re- and, using the information gained by such SA 1681. Mrs. MURRAY (for herself move the restraints if requested by medical investigations, make recommendations to and Mr. CRAPO) submitted an amend- personnel, as required by subsection the Secretary and directorates, offices, and ment intended to be proposed by her to (a)(3)(A). other components of the Department for im- the bill S. 744, to provide for com- (c) DEFINITIONS.—In this section: provements in policy, supervision, training, prehensive immigration reform and for (1) DETAINEE.—The term ‘‘detainee’’ in- cludes any adult or juvenile person detained and practice related to civil rights or civil other purposes; which was ordered to liberties, or for the relevant office to review lie on the table; as follows: under the Immigration and Nationality Act (8 U.S.C. 1101) or held by any Federal, State, the matter and take appropriate disciplinary At the appropriate place, insert the fol- or local law enforcement agency under an or other action.’’; lowing: immigration detainer. (2) by redesignating subsection (b) as sub- section (e); SEC. lll. PROHIBITION ON RESTRAINTS ON (2) DETENTION FACILITY.—The term ‘‘deten- (3) by inserting after subsection (a) the fol- PREGNANT DETAINEES. tion facility’’ means a Federal, State, or lowing: (a) PROHIBITION ON RESTRAINT OF PREGNANT local government facility, or a privately ‘‘(b) INVESTIGATION OF COMPLAINTS.—The DETAINEES.— owned and operated facility, that is used, in head of each directorate, office, or compo- (1) PROHIBITION.—A detention facility shall whole or in part, to hold individuals under nent of the Department and the head of any not use restraints on a detainee known to be the authority of the Director of U.S. Immi- other executive agency shall ensure that the pregnant, including during labor, transport gration and Customs Enforcement or the directorate, office, or component provides to a medical facility or birthing center, de- Commissioner of U.S. Customs and Border the Officer for Civil Rights and Civil Lib- livery, and postpartum recovery, unless the Protection, including facilities that hold erties with speedy access, and in no event facility administrator makes an individual- such individuals under a contract or agree- later than 30 days after the date on which ized determination that the detainee pre- ment with the Director or Commissioner, or the directorate, office, or component re- sents an extraordinary circumstance as de- that is used, in whole or in part, to hold indi- ceives a request from the Officer, to any in- scribed in paragraph (2). viduals pursuant to an immigration de- formation determined by the Officer to be (2) EXTRAORDINARY CIRCUMSTANCE.—Re- tainer. relevant to the exercise of the duties and re- straints for an extraordinary circumstance (3) FACILITY ADMINISTRATOR.—The term sponsibilities under subsection (a) or to any are only permitted if a medical officer has ‘‘facility administrator’’ means the official investigation carried out under this section, directed the use of restraints for medical that is responsible for oversight of a deten- whether by providing relevant documents or reasons or if the facility administrator tion facility or the designee of such official. access to facilities or personnel. makes an individualized determination (4) LABOR.—The term ‘‘labor’’ means the ‘‘(c) SUBPOENAS.— that— period of time before a birth during which ‘‘(1) IN GENERAL.—In carrying out the du- (A) credible, reasonable grounds exist to contractions are of sufficient frequency, in- ties and responsibilities under subsection (a) believe the detainee presents an immediate tensity, and duration to bring about efface- or as part of an investigation carried out and serious threat of hurting herself, staff or ment and progressive dilation of the cervix. under this section, the Officer for Civil others; or (5) POSTPARTUM RECOVERY.—The term Rights and Civil Liberties may require by (B) reasonable grounds exist to believe the ‘‘postpartum recovery’’ means, as deter- subpoena access to— detainee presents an immediate and credible mined by her physician, the period imme- ‘‘(A) any institution or entity outside of risk of escape that cannot be reasonably diately following delivery, including the en- the Federal Government that is the subject minimized through any other method. tire period a woman is in the hospital or in- of or related to an investigation under this (3) REQUIREMENT FOR LEAST RESTRICTIVE firmary after birth. section; and RESTRAINTS.—In the rare event that one of (6) RESTRAINT.—The term ‘‘restraint’’ ‘‘(B) any individual, document, record, ma- the extraordinary circumstances in para- means any physical restraint or mechanical terial, file, report, memorandum, policy, pro- graph (2) applies, medical staff shall deter- device used to control the movement of a de- cedure, investigation, video or audio record- mine the safest method and duration for the tainee’s body or limbs, including flex cuffs, ing or other media, or quality assurance re- use of restraints and the least restrictive re- soft restraints, hard metal handcuffs, a black port relating to any institution or entity straints necessary shall be used for a preg- box, Chubb cuffs, leg irons, belly chains, a se- outside of the Federal Government that is nant detainee, except that— curity (tether) chain, or a convex shield. the subject of or related to an investigation (A) if a doctor, nurse, or other health pro- (d) ANNUAL REPORT.— under this section. fessional treating the detainee requests that (1) REQUIREMENT.—Not later than 30 days ‘‘(2) ISSUANCE AND SERVICE.—A subpoena restraints not be used, the detention officer before the end of each fiscal year, the facil- issued under this subsection shall— accompanying the detainee shall imme- ity administrator of each detention facility ‘‘(A) bear the signature of the Officer for diately remove all restraints; in whose custody a pregnant detainee had Civil Rights and Civil Liberties; and (B) under no circumstance shall leg or been subject to the use of restraints during ‘‘(B) be served by any person or class of waist restraints be used; the previous fiscal year shall submit to the persons designated by the Officer or an offi- (C) under no circumstance shall wrist re- Secretary a written report that includes an cer or employee designated for that purpose. straints be used to bind the detainee’s hands account of every instance of such a use of re- ‘‘(3) ENFORCEMENT.—In the case of contu- behind her back; and straints. No such report may contain any in- macy or failure to obey a subpoena issued

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00064 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.020 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5167 under this subsection, the United States dis- 2000ee), on a quarterly basis, a report detail- (2) by redesignating subparagraph (B) as trict court for the judicial district in which ing— subparagraph (C); and the institution, entity, or individual is lo- ‘‘(i) each nonfrivolous allegation of abuse (3) by inserting after subparagraph (A) the cated may issue an order requiring compli- received by the Officer during the quarter following: ance. Any failure to obey the order of the covered by the report; and ‘‘(B) been convicted of a crime involving court may be punished by the court as con- ‘‘(ii) each final recommendation made or moral turpitude that is a crime of child tempt of that court. carried out under subsection (a) that was abuse, child neglect, contributing to the de- ‘‘(4) USE OF INFORMATION.—Any material completed during the quarter covered by the linquency of a minor through sexual acts, or obtained under a subpoena issued under this report. child abandonment; or’’. subsection— ‘‘(B) CONTENTS.—Each report under this ‘‘(A) may not be used for any purpose other paragraph shall detail— SA 1685. Mr. UDALL of Colorado sub- than a purpose set forth in subsection (a); ‘‘(i) for each allegation described in sub- mitted an amendment intended to be ‘‘(B) may not be transmitted by or within paragraph (A)(i) subject to a completed in- proposed by him to the bill S. 744, to the Department for any purpose other than a vestigation, any final recommendation made provide for comprehensive immigration purpose set forth in subsection (a); and by the Officer for Civil Rights and Civil Lib- ‘‘(C) shall be redacted, obscured, or other- reform and for other purposes; which erties and any action or response taken by was ordered to lie on the table; as fol- wise altered if used in any publicly available the Department in response; and manner to the extent necessary to prevent ‘‘(ii) any matter or investigation carried lows: the disclosure of any personally identifiable out under this section that has been open or At the appropriate place, insert the fol- information. pending for more than 2 years. lowing: ‘‘(d) RECOMMENDATIONS.—For any final rec- ‘‘(3) INFORMING THE PUBLIC.—The Officer for SEC. lll. SECURING CITIZENSHIP FOR OCCU- ommendation or finding made under this Civil Rights and Civil Liberties shall— PATIONS REQUIRING EXPEDITING. section by the Officer for Civil Rights and ‘‘(A) make each report submitted under (a) SHORT TITLE.—This section may be Civil Liberties to the Secretary or a direc- this subsection available to the public to the cited as the ‘‘Securing Citizenship for Occu- torate, office, or other component of the De- greatest extent that is consistent with the pations Requiring Expediting Act’’ or the partment— protection of classified information and ap- ‘‘SCORE Act’’. ‘‘(1) the Secretary shall ensure that the plicable law; and (b) PERSONS MAKING EXTRAORDINARY ATH- Department— ‘‘(B) otherwise inform the public of the ac- LETIC CONTRIBUTIONS.—Section 316 (8 U.S.C. ‘‘(A) responds to the recommendation or tivities of the Officer, as appropriate and in 1427), as amended by section 2307(d), is fur- finding within 30 days after the date on a manner consistent with the protection of ther amended— which the Officer communicates the rec- classified information and applicable law.’’. (1) in subsection (a), by striking ‘‘or within ommendation or finding; and the district of the Service in the United ‘‘(B) within 60 days after the date on which SA 1683. Mr. PORTMAN (for himself, States’’; the Officer communicates the recommenda- (2) in subsection (f)(1)— tion or finding, provides the Officer with a Mr. CHIESA, and Mr. CRAPO) submitted an amendment intended to be proposed (A) by striking ‘‘and the Commissioner of plan for implementation of the recommenda- Immigration’’ and inserting ‘‘, Secretary of tion or finding; by him to the bill S. 744, to provide for Homeland Security’’; and ‘‘(2) within 30 days after the date on which comprehensive immigration reform (B) by striking ‘‘or district of the Service the Officer receives an implementation plan and for other purposes; which was or- in the United States’’; and under paragraph (1), the Officer shall assess dered to lie on the table; as follows: (3) by adding at the end the following: the plan and determine whether the plan suf- At the appropriate place, insert the fol- ‘‘(h)(1) Subject to paragraph (2), if the Sec- ficiently addresses the underlying rec- lowing: retary of Homeland Security determines ommendation; SEC. llll. INADMISSABILITY OF ALIENS WITH that an applicant who is otherwise eligible ‘‘(3) if the Officer determines under para- for naturalization will make an extraor- graph (2) that an implementation plan is in- FELONY CONVICTIONS FOR DOMES- TIC VIOLENCE, STALKING, OR CHILD dinary contribution to the United States by sufficient, the Secretary shall ensure that ABUSE. representing the United States in an immi- the Department submits a revised implemen- Subparagraph (K)(i)(I) of section 212(a)(2) (8 nent international athletic competition, the tation plan that complies with the under- U.S.C. 1182(a)(2)), as added by section applicant may be naturalized without regard lying recommendation within 30 days after 3711(c)(1)(A) of this Act, is amended by strik- to the residence and physical presence re- the date on which the Officer communicates ing ‘‘the alien served at least 1 year impris- quirements under this section. the determination; and onment’’ and inserting the following: ‘‘a sen- ‘‘(2) Paragraph (1) shall not apply if— ‘‘(4) absent any provision of law to the con- tence of 1 year imprisonment or more may ‘‘(A) the applicant has not resided continu- trary, the Officer shall provide the complain- be imposed’’. ously in the United States for at least 6 ant with a summary of any findings or rec- months between the date on which the appli- ommendations made under this section by SA 1684. Mr. PORTMAN (for himself, cant was lawfully admitted for permanent the Officer, which shall be redacted, ob- Mr. CHIESA, and Mr. CRAPO) submitted residence and the date on which the appli- scured, or otherwise altered to protect the cant is naturalized; or disclosure of any personally identifiable in- an amendment intended to be proposed by him to the bill S. 744, to provide for ‘‘(B) the alien is described in clause (i), (ii), formation, other than the complainant’s.’’; (iii), (iv), or (v) of section 208(b)(2)(A). and comprehensive immigration reform ‘‘(3) In making a determination under (4) in subsection (e), as so redesignated— and for other purposes; which was or- paragraph (1), the Secretary shall presume (A) by striking ‘‘The Secretary shall’’ and dered to lie on the table; as follows: that the applicant meets the requirement inserting the following: At the appropriate place, insert the fol- under such paragraph if the alien is— ‘‘(1) IN GENERAL.—The Secretary shall’’; lowing: ‘‘(A) certified by the United States Olym- (B) by striking ‘‘and the appropriate com- SEC. llll. NO DISCRETION FOR CRIMES IN- pic Committee as a probable future Olympic mittees and subcommittees of Congress’’ and VOLVING MORAL TURPITUDE THAT athlete; or inserting ‘‘the appropriate committees and ARE CERTAIN CRIMES AGAINST ‘‘(B) certified by an official United States subcommittees of Congress, and the Privacy CHILDREN. governing body of a sport as a probable fu- and Civil Liberties Oversight Board estab- (a) IMMIGRATION JUDGES.—Subparagraph ture player in an international tournament lished under section 1061 of the Intelligence (D)(ii) of section 240(c)(4) (8 U.S.C. sponsored by that sport’s international gov- Reform and Terrorism Prevention Act of 2004 1229a(c)(4)), as added by section 2314(a) of this erning body. (42 U.S.C. 2000ee)’’; Act, is amended— ‘‘(4) The Secretary shall charge each appli- (C) by striking ‘‘, and detailing any allega- (1) in subclause (I), by striking ‘‘or’’ at the cant under this subsection a processing fee tions’’ and all that follows through ‘‘such al- end; in an amount that is 500 percent greater than legations.’’ and inserting ‘‘and a compilation (2) by redesignating subclause (II) as sub- the standard fee charged by the Secretary of the information provided in the quarterly clause (III); and for processing naturalization applications. reports under paragraph (2).’’; and (3) by inserting after subclause (I) the fol- ‘‘(5) The Secretary shall provide for the ex- (D) by adding at the end the following: lowing: pedited consideration and adjudication of ap- ‘‘(2) QUARTERLY REPORTS.— ‘‘(II) been convicted of a crime involving plications for naturalization under this sub- ‘‘(A) IN GENERAL.—The Officer for Civil moral turpitude that is a crime of child section. Rights and Civil Liberties shall submit to abuse, child neglect, contributing to the de- ‘‘(6) An applicant for naturalization under the President of the Senate, the Speaker of linquency of a minor through sexual acts, or this subsection may be administered the the House of Representatives, the appro- child abandonment; or’’. oath of allegiance under section 337(a) by priate committees and subcommittees of (b) SECRETARY.—Subsection (w)(2) of sec- any district court of the United States, with- Congress, and the Privacy and Civil Liberties tion 212 (8 U.S.C. 1182), as added by section out regard to the residence of the applicant. Oversight Board established under section 2314(b) of this Act, is amended— ‘‘(7) The number of aliens naturalized 1061 of the Intelligence Reform and Ter- (1) in subparagraph (A), by striking ‘‘or’’ at under this subsection in any fiscal year shall rorism Prevention Act of 2004 (42 U.S.C. the end; not exceed 50.

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00065 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.020 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5168 CONGRESSIONAL RECORD — SENATE June 25, 2013 ‘‘(8) The Secretary shall notify the Com- States and Canada shall be considered to to any person or circumstance, is held in- mittee on the Judiciary of the Senate and apply to all Federal land under the jurisdic- valid, the remainder of this chapter, and the the Committee on the Judiciary of the House tion of the Secretary of the Interior or the application of such provision to other per- of Representatives of the filing of an applica- Secretary of Agriculture within 100 miles of sons not similarly situated or to other cir- tion for naturalization under this section the international land borders of the United cumstances, shall not be affected by such in- within a reasonable time after such filing.’’. States for the activities of U.S. Customs and validation. Border Protection described in subsection SEC. l12. IMMIGRATION LAW ENFORCEMENT BY SA 1686. Mr. SESSIONS submitted an (c). STATES AND LOCALITIES. amendment intended to be proposed by (2) DESCRIPTION OF LAWS WAIVED.—The laws (a) IN GENERAL.—Subject to section him to the bill S. 744, to provide for referred to in paragraph (1) are limited to 274A(h)(2) of the Immigration and Nation- comprehensive immigration reform the Wilderness Act (16 U.S.C. 1131 et seq.), ality Act (8 U.S.C. 1324a(h)(2)), States, or po- litical subdivisions of States, may enact, im- and for other purposes; which was or- the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.), the Endangered plement and enforce criminal penalties that dered to lie on the table; as follows: Species Act of 1973 (16 U.S.C. 1531 et seq.), the penalize the same conduct that is prohibited At the appropriate place, insert the fol- National Historic Preservation Act (16 U.S.C. in the criminal provisions of immigration lowing: 470 et seq.), Public Law 86–523 (16 U.S.C. 469 laws (as defined in section 101(a)(17) of the SEC. ll. EXTENSION OF IDENTITY THEFT OF- et seq.), the Act of June 8, 1906 (commonly Immigration and Nationality Act (8 U.S.C. FENSES. known as the ‘‘Antiquities Act of 1906’’; 16 1101(a)(17))), as long as the criminal penalties (a) FRAUD AND RELATED ACTIVITIES RELAT- U.S.C. 431 et seq.), the Wild and Scenic Riv- do not exceed the relevant Federal criminal ING TO IDENTIFICATION DOCUMENTS.—Section ers Act (16 U.S.C. 1271 et seq.), the Federal penalties. States, or political subdivisions of 1028 of title 18, United States Code, is amend- Land Policy and Management Act of 1976 (43 States, may enact, implement and enforce ed in subsection (a)(7), by striking ‘‘of an- U.S.C. 1701 et seq.), the National Wildlife civil penalties that penalize the same con- other person’’ and inserting ‘‘that is not his Refuge System Administration Act of 1966 duct that is prohibited in the civil violations or her own’’. (16 U.S.C. 668dd et seq.), the Fish and Wildlife of immigration laws (as defined in such sec- (b) AGGRAVATED IDENTITY THEFT.—Section Act of 1956 (16 U.S.C. 742a et seq.), the Fish tion 101(a)(17)), as long as the civil penalties 1028A(a) of title 18, United States Code, is and Wildlife Coordination Act (16 U.S.C. 661 do not exceed the relevant Federal civil pen- amended by striking ‘‘of another person’’ et seq.), subchapter II of chapter 5, and chap- alties. (b) LAW ENFORCEMENT PERSONNEL.—Law both places it appears and inserting ‘‘that is ter 7, of title 5, United States Code (com- enforcement personnel of a State, or of a po- not his or her own’’. monly known as the ‘‘Administrative Proce- litical subdivision of a State, may inves- SEC. ll. WAIVER OF FEDERAL LAWS WITH RE- dure Act’’), the National Park Service Or- tigate, identify, apprehend, arrest, detain, or SPECT TO BORDER SECURITY AC- ganic Act (16 U.S.C. 1 et seq.), the General TIONS ON DEPARTMENT OF THE IN- transfer to Federal custody aliens for the Authorities Act of 1970 (Public Law 91–383) TERIOR AND DEPARTMENT OF AGRI- purposes of enforcing the immigration laws (16 U.S.C. 1a-1 et seq.), sections 401(7), 403, CULTURE LANDS. of the United States to the same extent as and 404 of the National Parks and Recreation (a) PROHIBITION ON SECRETARIES OF THE IN- Federal law enforcement personnel. Law en- Act of 1978 (Public Law 95–625, 92 Stat. 3467), TERIOR AND AGRICULTURE.—The Secretary of forcement personnel of a State, or of a polit- and the Arizona Desert Wilderness Act of the Interior or the Secretary of Agriculture ical subdivision of a State, may also inves- shall not impede, prohibit, or restrict activi- 1990 (16 U.S.C. 1132 note; Public Law 101–628). (d) PROTECTION OF LEGAL USES.—This sec- tigate, identify, apprehend, arrest, or detain ties of U.S. Customs and Border Protection tion shall not be construed to provide— aliens for the purposes of enforcing the im- on Federal land located within 100 miles of (1) authority to restrict legal uses, such as migration laws of a State or of a political an international land border that is under grazing, hunting, mining, or public-use rec- subdivision of State, as long as those immi- the jurisdiction of the Secretary of the Inte- reational and backcountry airstrips on land gration laws are permissible under this sec- rior or the Secretary of Agriculture, to exe- under the jurisdiction of the Secretary of the tion. Law enforcement personnel of a State, cute search and rescue operations and to pre- Interior or the Secretary of Agriculture; or or of a political subdivision of a State, may vent all unlawful entries into the United (2) any additional authority to restrict not remove aliens from the United States. States, including entries by terrorists, other legal access to such land. SEC. l13. LISTING OF IMMIGRATION VIOLATORS unlawful aliens, instruments of terrorism, (e) EFFECT ON STATE AND PRIVATE LAND.— IN THE NATIONAL CRIME INFORMA- narcotics, and other contraband through the TION CENTER DATABASE. This Act shall— international land borders of the United (a) PROVISION OF INFORMATION TO THE (1) have no force or effect on State or pri- States. NCIC.—Not later than 180 days after the date vate lands; and (b) AUTHORIZED ACTIVITIES OF U.S. CUS- of the enactment of this Act and periodically (2) not provide authority on or access to TOMS AND BORDER PROTECTION.—U.S. Cus- thereafter as updates may require, the Sec- State or private lands. toms and Border Protection shall have im- (f) TRIBAL SOVEREIGNTY.—Nothing in this retary shall provide the National Crime In- mediate access to Federal land within 100 section supersedes, replaces, negates, or di- formation Center of the Department of Jus- miles of the international land border under minishes treaties or other agreements be- tice with all information that the Secretary the jurisdiction of the Secretary of the Inte- tween the United States and Indian tribes. may possess regarding any alien against rior or the Secretary of Agriculture for pur- (g) REPORT.—Not later than 1 year after whom a final order of removal has been poses of conducting the following activities the date of the enactment of this Act, and issued, any alien who has entered into a vol- on such land that prevent all unlawful en- annually thereafter, the Secretary of Home- untary departure agreement, any alien who tries into the United States, including en- land Security shall submit to the appro- has overstayed their authorized period of tries by terrorists, other unlawful aliens, in- priate committees of Congress a report de- stay, and any alien whose visas has been re- struments of terrorism, narcotics, and other scribing the extent to which implementation voked. The National Crime Information Cen- contraband through the international land of this section has affected the operations of ter shall enter such information into the Im- borders of the United States: U.S. Customs and Border Protection in the migration Violators File of the National (1) Construction and maintenance of roads. year preceding the report. Crime Information Center database, regard- (2) Construction and maintenance of bar- less of whether— Subtitle l—Interior Enforcement riers. (1) the alien received notice of a final order (3) Use of vehicles to patrol, apprehend, or SEC. l00. SHORT TITLE. of removal; rescue. This subtitle may be cited as the (2) the alien has already been removed; or (4) Installation, maintenance, and oper- ‘‘Strengthen and Fortify Enforcement Act’’ (3) sufficient identifying information is ation of communications and surveillance or the ‘‘SAFE Act’’. available with respect to the alien. equipment and sensors. SEC. l01. FUNDING. (b) INCLUSION OF INFORMATION IN THE NCIC (5) Deployment of temporary tactical in- Of the amounts authorized to be appro- DATABASE.— frastructure. priated pursuant to section 3301(b), (1) IN GENERAL.—Section 534(a) of title 28, (c) CLARIFICATION RELATING TO WAIVER AU- $300,000,000 to carry out title III and this sub- United States Code, is amended— THORITY.— title and the amendments made by title III (A) in paragraph (3), by striking ‘‘and’’ at (1) IN GENERAL.—Notwithstanding any and this subtitle. the end; other provision of law (including any termi- CHAPTER 1—IMMIGRATION LAW EN- (B) by redesignating paragraph (4) as para- nation date relating to the waiver referred to FORCEMENT BY STATES AND LOCAL- graph (5); and in this subsection), the waiver by the Sec- ITIES (C) by inserting after paragraph (3) the fol- retary of Homeland Security on April 1, 2008, SEC. l11. DEFINITION AND SEVERABILITY. lowing: under section 102(c)(1) of the Illegal Immi- (a) STATE DEFINED.—For the purposes of ‘‘(4) acquire, collect, classify, and preserve gration Reform and Immigrant Responsi- this chapter, the term ‘‘State’’ has the records of violations by aliens of the immi- bility Act of 1996 (8 U.S.C. 1103 note; Public meaning given to such term in section gration laws of the United States, regardless Law 104–208) of the laws described in para- 101(a)(36) of the Immigration and Nationality of whether any such alien has received no- graph (2) with respect to certain sections of Act (8 U.S.C. 1101(a)(36)). tice of the violation or whether sufficient the international border between the United (b) SEVERABILITY.—If any provision of this identifying information is available with re- States and Mexico and between the United chapter, or the application of such provision spect to any such alien or whether any such

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00066 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.019 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5169 alien has already been removed from the From amounts made available to make dismissal process is required, the Secretary United States; and’’. grants under this section, the Secretary should issue a detainer and take the alien (2) EFFECTIVE DATE.—The Attorney Gen- shall make grants to States, and to political into custody not later than 48 hours after the eral and the Secretary shall ensure that the subdivisions of States, for procurement of alien is apprehended; and amendment made by paragraph (1) is imple- equipment, technology, facilities, and other ‘‘(2) shall request that the relevant State mented by not later than 6 months after the products that facilitate and are directly re- or local law enforcement agency temporarily date of the enactment of this Act. lated to investigating, apprehending, arrest- hold the alien in their custody or transport SEC. l14. TECHNOLOGY ACCESS. ing, detaining, or transporting aliens who the alien for transfer to Federal custody. States shall have access to Federal pro- are inadmissible or deportable, including ad- ‘‘(b) POLICY ON DETENTION IN FEDERAL, grams or technology directed broadly at ditional administrative costs incurred under CONTRACT, STATE, OR LOCAL DETENTION FA- identifying inadmissible or deportable this chapter. CILITIES.—In carrying out section 241(g)(1), aliens. (b) ELIGIBILITY.—To be eligible to receive a the Attorney General or Secretary of Home- SEC. l15. STATE AND LOCAL LAW ENFORCEMENT grant under this section, a State, or a polit- land Security shall ensure that an alien ar- PROVISION OF INFORMATION ical subdivision of a State, must have the au- rested under this title shall be held in cus- ABOUT APPREHENDED ALIENS. thority to, and shall have a written policy tody, pending the alien’s examination under (a) PROVISION OF INFORMATION.—In compli- and a practice to, assist in the enforcement this section, in a Federal, contract, State, or ance with section 642(a) of the Illegal Immi- of the immigration laws of the United States local prison, jail, detention center, or other gration Reform and Immigrant Responsi- in the course of carrying out the routine law comparable facility. Notwithstanding any bility Act of 1996 (8 U.S.C. 1373) and section enforcement duties of such State or political other provision of law, regulation or policy, 434 of the Personal Responsibility and Work subdivision of a State. Entities covered such facility is adequate for detention, if— Opportunity Reconciliation Act of 1996 (8 under this section may not have any policy ‘‘(1) such a facility is the most suitably lo- U.S.C. 1644), each State, and each political or practice that prevents local law enforce- subdivision of a State, shall provide the Sec- cated Federal, contract, State, or local facil- ment from inquiring about a suspect’s immi- ity available for such purpose under the cir- retary in a timely manner with the informa- gration status. tion specified in subsection (b) with respect cumstances; (c) FUNDING.—There is authorized to be ap- ‘‘(2) an appropriate arrangement for such to each alien apprehended in the jurisdiction propriated for grants under this section such of the State, or in the political subdivision of use of the facility can be made; and sums as may be necessary for fiscal year 2014 the State, who is believed to be inadmissible ‘‘(3) the facility satisfies the standards for and each subsequent fiscal year. or deportable. the housing, care, and security of persons (d) GAO AUDIT.—Not later than 3 years (b) INFORMATION REQUIRED.—The informa- held in custody by a United States Marshal. after the date of the enactment of this Act, tion referred to in subsection (a) is as fol- ‘‘(c) REIMBURSEMENT.—The Secretary of lows: the Comptroller General of the United States Homeland Security shall reimburse a State, (1) The alien’s name. shall conduct an audit of funds distributed to and a political subdivision of a State, for all (2) The alien’s address or place of resi- States, and to political subdivisions of a reasonable expenses, as determined by the dence. State, under subsection (a). Secretary, incurred by the State, or political (3) A physical description of the alien. SEC. l17. INCREASED FEDERAL DETENTION subdivision, as a result of the incarceration (4) The date, time, and location of the en- SPACE. and transportation of an alien who is inad- counter with the alien and reason for stop- (a) CONSTRUCTION OR ACQUISITION OF DE- missible or deportable as described in sub- ping, detaining, apprehending, or arresting TENTION FACILITIES.— sections (a) and (b). Compensation provided the alien. (1) IN GENERAL.—The Secretary shall con- for costs incurred under such subsections (5) If applicable, the alien’s driver’s license struct or acquire, in addition to existing fa- shall be the average cost of incarceration of number and the State of issuance of such li- cilities for the detention of aliens, detention a prisoner in the relevant State, as deter- cense. facilities in the United States, for aliens de- mined by the chief executive officer of a (6) If applicable, the type of any other iden- tained pending removal from the United State, or of a political subdivision of a State, tification document issued to the alien, any States or a decision regarding such removal. plus the cost of transporting the alien from designation number contained on the identi- Each facility shall have a number of beds the point of apprehension to the place of de- fication document, and the issuing entity for necessary to effectuate this purposes of this tention, and to the custody transfer point if the identification document. chapter. the place of detention and place of custody (7) If applicable, the license plate number, (2) DETERMINATIONS.—The location of any are different. make, and model of any automobile reg- detention facility built or acquired in ac- ‘‘(d) SECURE FACILITIES.—The Secretary of istered to, or driven by, the alien. cordance with this subsection shall be deter- Homeland Security shall ensure that aliens (8) A photo of the alien, if available or mined by the Secretary. incarcerated pursuant to this title are held readily obtainable. (b) AUTHORIZATION OF APPROPRIATIONS.— in facilities that provide an appropriate level (9) The alien’s fingerprints, if available or There are authorized to be appropriated such of security. sums as may be necessary to carry out this readily obtainable. ‘‘(e) TRANSFER.— section. (c) ANNUAL REPORT ON REPORTING.—The ‘‘(1) IN GENERAL.—In carrying out this sec- (c) TECHNICAL AND CONFORMING AMEND- Secretary shall maintain and annually sub- tion, the Secretary of Homeland Security MENT.—Section 241(g)(1) of the Immigration mit to the Congress a detailed report listing shall establish a regular circuit and schedule and Nationality Act (8 U.S.C. 1231(g)(1)) is the States, or the political subdivisions of for the prompt transfer of apprehended amended by striking ‘‘may expend’’ and in- States, that have provided information aliens from the custody of States, and polit- serting ‘‘shall expend’’. under subsection (a) in the preceding year. ical subdivisions of a State, to Federal cus- (d) REIMBURSEMENT.—The Secretary shall SEC. l18. FEDERAL CUSTODY OF INADMISSIBLE tody. reimburse States, and political subdivisions AND DEPORTABLE ALIENS IN THE ‘‘(2) CONTRACTS.—The Secretary may enter of a State, for all reasonable costs, as deter- UNITED STATES APPREHENDED BY STATE OR LOCAL LAW ENFORCE- into contracts, including appropriate private mined by the Secretary, incurred by the contracts, to implement this subsection.’’. State, or the political subdivision of a State, MENT. (a) STATE APPREHENSION.— (2) CLERICAL AMENDMENT.—The table of as a result of providing information under contents of such Act is amended by inserting subsection (a). (1) IN GENERAL.—Title II of the Immigra- after the item relating to section 240C the (e) AUTHORIZATION OF APPROPRIATIONS.— tion and Nationality Act (8 U.S.C. 1151 et There are authorized to be appropriated such seq.) is amended by inserting after section following new item: sums as may be necessary to carry out this 240C the following: ‘‘Sec. 240D. Custody of aliens unlawfully section. ‘‘CUSTODY OF INADMISSIBLE AND DEPORTABLE present in the United States.’’. ONSTRUCTION (f) C .—Nothing in this section ALIENS PRESENT IN THE UNITED STATES (b) GAO AUDIT.—Not later than 3 years shall require law enforcement officials of a ‘‘SEC. 240D. (a) TRANSFER OF CUSTODY BY after the date of the enactment of this Act, State, or of a political subdivision of a State, STATE AND LOCAL OFFICIALS.—If a State, or a the Comptroller General of the United States to provide the Secretary with information political subdivision of the State, exercising shall conduct an audit of compensation to related to a victim of a crime or witness to authority with respect with respect to the States, and to political subdivisions of a a criminal offense. apprehension or arrest of an inadmissible or State, for the incarceration of inadmissible (g) EFFECTIVE DATE.—This section shall or deportable aliens under section 240D(a) of take effect on the date that is 120 days after deportable alien submits to the Secretary of the Immigration and Nationality Act (as the date of the enactment of this Act and Homeland Security a request that the alien shall apply with respect to aliens appre- be taken into Federal custody, notwith- added by subsection (a)(1)). hended on or after such date. standing any other provision of law, regula- (c) EFFECTIVE DATE.—Section 240D of the tion, or policy the Secretary— Immigration and Nationality Act, as added SEC. l16. FINANCIAL ASSISTANCE TO STATE AND LOCAL POLICE AGENCIES THAT AS- ‘‘(1) shall take the alien into custody not by subsection (a), shall take effect on the SIST IN THE ENFORCEMENT OF IM- later than 48 hours after the detainer has date of the enactment of this Act, except MIGRATION LAWS. been issued following the conclusion of the that subsection (e) of such section shall take (a) GRANTS FOR SPECIAL EQUIPMENT FOR State or local charging process or dismissal effect on the date that is 120 day after the HOUSING AND PROCESSING CERTAIN ALIENS.— process, or if no State or local charging or date of the enactment of this Act.

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00067 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5170 CONGRESSIONAL RECORD — SENATE June 25, 2013 SEC. l19. TRAINING OF STATE AND LOCAL LAW SEC. l21. CRIMINAL ALIEN IDENTIFICATION from the date the request is made until the ENFORCEMENT PERSONNEL RELAT- PROGRAM. agreement is consummated.’’; ING TO THE ENFORCEMENT OF IM- (a) CONTINUATION AND EXPANSION.— (2) by redesignating paragraph (2) as para- MIGRATION LAWS. (1) IN GENERAL.—The Secretary shall con- graph (5) and paragraphs (3) through (10) as (a) ESTABLISHMENT OF TRAINING MANUAL tinue to operate and implement a program paragraphs (7) through (14), respectively; AND POCKET GUIDE.—Not later than 180 days that— (3) by inserting after paragraph (1) the fol- after the date of the enactment of this Act, (A) identifies removable criminal aliens in lowing: the Secretary shall establish— Federal and State correctional facilities; ‘‘(2) An agreement under this subsection (1) a training manual for law enforcement (B) ensures such aliens are not released shall accommodate a requesting State or po- personnel of a State, or of a political sub- into the community; and litical subdivision with respect to the en- division of a State, to train such personnel (C) removes such aliens from the United forcement model or combination of models, in the investigation, identification, appre- States after the completion of their sen- and shall accommodate a patrol model, task hension, arrest, detention, and transfer to tences. force model, jail model, any combination Federal custody of inadmissible and deport- (2) EXPANSION.—The program shall be ex- thereof, or any other reasonable model the able aliens in the United States (including tended to all States. Any State that receives State or political subdivision believes is best the transportation of such aliens across Federal funds for the incarceration of crimi- suited to the immigration enforcement needs State lines to detention centers and the nal aliens (pursuant to the State Criminal of its jurisdiction. identification of fraudulent documents); and Alien Assistance Program authorized under ‘‘(3) No Federal program or technology di- (2) an immigration enforcement pocket section 241(i) of the Immigration and Nation- rected broadly at identifying inadmissible or guide for law enforcement personnel of a ality Act (8 U.S.C. 1231(i)) or other similar deportable aliens shall substitute for such State, or of a political subdivision of a State, program) shall— agreements, including those establishing a to provide a quick reference for such per- (A) cooperate with officials of the program; jail model, and shall operate in addition to sonnel in the course of duty. (B) expeditiously and systematically iden- any agreement under this subsection. (b) AVAILABILITY.—The training manual tify criminal aliens in its prison and jail pop- ‘‘(4)(A) No agreement under this subsection and pocket guide established in accordance ulations; and shall be terminated absent a compelling rea- with subsection (a) shall be made available (C) promptly convey such information to son. to all State and local law enforcement per- officials of such program as a condition of re- ‘‘(B)(i) The Secretary shall provide a State sonnel. ceiving such funds. or political subdivision written notice of in- (c) APPLICABILITY.—Nothing in this section (b) AUTHORIZATION FOR DETENTION AFTER tent to terminate at least 180 days prior to shall be construed to require State or local COMPLETION OF STATE OR LOCAL PRISON SEN- date of intended termination, and the notice law enforcement personnel to carry the TENCE.—Law enforcement officers of a State, shall fully explain the grounds for termi- training manual or pocket guide with them or of a political subdivision of a State, are nation, along with providing evidence sub- while on duty. authorized to— stantiating the Secretary’s allegations. (d) COSTS.—The Secretary shall be respon- (1) hold a criminal alien for a period of up ‘‘(ii) The State or political subdivision sible for any costs incurred in establishing to 14 days after the alien has completed the shall have the right to a hearing before an the training manual and pocket guide. alien’s sentence under State or local law in administrative law judge and, if the ruling is (e) TRAINING FLEXIBILITY.— order to effectuate the transfer of the alien against the State or political subdivision, to (1) IN GENERAL.—The Secretary shall make to Federal custody when the alien is inad- appeal the ruling to the Federal Circuit training of State and local law enforcement missible or deportable; or Court of Appeals and, if the ruling is against officers available through as many means as (2) issue a detainer that would allow aliens the State or political subdivision, to the Su- possible, including through residential train- who have served a prison sentence under preme Court. ing at the Center for Domestic Preparedness, State or local law to be detained by the ‘‘(C) The agreement shall remain in full ef- onsite training held at State or local police State or local prison or jail until the Sec- fect during the course of any and all legal agencies or facilities, online training courses retary can take the alien into custody. proceedings.’’; and by computer, teleconferencing, and video- (c) TECHNOLOGY USAGE.—Technology, such (4) by inserting after paragraph (5) (as re- tape, or the digital video display (DVD) of a as video conferencing, shall be used to the designated) the following: training course or courses. E-learning maximum extent practicable in order to ‘‘(6) The Secretary of Homeland Security through a secure, encrypted distributed make the program available in remote loca- shall make training of State and local law learning system that has all its servers based tions. Mobile access to Federal databases of enforcement officers available through as in the United States, is scalable, survivable, aliens and live scan technology shall be used many means as possible, including through and can have a portal in place not later than to the maximum extent practicable in order residential training at the Center for Domes- 30 days after the date of the enactment of to make these resources available to State tic Preparedness and the Federal Law En- this Act, shall be made available by the Fed- and local law enforcement agencies in re- forcement Training Center, onsite training eral Law Enforcement Training Center Dis- mote locations. held at State or local police agencies or fa- tributed Learning Program for State and (d) EFFECTIVE DATE.—This section shall cilities, online training courses by computer, local law enforcement personnel. take effect of the date of the enactment of teleconferencing, and videotape, or the dig- (2) FEDERAL PERSONNEL TRAINING.—The this Act, except that subsection (a)(2) shall ital video display (DVD) of a training course training of State and local law enforcement take effect on the date that is 180 days after or courses. Distance learning through a se- personnel under this section shall not dis- such date. cure, encrypted distributed learning system place the training of Federal personnel. SEC. l22. CLARIFICATION OF CONGRESSIONAL that has all its servers based in the United (3) CLARIFICATION.—Nothing in this chapter INTENT. States, is scalable, survivable, and can have or any other provision of law shall be con- Section 287(g) of the Immigration and Na- a portal in place not later than 30 days after strued as making any immigration-related tionality Act (8 U.S.C. 1357(g)) is amended— the date of the enactment of this Act, shall training a requirement for, or prerequisite (1) in paragraph (1) by striking ‘‘may be made available by the COPS Office of the to, any State or local law enforcement offi- enter’’ and all that follows through the pe- Department of Justice and the Federal Law cer to assist in the enforcement of Federal riod at the end and inserting the following: Enforcement Training Center Distributed immigration laws. ‘‘shall enter into a written agreement with a Learning Program for State and local law (4) PRIORITY.—In carrying out this sub- State, or any political subdivision of a State, enforcement personnel. Preference shall be section, priority funding shall be given for upon request of the State or political sub- given to private sector-based web-based im- existing web-based immigration enforcement division, pursuant to which an officer or em- migration enforcement training programs training systems. ployee of the State or subdivision, who is de- for which the Federal Government has al- SEC. l20. IMMUNITY. termined by the Secretary to be qualified to ready provided support to develop.’’. Notwithstanding any other provision of perform a function of an immigration officer SEC. l23. STATE CRIMINAL ALIEN ASSISTANCE law, a law enforcement officer of a State or in relation to the investigation, apprehen- PROGRAM (SCAAP). local law enforcement agency who is acting sion, or detention of aliens in the United Section 241(i) of the Immigration and Na- within the scope of the officer’s official du- States (including the transportation of such tionality Act (8 U.S.C. 1231(i)) is amended— ties shall be immune, to the same extent as aliens across State lines to detention cen- (1) by striking ‘‘Attorney General’’ the a Federal law enforcement officer, from per- ters), may carry out such function at the ex- first place such term appears and inserting sonal liability arising out of the performance pense of the State or political subdivision ‘‘Secretary of Homeland Security’’; of any duty described in this chapter, includ- and to extent consistent with State and local (2) by striking ‘‘Attorney General’’ each ing the authorities to investigate, identify, law. No request from a bona fide State or po- place such term appears thereafter and in- apprehend, arrest, detain, or transfer to Fed- litical subdivision or bona fide law enforce- serting ‘‘Secretary’’; eral custody, an alien for the purposes of en- ment agency shall be denied absent a com- (3) in paragraph (3)(A), by inserting forcing the immigration laws of the United pelling reason. No limit on the number of ‘‘charged with or’’ before ‘‘convicted’’; and States (as defined in section 101(a)(17) of the agreements under this subsection may be im- (4) by amending paragraph (5) to read as Immigration and Nationality Act (8 U.S.C. posed. The Secretary shall process requests follows: 1101(a)(17)) or the immigration laws of a for such agreements with all due haste, and ‘‘(5) There are authorized to be appro- State or a political subdivision of a State. in no case shall take not more than 90 days priated to carry out this subsection such

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00068 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5171 sums as may be necessary for fiscal year 2014 States, to report or arrest victims or wit- mission for permanent residence in the case and each subsequent fiscal year.’’. nesses of a criminal offense.’’. of any alien, if no such record is otherwise SEC. l14. STATE VIOLATIONS OF ENFORCEMENT (b) EFFECTIVE DATE.—The amendments available and the alien— OF IMMIGRATION LAWS. made by this section shall take effect on the ‘‘(1) entered the United States before Janu- (a) IN GENERAL.—Section 642 of the Illegal date of the enactment of this Act, except ary 1, 1972; Immigration Reform and Immigrant Respon- that subsection (d) of section 642 of the Ille- ‘‘(2) has continuously resided in the United sibility Act of 1996 (8 U.S.C. 1373) is amend- gal Immigration Reform and Immigrant Re- States since such entry; ed— sponsibility Act of 1996 (8 U.S.C. 1373), as ‘‘(3) has been a person of good moral char- (1) by striking ‘‘Immigration and Natu- added by this section, shall take effect be- acter since such entry; ralization Service’’ in each place it appears ginning one year after the date of the enact- ‘‘(4) is not ineligible for citizenship; and inserting ‘‘Department of Homeland Se- ment of this Act. ‘‘(5) is not described in paragraph (1)(A)(iv), curity’’; SEC. l25. CLARIFYING THE AUTHORITY OF ICE (2), (3), (6)(C), (6)(E), or (8) of section 212(a); (2) in subsection (a), by striking ‘‘may’’ DETAINERS. and and inserting ‘‘shall’’; Except as otherwise provided by Federal ‘‘(6) did not, at any time, without reason- (3) in subsection (b)— law or rule of procedure, the Secretary shall able cause fail or refuse to attend or remain (A) by striking ‘‘no person or agency may’’ execute all lawful writs, process, and orders in attendance at a proceeding to determine and inserting ‘‘a person or agency shall not’’; issued under the authority of the United the alien’s inadmissibility or deportability. (B) by striking ‘‘doing any of the following States, and shall command all necessary as- Such recordation shall be effective as of the with respect to information’’ and inserting sistance to execute the Secretary’s duties. date of approval of the application or as of ‘‘undertaking any of the following law en- CHAPTER 2—NATIONAL SECURITY the date of entry if such entry occurred prior forcement activities’’; and SEC. l31. REMOVAL OF, AND DENIAL OF BENE- to July 1, 1924.’’. (C) by striking paragraphs (1) through (3) (2) CLERICAL AMENDMENT.—The table of and inserting the following: FITS TO, TERRORIST ALIENS. (a) ASYLUM.—Section 208(b)(2)(A) of the contents for such Act is amended by amend- ‘‘(1) Notifying the Federal Government re- Immigration and Nationality Act (8 U.S.C. ing the item relating to section 249 to read garding the presence of inadmissible and de- as follows: portable aliens who are encountered by law 1158(b)(2)(A)) is amended— enforcement personnel of a State or political (1) by inserting ‘‘or the Secretary of Home- ‘‘Sec. 249. Record of admission for perma- subdivision of a State. land Security’’ after ‘‘if the Attorney Gen- nent residence in the case of ‘‘(2) Complying with requests for informa- eral’’; and certain aliens who entered the tion from Federal law enforcement. (2) by amending clause (v) to read as fol- United States prior to January ‘‘(3) Complying with detainers issued by lows: 1, 1972.’’. the Department of Homeland Security. ‘‘(v) the alien is described in subparagraph (f) EFFECTIVE DATE.—The amendments ‘‘(4) Issuing policies in the form of a resolu- (B)(i) or (F) of section 212(a)(3), unless, in the made by this section shall take effect on the tions, ordinances, administrative actions, case of an alien described in subparagraph date of enactment of this Act and sections general or special orders, or departmental (IV), (V), or (IX) of section 212(a)(3)(B)(i), the 208(b)(2)(A), 212(a), 240A, 240B, 241(b)(3), and policies that violate Federal law or restrict a Secretary of Homeland Security or the At- 249 of the Immigration and Nationality Act, State or political subdivision of a State from torney General determines, in the discretion as so amended, shall apply to— complying with Federal law or coordinating of the Secretary or the Attorney General, (1) all aliens in removal, deportation, or with Federal law enforcement.’’; and that there are not reasonable grounds for re- exclusion proceedings; (4) by adding at the end the following: garding the alien as a danger to the security (2) all applications pending on, or filed ‘‘(d) COMPLIANCE.— of the United States; or’’. after, the date of the enactment of this Act; ‘‘(1) IN GENERAL.—A State, or a political (b) CANCELLATION OF REMOVAL.—Section and subdivision of a State, that has in effect a 240A(c)(4) of such Act (8 U.S.C. 1229b(c)(4)) is (3) with respect to aliens and applications statute, policy, or practice that prohibits amended— described in paragraph (1) or (2) of this sub- law enforcement officers of the State, or of a (1) by striking ‘‘inadmissible under’’ and section, acts and conditions constituting a political subdivision of the State, from as- inserting ‘‘described in’’; and ground for exclusion, deportation, or re- sisting or cooperating with Federal immigra- (2) by striking ‘‘deportable under’’ and in- moval occurring or existing before, on, or tion law enforcement in the course of car- serting ‘‘described in’’. after the date of the enactment of this Act. rying out the officers’ routine law enforce- (c) VOLUNTARY DEPARTURE.—Section SEC. l32. TERRORIST BAR TO GOOD MORAL ment duties shall not be eligible to receive— 240B(b)(1)(C) of such Act (8 U.S.C. CHARACTER. ‘‘(A) any of the funds that would otherwise 1229c(b)(1)(C)) is amended by striking ‘‘de- (a) DEFINITION OF GOOD MORAL CHAR- be allocated to the State or political subdivi- portable under section 237(a)(2)(A)(iii) or sec- ACTER.—Section 101(f) of the Immigration sion under section 241(i) of the Immigration tion 237(a)(4);’’ and inserting ‘‘described in and Nationality Act (8 U.S.C. 1101(f)) is and Nationality Act (8 U.S.C. 1231(i)) or the paragraph (2)(A)(iii) or (4) of section 237(a);’’. amended— (d) RESTRICTION ON REMOVAL.—Section ‘Cops on the Beat’ program under part Q of (1) by redesignating paragraphs (1) through 241(b)(3)(B) of such Act (8 U.S.C. 1231(b)(3)(B)) title I of the Omnibus Crime Control and (9) as paragraphs (2) through (10), respec- is amended— Safe Streets Act of 1968 (42 U.S.C. 3796dd et tively; (1) by inserting ‘‘or the Secretary of Home- seq.); or (2) by inserting after paragraph (1) the fol- land Security’’ after ‘‘Attorney General’’ ‘‘(B) any other law enforcement or Depart- lowing: wherever that term appears; ment of Homeland Security grant. ‘‘(2) one who the Secretary of Homeland (2) in clause (iii), by striking ‘‘or’’ at the ‘‘(2) ANNUAL DETERMINATION.—The Sec- Security or Attorney General determines to end; retary shall determine annually which State have been at any time an alien described in (3) in clause (iv), by striking the period at or political subdivision of a State are not in section 212(a)(3) or 237(a)(4), which deter- the end and inserting ‘‘; or’’; compliance with section and shall report mination may be based upon any relevant in- (4) by inserting after clause (iv) the fol- such determinations to Congress on March 1 formation or evidence, including classified, lowing: of each year. sensitive, or national security information;’’; ‘‘(v) the alien is described in subparagraph ‘‘(3) REPORTS.—The Attorney General shall (3) in paragraph (9) (as redesignated), by in- (B)(i) or (F) of section 212(a)(3), unless, in the issue a report concerning the compliance of serting ‘‘, regardless whether the crime was case of an alien described in subparagraph any particular State or political subdivision classified as an aggravated felony at the (IV), (V), or (IX) of section 212(a)(3)(B)(i), the at the request of the House or Senate Judici- time of conviction, except that the Sec- Secretary of Homeland Security or the At- ary Committee. Any jurisdiction that is retary of Homeland Security or Attorney torney General determines, in discretion of found to be out of compliance shall be ineli- General may, in the unreviewable discretion the Secretary or the Attorney General, that gible to receive Federal financial assistance of the Secretary or Attorney General, deter- there are not reasonable grounds for regard- as provided in paragraph (1) for a minimum mine that this paragraph shall not apply in ing the alien as a danger to the security of period of 1 year, and shall only become eligi- the case of a single aggravated felony con- the United States.’’; and ble again after the Attorney General cer- viction (other than murder, manslaughter, (5) by striking the final sentence. tifies that the jurisdiction is in compliance. homicide, rape, or any sex offense when the (e) RECORD OF ADMISSION.— ‘‘(4) REALLOCATION.—Any funds that are victim of such sex offense was a minor) for (1) IN GENERAL.—Section 249 of such Act (8 not allocated to a State or to a political sub- which completion of the term of imprison- U.S.C. 1259) is amended to read as follows: division of a State, due to the failure of the ment or the sentence (whichever is later) oc- State, or of the political subdivision of the ‘‘RECORD OF ADMISSION FOR PERMANENT RESI- curred 10 or more years prior to the date of State, to comply with subsection (c) shall be DENCE IN THE CASE OF CERTAIN ALIENS WHO application’’ after ‘‘(as defined in subsection reallocated to States, or to political subdivi- ENTERED THE UNITED STATES PRIOR TO JANU- (a)(43))’’; and sions of States, that comply with such sub- ARY 1, 1972 (4) by striking the first sentence the fol- section. ‘‘SEC. 249. The Secretary of Homeland Se- lows paragraph (10) (as redesignated) and in- ‘‘(e) CONSTRUCTION.—Nothing in this sec- curity, in the discretion of the Secretary and serting following: ‘‘The fact that any person tion shall require law enforcement officials under such regulations as the Secretary may is not within any of the foregoing classes from States, or from political subdivisions of prescribe, may enter a record of lawful ad- shall not preclude a discretionary finding for

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00069 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5172 CONGRESSIONAL RECORD — SENATE June 25, 2013 other reasons that such a person is or was migration and Nationality Act (8 U.S.C. ‘‘(2) The acts described in this paragraph not of good moral character. The Secretary 1186a(e) and 1186b(e)) are each amended by are the following: or the Attorney General shall not be limited striking the period at the end and inserting ‘‘(A) Any activity a purpose of which is the to the applicant’s conduct during the period ‘‘, if the alien has had the conditional basis opposition to, or the control or overthrow of, for which good moral character is required, removed pursuant to this section.’’. the Government of the United States by but may take into consideration as a basis (e) DISTRICT COURT JURISDICTION.—Sub- force, violence, or other unlawful means. for determination the applicant’s conduct section 336(b) of the Immigration and Na- ‘‘(B) Engaging in a terrorist activity (as and acts at any time.’’ tionality Act, 8 U.S.C. 1447(b), is amended to defined in clauses (iii) and (iv) of section (b) AGGRAVATED FELONS.—Section 509(b) of read as follows: 212(a)(3)(B)). the Immigration Act of 1990 (8 U.S.C. 1101 ‘‘(b) If there is a failure to render a final ‘‘(C) Incitement of terrorist activity under note) is amended to read as follows: administrative decision under section 335 be- circumstances indicating an intention to ‘‘(b) EFFECTIVE DATE.—The amendment fore the end of the 180-day period after the cause death or serious bodily harm. made by subsection (a) shall take effect on date on which the Secretary of Homeland Se- ‘‘(D) Receiving military-type training (as November 29, 1990, and shall apply to convic- curity completes all examinations and inter- defined in section 2339D(c)(1) of title 18, tions occurring before, on or after such views conducted under such section, as such United States Code) from or on behalf of any date.’’. terms are defined by the Secretary of Home- organization that, at the time the training land Security pursuant to regulations, the (c) TECHNICAL CORRECTION TO THE INTEL- was received, was a terrorist organization (as applicant may apply to the district court for LIGENCE REFORM ACT.—Section 5504(2) of the defined in section 212(a)(3)(B)(vi)).’’. Intelligence Reform and Terrorism Preven- the district in which the applicant resides (b) EFFECTIVE DATE.—The amendments tion Act of 2004 (Public Law 108–458) is for a hearing on the matter. Such court shall made by subsection (a) shall take effect on amended by striking ‘‘adding at the end’’ and only have jurisdiction to review the basis for the date of the enactment of this Act and inserting ‘‘inserting after paragraph (8)’’. delay and remand the matter to the Sec- shall apply to acts that occur on or after retary of Homeland Security for the Sec- (d) EFFECTIVE DATE.—The amendments such date. retary’s determination on the application.’’. made by subsections (a) and (b) shall take ef- SEC. l35. USE OF 1986 IRCA LEGALIZATION IN- (f) CONFORMING AMENDMENT.—Section fect on the date of enactment of this Act, FORMATION FOR NATIONAL SECU- 310(c) of the Immigration and Nationality RITY PURPOSES. shall apply to any act that occurred before, Act (8 U.S.C. 1421(c)) is amended— (a) SPECIAL AGRICULTURAL WORKERS.—Sec- on, or after such date and shall apply to any (1) by inserting ‘‘, not later than the date tion 210(b)(6) of the Immigration and Nation- application for naturalization or any other that is 120 days after the Secretary of Home- ality Act (8 U.S.C. 1160(b)(6)) is amended— benefit or relief, or any other case or matter land Security’s final determination,’’ after (1) by striking ‘‘Attorney General’’ each under the immigration laws pending on or ‘‘seek’’; and place such term appears and inserting ‘‘Sec- filed after such date. The amendments made (2) by striking the second sentence and in- retary of Homeland Security’’; by subsection (c) shall take effect as if en- serting the following: ‘‘The burden shall be (2) in subparagraph (A), by striking ‘‘De- acted in the Intelligence Reform and Ter- upon the petitioner to show that the Sec- partment of Justice,’’ and inserting ‘‘Depart- rorism Prevention Act of 2004 (Public Law retary’s denial of the application was not ment of Homeland Security,’’; 108–458). supported by facially legitimate and bona (3) by redesignating subparagraphs (C) and SEC. l33. TERRORIST BAR TO NATURALIZATION. fide reasons. Except in a proceeding under (D) as subparagraphs (D) and (E), respec- (a) NATURALIZATION OF PERSONS ENDAN- section 340, notwithstanding any other provi- tively; GERING THE NATIONAL SECURITY.—Section 316 sion of law (statutory or nonstatutory), in- (4) by inserting after subparagraph (B) the of the Immigration and Nationality Act (8 cluding section 2241 of title 28, United States following: U.S.C. 1426) is amended by adding at the end Code, or any other habeas corpus provision, ‘‘(C) AUTHORIZED DISCLOSURES.— the following: and sections 1361 and 1651 of such title, no ‘‘(i) CENSUS PURPOSE.—The Secretary of ‘‘(g) PERSONS ENDANGERING THE NATIONAL court shall have jurisdiction to determine, or Homeland Security may provide, in his dis- SECURITY.—No person shall be naturalized to review a determination of the Secretary cretion, for the furnishing of information who the Secretary of Homeland Security de- made at any time regarding, whether, for furnished under this section in the same termines to have been at any time an alien purposes of an application for naturalization, manner and circumstances as census infor- described in section 212(a)(3) or 237(a)(4). an alien is a person of good moral character, mation may be disclosed under section 8 of Such determination may be based upon any whether the alien understands and is at- title 13, United States Code. relevant information or evidence, including tached to the principles of the Constitution ‘‘(ii) NATIONAL SECURITY PURPOSE.—The classified, sensitive, or national security in- of the United States, or whether an alien is Secretary of Homeland Security may pro- formation.’’. well disposed to the good order and happi- vide, in his discretion, for the furnishing, (b) CONCURRENT NATURALIZATION AND RE- ness of the United States.’’. use, publication, or release of information MOVAL PROCEEDINGS.—Section 318 of the Im- (g) EFFECTIVE DATE.—The amendments furnished under this section in any inves- migration and Nationality Act (8 U.S.C. 1429) made by this section shall take effect on the tigation, case, or matter, or for any purpose, is amended by striking ‘‘other Act;’’ and in- date of enactment of this Act, shall apply to relating to terrorism, national intelligence serting ‘‘other Act; and no application for any act that occurred before, on, or after or the national security.’’; and naturalization shall be considered by the such date, and shall apply to any application (5) in subparagraph (D), as redesignated, by Secretary of Homeland Security or any court for naturalization or any other case or mat- striking ‘‘Service’’ and inserting ‘‘Depart- if there is pending against the applicant any ter under the immigration laws pending on, ment of Homeland Security’’. removal proceeding or other proceeding to or filed after, such date. (b) ADJUSTMENT OF STATUS UNDER THE IM- determine the applicant’s inadmissibility or SEC. l34. DENATURALIZATION FOR TERRORISTS. MIGRATION REFORM AND CONTROL ACT OF deportability, or to determine whether the (a) IN GENERAL.—Section 340 of the Immi- 1986.—Section 245A(c)(5) of the Immigration applicant’s lawful permanent resident status gration and Nationality Act is amended— and Nationality Act (8 U.S.C. 1255a(c)(5)), is should be rescinded, regardless of when such (1) by redesignating subsections (f) through amended— proceeding was commenced: Provided, That (h) as subsections (g) through (i), respec- (1) by striking ‘‘Attorney General’’ each the findings of the Attorney General in ter- tively; and place such term appears and inserting ‘‘Sec- minating removal proceedings or in can- (2) by inserting after subsection (e) the fol- retary of Homeland Security’’; celing the removal of an alien pursuant to lowing: (2) in subparagraph (A), by striking ‘‘De- the provisions of this Act, shall not be ‘‘(f)(1) If a person who has been naturalized partment of Justice,’’ and inserting ‘‘Depart- deemed binding in any way upon the Sec- participates in any act described in para- ment of Homeland Security,’’; retary of Homeland Security with respect to graph (2), the Attorney General is authorized (3) by amending subparagraph (C) to read the question of whether such person has es- to find that, as of the date of such natu- as follows: tablished his eligibility for naturalization as ralization, such person was not attached to ‘‘(C) AUTHORIZED DISCLOSURES.— required by this title;’’. the principles of the Constitution of the ‘‘(i) CENSUS PURPOSE.—The Secretary of (c) PENDING DENATURALIZATION OR RE- United States and was not well disposed to Homeland Security may provide, in his dis- MOVAL PROCEEDINGS.—Section 204(b) of the the good order and happiness of the United cretion, for the furnishing of information Immigration and Nationality Act (8 U.S.C. States at the time of naturalization, and furnished under this section in the same 1154(b)) is amended by adding at the end the upon such finding shall set aside the order manner and circumstances as census infor- following: ‘‘No petition shall be approved admitting such person to citizenship and mation may be disclosed under section 8 of pursuant to this section if there is any ad- cancel the certificate of naturalization as title 13, United States Code. ministrative or judicial proceeding (whether having been obtained by concealment of a ‘‘(ii) NATIONAL SECURITY PURPOSE.—The civil or criminal) pending against the peti- material fact or by willful misrepresenta- Secretary of Homeland Security may pro- tioner that could (whether directly or indi- tion, and such revocation and setting aside vide, in his discretion, for the furnishing, rectly) result in the petitioner’s of the order admitting such person to citi- use, publication, or release of information denaturalization or the loss of the peti- zenship and such canceling of certificate of furnished under this section in any inves- tioner’s lawful permanent resident status.’’. naturalization shall be effective as of the tigation, case, or matter, or for any purpose, (d) CONDITIONAL PERMANENT RESIDENTS.— original date of the order and certificate, re- relating to terrorism, national intelligence Sections 216(e) and section 216A(e) of the Im- spectively. or the national security.’’; and

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00070 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5173

(4) in subparagraph (D), striking ‘‘Service’’ ‘‘CONSTRUCTION CHAPTER 3—REMOVAL OF CRIMINAL and inserting ‘‘Department of Homeland Se- ‘‘SEC. 362. (a) IN GENERAL.—Nothing in this ALIENS curity’’. Act or any other law, except as provided in SEC. l41. DEFINITION OF AGGRAVATED FELONY SEC. l36. BACKGROUND AND SECURITY CHECKS. subsection (d), shall be construed to require AND CONVICTION. (a) REQUIREMENT TO COMPLETE BACK- the Secretary of Homeland Security, the At- (a) DEFINITION OF AGGRAVATED FELONY.— GROUND AND SECURITY CHECKS.—Section 103 torney General, the Secretary of State, the Section 101(a)(43) of the Immigration and Na- of the Immigration and Nationality Act (8 Secretary of Labor, or a consular officer to tionality Act (8 U.S.C. 1101(a)(43)) is amend- U.S.C. 1103) is amended by adding at the end grant any application, approve any petition, ed— the following: or grant or continue any relief, protection (1) by striking ‘‘The term ‘aggravated fel- ‘‘(h) Notwithstanding any other provision from removal, employment authorization, or ony’ means—’’ and inserting ‘‘Notwith- of law (statutory or nonstatutory), including any other status or benefit under the immi- standing any other provision of law, the but not limited to section 309 of Public Law gration laws by, to, or on behalf of— term ‘aggravated felony’ applies to an of- 107–173, sections 1361 and 1651 of title 28, ‘‘(1) any alien deemed by the Secretary to fense described in this paragraph, whether in United States Code, and section 706(1) of title be described in section 212(a)(3) or section violation of Federal or State law, or in viola- 5, United States Code, neither the Secretary 237(a)(4); or tion of the law of a foreign country for which of Homeland Security, the Attorney General, ‘‘(2) any alien with respect to whom a the term of imprisonment was completed nor any court may— criminal or other proceeding or investiga- within the previous 15 years, even if the ‘‘(1) grant, or order the grant of or adju- tion is open or pending (including, but not length of the term of imprisonment for the dication of an application for adjustment of limited to, issuance of an arrest warrant, de- offense is based on recidivist or other en- status to that of an alien lawfully admitted tainer, or indictment), where such pro- hancements and regardless of whether the for permanent residence; ceeding or investigation is deemed by the of- conviction was entered before, on, or after ‘‘(2) grant, or order the grant of or adju- ficial described in subsection (a) to be mate- September 30, 1996, and means—’’; dication of an application for United States rial to the alien’s eligibility for the status or (2) in subparagraph (A), by striking ‘‘mur- citizenship or any other status, relief, pro- benefit sought. der, rape, or sexual abuse of a minor;’’ and inserting ‘‘murder, manslaughter, homicide, tection from removal, employment author- ‘‘(b) DENIAL OR WITHHOLDING OF ADJUDICA- rape (whether the victim was conscious or ization, or other benefit under the immigra- TION.—An official described in subsection (a) tion laws; may, in the discretion of the official, deny unconscious), or any offense of a sexual na- ‘‘(3) grant, or order the grant of or adju- (with respect to an alien described in para- ture involving a victim under the age of 18 dication of, any immigrant or nonimmigrant graph (1) or (2) of subsection (a)) or withhold years;’’; petition; or adjudication of pending resolution of the in- (3) in subparagraph (I), by striking ‘‘or ‘‘(4) issue or order the issuance of any doc- vestigation or case (with respect to an alien 2252’’ and inserting ‘‘2252, or 2252A’’. umentation evidencing or related to any described in subsection (a)(2) of this section) (4) in subparagraph (F), by striking ‘‘at such grant, until such background and secu- any application, petition, relief, protection least one year;’’ and inserting ‘‘is at least rity checks as the Secretary may in his dis- from removal, employment authorization, one year, except that if the conviction cretion require have been completed or up- status or benefit. records do not conclusively establish wheth- er a crime constitutes a crime of violence, dated to the satisfaction of the Secretary. ‘‘(c) JURISDICTION.—Notwithstanding any the Attorney General may consider other ‘‘(i) Notwithstanding any other provision other provision of law (statutory or non- evidence related to the conviction that of law (statutory or nonstatutory), including statutory), including section 309 of the En- clearly establishes that the conduct for but not limited to section 309 of Public Law hanced Border Security and Visa Entry Re- which the alien was engaged constitutes a 107–173, sections 1361 and 1651 of title 28, form Act (8 U.S.C. 1738), sections 1361 and crime of violence;’’ United States Code, and section 706(1) of title 1651 of title 28, United States Code, and sec- (5) in subparagraph (N), by striking para- 5, United States Code, neither the Secretary tion 706(1) of title 5, United States Code, no graph ‘‘(1)(A) or (2) of’’; of Homeland Security nor the Attorney Gen- court shall have jurisdiction to review a de- (6) in subparagraph (O), by striking ‘‘sec- eral may be required to— cision to deny or withhold adjudication pur- tion 275(a) or 276 committed by an alien who ‘‘(1) grant, or order the grant of or adju- suant to subsection (b) of this section. was previously deported on the basis of a dication of an application for adjustment of ‘‘(d) WITHHOLDING OF REMOVAL AND TOR- status to that of an alien lawfully admitted conviction for an offense described in an- TURE CONVENTION.—This section does not other subparagraph of this paragraph’’ and for permanent residence, limit or modify the applicability of section ‘‘(2) grant, or order the grant of or adju- inserting ‘‘section 275 or 276 for which the 241(b)(3) or the United Nations Convention term of imprisonment is at least 1 year’’; dication of an application for United States Against Torture and Other Cruel, Inhuman citizenship or any other status, relief, pro- (7) in subparagraph (U), by striking ‘‘an at- or Degrading Treatment or Punishment, sub- tempt or conspiracy to commit an offense tection from removal, employment author- ject to any reservations, understandings, ization, or other benefit under the immigra- described in this paragraph’’ and inserting declarations and provisos contained in the ‘‘attempting or conspiring to commit an of- tion laws, United States Senate resolution of ratifica- ‘‘(3) grant, or order the grant of or adju- fense described in this paragraph, or aiding, tion of the Convention, as implemented by abetting, counseling, procuring, com- dication of, any immigrant or nonimmigrant section 2242 of the Foreign Affairs Reform petition, or manding, inducing, or soliciting the commis- and Restructuring Act of 1998 (Public Law sion of such an offense.’’; and ‘‘(4) issue or order the issuance of any doc- 105–277) with respect to an alien otherwise el- umentation evidencing or related to any (8) by striking the undesignated matter igible for protection under such provisions.’’. following subparagraph (U). such grant, until any suspected or alleged (2) CLERICAL AMENDMENT.—The table of materially false information, material mis- (b) DEFINITION OF CONVICTION.—Section contents for such Act is amended by insert- 101(a)(48) of such Act (8 U.S.C. 1101(a)(48)) is representation or omission, concealment of a ing after the item relating to section 361 the material fact, fraud or forgery, counter- amended by adding at the end the following: following: ‘‘(C) Any reversal, vacatur, expungement, feiting, or alteration, or falsification of a ‘‘362. Construction.’’. or modification to a conviction, sentence, or document, as determined by the Secretary, conviction record that was granted to ame- (c) EFFECTIVE DATE.—The amendments relating to the adjudication of an applica- liorate the consequences of the conviction, made by this section shall take effect on the tion or petition for any status (including the sentence, or conviction record, or was grant- granting of adjustment of status), relief, pro- date of the enactment of this Act and shall ed for rehabilitative purposes, or for failure tection from removal, or other benefit under apply to applications for immigration bene- to advise the alien of the immigration con- this subsection has been investigated and re- fits pending on or after such date. sequences of a determination of guilt or of a solved to the Secretary’s satisfaction. SEC. l37. TECHNICAL AMENDMENTS RELATING guilty plea (except in the case of a guilty ‘‘(j) Notwithstanding any other provision TO THE INTELLIGENCE REFORM plea that was made on or after March 31, of law (statutory or nonstatutory), including AND TERRORISM PREVENTION ACT 2010, shall have no effect on the immigration section 309 of the Enhanced Border Security OF 2004. consequences resulting from the original and Visa Entry Reform Act (8 U.S.C. 1738), (a) TRANSIT WITHOUT VISA PROGRAM.—Sec- conviction. The alien shall have the burden sections 1361 and 1651 of title 28, United tion 7209(d) of the Intelligence Reform and of demonstrating that any reversal, vacatur, States Code, and section 706(1) of title 5, Terrorism Prevention Act of 2004 (8 U.S.C. expungement, or modification was not grant- United States Code, no court shall have ju- 1185 note) is amended by striking ‘‘the Sec- ed to ameliorate the consequences of the risdiction to require any of the acts in sub- retary, in conjunction with the Secretary of conviction, sentence, or conviction record, section (h) or (i) to be completed by a certain Homeland Security,’’ and inserting ‘‘the Sec- for rehabilitative purposes, or for failure to time or award any relief for failure to com- retary of Homeland Security, in consultation advise the alien of the immigration con- plete or delay in completing such acts.’’. with the Secretary of State,’’. sequences of a determination of guilt or of a (b) CONSTRUCTION.— (b) TECHNOLOGY ACQUISITION AND DISSEMI- guilty plea (except in the case of a guilty (1) IN GENERAL.—Chapter 4 of title III of NATION PLAN.—Section 7201(c)(1) of such Act plea that was made on or after March 31, the Immigration and Nationality Act (8 is amended by inserting ‘‘and the Depart- 2010), except where the alien establishes a U.S.C. 1501 et seq.) is amended by adding at ment of State’’ after ‘‘used by the Depart- pardon consistent with section the end the following: ment of Homeland Security’’. 237(a)(2)(A)(vi).’’.

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00071 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5174 CONGRESSIONAL RECORD — SENATE June 25, 2013

(c) EFFECTIVE DATE; APPLICATION OF iting with or has cohabited with the person ing to social security account numbers or so- AMENDMENTS.— as a spouse, by an individual similarly situ- cial security cards) or section 1028 of title 18, (1) IN GENERAL.—The amendments made by ated to a spouse of the person under the do- United States Code (relating to fraud and re- subsection (a)— mestic or family violence laws of the juris- lated activity in connection with identifica- (A) shall take effect on the date of the en- diction where the offense occurs, or by any tion) is deportable.’’. actment of this Act; and other individual against a person who is pro- (d) EFFECTIVE DATE.—The amendments (B) shall apply to any act or conviction tected from that individual’s acts under the made by this section shall apply— that occurred before, on, or after such date. domestic or family violence laws of the (1) to any act that occurred before, on, or (2) APPLICATION OF IIRIRA AMENDMENTS.— United States or any State, Indian tribal after the date of the enactment of this Act; The amendments to section 101(a)(43) of the government, or unit of local or foreign gov- and Immigration and Nationality Act (8 U.S.C. ernment. (2) to all aliens who are required to estab- 1101(a)(43)) made by section 321 of the Illegal ‘‘(ii) VIOLATORS OF PROTECTION ORDERS.— lish admissibility on or after such date, and Immigration Reform and Immigrant Respon- Any alien who at any time is enjoined under in all removal, deportation, or exclusion pro- sibility Act of 1996 (division C of Public Law a protection order issued by a court and ceedings that are filed, pending, or reopened, 104-208; 110 Stat. 3009-627) shall continue to whom the court determines has engaged in on or after such date. apply, whether the conviction was entered conduct that violates the portion of a protec- (e) CONSTRUCTION.—The amendments made before, on, or after September 30, 1996. tion order that involves protection against by subsection (a) shall not be construed to SEC. l42. PRECLUDING ADMISSIBILITY OF credible threats of violence, repeated harass- create eligibility for relief from removal ALIENS CONVICTED OF AGGRA- ment, or bodily injury to the person or per- under former section 212(c) of the Immigra- VATED FELONIES OR OTHER SERI- sons for whom the protection order was tion and Nationality Act where such eligi- OUS OFFENSES. issued is inadmissible. For purposes of this bility did not exist before these amendments (a) INADMISSIBILITY ON CRIMINAL AND RE- clause, the term ‘protection order’ means became effective. LATED GROUNDS; WAIVERS.—Section 212 of any injunction issued for the purpose of pre- the Immigration and Nationality Act (8 SEC. l43. ESPIONAGE CLARIFICATION. venting violent or threatening acts of domes- Section 212(a)(3)(A) of the Immigration and U.S.C. 1182) is amended— tic violence, including temporary or final or- Nationality Act (8 U.S.C. 1182(a)(3)(A)), is (1) in subparagraph (a)(2)(A)(i)— ders issued by civil or criminal courts (other amended to read as follows: (A) in subclause (I), by striking ‘‘or’’ at the than support or child custody orders or pro- ‘‘(A) Any alien who a consular officer, the end; visions) whether obtained by filing an inde- Attorney General, or the Secretary of Home- (B) in subclause (II), by adding ‘‘or’’ at the pendent action or as a independent order in land Security knows, or has reasonable end; and another proceeding. ground to believe, seeks to enter the United (C) by inserting after subclause (II) the fol- ‘‘(iii) WAIVER AUTHORIZED.—The waiver au- States to engage solely, principally, or inci- lowing: thority available under section 237(a)(7) with dentally in, or who is engaged in, or with re- ‘‘(III) a violation of (or a conspiracy or at- respect to section 237(a)(2)(E)(i) shall be spect to clauses (i) and (iii) of this subpara- tempt to violate) an offense described in sec- available on a comparable basis with respect graph has engaged in— tion 408 of title 42, United States Code (relat- to this subparagraph. ‘‘(i) any activity— ing to social security account numbers or so- ‘‘(iv) CLARIFICATION.—If the conviction ‘‘(I) to violate any law of the United States cial security cards) or section 1028 of title 18, records do not conclusively establish wheth- relating to espionage or sabotage; or United States Code (relating to fraud and re- er a crime of domestic violence constitutes a ‘‘(II) to violate or evade any law prohib- lated activity in connection with identifica- crime of violence (as defined in section 16 of iting the export from the United States of tion documents, authentication features, and title 18, United States Code), the Attorney goods, technology, or sensitive information; information);’’. General may consider other evidence related ‘‘(ii) any other unlawful activity; or (2) by adding at the end of subsection (a)(2) to the conviction that clearly establishes ‘‘(iii) any activity a purpose of which is the the following : that the conduct for which the alien was en- opposition to, or the control or overthrow of, ‘‘(J) PROCUREMENT OF CITIZENSHIP OR NATU- gaged constitutes a crime of violence.’’; and the Government of the United States by RALIZATION UNLAWFULLY.—Any alien con- (3) in subsection (h)— force, violence, or other unlawful means; victed of, or who admits having committed, (A) by striking ‘‘The Attorney General or who admits committing acts which con- may, in his discretion, waive the application is inadmissible.’’. stitute the essential elements of, a violation of subparagraphs (A)(i)(I), (B), (D), and (E) of SEC. l44. UNIFORM STATUTE OF LIMITATIONS of, or an attempt or a conspiracy to violate, subsection (a)(2)’’ and inserting ‘‘The Attor- FOR CERTAIN IMMIGRATION, NATU- subsection (a) or (b) of section 1425 of title 18, ney General or the Secretary of Homeland RALIZATION, AND PEONAGE OF- United States Code (relating to the procure- Security may, in the discretion of the Attor- FENSES. ment of citizenship or naturalization unlaw- ney General or the Secretary, waive the ap- Section 3291 of title 18, United States Code, fully) is inadmissible. plication of subparagraphs (A)(i)(I), (III), (B), is amended by striking ‘‘No person’’ through ‘‘(K) CERTAIN FIREARM OFFENSES.—Any (D), (E), (K), and (M) of subsection (a)(2)’’; the period at the end and inserting the fol- alien who at any time has been convicted (B) by striking ‘‘a criminal act involving lowing: ‘‘No person shall be prosecuted, under any law of, or who admits having com- torture.’’ and inserting ‘‘a criminal act in- tried, or punished for a violation of any sec- mitted or admits committing acts which volving torture, or has been convicted of an tion of chapters 69 (relating to nationality constitute the essential elements of, pur- aggravated felony.’’; and citizenship offenses) and 75 (relating to chasing, selling, offering for sale, exchang- (C) by striking ‘‘if either since the date of passport, visa, and immigration offenses), or ing, using, owning, possessing, or carrying, such admission the alien has been convicted for a violation of any criminal provision of or of attempting or conspiring to purchase, of an aggravated felony or the alien’’ and in- sections 243, 266, 274, 275, 276, 277, or 278 of the sell, offer for sale, exchange, use, own, pos- serting ‘‘if since the date of such admission Immigration and Nationality Act, or for an sess, or carry, any weapon, part, or accessory the alien’’; and attempt or conspiracy to violate any such which is a firearm or destructive device (as (D) by inserting ‘‘or Secretary of Homeland section, unless the indictment is returned or defined in section 921(a) of title 18, United Security’’ after ‘‘the Attorney General’’ the information is filed within ten years States Code) in violation of any law is inad- wherever that phrase appears. after the commission of the offense.’’. missible. (b) DEPORTABILITY; CRIMINAL OFFENSES.— SEC. l45. CONFORMING AMENDMENT TO THE ‘‘(L) AGGRAVATED FELONS.—Any alien who Section 237(a)(3)(B) of the Immigration and DEFINITION OF RACKETEERING AC- has been convicted of an aggravated felony Nationality Act (8 U.S.C. 1227(a)(3)(B)) is TIVITY. at any time is inadmissible. amended— Section 1961(1) of title 18, United States ‘‘(M) CRIMES OF DOMESTIC VIOLENCE, STALK- (1) in clause (ii), by striking ‘‘or’’ at the Code, is amended by striking ‘‘section 1542’’ ING, OR VIOLATION OF PROTECTION ORDERS, end; through ‘‘section 1546 (relating to fraud and CRIMES AGAINST CHILDREN.— (2) in clause (iii), by inserting ‘‘or’’ at the misuse of visas, permits, and other docu- ‘‘(i) DOMESTIC VIOLENCE, STALKING, AND end; and ments)’’ and inserting ‘‘sections 1541-1548 (re- CHILD ABUSE.—Any alien who at any time is (3) by inserting after clause (iii) the fol- lating to passports and visas)’’. convicted of, or who admits having com- lowing: SEC. l46. CONFORMING AMENDMENTS FOR THE mitted or admits committing acts which ‘‘(iv) of a violation of, or an attempt or a AGGRAVATED FELONY DEFINITION. constitute the essential elements of, a crime conspiracy to violate, section 1425(a) or (b) of (a) IN GENERAL.—Subparagraph (P) of sec- of domestic violence, a crime of stalking, or Title 18 (relating to the procurement of citi- tion 101(a)(43) of the Immigration and Na- a crime of child abuse, child neglect, or child zenship or naturalization unlawfully),’’. tionality Act (8 U.S.C. 1101(a)(43)) is amend- abandonment is inadmissible. For purposes (c) DEPORTABILITY; CRIMINAL OFFENSES.— ed— of this clause, the term ‘crime of domestic Section 237(a)(2) of the Immigration and Na- (1) by striking ‘‘(i) which either is falsely violence’ means any crime of violence (as de- tionality Act (8 U.S.C. 1227(a)(2)) is amended making, forging, counterfeiting, mutilating, fined in section 16 of title 18, United States by adding at the end the following: or altering a passport or instrument in viola- Code) against a person committed by a cur- ‘‘(G) Any alien who at any time after ad- tion of section 1543 of title 18, United States rent or former spouse of the person, by an in- mission has been convicted of a violation of Code, or is described in section 1546(a) of dividual with whom the person shares a child (or a conspiracy or attempt to violate) sec- such title (relating to document fraud) and in common, by an individual who is cohab- tion 408 of title 42, United States Code (relat- (ii)’’ and inserting ‘‘which is described in any

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00072 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5175 section of chapter 75 of title 18, United moval order, or to fully cooperate with the whether the alien should be detained or re- States Code,’’; and Secretary’s efforts to establish the alien’s leased on conditions. The Secretary shall (2) by inserting after ‘‘first offense’’ the identity and carry out the removal order, in- make a determination whether to release an following: ‘‘(i) that is not described in sec- cluding making timely application in good alien after the removal period in accordance tion 1548 of such title (relating to increased faith for travel or other documents nec- with subparagraph (B). The determination penalties), and (ii)’’. essary to the alien’s departure or conspires shall include consideration of any evidence (b) EFFECTIVE DATE.—The amendment or acts to prevent the alien’s removal that is submitted by the alien, and may include con- made by subsection (a) shall take effect on subject to an order of removal; sideration of any other evidence, including the date of the enactment of this Act and ‘‘(II) a court, the Board of Immigration Ap- any information or assistance provided by shall apply to acts that occur before, on, or peals, or an immigration judge orders a stay the Secretary of State or other Federal offi- after the date of the enactment of this Act. of removal of an alien who is subject to an cial and any other information available to SEC. l47. PRECLUDING REFUGEE OR ASYLEE AD- administratively final order of removal; the Secretary of Homeland Security per- JUSTMENT OF STATUS FOR AGGRA- ‘‘(III) the Secretary transfers custody of taining to the ability to remove the alien. VATED FELONS. the alien pursuant to law to another Federal ‘‘(B) AUTHORITY TO DETAIN BEYOND RE- (a) IN GENERAL.—Section 209(c) of the Im- agency or a State or local government agen- MOVAL PERIOD.— migration and Nationality Act (8 U.S.C. cy in connection with the official duties of ‘‘(i) IN GENERAL.—The Secretary of Home- 1159(c)) is amended by adding at the end such agency; or land Security, in the exercise of the Sec- thereof the following: ‘‘However, an alien ‘‘(IV) a court or the Board of Immigration retary’s sole discretion, may continue to de- who is convicted of an aggravated felony is Appeals orders a remand to an immigration tain an alien for 90 days beyond the removal not eligible for a waiver or for adjustment of judge or the Board of Immigration Appeals, period (including any extension of the re- status under this section.’’. during the time period when the case is moval period as provided in paragraph (b) EFFECTIVE DATE.—The amendment pending a decision on remand (with the re- (1)(C)). An alien whose detention is extended made by subsection (a) shall apply— moval period beginning anew on the date under this subparagraph shall have no right (1) to any act that occurred before, on, or that the alien is ordered removed on re- to seek release on bond. after the date of the enactment of this Act; mand). ‘‘(ii) SPECIFIC CIRCUMSTANCES.—The Sec- and ‘‘(ii) RENEWAL.—If the removal period has retary of Homeland Security, in the exercise (2) to all aliens who are required to estab- been extended under clause (C)(i), a new re- of the Secretary’s sole discretion, may con- lish admissibility on or after such date, and moval period shall be deemed to have begun tinue to detain an alien beyond the 90 days in all removal, deportation, or exclusion pro- on the date— authorized in clause (i)— ceedings that are filed, pending, or reopened, ‘‘(I) the alien makes all reasonable efforts ‘‘(I) until the alien is removed, if the Sec- on or after such date. to comply with the removal order, or to fully retary, in the Secretary’s sole discretion, de- cooperate with the Secretary’s efforts to es- termines that there is a significant likeli- SEC. l48. INADMISSIBILITY AND DEPORTABILITY OF DRUNK DRIVERS. tablish the alien’s identity and carry out the hood that the alien— removal order; ‘‘(aa) will be removed in the reasonably (a) IN GENERAL.—Section 101(a)(43) of the ‘‘(II) the stay of removal is no longer in ef- foreseeable future; or Immigration and Nationality Act (8 U.S.C. fect; or ‘‘(bb) would be removed in the reasonably 1101(a)(43)) is amended— ‘‘(III) the alien is returned to the custody foreseeable future, or would have been re- (1) in subparagraph (T), by striking ‘‘and’’; of the Secretary. moved, but for the alien’s failure or refusal (2) in subparagraph (U); by striking the pe- ‘‘(iii) MANDATORY DETENTION FOR CERTAIN to make all reasonable efforts to comply riod at the end and inserting ‘‘; and’’; and ALIENS.—In the case of an alien described in with the removal order, or to cooperate fully (3) by inserting after subparagraph (U) the subparagraphs (A) through (D) of section with the Secretary’s efforts to establish the following:. 236(c)(1), the Secretary shall keep that alien alien’s identity and carry out the removal ‘‘(V) A second conviction for driving while in detention during the extended period de- order, including making timely application intoxicated (including a conviction for driv- scribed in clause (i). in good faith for travel or other documents ing while under the influence of or impaired ‘‘(iv) SOLE FORM OF RELIEF.—An alien may necessary to the alien’s departure, or con- by alcohol or drugs) without regard to seek relief from detention under this sub- spires or acts to prevent removal; whether the conviction is classified as a mis- paragraph only by filing an application for a ‘‘(II) until the alien is removed, if the Sec- demeanor or felony under State law.’’. writ of habeas corpus in accordance with retary of Homeland Security certifies in (b) EFFECTIVE DATE.—The amendments chapter 153 of title 28, United States Code. writing— made by subsection (a) shall take effect on No alien whose period of detention is ex- ‘‘(aa) in consultation with the Secretary of the date of the enactment of this Act and tended under this subparagraph shall have Health and Human Services, that the alien apply to convictions entered on or after such the right to seek release on bond.’’; has a highly contagious disease that poses a date. (4) in paragraph (3)— threat to public safety; SEC. l49. DETENTION OF DANGEROUS ALIENS. (A) by adding after ‘‘If the alien does not ‘‘(bb) after receipt of a written rec- (a) IN GENERAL.—Section 241(a) of the Im- leave or is not removed within the removal ommendation from the Secretary of State, migration and Nationality Act (8 U.S.C. period’’ the following: ‘‘or is not detained that release of the alien is likely to have se- 1231(a)) is amended— pursuant to paragraph (6) of this sub- rious adverse foreign policy consequences for (1) by striking ‘‘Attorney General’’ each section’’; and the United States; place it appears, except for the first ref- (B) by striking subparagraph (D) and in- ‘‘(cc) based on information available to the erence in paragraph (4)(B)(i), and inserting serting the following: Secretary of Homeland Security (including ‘‘Secretary of Homeland Security’’; ‘‘(D) to obey reasonable restrictions on the classified, sensitive, or national security in- (2) in paragraph (1), by amending subpara- alien’s conduct or activities that the Sec- formation, and without regard to the graph (B) to read as follows: retary prescribes for the alien, in order to grounds upon which the alien was ordered re- ‘‘(B) BEGINNING OF PERIOD.—The removal prevent the alien from absconding, for the moved), that there is reason to believe that period begins on the latest of the following: protection of the community, or for other the release of the alien would threaten the ‘‘(i) The date the order of removal becomes purposes related to the enforcement of the national security of the United States; or administratively final. immigration laws.’’; ‘‘(dd) that the release of the alien will ‘‘(ii) If the alien is not in the custody of (5) in paragraph (4)(A), by striking ‘‘para- threaten the safety of the community or any the Secretary on the date the order of re- graph (2)’’ and inserting ‘‘subparagraph (B)’’; person, conditions of release cannot reason- moval becomes administratively final, the and ably be expected to ensure the safety of the date the alien is taken into such custody. (6) by striking paragraph (6) and inserting community or any person, and either (AA) ‘‘(iii) If the alien is detained or confined the following: the alien has been convicted of one or more (except under an immigration process) on ‘‘(6) ADDITIONAL RULES FOR DETENTION OR aggravated felonies (as defined in section the date the order of removal becomes ad- RELEASE OF CERTAIN ALIENS.— 101(a)(43)(A)) or of one or more crimes identi- ministratively final, the date the alien is ‘‘(A) DETENTION REVIEW PROCESS FOR COOP- fied by the Secretary of Homeland Security taken into the custody of the Secretary, ERATIVE ALIENS ESTABLISHED.—For an alien by regulation, or of one or more attempts or after the alien is released from such deten- who is not otherwise subject to mandatory conspiracies to commit any such aggravated tion or confinement.’’; detention, who has made all reasonable ef- felonies or such identified crimes, if the ag- (3) in paragraph (1), by amending subpara- forts to comply with a removal order and to gregate term of imprisonment for such at- graph (C) to read as follows: cooperate fully with the Secretary of Home- tempts or conspiracies is at least 5 years; or ‘‘(C) SUSPENSION OF PERIOD.— land Security’s efforts to establish the (BB) the alien has committed one or more ‘‘(i) EXTENSION.—The removal period shall alien’s identity and carry out the removal crimes of violence (as defined in section 16 of be extended beyond a period of 90 days and order, including making timely application title 18, United States Code, but not includ- the Secretary may, in the Secretary’s sole in good faith for travel or other documents ing a purely political offense) and, because of discretion, keep the alien in detention dur- necessary to the alien’s departure, and who a mental condition or personality disorder ing such extended period if— has not conspired or acted to prevent re- and behavior associated with that condition ‘‘(I) the alien fails or refuses to make all moval, the Secretary shall establish an ad- or disorder, the alien is likely to engage in reasonable efforts to comply with the re- ministrative review process to determine acts of violence in the future; or

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00073 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5176 CONGRESSIONAL RECORD — SENATE June 25, 2013

‘‘(III) pending a certification under sub- ‘‘(1) IN GENERAL.—Notwithstanding any migration and Nationality Act, as so amend- clause (II), so long as the Secretary of Home- other provision of this section, an alien may ed, shall in addition apply to— land Security has initiated the administra- be detained under this section for any period, (A) all aliens subject to a final administra- tive review process not later than 30 days without limitation, except as provided in tive removal, deportation, or exclusion order after the expiration of the removal period subsection (h), until the alien is subject to a that was issued before, on, or after the date (including any extension of the removal pe- final order of removal. of the enactment of this Act; and riod, as provided in paragraph (1)(C)). ‘‘(2) CONSTRUCTION.—The length of deten- (B) acts and conditions occurring or exist- ‘‘(iii) NO RIGHT TO BOND HEARING.—An alien tion under this section shall not affect de- ing before, on, or after such date. whose detention is extended under this sub- tention under section 241.’’. (2) The amendments made by subsection paragraph shall have no right to seek release (3) DETENTION OF CRIMINAL ALIENS.—Sec- (b) shall take effect upon the date of the en- on bond, including by reason of a certifi- tion 236(c)(1) of the Immigration and Nation- actment of this Act, and section 236 of the cation under clause (ii)(II). ality Act (8 U.S.C. 1226(c)(1)) is amended, in Immigration and Nationality Act, as so ‘‘(C) RENEWAL AND DELEGATION OF CERTIFI- the matter following subparagraph (D) to amended, shall in addition apply to any alien CATION.— read as follows: in detention under provisions of such section ‘‘(i) RENEWAL.—The Secretary of Homeland ‘‘any time after the alien is released, with- on or after such date. Security may renew a certification under out regard to whether an alien is released re- SEC. l50. GROUNDS OF INADMISSIBILITY AND subparagraph (B)(ii)(II) every 6 months, after lated to any activity, offense, or conviction DEPORTABILITY FOR ALIEN GANG providing an opportunity for the alien to re- described in this paragraph; to whether the MEMBERS. quest reconsideration of the certification alien is released on parole, supervised re- (a) DEFINITION OF GANG MEMBER.—Section and to submit documents or other evidence lease, or probation; or to whether the alien 101(a) of the Immigration and Nationality in support of that request. If the Secretary may be arrested or imprisoned again for the Act (8 U.S.C. 1101(a)) is amended by adding at does not renew a certification, the Secretary same offense. If the activity described in this the end the following: ‘‘(53)(A) The term ‘criminal gang’ means an may not continue to detain the alien under paragraph does not result in the alien being ongoing group, club, organization, or asso- subparagraph (B)(ii)(II). taken into custody by any person other than ciation of 5 or more persons that has as one ‘‘(ii) DELEGATION.—Notwithstanding sec- the Secretary, then when the alien is of its primary purposes the commission of 1 tion 103, the Secretary of Homeland Security brought to the attention of the Secretary or may not delegate the authority to make or or more of the following criminal offenses when the Secretary determines it is prac- and the members of which engage, or have renew a certification described in item (bb), tical to take such alien into custody, the (cc), or (dd) of subparagraph (B)(ii)(II) below engaged within the past 5 years, in a con- Secretary shall take such alien into cus- tinuing series of such offenses, or that has the level of the Assistant Secretary for Im- tody.’’. migration and Customs Enforcement. been designated as a criminal gang by the (4) ADMINISTRATIVE REVIEW.—Section 236 of Secretary of Homeland Security, in con- ‘‘(iii) HEARING.—The Secretary of Home- the Immigration and Nationality Act (8 sultation with the Attorney General, as land Security may request that the Attorney U.S.C. 1226), as amended by paragraph (2), is General or the Attorney General’s designee meeting these criteria. The offenses de- further amended by adding at the end the scribed, whether in violation of Federal or provide for a hearing to make the determina- following: State law or foreign law and regardless of tion described in item (dd)(BB) of subpara- ‘‘(g) ADMINISTRATIVE REVIEW.— whether the offenses occurred before, on, or graph (B)(ii)(II). ‘‘(1) IN GENERAL.—The Attorney General’s after the date of the enactment of this para- ‘‘(D) RELEASE ON CONDITIONS.—If it is deter- review of the Secretary’s custody determina- graph, are the following: mined that an alien should be released from tions under subsection (a) for the following ‘‘(i) A ‘felony drug offense’ (as defined in detention by a Federal court, the Board of classes of aliens shall be limited to whether section 102 of the Controlled Substances Act Immigration Appeals, or if an immigration the alien may be detained, released on bond (21 U.S.C. 802)). judge orders a stay of removal, the Secretary (of at least $1,500 with security approved by ‘‘(ii) An offense under section 274 (relating of Homeland Security, in the exercise of the the Secretary), or released with no bond: to bringing in and harboring certain aliens), Secretary’s discretion, may impose condi- ‘‘(A) Aliens in exclusion proceedings. section 277 (relating to aiding or assisting tions on release as provided in paragraph (3). ‘‘(B) Aliens described in section 212(a)(3) or certain aliens to enter the United States), or ‘‘(E) REDETENTION.—The Secretary of 237(a)(4). section 278 (relating to importation of alien Homeland Security, in the exercise of the ‘‘(C) Aliens described in subsection (c). for immoral purpose). Secretary’s discretion, without any limita- ‘‘(2) SPECIAL RULE.—The Attorney Gen- ‘‘(iii) A crime of violence (as defined in sec- tions other than those specified in this sec- eral’s review of the Secretary’s custody de- tion 16 of title 18, United States Code). tion, may again detain any alien subject to terminations under subsection (a) for aliens ‘‘(iv) A crime involving obstruction of jus- a final removal order who is released from in deportation proceedings subject to section tice, tampering with or retaliating against a custody, if removal becomes likely in the 242(a)(2) of the Act (as in effect prior to April witness, victim, or informant, or burglary. reasonably foreseeable future, the alien fails 1, 1997, and as amended by section 440(c) of ‘‘(v) Any conduct punishable under sec- to comply with the conditions of release, or Public Law 104–132) shall be limited to a de- tions 1028 and 1029 of title 18, United States to continue to satisfy the conditions de- termination of whether the alien is properly Code (relating to fraud and related activity scribed in subparagraph (A), or if, upon re- included in such category. in connection with identification documents consideration, the Secretary, in the Sec- ‘‘(h) RELEASE ON BOND.— or access devices), sections 1581 through 1594 retary’s sole discretion, determines that the ‘‘(1) IN GENERAL.—An alien detained under of such title (relating to peonage, slavery alien can be detained under subparagraph subsection (a) may seek release on bond. No and trafficking in persons), section 1952 of (B). This section shall apply to any alien re- bond may be granted except to an alien who such title (relating to interstate and foreign turned to custody pursuant to this subpara- establishes by clear and convincing evidence travel or transportation in aid of racket- graph, as if the removal period terminated that the alien is not a flight risk or a risk to eering enterprises), section 1956 of such title on the day of the redetention. another person or the community. (relating to the laundering of monetary in- ‘‘(F) REVIEW OF DETERMINATIONS BY SEC- ‘‘(2) CERTAIN ALIENS INELIGIBLE.—No alien struments), section 1957 of such title (relat- RETARY.—A determination by the Secretary detained under subsection (c) may seek re- ing to engaging in monetary transactions in under this paragraph shall not be subject to lease on bond.’’. property derived from specified unlawful ac- review by any other agency.’’. (5) CLERICAL AMENDMENTS.—(A) Section tivity), or sections 2312 through 2315 of such (b) DETENTION OF ALIENS DURING REMOVAL 236(a)(2)(B) of the Immigration and Nation- title (relating to interstate transportation of PROCEEDINGS.— ality Act (8 U.S.C. 1226(a)(2)(B)) is amended stolen motor vehicles or stolen property). (1) CLERICAL AMENDMENT.—(A) Section 236 by striking ‘‘conditional parole’’ and insert- ‘‘(vi) A conspiracy to commit an offense of the Immigration and Nationality Act (8 ing ‘‘recognizance’’. described in clauses (i) through (v). U.S.C. 1226) is amended by striking ‘‘Attor- (B) Section 236(b) of such Act (8 U.S.C. ‘‘(B) Notwithstanding any other provision ney General’’ each place it appears (except in 1226(b)) is amended by striking ‘‘parole’’ and of law (including any effective date), the the second place that term appears in sec- inserting ‘‘recognizance’’. term applies regardless of whether the con- tion 236(a)) and inserting ‘‘Secretary of (c) SEVERABILITY.—If any of the provisions duct occurred before, on, or after the date of Homeland Security’’. of this section or any amendment by this the enactment of this paragraph.’’. (B) Section 236(a) of such Act (8 U.S.C. section, or the application of any such provi- (b) INADMISSIBILITY.—Section 212(a)(2) of 1226(a)) is amended by inserting ‘‘the Sec- sion to any person or circumstance, is held such Act (8 U.S.C. 1182(a)(2)), as amended by retary of Homeland Security or’’ before ‘‘the to be invalid for any reason, the remainder section 302(a)(2) of this Act, is further Attorney General—’’. of this section and of amendments made by amended by adding at the end the following: (C) Section 236(e) of such Act (8 U.S.C. this section, and the application of the provi- ‘‘(N) ALIENS ASSOCIATED WITH CRIMINAL 1226(e)) is amended by striking ‘‘Attorney sions and of the amendments made by this GANGS.—Any alien is inadmissible who a con- General’s’’ and inserting ‘‘Secretary of section to any other person or circumstance sular officer, the Secretary of Homeland Se- Homeland Security’s’’. shall not be affected by such holding. curity, or the Attorney General knows or has (2) LENGTH OF DETENTION.—Section 236 of (d) EFFECTIVE DATES.— reason to believe— such Act (8 U.S.C. 1226) is amended by adding (1) The amendments made by subsection ‘‘(i) to be or to have been a member of a at the end the following: (a) shall take effect upon the date of enact- criminal gang (as defined in section ‘‘(f) LENGTH OF DETENTION.— ment of this Act, and section 241 of the Im- 101(a)(53)); or

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00074 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5177 ‘‘(ii) to have participated in the activities (C) by inserting after clause (v) the fol- ‘‘(A) facilitates, encourages, directs, or in- of a criminal gang (as defined in section lowing: duces a person to come to or enter the 101(a)(53)), knowing or having reason to ‘‘(vi) the alien is described in section United States, or to cross the border to the know that such activities will promote, fur- 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) (relat- United States, knowing or in reckless dis- ther, aid, or support the illegal activity of ing to participation in criminal street regard of the fact that such person is an the criminal gang.’’. gangs); or’’. alien who lacks lawful authority to come to, (c) DEPORTABILITY.—Section 237(a)(2) of the (g) TEMPORARY PROTECTED STATUS.—Sec- enter, or cross the border to the United Immigration and Nationality Act (8 U.S.C. tion 244 of such Act (8 U.S.C. 1254a) is amend- States; 1227(a)(2)), as amended by section 302(c) of ed— ‘‘(B) facilitates, encourages, directs, or in- this Act, is further amended by adding at the (1) by striking ‘‘Attorney General’’ each duces a person to come to or enter the end the following: place it appears and inserting ‘‘Secretary of United States, or to cross the border to the ‘‘(H) ALIENS ASSOCIATED WITH CRIMINAL Homeland Security’’; United States, at a place other than a des- GANGS.—Any alien is deportable who the Sec- (2) in subparagraph (c)(2)(B), by adding at ignated port of entry or place other than as retary of Homeland Security or the Attorney the end the following: designated by the Secretary of Homeland Se- General knows or has reason to believe— ‘‘(iii) the alien is, or at any time after ad- curity, knowing or in reckless disregard of ‘‘(i) is or has been a member of a criminal mission has been, a member of a criminal the fact that such person is an alien and re- gang (as defined in section 101(a)(53)); or gang (as defined in section 101(a)(53)).’’; and gardless of whether such alien has official ‘‘(ii) has participated in the activities of a (3) in subsection (d)—— permission or lawful authority to be in the criminal gang (as so defined), knowing or (A) by striking paragraph (3); and United States; having reason to know that such activities (B) in paragraph (4), by adding at the end ‘‘(C) transports, moves, harbors, conceals, will promote, further, aid, or support the il- the following: ‘‘The Secretary of Homeland or shields from detection a person outside of legal activity of the criminal gang.’’. Security may detain an alien provided tem- the United States knowing or in reckless dis- (d) DESIGNATION.— porary protected status under this section regard of the fact that such person is an (1) IN GENERAL.—Chapter 2 of title II of the whenever appropriate under any other provi- alien in unlawful transit from one country to Immigration and Nationality Act (8 U.S.C. sion of law.’’. another or on the high seas, under cir- 1182) is amended by inserting after section (h) EFFECTIVE DATE.—The amendments cumstances in which the alien is seeking to 219 the following: made by this section shall take effect on the enter the United States without official per- ‘‘DESIGNATION date of the enactment of this Act and shall mission or lawful authority; ‘‘(D) encourages or induces a person to re- ‘‘SEC. 220. (a) IN GENERAL.—The Secretary apply to acts that occur before, on, or after side in the United States, knowing or in of Homeland Security, in consultation with the date of the enactment of this Act. reckless disregard of the fact that such per- the Attorney General, and the Secretary of SEC. l51. LAUNDERING OF MONETARY INSTRU- son is an alien who lacks lawful authority to State may designate a groups or association MENTS. (a) ADDITIONAL PREDICATE OFFENSES.—Sec- reside in the United States; as a criminal street gangs if their conduct is tion 1956(c)(7)(D) of title 18, United States ‘‘(E) transports or moves a person in the described in section 101(a)(53) or if the group Code, is amended— United States, knowing or in reckless dis- or association conduct poses a significant (1) by inserting ‘‘section 1590 (relating to regard of the fact that such person is an risk that threatens the security and the pub- trafficking with respect to peonage, slavery, alien who lacks lawful authority to enter or lic safety of United States nationals or the involuntary servitude, or forced labor),’’ be in the United States, if the transportation national security, homeland security, for- after ‘‘section 1363 (relating to destruction of or movement will further the alien’s illegal eign policy, or economy of the United States. property within the special maritime and entry into or illegal presence in the United ‘‘(b) EFFECTIVE DATE.—Designations under States; subsection (a) shall remain in effect until territorial jurisdiction),’’; and ‘‘(F) harbors, conceals, or shields from de- the designation is revoked after consultation (2) by inserting ‘‘section 274(a) of the Im- tection a person in the United States, know- between the Secretary of Homeland Secu- migration and Nationality Act (8 ing or in reckless disregard of the fact that rity, the Attorney General, and the Sec- U.S.C.1324(a)) (relating to bringing in and harboring certain aliens),’’ after ‘‘section 590 such person is an alien who lacks lawful au- retary of State or is terminated in accord- thority to be in the United States; or ance with Federal law.’’. of the Tariff Act of 1930 (19 U.S.C. 1590) (re- lating to aviation smuggling),’’. ‘‘(G) conspires or attempts to commit any (2) CLERICAL AMENDMENT.—The table of (b) INTENT TO CONCEAL OR DISGUISE.—Sec- of the acts described in subparagraphs (A) contents for such Act is amended by insert- tion 1956(a) of title 18, United States Code, is through (F). ing after the item relating to section 219 the amended— ‘‘(2) CRIMINAL PENALTIES.—A person who following: (1) in paragraph (1) so that subparagraph violates any provision under paragraph (1) ‘‘220. Designation.’’. (B) reads as follows: shall, for each alien in respect to whom a (e) MANDATORY DETENTION OF CRIMINAL ‘‘(B) knowing that the transaction— violation of paragraph (1) occurs— STREET GANG MEMBERS.— ‘‘(i) conceals or disguises, or is intended to ‘‘(A) except as provided in subparagraphs (1) IN GENERAL.—Section 236(c)(1)(D) of the conceal or disguise, the nature, source, loca- (C) through (G), if the violation was not com- Immigration and Nationality Act (8 U.S.C. tion, ownership, or control of the proceeds of mitted for commercial advantage, profit, or 1226(c)(1)(D)) is amended— some form of unlawful activity; or private financial gain, be fined under title 18, (A) by inserting ‘‘or 212(a)(2)(N)’’ after ‘‘(ii) avoids, or is intended to avoid, a United States Code, imprisoned for not more ‘‘212(a)(3)(B)’’; and transaction reporting requirement under than 5 years, or both; (B) by inserting ‘‘or 237(a)(2)(H)’’ before State or Federal law,’’; and ‘‘(B) except as provided in subparagraphs ‘‘237(a)(4)(B)’’. (2) in paragraph (2) so that subparagraph (C) through (G), if the violation was com- (2) ANNUAL REPORT.—Not later than March (B) reads as follows: mitted for commercial advantage, profit, or 1 of each year (beginning 1 year after the ‘‘(B) knowing that the monetary instru- private financial gain— date of the enactment of this Act), the Sec- ment or funds involved in the transpor- ‘‘(i) be fined under such title, imprisoned retary of Homeland Security, after consulta- tation, transmission, or transfer represent for not more than 20 years, or both, if the tion with the appropriate Federal agencies, the proceeds of some form of unlawful activ- violation is the offender’s first violation shall submit a report to the Committees on ity, and knowing that such transportation, under this subparagraph; or the Judiciary of the House of Representa- transmission, or transfer— ‘‘(ii) be fined under such title, imprisoned tives and of the Senate on the number of ‘‘(i) conceals or disguises, or is intended to for not more than 25 years, or both, if the aliens detained under the amendments made conceal or disguise, the nature, source, loca- violation is the offender’s second or subse- by paragraph (1). tion, ownership, or control of the proceeds of quent violation of this subparagraph; (f) ASYLUM CLAIMS BASED ON GANG AFFILI- some form of unlawful activity; or ‘‘(C) if the violation furthered or aided the ATION.— ‘‘(ii) avoids, or is intended to avoid, a commission of any other offense against the (1) INAPPLICABILITY OF RESTRICTION ON RE- transaction reporting requirement under United States or any State that is punish- MOVAL TO CERTAIN COUNTRIES.—Section State or Federal law,’’. able by imprisonment for more than 1 year, 241(b)(3)(B) of the Immigration and Nation- SEC. l52. INCREASED CRIMINAL PENALTIES RE- be fined under such title, imprisoned for not ality Act (8 U.S.C. 1251(b)(3)(B)) is amended, LATING TO ALIEN SMUGGLING AND more than 20 years, or both; in the matter preceding clause (i), by insert- RELATED OFFENSES. ‘‘(D) be fined under such title, imprisoned ing ‘‘who is described in section (a) IN GENERAL.—Section 274 of the Immi- not more than 20 years, or both, if the viola- 212(a)(2)(N)(i) or section 237(a)(2)(H)(i) or who gration and Nationality Act (8 U.S.C. 1324), is tion created a substantial and foreseeable is’’ after ‘‘to an alien’’. amended to read as follows: risk of death, a substantial and foreseeable (2) INELIGIBILITY FOR ASYLUM.—Section ‘‘SEC. 274. ALIEN SMUGGLING AND RELATED OF- risk of serious bodily injury (as defined in 208(b)(2)(A) of such Act (8 U.S.C. 1158(b)(2)(A)) FENSES. section 2119(2) of title 18, United States is amended— ‘‘(a) CRIMINAL OFFENSES AND PENALTIES.— Code), or inhumane conditions to another (A) in clause (v), by striking ‘‘or’’ at the ‘‘(1) PROHIBITED ACTIVITIES.—Except as pro- person, including— end; vided in paragraph (3), a person shall be pun- ‘‘(i) transporting the person in an engine (B) by redesignating clause (vi) as clause ished as provided under paragraph (2), if the compartment, storage compartment, or (vii); and person— other confined space;

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00075 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5178 CONGRESSIONAL RECORD — SENATE June 25, 2013

‘‘(ii) transporting the person at an exces- ‘‘(c) AUTHORITY TO ARREST.—No officer or ‘‘(1) ILLEGAL ENTRY OR PRESENCE.—An alien sive speed or in excess of the rated capacity person shall have authority to make any ar- shall be subject to the penalties set forth in of the means of transportation; or rests for a violation of any provision of this paragraph (2) if the alien— ‘‘(iii) transporting the person in, harboring section except: ‘‘(A) knowingly enters or crosses the bor- the person in, or otherwise subjecting the ‘‘(1) officers and employees designated by der into the United States at any time or person to crowded or dangerous conditions; the Secretary of Homeland Security, either place other than as designated by the Sec- ‘‘(E) if the violation caused serious bodily individually or as a member of a class; and retary of Homeland Security; injury (as defined in section 2119(2) of title ‘‘(2) other officers responsible for the en- ‘‘(B) knowingly eludes, at any time or 18, United States Code) to any person, be forcement of Federal criminal laws. place, examination or inspection by an au- fined under such title, imprisoned for not ‘‘(d) ADMISSIBILITY OF VIDEOTAPED WITNESS thorized immigration, customs, or agri- more than 30 years, or both; TESTIMONY.—Notwithstanding any provision culture officer (including by failing to stop ‘‘(F) be fined under such title and impris- of the Federal Rules of Evidence, the at the command of such officer); oned for not more than 30 years if the viola- videotaped or otherwise audiovisually pre- ‘‘(C) knowingly enters or crosses the bor- tion involved an alien who the offender knew served deposition of a witness to a violation der to the United States and, upon examina- or had reason to believe was— of subsection (a) who has been deported or tion or inspection, knowingly makes a false ‘‘(i) engaged in terrorist activity (as de- otherwise expelled from the United States, or misleading representation or the knowing fined in section 212(a)(3)(B)); or or is otherwise unavailable to testify, may concealment of a material fact (including ‘‘(ii) intending to engage in terrorist activ- be admitted into evidence in an action such representation or concealment in the ity; brought for that violation if: context of arrival, reporting, entry, or clear- ‘‘(G) if the violation caused or resulted in ‘‘(1) the witness was available for cross ex- ance requirements of the customs laws, im- the death of any person, be punished by amination at the deposition by the party, if migration laws, agriculture laws, or shipping death or imprisoned for a term of years up to any, opposing admission of the testimony; laws); life, and fined under title 18, United States and ‘‘(D) knowingly violates the terms or con- Code. ‘‘(2) the deposition otherwise complies with ditions of the alien’s admission or parole ‘‘(3) LIMITATION.—It is not a violation of the Federal Rules of Evidence. into the United States; or subparagraph (D), (E), or (F) of paragraph (1) ‘‘(e) DEFINITIONS.—In this section: ‘‘(E) knowingly is unlawfully present in for a religious denomination having a bona ‘‘(1) CROSS THE BORDER TO THE UNITED the United States (as defined in section fide nonprofit, religious organization in the STATES.—The term ‘cross the border’ refers 212(a)(9)(B)(ii) subject to the exceptions set United States, or the agents or officers of to the physical act of crossing the border, re- forth in section 212(a)(9)(B)(iii)). such denomination or organization, to en- gardless of whether the alien is free from of- ‘‘(2) CRIMINAL PENALTIES.—Any alien who courage, invite, call, allow, or enable an ficial restraint. violates any provision under paragraph (1): alien who is present in the United States to ‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful ‘‘(A) shall, for the first violation, be fined perform the vocation of a minister or mis- authority’ means permission, authorization, under title 18, United States Code, impris- sionary for the denomination or organization or license that is expressly provided for in oned not more than 6 months, or both; in the United States as a volunteer who is the immigration laws of the United States or ‘‘(B) shall, for a second or subsequent vio- lation, or following an order of voluntary de- not compensated as an employee, notwith- accompanying regulations. The term does parture, be fined under such title, impris- standing the provision of room, board, trav- not include any such authority secured by oned not more than 2 years, or both; el, medical assistance, and other basic living fraud or otherwise obtained in violation of ‘‘(C) if the violation occurred after the expenses, provided the minister or mis- law or authority sought, but not approved. alien had been convicted of 3 or more mis- sionary has been a member of the denomina- No alien shall be deemed to have lawful au- demeanors or for a felony, shall be fined tion for at least 1 year. thority to come to, enter, reside in, remain under such title, imprisoned not more than ‘‘(4) EXTRATERRITORIAL JURISDICTION.— in, or be in the United States if such coming 10 years, or both; There is extraterritorial Federal jurisdiction to, entry, residence, remaining, or presence ‘‘(D) if the violation occurred after the over the offenses described in this sub- was, is, or would be in violation of law. alien had been convicted of a felony for section. ‘‘(3) PROCEEDS.—The term ‘proceeds’ in- cludes any property or interest in property which the alien received a term of imprison- ‘‘(b) SEIZURE AND FORFEITURE.— obtained or retained as a consequence of an ment of not less than 30 months, shall be ‘‘(1) IN GENERAL.—Any real or personal act or omission in violation of this section. fined under such title, imprisoned not more property used to commit or facilitate the than 15 years, or both; and ‘‘(4) UNLAWFUL TRANSIT.—The term ‘unlaw- commission of a violation of this section, the ful transit’ means travel, movement, or tem- ‘‘(E) if the violation occurred after the gross proceeds of such violation, and any porary presence that violates the laws of any alien had been convicted of a felony for property traceable to such property or pro- country in which the alien is present or any which the alien received a term of imprison- ceeds, shall be subject to forfeiture. country from which or to which the alien is ment of not less than 60 months, such alien ‘‘(2) APPLICABLE PROCEDURES.—Seizures traveling or moving.’’. shall be fined under such title, imprisoned and forfeitures under this subsection shall be (b) CLERICAL AMENDMENT.—The table of not more than 20 years, or both. governed by the provisions of chapter 46 of contents for the Immigration and Nation- ‘‘(3) PRIOR CONVICTIONS.—The prior convic- title 18, United States Code, relating to civil ality Act is amended by striking the item re- tions described in subparagraphs (C) through forfeitures, except that such duties as are lating to section 274 and inserting the fol- (E) of paragraph (2) are elements of the of- imposed upon the Secretary of the Treasury lowing: fenses described and the penalties in such under the customs laws described in section subparagraphs shall apply only in cases in ‘‘Sec. 274. Alien smuggling and related of- 981(d) shall be performed by such officers, which the conviction or convictions that fenses.’’. agents, and other persons as may be des- form the basis for the additional penalty ignated for that purpose by the Secretary of (c) PROHIBITING CARRYING OR USING A FIRE- are— Homeland Security. ARM DURING AND IN RELATION TO AN ALIEN ‘‘(A) alleged in the indictment or informa- ‘‘(3) PRIMA FACIE EVIDENCE IN DETERMINA- SMUGGLING CRIME.—Section 924(c) of title 18, tion; and TIONS OF VIOLATIONS.—In determining wheth- United States Code, is amended— ‘‘(B) proven beyond a reasonable doubt at er a violation of subsection (a) has occurred, (1) in paragraph (1)— trial or admitted by the defendant. (A) in subparagraph (A)—— prima facie evidence that an alien involved ‘‘(4) DURATION OF OFFENSE.—An offense in the alleged violation lacks lawful author- (i) by inserting ‘‘, alien smuggling crime,’’ under this subsection continues until the ity to come to, enter, reside in, remain in, or after ‘‘any crime of violence’’; and alien is discovered within the United States be in the United States or that such alien (ii) by inserting ‘‘, alien smuggling crime,’’ by an immigration, customs, or agriculture had come to, entered, resided in, remained after ‘‘such crime of violence’’; and officer. (B) in subparagraph (D)(ii), by inserting ‘‘, in, or been present in the United States in ‘‘(5) ATTEMPT.—Whoever attempts to com- violation of law may include: alien smuggling crime,’’ after ‘‘crime of vio- mit any offense under this section shall be ‘‘(A) any order, finding, or determination lence’’; and punished in the same manner as for a com- concerning the alien’s status or lack of sta- (2) by adding at the end the following: pletion of such offense. tus made by a Federal judge or administra- ‘‘(6) For purposes of this subsection, the ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN- tive adjudicator (including an immigration term ‘alien smuggling crime’ means any fel- ALTIES.— judge or immigration officer) during any ju- ony punishable under section 274(a), 277, or ‘‘(1) IN GENERAL.—Any alien who is appre- dicial or administrative proceeding author- 278 of the Immigration and Nationality Act hended while entering, attempting to enter, ized under Federal immigration law; (8 U.S.C. 1324(a), 1327, and 1328).’’. or knowingly crossing or attempting to cross ‘‘(B) official records of the Department of SEC. l53. PENALTIES FOR ILLEGAL ENTRY OR the border to the United States at a time or Homeland Security, the Department of Jus- PRESENCE. place other than as designated by immigra- tice, or the Department of State concerning (a) IN GENERAL.—Section 275 of the Immi- tion officers shall be subject to a civil pen- the alien’s status or lack of status; and gration and Nationality Act (8 U.S.C. 1325) is alty, in addition to any criminal or other ‘‘(C) testimony by an immigration officer amended to read as follows: civil penalties that may be imposed under having personal knowledge of the facts con- ‘‘ILLEGAL ENTRY any other provision of law, in an amount cerning the alien’s status or lack of status. ‘‘SEC. 275. (a) IN GENERAL.— equal to—

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00076 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5179 ‘‘(A) not less than $50 or more than $250 for ‘‘(B) had complied with all other laws and the District of Columbia, and any common- each such entry, crossing, attempted entry, regulations governing the alien’s admission wealth, territory, or possession of the United or attempted crossing; or into the United States. States. ‘‘(B) twice the amount specified in para- ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON ‘‘§ 1542. False statement in application and graph (1) if the alien had previously been UNDERLYING REMOVAL ORDER.—In a criminal use of passport proceeding under this section, an alien may subject to a civil penalty under this sub- ‘‘Whoever knowingly— section.’’. not challenge the validity of any prior re- ‘‘(1) makes any false statement in an appli- (b) CLERICAL AMENDMENT.—The table of moval order concerning the alien. cation for passport with intent to induce or contents for the Immigration and Nation- ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO secure the issuance of a passport under the ality Act is amended by striking the item re- COMPLETION OF TERM OF IMPRISONMENT.—Any authority of the United States, either for his lating to section 275 and inserting the fol- alien removed pursuant to section 241(a)(4) own use or the use of another, contrary to lowing: who enters, attempts to enter, crosses the the laws regulating the issuance of passports border to, attempts to cross the border to, or ‘‘275. Illegal entry.’’. or the rules prescribed pursuant to such is at any time found in, the United States SEC. l54. ILLEGAL REENTRY. laws; or shall be incarcerated for the remainder of Section 276 of the Immigration and Nation- ‘‘(2) uses or attempts to use, or furnishes to the sentence of imprisonment which was ality Act (8 U.S.C. 1326) is amended to read another for use any passport the issue of pending at the time of deportation without as follows: which was secured in any way by reason of any reduction for parole or supervised re- ‘‘REENTRY OF REMOVED ALIEN any false statement; lease unless the alien affirmatively dem- ‘‘SEC. 276. (a) REENTRY AFTER REMOVAL.— shall be fined under this title or imprisoned onstrates that the Secretary of Homeland Any alien who has been denied admission, not more than 15 years, or both. Security has expressly consented to the excluded, deported, or removed, or who has ‘‘§ 1543. Forgery or false use of passport departed the United States while an order of alien’s reentry. Such alien shall be subject to ‘‘Whoever— exclusion, deportation, or removal is out- such other penalties relating to the reentry standing, and subsequently enters, attempts of removed aliens as may be available under ‘‘(1) falsely makes, forges, counterfeits, to enter, crosses the border to, attempts to this section or any other provision of law. mutilates, or alters any passport or instru- cross the border to, or is at any time found ‘‘(h) DEFINITIONS.—For purposes of this sec- ment purporting to be a passport, with in- in the United States, shall be fined under tion and section 275, the following defini- tent that the same may be used; or title 18, United States Code, imprisoned not tions shall apply: ‘‘(2) knowingly uses, or attempts to use, or more than 2 years, or both. ‘‘(1) CROSSES THE BORDER TO THE UNITED furnishes to another for use any such false, ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.— STATES.—The term ‘crosses the border’ refers forged, counterfeited, mutilated, or altered Notwithstanding the penalty provided in to the physical act of crossing the border, re- passport or instrument purporting to be a subsection (a), if an alien described in that gardless of whether the alien is free from of- passport, or any passport validly issued subsection was convicted before such re- ficial restraint. which has become void by the occurrence of moval or departure: ‘‘(2) FELONY.—The term ‘felony’ means any any condition therein prescribed invali- ‘‘(1) for 3 or more misdemeanors or for a criminal offense punishable by a term of im- dating the same; felony, the alien shall be fined under title 18, prisonment of more than 1 year under the shall be fined under this title or imprisoned United States Code, imprisoned not more laws of the United States, any State, or a not more than 15 years, or both. than 10 years, or both; foreign government. ‘‘§ 1544. Misuse of a passport ‘‘(2) for a felony for which the alien was ‘‘(3) MISDEMEANOR.—The term ‘mis- ‘‘Whoever knowingly— sentenced to a term of imprisonment of not demeanor’ means any criminal offense pun- ‘‘(1) uses any passport issued or designed less than 30 months, the alien shall be fined ishable by a term of imprisonment of not for the use of another; under such title, imprisoned not more than more than 1 year under the applicable laws ‘‘(2) uses any passport in violation of the 15 years, or both; of the United States, any State, or a foreign conditions or restrictions therein contained, ‘‘(3) for a felony for which the alien was government. or in violation of the laws, regulations, or sentenced to a term of imprisonment of not ‘‘(4) REMOVAL.—The term ‘removal’ in- rules governing the issuance and use of the less than 60 months, the alien shall be fined cludes any denial of admission, exclusion, passport; under such title, imprisoned not more than deportation, or removal, or any agreement ‘‘(3) secures, possesses, uses, receives, buys, 20 years, or both; by which an alien stipulates or agrees to ex- sells, or distributes any passport knowing it ‘‘(4) for murder, rape, kidnapping, or a fel- clusion, deportation, or removal. to be forged, counterfeited, altered, falsely ony offense described in chapter 77 (relating ‘‘(5) STATE.—The term ‘State’ means a made, procured by fraud, stolen, or produced to peonage and slavery) or 113B (relating to State of the United States, the District of or issued without lawful authority; or terrorism) of such title, or for 3 or more felo- Columbia, and any commonwealth, territory, ‘‘(4) violates the terms and conditions of nies of any kind, the alien shall be fined or possession of the United States.’’. any safe conduct duly obtained and issued under such title, imprisoned not more than SEC. l55. REFORM OF PASSPORT, VISA, AND IM- under the authority of the United States; 25 years, or both. MIGRATION FRAUD OFFENSES. ‘‘(c) REENTRY AFTER REPEATED REMOVAL.— Chapter 75 of title 18, United States Code, shall be fined under this title, imprisoned Any alien who has been denied admission, is amended to read as follows: not more than 15 years, or both. excluded, deported, or removed 3 or more ‘‘CHAPTER 75—PASSPORTS AND VISAS ‘‘§ 1545. Schemes to defraud aliens times and thereafter enters, attempts to ‘‘Whoever inside the United States, or in or enter, crosses the border to, attempts to ‘‘Sec. ‘‘1541. Issuance without authority. affecting interstate or foreign commerce, in cross the border to, or is at any time found ‘‘1542. False statement in application and connection with any matter that is author- in the United States, shall be fined under use of passport. ized by or arises under the immigration laws title 18, United States Code, imprisoned not ‘‘1543. Forgery or false use of passport. of the United States or any matter the of- more than 10 years, or both. ‘‘1544. Misuse of a passport. fender claims or represents is authorized by ‘‘(d) PROOF OF PRIOR CONVICTIONS.—The ‘‘1545. Schemes to defraud aliens. or arises under the immigration laws of the prior convictions described in subsection (b) ‘‘1546. Immigration and visa fraud. United States, knowingly executes a scheme are elements of the crimes described, and the ‘‘1547. Attempts and conspiracies. or artifice— penalties in that subsection shall apply only ‘‘1548. Alternative penalties for certain of- ‘‘(1) to defraud any person, or in cases in which the conviction or convic- fenses. ‘‘(2) to obtain or receive money or any- tions that form the basis for the additional ‘‘1549. Definitions. thing else of value from any person by means penalty are— of false or fraudulent pretenses, representa- ‘‘(1) alleged in the indictment or informa- ‘‘§ 1541. Issuance without authority tions, or promises; tion; and ‘‘(a) IN GENERAL.—Whoever— shall be fined under this title, imprisoned ‘‘(2) proven beyond a reasonable doubt at ‘‘(1) acting or claiming to act in any office not more than 15 years, or both. trial or admitted by the defendant. or capacity under the United States, or a ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an State, without lawful authority grants, ‘‘§ 1546. Immigration and visa fraud affirmative defense to a violation of this sec- issues, or verifies any passport or other in- ‘‘Whoever knowingly— tion that— strument in the nature of a passport to or for ‘‘(1) uses any immigration document issued ‘‘(1) prior to the alleged violation, the alien any person; or or designed for the use of another; had sought and received the express consent ‘‘(2) being a consular officer authorized to ‘‘(2) forges, counterfeits, alters, or falsely of the Secretary of Homeland Security to re- grant, issue, or verify passports, knowingly makes any immigration document; apply for admission into the United States; grants, issues, or verifies any such passport ‘‘(3) mails, prepares, presents, or signs any or to or for any person not owing allegiance, to immigration document knowing it to con- ‘‘(2) with respect to an alien previously de- the United States, whether a citizen or not; tain any materially false statement or rep- nied admission and removed, the alien— shall be fined under this title or imprisoned resentation; ‘‘(A) was not required to obtain such ad- not more than 15 years, or both. ‘‘(4) secures, possesses, uses, transfers, re- vance consent under the Immigration and ‘‘(b) DEFINITION.—In this section, the term ceives, buys, sells, or distributes any immi- Nationality Act or any prior Act; and ‘State’ means a State of the United States, gration document knowing it to be forged,

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00077 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5180 CONGRESSIONAL RECORD — SENATE June 25, 2013 counterfeited, altered, falsely made, stolen, (5) by redesignating paragraphs (3), (4), and Homeland Security, in the Secretary’s sole procured by fraud, or produced or issued (5) as paragraphs (4), (5), and (6), respec- and unreviewable discretion, determines that without lawful authority; tively; and the alien lawfully admitted for permanent ‘‘(5) adopts or uses a false or fictitious (6) by inserting after paragraph (2) the fol- residence poses no risk to the alien with re- name to evade or to attempt to evade the lowing new paragraph: spect to whom a petition described in sub- immigration laws; ‘‘(3) The Secretary of Homeland Security clause (I) is filed.’’. ‘‘(6) transfers or furnishes, without lawful in the exercise of discretion may determine (b) NONIMMIGRANTS.—Section 101(a)(15)(K) authority, an immigration document to an- inadmissibility under section 212(a)(2) (relat- of such Act (8 U.S.C. 1101(a)(15)(K)), is other person for use by a person other than ing to criminal offenses) and issue an order amended by striking ‘‘204(a)(1)(A)(viii)(I))’’ the person for whom the immigration docu- of removal pursuant to the procedures set each place such term appears and inserting ment was issued or designed; or forth in this subsection, in lieu of removal ‘‘204(a)(1)(A)(viii))’’. ‘‘(7) produces, issues, authorizes, or proceedings under section 240, with respect (c) EFFECTIVE DATE.—The amendments made by this section shall take effect on the verifies, without lawful authority, an immi- to an alien who date of the enactment of this Act and shall gration document; ‘‘(A) has not been admitted or paroled; apply to petitions filed on or after such date. shall be fined under this title, imprisoned ‘‘(B) has not been found to have a credible not more than 15 years, or both. fear of persecution pursuant to the proce- SEC. l60. CLARIFICATION TO CRIMES OF VIO- LENCE AND CRIMES INVOLVING ‘‘§ 1547. Attempts and conspiracies dures set forth in section 235(b)(1)(B); and MORAL TURPITUDE. ‘‘Whoever attempts or conspires to violate ‘‘(C) is not eligible for a waiver of inadmis- (a) INADMISSIBLE ALIENS.—Section this chapter shall be punished in the same sibility or relief from removal.’’. 212(a)(2)(A) of the Immigration and Nation- manner as a person who completes that vio- (b) EFFECTIVE DATE.—The amendments ality Act (8 U.S.C. 1182(a)(2)(A)) is amended lation. made by subsection (a) shall take effect on by adding at the end the following: ‘‘§ 1548. Alternative penalties for certain of- the date of the enactment of this Act but ‘‘(iii) CLARIFICATION.—If the conviction fenses shall not apply to aliens who are in removal records do not conclusively establish wheth- proceedings under section 240 of the Immi- ‘‘(a) TERRORISM.—Whoever violates any er a crime constitutes a crime involving section in this chapter to facilitate an act of gration and Nationality Act as of such date. moral turpitude, the Attorney General may international terrorism or domestic ter- SEC. l58. INCREASED PENALTIES BARRING THE consider other evidence related to the con- rorism (as such terms are defined in section ADMISSION OF CONVICTED SEX OF- viction that clearly establishes that the con- FENDERS FAILING TO REGISTER duct for which the alien was engaged con- 2331), shall be fined under this title or im- AND REQUIRING DEPORTATION OF prisoned not more than 25 years, or both. SEX OFFENDERS FAILING TO REG- stitutes a crime involving moral turpitude.’’. ‘‘(b) DRUG TRAFFICKING OFFENSES.—Who- ISTER. (b) DEPORTABLE ALIENS.— (1) GENERAL CRIMES.—Section 237(a)(2)(A) ever violates any section in this chapter to (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) facilitate a drug trafficking crime (as de- of the Immigration and Nationality Act (8 of such Act (8 U.S.C. 1227(a)(2)(A)), as amend- fined in section 929(a)) shall be fined under U.S.C. 1182(a)(2)(A)(i)), as amended by sec- ed by section 320(b) of this Act, is further this title or imprisoned not more than 20 tion 302(a) of this Act, is further amended— amended by inserting after clause (iv) the years, or both. (1) in subclause (II), by striking ‘‘or’’ at the following: ‘‘§ 1549. Definitions end; ‘‘(v) CRIMES INVOLVING MORAL TURPITUDE.— ‘‘In this chapter: (2) in subclause (III), by adding ‘‘or’’ at the If the conviction records do not conclusively ‘‘(1) An ‘application for a United States end; and establish whether a crime constitutes a passport’ includes any document, photo- (3) by inserting after subclause (III) the fol- crime involving moral turpitude, the Attor- graph, or other piece of evidence attached to lowing: ney General may consider other evidence re- or submitted in support of the application. ‘‘(IV) a violation of section 2250 of title 18, lated to the conviction that clearly estab- ‘‘(2) The term ‘immigration document’ United States Code (relating to failure to lishes that the conduct for which the alien means any instrument on which is recorded, register as a sex offender);’’. was engaged constitutes a crime involving by means of letters, figures, or marks, mat- (b) DEPORTABILITY.—Section 237(a)(2) of moral turpitude.’’. ters which may be used to fulfill any require- such Act (8 U.S.C. 1227(a)(2)), as amended by (2) DOMESTIC VIOLENCE.—Section ment of the Immigration and Nationality sections 302(c) and 311(c) of this Act, is fur- 237(a)(2)(E) of such Act (8 U.S.C. 1227(a)(2)(E)) Act.’’. ther amended— is amended by adding at the end the fol- lowing: SEC. l56. FORFEITURE. (1) in subparagraph (A), by striking clause ‘‘(iii) CRIMES OF VIOLENCE.—If the convic- Section 981(a)(1) of title 18, United States (v); and Code, is amended by adding at the end the (2) by adding at the end the following: tion records do not conclusively establish following: ‘‘(I) Any alien convicted of, or who admits whether a crime of domestic violence con- ‘‘(I) Any property, real or personal, that having committed, or who admits commit- stitutes a crime of violence (as defined in has been used to commit or facilitate the ting acts which constitute the essential ele- section 16 of title 18, United States Code), commission of a violation of chapter 75, the ments of a violation of section 2250 of title the Attorney General may consider other gross proceeds of such violation, and any 18, United States Code (relating to failure to evidence related to the conviction that property traceable to any such property or register as a sex offender) is deportable.’’. clearly establishes that the conduct for proceeds.’’. (c) EFFECTIVE DATE.—The amendments which the alien was engaged constitutes a crime of violence.’’. SEC. l57. EXPEDITED REMOVAL FOR ALIENS IN- made by this section shall take effect on the (c) EFFECTIVE DATE.—The amendments ADMISSIBLE ON CRIMINAL OR SECU- date of the enactment of this Act and shall RITY GROUNDS. apply to acts that occur before, on, or after made by this section shall take effect on the date of the enactment of this Act and shall (a) IN GENERAL.—Section 238(b) of the Im- the date of the enactment of this Act. migration and Nationality Act (8 U.S.C. apply to acts that occur before, on, or after SEC. l59. PROTECTING IMMIGRANTS FROM CON- the date of the enactment of this Act. 1228(b)) is amended– VICTED SEX OFFENDERS. SEC. l61. PENALTIES FOR FAILURE TO OBEY RE- (1) in paragraph (1)— (a) IMMIGRANTS.—Section 204(a)(1) of the MOVAL ORDERS. (A) by striking ‘‘Attorney General’’ and in- Immigration and Nationality Act (8 U.S.C. (a) IN GENERAL.—Section 243(a)(1) of the serting ‘‘Secretary of Homeland Security in 1154(a)(1)), is amended— Immigration and Nationality Act (8 U.S.C. the exercise of discretion’’; and (1) in subparagraph (A), by amending 1253(a)(1)) is amended— (B) by striking ‘‘set forth in this sub- clause (viii) to read as follows: (1) by inserting ‘‘212(a) or’’ before ‘‘237(a),’’ section or’’ and inserting ‘‘set forth in this ‘‘(viii) Clause (i) shall not apply to a cit- ; and subsection, in lieu of removal proceedings izen of the United States who has been con- (2) by striking paragraph (3). under’’; victed of an offense described in subpara- (b) EFFECTIVE DATE.—The amendments (2) in paragraph (3), by striking ‘‘paragraph graph (A), (I), or (K) of section 101(a)(43), un- made by subsection (a) shall take effect on (1) until 14 calendar days’’ and inserting less the Secretary of Homeland Security, in the date of the enactment of this Act and ‘‘paragraph (1) or (3) until 7 calendar days’’; the Secretary’s sole and unreviewable discre- shall apply to acts that are described in sub- (3) by striking ‘‘Attorney General’’ each tion, determines that the citizen poses no paragraphs (A) through (D) of section place it appears in paragraphs (3) and (4) and risk to the alien with respect to whom a pe- 243(a)(1) of the Immigration and Nationality inserting ‘‘Secretary of Homeland Security’’; tition described in clause (i) is filed.’’; and Act (8 U.S.C. 1253(a)(1)) that occur on or after (4) in paragraph (5)— (2) in subparagraph (B)(i)— the date of the enactment of this Act. (A) by striking ‘‘described in this section’’ (A) by redesignating the second subclause SEC. l62. PARDONS. and inserting ‘‘described in paragraph (1) or (I) as subclause (II); and (a) DEFINITION.—Section 101(a) of the Im- (2)’’; and (B) by amending such subclause (II) to read migration and Nationality Act (8 U.S.C. (B) by striking ‘‘the Attorney General may as follows: 1101(a)), as amended by section 311(a) of this grant in the Attorney General’s discretion’’ ‘‘(II) Subclause (I) shall not apply in the Act, is further amended by adding at the end and inserting ‘‘the Secretary of Homeland case of an alien admitted for permanent resi- the following: Security or the Attorney General may grant, dence who has been convicted of an offense ‘‘(54) The term ‘pardon’ means a full and in the discretion of the Secretary or Attor- described in subparagraph (A), (I), or (K) of unconditional pardon granted by the Presi- ney General, in any proceeding’’; section 101(a)(43), unless the Secretary of dent of the United States, Governor of any of

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00078 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5181 the several States or constitutionally recog- for the climate and risks faced by the agent. SEC. l75. PILOT PROGRAM FOR ELECTRONIC nized body.’’. Enough body armor must be purchased to FIELD PROCESSING. (b) DEPORTABILITY.—Section 237(a) of such cover every agent in the field. (a) IN GENERAL.—The Secretary shall es- Act (8 U.S.C. 1227(a)) is amended— (b) WEAPONS.—Such Secretary shall ensure tablish a pilot program in at least five of the (1) in paragraph (2)(A), by striking clause that Immigration and Customs Enforcement 10 Immigration and Customs Enforcement (vi); and deportation officers and immigration en- field offices with the largest removal case- (2) by adding at the end the following: forcement agents are equipped with weapons loads to allow Immigration and Customs de- ‘‘(8) PARDONS.— that are reliable and effective to protect portation officers and immigration enforce- ‘‘(A) IN GENERAL.—In the case of an alien themselves, their fellow agents, and innocent ment agents to— who has been convicted of a crime and is sub- third parties from the threats posed by (1) electronically process and serve charg- ject to removal due to that conviction, if the armed criminals. Such weapons shall in- ing documents, including Notices to Appear, alien, subsequent to receiving the criminal clude, at a minimum, standard-issue hand- while in the field; and conviction, is granted a pardon, the alien guns, M–4 (or equivalent) rifles, and Tasers. (2) electronically process and place detain- shall not be deportable by reason of that (c) EFFECTIVE DATE.—This section shall ers while in the field. criminal conviction. take effect 90 days after the date of the en- (b) DUTIES.—The pilot program described ‘‘(B) EXCEPTION.—Subparagraph (A) shall actment of this Act. in subsection (a) shall be designed to allow not apply in the case of an alien granted a SEC. l74. ICE ADVISORY COUNCIL. deportation officers and immigration en- pardon if the pardon is granted in whole or forcement agents to use handheld or vehicle- in part to eliminate that alien’s condition of (a) ESTABLISHMENT.—An ICE Advisory Council shall be established not later than 3 mounted computers to— deportability.’’. (1) enter any required data, including per- (c) EFFECTIVE DATE.—The amendments months after the date of the enactment of sonal information about the alien subject made by this section shall take effect on the this Act. and the reason for issuing the document; date of the enactment of this Act and shall (b) MEMBERSHIP.—The ICE Advisory Coun- (2) apply the electronic signature of the apply to a pardon granted before, on, or after cil shall be comprised of 7 members. issuing officer or agent; such date. (c) APPOINTMENT.—Members shall to be ap- pointed in the following manner: (3) set the date the alien is required to ap- CHAPTER 4—AID TO U.S. IMMIGRATION pear before an immigration judge, in the AND CUSTOMS ENFORCEMENT OFFICERS (1) One member shall be appointed by the President; case of Notices to Appear; l SEC. 71. ICE IMMIGRATION ENFORCEMENT (2) One member shall be appointed by the (4) print any documents the alien subject AGENTS. Chairman of the Judiciary Committee of the may be required to sign, along with addi- (a) IN GENERAL.—The Secretary shall au- House of Representatives; tional copies of documents to be served on thorize all immigration enforcement agents the alien; and and deportation officers of the Department (3) One member shall be appointed by the Chairman of the Judiciary Committee of the (5) interface with the ENFORCE database who have successfully completed basic immi- so that all data is stored and retrievable. gration law enforcement training to exercise Senate; (4) One member shall be appointed by the (c) CONSTRUCTION.—The pilot program de- the powers conferred by— scribed in subsection (a) shall be designed to (1) section 287(a)(5)(A) of the Immigration Local 511, the ICE prosecutor’s union; and (5) Three members shall be appointed by replace, to the extent possible, the current and Nationality Act to arrest for any offense paperwork and data-entry process used for against the United States; the National Immigration and Customs En- forcement Council. issuing such charging documents and detain- (2) section 287(a)(5)(B) of such Act to arrest ers. for any felony; (d) TERM.—Members shall serve renewable, (3) section 274(a) of such Act to arrest for 2-year terms. (d) DEADLINE.—The Secretary shall initiate bringing in, transporting, or harboring cer- (e) VOLUNTARY.—Membership shall be vol- the pilot program described in subsection (a) tain aliens, or inducing them to enter; untary and non-remunerated, except that within 6 months of the date of enactment of (4) section 287(a) of such Act to execute members will receive reimbursement from this Act. warrants of arrest for administrative immi- the Secretary for travel and other related ex- (e) REPORT.—The Government Account- gration violations issued under section 236 of penses. ability Office shall report to the Judiciary the Act or to execute warrants of criminal (f) RETALIATION PROTECTION.—Members Committee of the Senate and the House of arrest issued under the authority of the who are employed by the Secretary shall be Representatives no later than 18 months United States; and protected from retaliation by their super- after the date of enactment of this Act on (5) section 287(a) of such Act to carry fire- visors, managers, and other Department em- the effectiveness of the pilot program and arms, provided that they are individually ployees for their participation on the Coun- provide recommendations for improving it. qualified by training and experience to han- cil. (f) ADVISORY COUNCIL.—The ICE Advisory dle and safely operate the firearms they are (g) PURPOSE.—The purpose of the Council Council established by section 3764 shall in- permitted to carry, maintain proficiency in is to advise Congress and the Secretary on clude an recommendations on how the pilot the use of such firearms, and adhere to the issues including the following: program should work in the first quarterly provisions of the enforcement standard gov- (1) The current status of immigration en- report of the Council, and shall include as- erning the use of force. forcement efforts, including prosecutions sessments of the program and recommenda- (b) PAY.—Immigration enforcement agents and removals, the effectiveness of such ef- tions for improvement in each subsequent re- shall be paid on the same scale as Immigra- forts, and how enforcement could be im- port. tion and Customs Enforcement deportation proved; (g) EFFECTIVE DATE.—This section shall (2) The effectiveness of cooperative efforts officers and shall receive the same benefits. take effect 180 days after the date of the en- between the Secretary and other law en- SEC. l72. ICE DETENTION ENFORCEMENT OFFI- actment of this Act. CERS. forcement agencies, including additional (a) AUTHORIZATION.—The Secretary is au- types of enforcement activities that the Sec- SEC. l76. ADDITIONAL ICE DEPORTATION OFFI- thorized to hire 2,500 Immigration and Cus- retary should be engaged in, such as State CERS AND SUPPORT STAFF. toms Enforcement detention enforcement of- and local criminal task forces; (a) IN GENERAL.—The Secretary shall, sub- ficers. (3) Personnel, equipment, and other re- ject to the availability of appropriations for (b) DUTIES.—Immigration and Customs En- source needs of field personnel; such purpose, increase the number of posi- forcement detention enforcement officers (4) Improvements that should be made to tions for full-time active-duty Immigration who have successfully completed detention the organizational structure of the Depart- and Customs Enforcement deportation offi- enforcement officers’ basic training shall be ment, including whether the position of im- cers by 5,000 above the number of full-time responsible for— migration enforcement agent should be positions for which funds were appropriated (1) taking and maintaining custody of any merged into the deportation officer position; for fiscal year 2013. person who has been arrested by an immigra- and (b) SUPPORT STAFF.—The Secretary shall, tion officer; (5) The effectiveness of specific enforce- subject to the availability of appropriations (2) transporting and guarding immigration ment policies and regulations promulgated for such purpose, increase the number of po- detainees; by the Secretary, and whether other enforce- sitions for full-time support staff for Immi- (3) securing Department detention facili- ment priorities should be considered. gration and Customs Enforcement deporta- ties; and (h) REPORTS.—The Council shall provide tion officers by 700 above the number of full- (4) assisting in the processing of detainees. quarterly reports to the Chairmen and Rank- time positions for which funds were appro- SEC. l73. ENSURING THE SAFETY OF ICE OFFI- ing Members of the Judiciary Committees of priated for fiscal year 2013. CERS AND AGENTS. the Senate and the House of Representatives l (a) BODY ARMOR.—The Secretary shall en- and to the Secretary. The Council members SEC. 77. ADDITIONAL ICE PROSECUTORS. sure that every Immigration and Customs shall meet directly with the Chairmen and The Secretary shall increase by 60 the Enforcement deportation officer and immi- Ranking Members (or their designated rep- number of full-time trial attorneys working gration enforcement agent on duty is issued resentatives) and with the Secretary to dis- for the Immigration and Customs Enforce- high-quality body armor that is appropriate cuss their reports every 6 months. ment Office of the Principal Legal Advisor.

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00079 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5182 CONGRESSIONAL RECORD — SENATE June 25, 2013 CHAPTER 5—MISCELLANEOUS (2) in subsection (b)(2), by striking ‘‘a pe- necessary to establish the amount of the ENFORCEMENT PROVISIONS riod exceeding 60 days’’ and inserting ‘‘any penalty, and the Secretary may collect the SEC. l81. ENCOURAGING ALIENS TO DEPART period in excess of 45 days’’; civil penalty at any time thereafter and by VOLUNTARILY. (3) by amending subsection (c) to read as whatever means provided by law. An alien (a) IN GENERAL.—Section 240B of the Immi- follows: will be ineligible for any benefits under this gration and Nationality Act (8 U.S.C. 1229c) ‘‘(c) CONDITIONS ON VOLUNTARY DEPAR- chapter until this civil penalty is paid. TURE.— is amended— ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— (1) in subsection (a)— shall be ineligible during the time the alien Voluntary departure may only be granted as (A) by amending paragraph (1) to read as remains in the United States and for a period part of an affirmative agreement by the follows: of 10 years after the alien’s departure for any alien. A voluntary departure agreement ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If further relief under this section and sections under subsection (b) shall include a waiver of an alien is not described in paragraph 240A, 245, 248, and 249. The order permitting the right to any further motion, appeal, ap- (2)(A)(iii) or (4) of section 237(a), the Sec- the alien to depart voluntarily shall inform plication, petition, or petition for review re- retary of Homeland Security may permit the lating to removal or relief or protection the alien of the penalties under this sub- alien to voluntarily depart the United States from removal. section. at the alien’s own expense under this sub- ‘‘(2) CONCESSIONS BY THE SECRETARY.—In ‘‘(3) REOPENING.—The alien shall be ineli- section instead of being subject to pro- connection with the alien’s agreement to de- gible to reopen the final order of removal ceedings under section 240.’’; part voluntarily under paragraph (1), the that took effect upon the alien’s failure to (B) by striking paragraph (3); Secretary of Homeland Security may agree depart, or upon the alien’s other violations (C) by redesignating paragraph (2) as para- to a reduction in the period of inadmis- of the conditions for voluntary departure, graph (3); sibility under subparagraph (A) or (B)(i) of during the period described in paragraph (2). (D) by adding after paragraph (1) the fol- section 212(a)(9). This paragraph does not preclude a motion lowing: ‘‘(3) ADVISALS.—Agreements relating to to reopen to seek withholding of removal ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL voluntary departure granted during removal under section 241(b)(3) or protection against PROCEEDINGS.—If an alien is not described in proceedings under section 240, or at the con- torture, if the motion— paragraph (2)(A)(iii) or (4) of section 237(a), clusion of such proceedings, shall be pre- ‘‘(A) presents material evidence of changed the Attorney General may permit the alien sented on the record before the immigration country conditions arising after the date of to voluntarily depart the United States at judge. The immigration judge shall advise the order granting voluntary departure in the alien’s own expense under this sub- the alien of the consequences of a voluntary the country to which the alien would be re- section after the initiation of removal pro- departure agreement before accepting such moved; and ceedings under section 240 and before the agreement. ‘‘(B) makes a sufficient showing to the sat- conclusion of such proceedings before an im- ‘‘(4) FAILURE TO COMPLY WITH AGREEMENT.— isfaction of the Attorney General that the migration judge.’’; ‘‘(A) IN GENERAL.—If an alien agrees to vol- alien is otherwise eligible for such protec- (E) in paragraph (3), as redesignated— untary departure under this section and fails tion.’’; and (i) by amending subparagraph (A) to read to depart the United States within the time as follows: (5) by amending subsection (e) to read as allowed for voluntary departure or fails to follows: ‘‘(A) INSTEAD OF REMOVAL.—Subject to sub- comply with any other terms of the agree- paragraph (C), permission to voluntarily de- ment (including failure to timely post any ‘‘(e) ELIGIBILITY.— part under paragraph (1) shall not be valid required bond), the alien is— ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR- for any period in excess of 120 days. The Sec- ‘‘(i) ineligible for the benefits of the agree- TURE.—An alien shall not be permitted to retary may require an alien permitted to ment; voluntarily depart under this section if the voluntarily depart under paragraph (1) to ‘‘(ii) subject to the penalties described in Secretary of Homeland Security or the At- post a voluntary departure bond, to be sur- subsection (d); and torney General previously permitted the rendered upon proof that the alien has de- ‘‘(iii) subject to an alternate order of re- alien to depart voluntarily. parted the United States within the time moval if voluntary departure was granted ‘‘(2) RULEMAKING.—The Secretary may pro- specified.’’; under subsection (a)(2) or (b). mulgate regulations to limit eligibility or (ii) by redesignating subparagraphs (B), ‘‘(B) EFFECT OF FILING TIMELY APPEAL.—If, impose additional conditions for voluntary (C), and (D) as paragraphs (C), (D), and (E), after agreeing to voluntary departure, the departure under subsection (a)(1) for any respectively; alien files a timely appeal of the immigra- class of aliens. The Secretary or Attorney (iii) by adding after subparagraph (A) the tion judge’s decision granting voluntary de- General may by regulation limit eligibility following: parture, the alien may pursue the appeal in- or impose additional conditions for vol- ‘‘(B) BEFORE THE CONCLUSION OF REMOVAL stead of the voluntary departure agreement. untary departure under subsections (a)(2) or PROCEEDINGS.—Permission to voluntarily de- Such appeal operates to void the alien’s vol- (b) of this section for any class or classes of part under paragraph (2) shall not be valid untary departure agreement and the con- aliens.’’. for any period in excess of 60 days, and may sequences of such agreement, but precludes (6) in subsection (f), by adding at the end be granted only after a finding that the alien the alien from another grant of voluntary the following: ‘‘Notwithstanding section has the means to depart the United States departure while the alien remains in the 242(a)(2)(D) of this Act, sections 1361, 1651, and intends to do so. An alien permitted to United States. and 2241 of title 28, United States Code, any voluntarily depart under paragraph (2) shall ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF- other habeas corpus provision, and any other post a voluntary departure bond, in an FECTED.—Except as expressly agreed to by provision of law (statutory or nonstatutory), amount necessary to ensure that the alien the Secretary in writing in the exercise of no court shall have jurisdiction to affect, re- will depart, to be surrendered upon proof the Secretary’s discretion before the expira- instate, enjoin, delay, stay, or toll the period that the alien has departed the United tion of the period allowed for voluntary de- allowed for voluntary departure under this States within the time specified. An immi- parture, no motion, appeal, application, peti- section.’’. gration judge may waive the requirement to tion, or petition for review shall affect, rein- (b) RULEMAKING.—The Secretary shall post a voluntary departure bond in indi- state, enjoin, delay, stay, or toll the alien’s vidual cases upon a finding that the alien obligation to depart from the United States within one year of the date of enactment of has presented compelling evidence that the during the period agreed to by the alien and this Act promulgate regulations to provide posting of a bond will pose a serious finan- the Secretary.’’; for the imposition and collection of penalties cial hardship and the alien has presented (4) by amending subsection (d) to read as for failure to depart under section 240B(d) of credible evidence that such a bond is unnec- follows: the Immigration and Nationality Act (8 essary to guarantee timely departure.’’. ‘‘(d) PENALTIES FOR FAILURE TO DEPART.— U.S.C. 1229c(d)). (iv) in subparagraph (C), as redesignated, If an alien is permitted to voluntarily depart by striking ‘‘subparagraphs (C) and(D)(ii)’’ under this section and fails to voluntarily (c) EFFECTIVE DATES.— and inserting ‘‘subparagraphs (D) and depart from the United States within the (1) IN GENERAL.—Except as provided in (E)(ii)’’; time period specified or otherwise violates paragraph (2), the amendments made by this (v) in subparagraph (D), as redesignated, by the terms of a voluntary departure agree- section shall apply with respect to all orders striking ‘‘subparagraph (B)’’ each place that ment, the alien will be subject to the fol- granting voluntary departure under section term appears and inserting ‘‘subparagraph lowing penalties: 240B of the Immigration and Nationality Act (C)’’; ‘‘(1) CIVIL PENALTY.—The alien shall be lia- (8 U.S.C. 1229c) made on or after the date (vi) in subparagraph (E), as redesignated, ble for a civil penalty of $3,000. The order al- that is 180 days after the enactment of this by striking ‘‘subparagraph (B)’’ each place lowing voluntary departure shall specify the Act. that term appears and inserting ‘‘subpara- amount of the penalty, which shall be ac- (2) EXCEPTION.—The amendment made by graph (C)’’; knowledged by the alien on the record. If the subsection (a)(6) shall take effect on the date (F) in paragraph (4), by striking ‘‘para- Secretary thereafter establishes that the of the enactment of this Act and shall apply graph (1)’’ and inserting ‘‘paragraphs (1) and alien failed to depart voluntarily within the with respect to any petition for review which (2)’’; time allowed, no further procedure will be is filed on or after such date.

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00080 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5183 SEC. l82. DETERRING ALIENS ORDERED RE- 1252) is amended by adding at the end the fol- (5) Aliens who were placed into removal MOVED FROM REMAINING IN THE lowing: proceedings, whose removal proceedings UNITED STATES UNLAWFULLY. ‘‘(h) JUDICIAL REVIEW OF REINSTATEMENT were terminated in the previous fiscal year (a) INADMISSIBLE ALIENS.—Section UNDER SECTION 241(A)(5).— prior to their conclusion, unless the aliens 212(a)(9)(A) of the Immigration and Nation- ‘‘(1) REVIEW OF REINSTATEMENT.—Judicial were granted relief from removal pursuant to ality Act (8 U.S.C. 1182(a)(9)(A)) is amended— review of determinations under section statute, were granted voluntary departure (1) in clause (i), by striking ‘‘seeks admis- 241(a)(5) is available in an action under sub- pursuant to section 240B, were granted legal sion within 5 years of the date of such re- section (a). nonimmigrant or immigrant status pursuant moval (or within 20 years’’ and inserting ‘‘(2) NO REVIEW OF ORIGINAL ORDER.—Not- to statute, or were determined not to be in- ‘‘seeks admission not later than 5 years after withstanding any other provision of law admissible or deportable. the date of the alien’s removal (or not later (statutory or nonstatutory), including sec- (6) Aliens granted parole pursuant to sec- than 20 years after the alien’s removal’’; and tion 2241 of title 28, United States Code, any tion 212(d)(5)(A) of such Act (8 U.S.C. (2) in clause (ii), by striking ‘‘seeks admis- other habeas corpus provision, or sections 1182(d)(5)(A)). sion within 10 years of the date of such 1361 and 1651 of such title, no court shall (7) Aliens granted deferred action, ex- alien’s departure or removal (or within 20 have jurisdiction to review any cause or tended voluntary departure or any other years of’’ and inserting ‘‘seeks admission not claim, arising from, or relating to, any chal- type of relief from removal not specified in later than 10 years after the date of the lenge to the original order.’’. the Immigration and Nationality Act or alien’s departure or removal (or not later (c) EFFECTIVE DATE.—The amendments where determined not to be inadmissible or than 20 years after’’. made by subsections (a) and (b) shall take ef- deportable. (b) BAR ON DISCRETIONARY RELIEF.—Sec- fect as if enacted on April 1, 1997, and shall (b) CONTENTS OF REPORT.—The report shall tion 274D of such Act (8 U.S.C. 324d) is apply to all orders reinstated or after that include a listing of each alien described in amended— date by the Secretary (or by the Attorney each paragraph of subsection (a), including (1) in subsection (a), by striking ‘‘Commis- General prior to March 1, 2003), regardless of when in the possession of the Department sioner’’ and inserting ‘‘Secretary of Home- the date of the original order. their names, fingerprint identification num- land Security’’; and SEC. l84. CLARIFICATION WITH RESPECT TO bers, alien registration numbers, and reason (2) by adding at the end the following: DEFINITION OF ADMISSION. why each was granted the type of prosecu- ‘‘(c) INELIGIBILITY FOR RELIEF.— Section 101(a)(13)(A) of the Immigration torial discretion received. The report shall ‘‘(1) IN GENERAL.—Unless a timely motion and Nationality Act (8 U.S.C. 1101(a)(13)(A)) also include current criminal histories on to reopen is granted under section 240(c)(6), is amended by adding at the end the fol- each alien from the Federal Bureau of Inves- an alien described in subsection (a) shall be lowing: ‘‘An alien’s adjustment of status to tigation. ineligible for any discretionary relief from that of lawful permanent resident status removal (including cancellation of removal under any provision of this Act, or under any CHAPTER l—OTHER MATTERS and adjustment of status) during the time other provision of law, shall be considered an SEC. l91. REQUIRING HEIGHTENED SCRUTINY the alien remains in the United States and ‘admission’ for any purpose under this Act, OF APPLICATIONS FOR ADMISSION even if the adjustment of status occurred FROM PERSONS LISTED ON TER- for a period of 10 years after the alien’s de- RORIST DATABASES. while the alien was present in the United parture from the United States. Section 222 (8 U.S.C. 1202), as amended by States.’’. ‘‘(2) SAVINGS PROVISION.—Nothing in para- section 4410, is further amended by adding at graph (1) shall preclude a motion to reopen SEC. l85. REPORTS TO CONGRESS ON THE EXER- the end the following: CISE AND ABUSE OF PROSECU- to seek withholding of removal under section ‘‘(j) REQUIRING HEIGHTENED SCRUTINY OF TORIAL DISCRETION. 241(b)(3) or protection against torture, if the APPLICATIONS FOR ADMISSION FROM PERSONS (a) IN GENERAL.—Not later than 180 days motion— LISTED ON TERRORIST DATABASES.— after the end of each fiscal year, the Sec- ‘‘(A) presents material evidence of changed ‘‘(1) REQUIREMENT FOR BIOGRAPHIC AND BIO- retary and the Attorney General shall each country conditions arising after the date of METRIC SCREENING.—Notwithstanding any the final order of removal in the country to provide to the Committees on the Judiciary of the House of Representatives and of the other provision of this Act, the Secretary of which the alien would be removed; and Senate a report on the following: State shall require every alien applying for ‘‘(B) makes a sufficient showing to the sat- (1) Aliens apprehended or arrested by State admission to the United States to submit to isfaction of the Attorney General that the or local law enforcement agencies who were biographic and biometric screening to deter- alien is otherwise eligible for such protec- identified by the Department in the previous mine whether the alien’s name or biometric tion.’’. fiscal year and for whom the Department did information is listed in any terrorist watch (c) EFFECTIVE DATES.—The amendments list or database maintained by any agency or made by this section shall take effect on the not issue detainers and did not take into cus- tody despite the Department’s findings that department of the United States. date of the enactment of this Act with re- ‘‘(2) EXCLUSIONS.—No alien applying for a spect to aliens who are subject to a final the aliens were inadmissible or deportable. (2) Aliens who were applicants for admis- visa to the United States shall be granted order of removal entered before, on, or after such visa by a consular officer if the alien’s such date. sion in the previous fiscal year but not clear- ly and beyond a doubt entitled to be admit- name or biometric information is listed in SEC. l83. REINSTATEMENT OF REMOVAL OR- ted by an immigration officer and who were any terrorist watch list or database referred DERS. to in paragraph (1) unless— (a) IN GENERAL.—Section 241(a)(5) of the not detained as required pursuant to section ‘‘(A) screening of the alien’s visa applica- Immigration and Nationality Act (8 U.S.C. 235(b)(2)(A) of the Immigration and Nation- tion against interagency counterterrorism 1231(a)(5)) is amended to read as follows: ality Act (8 U.S.C. 1225(b)(2)(A)). screening systems which compare the appli- ‘‘(5) REINSTATEMENT OF REMOVAL ORDERS (3) Aliens who in the previous fiscal year cant’s information against data in all AGAINST ALIENS ILLEGALLY REENTERING.—If were found by Department officials per- counterterrorism watch lists and databases the Secretary of Homeland Security finds forming duties related to the adjudication of reveals no potentially pertinent links to ter- that an alien has entered the United States applications for immigration benefits or the rorism; illegally after having been removed, de- enforcement of the immigration laws to be ‘‘(B) the consular officer submits the appli- ported, or excluded or having departed vol- inadmissible or deportable who were not cation for further review to the Secretary of untarily, under an order of removal, deporta- issued notices to appear pursuant to section State and the heads of other relevant agen- tion, or exclusion, regardless of the date of 239 of such Act (8 U.S.C. 1229) or placed into cies, including the Secretary of Homeland the original order or the date of the illegal removal proceedings pursuant to section 240 Security and the Director of National Intel- entry— (8 U.S.C. 1229a), unless the aliens were placed into expedited removal proceedings pursuant ligence; and ‘‘(A) the order of removal, deportation, or to section 235(b)(1)(A)(i) (8 U.S.C. ‘‘(C) the Secretary of State, after consulta- exclusion is reinstated from its original date 1225(b)(1)(A)(5)) or section 238 (8 U.S.C. 1228), tion with the Secretary of Homeland Secu- and is not subject to being reopened or re- were granted voluntary departure pursuant rity, the Director of National Intelligence, viewed notwithstanding section 242(a)(2)(D); to section 240B, were granted relief from re- and the heads of other relevant agencies, cer- ‘‘(B) the alien is not eligible and may not moval pursuant to statute, were granted tifies that the alien is admissible to the apply for any relief under this Act, regard- legal nonimmigrant or immigrant status United States.’’. less of the date that an application or re- pursuant to statute, or were determined not SEC. l92. VISA REVOCATION. quest for such relief may have been filed or to be inadmissible or deportable. (a) AUTHORITY OF THE SECRETARY OF HOME- made; and (4) Aliens issued notices to appear that LAND SECURITY AND THE SECRETARY OF ‘‘(C) the alien shall be removed under the were cancelled in the previous fiscal year de- STATE.— order of removal, deportation, or exclusion spite the Department’s findings that the (1) IN GENERAL.—Section 428 of the Home- at any time after the illegal entry. aliens were inadmissible or deportable, un- land Security Act of 2002 (6 U.S.C. 236) is Reinstatement under this paragraph shall less the aliens were granted relief from re- amended by striking subsections (b) and (c) not require proceedings under section 240 or moval pursuant to statute, were granted vol- and inserting the following: other proceedings before an immigration untary departure pursuant to section 240B of ‘‘(b) AUTHORITY OF THE SECRETARY OF judge’’. such Act (8 U.S.C. 1229c), or were granted HOMELAND SECURITY.— (b) JUDICIAL REVIEW.—Section 242 of the legal nonimmigrant or immigrant status ‘‘(1) IN GENERAL.—Notwithstanding section Immigration and Nationality Act (8 U.S.C. pursuant to statute. 104(a) of the Immigration and Nationality

VerDate Mar 15 2010 03:08 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00081 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5184 CONGRESSIONAL RECORD — SENATE June 25, 2013

Act (8 U.S.C. 1104(a)) or any other provision the date of the enactment of this Act and (b) REPAYMENT OF APPROPRIATED FUNDS.— of law, and except as provided in subsection shall apply to a visa issued before, on, or Twenty percent of the funds collected each (c) and except for the authority of the Sec- after such date. fiscal year under the heading ‘‘Diplomatic retary of State under subparagraphs (A) and SEC. l94. VISA INFORMATION SHARING. and Consular Programs’’ in the Department (G) of section 101(a)(15) of the Immigration (a) IN GENERAL.—Section 222(f) (8 U.S.C. of State and Related Agency Appropriations and Nationality Act (8 U.S.C. 1101(a)(15)), the 1202(f)(2)) is amended— Act, 2005 (title IV of division B of Public Law Secretary— (1) by striking ‘‘issuance or refusal’’ and 108-447), as amended by subsection (a), shall ‘‘(A) shall have exclusive authority to inserting ‘‘issuance, refusal, or revocation’’; be deposited into the general fund of the issue regulations, establish policy, and ad- (2) in paragraph (2), by striking ‘‘and on Treasury as repayment of funds appropriated minister and enforce the provisions of the the basis of reciprocity’’; pursuant to section 407(c) of this Act until Immigration and Nationality Act (8 U.S.C. (3) in paragraph (2)(A)— the entire appropriated sum has been repaid. 1101 et seq.) and all other immigration or na- (A) by inserting ‘‘ (i)’’ after ‘‘for the pur- SEC. l97. EXPEDITIOUS EXPANSION OF VISA SE- tionality laws relating to the functions of pose of’’; and CURITY PROGRAM TO HIGH-RISK consular officers of the United States in con- (B) by striking ‘‘illicit weapons; or’’ and POSTS. nection with the granting and refusal of a inserting ‘‘illicit weapons, or (ii) deter- (a) IN GENERAL.—Section 428(i) of the visa; and mining a person’s deportability or eligibility Homeland Security Act of 2002 (6 U.S.C. ‘‘(B) may refuse or revoke any visa to any for a visa, admission, or other immigration 236(i)) is amended to read as follows: ‘‘(i) VISA ISSUANCE AT DESIGNATED HIGH- alien or class of aliens if the Secretary, or benefit;’’; RISK POSTS.—Notwithstanding any other pro- designee, determines that such refusal or (4) in paragraph (2)(B)— vision of law, the Secretary of Homeland Se- revocation is necessary or advisable in the (A) by striking ‘‘for the purposes’’ and in- curity shall conduct an on-site review of all security interests of the United States. serting ‘‘for one of the purposes’’; and visa applications and supporting documenta- ‘‘(2) EFFECT OF REVOCATION.—The revoca- (B) by striking ‘‘or to deny visas to persons tion before adjudication at the top 30 visa- tion of any visa under paragraph (1)(B)— who would be inadmissible to the United issuing posts designated jointly by the Sec- ‘‘(A) shall take effect immediately; and States’’ and inserting ‘‘; or’’; and retaries of State and Homeland Security as ‘‘(B) shall automatically cancel any other (5) by adding before the period at the end high-risk posts.’’. valid visa that is in the alien’s possession. the following: (b) ASSIGNMENT OF PERSONNEL.—Not later ‘‘(3) JUDICIAL REVIEW.—Notwithstanding ‘‘(C) with regard to any or all aliens in the than one year after the date of enactment of any other provision of law, including section database specified data elements from each this section, the Secretary of Homeland Se- 2241 of title 28, United States Code, or any record, if the Secretary of State determines curity shall assign personnel to the visa- other habeas corpus provision, and sections that it is in the national interest to provide issuing posts referenced in section 428(i) of 1361 and 1651 of such title, no court shall such information to a foreign government.’’. the Homeland Security Act of 2002 (6 U.S.C. have jurisdiction to review a decision by the (b) EFFECTIVE DATE.—The amendments 236(i)), as amended by this section, and com- Secretary of Homeland Security to refuse or made by subsection (a) shall take effect 60 municate such assignments to the Secretary revoke a visa, and no court shall have juris- days after the date of the enactment of the of State. diction to hear any claim arising from, or Act. (c) APPROPRIATIONS.—There is authorized any challenge to, such a refusal or revoca- SEC. l95. AUTHORIZING THE DEPARTMENT OF tion. to be appropriated $60,000,000 for each of the STATE TO NOT INTERVIEW CERTAIN fiscal years 2014 and 2015, which shall be used ‘‘(c) AUTHORITY OF THE SECRETARY OF INELIGIBLE VISA APPLICANTS. to expedite the implementation of section STATE.— (a) IN GENERAL.—Section 222(h)(1) (8 U.S.C. 428(i) of the Homeland Security Act, as ‘‘(1) IN GENERAL.—The Secretary of State 1202(h)(1)) is amended by inserting ‘‘ the amended by this section. may direct a consular officer to refuse a visa alien is determined by the Secretary of State requested by an alien if the Secretary of to be ineligible for a visa based upon review SEC. l98. EXPEDITED CLEARANCE AND PLACE- State determines such refusal to be nec- MENT OF DEPARTMENT OF HOME- of the application or’’ after ‘‘unless’’. LAND SECURITY PERSONNEL AT essary or advisable in the interests of the (b) GUIDANCE.—Not later than 90 days after OVERSEAS EMBASSIES AND CON- United States. the date of the enactment of this Act, the SULAR POSTS. ‘‘(2) LIMITATION.—No decision by the Sec- Secretary of State shall issue guidance to Section 428 of the Homeland Security Act retary of State to approve a visa may over- consular officers on the standards and proc- of 2002 (6 U.S.C. 236) is amended by adding at ride a decision by the Secretary of Homeland esses for implementing the authority to deny the end the following: Security under subsection (b).’’. visa applications without interview in cases ‘‘(j) EXPEDITED CLEARANCE AND PLACEMENT (2) CONFORMING AMENDMENT.—Section where the alien is determined by the Sec- OF DEPARTMENT OF HOMELAND SECURITY PER- 237(a)(1)(B) (8 U.S.C. 1227(a)(1)(B)) is amended retary of State to be ineligible for a visa SONNEL AT OVERSEAS EMBASSIES AND CON- by striking ‘‘under section 221(i)’’. based upon review of the application. SULAR POSTS.—Notwithstanding any other (3) EFFECTIVE DATE.—The amendment (c) REPORTS.—Not less frequently than provision of law, and the processes set forth made by paragraph (1) shall take effect on once each quarter, the Secretary of State in National Security Defense Directive 38 the date of the enactment of this Act and shall submit to the Congress a report on the (dated June 2, 1982) or any successor Direc- shall apply to visa refusals and revocations denial of visa applications without inter- tive, the Chief of Mission of a post to which occurring before, on, or after such date. view, including— the Secretary of Homeland Security has as- (b) TECHNICAL CORRECTIONS TO THE HOME- (1) the number of such denials; and signed personnel under subsection (e) or (i) LAND SECURITY ACT.—Section 428(a) of the (2) a post-by-post breakdown of such deni- shall ensure, not later than one year after Homeland Security Act of 2002 (6 U.S.C. 236) als. the date on which the Secretary of Homeland is amended by— SEC. l96. FUNDING FOR THE VISA SECURITY Security communicates such assignment to (1) striking ‘‘subsection’’ and inserting PROGRAM. the Secretary of State, that such personnel ‘‘section’’; and (a) IN GENERAL.—The Department of State have been stationed and accommodated at (2) striking ‘‘consular office’’ and inserting and Related Agency Appropriations Act, 2005 post and are able to carry out their duties.’’. ‘‘consular officer’’. (title IV of division B of Public Law 108-447) SEC. l99. INCREASED CRIMINAL PENALTIES FOR (c) VISA REVOCATION INFORMATION.—Sec- is amended, in the fourth paragraph under STUDENT VISA INTEGRITY. tion 428 the heading ‘‘Diplomatic and Consular Pro- Section 1546 of title 18, United States Code, SEC. l93. CANCELLATION OF ADDITIONAL VISAS. grams’’, by striking ‘‘Beginning’’ through is amended by striking ‘‘10 years’’ and in- (a) IN GENERAL.—Section 222(g) (8 U.S.C. the period at the end and inserting the fol- serting ‘‘15 years (if the offense was com- 1202(g)) is amended— lowing: ‘‘Beginning in fiscal year 2005 and mitted by an owner, official, or employee of (1) in paragraph (1)— thereafter, the Secretary of State is author- an educational institution with respect to (A) by striking ‘‘Attorney General’’ and in- ized to charge surcharges related to consular such institution’s participation in the Stu- serting ‘‘Secretary’’; and services in support of enhanced border secu- dent and exchange Visitor Program), 10 (B) by inserting ‘‘and any other non- rity that are in addition to the immigrant years’’. immigrant visa issued by the United States visa fees in effect on January 1, 2004: Pro- SEC. l99A. VISA FRAUD. that is in the possession of the alien’’ after vided, That funds collected pursuant to this (a) TEMPORARY SUSPENSION OF SEVIS AC- ‘‘such visa’’; and authority shall be credited to the appropria- CESS.—Section 641(d) of the Illegal Immigra- (2) in paragraph (2)(A), by striking ‘‘(other tion for U.S. Immigration and Customs En- tion Reform and Immigrant Responsibility than the visa described in paragraph (1)) forcement for the fiscal year in which the Act of 1996 (8 U.S.C. 1372(d)) is amended— issued in a consular office located in the fees were collected, and shall be available (1) in paragraph (1)(A), by striking ‘‘insti- country of the alien’s nationality’’ and in- until expended for the funding of the Visa tution,,’’ and inserting ‘‘institution,’’; and serting ‘‘(other than a visa described in para- Security Program established by the Sec- (2) by adding at the end the following: graph (1)) issued in a consular office located retary of Homeland Security under section ‘‘(3) EFFECT OF REASONABLE SUSPICION OF in the country of the alien’s nationality or 428(e) of the Homeland Security Act of 2002 FRAUD.—If the Secretary of Homeland Secu- foreign residence’’. (Public Law 107–296): Provided further, That rity has reasonable suspicion that an owner (b) EFFECTIVE DATE.—The amendment such surcharges shall be 10 percent of the fee of, or a designated school official at, an ap- made by subsection (a) shall take effect on assessed on immigrant visa applications.’’. proved institution of higher education, an

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00082 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5185

other approved educational institution, or a (b) EFFECTIVE DATE.—The amendment retary and by the Federal Aviation Adminis- designated exchange visitor program has made by subsection (a) shall take effect on tration have been removed from the program committed fraud or attempted to commit the date that is 1 year after the date of the and have been restricted from accessing fraud relating to any aspect of the Student enactment of this Act. SEVIS; and Exchange Visitor Program, the Sec- SEC. l99C. FLIGHT SCHOOLS NOT CERTIFIED BY (7) the standard operating procedures that retary may immediately suspend, without FAA. govern coordination among SEVP, Counter- notice, such official’s or such school’s access (a) IN GENERAL.—Except as provided in terrorism and Criminal Exploitation Unit, to the Student and Exchange Visitor Infor- subsection (b), the Secretary of Homeland and U.S. Immigration and Customs Enforce- mation System (SEVIS), including the abil- Security shall prohibit any flight school in ment field offices; and ity to issue Form I–20s, pending a final deter- the United States from accessing SEVIS or (8) the established criteria for referring mination by the Secretary with respect to issuing a Form I–20 to an alien seeking a stu- cases of a potentially criminal nature from the institution’s certification under the Stu- dent visa pursuant to subparagraph (F)(i) or SEVP to the counterterrorism and intel- dent and Exchange Visitor Program.’’. (M)(i) of section 101(a)(15) of the Immigration ligence community. (b) EFFECT OF CONVICTION FOR VISA and Nationality Act (8 U.S.C. 1101(a)(15)) if SEC. l99G. IMPLEMENTATION OF SEVIS II. FRAUD.—Such section 641(d), as amended by the flight school has not been certified to the Not later than 2 years after the date of the subsection (a)(2), is further amended by add- satisfaction of the Secretary and by the Fed- enactment of this Act, the Secretary of ing at the end the following: eral Aviation Administration pursuant to Homeland Security shall complete the de- ‘‘(4) PERMANENT DISQUALIFICATION FOR part 141 or part 142 of title 14, Code of Fed- ployment of both phases of the 2nd genera- FRAUD.—A designated school official at, or eral Regulations (or similar successor regu- tion Student and Exchange Visitor Informa- an owner of, an approved institution of high- lations). tion System (commonly known as ‘‘SEVIS er education, an other approved educational (b) TEMPORARY EXCEPTION.—During the 5- II’’). institution, or a designated exchange visitor year period beginning on the date of the en- program who is convicted for fraud relating actment of this Act, the Secretary may SEC. l99H. DEFINITIONS. to any aspect of the Student and Exchange waive the requirement under subsection (a) (a) DEFINITIONS.—In this subtitle: Visitor Program shall be permanently dis- that a flight school be certified by the Fed- (1) SEVIS.—The term ‘‘SEVIS’’ means the qualified from filing future petitions and eral Aviation Administration if such flight Student and Exchange Visitor Information from having an ownership interest or a man- school— System of the Department. agement role, including serving as a prin- (1) was certified under the Student and Ex- (2) SEVP.—The term ‘‘SEVP’’ means the cipal, owner, officer, board member, general change Visitor Program on the date of the Student and Exchange Visitor Program of partner, designated school official, or any enactment of this Act; the Department. other position of substantive authority for (2) submitted an application for certifi- SEC. l99I. ACCREDITATION REQUIREMENTS. the operations or management of the institu- cation with the Federal Aviation Adminis- (a) COLLEGES, UNIVERSITIES, AND LANGUAGE tion, in any United States educational insti- tration during the 1-year period beginning on TRAINING PROGRAMS.—Section 101(a) of the tution that enrolls nonimmigrant alien stu- such date; and Immigration and Nationality Act (8 U.S.C. dents described in subparagraph (F) or (M) of (3) continues to progress toward certifi- 1101(a)) is amended— section 101(a)(15) the Immigration and Na- cation by the Federal Aviation Administra- (1) in paragraph (15)(F)(i)— tionality Act (8 U.S.C. 1101(a)(15)).’’. tion. (A) by striking ‘‘section 214(1) at an estab- SEC. l99B. BACKGROUND CHECKS. SEC. l99D. REVOCATION OF ACCREDITATION. lished college, university, seminary, conserv- (a) IN GENERAL.—Section 641(d) of the Ille- At the time an accrediting agency or asso- atory or in an accredited language training gal Immigration Reform and Immigrant Re- ciation is required to notify the Secretary of program in the United States’’ and inserting sponsibility Act of 1996 (8 U.S.C. 1372(d)), as Education and the appropriate State licens- ‘‘section 214(m) at an accredited college, uni- amended by section 411(b) of this Act, is fur- ing or authorizing agency of the final denial, versity, or language training program, or at ther amended by adding at the end the fol- withdrawal, suspension, or termination of an established seminary, conservatory, aca- lowing: accreditation of an institution pursuant to demic high school, elementary school, or ‘‘(5) BACKGROUND CHECK REQUIREMENT.— section 496 of the Higher Education Act of other academic institution in the United ‘‘(A) IN GENERAL.—An individual may not 1965 (20 U.S.C. 1099b), such accrediting agen- States’’; and serve as a designated school official or be cy or association shall notify the Secretary (B) by striking ‘‘Attorney General’’ each granted access to SEVIS unless the indi- of Homeland Security of such determination place such term appears and inserting ‘‘Sec- vidual is a national of the United States or and the Secretary of Homeland Security retary of Homeland Security’’; and an alien lawfully admitted for permanent shall immediately withdraw the school from (C) by amending paragraph (52) to read as residence and during the most recent 3-year the SEVP and prohibit the school from ac- follows: period— cessing SEVIS. ‘‘(52) Except as provided in section ‘‘(i) the Secretary of Homeland Security SEC. l99E. REPORT ON RISK ASSESSMENT. 214(m)(4), the term ‘accredited college, uni- has— Not later than 180 days after the date of versity, or language training program’ ‘‘(I) conducted a thorough background the enactment of this Act, the Secretary means a college, university, or language check on the individual, including a review shall submit to the Committee on the Judici- training program that is accredited by an ac- of the individual’s criminal and sex offender ary of the Senate and the Committee on the crediting agency recognized by the Secretary history and the verification of the individ- Judiciary of the House of Representatives a of Education.’’. ual’s immigration status; and report that contains the risk assessment (b) OTHER ACADEMIC INSTITUTIONS.—Sec- ‘‘(II) determined that the individual has strategy that will be employed by the Sec- tion 214(m) (8 U.S.C. 1184(m)) is amended by not been convicted of any violation of United retary to identify, investigate, and take ap- adding at the end the following: States immigration law and is not a risk to propriate action against schools and school ‘‘(3) The Secretary of Homeland Security national security of the United States; and officials that are facilitating the issuance of shall require accreditation of an academic ‘‘(ii) the individual has successfully com- Form I–20 and the maintenance of student institution (except for seminaries or other pleted an on-line training course on SEVP visa status in violation of the immigration religious institutions) for purposes of section and SEVIS, which has been developed by the laws of the United States. 101(a)(15)(F) if— Secretary. SEC. l99F. IMPLEMENTATION OF GAO REC- ‘‘(A) that institution is not already re- ‘‘(B) INTERIM DESIGNATED SCHOOL OFFI- OMMENDATIONS. quired to be accredited under section CIAL.— Not later than 180 days after the date of 101(a)(15)(F)(i); and ‘‘(i) IN GENERAL.—An individual may serve the enactment of this act, the Secretary of ‘‘(B) an appropriate accrediting agency as an interim designated school official dur- Homeland Security shall submit to the Com- recognized by the Secretary of Education is ing the period that the Secretary is con- mittee on the Judiciary of the Senate and able to provide such accreditation. ducting the background check required by the Committee on the Judiciary of the House ‘‘(4) The Secretary of Homeland Security, subparagraph (A)(i)(I). of Representatives a report that describes— in the Secretary’s discretion, may waive the ‘‘(ii) REVIEWS BY THE SECRETARY.—If an in- (1) the process in place to identify and as- accreditation requirement in paragraph (3) dividual serving as an interim designated sess risks in the SEVP; or section 101(a)(15)(F)(i) with respect to an school official under clause (i) does not suc- (2) a risk assessment process to allocate institution if such institution— cessfully complete the background check re- SEVP’s resources based on risk; ‘‘(A) is otherwise in compliance with the quired by subparagraph (A)(i)(I), the Sec- (3) the procedures in place for consistently requirements of section 101(a)(15)(F)(i); and retary shall review each Form I–20 issued by ensuring a school’s eligibility, including con- ‘‘(B) has been a candidate for accreditation such interim designated school official. sistently verifying in lieu of letters; for at least 1 year and continues to progress ‘‘(6) FEE.—The Secretary is authorized to (4) how SEVP identified and addressed toward accreditation by an accrediting agen- collect a fee from an approved school for missing school case files; cy recognized by the Secretary of Edu- each background check conducted under (5) a plan to develop and implement a proc- cation.’’. paragraph (6)(A)(i). The amount of such fee ess to monitor state licensing and accredita- (c) EFFECTIVE DATE.— shall be equal to the average amount ex- tion status of all SEVP-certified schools; (1) IN GENERAL.—Except as provided in pended by the Secretary to conducted such (6) whether all flight schools that have not paragraph (2), the amendments made by this background checks.’’. been certified to the satisfaction of the Sec- section shall—

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00083 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5186 CONGRESSIONAL RECORD — SENATE June 25, 2013 (A) take effect on the date that is 180 days quire additional unmanned aerial vehicles or ‘‘(ii) is inadmissible under section 212(a), after the date of enactment of this Act; and unmanned aircraft systems until after the except that in determining an alien’s inad- (B) apply with respect to applications for Inspector General of the Department sub- missibility— nonimmigrant visas that are filed on or after mits a report to Congress, which certifies ‘‘(I) paragraphs (4), (5), (7), and (9)(B) of the effective date described in subparagraph that U.S. Customs and Border Protection has section 212(a) shall not apply; (A). implemented all the recommendations con- ‘‘(II) subparagraphs (A), (C), (D), (F), and (2) TEMPORARY EXCEPTION.—During the 3- tained in the report submitted by the Office (G) of section 212(a)(6) and paragraphs (9)(C) year period beginning on the effective date of the Inspector General of the Department and (10)(B) of section 212(a) shall not apply described in paragraph (1)(A), an institution to U.S. Customs and Border Protection on unless based on the act of unlawfully enter- that is newly required to be accredited under May 30, 2012, titled ‘‘CBP’s Use of Unmanned ing the United States after the date of the this section may continue to participate in Aircraft Systems in the Nation’s Border Se- enactment of the Border Security, Economic the Student and Exchange Visitor Program curity’’, including— Opportunity, and Immigration Moderniza- notwithstanding the institution’s lack of ac- (1) analyzing requirements and developing tion Act; and creditation if the institution— plans to achieve the unmanned aerial system ‘‘(III) paragraphs (6)(B) and (9)(A) of sec- (A) was certified under the Student and mission availability objective and acquiring tion 212(a) shall not apply unless the rel- Exchange Visitor Program on such date; funding to provide necessary operations, evant conduct began on or after the date on (B) submitted an application for accredita- maintenance, and equipment; which the alien files an application for reg- tion to an accrediting agency recognized by (2) developing and implementing proce- istered provisional immigrant status under the Secretary of Education during the 6- dures to coordinate and support stake- this section; month period ending on such date; and holders’ mission requests; and ‘‘(iii) is an alien who the Secretary knows (C) continues to progress toward accredita- (3) establishing interagency agreements or has reasonable grounds to believe, is en- tion by such accrediting agency. with external stakeholders for reimburse- gaged in or is likely to engage after entry in SEC. l99J. VISA FRAUD. ment of expenses incurred fulfilling mission any terrorist activity (as defined in section (a) TEMPORARY SUSPENSION OF SEVIS AC- requests, to the extent authorized by law. 212(a)(3)(B)(iv)); or CESS.—Section 641(d) of the Illegal Immigra- ‘‘(iv) was, on April 16, 2013— tion Reform and Immigrant Responsibility SA 1688. Mr. COBURN submitted an ‘‘(I) an alien lawfully admitted for perma- Act of 1996 (8 U.S.C. 1372(d)) is amended— amendment intended to be proposed by nent residence; (1) in paragraph (1)(A), by striking ‘‘insti- him to the bill S. 744, to provide for ‘‘(II) an alien admitted as a refugee under tution,,’’ and inserting ‘‘institution,’’; and section 207 or granted asylum under section (2) by adding at the end the following: comprehensive immigration reform 208; or ‘‘(3) EFFECT OF REASONABLE SUSPICION OF and for other purposes; which was or- ‘‘(III) an alien who, according to the FRAUD.—If the Secretary of Homeland Secu- dered to lie on the table; as follows: records of the Secretary or the Secretary of rity has reasonable suspicion that an owner At the appropriate place, insert the fol- State, is lawfully present in the United of, or a designated school official at, an ap- lowing: States in any nonimmigrant status (other proved institution of higher education, an SEC. ll. GROUNDS FOR INELIGIBILITY FOR than an alien considered to be a non- other approved educational institution, or a REGISTERED PROVISIONAL IMMI- immigrant solely due to the application of designated exchange visitor program has GRANT STATUS. section 244(f)(4) or the amendment made by committed fraud or attempted to commit Section 245B(b) of the Immigration and Na- section 702 of the Consolidated Natural Re- fraud relating to any aspect of the Student tionality Act, as added by section 2101, is sources Act of 2008 (Public Law 110–229)), not- and Exchange Visitor Program, the Sec- further amended by striking paragraph (3) withstanding any unauthorized employment retary may immediately suspend, without and inserting the following: or other violation of nonimmigrant status. notice, such official’s or such school’s access ‘‘(3) GROUNDS FOR INELIGIBILITY.— ‘‘(B) WAIVER.— to the Student and Exchange Visitor Infor- ‘‘(A) IN GENERAL.—Except as provided in ‘‘(i) IN GENERAL.—The Secretary may waive mation System (SEVIS), including the abil- subparagraph (B), an alien is ineligible for the application of any provision of section ity to issue Form I–20s, pending a final deter- registered provisional immigrant status if 212(a) that is not listed in clause (ii) on be- mination by the Secretary with respect to the Secretary determines that the alien— half of an alien for humanitarian purposes, the institution’s certification under the Stu- ‘‘(i) has a conviction for— to ensure family unity, or if such a waiver is dent and Exchange Visitor Program.’’. ‘‘(I) an offense classified as a felony in the otherwise in the public interest. Any discre- (b) EFFECT OF CONVICTION FOR VISA convicting jurisdiction (other than a State tionary authority to waive grounds of inad- FRAUD.—Such section 641(d), as amended by or local offense for which an essential ele- missibility under section 212(a) conferred subsection (a)(2), is further amended by add- ment was the alien’s immigration status, or under any other provision of this Act shall ing at the end the following: a violation of this Act); apply equally to aliens seeking registered ‘‘(4) PERMANENT DISQUALIFICATION FOR ‘‘(II) an aggravated felony (as defined in provisional status under this section. FRAUD.—A designated school official at, or section 101(a)(43) at the time of the convic- ‘‘(ii) EXCEPTIONS.—The discretionary au- an owner of, an approved institution of high- tion); thority under clause (i) may not be used to er education, an other approved educational ‘‘(III) an offense (unless the applicant dem- waive— institution, or a designated exchange visitor onstrates, by clear and convincing evidence, ‘‘(I) subparagraph (B), (C), (D)(ii), (E), (G), program who is convicted for fraud relating that he or she is innocent of the offense, that (H), or (I) of section 212(a)(2); to any aspect of the Student and Exchange he or she is the victim of such offense, or ‘‘(II) section 212(a)(3); Visitor Program shall be permanently dis- that no offense occurred), which is classified ‘‘(III) subparagraph (A), (C), (D), or (E) of qualified from filing future petitions and as a misdemeanor in the convicting jurisdic- section 212(a)(10); or from having an ownership interest or a man- tion, and which involved— ‘‘(IV) with respect to misrepresentations agement role, including serving as a prin- ‘‘(aa) domestic violence or child abuse and relating to the application for registered cipal, owner, officer, board member, general neglect (as such terms are defined in section provisional immigrant status, section partner, designated school official, or any 40002(a) of the Violence Against Women Act 212(a)(6)(C)(i). other position of substantive authority for of 1994 (42 U.S.C. 13925(a))); ‘‘(C) CONVICTION EXPLAINED.—For purposes the operations or management of the institu- ‘‘(bb) assault resulting in bodily injury or of this paragraph, the term ‘conviction’ does tion, in any United States educational insti- the violation of a protection order (as such not include a judgment that has been ex- tution that enrolls nonimmigrant alien stu- terms are defined in section 2266 of title 18, punged, set aside, or the equivalent. dents described in subparagraph (F) or (M) of United States Code); or ‘‘(D) RULE OF CONSTRUCTION.—Nothing in section 101(a)(15) the Immigration and Na- ‘‘(cc) driving while intoxicated (as defined this paragraph may be construed to require tionality Act (8 U.S.C. 1101(a)(15)).’’. in section 164 of title 23, United States Code); the Secretary to commence removal pro- ceedings against an alien.’’. SA 1687. Mr. MANCHIN submitted an ‘‘(IV) 2 or more misdemeanor offenses (other than minor traffic offenses or State or amendment intended to be proposed by local offenses for which an essential element SA 1689. Mr. COBURN submitted an him to the bill S. 744, to provide for was the alien’s immigration status or viola- amendment intended to be proposed by comprehensive immigration reform tions of this Act); him to the bill S. 744, to provide for and for other purposes; which was or- ‘‘(V) any offense under foreign law, except comprehensive immigration reform dered to lie on the table; as follows: for a purely political offense, which, if the and for other purposes; which was or- At the appropriate place, insert the fol- offense had been committed in the United dered to lie on the table; as follows: lowing: States, would render the alien inadmissible At the appropriate place, insert the fol- SEC. lll. ACQUISITION OF ADDITIONAL UN- under section 212(a) (excluding the para- lowing: MANNED AERIAL VEHICLES AND UN- graphs set forth in clause (ii)) or removable SEC. ll. ELIMINATION OF GOVERNMENT-FUND- MANNED AERIAL SYSTEMS. under section 237(a), except as provided in ED COUNSEL FOR ALIENS IN IMMI- Notwithstanding paragraphs (1) and (2) of paragraph (3) of section 237(a); or GRATION PROCEEDINGS. section 1106(a), the Commissioner of U.S. ‘‘(VI) unlawful voting (as defined in section (a) APPOINTMENT OF COUNSEL IN IMMIGRA- Customs and Border Protection may not ac- 237(a)(6)); TION PROCEEDINGS.—Section 292 (8 U.S.C.

VerDate Mar 15 2010 03:08 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00084 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.023 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5187

1362), as amended by section 3502, is further (b) CONFORMING AMENDMENT.—Section cedures as if the United States attorney had amended— 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by received a certification under sections 102 (1) in subsection (a), by inserting ‘‘(at no striking ‘‘collected under paragraphs (9) and through 104 of the Revised Statutes of the expense to the Government)’’ after ‘‘being (11) of section 214(c).’’ and inserting ‘‘de- United States (2 U.S.C. 192 through 194). represented’’; scribed in clause (i), (ii)(I), and (ii)(II) of (c) SUNSET.—Notwithstanding section (2) in subsection (b), by striking the second paragraph (9)(C) of section 214(c) and col- 1113(e), the DHS Task Force shall continue sentence; and lected under paragraph (11) of such section.’’. operations indefinitely. (3) by striking subsection (c). (b) APPOINTMENT OF COUNSEL IN REMOVAL SA 1691. Mr. UDALL of New Mexico SA 1692. Mr. UDALL of New Mexico PROCEEDINGS.—Section 240(b)(4) (8 U.S.C. submitted an amendment intended to (for himself and Mr. HEINRICH) sub- 1229a(b)(4)), as amended by section 3502, is be proposed by him to the bill S. 744, to mitted an amendment intended to be further amended— provide for comprehensive immigration (1) in subparagraph (A), by inserting ‘‘, at proposed by him to the bill S. 744, to reform and for other purposes; which provide for comprehensive immigration no expense to the Government,’’ after ‘‘being was ordered to lie on the table; as fol- represented’’; and reform and for other purposes; which (2) in the flush text at the end, by striking lows: was ordered to lie on the table; as fol- the second sentence. At the appropriate place, insert the fol- lows: (c) REPEAL.—Subsections (b), (c), and (d) of lowing: section 2104 of this Act and the amendments SEC. lll. DEPARTMENT OF HOMELAND SECU- At the appropriate place, insert the fol- to section 242 of the Immigration and Na- RITY BORDER OVERSIGHT TASK lowing: tionality Act made by section 2104(b) of this FORCE MODIFICATIONS. SEC. lll. ADDITIONAL PERMANENT DISTRICT Act are repealed. (a) HEARINGS AND EVIDENCE.— COURT JUDGESHIPS IN NEW MEX- (d) ELIMINATION OF OFFICE OF LEGAL AC- (1) IN GENERAL.—Notwithstanding section ICO. CESS PROGRAMS.—Notwithstanding section 1113(b)(1), the Department of Homeland Se- (a) IN GENERAL.—The President shall ap- 3503, the Attorney General may not establish curity Border Oversight Task Force estab- point, by and with the advice and consent of or maintain an Office of Legal Access Pro- lished under section 1113 (referred to in this the Senate, 1 additional district judge for the grams. section as the ‘‘DHS Task Force’’) or, on the district of New Mexico. authority of the DHS Task Force, any por- (b) CONVERSION OF TEMPORARY JUDGESHIP SA 1690. Mr. MORAN (for himself and tion of the DHS Task Force, may, for the TO PERMANENT JUDGESHIP.—The existing Ms. LANDRIEU) submitted an amend- purpose of carrying out this section— judgeship for the district of New Mexico au- ment intended to be proposed by him (A) hold hearings, sit and act, take testi- thorized by section 312(c) of the 21st Century to the bill S. 744, to provide for com- mony, receive evidence, administer oaths; Department of Justice Appropriations Au- prehensive immigration reform and for and thorization Act (28 U.S.C. 133 note; Public other purposes; which was ordered to (B) subject to subsection (b), require, by Law 107–273; 116 Stat. 1788), as of the effective lie on the table; as follows: subpoena or otherwise provide for, the at- date of this Act, shall be authorized under tendance and testimony of such witnesses section 133 of title 28, United States Code, At the appropriate place, insert the fol- and the production of such books, records, and the incumbent in that office shall hold lowing: correspondence, memoranda, papers, and the office under section 133 of title 28, United SEC. ll. ADDITIONAL REQUIREMENTS FOR documents, as the DHS Task Force, or such States Code, as amended by this Act. STEM EDUCATION PROGRAMS. portion thereof, may determine advisable. (c) TECHNICAL AND CONFORMING AMEND- (a) LOW-INCOME STEM SCHOLARSHIP PRO- (2) OPEN TO THE PUBLIC.—Hearings and MENT.—The table contained in section 133(a) GRAM.—For purposes of paragraph (3)(B) of other activities conducted under paragraph of title 28, United States Code, is amended by 286(s) of the Immigration and Nationality (1) shall be open to the public unless the DHS striking the item relating to the district of Act, as added by section 4104(b), the Director Task Force, or, on the authority of the DHS of the National Science Foundation shall New Mexico and inserting the following: consider veterans to be an underrepresented Task Force, any portion of the DHS Task group. Force, determines that such is not appro- (b) NATIONAL EVALUATION.—In conducting priate, including for reasons relating to the ‘‘New Mexico ...... 8’’. the annual evaluation of the implementation disclosure of information or material regard- and impact of the activities funded by the ing the national security interests of the SA 1693. Mr. UDALL of New Mexico STEM Education and Training Account United States or the disclosure of sensitive (for himself and Mr. HEINRICH) sub- under section 4104(d), the Secretary of Edu- law enforcement data. (b) SUBPOENAS.— mitted an amendment intended to be cation shall include an assessment of— proposed by him to the bill S. 744, to (1) engagement in STEM fields of underrep- (1) ISSUANCE.— resented groups such as women and minori- (A) IN GENERAL.—A subpoena may be issued provide for comprehensive immigration ties; and under this subsection only— reform and for other purposes; which (2) achievement in STEM fields of under- (i) by the agreement of the Chair and the was ordered to lie on the table; as fol- represented groups such as women and mi- Vice Chair; or lows: (ii) by the affirmative recorded vote of 16 norities. At the appropriate place, insert the fol- members of the DHS Task Force. (c) IDENTIFYING AND DISSEMINATING BEST lowing: PRACTICES.—The Secretary of Education (B) SIGNATURE.—Subpoenas issued under shall, directly or through a grant or con- this subsection may be— SEC. 5. BORDER ENFORCEMENT SECURITY TASK FORCE. tract, identify State best practices with re- (i) issued under the signature of the Chair (a) IN GENERAL.—The Secretary shall en- spect to STEM education and share that in- and Vice Chair or any member designated by hance law enforcement preparedness and formation broadly. a majority of the DHS Task Force; and operational readiness in the Southwest bor- SEC. ll. USE OF H–1B VISA FEES. (ii) served by any person designated by the der region by expanding the Border Enforce- (a) IN GENERAL.—Section 214(c)(9)(C) (8 Chair and Vice Chair or by any member des- ment Security Task Force (referred to in U.S.C. 1184(c)(9)(C)) is amended to read as ignated by a majority of the DHS Task this section as ‘‘BEST’’), established under follows: Force. ‘‘(C) Fees collected under this paragraph (2) ENFORCEMENT.— section 432 of the Homeland Security Act of shall be deposited in the Treasury as follows: (A) IN GENERAL.—In the case of contumacy 2002 (6 U.S.C. 240). ‘‘(i) Until the amount collected for a fiscal or failure to obey a subpoena issued under (b) UNITS TO BE EXPANDED.—The Secretary year under this paragraph equals $275,000,000, this subsection, the United States district shall expand the BEST units operating on in the H–1B Nonimmigrant Petitioner Ac- court for the judicial district in which the the date of the enactment of this Act in New count for use in accordance with section subpoenaed person resides, is served, or may Mexico, Texas, Arizona, and California by in- 286(s). be found, or where the subpoena is return- creasing the funding available for oper- ‘‘(ii) After the amount collected for a fiscal able, may issue an order requiring such per- ational, administrative, and technological year under this paragraph exceeds son to produce documentary or other evi- costs associated with the participation of $275,000,000— dence. Any failure to obey the order of the Federal, State, local, and tribal law enforce- ‘‘(I) 5 percent shall be deposited in the H– court may be punished by the court as con- ment agencies in BEST. 1B Nonimmigrant Petitioner Account for use tempt of that court. (c) FUNDING.—There are authorized to be as described in paragraph (5) of section 286(s); (B) ADDITIONAL ENFORCEMENT.—In the case appropriated, from the Comprehensive Immi- ‘‘(II) 5 percent shall be deposited in the H– of any failure of any witness to comply with gration Reform Trust Fund established 1B Nonimmigrant Petitioner Account for use any subpoena, the Task Force may, by ma- under section 6(a)(1), such sums as may be as described in paragraph (6) of section 286(s); jority vote, certify a statement of fact con- necessary to carry out this subsection. and stituting such failure to the appropriate ‘‘(III) 90 percent shall be deposited in the United States attorney, who may bring the SA 1694. Mr. UDALL of New Mexico STEM Education and Training Account for matter before a grand jury for its action, submitted an amendment intended to use as described in section 286(w).’’. under the same statutory authority and pro- be proposed by him to the bill S. 744, to

VerDate Mar 15 2010 03:25 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00085 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.025 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5188 CONGRESSIONAL RECORD — SENATE June 25, 2013 provide for comprehensive immigration United States obligations under inter- Security, court, or grand jury, in each in- reform and for other purposes; which national agreements. stance about an individual suspect or group was ordered to lie on the table; as fol- of suspects, consistent with law, in connec- SA 1697. Mr. CORKER submitted an lows: tion with— amendment intended to be proposed by ‘‘(i) a criminal investigation or prosecu- At the appropriate place, insert the fol- him to the bill S. 744, to provide for tion; lowing: comprehensive immigration reform ‘‘(ii) a national security investigation or SEC. lll. ELIGIBLE USE OF GRANT FUNDS. and for other purposes; which was or- prosecution; or ‘‘(iii) a duly authorized investigation of a In addition to the uses described in section dered to lie on the table; as follows: 1104(c)(3), grants awarded under that section civil violation; and may be used for maintenance of, and im- At the appropriate place, insert the fol- ‘‘(B) an official coroner for purposes of af- provements to, all public roads, including lo- lowing: firmatively identifying a deceased indi- cally owned public roads and roads on tribal SEC. lll. SECURE COMMUNITIES. vidual, whether or not the death of such in- land— (a) IN GENERAL.—The Secretary shall ini- dividual resulted from a crime. (a) that are located within 100 miles of— tiate removal proceedings, in accordance ‘‘(3) INAPPLICABILITY AFTER DENIAL.—The (1) the Northern border; or with chapter 4 of title II of the Immigration limitations set forth in paragraph (1)— (2) the Southern border; and and Nationality Act (8 U.S.C. 1221 et seq.), ‘‘(A) shall apply only until— (b) on which federally owned motor vehi- against all individuals who are arrested for ‘‘(i) an application filed under section 245B, cles comprise more than 50 percent of the ve- an offense that poses a danger to the commu- 245C, 245D, or 245F of this Act or section 2211 hicular traffic. nity and are identified through Secure Com- of the Border Security, Economic Oppor- munities as— tunity, and Immigration Modernization Act SA 1695. Mr. BROWN (for himself, (1) unlawfully present in the United States; is denied; and Mr. MANCHIN, Mr. GRASSLEY, and Mr. (2) having previously been removed and not ‘‘(ii) all opportunities for administrative lawfully reentered; or appeal of the denial have been exhausted; SESSIONS) submitted an amendment in- (3) otherwise removable. and tended to be proposed by him to the (b) RULE OF CONSTRUCTION.—Nothing in ‘‘(B) shall not apply to the use of the infor- bill S. 744, to provide for comprehen- this section may be construed to limit the mation furnished pursuant to such applica- sive immigration reform and for other availability of any relief authorized under tion in any removal proceeding or other purposes; which was ordered to lie on the Immigration and Nationality Act. criminal or civil case or action relating to the table; as follows: (c) SEMIANNUAL REPORT.—Every 6 months, an alien whose application has been granted the Secretary shall submit a report to Con- that is based upon any violation of law com- At the appropriate place, insert the fol- gress that identifies, for the most recent 6- mitted or discovered after such grant. lowing: month and 12-month periods— ‘‘(4) CRIMINAL CONVICTIONS.—Notwith- SEC. lll. HIRE QUALIFIED AMERICANS FIRST. (1) the total number of individuals identi- standing any other provision of this section, Section 212(n)(1)(G) (8 U.S.C. 1182(n)(1)(G)), fied through Secure Communities as meeting information concerning whether the appli- as amended by section 4211(c)(2) of this Act, 1 of the conditions set forth in paragraphs (1) cant has, at any time, been convicted of a is further amended by striking clause (iii) through (3) of subsection (a); crime may be used or released for immigra- and inserting the following: (2) the number of individuals described in tion enforcement and law enforcement pur- ‘‘(iii) has offered the job to any United paragraph (1) against whom removal pro- poses. States worker who applies and is equally or ceedings were not initiated, categorized by ‘‘(5) AUDITING AND EVALUATION OF INFORMA- better qualified for the job for which the immigration status; TION.—The Secretary may— nonimmigrant or nonimmigrants is or are (3) of the individuals described in para- ‘‘(A) audit and evaluate information fur- sought.’’. graph (2), the total number who U.S. Immi- nished as part of any application filed under gration and Customs Enforcement were au- section 245B, 245C, 245D, or 245F for purposes SA 1696. Mr. BROWN submitted an thorized to take into custody and remove, of identifying immigration fraud or fraud amendment intended to be proposed by including individuals who are— schemes; and him to the bill S. 744, to provide for (A) unlawfully present; ‘‘(B) use any evidence detected by means of comprehensive immigration reform (B) unlawfully present and in removal pro- audits and evaluations for purposes of inves- and for other purposes; which was or- ceedings; tigating, prosecuting, referring for prosecu- tion, or denying or terminating immigration dered to lie on the table; as follows: (C) previously removed; (D) under warrant for removal; or benefits. At the appropriate place, insert the fol- (E) lawfully present and in removal pro- ‘‘(6) USE OF INFORMATION IN PETITIONS AND lowing: ceedings; and APPLICATIONS SUBSEQUENT TO ADJUSTMENT OF SEC. lll. USE OF AMERICAN IRON, STEEL, AND (4) of the individuals described in para- STATUS.—If the Secretary has adjusted an MANUFACTURED GOODS. graph (2), the total number who were re- alien’s status to that of an alien lawfully ad- (a) IN GENERAL.—None of the amounts ap- arrested on a separate occasion after pre- mitted for permanent residence pursuant to propriated or otherwise made available viously being identified through Secure section 245C, 245D, or 245F, the Secretary, at under this Act may be used for a project for Communities as meeting 1 of the conditions any time thereafter, may use the informa- the construction, alteration, maintenance, set forth in paragraphs (1) through (3) of sub- tion furnished by the alien in the application or repair of a fence along the Southern bor- section (a), categorized by immigration sta- for adjustment of status or in an application der unless all of the iron, steel, and manufac- tus and the type of offense that led to such for status under section 245B, 245C, 245D, or tured goods used in the fence are produced in rearrest. 245F to make a determination on any peti- the United States. tion or application. (b) WAIVER.—Subsection (a) shall not apply SA 1698. Mr. CORNYN submitted an ‘‘(7) CONSTRUCTION.—Nothing in this sec- in any case or category of cases in which the amendment intended to be proposed by tion may be construed to limit the use or re- head of the Federal department or agency in- him to the bill S. 744, to provide for lease, for immigration enforcement pur- volved finds that— comprehensive immigration reform poses, of information contained in files or (1) applying subsection (a) would be incon- records of the Secretary or the Attorney sistent with the public interest; and for other purposes; which was or- General pertaining to applications filed (2) iron, steel, and the relevant manufac- dered to lie on the table; as follows: under section 245B, 245C, 245D, or 245F other tured goods are not produced in the United At the end, add the following: than information furnished by an applicant States in sufficient and reasonably available SEC. ll. PROTECTION OF NATIONAL SECURITY in the application, or any other information quantities and of a satisfactory quality; or AND PUBLIC SAFETY. derived from the application, that is not (3) inclusion of iron, steel, and manufac- (a) DISCLOSURES.—Section 245E(a) (as available from any other source.’’. tured goods produced in the United States amended by section 2104(a)) is amended by (b) VISA INFORMATION SHARING.—Section will increase the cost of the overall project striking paragraphs (2) and (3) and inserting 222(f) (8 U.S.C. 1202(f)) is amended— by more than 25 percent. the following: (1) in the matter preceding paragraph (1), (c) PUBLICATION OF WAIVER JUSTIFICA- ‘‘(2) REQUIRED DISCLOSURES.—The Sec- by striking ‘‘issuance or refusal’’ and insert- TION.—If the head of a Federal department or retary shall provide the information fur- ing ‘‘issuance, refusal, or revocation’’; and agency determines that it is necessary to nished in an application filed under section (2) in paragraph (2)— waive the application of subsection (a) based 245B, 245C, 245D, or 245F of this Act or sec- (A) in the matter preceding subparagraph on a finding under subsection (b), the head of tion 2211 of the Border Security, Economic (A), by striking ‘‘discretion and on the basis the department or agency shall publish in Opportunity, and Immigration Moderniza- of reciprocity,’’ and inserting ‘‘discretion,’’; the Federal Register a detailed written jus- tion Act, and any other information derived (B) by striking subparagraph (A) and in- tification as to why the provision is being from such furnished information to— serting the following: waived. ‘‘(A) a law enforcement agency, intel- ‘‘(A) with regard to individual aliens, at (d) SAVINGS PROVISION.—This section shall ligence agency, national security agency, a any time on a case-by-case basis for the pur- be applied in a manner consistent with component of the Department of Homeland pose of—

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00086 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.026 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5189

‘‘(i) preventing, investigating, or punishing ‘‘(1) IN GENERAL.—Any property, real or of the Immigration and Nationality Act (8 acts that would constitute a crime in the personal, involved in or used to facilitate the U.S.C. 1325), regardless of whether the alien United States, including terrorism or traf- commission of a violation or attempted vio- is ultimately fined or imprisoned for an act ficking in controlled substances, persons, or lation of subsection (a), the gross proceeds of in violation of such section; or’’. illicit weapons; or such violation or attempted violation, and (d) LIFETIME DISQUALIFICATION.—Sub- ‘‘(ii) determining a person’s removability any property traceable to such property or section (d) of section 31310 of title 49, United or eligibility for a visa, admission, or other proceeds, shall be seized and subject to for- States Code, is amended to read as follows: immigration benefit;’’; feiture.’’. ‘‘(d) LIFETIME DISQUALIFICATION.—The Sec- retary shall disqualify from operating a com- (C) in subparagraph (B)— SEC. lll. RESPECT FOR VICTIMS OF HUMAN (i) by striking ‘‘for the purposes’’ and in- SMUGGLING. mercial motor vehicle for life an individual who uses a commercial motor vehicle— serting ‘‘for one of the purposes’’; and (a) VICTIM REMAINS.—The Attorney Gen- (ii) by striking ‘‘or to deny visas to persons eral shall appoint an official to ensure that ‘‘(1) in committing a felony involving man- who would be inadmissible to the United information regarding missing aliens and un- ufacturing, distributing, or dispensing a con- States.’’ and inserting ‘‘; or’’; and identified remains found in the covered area trolled substance, or possessing with the in- (D) by adding at the end the following: are included in a database of the National tent to manufacture, distribute, or dispense ‘‘(C) with regard to any or all aliens in the Missing and Unidentified Persons System. a controlled substance; or ‘‘(2) in committing an act for which the in- database-specified data elements from each (b) REIMBURSEMENT.—The Secretary shall record, if the Secretary of State determines reimburse county, municipal, and tribal gov- dividual is convicted under— that it is in the national interest to provide ernments in the United States that are lo- ‘‘(A) section 274 of the Immigration and such information to a foreign government.’’. cated in the covered area for costs associated Nationality Act (8 U.S.C. 1324); or with the transportation and processing of ‘‘(B) section 277 of such Act (8 U.S.C. SA 1699. Mr. CORNYN submitted an unidentified remains, found in the desert or 1327).’’. (e) REPORTING REQUIREMENTS.— amendment intended to be proposed by on ranch lands, on the condition that the re- (1) COMMERCIAL DRIVER’S LICENSE INFORMA- him to the bill S. 744, to provide for mains are transferred either to an official TION SYSTEM.—Paragraph (1) of section medical examiner’s office, or a local univer- comprehensive immigration reform 31309(b) of title 49, United States Code, is sity with the capacity to analyze human re- and for other purposes; which was or- amended— mains using forensic best practices. dered to lie on the table; as follows: (A) in subparagraph (E), by striking ‘‘and’’ (c) BORDER CROSSING DATA.—The National At the appropriate place, insert the fol- at the end; Institute of Justice shall encourage genetic lowing: (B) in subparagraph (F), by striking the pe- laboratories receiving Federal grant monies riod at the end and inserting a semicolon and SEC. lll. TARGETING TRANSNATIONAL CRIMI- to process samples from unidentified re- NAL ORGANIZATIONS THAT ENGAGE ‘‘and’’; and mains discovered within the covered area IN MONEY LAUNDERING. (C) by adding at the end the following new and compare the resulting genetic profiles Section 1956(c)(7) of title 18, United States subparagraph: against samples from the relatives of any Code, is amended— ‘‘(G) whether the operator was disqualified, missing individual, including those provided (1) in subparagraph (E), by striking ‘‘or’’ either temporarily or for life, from operating by foreign consulates or authorized entities. after the semicolon; a commercial motor vehicle under section (d) COVERED AREA DEFINED.—In this sec- (2) in subparagraph (F), by inserting ‘‘or’’ 31310, including under subsection (b)(1)(F), tion, the term ‘‘covered area’’ means the after the semicolon; and (c)(1)(F), or (d) of such section.’’. area of United States within 200 miles of the (3) by adding at the end the following: (2) NOTIFICATION BY THE STATE.—Paragraph international border between the United ‘‘(G) any act that is indictable under the (8) of section 31311(a) of title 49, United States and Mexico. Immigration and Nationality Act (8 U.S.C. States Code, is amended by inserting ‘‘in- (e) AUTHORIZATION OF APPROPRIATIONS.— 1101 et seq.), including section 274 of such cluding such a disqualification, revocation, There are authorized to be appropriated such Act (relating to bringing in and harboring suspension, or cancellation made pursuant to sums as may be necessary for each of the fis- certain aliens), section 277 of such Act (relat- a disqualification under subsection (b)(1)(F), cal years 2014 through 2018 to carry out this ing to aiding or assisting certain aliens to (c)(1)(F), or (d) of section 31310,’’ after ‘‘60 section. enter the United States), or section 278 of days,’’. SEC. lll. PUTTING THE BRAKES ON HUMAN such Act (relating to importation of an alien SEC. lll. FREEZING BANK ACCOUNTS OF SMUGGLING ACT. for an immoral purpose);’’. INTERNATIONAL CRIMINAL ORGANI- SEC. lll. DANGEROUS HUMAN SMUGGLING, (a) SHORT TITLE.—This section may be ZATIONS AND MONEY LAUNDERERS. HUMAN TRAFFICKING, AND HUMAN cited as the ‘‘Putting the Brakes on Human Section 981(b) of title 18, United States RIGHTS VIOLATIONS. Smuggling Act’’. Code, is amended by adding at the end the (a) BRINGING IN AND HARBORING CERTAIN (b) FIRST VIOLATION.—Paragraph (1) of sec- following: ALIENS.—Section 274 (8 U.S.C. 1324) is amend- tion 31310(b) of title 49, United States Code, ‘‘(5)(A) If a person is arrested or charged in ed— is amended— connection with an offense described in sub- (1) in subsection (a)(1)(B)— (1) in subparagraph (D), by striking the paragraph (C) involving the movement of (A) by redesignating clauses (iii) and (iv) ‘‘or’’ at the end; funds into or out of the United States, the as clauses (vi) and (vii), respectively; (2) in subparagraph (E), by striking the pe- Attorney General may apply to any Federal (B) by inserting after clause (ii) the fol- riod at the end and inserting a semicolon and judge or magistrate judge in the district in lowing: ‘‘or’’; and which the arrest is made or where the ‘‘(iii) in the case of a violation of subpara- (3) by adding at the end the following: charges are filed for an ex parte order re- graph (A)(i), (ii), (iii), (iv), or (v) that is the ‘‘(F) using a commercial motor vehicle in straining any account held by the person ar- third or subsequent offense committed by willfully aiding or abetting an alien’s illegal rested or charged for not more than 30 days, such person under this section, be fined entry into the United States by trans- except that such 30-day time period may be under title 18, United States Code, impris- porting, guiding, directing, or attempting to extended for good cause shown at a hearing oned not less than 5 years and not more than assist the alien with the alien’s entry in vio- conducted in the manner provided in Rule 25 years, or both; lation of section 275 of the Immigration and 43(e) of the Federal Rules of Civil Procedure. ‘‘(iv) in the case of a violation of subpara- Nationality Act (8 U.S.C. 1325), regardless of The court may receive and consider evidence graph (A)(i), (ii), (iii), (iv), or (v) that neg- whether the alien is ultimately fined or im- and information submitted by the Govern- ligently, recklessly, knowingly, or inten- prisoned for an act in violation of such sec- ment that would be inadmissible under the tionally results in a victim being involun- tion.’’. Federal Rules of Evidence. tarily forced into labor or prostitution, be (c) SECOND OR MULTIPLE VIOLATIONS.— ‘‘(B) The application for the restraining fined under title 18, United States Code, im- Paragraph (1) of section 31310(c) of title 49, order referred to in subparagraph (A) shall— prisoned not less than 5 years and not more United States Code, is amended— ‘‘(i) identify the offense for which the per- than 25 years, or both; (1) in subparagraph (E), by striking the son has been arrested or charged; ‘‘(v) in the case of a violation of subpara- ‘‘or’’ at the end; ‘‘(ii) identify the location and description graph (A)(i),(ii),(iii),(iv),or (v) during and in (2) by redesignating subparagraph (F) as of the accounts to be restrained; and relation to which any person is subjected to subparagraph (G); ‘‘(iii) state that the restraining order is an involuntary sexual act (as defined in sec- (3) in subparagraph (G), as so redesignated, needed to prevent the removal of the funds tion 2246(2) of title 18, United States Code), by striking ‘‘(E)’’ and inserting ‘‘(F)’’; and in the account by the person arrested or be fined under title 18, United States Code, (4) by inserting after subparagraph (E) the charged, or by others associated with such imprisoned for not less than 5 years and not following: person, during the time needed by the Gov- more than 25 years, or both;’’ and ‘‘(F) using a commercial motor vehicle on ernment to conduct such investigation as (C) in clause (vi), as redesignated, by strik- more than one occasion in willfully aiding or may be necessary to establish whether there ing inserting ‘‘and not less than 10’’ before abetting an alien’s illegal entry into the is probable cause to believe that the funds in ‘‘years’’; and United States by transporting, guiding, di- the accounts are subject to forfeiture in con- (2) by amending subsection (b)(1) to read as recting and attempting to assist the alien nection with the commission of any criminal follows: with alien’s entry in violation of section 275 offense.

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00087 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.026 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5190 CONGRESSIONAL RECORD — SENATE June 25, 2013

‘‘(C) A restraining order may be issued pur- ‘‘(e) MONETARY INSTRUMENTS WITH AMOUNT tions for such purpose, hire, train, and assign suant to subparagraph (A) if a person is ar- LEFT BLANK.—For purposes of this section, a to duty 1,500 additional U.S. Customs and rested or charged with any offense for which monetary instrument in bearer form that Border Protection officers (not less than 50 forfeiture is authorized under this title, title has the amount left blank, such that the percent of which shall be designated to serve 31, or the Controlled Substances Act (21 amount could be filled in by the bearer, shall on all inspection lanes (primary, secondary, U.S.C. 801 et seq.). be considered to have a value in excess of incoming, and outgoing) and enforcement ‘‘(D) For purposes of this section— $10,000 if the instrument was drawn on an ac- teams at land ports of entry on the Northern ‘‘(i) the term ‘account’ includes any safe count that contained or was intended to con- border and the Southern border) and 350 ad- deposit box and any account (as defined in tain more than $10,000 at the time the instru- ditional full-time support staff, compared to paragraphs (1) and (2) of section 5318A(e) of ment was transported or the time period it the number of such officers and employees title 31, United States Code) at any financial was negotiated or was intended to be nego- on the date of the enactment of this Act, to institution; and tiated.’’. be distributed among all United States ports ‘‘(ii) the term ‘account held by the person SEC. lll. CLOSING THE LOOPHOLE ON DRUG of entry. arrested or charged’ includes an account held CARTEL ASSOCIATES ENGAGED IN (b) WAIVER OF PERSONNEL LIMITATION.— in the name of such person, and any account MONEY LAUNDERING. The Secretary may waive any limitation on over which such person has effective control (a) PROCEEDS OF A FELONY.—Section the number of full-time equivalent personnel as a signatory or otherwise. 1956(c)(1) of title 18, United States Code, is assigned to the Department in order to fulfill ‘‘(E) Restraint pursuant to this paragraph amended by inserting ‘‘, and regardless of the requirements under subsection (a). shall not be deemed a ‘seizure’ for purposes whether or not the person knew that the ac- (c) REPORTS TO CONGRESS.— of subsection 983(a) of this title. tivity constituted a felony’’ before the semi- (1) OUTBOUND INSPECTIONS.—Not later than ‘‘(F) A restraining order issued pursuant to colon at the end. 90 days after the date of the enactment of this paragraph may be executed in any dis- (b) INTENT TO CONCEAL OR DISGUISE.—Sec- this Act, the Secretary shall submit to the trict in which the subject account is found, tion 1956(a) of title 18, United States Code, is appropriate committees of Congress a report or transmitted to the central authority of amended— containing the Department’s plans for ensur- any foreign State for service in accordance (1) in paragraph (1)(B), by striking ‘‘(B) ing the placement of sufficient officers of with any treaty or other international agree- knowing that’’ and all that follows through U.S. Customs and Border Protection on out- ment.’’. ‘‘Federal law,’’ and inserting the following: bound inspections, and adequate outbound SEC. lll. CRIMINAL PROCEEDS LAUNDERED ‘‘(B) knowing that the transaction— infrastructure, at all Southern and Northern THROUGH PREPAID ACCESS DE- ‘‘(i) conceals or disguises, or is intended to border land ports of entry. VICES, DIGITAL CURRENCIES, OR conceal or disguise, the nature, source, loca- (2) AGRICULTURAL SPECIALISTS.—Not later OTHER SIMILAR INSTRUMENTS. tion, ownership, or control of the proceeds of than 90 days after the date of the enactment (a) IN GENERAL.—Section 5312(a) of title 31, some form of unlawful activity; or of this Act, the Secretary, in consultation United States Code, is amended— ‘‘(ii) avoids, or is intended to avoid, a with the Secretary of Agriculture, shall sub- (1) by striking paragraph (2)(K) and insert- transaction reporting requirement under mit to the appropriate committees of Con- ing the following: State or Federal law,’’; and gress a report that contains the Depart- ‘‘(K) an issuer, redeemer, or cashier or (2) in paragraph (2)(B), by striking ‘‘(B) ment’s plans for ensuring the placement of travelers’ checks, checks, money orders, pre- knowing that’’ and all that follows through sufficient agriculture specialists at all paid access devices, digital currencies, or ‘‘Federal law,’’ and inserting the following: Southern border and Northern border land other similar instruments;’’; ‘‘(B) knowing that the monetary instru- ports of entry. (2) in paragraph (3)(B), by inserting ‘‘pre- ment or funds involved in the transpor- (3) ANNUAL IMPLEMENTATION REPORT.—Not paid access devices,’’ after ‘‘delivery,’’; tation, transmission, or transfer represent later than 1 year after the date of the enact- (3) by redesignating paragraph (6) as para- the proceeds of some form of unlawful activ- ment of this Act, and annually thereafter, graph (7); and ity, and knowing that such transportation, the Secretary shall submit to the appro- (4) by inserting after paragraph (5) the fol- transmission, or transfer— priate committees of Congress a report lowing: ‘‘(i) conceals or disguises, or is intended to that— ‘‘(6) ‘prepaid access device’ means an elec- conceal or disguise, the nature, source, loca- (A) describes in detail the Department’s tronic device or vehicle, such as a card, tion, ownership, or control of the proceeds of implementation plan for staff enhancements plate, code, number, electronic serial num- some form of unlawful activity; or required under subsection (a); ber, mobile identification number, personal ‘‘(ii) avoids, or is intended to avoid, a (B) includes the number of additional per- identification number, or other instrument transaction reporting requirement under sonnel assigned to duty at land ports of that provides a portal to funds or the value State or Federal law,’’. entry by location; and of funds that have been paid in advance and SEC. lll. DIRECTIVE TO UNITED STATES SEN- (C) describes the methodology used to de- can be retrievable and transferable at some TENCING COMMISSION; EMERGENCY termine the distribution of additional per- point in the future.’’. AUTHORITY. sonnel to address northbound and south- (b) GAO REPORT.—Not later than 18 months (a) IN GENERAL.—The United States Sen- bound cross-border inspections. after the date of enactment of this Act, the tencing Commission shall review and, if ap- (4) APPROPRIATE COMMITTEES OF CON- Comptroller General of the United States propriate, amend the Federal sentencing GRESS.—In this subsection, the term ‘‘appro- shall submit to Congress a report on— guidelines and policy statements as the priate committees of Congress’’ means— (1) the impact the amendments made by Commission considers appropriate to re- (A) the Committee on the Judiciary and subsection (a) has had on law enforcement, spond to this Act. the Committee on Homeland Security and the prepaid access industry, and consumers; (b) EMERGENCY AUTHORITY.—In carrying Governmental Affairs of the Senate; and and out subsection (a), the Commission may pro- (B) the Committee on the Judiciary and (2) the implementation and enforcement by mulgate amendments to the Federal sen- the Committee on Homeland Security of the the Department of Treasury of the final rule tencing guidelines and policy statements in House of Representatives. on Definitions and Other Regulations Relat- accordance with the procedures set forth in (d) SECURE COMMUNICATION.—The Sec- ing to Prepaid Access (76 Fed. Reg. 45403), section 21(a) of the Sentencing Act of 1987 (28 retary shall ensure that each officer of U.S. issued July 26, 2011. U.S.C. 994 note), as though the authority Customs and Border Protection is equipped (c) CUSTOMS AND BORDER PROTECTION under that Act had not expired. with a secure 2-way communication and sat- STRATEGY FOR PREPAID ACCESS DEVICES.— ellite-enabled device, supported by system Not later than 18 months after the date of SA 1700. Mr. CORNYN submitted an interoperability, that allows such officers to the enactment of this Act, the Secretary of amendment intended to be proposed by communicate between ports of entry and in- Homeland Security, in consultation with the him to the bill S. 744, to provide for spection stations, and with other Federal, Commissioner responsible for U.S. Customs comprehensive immigration reform State, local, and tribal law enforcement en- and Border Protection, shall submit to Con- tities. gress a report detailing a strategy to inter- and for other purposes; which was or- (e) BORDER AREA SECURITY INITIATIVE dict and detect prepaid access devices, dig- dered to lie on the table; as follows: GRANT PROGRAM.—The Secretary shall estab- ital currencies, or other similar instruments, At the appropriate place, add the fol- lish a grant program for the purchase of de- at border crossings and other ports of entry lowing: tection equipment at land ports of entry and for the United States. The report shall in- SEC. 1204. EMERGENCY PORT OF ENTRY PER- mobile, hand-held, 2-way communication and clude an assessment of infrastructure needs SONNEL AND INFRASTRUCTURE biometric devices for State and local law en- to carry out the strategy detailed in the re- FUNDING. forcement officers serving on the Southern port. (a) STAFF ENHANCEMENTS.—In addition to border and Northern border. SEC. lll. FIGHTING MONEY SMUGGLING positions authorized before the date of the (f) PORT OF ENTRY INFRASTRUCTURE IM- THROUGH BLANK CHECKS IN BEAR- enactment of this Act and any existing offi- PROVEMENTS.—In order to aid in the enforce- ER FORM. cer vacancies within U.S. Customs and Bor- ment of Federal customs, immigration, and Section 5316 of title 31, United States Code, der Protection on such date, the Secretary agriculture laws, the Commissioner respon- is amended by adding at the end the fol- shall, by not later than September 30, 2018, sible for U.S. Customs and Border Protection lowing: and subject to the availability of appropria- may—

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00088 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.027 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5191

(1) design, construct, and modify United SEC. 1205. CROSS-BORDER TRADE ENHANCE- (d) DELEGATION.—For facilities where the States ports of entry, living quarters for offi- MENT. Administrator has delegated or transferred cers, agents, and personnel, and other struc- (a) DEFINITIONS.—In this section: to the Secretary, operations, ownership, or tures and facilities, including those owned (1) ADMINISTRATION.—The term ‘‘Adminis- other authorities over land border ports of by municipalities, local governments, or pri- tration’’ means the General Services Admin- entry, the authorities and requirements of vate entities located at land ports of entry; istration. the Administrator under this section shall be (2) acquire, by purchase, donation, ex- (2) ADMINISTRATOR.—The term ‘‘Adminis- deemed to apply to the Secretary. change, or otherwise, land or any interest in trator’’ means the Administrator of the Gen- eral Services Administration. land determined to be necessary to carry out SA 1701. Mr. CORNYN submitted an the Commissioner’s duties under this sec- (3) PERSON.—The term ‘‘person’’ means an individual or any corporation, partnership, amendment intended to be proposed by tion; and him to the bill S. 744, to provide for (3) construct additional ports of entry trust, association, or any other public or pri- along the Southern border and the Northern vate entity, including a State or local gov- comprehensive immigration reform border. ernment. and for other purposes; which was or- (g) CONSULTATION.— (b) AGREEMENTS AUTHORIZED.—Notwith- dered to lie on the table; as follows: (1) LOCATIONS FOR NEW PORTS OF ENTRY.— standing any other provision of law, upon the request of any persons, the Adminis- At the appropriate place, insert the fol- The Secretary shall consult with the Sec- lowing: retary of the Interior, the Secretary of Agri- trator may, for purposes of facilitating con- struction, alteration, operation or mainte- ‘‘(III) an offense, unless the applicant dem- culture, the Secretary of State, the Inter- onstrates, by clear and convincing evidence, national Boundary and Water Commission, nance of a new or existing facility or other infrastructure at a port of entry, enter into that the applicant is innocent of the offense, the International Joint Commission, and ap- cost-sharing or reimbursement agreements that applicant is the victim of such offense, propriate representatives of States, local or accept a donation of real and personal or that no offense occurred, which is classi- governments, Indian tribes, and property property (including monetary donations) and fied as a misdemeanor in the convicting ju- owners— nonpersonal services. risdiction which involved— (A) to determine locations for new ports of (c) EVALUATION PROCEDURES.— ‘‘(aa) domestic violence (as defined in sec- entry; and (1) IN GENERAL.—Not later than 180 days tion 40002(a) of the Violence Against Women (B) to minimize adverse impacts from such after the date of the enactment of this Act, Act of 1994 (42 U.S.C. 13925(a)); ports on the environment, historic and cul- the Administrator, in consultation with the ‘‘(bb) child abuse and neglect (as defined in tural resources, commerce, and quality of Secretary, shall establish procedures for section 40002(a) of the Violence Against life for the communities and residents lo- evaluating a proposal submitted by any per- Women Act of 1994 (42 U.S.C. 13925(a)); cated near such ports. son under subsection (b)— ‘‘(cc) assault resulting in bodily injury (as (2) SAVINGS PROVISION.—Nothing in this (A) to enter into a cost-sharing or reim- defined in section 2266 of title 18, United subsection may be construed— bursement agreement with the Administra- States Code); (A) to create any right or liability of the tion to facilitate the construction, alter- ‘‘(dd) the violation of a protection order (as parties described in paragraph (1); ation, operation, or maintenance of a new or defined in section 2266 of title 18, United (B) to affect the legality and validity of existing facility or other infrastructure at a States Code); or any determination under this Act by the land border port of entry; or ‘‘(ee) driving while intoxicated (as defined Secretary; or (B) to provide the Administration with a in section 164 of title 23, United States Code); (C) to affect any consultation requirement donation of real and personal property (in- ‘‘(IV) 3 or more misdemeanor offenses under any other law. cluding monetary donations) and nonper- (other than minor traffic offenses or State or (h) AUTHORITY TO ACQUIRE LEASEHOLDS.— sonal services to be used in the construction, local offenses for which an essential element Notwithstanding any other provision of law, alteration, operation, or maintenance of a was the alien’s immigration status, or a vio- the Secretary may acquire a leasehold inter- facility or other infrastructure at a land bor- lation of this Act); est in real property, and may construct or der port of entry under the control of the Ad- ‘‘(V) any offense under foreign law, except modify any facility on the leased property, if the Secretary determines that the acquisi- ministration. for a purely political offense, which, if the tion of such interest, and such construction (2) SPECIFICATION.—Donations made under offense had been committed in the United or modification, are necessary to facilitate paragraph (1)(B) may specify— States, would render the alien inadmissible the implementation of this Act. (A) the land port of entry facility or facili- under section 212(a) (excluding the para- (i) AUTHORIZATION OF APPROPRIATIONS.— ties in support of which the donation is being graphs set forth in clause (ii)) or removable There is authorized to be appropriated to made; and under section 237(a), except as provided in carry out this section, for each of the fiscal (B) the time frame in which the donated paragraph (3) of section 237(a); or years 2014 through 2018, $1,000,000,000, of property or services shall be used. ‘‘(VI) unlawful voting (as defined in section which $5,000,000 shall be used for grants au- (3) RETURN OF DONATION.—If the Adminis- 237(a)(6)); thorized under subsection (e). trator does not use the property or services ‘‘(ii) is inadmissible under section 212(a), (j) OFFSET; RESCISSION OF UNOBLIGATED donated pursuant to paragraph (1)(B) for the except that in determining an alien’s inad- FEDERAL FUNDS.— specific facility or facilities designated pur- missibility— (1) IN GENERAL.—There is hereby rescinded, suant to paragraph (2)(A) or within the time ‘‘(I) paragraphs (4), (5), (7), and (9)(B) of from appropriated discretionary funds that frame specified pursuant to paragraph (2)(B), section 212(a) shall not apply; remain available for obligation as of the date such donated property or services shall be re- ‘‘(II) subparagraphs (A), (C), (D), (F), and of the enactment of this Act (other than the turned to the person that made the donation. (G) of section 212(a)(6) and paragraphs (9)(C) unobligated funds described in paragraph (4) DETERMINATION AND NOTIFICATION.— and (10)(B) of section 212(a) shall not apply (4)), amounts determined by the Director of (A) IN GENERAL.—Not later than 90 days unless based on the act of unlawfully enter- the Office of Management and Budget such after receiving a proposal pursuant to sub- ing the United States after the date of the that the aggregate amount of the rescission section (b) with respect to the construction enactment of the Border Security, Economic equals the amount authorized to be appro- or maintenance of a facility or other infra- Opportunity, and Immigration Moderniza- priated under subsection (i). structure at a land border port of entry, the tion Act; and (2) IMPLEMENTATION.—The Director of the Administrator shall— ‘‘(III) paragraphs (6)(B) and (9)(A) of sec- Office of Management and Budget shall de- (i) make a determination with respect to tion 212(a) shall not apply unless the rel- termine and identify— whether or not to approve the proposal; and evant conduct began on or after the date on (A) the appropriation accounts from which (ii) notify the person that submitted the which the alien files an application for reg- the rescission under paragraph (1) shall proposal of— istered provisional immigrant status under apply; and (I) the determination; and this section; (B) the amount of the rescission that shall (II) if the Administrator did not approve ‘‘(iii) is an alien who the Secretary knows be applied to each such account. the proposal, the reasons for such dis- or has reasonable grounds to believe, is en- (3) REPORT.—Not later than 60 days after approval. gaged in or is likely to engage after entry in the date of the enactment of this Act, the (B) CONSIDERATIONS.—In determining any terrorist activity (as defined in section Director of the Office of Management and whether or not to approve a proposal under 212(a)(3)(B)(iv)); or Budget shall submit a report to Congress and this subsection, the Administrator shall con- ‘‘(iv) was, on April 16, 2013— to the Secretary of the Treasury that de- sider— ‘‘(I) an alien lawfully admitted for perma- scribes the accounts and amounts deter- (i) the impact of the proposal on reducing nent residence; mined and identified under paragraph (2) for wait times at that port of entry and other ‘‘(II) an alien admitted as a refugee under rescission under paragraph (1). ports of entry on the same border; section 207 or granted asylum under section (4) EXCEPTIONS.—This subsection shall not (ii) the potential of the proposal to in- 208; or apply to unobligated funds of— crease trade and travel efficiency through ‘‘(III) an alien who, according to the (A) the Department of Defense; added capacity; and records of the Secretary or the Secretary of (B) the Department of Veterans Affairs; or (iii) the potential of the proposal to en- State, is lawfully present in the United (C) the Department of Homeland Security. hance the security of the port of entry. States in any nonimmigrant status (other

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00089 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.027 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5192 CONGRESSIONAL RECORD — SENATE June 25, 2013

than an alien considered to be a non- ‘‘(1) IN GENERAL.—An alien, or the depend- ‘‘(I) has been convicted of any criminal of- immigrant solely due to the application of ent spouse or child of such alien, who meets fense; section 244(f)(4) or the amendment made by the eligibility requirements set forth in sub- ‘‘(II) has previously been deported; or section 702 of the Consolidated Natural Re- section (b) may apply for status as a reg- ‘‘(III) without just cause, has failed to re- sources Act of 2008 (Public Law 110–229)), not- istered provisional immigrant or a registered spond to a notice to appear as required under withstanding any unauthorized employment provisional immigrant dependent, as applica- section 239; and or other violation of nonimmigrant status. ble, by submitting a completed application ‘‘(ii) may, in the sole discretion of the Sec- ‘‘(B) WAIVER.— form to the Secretary during the application retary, interview any other applicant for ‘‘(i) IN GENERAL.—The Secretary may waive period set forth in paragraph (3), in accord- registered provisional immigrant status the application of any provision of section ance with the final rule promulgated by the under this section. 212(a) that is not listed in clause (ii) on be- Secretary under the Border Security, Eco- half of an alien for humanitarian purposes, nomic Opportunity, and Immigration Mod- SA 1702. Mr. CORNYN submitted an to ensure family unity, or if such a waiver is ernization Act. An applicant for registered amendment intended to be proposed by otherwise in the public interest. Any discre- provisional immigrant status shall be treat- him to the bill S. 744, to provide for tionary authority to waive grounds of inad- ed as an applicant for admission. comprehensive immigration reform ‘‘(2) PAYMENT OF TAXES.— missibility under section 212(a) conferred and for other purposes; which was or- ‘‘(A) IN GENERAL.—An alien may not file an under any other provision of this Act shall dered to lie on the table; as follows: apply equally to aliens seeking registered application for registered provisional immi- provisional status under this section. grant status under paragraph (1) unless the Strike title V. ‘‘(ii) EXCEPTIONS.—The discretionary au- applicant has satisfied any applicable Fed- thority under clause (i) may not be used to eral tax liability. SA 1703. Mr. CORNYN submitted an waive— ‘‘(B) DEFINITION OF APPLICABLE FEDERAL amendment intended to be proposed by ‘‘(I) subparagraph (B), (C), (D)(ii), (E), (G), TAX LIABILITY.—In this paragraph, the term him to the bill S. 744, to provide for (H), or (I) of section 212(a)(2); ‘applicable Federal tax liability’ means all comprehensive immigration reform ‘‘(II) section 212(a)(3); Federal income taxes assessed in accordance and for other purposes; which was or- ‘‘(III) subparagraph (A), (C), (D), or (E) of with section 6203 of the Internal Revenue dered to lie on the table; as follows: section 212(a)(10); or Code of 1986. ‘‘(C) DEMONSTRATION OF COMPLIANCE.—An At the appropriate place, insert the fol- ‘‘(IV) with respect to misrepresentations lowing: relating to the application for registered applicant may demonstrate compliance with this paragraph by submitting appropriate SEC. lll. PROTECTING AMERICAN BUSI- provisional immigrant status, section NESSES. 212(a)(6)(C)(i). documentation, in accordance with regula- tions promulgated by the Secretary, in con- (a) DUTIES OF COMMISSIONER.—Notwith- ‘‘(C) CONVICTION EXPLAINED.—For purposes standing section 4701(d)(6), the Commissioner of this paragraph, the term ‘conviction’ does sultation with the Secretary of the Treas- ury. of the Bureau of Immigration and Labor not include a judgment that has been ex- Market Research is not authorized to con- punged, set aside, or the equivalent. ‘‘(3) APPLICATION PERIOD.— ‘‘(A) INITIAL PERIOD.—Except as provided in duct a quarterly survey of unemployment ‘‘(D) RULE OF CONSTRUCTION.—Nothing in subparagraph (B), the Secretary may only rates in construction occupations. this paragraph may be construed to require accept applications for registered provisional (b) ADMISSION OF W NONIMMIGRANT WORK- the Secretary to commence removal pro- immigrant status from aliens in the United ERS.—Section 220, as added by section 4703(a) ceedings against an alien. States during the 1-year period beginning on of this Act, is amended— ‘‘(4) APPLICABILITY OF OTHER PROVISIONS.— the date on which the final rule is published (1) in subsection (a), by striking paragraph Sections 208(d)(6) and 240B(d) shall not apply in the Federal Register pursuant to para- (4); to any alien filing an application for reg- graph (1). (2) in subsection (e)(5), by striking subpara- istered provisional immigrant status under ‘‘(B) EXTENSION.—If the Secretary deter- graph (B) and inserting the following: this section. mines, during the initial period described in ‘‘(B) RETURNING WORKER AND RENEWING EM- EPENDENT SPOUSE AND CHILDREN.— ‘‘(5) D subparagraph (A), that additional time is re- PLOYER EXEMPTION.—Renewals of approved ‘‘(A) IN GENERAL.—Notwithstanding any quired to process applications for registered job slots and W visas by employers or work- other provision of law, the Secretary may provisional immigrant status or for other ers in good standing shall not be counted to- classify the spouse or child of a registered good cause, the Secretary may extend the ward the limits established under subsection provisional immigrant as a registered provi- period for accepting applications for such (g)(1)(A) or factored into the formulaic deter- sional immigrant dependent if the spouse or status for an additional 18 months. minations made under subparagraphs (A) child— ‘‘(4) APPLICATION FORM.— through (D) of subsection (g)(2). ‘‘(i) was physically present in the United ‘‘(A) REQUIRED INFORMATION.— ‘‘(C) INTENDING IMMIGRANTS.— States on or before December 31, 2012, and ‘‘(i) IN GENERAL.—The application form re- ‘‘(i) EXTENSION OF PERIOD.—A registered has maintained continuous presence in the ferred to in paragraph (1) shall collect such visa holder shall continue to be a registered United States from that date until the date information as the Secretary determines to visa holder at the end of the 3-year period re- on which the registered provisional immi- be necessary and appropriate, including, for ferred to in subparagraph (A) if the W non- grant is granted such status, with the excep- the purpose of understanding immigration immigrant is the beneficiary of a petition for tion of absences from the United States that trends— immigrant status filed pursuant to this Act. are brief, casual, and innocent, whether or ‘‘(I) an explanation of how, when, and ‘‘(ii) TERMINATION OF PERIOD.—The term of not such absences were authorized by the where the alien entered the United States; a registration position extended under clause Secretary; and ‘‘(II) the country in which the alien resided (i) shall terminate on the date that is the ‘‘(ii) meets all of the eligibility require- before entering the United States; and earlier of— ments set forth in this subsection, other ‘‘(III) other demographic information spec- ‘‘(I) the date an application or petition by than the requirements of clause (ii) or (iii) of ified by the Secretary. or for a W nonimmigrant to obtain immi- paragraph (2)(A). ‘‘(ii) PRIVACY PROTECTIONS.—Information grant status is approved or denied by the ‘‘(B) EFFECT OF TERMINATION OF LEGAL RE- described in subclauses (I) through (III) of Secretary; or LATIONSHIP OR DOMESTIC VIOLENCE.—If the clause (i), which shall be provided anony- ‘‘(II) the date of the termination of such W spousal or parental relationship between an mously by the applicant on the application nonimmigrant’s employment with the reg- alien who is granted registered provisional form referred to in paragraph (1), shall be istered employer.’’; and immigrant status under this section and the subject to the same confidentiality provi- (3) in subsection (h), by striking paragraph alien’s spouse or child is terminated due to sions as those set forth in section 9 of title (5). death or divorce or the spouse or child has 13, United States Code. been battered or subjected to extreme cru- ‘‘(iii) REPORT.—The Secretary shall submit SA 1704. Mr. UDALL of New Mexico elty by the alien (regardless of whether the a report to Congress that contains a sum- (for himself, Mr. HEINRICH, and Mrs. legal relationship terminates), the spouse or mary of the statistical data about immigra- GILLIBRAND) submitted an amendment child may apply for classification as a reg- tion trends collected pursuant to clause (i). istered provisional immigrant. intended to be proposed by him to the ‘‘(B) FAMILY APPLICATION.—The Secretary bill S. 744, to provide for comprehen- ‘‘(C) EFFECT OF DISQUALIFICATION OF PAR- shall establish a process through which an ENT.—Notwithstanding subsection (c)(3), if alien may submit a single application under sive immigration reform and for other the application of a spouse or parent for reg- this section on behalf of the alien, his or her purposes; which was ordered to lie on istered provisional immigrant status is ter- spouse, and his or her children who are resid- the table; as follows: minated or revoked, the husband, wife, or ing in the United States. At the appropriate place, insert the fol- child of that spouse or parent shall be eligi- ‘‘(C) INTERVIEW.—In order to determine lowing: ble to apply for registered provisional immi- whether an applicant meets the eligibility SEC. ll. BORDER INFECTIOUS DISEASE SUR- grant status independent of the parent or requirements set forth in subsection (b), the VEILLANCE PROJECT. spouse. Secretary— (a) FUNDING FOR BORDER STATES.—Of the ‘‘(c) APPLICATION PROCEDURES.— ‘‘(i) shall interview each applicant who— amount in the Comprehensive Immigration

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00090 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.029 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5193 Reform Trust Fund established by section moval from the Department of State. Such forcement, or other grounds on which the 6(a), $5,000,000 for each fiscal year shall be information shall include— alien may be inadmissible to the United made available to health authorities of ‘‘(1) an assessment of the accuracy of the States or ineligible to apply for or be grant- States along the Northern border and the applicant’s assertions about conditions in his ed asylum; and Southern border to strengthen the Border In- or her country of nationality or habitual res- ‘‘(II) any information related to the appli- fectious Disease Surveillance project. idence and his or her particular situation; cant in such a record or database supports (b) USE OF FUNDS.—Amounts made avail- ‘‘(2) information about whether individuals the applicant’s eligibility for asylum;’’; able under subsection (a) shall be used to im- who are similarly situated to the applicant (2) in clause (iv), by striking ‘‘and’’ at the plement priority surveillance, epidemiology, are persecuted or tortured in his or her coun- end; and preparedness activities in the regions try of nationality or habitual residence and (3) in clause (v), by striking the period at along the Northern border and the Southern the frequency of such persecution or torture; the end and inserting a semicolon and ‘‘and’’; border to respond to potential outbreaks and and and epidemics, including those caused by poten- ‘‘(3) other information determined by the (4) by adding at the end the following: tial bioterrorism agents. judge or officer to be relevant to prevent ‘‘(vi) asylum shall not be granted unless, (c) ALLOCATION OF FUNDS.—Of the amounts fraud.’’. notwithstanding any derogatory informa- made available under subsection (a)— (c) INCREASE IN STAFFING.—The Secretary tion, the applicant has met the burden of (1) 30 percent shall be made available to shall provide for an increase in the staff of proof contained in subsection (b)(1)(B).’’. States along the Northern border; and the U.S. Citizenship and Immigration Serv- (2) 70 percent shall be made available to ices and the Fraud Detection and National SA 1708. Mr. CHAMBLISS submitted States along the Southern border. Security Directorate at Asylum Offices to an amendment intended to be proposed oversee, detect, and increase the anti-fraud by him to the bill S. 744, to provide for SA 1705. Ms. COLLINS (for herself operations and prosecutions relating to comprehensive immigration reform and Mr. KING) submitted an amend- fraudulent asylum activities. (d) FUNDING.—The Secretary of Homeland and for other purposes; which was or- ment intended to be proposed by her to dered to lie on the table; as follows: the bill S. 744, to provide for com- Security shall use amounts derived through fees provided for in this Act (or an amend- At the appropriate place, insert the fol- prehensive immigration reform and for ment made by this Act) to carry out sub- lowing: other purposes; which was ordered to sections (a) through (c) (and the amendments SEC. lll. APPLICABILITY OF THE MIGRANT lie on the table; as follows: made by such subsections)). AND SEASONAL AGRICULTURAL At the appropriate place, insert the fol- WORKER PROTECTION ACT. lowing: SA 1707. Ms. COLLINS submitted an Section 218A(g)(2) of the Immigration and SEC. ll. LOGGING EMPLOYMENT. amendment intended to be proposed by Nationality Act, as added by section 2232 of The definition of ‘‘agricultural employ- her to the bill S. 744, to provide for this Act, is amended— ment’’ in section 218A(a)(1) of the Immigra- comprehensive immigration reform (1) in subparagraph (B)— tion and Nationality Act, as added by sec- and for other purposes; which was or- (A) by striking ‘‘A nonimmigrant’’ and in- tion 2232, shall be implemented to includes dered to lie on the table; as follows: serting the following: logging employment, as described in section ‘‘(i) IN GENERAL.—A nonimmigrant’’; and At the appropriate place, insert the fol- (B) by adding at the end the following: 655.103(c)(4)of title 20, Code of Federal Regu- lowing: ‘‘(ii) LIMITATION.—Notwithstanding clause lations, as in effect on the date of the enact- SEC. lll. LAW ENFORCEMENT AND NATIONAL ment of this Act. (i), an alien who is or was a nonimmigrant SECURITY CHECKS. agricultural worker is not eligible for legal (a) REFUGEES.—Section 207(c)(1) (8 U.S.C. services under the Legal Services Corpora- SA 1706. Ms. COLLINS submitted an 1157(c)(1)), as amended by section 3409(a) of tion Act (42 U.S.C. 2996 et seq.) if such alien amendment intended to be proposed by this Act, is amended by striking ‘‘No alien is located outside the United States.’’; and shall be admitted as a refugee until the iden- her to the bill S. 744, to provide for (2) in subparagraph (C), by striking clause tity of the applicant, including biographic comprehensive immigration reform (iv) and inserting the following: and biometric data, has been checked and for other purposes; which was or- ‘‘(iv) 90-DAY LIMIT.—The Federal Mediation against all appropriate records or databases dered to lie on the table; as follows: and Conciliation Service may conduct medi- maintained by the Secretary of Homeland ation or other binding dispute resolution ac- At the appropriate place, insert the fol- Security, the Attorney General, the Sec- tivities for a period not to exceed 90 days be- lowing: retary of State, and other Federal records or ginning on the date on which the Federal SEC. lll. DENIALS OF ASYLUM CLAIMS. databases that the Secretary of Homeland Mediation and Conciliation Service receives (a) ADJUDICATION.—Section 208(d)(6) (8 Security considers necessary, to determine a request for assistance under clause (ii) un- U.S.C. 1158(d)(6)) is amended to read as fol- any national security, law enforcement, or less the parties agree to an extension of such lows: other grounds on which the alien may be in- period. ‘‘(6) FRIVOLOUS APPLICATIONS.— admissible to the United States or ineligible ‘‘(v) BINDING MEDIATION.—Mediation or ‘‘(A) KNOWINGLY FRIVOLOUS APPLICATIONS.— to apply for or be granted refugee status.’’ other dispute resolution activities carried If the Attorney General determines that an and inserting ‘‘No alien shall be admitted as out under this subparagraph shall be binding alien has knowingly made a frivolous appli- a refugee until the identity of the applicant, on the parties.’’. cation for asylum and the alien has received including biographic and biometric data, has the notice under paragraph (4)(A), the alien been checked against all appropriate records SA 1709. Mr. CHAMBLISS submitted may, at the discretion of the Attorney Gen- or databases maintained by the Secretary of eral, be permanently ineligible for any bene- Homeland Security, the Attorney General, an amendment intended to be proposed fits under this Act, effective as of the date of the Secretary of State, the National by him to the bill S. 744, to provide for a final determination on such application. Counterterrorism Center, and other Federal comprehensive immigration reform ‘‘(B) DETERMINATIONS BY ASYLUM OFFI- records or databases that the Secretary of and for other purposes; which was or- CERS.— Homeland Security considers necessary, to dered to lie on the table; as follows: ‘‘(i) IN GENERAL.—If an asylum officer, as determine any national security, law en- At the appropriate place, insert the fol- defined in section 235(b)(1)(E), determines forcement, or other grounds on which the lowing: that an alien has made a frivolous applica- alien may be inadmissible to the United SEC. lll. QUALIFYING EMPLOYMENT. tion for asylum, the asylum officer may dis- States or ineligible to apply for or be grant- Section 245F(a) of the Immigration and Na- miss the application. ed refugee status.’’. tionality Act, as added by section 2212 of this ‘‘(ii) RECONSIDERATION.—The Board of Im- (b) ASYLEES.—Section 208(d)(5)(A) (8 U.S.C. migration Appeals or an immigration judge 1158(d)(5)(A)), as amended by section 3409(b) Act, is amended by striking paragraph (1) may review and reverse the determination of of this Act, is amended— and inserting the following: an asylum officer under clause (i) if the (1) by amending clause (i) to read as fol- ‘‘(1) QUALIFYING EMPLOYMENT.—Except as Board or judge determines that the asylum lows: provided in paragraph (3), during the 8-year claim involved is plausible.’’. ‘‘(i) asylum shall not be granted— period beginning on the date of the enact- ment of the Border Security, Economic Op- (b) INFORMATION.—Section 208 (8 U.S.C. ‘‘(I) until the identity of the applicant, 1158) is amended by adding at the end the fol- using biographic and biometric data, has portunity, and Immigration Modernization lowing: been checked against all appropriate records Act the alien performed not less than 180 work days of agricultural employment dur- ‘‘(f) INFORMATION.—With respect to an ap- or databases maintained by the Secretary of plication for asylum that comes before an Homeland Security, the Attorney General, ing each of 5 years.’’. immigration judge or asylum officer (as de- the Secretary of State, the National fined in section 235(b)(1)(E)), the judge or of- Counterterrorism Center, and other Federal SA 1710. Mr. RUBIO submitted an ficer involved shall obtain detailed country records or databases that the Secretary of amendment intended to be proposed by conditions information relevant to eligi- Homeland Security considers necessary, to him to the bill S. 744, to provide for bility for asylum or the withholding of re- determine any national security, law en- comprehensive immigration reform

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00091 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.029 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5194 CONGRESSIONAL RECORD — SENATE June 25, 2013 and for other purposes; which was or- ‘‘(J) ALIENS IN CRIMINAL GANGS.—Any alien (b) WORLDWIDE LEVEL OF MERIT-BASED IM- dered to lie on the table; as follows: is inadmissible who— MIGRANTS.—Section 201(e) (8 U.S.C. 1151(e)), ‘‘(i) is a member of a criminal gang unless as amended by section 2301(a)(1), is amended At the appropriate place, insert the fol- the alien can demonstrate by clear and con- to read as follows: lowing: vincing evidence that the alien did not know, ‘‘(e) WORLDWIDE LEVEL OF MERIT-BASED IM- SEC. ll. REQUIREMENTS FOR ADJUSTMENT OF and should not reasonably have known, that MIGRANTS.— STATUS FOR CERTAIN ALIENS WHO ‘‘(1) IN GENERAL.— ENTERED THE UNITED STATES AS the organization was a criminal gang; and ‘‘(A) NUMERICAL LIMITATION.—Subject to CHILDREN. ‘‘(ii) is determined by an immigration judge to be a danger to the community.’’. paragraphs (2), (3), and (4), the worldwide Section 245D(b)(1)(A)(i) of the Immigration level of merit-based immigrants is equal to and Nationality Act, as added by section (c) GROUNDS FOR DEPORTATION.—Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by 150,000 for each fiscal year. 2101, is further amended by inserting before ‘‘(B) STATUS.—An alien admitted on the the semicolon the following: ‘‘or has been a adding at the end the following: ‘‘(G) ALIENS IN CRIMINAL GANGS.—Any alien basis of a merit-based immigrant visa under dependent nonimmigrant visa holder under this section shall have the status of an alien subparagraph (E), (H), or (L) of section is removable who— ‘‘(i) is a member of a criminal gang unless lawfully admitted for permanent residence. 101(a)(15) of the Immigration and Nationality NNUAL INCREASE.— the alien can demonstrate by clear and con- ‘‘(2) A Act (8 U.S.C. 1101(a)(15)) for at least 5 years’’. ‘‘(A) IN GENERAL.—Subject to subparagraph vincing evidence that the alien did not know, (B) and paragraph (3), if in any fiscal year and should not reasonably have known, that SA 1711. Mr. GRASSLEY submitted the worldwide level of visas available for the organization was a criminal gang; and an amendment intended to be proposed merit-based immigrants under this section— ‘‘(ii) is determined by an immigration by him to the bill S. 744, to provide for ‘‘(i) is less than 75 percent of the number of judge to be a danger to the community.’’. applicants for such fiscal year, the worldwide comprehensive immigration reform (d) GROUND OF INELIGIBILITY FOR REG- and for other purposes; which was or- level shall increase by 5 percent for the next ISTERED PROVISIONAL IMMIGRANT STATUS.— fiscal year; and dered to lie on the table; as follows: An alien who is 18 years of age or older is in- ‘‘(ii) is equal to or more than 75 percent of At the appropriate place, insert the fol- eligible for registered provisional immigrant such number, the worldwide level for the lowing: status if the Secretary determines that the next fiscal year shall be the same as the SEC. ll. CRIMINAL GANGS. alien— worldwide level for such fiscal year, minus (1) is a member of a criminal gang (as de- (a) DEFINITION OF CRIMINAL GANG.—Section any amount added to the worldwide level for fined in section 101(a)(52) of the Immigration 101(a) (8 U.S.C. 1101(a)) is amended by insert- such fiscal year under paragraph (4). and Nationality Act, as amended by sub- ing after paragraph (51) the following: ‘‘(B) LIMITATION ON INCREASE.—The world- ‘‘(52)(A) The term ‘criminal gang’ means an section (a)) unless the alien can demonstrate wide level of visas available for merit- based ongoing group, club, organization, or asso- by clear and convincing evidence that the immigrants shall not exceed 280,000. ciation of 5 or more persons— alien did not know, and should not reason- ‘‘(3) EMPLOYMENT CONSIDERATION.—The ‘‘(i) that has as 1 of its primary purposes ably have known, that the organization was worldwide level of visas available for merit- the commission of 1 or more of the criminal a criminal gang; and based immigrants may not be increased for a offenses described in subparagraph (B); and (2) has been determined by the Secretary fiscal year under paragraph (2) if the annual ‘‘(ii) the members of which engage, or have to be a danger to the community. average unemployment rate for the civilian (e) INAPPLICABILITY OF OTHER AMEND- engaged within the past 5 years, in a con- labor force 18 years or over in the United MENTS.—The amendments made by section tinuing series of offenses described in sub- States, as determined by the Bureau of 3701 of this Act shall have no force or effect. paragraph (B). Labor Statistics, for such previous fiscal year is more than 81/2 percent. ‘‘(B) The offenses described in this subpara- SA 1712. Ms. HIRONO (for herself, graph are the following, whether in violation ‘‘(4) RECAPTURE OF UNUSED VISAS.—The of Federal or State law or in violation of the Mrs. MURRAY, Ms. MURKOWSKI, Mrs. worldwide level of merit-based immigrants law of a foreign country: BOXER, Mr. FRANKEN, Mr. LEAHY, Ms. described in paragraph (1) for a fiscal year ‘‘(i) A felony drug offense (as defined in MIKULSKI, Mrs. SHAHEEN, Ms. CANT- shall be increased by the difference (if any) section 102 of the Controlled Substances Act WELL, Ms. STABENOW, Ms. BALDWIN, between the worldwide level established under paragraph (1) for the previous fiscal (21 U.S.C. 802)). Mrs. GILLIBRAND, Ms. KLOBUCHAR, Mr. year and the number of visas actually issued ‘‘(ii) A felony offense involving firearms or MENENDEZ, Mr. SCHUMER, Mr. DURBIN, explosives or in violation of section 931 of under this subsection during that fiscal year. Mr. BENNET, and Ms. WARREN) sub- Such visas shall be allocated for the fol- title 18, United States Code (relating to pur- mitted an amendment intended to be chase, ownership, or possession of body lowing year pursuant to section 203(c)(3).’’. armor by violent felons). proposed by her to the bill S. 744, to (c) MERIT-BASED IMMIGRANTS.—Section ‘‘(iii) An offense under section 274 (relating provide for comprehensive immigration 203(c), as added by section 2301(a)(2) of this to bringing in and harboring certain aliens), reform and for other purposes; which Act, is amended to read as follows: ‘‘(c) MERIT-BASED IMMIGRANTS.— section 277 (relating to aiding or assisting was ordered to lie on the table; as fol- ‘‘(1) FISCAL YEARS 1 THROUGH 4.—For the certain aliens to enter the United States), or lows: first 4 fiscal years beginning after the date of section 278 (relating to importation of alien At the appropriate place, insert the fol- enactment of the Border Security, Economic for immoral purpose). lowing: Opportunity, and Immigration Moderniza- ‘‘(iv) A felony crime of violence (as defined SEC. lll. MERIT-BASED POINTS TRACK ONE tion Act, the worldwide level of merit-based in section 16 of title 18, United States Code). MODIFICATIONS. immigrant visas made available under sec- ‘‘(v) A crime involving obstruction of jus- (a) FINDINGS.—Congress finds that— tion 201(e)(1) shall be available for aliens de- tice, tampering with or retaliating against a (1) In many countries around the world, scribed in section 203(b)(3) and in addition to witness, victim, or informant, or burglary women do not have as many opportunities any visas available for such aliens under ‘‘(vi) Any conduct punishable under sec- for education, choices for careers, or oppor- such section. tions 1028 and 1029 of title 18, United States tunities for career advancement as men do in ‘‘(2) SUBSEQUENT FISCAL YEARS.—Beginning Code (relating to fraud and related activity those countries. with the fifth fiscal year beginning after the in connection with identification documents (2) It is important that our future immi- date of the enactment of the Border Secu- or access devices), sections 1581 through 1594 gration system take into account the dis- rity, Economic Opportunity, and Immigra- of such title (relating to peonage, slavery parate treatment that women experience in tion Modernization Act, aliens subject to the and trafficking in persons), section 1952 of other countries, and provide women a fair worldwide level specified in section 201(e) for such title (relating to interstate and foreign opportunity to immigrate to the United merit-based immigrants shall be allocated as travel or transportation in aid of racket- States through a merit point system. follows: eering enterprises), section 1956 of such (3) Under the current U.S. employment- ‘‘(A) 50 percent of the visas remaining after title(relating to the laundering of monetary based immigration system green cards are the allocation under subparagraph (C) shall instruments), section 1957 of such title (re- awarded to men over women nearly four-to- be available to applicants with the highest lating to engaging in monetary transactions one. number of points allocated under tier 1 in in property derived from specified unlawful (4) Like the current employment-based paragraph (4). activity), or sections 2312 through 2315 of system, the high-skill tier one in the merit ‘‘(B) 50 percent of the visas remaining after such title(relating to interstate transpor- point system is more likely to be used by the allocation under subparagraph (C) shall tation of stolen motor vehicles or stolen men because of the greater opportunities be available to applicants with the highest property). available to men in other countries. number of points allocated under tier 2 in ‘‘(vii) Conspiracy to commit an offense de- (5) The purpose of the third tier in the paragraph (5). scribed in specified in clauses (i) through merit point system is to provide women a ‘‘(C) 30,000 shall be available to applicants (vi).’’. fairer opportunity to compete for green with the highest number of points allocated (b) INADMISSIBILITY.—Section 212(a)(2) (8 cards by focusing the point categories on ca- under tier 3 in paragraph (6). U.S.C. 1182(a)(2)) is amended by inserting reers and experiences that are available to ‘‘(3) UNUSED VISAS.—IF THE TOTAL NUMBER after subparagraph (I) the following: women in other countries. OF VISAS ALLOCATED UNDER TIER 1, TIER 2, OR

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00092 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.030 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5195

TIER 3 FOR A FISCAL YEAR ARE NOT GRANTED ‘‘(iii) between 33 and 37 years of age shall inary occupation; an environmental service DURING THAT FISCAL YEAR, SUCH NUMBER MAY be allocated 4 points. and maintenance occupation; a retail cus- BE ADDED TO THE NUMBER OF VISAS AVAILABLE (J) COUNTRY OF ORIGIN.—An alien who is a tomer services occupation; or a small busi- UNDER SECTION 201(E)(1) FOR THE FOLLOWING national of a country of which fewer than ness operated by a sibling or parent who is a FISCAL YEAR AND ALLOCATED AS FOLLOWS: 50,000 nationals were lawfully admitted to United States citizen, shall be allocated 10 ‘‘(A) If the unused visas were allocated for permanent residence in the United States in points. tier 1 in a fiscal year, 2/3 of such visas shall the previous 5 years shall be allocated 5 (C) CIVIC INVOLVEMENT.—An alien who has be available for aliens allocated visas under points. demonstrated significant Civic involvement, tier 1 in the following fiscal year and 1/3 of ‘‘(5) TIER 2.—The Secretary shall allocate including humanitarian and volunteer ac- such visas shall be available for aliens allo- points to each alien seeking to be a tier 2 tivities, shall be allocated 2 points. cated visas under either tier 1 or tier 2 in the merit-based immigrant as follows: ‘‘(D) SIBLINGS AND MARRIED SONS AND following fiscal year. ‘‘(A) EMPLOYMENT EXPERIENCE.—An alien DAUGHTERS OF CITIZENS.—An alien who is the ‘‘(B) If the unused visas were allocated for shall be allocated 2 points for each year the sibling of a United States citizen or is older tier 2 in a fiscal year, 2/3 of such visas shall alien has been lawfully employed in the than 31 years of age and is the married son be available for aliens allocated visas under United States, for a total of not more than 20 or married daughter of a United States cit- tier 2 in the following fiscal year and 1/3 of points. izen shall be allocated 10 points. such visas shall be available for aliens allo- (B) SPECIAL EMPLOYMENT CRITERIA.—An ‘‘(E) HUMANITARIAN CONCERNS.—An alien cated visas under either tier 1 or tier 2 in the alien who is employed full-time in the who is or has been the primary caregiver of following fiscal year. United States, or has an offer of full-time a United States citizen parent or sibling suf- ‘‘(4) TIER 1.—The Secretary shall allocate employment— fering an extreme hardship, shall be allo- points to each alien seeking to be a tier 1 ‘‘(i) in a high demand tier 2 occupation cated 10 points. merit-based immigrant as follows: shall be allocated 10 points; or ‘‘(F) ENGLISH LANGUAGE.— ‘‘(A) EDUCATION.— ‘‘(ii) in a zone 1, zone 2, or zone 3 occupa- ‘‘(i) ENGLISH PROFICIENCY.—An alien who (i) IN GENERAL.—An alien may receive tion shall be allocated 10 points. has demonstrated English proficiency, as de- points under only 1 of the following cat- ‘‘(C) CAREGIVER.—An alien who is or has termined by a standardized test designated egories: been a primary caregiver shall be allocated by the Secretary of Education, shall be allo- ‘‘(I) An alien who has received a doctorate 10 points. cated 10 points. ‘‘(D) EXCEPTIONAL EMPLOYMENT RECORD.— degree from an institution of higher edu- ‘‘(ii) ENGLISH KNOWLEDGE.—An alien who cation in the United States or the foreign An alien who has a record of exceptional em- has demonstrated English knowledge, as de- equivalent shall be allocated 15 points. ployment, as determined by the Secretary, termined by a standardized test designated ‘‘(II) An alien who has received a master’s shall be allocated 10 points. In determining a by the Secretary of Education, shall be allo- degree from an institution of higher edu- record of exceptional employment, the Sec- cated 5 points. retary shall consider factors including pro- cation in the United States or the foreign ‘‘(G) AGE.—An alien who is— equivalent shall be allocated 10 points. motions, longevity, changes in occupations ‘‘(i) between 18 and 25 years of age shall be ‘‘(ii) An alien who has received a bachelor’s from a lower job zone to a higher job zone, allocated 8 points; degree from an institution of higher edu- participated in safety training, and increases (ii) between 25 and 33 years of age shall be cation (as defined in section 101(a) of the in pay. allocated 6 points; or ‘‘(E) CIVIC INVOLVEMENT.—An alien who has Higher Education Act of 1965 (20 U.S.C. ‘‘(iii) between 33 and 37 years of age shall demonstrated significant civic involvement 1001(a)) shall be allocated 5 points. be allocated 4 points. ‘‘(B) EMPLOYMENT EXPERIENCE.—An alien shall be allocated 2 points. ‘‘(H) COUNTRY OF ORIGIN.—An alien who is a shall be allocated not more than 20 points as ‘‘(F) ENGLISH LANGUAGE.— national of a country of which fewer than follows: ‘‘(i) ENGLISH PROFICIENCY.—An alien who 50,000 nationals were lawfully admitted for ‘‘(i) 3 points for each year the alien has has demonstrated English proficiency, as de- permanent residence in the United States in been lawfully employed in a zone 5 occupa- termined by a standardized test designated the previous 5 years shall be allocated 5 tion in the United States. by the Secretary of Education, shall be allo- ‘‘(ii) 2 points for each year the alien has cated 10 points. points. ‘‘(7) FEE.—An alien who is allocated a visa been lawfully employed in a zone 4 occupa- ‘‘(ii) ENGLISH KNOWLEDGE.—An alien who tion in the United States. has demonstrated English knowledge, as de- under this subsection shall pay a fee of $1,500 in addition to any fee assessed to cover the ‘‘(C) EMPLOYMENT RELATED TO EDUCATION.— termined by a standardized test designated An alien who is in the United States and is by the Secretary of Education, shall be allo- costs to process an application under this employed full-time or has an offer of full- cated 5 points. subsection, Fees collected under this para- time employment in a field related to the ‘‘(G) SIBLINGS AND MARRIED SONS AND graph shall be deposited by the Secretary alien’s education- DAUGHTERS OF CITIZENS.—An alien who is the into the Comprehensive Immigration Reform ‘‘(i) in a zone 5 occupation shall be allo- sibling of a citizen of the United States or is Trust Fund established under section 6(a)(1) cated 10 points; or over the age of 31 and is the married son or of the Border Security, Economic Oppor- ‘‘(ii) in a zone 4 occupation shall be allo- married daughter of a citizen of the United tunity, and Immigration Modernization Act. cated 8 points. States shall be allocated 10 points. ‘‘(8) ELIGIBILITY OF ALIENS IN REGISTERED ‘‘(D) ENTREPRENEURSHIP.—An alien who is (H) AGE.—An alien who is— PROVISIONAL IMMIGRANT STATUS.—An alien an entrepreneur in business that employs at ‘‘(i) between 18 and 24 years of age shall be who was granted registered provisional im- least 2 employees in a zone 4 occupation or a allocated 8 points; migrant status under section 245B is not eli- zone 5 occupation shall be allocated 10 ‘‘(ii) between 25 and 32 years of age shall be gible to receive a merit-based immigrant points. allocated 6 points; or visa under section 201(e). ‘‘(E) HIGH DEMAND OCCUPATION.—An alien ‘‘(iii) between 33 and 37 years of age shall ‘‘(9) INELIGIBILITY OF ALIENS WITH PENDING who is employed full-time in the United be allocated 4 points. OR APPROVED PETITIONS.—An alien who has a States or has an offer of full-time employ- ‘‘(1) COUNTRY OF ORIGIN.—An alien who is a petition pending or approved in another im- ment in a high demand tier 1 occupation national of a country of which fewer than migrant category under this section or sec- shall be allocated 10 points. 50,000 nationals were lawfully admitted to tion 201 may not apply for a merit-based im- ‘‘(F) CIVIC INVOLVEMENT.—An alien who has permanent residence in the United States in migrant visa. attested that he or she has engaged in a sig- the previous 5 years shall be allocated 5 ‘‘(10) DEFINITIONS.—In this subsection: nificant amount of community service, as points. (A) HIGH DEMAND TIER 1 OCCUPATION.—The determined by the Secretary, shall be allo- ‘‘(6) TIER 3.—The Secretary shall allocate term ‘high demand tier 1 occupation’ means cated 2 points. points to each alien seeking to be a tier 3 1 of the 5 occupations for which the highest ‘‘(G) ENGLISH LANGUAGE.—An alien who re- merit-based immigrant as follows: number of nonimmigrants described in sec- ceived a score of 80 or more on the Test of (A) EMPLOYMENT EXPERIENCE.—An alien tion 101(a)(15)(H)(i) were sought to be admit- English as a Foreign Language, or an equiva- shall be allocated 2 points for each year the ted by employers during the previous fiscal lent score on a similar test, as determined by alien has been lawfully employed in the year. the Secretary, shall be allocated 10 points. United States, for a total of not more than 10 ‘‘(B) HIGH DEMAND TIER 2 OCCUPATION.—The ‘‘(H) SIBLINGS AND MARRIED SONS AND points. term ‘high demand tier 2 occupation’ means DAUGHTERS OF CITIZENS.—An alien who is the ‘‘(B) SPECIAL EMPLOYMENT CRITERIA.—An 1 of the 5 occupations for which the highest sibling of a citizen of the United States or alien who is employed full-time in the number of positions were sought to become who is over 31 years of age and is the married United States (or has an offer of full-time registered positions by employers under sec- son or married daughter of a citizen of the employment) in a health services occupa- tion 220(e) during the previous fiscal year. United States shall be allocated 10 points. tion, including direct caregiver, informal ‘‘(C) SECRETARY.—The term ‘Secretary’ ‘‘(I) AGE.—An alien who is— caregiver, home health provider, or nurse; a means the Secretary of Homeland Security. ‘‘(i) between 18 and 24 years of age shall be clerical or professional services occupation; ‘‘(D) ZONE 1 OCCUPATION.—The term ‘zone 1 allocated 8 points; a teaching occupation, including early or in- occupation’ means an occupation that re- ‘‘(ii) between 25 and 32 years of age shall be formal learning provider, teacher assistant, quires little or no preparation and is classi- allocated 6 points; or and elementary or secondary teacher; a cul- fied as a zone 1 occupation on—

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00093 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.033 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5196 CONGRESSIONAL RECORD — SENATE June 25, 2013

(i) the Occupational Information Network ‘‘(A) NUMERICAL LIMITATION.—Subject to be available for aliens allocated visas under Database (0*NET) on the date of the enact- paragraphs (2), (3), and (4), the worldwide tier 1 in the following fiscal year and 1⁄3 of ment of the Border Security, Economic Op- level of merit-based immigrants is equal to such visas shall be available for aliens allo- portunity, and Immigration Modernization 150,000 for each fiscal year. cated visas under either tier 1 or tier 2 in the Act; or ‘‘(B) STATUS.—An alien admitted on the following fiscal year. ‘‘(ii) such Database or a similar successor basis of a merit-based immigrant visa under ‘‘(B) If the unused visas were allocated for database, as designated by the Secretary of this section shall have the status of an alien tier 2 in a fiscal year, 2⁄3 of such visas shall Labor, after such date of enactment. lawfully admitted for permanent residence. be available for aliens allocated visas under ‘‘(E) ZONE 2 OCCUPATION.—The term ‘zone 2 ‘‘(2) ANNUAL INCREASE.— tier 2 in the following fiscal year and 1⁄3 of occupation’ means an occupation that re- ‘‘(A) IN GENERAL.—Subject to subparagraph such visas shall be available for aliens allo- quires some preparation and is classified as a (B) and paragraph (3), if in any fiscal year cated visas under either tier 1 or tier 2 in the zone 2 occupation on— the worldwide level of visas available for following fiscal year. (i) the Occupational Information Network merit-based immigrants under this section— ‘‘(4) TIER 1.—The Secretary shall allocate Database (0*NET) on the date of the enact- ‘‘(i) is less than 75 percent of the number of points to each alien seeking to be a tier 1 ment of the Border Security, Economic Op- applicants for such fiscal year, the worldwide merit-based immigrant as follows: portunity, and Immigration Modernization level shall increase by 5 percent for the next ‘‘(A) EDUCATION.— Act; or fiscal year; and ‘‘(i) IN GENERAL.—An alien may receive ‘‘(ii) such Database or a similar successor ‘‘(ii) is equal to or more than 75 percent of points under only 1 of the following cat- database, as designated by the Secretary of such number, the worldwide level for the egories: Labor, after such date of enactment. next fiscal year shall be the same as the ‘‘(I) An alien who has received a doctorate ‘‘(F) ZONE 3 OCCUPATION.—The term ‘zone 3 worldwide level for such fiscal year, minus degree from an institution of higher edu- occupation’ means an occupation that re- any amount added to the worldwide level for cation in the United States or the foreign quires medium preparation and is classified such fiscal year under paragraph (4). equivalent shall be allocated 15 points. ‘‘(B) LIMITATION ON INCREASE.—The world- as a zone 3 occupation on— ‘‘(II) An alien who has received a master’s ‘‘(i) the Occupational Information Network wide level of visas available for merit-based degree from an institution of higher edu- Database (0*NET) on the date of the enact- immigrants shall not exceed 280,000. cation in the United States or the foreign ‘‘(3) EMPLOYMENT CONSIDERATION.—The ment of the Border Security, Economic Op- equivalent shall be allocated 10 points. worldwide level of visas available for merit- portunity, and Immigration Modernization ‘‘(ii) An alien who has received a bachelor’s based immigrants may not be increased for a Act; or degree from an institution of higher edu- fiscal year under paragraph (2) if the annual ‘‘(ii) such Database or a similar successor cation (as defined in section 101(a) of the average unemployment rate for the civilian database, as designated by the Secretary of Higher Education Act of 1965 (20 U.S.C. labor force 18 years or over in the United Labor, after such date of enactment. 1001(a)) shall be allocated 5 points. States, as determined by the Bureau of (G) ZONE 4 OCCUPATION.—The term ‘zone 4 ‘‘(B) EMPLOYMENT EXPERIENCE.—An alien Labor Statistics, for such previous fiscal occupation’ means an occupation that re- shall be allocated not more than 20 points as year is more than 81⁄2 percent. quires considerable preparation and is classi- follows: ‘‘(4) RECAPTURE OF UNUSED VISAS.—The fied as a zone 4 occupation on— ‘‘(i) 3 points for each year the alien has worldwide level of merit-based immigrants (i) the Occupational Information Network been lawfully employed in a zone 5 occupa- described in paragraph (1) for a fiscal year Database (0*NET) on the date of the enact- tion in the United States. shall be increased by the difference (if any) ‘‘(ii) 2 points for each year the alien has ment of the Border Security, Economic Op- between the worldwide level established been lawfully employed in a zone 4 occupa- portunity, and Immigration Modernization under paragraph (1) for the previous fiscal tion in the United States. Act; or year and the number of visas actually issued ‘‘(C) EMPLOYMENT RELATED TO EDUCATION.— ‘‘(ii) such Database or a similar successor under this subsection during that fiscal year. An alien who is in the United States and is database, as designated by the Secretary of Such visas shall be allocated for the fol- employed full-time or has an offer of full- Labor, after such date of enactment. lowing year pursuant to section 203(c)(3).’’. time employment in a field related to the ‘‘(H) ZONE 5 OCCUPATION.—The term ‘zone 5 (b) MERIT-BASED IMMIGRANTS.—Section occupation’ means an occupation that re- alien’s education— 203(c), as added by section 2301(a)(2) of this ‘‘(i) in a zone 5 occupation shall be allo- quires extensive preparation and is classified Act, is amended to read as follows: cated 10 points; or as a zone 5 occupation on— ‘‘(c) MERIT-BASED IMMIGRANTS.— ‘‘(ii) in a zone 4 occupation shall be allo- ‘‘(i) the Occupational Information Network ‘‘(1) FISCAL YEARS 1 THROUGH 4.—For the cated 8 points. Database (0*NET) on the date of the enact- first 4 fiscal years beginning after the date of ‘‘(D) ENTREPRENEURSHIP.—An alien who is ment of the Border Security, Economic Op- enactment of the Border Security, Economic an entrepreneur in business that employs at portunity, and Immigration Modernization Opportunity, and Immigration Moderniza- least 2 employees in a zone 4 occupation or a Act; or tion Act, the worldwide level of merit-based zone 5 occupation shall be allocated 10 ‘‘(ii) such Database or a similar successor immigrant visas made available under sec- points. database, as designated by the Secretary of tion 201(e)(1) shall be available for aliens de- ‘‘(E) HIGH DEMAND OCCUPATION.—An alien Labor, after such date of enactment.’’. scribed in section 203(b)(3) and in addition to who is employed full-time in the United ‘‘(d) RULE OF CONSTRUCTION.— any visas available for such aliens under States or has an offer of full-time employ- The amendments made by this section such section. ment in a high demand tier 1 occupation shall apply notwithstanding Title II or any ‘‘(2) SUBSEQUENT FISCAL YEARS.—Beginning shall be allocated 10 points. other section of this Act. with the fifth fiscal year beginning after the ‘‘(F) CIVIC INVOLVEMENT.—An alien who has date of the enactment of the Border Secu- attested that he or she has engaged in a sig- SA 1713. Ms. HIRONO (for herself, rity, Economic Opportunity, and Immigra- nificant amount of community service, as Mrs. MURRAY, Ms. MURKOWSKI, Mrs. tion Modernization Act, aliens subject to the determined by the Secretary, shall be allo- BOXER, Mr. LEAHY, Mr. FRANKEN, Ms. worldwide level specified in section 201(e) for cated 2 points. MIKULSKI, Mrs. SHAHEEN, Ms. CANT- merit-based immigrants shall be allocated as ‘‘(G) ENGLISH LANGUAGE.—An alien who re- WELL, Ms. STABENOW, Ms. BALDWIN, follows: ceived a score of 80 or more on the Test of Mrs. GILLIBRAND, Ms. KLOBUCHAR, Mr. ‘‘(A) 50 percent of the visas remaining after English as a Foreign Language, or an equiva- the allocation under subparagraph (C) shall lent score on a similar test, as determined by MENENDEZ, Mr. SCHUMER, Mr. DURBIN, be available to applicants with the highest the Secretary, shall be allocated 10 points. Mr. BENNET, and Ms. WARREN) sub- number of points allocated under tier 1 in ‘‘(H) SIBLINGS AND MARRIED SONS AND mitted an amendment intended to be paragraph (4). DAUGHTERS OF CITIZENS.—An alien who is the proposed by her to the bill S. 744, to ‘‘(B) 50 percent of the visas remaining after sibling of a citizen of the United States or provide for comprehensive immigration the allocation under subparagraph (C) shall who is over 31 years of age and is the married reform and for other purposes; which be available to applicants with the highest son or married daughter of a citizen of the was ordered to lie on the table; as fol- number of points allocated under tier 2 in United States shall be allocated 10 points. paragraph (5). AGE.—An alien who is— lows: ‘‘(C) 30,000 shall be available to applicants ‘‘(i) between 18 and 24 years of age shall be At the appropriate place, insert the fol- with the highest number of points allocated allocated 8 points; lowing: under tier 3 in paragraph (6). ‘‘(ii) between 25 and 32 years of age shall be SEC. lll. MERIT-BASED POINTS TRACK ONE ‘‘(3) UNUSED VISAS.—If the total number of allocated 6 points; or MODIFICATIONS. visas allocated under tier 1, tier 2, or tier 3 ‘‘(iii) between 33 and 37 years of age shall (a) WORLDWIDE LEVEL OF MERIT-BASED IM- for a fiscal year are not granted during that be allocated 4 points. MIGRANTS.—Section 201(e) (8 U.S.C. 1151(e)), fiscal year, such number may be added to the ‘‘(J) COUNTRY OF ORIGIN.—An alien who is a as amended by section 2301(a)(1), is amended number of visas available under section national of a country of which fewer than to read as follows: 201(e)(1) for the following fiscal year and al- 50,000 nationals were lawfully admitted to ‘‘(e) WORLDWIDE LEVEL OF MERIT-BASED IM- located as follows: permanent residence in the United States in MIGRANTS.— ‘‘(A) If the unused visas were allocated for the previous 5 years shall be allocated 5 ‘‘(1) IN GENERAL.— tier 1 in a fiscal year, 2⁄3 of such visas shall points.

VerDate Mar 15 2010 03:08 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00094 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.034 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5197

‘‘(5) TIER 2.—The Secretary shall allocate including humanitarian and volunteer ac- quires some preparation and is classified as a points to each alien seeking to be a tier 2 tivities, shall be allocated 2 points. zone 2 occupation on— merit-based immigrant as follows: ‘‘(D) SIBLINGS AND MARRIED SONS AND ‘‘(i) the Occupational Information Network ‘‘(A) EMPLOYMENT EXPERIENCE.—An alien DAUGHTERS OF CITIZENS.—An alien who is the Database (O*NET) on the date of the enact- shall be allocated 2 points for each year the sibling of a United States citizen or is older ment of the Border Security, Economic Op- alien has been lawfully employed in the than 31 years of age and is the married son portunity, and Immigration Modernization United States, for a total of not more than 20 or married daughter of a United States cit- Act; or points. izen shall be allocated 10 points. ‘‘(ii) such Database or a similar successor ‘‘(B) SPECIAL EMPLOYMENT CRITERIA.—An ‘‘(E) HUMANITARIAN CONCERNS.—An alien database, as designated by the Secretary of alien who is employed full-time in the who is or has been the primary caregiver of Labor, after such date of enactment. United States, or has an offer of full-time a United States citizen parent or sibling suf- ‘‘(F) ZONE 3 OCCUPATION.—The term ‘zone 3 employment— fering an extreme hardship, shall be allo- occupation’ means an occupation that re- ‘‘(i) in a high demand tier 2 occupation cated 10 points. quires medium preparation and is classified shall be allocated 10 points; or ‘‘(F) ENGLISH LANGUAGE.— as a zone 3 occupation on— ‘‘(ii) in a zone 1, zone 2, or zone 3 occupa- ‘‘(i) ENGLISH PROFICIENCY.—An alien who ‘‘(i) the Occupational Information Network tion shall be allocated 10 points. has demonstrated English proficiency, as de- Database (O*NET) on the date of the enact- ‘‘(C) CAREGIVER.—An alien who is or has termined by a standardized test designated ment of the Border Security, Economic Op- been a primary caregiver shall be allocated by the Secretary of Education, shall be allo- portunity, and Immigration Modernization 10 points. cated 10 points. Act; or ‘‘(D) EXCEPTIONAL EMPLOYMENT RECORD.— ‘‘(ii) ENGLISH KNOWLEDGE.—An alien who ‘‘(ii) such Database or a similar successor An alien who has a record of exceptional em- has demonstrated English knowledge, as de- database, as designated by the Secretary of ployment, as determined by the Secretary, termined by a standardized test designated Labor, after such date of enactment. shall be allocated 10 points. In determining a by the Secretary of Education, shall be allo- ‘‘(G) ZONE 4 OCCUPATION.—The term ‘zone 4 record of exceptional employment, the Sec- cated 5 points. occupation’ means an occupation that re- (G) AGE.—An alien who is— retary shall consider factors including pro- quires considerable preparation and is classi- ‘‘(i) between 18 and 25 years of age shall be motions, longevity, changes in occupations fied as a zone 4 occupation on— from a lower job zone to a higher job zone, allocated 8 points; ‘‘(ii) between 25 and 33 years of age shall be ‘‘(i) the Occupational Information Network participated in safety training, and increases allocated 6 points; or Database (O*NET) on the date of the enact- in pay. ‘‘(iii) between 33 and 37 years of age shall ment of the Border Security, Economic Op- ‘‘(E) CIVIC INVOLVEMENT.—An alien who has be allocated 4 points. portunity, and Immigration Modernization demonstrated significant civic involvement ‘‘(H) COUNTRY OF ORIGIN.—An alien who is a Act; or shall be allocated 2 points. national of a country of which fewer than ‘‘(ii) such Database or a similar successor ‘‘(F) ENGLISH LANGUAGE.— 50,000 nationals were lawfully admitted for database, as designated by the Secretary of ‘‘(i) ENGLISH PROFICIENCY.—An alien who permanent residence in the United States in Labor, after such date of enactment. has demonstrated English proficiency, as de- the previous 5 years shall be allocated 5 ‘‘(H) ZONE 5 OCCUPATION.—The term ‘zone 5 termined by a standardized test designated points. occupation’ means an occupation that re- by the Secretary of Education, shall be allo- ‘‘(7) FEE.—An alien who is allocated a visa quires extensive preparation and is classified cated 10 points. under this subsection shall pay a fee of $1,500 as a zone 5 occupation on— ‘‘(ii) ENGLISH KNOWLEDGE.—An alien who in addition to any fee assessed to cover the ‘‘(i) the Occupational Information Network has demonstrated English knowledge, as de- costs to process an application under this Database (O*NET) on the date of the enact- termined by a standardized test designated subsection. Fees collected under this para- ment of the Border Security, Economic Op- by the Secretary of Education, shall be allo- graph shall be deposited by the Secretary portunity, and Immigration Modernization cated 5 points. into the Comprehensive Immigration Reform Act; or ‘‘(G) SIBLINGS AND MARRIED SONS AND Trust Fund established under section 6(a)(1) ‘‘(ii) such Database or a similar successor DAUGHTERS OF CITIZENS.—An alien who is the of the Border Security, Economic Oppor- database, as designated by the Secretary of sibling of a citizen of the United States or is tunity, and Immigration Modernization Act. Labor, after such date of enactment.’’. over the age of 31 and is the married son or ‘‘(8) ELIGIBILITY OF ALIENS IN REGISTERED ‘‘(d) RULE OF CONSTRUCTION— married daughter of a citizen of the United PROVISIONAL IMMIGRANT STATUS.—An alien The amendments made by this section States shall be allocated 10 points. who was granted registered provisional im- shall apply notwithstanding Title II or any ‘‘(H) AGE.—An alien who is— migrant status under section 245B is not eli- other section of this Act. ‘‘(i) between 18 and 24 years of age shall be gible to receive a merit-based immigrant allocated 8 points; visa under section 201(e). SA 1714. Mr. BROWN (for himself, ‘‘(ii) between 25 and 32 years of age shall be ‘‘(9) INELIGIBILITY OF ALIENS WITH PENDING allocated 6 points; or Mr. ENZI, Mr. CASEY, Mr. BEGICH, Mr. OR APPROVED PETITIONS.—An alien who has a ‘‘(iii) between 33 and 37 years of age shall PRYOR, Mr. TESTER, and Mr. JOHNSON petition pending or approved in another im- of South Dakota) submitted an amend- be allocated 4 points. migrant category under this section or sec- ‘‘(I) COUNTRY OF ORIGIN.—An alien who is a tion 201 may not apply for a merit-based im- ment intended to be proposed by him national of a country of which fewer than migrant visa. to the bill S. 744, to provide for com- 50,000 nationals were lawfully admitted to ‘‘(10) DEFINITIONS.—In this subsection: prehensive immigration reform and for permanent residence in the United States in ‘‘(A) HIGH DEMAND TIER 1 OCCUPATION.—The other purposes; which was ordered to the previous 5 years shall be allocated 5 term ‘high demand tier 1 occupation’ means lie on the table; as follows: points. 7 of the 5 occupations for which the highest At the appropriate place insert the fol- ‘‘(6) TIER 3.—The Secretary shall allocate number of nonimmigrants described in sec- lowing: points to each alien seeking to be a tier 3 tion 107(a)(15)(H)(i) were sought to be admit- merit-based immigrant as follows: ted by employers during the previous fiscal SEC. ll. INCLUSION OF ACCOUNTING FROM H- ‘‘(A) EMPLOYMENT EXPERIENCE.—An alien year. 1B CAP. shall be allocated 2 points for each year the ‘‘(B) HIGH DEMAND TIER 2 OCCUPATION.—The Section 214(g)(5)(C) (8 U.S.C. 1184(g)(5)(C)), alien has been lawfully employed in the term ‘high demand tier 2 occupation’ means as amended by section 4101(b), is further United States, for a total of not more than 10 1 of the 5 occupations for which the highest amended by inserting ‘‘or accounting,’’ after points. number of positions were sought to become ‘‘physical sciences,’’. ‘‘(B) SPECIAL EMPLOYMENT CRITERIA.—An registered positions by employers under sec- alien who is employed full-time in the tion 220(e) during the previous fiscal year. SA 1715. Mr. COONS submitted an United States (or has an offer of full-time ‘‘(C) SECRETARY.—The term ‘Secretary’ amendment intended to be proposed by employment) in a health services occupa- means the Secretary of Homeland Security. him to the bill S. 744, to provide for tion, including direct caregiver, informal ‘‘(D) ZONE 1 OCCUPATION.—The term ‘zone 1 comprehensive immigration reform caregiver, home health provider, or nurse; a occupation’ means an occupation that re- clerical or professional services occupation; and for other purposes; which was or- quires little or no preparation and is classi- dered to lie on the table; as follows: a teaching occupation, including early or in- fied as a zone 1 occupation on— formal learning provider, teacher assistant, ‘‘(i) the Occupational Information Network On page 1646, beginning on line 23, strike and elementary or secondary teacher; a cul- Database (O*NET) on the date of the enact- ‘‘the Illegal Immigration Reform and Immi- inary occupation; an environmental service ment of the Border Security, Economic Op- grant Responsibility Act of 1996.’’ and insert and maintenance occupation; a retail cus- portunity, and Immigration Modernization ‘‘the Border Security, Economic Oppor- tomer services occupation; or a small busi- Act; or tunity, and Immigration Modernization ness operated by a sibling or parent who is a ‘‘(ii) such Database or a similar successor Act.’’. United States citizen, shall be allocated 10 database, as designated by the Secretary of On page 1667, beginning on line 20, strike points. Labor, after such date of enactment. ‘‘4105(e)(4) of the Illegal Immigration Reform ‘‘(C) CIVIC INVOLVEMENT.—An alien who has ‘‘(E) ZONE 2 OCCUPATION.—The term ‘zone 2 and Immigrant Responsibility Act of 1996’’ demonstrated significant civic involvement, occupation’ means an occupation that re- and insert ‘‘4104(e) of the Border Security,

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00095 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.036 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5198 CONGRESSIONAL RECORD — SENATE June 25, 2013

Economic Opportunity, and Immigration ‘‘(I) IN GENERAL.—An additional 5,000 visas senting the employment authorization docu- Modernization Act’’. for each fiscal year shall be reallocated from ment is the rightful holder; unused visas if the Secretary determines, (2) how best to enable United States citi- SA 1716. Mr. WARNER submitted an after receiving the report required by sub- zens and aliens lawfully present in the amendment intended to be proposed by clause (II), that the provision of visas under United States to better secure the accuracy him to the bill S. 744, to provide for this paragraph has been effective in creating and privacy of their digital interactions with comprehensive immigration reform new businesses and that there would be addi- Federal information systems; and and for other purposes; which was or- tional economic benefit derived from the (3) a timetable for the actions described in dered to lie on the table; as follows: provision of additional visas under this para- paragraphs (1) and (2). graph. (b) ADVISORY COMMITTEE.— At the appropriate place, insert the fol- ‘‘(II) GAO REPORT.—Not later than 30 days (1) ESTABLISHMENT.—The Secretary shall lowing: after the end of each fiscal year, the Comp- establish an advisory committee to support a SEC. lll. REQUIREMENTS FOR INVEST VISA. troller General of the United States shall public-private, multi-stakeholder process (a) INVEST NONIMMIGRANTS.—Section submit to Congress and the Secretary a re- that includes relevant Federal agencies and 214(s)(3) of the Immigration and Nationality port on the effectiveness of providing visas groups representing the State governors, Act, as added by section 4801, is further motor vehicle administrators, civil liberties amended— under this section in creating new businesses groups, public safety organizations, rep- (1) in subparagraph (A), by striking and recommendations with respect to the resentatives of the technology, financial ‘‘$250,000’’ and inserting ‘‘an additional provision of such visas. The Secretary shall services and healthcare sectors, and such $150,000’’; and provide any necessary data to Comptroller other public or private entities as the Sec- (2) by adding at the end the following: General upon request.’’; retary considers appropriate. ‘‘The alien may obtain a 2-year renewal if (3) in subparagraph (C)(i)(III)— (2) FUNCTIONS.—The advisory committee the alien sold his or her United States busi- (A) by striking ‘‘3-year period’’ and insert- established pursuant to paragraph (1) shall— ness entity to an unrelated United States ing ‘‘6-year period’’; (A) collect and analyze recommendations business entity for an amount not less than (B) in item (bb)(BB)— from the stakeholders described in paragraph $250,000, in a bona fide arm’s-length trans- (i) by striking ‘‘2-year period’’ and insert- (1) with respect to the assessment conducted action, and prior to such sale, the alien’s ing ‘‘3-year period’’; and under subsection (a); and United States business entity created no (ii) by inserting after ‘‘revenue’’ the fol- (B) provide Congress with any ongoing rec- fewer than 3 qualified jobs.’’. lowing: ‘‘, in any 12-month period during ommendations for legislative and adminis- (b) INVEST IMMIGRANTS.—Section 203(b)(6) that 3-year period,’’. of the Immigration and Nationality Act, as trative action regarding improvements to added by section 4802, is further amended— SA 1717. Mr. WARNER submitted an the security, integrity, and privacy of gov- (1) in subparagraph (A)— amendment intended to be proposed by ernment issued credentials and systems. (c) AUTHORIZATION OF APPROPRIATIONS.— (A) by striking clause (ii) and inserting the him to the bill S. 744, to provide for There are authorized to be appropriated to following: comprehensive immigration reform the Secretary such sums as may be nec- ‘‘(ii) QUALIFIED ENTREPRENEUR.— and for other purposes; which was or- essary to enter into agreements with the Na- ‘‘(I) IN GENERAL.—The term ‘qualified en- dered to lie on the table; as follows: tional Academy of Sciences to provide re- trepreneur’ means an individual who— Beginning on page 1298, strike line 18 and views and intellectual support for the mis- ‘‘(aa) has a significant ownership interest, all that follows through page 1299, line 11, sion of the advisory committee established which need not constitute a majority inter- and insert the following: pursuant to subsection (b)(1). est, in a United States business entity; SEC. 2552. FILING OF APPLICATIONS NOT RE- ‘‘(bb) is employed in a senior executive po- QUIRING REGULAR INTERNET AC- SA 1718. Ms. HIRONO (for herself, sition of such United States business entity; CESS. Mrs. MURRAY, Ms. MURKOWSKI, Mrs. and (a) ELECTRONIC FILING NOT REQUIRED.— ‘‘(cc) had a substantial role in the founding (1) IN GENERAL.—The Secretary may not re- BOXER, Mr. LEAHY, Mr. FRANKEN, Ms. or early-stage growth and development of quire that an applicant or petitioner for per- MIKULSKI, Mrs. SHAHEEN, Ms. CANT- such United States business entity. manent residence or United States citizen- WELL, Ms. STABENOW, Ms. BALDWIN, ‘‘(II) WAIVER OF SIGNIFICANT OWNER INTER- ship use an electronic method to file any ap- Mrs. GILLIBRAND, Ms. KLOBUCHAR, Mr. EST REQUIREMENT.—Notwithstanding sub- plication, or to access a customer account as MENENDEZ, Mr. SCHUMER, and Ms. WAR- clause (I)(aa), the Secretary may determine the sole means of applying for such status. REN) submitted an amendment in- that an individual that does not have a sig- (2) SUNSET DATE.—This subsection shall tended to be proposed by her to the bill nificant ownership interest in a United cease to be effective on October 1, 2020. S. 744, to provide for comprehensive States business entity but that otherwise (b) NOTIFICATION REQUIREMENT.—Beginning meets the requirements of subclause (I) is a on October 1, 2020, the Secretary may not re- immigration reform and for other pur- qualified entrepreneur if the business entity quire that an applicant or petitioner for per- poses; which was ordered to lie on the was acquired in a bona fide arm’s length manent residence or citizenship of the table; as follows: transaction by another United States busi- United States use an electronic method to At the appropriate place, insert the fol- ness entity.’’; file any application or to access a customer lowing: (B) in clause (v), by striking subclause (III) account unless the Secretary notifies the SEC. lll. MERIT-BASED POINTS TRACK ONE and inserting the following: Committee on the Judiciary of the Senate MODIFICATIONS. ‘‘(III)(aa) pays a wage that is not less than and the Committee on the Judiciary of the (a) FINDINGS.—Congress finds the fol- 250 percent of the Federal minimum wage; or House of Representatives of such require- lowing: ‘‘(bb) provides to the holder of the position ment not later than 30 days before the effec- (1) In many countries around the world, equity compensation in an amount equal to tive date of such requirement. women do not have as many opportunities (c) ENABLING DIGITAL PAPERWORK PROC- not less than 1 percent of the equity of the for education, choices for careers, or oppor- ESSING.—In order to improve efficiency and United States business entity on an ‘as-con- tunities for career advancement as men do in to discourage fraud, the Secretary may pro- verted’ basis.’’; and those countries. vide incentives to encourage digital filing, (C) in clause (viii)(III), by striking items (2) It is important that our future immi- including expedited processing, modified fil- (cc) and (dd) and inserting the following: gration system— ing fees, or discounted membership in trust- ‘‘(cc) has been advising such entity or ed traveler programs, if the Secretary pro- (A) take into account the disparate treat- other similar funds or a series of funds for at vides electronic access to a digital applica- ment that women experience in other coun- least 2 years; and tion process in application support centers, tries; and ‘‘(dd) has advised such entity or a similar district offices, or other ubiquitous, commer- (B) provide women a fair opportunity to fund or a series of funds with respect to at cial, and nongovernmental organization lo- immigrate to the United States through a least 2 investments of not less than $500,000 cations designated by the Secretary. merit-based point system. made by such entity or similar fund or series On page 1418, strike lines 12 through 19 and (3) Under the current United States em- of funds during at least 2 of the most recent insert the following: ployment-based immigration system, green 3 years.’’; SEC. 3103. INCREASING SECURITY AND INTEG- cards are awarded to men over women nearly (2) by striking subparagrah (B) and insert- RITY OF GOVERNMENT-ISSUED CRE- four-to-one. ing the following: DENTIALS AND SYSTEMS. (4) Like the current employment-based ‘‘(B) AVAILABILITY OF VISAS.— (a) ASSESSMENT.—Not later than 18 months system, the high-skill tier one in the merit ‘‘(i) IN GENERAL.—Visas shall be available, after the date of the enactment of this Act, point system is more likely to be used by in a number not to exceed 10,000 for each fis- the Secretary, in coordination with the Na- men because of the greater opportunities cal year, to qualified immigrants seeking to tional Institute of Standards and Tech- available to men in other countries. enter the United States for the purpose of nology, shall submit an assessment, with (5) The purpose of the third tier of the creating new businesses, as described in this recommendations to Congress on— merit-based point system is to provide paragraph. (1) the feasibility of automated biometric women a fairer opportunity to compete for ‘‘(ii) ADDITIONAL VISAS.— comparison to verify that the person pre- green cards by focusing the point categories

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00096 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.039 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5199

on careers and experiences that are available ‘‘(C) 30,000 shall be available to applicants ‘‘(I) AGE.—An alien who is— to women in other countries. with the highest number of points allocated ‘‘(i) between 18 and 24 years of age shall be (b) WORLDWIDE LEVEL OF MERIT-BASED IM- under tier 3 in paragraph (6). allocated 8 points; MIGRANTS.—Section 201(e) (8 U.S.C. 1151(e)), ‘‘(3) UNUSED VISAS.—If the total number of ‘‘(ii) between 25 and 32 years of age shall be as amended by section 2301(a)(1), is amended visas allocated under tier 1, tier 2, or tier 3 allocated 6 points; or to read as follows: for a fiscal year are not granted during that ‘‘(iii) between 33 and 37 years of age shall fiscal year, such number may be added to the be allocated 4 points. ‘‘(e) WORLDWIDE LEVEL OF MERIT-BASED IM- number of visas available under section ‘‘(J) COUNTRY OF ORIGIN.—An alien who is a MIGRANTS.— 201(e)(1) for the following fiscal year and al- national of a country of which fewer than ‘‘(1) IN GENERAL.— located as follows: 50,000 nationals were lawfully admitted to ‘‘(A) NUMERICAL LIMITATION.—Subject to ‘‘(A) If the unused visas were allocated for permanent residence in the United States in paragraphs (2), (3), and (4), the worldwide tier 1 in a fiscal year, 2/3 of such visas shall the previous 5 years shall be allocated 5 level of merit-based immigrants is equal to be available for aliens allocated visas under points. 150,000 for each fiscal year. tier 1 in the following fiscal year and 1/3 of ‘‘(5) TIER 2.—The Secretary shall allocate ‘‘(B) STATUS.—An alien admitted on the such visas shall be available for aliens allo- points to each alien seeking to be a tier 2 basis of a merit-based immigrant visa under cated visas under either tier 1 or tier 2 in the merit-based immigrant as follows: this section shall have the status of an alien following fiscal year. ‘‘(A) EMPLOYMENT EXPERIENCE.—An alien lawfully admitted for permanent residence. ‘‘(B) If the unused visas were allocated for shall be allocated 2 points for each year the ‘‘(2) ANNUAL INCREASE.— tier 2 in a fiscal year, 2/3 of such visas shall alien has been lawfully employed in the ‘‘(A) IN GENERAL.—Subject to subparagraph be available for aliens allocated visas under United States, for a total of not more than 20 (B) and paragraph (3), if in any fiscal year tier 2 in the following fiscal year and 1/3 of points. the worldwide level of visas available for such visas shall be available for aliens allo- ‘‘(B) SPECIAL EMPLOYMENT CRITERIA.—An merit-based immigrants under this section— cated visas under either tier 1 or tier 2 in the alien who is employed full-time in the ‘‘(i) is less than 75 percent of the number of following fiscal year. United States, or has an offer of full-time applicants for such fiscal year, the worldwide ‘‘(4) TIER 1.—The Secretary shall allocate employment— level shall increase by 5 percent for the next points to each alien seeking to be a tier 1 ‘‘(i) in a high demand tier 2 occupation fiscal year; and merit-based immigrant as follows: shall be allocated 10 points; or ‘‘(ii) is equal to or more than 75 percent of ‘‘(A) EDUCATION.— ‘‘(ii) in a zone 1, zone 2, or zone 3 occupa- such number, the worldwide level for the ‘‘(i) IN GENERAL.—An alien may receive tion shall be allocated 10 points. next fiscal year shall be the same as the points under only 1 of the following cat- ‘‘(C) CAREGIVER.—An alien who is or has worldwide level for such fiscal year, minus egories: been a primary caregiver shall be allocated any amount added to the worldwide level for ‘‘(I) An alien who has received a doctorate 10 points. such fiscal year under paragraph (4). degree from an institution of higher edu- ‘‘(D) EXCEPTIONAL EMPLOYMENT RECORD.— ‘‘(B) LIMITATION ON INCREASE.—The world- cation in the United States or the foreign An alien who has a record of exceptional em- wide level of visas available for merit-based equivalent shall be allocated 15 points. ployment, as determined by the Secretary, immigrants shall not exceed 280,000. ‘‘(II) An alien who has received a master’s shall be allocated 10 points. In determining a ‘‘(3) EMPLOYMENT CONSIDERATION.—The degree from an institution of higher edu- record of exceptional employment, the Sec- worldwide level of visas available for merit- cation in the United States or the foreign retary shall consider factors including pro- based immigrants may not be increased for a equivalent shall be allocated 10 points. motions, longevity, changes in occupations fiscal year under paragraph (2) if the annual ‘‘(ii) An alien who has received a bachelor’s from a lower job zone to a higher job zone, average unemployment rate for the civilian degree from an institution of higher edu- participated in safety training, and increases labor force 18 years or over in the United cation (as defined in section 101(a) of the in pay. States, as determined by the Bureau of Higher Education Act of 1965 (20 U.S.C. ‘‘(E) CIVIC INVOLVEMENT.—An alien who has Labor Statistics, for such previous fiscal 1001(a)) shall be allocated 5 points. demonstrated significant civic involvement year is more than 81/2 percent. ‘‘(B) EMPLOYMENT EXPERIENCE.—An alien shall be allocated 2 points. ‘‘(4) RECAPTURE OF UNUSED VISAS.—The shall be allocated not more than 20 points as ‘‘(F) ENGLISH LANGUAGE.— worldwide level of merit-based immigrants follows: ‘‘(i) ENGLISH PROFICIENCY.—An alien who described in paragraph (1) for a fiscal year ‘‘(i) 3 points for each year the alien has has demonstrated English proficiency, as de- shall be increased by the difference (if any) been lawfully employed in a zone 5 occupa- termined by a standardized test designated between the worldwide level established tion in the United States. by the Secretary of Education, shall be allo- under paragraph (1) for the previous fiscal ‘‘(ii) 2 points for each year the alien has cated 10 points. year and the number of visas actually issued been lawfully employed in a zone 4 occupa- ‘‘(ii) ENGLISH KNOWLEDGE.—An alien who under this subsection during that fiscal year. tion in the United States. has demonstrated English knowledge, as de- Such visas shall be allocated for the fol- ‘‘(C) EMPLOYMENT RELATED TO EDUCATION.— termined by a standardized test designated lowing year pursuant to section 203(c)(3).’’. An alien who is in the United States and is by the Secretary of Education, shall be allo- employed full-time or has an offer of full- cated 5 points. ERIT BASED MMIGRANTS (c) M - I .—Section time employment in a field related to the ‘‘(G) SIBLINGS AND MARRIED SONS AND 203(c), as added by section 2301(a)(2) of this alien’s education— DAUGHTERS OF CITIZENS.—An alien who is the Act, is amended to read as follows: ‘‘(i) in a zone 5 occupation shall be allo- sibling of a citizen of the United States or is ‘‘(c) MERIT-BASED IMMIGRANTS.— cated 10 points; or over the age of 31 and is the married son or ‘‘(1) FISCAL YEARS 1 THROUGH 4.—For the ‘‘(ii) in a zone 4 occupation shall be allo- married daughter of a citizen of the United first 4 fiscal years beginning after the date of cated 8 points. States shall be allocated 10 points. enactment of the Border Security, Economic ‘‘(D) ENTREPRENEURSHIP.—An alien who is ‘‘(H) AGE.—An alien who is— Opportunity, and Immigration Moderniza- an entrepreneur in business that employs at ‘‘(i) between 18 and 24 years of age shall be tion Act, the worldwide level of merit-based least 2 employees in a zone 4 occupation or a allocated 8 points; immigrant visas made available under sec- zone 5 occupation shall be allocated 10 ‘‘(ii) between 25 and 32 years of age shall be tion 201(e)(1) shall be available for aliens de- points. allocated 6 points; or scribed in section 203(b)(3) and in addition to ‘‘(E) HIGH DEMAND OCCUPATION.—An alien ‘‘(iii) between 33 and 37 years of age shall any visas available for such aliens under who is employed full-time in the United be allocated 4 points. such section. States or has an offer of full-time employ- ‘‘(I) COUNTRY OF ORIGIN.—An alien who is a ‘‘(2) SUBSEQUENT FISCAL YEARS.—Beginning ment in a high demand tier 1 occupation national of a country of which fewer than with the fifth fiscal year beginning after the shall be allocated 10 points. 50,000 nationals were lawfully admitted to date of the enactment of the Border Secu- ‘‘(F) CIVIC INVOLVEMENT.—An alien who has permanent residence in the United States in rity, Economic Opportunity, and Immigra- attested that he or she has engaged in a sig- the previous 5 years shall be allocated 5 tion Modernization Act, aliens subject to the nificant amount of community service, as points. worldwide level specified in section 201(e) for determined by the Secretary, shall be allo- ‘‘(6) TIER 3.—The Secretary shall allocate merit-based immigrants shall be allocated as cated 2 points. points to each alien seeking to be a tier 3 follows: ‘‘(G) ENGLISH LANGUAGE.—An alien who re- merit-based immigrant as follows: ‘‘(A) 50 percent of the visas remaining after ceived a score of 80 or more on the Test of ‘‘(A) EMPLOYMENT EXPERIENCE.—An alien the allocation under subparagraph (C) shall English as a Foreign Language, or an equiva- shall be allocated 2 points for each year the be available to applicants with the highest lent score on a similar test, as determined by alien has been lawfully employed in the number of points allocated under tier 1 in the Secretary, shall be allocated 10 points. United States, for a total of not more than 10 paragraph (4). ‘‘(H) SIBLINGS AND MARRIED SONS AND points. ‘‘(B) 50 percent of the visas remaining after DAUGHTERS OF CITIZENS.—An alien who is the ‘‘(B) SPECIAL EMPLOYMENT CRITERIA.—An the allocation under subparagraph (C) shall sibling of a citizen of the United States or alien who is employed full-time in the be available to applicants with the highest who is over 31 years of age and is the married United States (or has an offer of full-time number of points allocated under tier 2 in son or married daughter of a citizen of the employment) in a health services occupa- paragraph (5). United States shall be allocated 10 points. tion, including direct caregiver, informal

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00097 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.041 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE S5200 CONGRESSIONAL RECORD — SENATE June 25, 2013

caregiver, home health provider, or nurse; a ‘‘(D) ZONE 1 OCCUPATION.—The term ‘zone 1 (c) SUFFICIENT EVIDENCE.—An alien who clerical or professional services occupation; occupation’ means an occupation that re- cannot meet the burden of proof otherwise a teaching occupation, including early or in- quires little or no preparation and is classi- required under section 245F(e)(4)(A) of the formal learning provider, teacher assistant, fied as a zone 1 occupation on— Immigration and Nationality Act, as added and elementary or secondary teacher; a cul- ‘‘(i) the Occupational Information Network by section 2212 of this Act, may, in an inter- inary occupation; an environmental service Database (O*NET) on the date of the enact- view with the Secretary, establish that the and maintenance occupation; a retail cus- ment of the Border Security, Economic Op- alien has performed the days or hours of tomer services occupation; or a small busi- portunity, and Immigration Modernization work referred to in such section by pro- ness operated by a sibling or parent who is a Act; or ducing sufficient evidence to show the extent United States citizen, shall be allocated 10 ‘‘(ii) such Database or a similar successor of that employment as a matter of just and points. database, as designated by the Secretary of reasonable inference. ‘‘(C) CIVIC INVOLVEMENT.—An alien who has Labor, after such date of enactment. (d) ALLOCATION OF VISAS.—Section demonstrated significant civic involvement, ‘‘(E) ZONE 2 OCCUPATION.—The term ‘zone 2 218A(c)(1)(B), as added by section 2232 of this including humanitarian and volunteer ac- occupation’ means an occupation that re- Act, is amended to read as follows: tivities, shall be allocated 2 points. quires some preparation and is classified as a ‘‘(B) ALLOCATION OF VISAS.— ‘‘(D) SIBLINGS AND MARRIED SONS AND zone 2 occupation on— ‘‘(i) IN GENERAL.—The allocation of visas DAUGHTERS OF CITIZENS.—An alien who is the ‘‘(i) the Occupational Information Network described in subparagraph (A) for a year sibling of a United States citizen or is older Database (O*NET) on the date of the enact- shall be allocated as follows: than 31 years of age and is the married son ment of the Border Security, Economic Op- ‘‘(I) 70 percent shall be available beginning or married daughter of a United States cit- portunity, and Immigration Modernization January 1. izen shall be allocated 10 points. Act; or ‘‘(II) 30 percent shall be available begin- ‘‘(E) HUMANITARIAN CONCERNS.—An alien ‘‘(ii) such Database or a similar successor ning July 1. who is or has been the primary caregiver of database, as designated by the Secretary of ‘‘(ii) UNUSED VISAS.—Any visas available a United States citizen parent or sibling suf- Labor, after such date of enactment. on January 1 of a year under clause (i)(I) fering an extreme hardship shall be allocated ‘‘(F) ZONE 3 OCCUPATION.—The term ‘zone 3 10 points. occupation’ means an occupation that re- that are unused as of July 1 of that year shall be added to the allocation available to ‘‘(F) ENGLISH LANGUAGE.— quires medium preparation and is classified allocation available on July 1 of that year ‘‘(i) ENGLISH PROFICIENCY.—An alien who as a zone 3 occupation on— has demonstrated English proficiency, as de- ‘‘(i) the Occupational Information Network under clause (i)(II).’’. termined by a standardized test designated Database (O*NET) on the date of the enact- (e) TRANSITION OF H–2A WORKER PRO- by the Secretary of Education, shall be allo- ment of the Border Security, Economic Op- GRAM.—Notwithstanding section 2233, an em- cated 10 points. portunity, and Immigration Modernization ployer— ‘‘(ii) ENGLISH KNOWLEDGE.—An alien who Act; or (1) may petition to employ an alien pursu- has demonstrated English knowledge, as de- ‘‘(ii) such Database or a similar successor ant to section 101(a)(15)(H)(ii)(a) of the Immi- termined by a standardized test designated database, as designated by the Secretary of gration and Nationality Act by the Secretary of Education, shall be allo- Labor, after such date of enactment. (1101(a)(15)(H)(ii)(a)) until the date that is 3 cated 5 points. ‘‘(G) ZONE 4 OCCUPATION.—The term ‘zone 4 years after the date on which the regulations ‘‘(G) AGE.—An alien who is— occupation’ means an occupation that re- issued pursuant to section 2241(b) become ef- ‘‘(i) between 18 and 25 years of age shall be quires considerable preparation and is classi- fective; and allocated 8 points; fied as a zone 4 occupation on— (2) may not employ an alien described in ‘‘(ii) between 25 and 33 years of age shall be ‘‘(i) the Occupational Information Network paragraph (1) after the date specified in such allocated 6 points; or Database (O*NET) on the date of the enact- paragraph. ‘‘(iii) between 33 and 37 years of age shall ment of the Border Security, Economic Op- (f) EFFECTIVE DATE.—Notwithstanding be allocated 4 points. portunity, and Immigration Modernization paragraph (4) of section 2233(b), the amend- ‘‘(H) COUNTRY OF ORIGIN.—An alien who is a Act; or ments made by such section shall take effect national of a country of which fewer than ‘‘(ii) such Database or a similar successor on the date that is 3 years after the effective 50,000 nationals were lawfully admitted for database, as designated by the Secretary of date of the regulations issued pursuant to permanent residence in the United States in Labor, after such date of enactment. section 2241(b). the previous 5 years shall be allocated 5 ‘‘(H) ZONE 5 OCCUPATION.—The term ‘zone 5 points. occupation’ means an occupation that re- ‘‘(7) FEE.—An alien who is allocated a visa quires extensive preparation and is classified SA 1720. Mrs. MURRAY (for herself, under this subsection shall pay a fee of $1,500 as a zone 5 occupation on— Mr. PORTMAN, and Ms. LANDRIEU) sub- in addition to any fee assessed to cover the ‘‘(i) the Occupational Information Network mitted an amendment intended to be costs to process an application under this Database (O*NET) on the date of the enact- proposed by her to the bill S. 744, to subsection. Fees collected under this para- ment of the Border Security, Economic Op- graph shall be deposited by the Secretary portunity, and Immigration Modernization provide for comprehensive immigration into the Comprehensive Immigration Reform Act; or reform and for other purposes; which Trust Fund established under section 6(a)(1) ‘‘(ii) such Database or a similar successor was ordered to lie on the table; as fol- of the Border Security, Economic Oppor- database, as designated by the Secretary of lows: tunity, and Immigration Modernization Act. Labor, after such date of enactment.’’. At the appropriate place, insert the fol- ‘‘(8) ELIGIBILITY OF ALIENS IN REGISTERED (d) RULE OF CONSTRUCTION.—The amend- lowing: PROVISIONAL IMMIGRANT STATUS.—An alien ments made by this section shall apply not- who was granted registered provisional im- withstanding title II or any other section of SEC. llll. AMENDMENTS TO THE AMERICAN migrant status under section 245B is not eli- this Act. COMPETITIVENESS AND WORK- gible to receive a merit-based immigrant FORCE IMPROVEMENT ACT OF 1998. visa under section 201(e). SA 1719. Mr. CHAMBLISS submitted Section 414(c) of the American Competi- ‘‘(9) INELIGIBILITY OF ALIENS WITH PENDING an amendment intended to be proposed tiveness and Workforce Improvement Act of OR APPROVED PETITIONS.—An alien who has a by him to the bill S. 744, to provide for 1998 (29 U.S.C. 2916a)(as contained in title IV petition pending or approved in another im- comprehensive immigration reform of division C of Public Law 105-277; 112 Stat. migrant category under this section or sec- and for other purposes; which was or- 2681-653) is amended— tion 201 may not apply for a merit-based im- dered to lie on the table; as follows: (1) by striking paragraph (2) and inserting migrant visa. At the appropriate place, insert the fol- the following: ‘‘(10) DEFINITIONS.—In this subsection: lowing: ‘‘(2) USE OF FUNDS.— ‘‘(A) HIGH DEMAND TIER 1 OCCUPATION.—The ‘‘(A) TRAINING PROVIDED.—Funds under this SEC. lll. AGRICULTURAL WORKERS. term ‘high demand tier 1 occupation’ means subsection may be used to provide job train- (a) SUBMISSION OF BLUE CARD STATUS AP- 1 of the 5 occupations for which the highest ing services and related activities that are PLICATIONS FROM OUTSIDE OF THE UNITED number of nonimmigrants described in sec- STATES.—The Secretary shall ensure that designed to assist workers (including unem- tion 101(a)(15)(H)(i) were sought to be admit- aliens residing outside of the United States ployed and employed workers) in gaining the ted by employers during the previous fiscal who are eligible to submit an application for skills, competencies, and industry-recog- year. Blue Card status under section 2211 are able nized credentials needed to obtain or upgrade ‘‘(B) HIGH DEMAND TIER 2 OCCUPATION.—The to do so through the United States Consulate career ladder employment positions in the term ‘high demand tier 2 occupation’ means in the alien’s country of residence. industries and economic sectors identified 1 of the 5 occupations for which the highest (b) RECORD OF EMPLOYMENT.—An employer pursuant to paragraph (4). Such job training number of positions were sought to become shall not be required to provide, to the Sec- services may include on-the-job training, registered positions by employers under sec- retary of Agriculture or to each alien grant- customized training, and apprenticeships, as tion 220(e) during the previous fiscal year. ed blue card status who is employed by the well as training in the fields of science, tech- ‘‘(C) SECRETARY.—The term ‘Secretary’ employer, a written record of employment nology (including computer and information means the Secretary of Homeland Security. more than once per year. technology), engineering, and mathematics.

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00098 Fmt 0624 Sfmt 0634 E:\CR\FM\A25JN6.041 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE June 25, 2013 CONGRESSIONAL RECORD — SENATE S5201 ‘‘(B) ENHANCED TRAINING PROGRAMS AND IN- The PRESIDING OFFICER. Without The PRESIDING OFFICER. The FORMATION.—In order to facilitate the provi- objection, it is so ordered. clerk will report the resolution by sion of job training services described in sub- COMMITTEE ON FINANCE title. paragraph (A), funds under this subsection Mr. CARDIN. Mr. President, I ask The legislative clerk read as follows: may be used to— ‘‘(i) assist in the development and imple- unanimous consent that the Com- A resolution (S. Res. 186) congratulating mentation of model activities such as devel- mittee on Finance be authorized to the Miami Heat for winning the 2013 Na- oping appropriate curricula to build core meet during the session of the Senate tional Basketball Association Finals. competencies; on June 25, 2013, at 10 a.m., in room There being no objection, the Senate ‘‘(ii) assist in obtaining industry-recog- SD–215 of the Dirksen Senate Office proceeded to consider the resolution. nized credentials and training workers; Building, to conduct a hearing entitled Mr. REID. I ask unanimous consent ‘‘(iii) identify and disseminate career and ‘‘Program Integrity: Oversight of Re- the resolution be agreed to, the pre- skill information, labor market information covery Audit Contractors.’’ and guidance, and information about train- amble be agreed to, the motions to re- The PRESIDING OFFICER. Without consider be laid upon the table, with no ing providers; and objection, it is so ordered. ‘‘(iv) increase the integration of commu- intervening action or debate. nity and technical higher education activi- COMMITTEE ON FOREIGN RELATIONS The PRESIDING OFFICER. Without ties with activities of businesses and the Mr. CARDIN. Mr. President, I ask objection, it is so ordered. public workforce investment system to meet unanimous consent that the Com- The resolution (S. Res. 186) was the training needs for the industries and eco- mittee on Foreign Relations be author- agreed to. nomic sectors identified pursuant to para- ized to meet during the session of the The preamble was agreed to. graph (4), which may include the develop- Senate on June 25, 2013, at 3 p.m. (The resolution, with its preamble, is ment of partnerships by grantees with em- The PRESIDING OFFICER. Without printed in today’s RECORD under ‘‘Sub- ployers and employer associations to provide objection, it is so ordered. work-based training opportunities. mitted Resolutions.’’) COMMITTEE ON HEALTH, EDUCATION, LABOR, ‘‘(C) TECHNICAL ASSISTANCE AND EVALUA- AND PENSIONS TION.—The Secretary of Labor may reserve f not more than 5 percent of the funds avail- Mr. CARDIN. Mr. President, I ask able to carry out this subsection to provide unanimous consent that the Com- ORDERS FOR WEDNESDAY, JUNE technical assistance and to evaluate mittee on Health, Education, Labor, 26, 2013 projects.’’; and Pensions be authorized to meet, Mr. REID. Mr. President, I ask unan- (2) in paragraph (6)(A)(i), by inserting ‘‘, in- during the session of the Senate, to imous consent that when the Senate cluding resources of employers and philan- conduct a hearing entitled ‘‘Building a thropic organizations,’’ after ‘‘provided completes its business today, it ad- Foundation of Fairness: 75 Years of the journ until 9:30 a.m. tomorrow, under this subsection’’; and federal Minimum Wage’’ on June 25, (3) by striking paragraph (7) and inserting Wednesday, June 26, 2013; that fol- 2013, at 2:30 p.m. in room 430 of the the following: lowing the prayer and pledge, the Dirksen Senate Office Building. ‘‘(7) PERFORMANCE ACCOUNTABILITY.— morning hour be deemed expired, the ‘‘(A) REPORTS.—The Secretary of Labor The PRESIDING OFFICER. Without objection, it is so ordered. Journal of proceedings be approved to shall require grantees to report on the em- date, and the time for the two leaders ployment-related outcomes obtained by SELECT COMMITTEE ON INTELLIGENCE be reserved for their use later in the workers receiving training under this sub- Mr. CARDIN. Mr. President, I ask day; and that following any leader re- section using indicators of performance that unanimous consent that the Select marks, the Senate resume consider- are consistent with other indicators used for Committee on Intelligence be author- employment and training programs adminis- ized to meet during the session of the ation of S. 744, the comprehensive im- tered by the Secretary, such as entry into Senate on June 25, 2013, at 2:30 p.m. migration reform bill, and the time employment, retention in employment, at- until 11:30 a.m. be equally divided and tainment of industry-recognized credentials, The PRESIDING OFFICER. Without objection, it is so ordered. controlled between the two managers and increases in earnings. or their designees; that the filing dead- ‘‘(B) EVALUATIONS.—The Secretary of SUBCOMMITTEE ON ENERGY Labor may require grantees to participate in Mr. CARDIN. Mr. President, I ask line for second-degree amendments to evaluations of projects carried out under this unanimous consent that the Sub- the committee-reported substitute and subsection. committee on Energy of the Com- the bill be 10:30 tomorrow morning. ‘‘(C) REPORTS AND EVALUATIONS PUBLICLY mittee on Energy and Natural Re- The PRESIDING OFFICER. Without AVAILABLE.—The reports and evaluations de- sources be authorized to meet during objection, it is so ordered. scribed under this paragraph shall be made available to the public through the appro- the session of the Senate on June 25, f priate one-stop service delivery systems and 2013, at 2:30 p.m. in room 366 of the other means the Secretary determines are Dirksen Senate Office Building. PROGRAM appropriate.’’. The PRESIDING OFFICER. Without Mr. REID. There will be three rollcall f objection, it is so ordered. SUBCOMMITTEE ON EMERGENCY MANAGEMENT, votes in relation to the immigration AUTHORITY FOR COMMITTEES TO INTERGOVERNMENTAL RELATIONS, AND THE bill, as announced earlier, starting at MEET DISTRICT OF COLUMBIA 11:30 a.m. tomorrow. COMMITTEE ON BANKING, HOUSING, AND URBAN Mr. CARDIN. Mr. President, I ask f AFFAIRS unanimous consent that the Sub- committee on Emergency Manage- Mr. CARDIN. Mr. President, I ask ADJOURNMENT UNTIL 9:30 A.M. unanimous consent that the Com- ment, Intergovernmental Relations, TOMORROW mittee on Banking, Housing, and and the District of Columbia of the Urban Affairs be authorized to meet Committee on Homeland Security and Mr. REID. Mr. President, if there is during the session of the Senate on Governmental Affairs be authorized to no further business to come before the June 25, 2013, at 10 a.m. to conduct a meet during the session of the Senate Senate, I ask unanimous consent that hearing entitled ‘‘Private Student on June 25, 2013, at 10 a.m. to conduct it adjourn under the previous order. Loans: Regulatory Perspectives.’’ a hearing entitled ‘‘Are We Prepared? There being no objection, the Senate, The PRESIDING OFFICER. Without Measuring the Impact of Preparedness at 7:03 p.m., adjourned until Wednes- objection, it is so ordered. Grants Since 9/11.’’ day, June 26, 2013, at 9:30 a.m. COMMITTEE ON ENERGY AND NATURAL The PRESIDING OFFICER. Without RESOURCES objection, it is so ordered. f Mr. CARDIN. Mr. President, I ask f unanimous consent that the Com- CONFIRMATION mittee on Energy and Natural Re- CONGRATULATING THE MIAMI Executive nomination confirmed by sources be authorized to meet during HEAT the Senate June 25, 2013: the session of the Senate on June 25, Mr. REID. Mr. President, I ask unan- DEPARTMENT OF COMMERCE 2013, at 10 a.m., in room SD–366 of the imous consent that the Senate proceed PENNY PRITZKER, OF ILLINOIS, TO BE SECRETARY OF Dirksen Senate Office Building. to S. Res. 186. COMMERCE.

VerDate Mar 15 2010 02:09 Jun 26, 2013 Jkt 029060 PO 00000 Frm 00099 Fmt 0624 Sfmt 9801 E:\CR\FM\A25JN6.040 S25JNPT1 smartinez on DSK6TPTVN1PROD with SENATE