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

Vol. 152 WASHINGTON, THURSDAY, SEPTEMBER 21, 2006 No. 119 Senate The Senate met at 9:30 a.m. and was Senator from the State of Georgia, to per- way and, hopefully, we will be able to called to order by the Honorable JOHN- form the duties of the Chair. report back more on that later this NY ISAKSON, a Senator from the State TED STEVENS, afternoon. of Georgia. President pro tempore. Today, I believe most of the debate The Chaplain, Dr. Barry C. Black, of- Mr. ISAKSON thereupon assumed the postcloture time will be used on border fered the following prayer: chair as Acting President pro tempore. security and on the issues surrounding Let us pray: f immigration. We will have votes on Eternal and Almighty God, we have Monday and, I would say, they are like- RECOGNITION OF THE MAJORITY lived long enough to know that we can- ly Friday. As I have said each day this LEADER not escape Your presence or Your love. week, we may have to be in next Satur- Teach us Your way of salvation and The ACTING PRESIDENT pro tem- day. I urge our colleagues to focus on show us the path that leads to a mean- pore. The majority leader is recog- accelerating their work at the com- ingful life. nized. mittee level so we can finish at a rea- Today, use our lawmakers to accom- f sonable time next week. plish Your will. Stretch their under- Mr. REID. Mr. President, has the ma- SCHEDULE standing so that they will have the jority leader made a decision as to right priorities. Give them a creativity Mr. FRIST. Mr. President, today, we when we are going to vote Monday? to devise strategies which will make will begin a 30-minute period of morn- Mr. FRIST. Monday afternoon our Nation and world better. Enter ing business, which will be equally di- around 5 o’clock to 6:30. There have their hearts and make them Your vided between the two sides. Following been several questions about that. faithful servants. Equip them to relieve that morning business, we will return Mr. REID. The other question is, I suffering and to serve sacrificially. to the motion to proceed to the border recognize that other than delaying Make their highest motivation be not fence act. Cloture on the motion to things, if the majority wants to go to win over one another but to win proceed was unanimously invoked yes- home, that is what we do because we with one another by doing Your will. terday. The postcloture time will ex- have fewer votes than they have. But We pray in Your awesome Name. pire at 5:45 this afternoon. We will be my Senators are asking, and staff is Amen. on the bill at that time, or if an agree- asking, is this Friday and Saturday the ment is reached with the Democratic date that the majority is going to go f leader, we hope to proceed to it at an home? earlier time. Senators will be alerted Mr. FRIST. Next Friday or Saturday. PLEDGE OF ALLEGIANCE as to the prospects for rollcall votes as Mr. REID. The reason I say that, if The Honorable JOHNNY ISAKSON led we determine what the rest of today’s there is some anticipation that if the Pledge of Allegiance, as follows: schedule is. things don’t work out, we are going to I pledge allegiance to the Flag of the f go beyond next week, our folks should United States of America, and to the Repub- know that. lic for which it stands, one nation under God, ACTIVITY IN THE SENATE Mr. FRIST. It is very important, Mr. indivisible, with liberty and justice for all. Mr. FRIST. Mr. President, we have a President, that we keep everybody’s f lot of activity going on, both on the schedules clear because there are cam- floor and also off the floor. We have paigns going on. People need to get APPOINTMENT OF ACTING several conference reports, in terms of back to their States. It is our intent PRESIDENT PRO TEMPORE appropriations bills—Homeland Secu- that we are going to stick with it. Un- rity and Department of Defense. We are less there is an unforeseen emergency The PRESIDING OFFICER. The making real progress. We will address of some sort, we will finish next week. clerk will please read a communication those next week. An issue which I am We will be out this month. My inten- to the Senate from the President pro constantly asked about by press and tion is to finish Friday, working with tempore (Mr. STEVENS). constituents is what progress is being the Democratic leader in that regard. U.S. SENATE, made and how much progress is being There is very important business for us PRESIDENT PRO TEMPORE, made on the legislation surrounding to do, and that should send a signal Washington, DC, September 21, 2006. To the Senate: terrorist camps and terrorist military that we have to keep our committees Under the provisions of rule 1, paragraph 3, tribunals and terrorist surveillance. and conferences working for the rest of of the Standing Rules of the Senate, I hereby There is a lot of activity at the com- today, tomorrow, and over the course appoint the Honorable JOHNNY ISAKSON, a mittee level. Negotiations are under- of the weekend and into next week.

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

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VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00001 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9860 CONGRESSIONAL RECORD — SENATE September 21, 2006 Unless there is something very sur- I am deeply concerned that after the We know from a recent survey con- prising, I expect we will be out this election we may or may not have the ducted by the AMA that if the sched- month. I would like for it to be Friday, focus in order to be able to get that uled cuts go into effect, 45 percent of but it may be Saturday. done before the end of the year. It is doctors will decrease the number of Mr. REID. The majority leader and I vital not just to physicians but to the Medicare patients they accept. Fifty have had private conversations. It is people we represent—the seniors, peo- percent of doctors will defer the pur- my further understanding that the ma- ple with disabilities—that we get this chase of health information technology jority leader is planning on coming done. Eighty Senators out of 100 have which, I might add, is an area where back the following Monday after the sent a letter to our two Senate leaders we, under our budget jurisdictions for elections? and have urged that we act now. Sen- Medicare and Medicaid and other Mr. FRIST. The following week. ator REID has indicated his support for health care programs, will reap huge Mr. REID. Monday or Tuesday? doing that. We need our Senate leader savings, hundreds of billions of dollars Mr. FRIST. Right. It is clear that to bring this to the floor so we can get with health information technology. over the next 8 or 9 days, we have un- it done. But you cannot tell a physician who is finished business we absolutely must I joined these 80 Senators in sending trying to make ends meet to be able to do. Looking at the calendar, either that letter in July because we know continue to serve people that, by the that Monday or Tuesday of the week that if we don’t provide even a min- way, we are going to cut your pay- following the elections, we will be back imum update, we destabilize the Medi- ments coming in, but we want you to in. care system and put all patient access buy new hardware and software and Mr. President, I suggest the absence to health care at risk. That is not an train people and do all of these other of a quorum. understatement. things so that the Federal Government The PRESIDING OFFICER. The There needs to be a tremendous sense can save dollars. It doesn’t make any clerk will call the roll. of urgency about this issue. What has sense. The legislative clerk proceeded to happened since July 17 when we sent We also know that 37 percent of doc- call the roll. the letter? Nothing. There has been no tors practicing in rural communities— Ms. STABENOW. Mr. President, I ask committee hearings, no markups—de- and in my great State of Michigan, we unanimous consent that the order for spite 80 Senators agreeing that we have have a huge, beautiful rural part of our the quorum call be rescinded. a need to provide a minimum update State. I grew up in one of those small The ACTING PRESIDENT pro tem- for physician services. There has been towns, in Clare, in the northern low pe- pore. Without objection, it is so or- no effort by the majority leader to ninsula. dered. bring this issue to the floor. We have I understand about access to physi- had no willingness to bring up an issue cians and access to health care. We f that has incredible significance to tens know that 37 percent of doctors prac- RESERVATION OF LEADER TIME of millions of Americans all across our ticing in rural communities will be The ACTING PRESIDENT pro tem- country. forced to discontinue rural outreach, pore. Under the previous order, leader- I am here this morning because we and 43 percent of physicians will de- ship time is reserved. have only 7 days or 8 days—whatever crease the number of new TRICARE pa- the number is—left before we adjourn tients they serve. So we clearly have a f for the elections. We don’t know what need. MORNING BUSINESS will be happening after that. We cer- Also, we know that when we cut pay- tainly know there are many critical ments, whether it is to physicians, hos- The ACTING PRESIDENT pro tem- issues left and much to be done. The pitals, home health care agencies, or pore. Under the previous order, there appropriations process isn’t completed. nursing homes, we do not really save will be a period for the transaction of There are many items on the agenda any money. We just create more people morning business for up to 30 minutes, after the election. It is very uncertain who cannot get the care they need with the first half of the time under what will be happening. We know that when they need it. And what happens? the control of the Democratic leader or right now we can get it done. We do They walk into the emergency room his designee, and the second half of the know with certainty that come Janu- sicker than they should be. They get time under the control of the majority ary there is going to be a 5-percent cut the care they need. Our hospitals pro- leader or his designee. for physicians and fewer physicians vide that care. But then they have to The Senator from Michigan is recog- being able to care for our seniors and recoup those costs, so they roll those nized. people with disabilities if we do not costs over to everybody with insur- f act. ance. In a State with a huge manufac- turing base, with employers that pro- PHYSICIAN MEDICARE PAYMENTS With 80 people urging that we act, this should be a simple process. This vide health care, this goes right on Ms. STABENOW. Mr. President, I should be, as they say, a no-brainer to their backs. Businesses large or small rise today to urge my colleagues to bring this to the floor and simply get it end up seeing their health insurance come together to pass an update of the done. We need to do something today. rates go up. So the private sector ends physician Medicare payments and to There is no reason not to do this today. up paying for all of these expenses, and stop what will be over a 5-percent cut We can get it done quickly. Eighty it does not save money to cut physi- that will take place in January if we do Senators wrote: cians’ payments or other Medicare or nothing. The undersigned Members respectfully Medicaid payments, either one, be- We need to have a sense of urgency urge you to ensure that these impending cause then the private sector has to about this issue. Eighty Senators on cuts are addressed before Congress adjourns. look for ways to cut. They ask working both sides of the aisle—80 out of 100— At a minimum, we must provide physicians people and their families to pay more came together and signed a letter to with a positive Medicare payment update for for health care or they cut the kind of our leader asking that a positive Medi- 2007. health insurance they have. What hap- care payment update for 2007 happen So we have the critical mass nec- pens? More people walk into the emer- before the Senate adjourns. Senator essary to get this approved. The change gency room. This happens every day. REID spoke on the floor in support of we are seeking in law directly tracks What are we waiting for? We have 7, that effort. I urge our Senate leader to MedPAC’s recommendation for what 8 days left. We have a clear problem come to the floor, and in the final days the physician payment update should and a clear solution and a clear major- of the session before we break for the be for 2007. So we have a solid policy. ity of Senators who want to see this fix elections do what 80 people in this Sen- We have an overwhelming majority of happen. ate—80 Senators out of 100—have come Senators, based on solid policy, and we Over 20,000 M.D.s and D.O.s in Michi- together and agreed physicians must be know if we don’t make this change, our gan provide more than 1.4 million sen- provided, which is a positive Medicare seniors and people with disabilities are iors and people with disabilities in payment update for 2007. going to lose access to their doctors. Michigan with high-quality medical

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00002 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9861 services under the Medicare Program. rural northern Michigan, I am committed to HONORING THE GOLD STAR AND Our Michigan families get wonderful caring for all of my neighbors, not just those BLUE STAR MOTHERS care from wonderful doctors. Our with insurance. My expenses keep going up as I also have Mr. ALLARD. Mr. President, 70 years American families receive wonderful a responsibility to my staff to support them ago, Congress passed a resolution pro- care from wonderful doctors. But the with fair wages and benefits. claiming that the last Sunday in Sep- question is, Will they be able to con- Without adequate reimbursement, I cannot tember be designated as Gold Star tinue to receive those services? I would continue to offer my services to everyone Mother’s Day. As we approach the last argue, not unless we do something now who walks through my door. There simply Sunday in September, I would like to about the payment system used to re- aren’t enough resources. Please don’t force take this opportunity to recognize the imburse physicians for Medicare serv- me to choose which patients I should care for. I would rather retire early and close the Gold Star mothers throughout the ices. practice. country and particularly those in the Beginning January 1, 2007, the Medi- State of Colorado. care sustainable growth rate formula I don’t want Dr. Burandt to have to I hope we will all take time this Sun- will cut payments to physicians and close his practice in Cheboygan, MI. day, September 24, to honor these health care professionals by 5.1 per- The families in Cheboygan, MI, cannot mothers and fathers who have so brave- cent. What does that mean in real dol- afford for him to close his practice, and ly endured the loss of a son or daughter lars? In Michigan alone, it is $137 mil- there is no excuse for us not to act so killed while serving in the Armed lion in cuts to Medicare. The average he doesn’t have to. Forces. Colorado has lost many young Also, Tara Eding, a doctor of internal cut for a physician in Michigan will be men and women to combat since the medicine in Hamilton, MI, writes: $34,000. As medical costs go up—as we horrendous attacks of 9/11. One day is see the cost of sustaining an office and It will be very difficult to remain in prac- not long enough for us to ever fully tice as internist. The majority of my prac- other costs and medicine going up, ev- honor these parents who have had to tice (including 3 other partners) is made up suffer the unmanageable pain of losing erything is going up—we are cutting of Medicare patients. It is already difficult back on the physicians’ reimburse- to maintain a primary care practice in this a child, but we will try. ments. These cuts will be particularly field. We have recently had to ‘‘trim’’ over- Across the State of Colorado and devastating for primary care doctors, head by cutting staff, restricting our serv- across the Nation, many of these moth- the very doctors, according to the ices, etc. and I only see things getting worse. ers have come together not only for Medicare Payment Advisory Commis- If these cuts are made it will drive us out of support but also to volunteer their practice. time, serving veterans and families of sion, MedPAC, many Medicare bene- I have already stopped accepting new ficiaries rely on for important health soldiers, encouraging patriotism and Medicare patients and if these cuts go national pride, and honor their chil- care management. through I will not have a choice. I will be dren through service and allegiance to Again, we are scheduled to adjourn in forced to stop participating in one way or the United States. Through their vol- 7 days. It is time to resolve this issue another. We would not be able to keep our unteer efforts, they keep alive the so that our physicians know they are practice open as it exists today. memory and spirit of those whose lives going to be able to continue to care for There is a sense of urgency in these were lost in the war. They continue to Medicare patients come January. letters. There is a sense of urgency inspire compassion, strength, and This is not a new issue. MedPAC con- that we need to feel on the floor of the faithfulness for all Americans. siders the Medicare SGR formula a Senate. We have 80 people in this body To mark this weekend, the Blue Star flawed, inequitable mechanism for con- on both sides of the aisle who have mothers of Colorado will be hosting trolling the volume of services and called on our leaders to act. We have a Colorado’s first annual Gold Star first recommended repeal of the Medi- sound policy, we have a sense of ur- Mother’s Day weekend. There will be care SGR formula in 2001. Since then, gency, and we have time to get this several events throughout the weekend they have consistently recommended done in the next few days. celebrating the lives of those soldiers repealing the formula. I have, in fact, UNANIMOUS CONSENT REQUEST—S. 1547 who so courageously gave the ultimate put forward a bill that would do that Mr. President, I ask unanimous con- sacrifice for their Nation. Unfortu- and set up a physicians commission to sent that the Finance Committee be nately, I will not be able to attend the recommend what should be done. We discharged from further consideration ceremony myself, but my wife Joan don’t have time for that between now of S. 1574, a bill to provide for a min- and I send our thoughts and prayers to and the end of the year, but we do have imum update for physician services those who will be attending the event. time to do what needs to be done in the under Medicare, and that the Senate Words truly cannot express Amer- next 7 days, which is to stop the cut proceed to its immediate consider- ica’s gratitude for our Armed Forces that is scheduled to take effect in Jan- ation; that the amendment at the desk and their service and sacrifice to this uary. We need to stop that, and instead to strike the language pertaining to an Nation. Those who have fallen serve a of a freeze that was given last year, we update for 2006 be considered and cause greater than themselves and de- need to give a modest update for our agreed to; that the bill, as amended, be serve special honor. To their mothers physicians so they will know that we read three times, passed, and the mo- and fathers: You, too, deserve special understand how important their serv- tion to reconsider be laid upon the honor as you continue to carry on the ices are to seniors and people with dis- table, without intervening action or patriotic duties and legacy your sons abilities. debate. and daughters sadly could not. I thank In conclusion, I wish to share a cou- The ACTING PRESIDENT pro tem- you for your courage and for your serv- ple of letters I have received. I have re- pore. Is there objection? The Senator ice to the United States of America. ceived so many letters from physicians from Idaho. Over the last 3 years, our Nation has around Michigan expressing grave con- Mr. CRAIG. It is necessary that we been locked in a terrible struggle cern. These are people who care very object. The Senator from Michigan against radical extremists across the much about the people they serve. makes a tremendously valuable point. I Middle East. I readily admit this fight They are trying to keep it together so hope the Senate does the right thing is one we did not anticipate. But I do they can continue to serve people, after we come back from the recess for know that every life given in the name whether it is in Detroit, Lancing, or the elections in November to deal with of freedom has not been given in vain. Grand Rapids, up north, in the upper this critical issue which deals with our While they continually experience peninsula. doctors and Medicare, but at this mo- many dangerous challenges, our men I received a letter from a physician ment in time, I have to object to pro- and women of our Armed Forces con- in Cheboygan, MI, which is a small ceeding. tinue making strides in Iraq and Af- town on the lower tip of the northern The ACTING PRESIDENT pro tem- ghanistan. We have fought a terrible peninsula. Timothy M. Burandt, D.O. pore. Objection is heard. enemy that has no regard for human in surgery, wrote me a letter that says: The minority time for morning busi- life. Yet despite our challenges, we In 1982, I graduated from medical school ness has expired. have seen tremendous progress, espe- and took an oath to care for all patients in The ACTING PRESIDENT pro tem- cially toward helping to create part- need. As a general surgeon practicing in pore. The Senator from Colorado. ners in our fight against terrorism

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00003 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9862 CONGRESSIONAL RECORD — SENATE September 21, 2006 worldwide. Indeed, much of our success Pfc. Ryan E. Reed I gave that speech in late July of this depends on the men and women in the Sgt. 1st Class Randall S. Rehn year at a time when we were debating new democratic governments formed in Staff Sgt. Gavin B. Reinke a very small area down here that could Iraq and Afghanistan, and they are Sgt. Luis R. Reyes supply upwards of 3 billion or 4 billion Pfc. Andrew G. Riedel stepping up to the challenge. In Iraq, Capt. Russell B. Rippetoe barrels of oil, known as lease sale 181. people from all walks of life—Sunnis, Pfc. Henry C. Risner The Senate finally got it, worked out Shias, Kurds—have participated in Sgt. 1st Class Daniel A. Romero their differences, and passed that legis- multiple elections and referendums Lance Cpl. Gregory P. Rund lation. They are now working with the across the country for the first time in Staff Sgt. Barry Sanford House to try to resolve those dif- Iraq’s history. Staff Sgt. Michael B. Shackelford ferences. Remarkably, after democratic elec- Cpl. Christopher F. Sitton But something phenomenal has hap- tions in Afghanistan, women are hold- Lance Cpl. Thomas J. Slocum pened at the gas pump. During the Lance Cpl. Jeremy P. Tamburello time I delivered that speech, the Sen- ing positions of power in local and na- Staff Sgt. Justin L. Vasquez tional governments, something that 2nd Lt. John S. Vaughan ate was working on lease sale 181, and was impossible under the Taliban’s Capt. Ian P . Weikel American consumers were paying over rule. The sovereign governments are Spec. Dana N. Wilson $3 a gallon for their gas. What hap- working with regional and inter- Sgt. Michael E. Yashinski pened? If you went to the pump yester- national partners in achieving united Mr. ALLARD. Mr. President, in re- day in certain parts of our country, democracies—an achievement only al- membering their lives, we also honor you paid less than $2 a gallon, and in lowed through our fighting men and and celebrate the joy they brought to my State of Idaho you are paying 30 women in combat. their families. To the Gold Star and cents or 40 cents less a gallon than you Many remarkable achievements have Blue Star mothers and fathers: I salute did in late July or early August. What been made through the sacrifices of the you and thank you for your service to happened? men and women in the military, but this Nation. Let me tell my colleagues what we perhaps the most important of all is Mr. President, I yield the floor. think happened. It is about the very re- what has not occurred in our country: The ACTING PRESIDENT pro tem- ality of America developing its oil re- since we took military action against pore. The Senator from Idaho. serves and becoming less dependent these Islamic extremists and brought Mr. CRAIG. Mr. President, how much upon foreign, unstable sources. the fight to them, we have not seen an time remains in morning business for About a month ago, Chevron an- attack on American soil. The sacrifices our side? nounced they had discovered in the that the sons and daughters of our Gold The ACTING PRESIDENT pro tem- gulf in what is known as deepwater Star mothers have made and continue pore. There is 9 minutes 20 seconds re- areas 20,000 feet below the ocean’s sur- to make are protecting us on our maining. face, and 8,000 feet below the ocean’s shores. Unfortunately, we have seen Mr. CRAIG. Mr. President, first, I floor, possibly one of the largest oil that even after the death of terrorist wish to recognize the Senator from find discoveries in the history of the leaders, such as Abu Mus’ab al- Colorado for the speech he has just de- United States. That announcement, livered. As chairman of the Veterans’ Zarqawi, the forces of Islamic extrem- coupled with the fact that there had Affairs Committee, Gold Star mothers ists vow that they will continue to been no hurricanes in this area, cou- are always at our committee working wage war on American civilians. Our pled with the fact that all of the oil de- with us to ensure that those who sur- success against this type of enemy is velopment and refinement that was vived and are America’s veterans are only ensured by the brave men and taken off line by Katrina is now back treated fairly and justly and the bene- women of our Armed Forces. They pro- on line and operating, and the reality fits they have been provided by law are vide safety and security to our Nation, that there was a new reserve of oil that delivered to them. was secure to our Nation and not de- and we are truly grateful for what they I thank the Senator from Colorado pendent upon a foreign unstable polit- have done. for his recognition of these phenomenal ical power, changed the dynamics of While the cost has been high, the mothers and fathers who have borne the oil market. cost of doing nothing would be even the ultimate sacrifice of losing one of The $70-plus a barrel for crude that greater. These words provide little their loved ones, one of their children refiners were paying in late July was comfort to the families who have lost in pursuit of our freedom and justice always believed by many of us who loved ones, but we will always remem- around the world. ber those who have lost their lives in Mr. ALLARD. Mr. President, I thank study the market to have $20 of the $70 support of our freedom and thank them the Senator from Idaho. We truly ap- as purely risk money and speculative for their sacrifice. preciate his leadership on the Vet- price. That is gone. That is gone be- I ask unanimous consent that a list erans’ Affairs Committee. He is doing a cause of this very large discovery down of fallen heroes from Colorado be print- great job. in the gulf and the reality that the ed in the RECORD. Mr. CRAIG. I thank the Senator. Congress is going to act responsibly for There being no objection, the mate- the first time and allow some develop- f rial was ordered to be printed in the ment, some exploration in the no-zone. RECORD, as follows: DRILLING FOR AMERICA’S OIL To think we could become increas- Pfc. Travis W. Anderson Mr. CRAIG. Mr. President, I come to ingly independent of unstable foreign Pfc. Shawn M. Atkins the floor today to talk to our col- sources of oil would be phenomenally Staff Sgt. Daniel A. Bader leagues about something going on in important for this country and our Sgt. Douglas E. Bascom America at this very moment that economy and, most importantly, for Sgt. Thomas F. Broomhead probably is very pleasing to the aver- the consumer. I am quite sure that the Petty Officer 2nd Class Danny P. Dietz age consumer. I came to the floor of person who pulls up to the gas pump in Lance Cpl. Mark E. Engel Staff Sgt. Christopher M. Falkel the Senate over a month ago to deliver Mid City USA today and is paying 20, Pfc. George R. Geer a speech using this map. I called it the 30, 40, 50, 60, 80 cents to a dollar less Lance Cpl. Evenor C. Herrera ‘‘No-Zone Speech.’’ I called it the ‘‘No- than they paid a month ago is a pretty Cpl. Benjamin D. Hoeffner Zone Speech’’ because all of these red happy person, and they ought to be. Staff Sgt. Theodore S. Holder II areas around our Nation, off our But, more importantly, they ought to Maj. Douglas A. La Bouff shores, in the Outer Continental Shelf, be recognizing what they should be Staff Sgt. Mark A. Lawton are no-zones to oil exploration and de- asking the Congress of the United Spec. Derrick J. Lutters velopment. Why? Because we have said States to do, and that is to advance the Pfc. Tyler R. MacKenzie politically we don’t want to go there. Lance Cpl. Chad B. Maynard development of drilling in the no-zone. Sgt. Dimitri Muscat. Yet it is believed by the U.S. Geologi- The Presiding Officer is a Senator Sgt. Larry W. Pankey Jr. cal Survey that in the no-zone rests from Alaska. She and I and others have Staff Sgt. Michael C. Parrott maybe 80 billion or 90 billion barrels of worked for years to develop the rest of Pfc. Chance R. Phelps oil. the oil reserves in Alaska in the ANWR

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00004 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9863 area, where there could be 30 billion or world. It can go into the Indian Ocean ethanol, the ability of our country to 40 billion barrels of oil, but America’s where it would be very difficult to re- drill in the no-zone says that America politics has said no, and America’s con- fuel a diesel-powered vessel, and it could once again stand unafraid around sumers have suffered. Then we work sails on. That is why we are the domi- the world as it relates to the political our way down the coast, down through nant naval power of the world today, stability of the oil development and California and all the other areas because of the vision of a man years the oil-producing regions of a very un- where the politics of those areas say, ago who said: We must be independ- stable world. no, you can’t drill here, and yet we be- ent—independent of energy sources for The reason we are dependent today is lieve there are trillions of cubic feet of our Navy. politics, plain and simple. The reason gas and potentially billions of barrels Why can’t America demand energy the Senator from Alaska continually of oil. independence for all of us? Can you argues for the responsible and environ- I have worked on the Energy Com- imagine what would happen in our mentally sound development up here in mittee of the Senate since 1990. I have economy today if the hundreds of bil- the northern reaches of Alaska is be- watched as others have worked with lions of dollars that are paid for oil cause we can do it and do it right, and me and watched American consumers from Iraq, from Kuwait, from Ven- there are billions of barrels of oil up and the oil industry of our country be- ezuela, and other unstable political there and trillions of cubic feet of gas. coming increasingly dependent on for- areas of the world simply didn’t have And America, once again, as Admiral eign sources. In 1990, it was about 40 to be paid? Instead we would pay pro- Rickover understood decades ago, can percent dependency, and then 42 and ducers in our country for developing be independent as she stands for other then 45 and then 50 and then 55 and the resources that our country still has causes around the world. then 60. At the peak of this summer’s in the no-zone. Can you imagine our What a difference a day makes. What consumption, upwards of maybe 65 per- strength as a country? Can you imag- a difference one oil find makes because cent of our oil was coming from those ine our foreign policy if we didn’t have that new Chevron oil find and that new unstable political regions of the world to recognize that we had to work to trend in deep water may well increase where, at any moment, a terrorist at- keep certain areas of the world stable our oil reserves by 25, 30, 40, 50 percent. tack or the bombing of a ship could because they are a source of our en- What would happen if we were doing spike the oil market because the sup- ergy, they are a source of our very the rest of the development in this ply would diminish, and that is why we heartbeat as a country? They are the area, if we were doing the gas develop- saw $70 a barrel for oil in speculative very source of the heartbeat of the ment up through Virginia and along prices. economy of our country. the east coast, if we were developing At just the moment when we are The recent discovery in the deep offshore in California, if we were devel- doing lease sale 181, the new discovery waters of the gulf proved the point and oping in the ANWR in Alaska? happens in the gulf, and the market proved it loudly, and the markets re- The PRESIDING OFFICER. The Sen- recognizes that $20 worth of specula- acted, and the consumers are bene- ator’s time has expired. tion on risk goes away, and American fiting today. Mr. CRAIG. Madam President, the re- consumers are beginning to recognize This President gets it. He under- ality is very simple and very obvious. the value of being less dependent on stands it. It is why his first task as a It is all at the pump, and the American foreign oil. President when he came to power was consumer, I hope, has awakened to the A very wise admiral a long time ago to develop an energy task force and to reality of what a difference a day fought a very important battle with lay out for the Nation a national en- makes in the price of gas and the im- the politics of America and the politics ergy strategy that would move us to- pact on their family budget and their of an old-style Navy, and his name was ward energy independence. Oh, the pocketbooks. Let’s drill and develop Rickover. He said: As long as our sur- gnashing of teeth, the ringing of hands the no-zones. face and subsurface Navy is dependent that occurred on the floor of the Sen- Madam President, I yield the floor. upon refueling with diesel fuel all over ate: We dare not drill in ANWR. We f the world, we will not be free and inde- dare not go here. We must not do this. CONCLUSION OF MORNING pendent. The politics of that was very During the course of all that rhetoric BUSINESS rigorous. In 1982, Admiral Rickover de- we became increasingly dependent The PRESIDING OFFICER. Morning livered a speech before Columbia Uni- upon unstable political areas of the business is closed. versity where he talked about the bat- world for our oil. And the American tles he fought to develop the first Nau- consumers began to pay the price a f tilus nuclear-powered submarine. He couple of years ago when gas went SECURE FENCE ACT OF 2006— said that the political battle to get the above $2 and then $2.10 and then 50 MOTION TO PROCEED cents more and then $2.80 and, of submarine was more difficult than the The PRESIDING OFFICER. Under course, this summer over $3 a gallon. design of the submarine itself. the previous order, the Senate will re- America’s farmers today are now Well, that was then, and that was sume consideration of the motion to paying $3.20 to $3.50 a gallon for diesel, many years ago, and most of us have proceed to H.R. 6061, which the clerk and they can’t control their input forgotten that political battle because will report. what we now know is that most of our costs. Many of them are finding them- The assistant legislative clerk read Navy, both subsurface and surface, is selves in financial difficulty because of as follows: the cost of diesel or the cost of fer- nuclear powered. From the time the Motion to proceed to H.R. 6061, an act to new nuclear Navy vessel is built, slides tilizer because, of course, it takes nat- establish operational control over the inter- from the drydock into the water, and ural gas to produce fertilizer and nitro- national land and maritime borders of the begins its mission around the world, it gen and phosphates. United States. is never refueled. America, wake up. America, get on Mr. CRAIG. Madam President, I sug- The PRESIDING OFFICER (Ms. MUR- your phone and call your Congressman gest the absence of a quorum. KOWSKI). The majority’s time has ex- and call your Senator and say: No more The PRESIDING OFFICER. The pired. no-zone. Allow us to develop our re- clerk will call the roll. Mr. CRAIG. Madam President, I ask sources and to do so in an environ- The assistant legislative clerk pro- unanimous consent to continue for 5 mentally sound way because we now ceeded to call the roll. additional minutes as in morning busi- have the technology. We proved it in Mr. CONRAD. Madam President, I ness. the shallow waters of the gulf a decade ask unanimous consent that the order The PRESIDING OFFICER. Without ago. We are now proving it in the deep for the quorum call be rescinded. objection, it is so ordered. waters of the gulf as we speak. The PRESIDING OFFICER. Without Mr. CRAIG. So that Navy vessel Clearly, America could be energy objection, it is so ordered. never has to pull into a port anywhere independent. There is no question Mr. CONRAD. Madam President, I in the world to refuel itself. It is to- about it. The ability of the farmer to ask unanimous consent to speak as in tally independent. It can travel the produce corn that is developed into morning business.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00005 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9864 CONGRESSIONAL RECORD — SENATE September 21, 2006 The PRESIDING OFFICER. Without tional drought. We don’t have just ab- had been designated as primary dis- objection, it is so ordered. normally dry or moderate; we are se- aster counties for the 2006 crop year. EMERGENCY FARM RELIEF ACT OF 2006 vere to exceptional drought in every Why aren’t we satisfied? Because all Mr. CONRAD. Madam President, I part of our State. that makes available are low-interest rise today to speak briefly about the This is the headline from the Grand loans. This crisis is so severe that more legislation I introduced earlier this Forks Herald in July of this year: loans are just going to drive people month, the Emergency Farm Relief ‘‘Dakotas Epicenter of Drought- deeper into debt and are going to fur- Act of 2006. This bipartisan legislation Stricken Nation.’’ ther pressure them off the land. now has 22 cosponsors in the Senate. As Experts say the dry spell is the third On September 12, when the Secretary I have indicated, it is fully bipartisan. worst on record. In our entire history, notified me that all North Dakota We have a strong representation from this is the third worst drought, only counties had been designated as dis- both parties in the cosponsorship of the eclipsed by the 1930s and an earlier pe- aster counties, it was also the day I legislation. It is designed to provide riod. was joined by hundreds of farmers from much needed relief to producers who In July, Senator DORGAN, Congress- across the country, dozens of Sen- have suffered from natural disasters in man POMEROY and I, our Governor, and ators—colleagues from the House and 2005 and 2006. the agriculture commissioner of North Senate—at a press conference only a Let me direct the attention of my Dakota went on a drought tour. This is few yards from here. Thirty-four na- colleagues to the headlines from across what we found. This is a pasture in tional farm organizations have an- my State last year. These headlines Grant County. It is virtually worthless nounced that they are asking Congress talk of massive flooding. In fact, last for grazing. I could show picture after to provide this disaster relief which is year in North Dakota, over 1 million picture of what we saw. contained in my legislation; 34 na- acres could not be planted at all. Hun- One of the most amazing things we tional organizations have united be- dreds of thousands of additional acres found was a corn crop that was irri- hind my legislation. were planted and then drowned out. gated—irrigated corn, and the kernels So the question before the Congress ‘‘Heavy Rain Leads to Crop Dis- had not formed. Why? Because not only of the United States is, Will we act and eases.’’ have we had drought but we have had will we act in time? I pray that this ‘‘Crops, Hay, Lost to Flooding.’’ extreme heat. These are the tempera- Congress will act, and I pray we will ‘‘Area Farmers Battle Flooding, Dis- tures for the month of July in North act in time. If we fail, thousands of ease.’’ Dakota. All of those in orange are over farm families will be forced off the land ‘‘Rain Halts Harvest.’’ 90 degrees, many of them over 100 de- and will lose their livelihoods. That is ‘‘ND Anthrax Outbreak Grows.’’ grees. You can see in the second week the reality we confront. That is why These were the headlines all across of July: 96, 101, 105, 94, 101, 105. But the Senator NELSON and I have come to the my State. real tale is told on July 30, when in my floor today. All I can do is ask col- ‘‘ND Receives Major Disaster Dec- hometown it reached 112 degrees. That leagues to remember that when the laration.’’ is why even irrigated corn did not Gulf States suffered horrendous disas- While we recognize that in 2005 the produce. ters in Hurricane Karina and Hurricane worst disasters were in the gulf—Hurri- Here is a picture from a Burleigh Rita, all of us came to help. We are cane Rita and Hurricane Katrina— County cornfield. This is corn in the asking for that same consideration there was another part of the country southern part of Burleigh County, now, as the center of the country suf- hit by disaster, little noticed, and that which is my home county. You can see fers from truly a devastating drought. is my part of the country. there is virtually nothing growing. It is I will yield the floor, but before I do Last year, every county was declared like a moonscape. These are the condi- so, if I could just say to my colleague, a disaster by the Secretary of Agri- tions we faced all across North Dakota. Senator NELSON, I thank him for his culture. This is what we saw last year: It is true that there are some places leadership, as he has repeatedly pressed massive flooding all across North Da- that had good crops, if you just had the for this assistance to pass. I think we kota, especially eastern North Dakota. right mix of weather conditions, even should say for the record that this as- In fact, at one point I went up in a though there was drought. Perhaps sistance has passed in the Senate twice plane and flew over southeastern North they had irrigation or for some other already, by overwhelming margins. In Dakota, and from horizon to horizon, reason they had a good crop, but much fact, there was an attempt to take it all I saw was water. It was extraor- of North Dakota has been devastated. I out of one of the supplemental appro- dinary, the worst cross-land flooding am told by the bankers of our State priations bills and 72 Senators voted we have suffered perhaps in our his- that if we do not get help, 5 percent to for it. Seventy-two Senators voted to tory. It got virtually no attention ex- 10 percent of the producers in North keep it in. So there is strong bipartisan cept by those who experienced it. As I Dakota will be forced off the land. That support in the Senate. indicated, there were a million acres is how severe this crisis has become. Our problem has been that the Presi- that were prevented from even being During the August recess, I organized dent has issued a veto threat, and the planted. They couldn’t plant. They a drought rally in Bismarck, ND. Hun- House of Representatives so far has couldn’t get in the field even to plant. dreds of farmers and ranchers came upheld that veto threat by refusing to We suffered an extraordinarily serious from all across the State. Our Gov- consider the Senate legislation. We be- disaster last year. ernor attended, as did Senator DORGAN lieve we should give them one more Now, irony of ironies, this year we and Congressman POMEROY and our ag- chance because now this drought dis- are suffering from drought. The sci- ricultural commissioner. The message aster has deepened and been joined by, entists tell us this is the third worst was loud and clear: If there is not as- of course, the effects of Hurricane drought in our Nation’s history. This sistance that is meaningful, if it does Ernesto, which did enormous damage drought extends right now through the not come soon, thousands of farm fami- in North Carolina and Virginia, right center of the country. lies are going to lose their livelihood. up to Maryland. This is from what is called the U.S. That is the reality of what we con- Now is the time. People need help. Drought Monitor. It is a scientific eval- front. They deserve it. This disaster assist- uation of drought conditions in the In late August, the Secretary of Agri- ance will only give help if people have country. It goes from abnormally dry culture traveled to South Dakota. He suffered a loss of at least 35 percent. to exceptional drought. The dark proposed there a program that is to- This doesn’t make them whole. They brown is exceptional drought. That is tally and completely inadequate. The would still suffer enormous losses. But the most severe category. You can see program he proposed is mostly money at least it would give them a fair, the epicenter of this drought is right in that is already in the budget. It is not fighting chance. North Dakota and South Dakota. Now new money, just a shuffling of the I want to repeat, you only get help the entire State of North Dakota is deck. under this legislation if you have suf- considered in drought condition. In our On September 12, the Secretary noti- fered a loss of at least 35 percent. It is State, it goes from severe to excep- fied me that all North Dakota counties not too much to ask that we provide

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00006 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9865 this kind of assistance to those who As Senator CONRAD has pointed out, have also failed our Nation because we have suffered natural disaster. This is at least on two occasions, we have al- will have failed to ensure our food and not regional legislation, it is national ready voted to provide this kind of re- fuel security. legislation. Anyone, anywhere, who has lief, and now procedurally it is being This is why I ask my second ques- suffered a loss of at least 35 percent blocked. tion: If not now, why? I think our farm- would be eligible for some assistance. Last week, I told the Senate about ers and ranchers deserve more than Again I acknowledge the leadership the damage this drought has caused to procedural gimmicks. They at least de- of my colleague from Nebraska who farmers and ranchers in Nebraska. As serve answers from this body about has been so persistent and so deter- my colleague has indicated, in the why they will not get the relief they so mined to get help to our producers. State of North Dakota, the damage is desperately need. I yield the floor. considerable. I have spoken to my friend and col- Mr. NELSON of Nebraska. Madam I told the Senate last week about league, Senator HARRY REID, and he President, I ask unanimous consent to how the drought has caused $342 mil- has informed me that no one on the speak as if in morning business about lion in damage so far this year for Ne- Democratic side of the Senate is going S. 385, the Emergency Farm Relief Act braska alone. to block or will block an up-or-down of 2006. Keep in mind this is in many cases 5 vote on this relief. The PRESIDING OFFICER. Without or 7 years old. The multiples are pretty I hope today as we ask this question objection, it is so ordered. clearly tremendously important to the for the consideration of this body we Mr. NELSON of Nebraska. Madam State of Nebraska. Still the Senate has will make a bipartisan effort to bring President, I thank my colleague from refused to act. about relief to these parts of the coun- North Dakota for his support and for Last week, I talked about how the try that are undergoing such dev- his continuing interest and efforts to drought forced farmers in Nebraska to astating losses. bring this to a conclusion. spend an extra $51 million just for irri- I ask again, if not now, why? Surely I came to the floor last week as well gation costs during this summer. Still, the Senate can spare an hour of its day in an attempt to provide much needed the Senate refused to act. to consider this issue and certainly to emergency relief to our Nation’s farm- Last week, I talked about how just vote for farmers and ranchers and rural ers, ranchers, and rural small busi- this year the drought has cost Ne- businesses that help this Nation and nesses that have been devastated by braska farmers $98 million in crop the world and of whom we are asking the long running drought that I have losses and $193 million in livestock pro- to provide more and more of our Na- nicknamed Drought David. Some have duction losses. And still, the Senate re- tion’s fuel supply as well. Surely, we asked why did I give it a name. A fused to act. can find some time to vote for pro- drought, unlike a hurricane or a flood, Senator CONRAD and I and many of viding them the relief they need. I is a slow-moving disaster that can lin- our colleagues have put together a think they deserve at least that much. ger over the course of years. In some comprehensive package to provide That is why I am prepared to con- places, Drought David is celebrating its emergency funding to farmers and tinue to fight for this relief and con- fifth birthday, and in other places it is ranchers who suffered weather-related tinue to work to get relief out to our celebrating its seventh birthday. But production shortfalls, quality losses, farmers. by giving it some identity, we hope we and damage to livestock and feed sup- I know my colleague and others are can give it the same kind of identity plies. Our bill also helps farmers over- also joining in that. One way or the that is very often given to a hurricane come the losses they suffered because other, I will work to get this done. If which is named. It is not just a storm— of energy price spikes after the hurri- nothing else, I am going to continue to it is Hurricane Ernesto or Katrina. I cane last year. fight to get this emergency relief in- felt that giving this continuing I warn my colleagues again that the cluded in any continuing resolution drought a name would help give an devastating impacts of the drought that Congress will have to pass before identity so people could focus on this threaten to drive many of our farmers it leaves in a week. being a natural disaster, a devastation and ranchers out of business. We no I ask my colleague from North Da- of major economic proportions to large longer can expect family farmers to kota if he needs to have any more time areas within our country that can have make a go of it day in and day out with yielded to him. the same impact in terms of economic these ongoing losses. People have said UNANIMOUS-CONSENT REQUEST—S. 3855 loss which very often a hurricane will that maybe the Crop Insurance Pro- If not, I ask unanimous consent that cause in its wake. gram would be able to provide the kind the Agriculture Committee be dis- At this time, I ask a simple question of assistance that is required. No crop charged from further consideration of of the Senate: If not now, when? When insurance program can ever provide S. 3855, the emergency drought assist- will this Senate provide the relief need- year in and year out for a 5-year or a 7- ance bill, and that the Senate then pro- ed by our Nation’s farmers and ranch- year period of losses. It is not designed ceed to its immediate consideration, ers? Unfortunately, my question was to do that, and it is not priced to do the bill be read a third time, and with- answered last week by the procedural that. It is not equipped to do that, and out further intervening action or de- tactics to block an up-or-down vote. actuarially it simply won’t work. It bate the Senate proceed to vote on pas- So, today, I have two questions to would be the equivalent of insuring sage of this bill. ask my colleagues: If not now, when? your house, and every year for 5 years The PRESIDING OFFICER. On be- And, most importantly, if not now, the house burned. You rebuild it, it half of the Senator from Alaska, I will why? Why do we refuse to provide relief burns; you rebuild it, it burns. No in- object. Objection is heard. to farmers and ranchers suffering from surance program is designed nor will it Mr. CONRAD. Madam President, I this particular natural disaster when function to take care of that kind of know that the occupant of the Chair is we provide relief, as we should, to oth- loss. acting as a representative of her party, ers for natural disasters like hurri- Without our farmers and ranchers, whatever her particular position might canes? Is relief from the Senate seri- we cannot expect to continue to secure be. I want to lay it out on the record ously based solely upon the sensational our national food supply. And without because I know the Chair can’t explain nature of the disaster and the news re- our farmers and ranchers, we cannot her own position. She is precluded by ports of the disaster? If a Drought hope to grow our domestic production the rules from doing that. We don’t David were able to grab the headlines of alternative renewable fuels. hold the Chair personally responsible like a hurricane, would relief be con- Again I ask, if not now, when? If we in any way for this objection. We un- stantly and consistently blocked? fail to act and by our inaction we allow derstand that she is required to do so. That is not acceptable to the farmers farmers and ranchers and rural busi- Any occupant of the chair would be so and ranchers I know, and it is not ac- nesses to dry up under the devastating required. It is probably important to ceptable to me—and I am sure it is not impact of the drought, then we have put that on the record. acceptable to a majority of my col- failed not only those farmers and Madam President, we deeply regret leagues in the Senate. ranchers and small businesses, but we that there has been objection raised.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00007 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9866 CONGRESSIONAL RECORD — SENATE September 21, 2006 We deeply regret that we are not given The PRESIDING OFFICER. The Sen- Natural gas is also used as a raw ma- the chance to pass legislation which ator from Louisiana is recognized. terial to create virtually 50 percent of has already passed this body twice be- Ms. LANDRIEU. Madam President, I the products created in American gas. fore but that has been blocked because ask unanimous consent to speak for up And we have a great shortage. It is the President has threatened a veto to 20 minutes as if in morning business. driving the price high, historically and the House has so far gone along The PRESIDING OFFICER. Without high—not the highest it has ever been with his threat. objection, it is so ordered. but historically high prices. Again, the Senate has acted twice in Ms. LANDRIEU. Thank you, Madam The only way we can get the price of overwhelming numbers to pass drought President. gas down—and we need to; that is what relief. Goodness knows it is needed. ENERGY INDEPENDENCE the Senator from Idaho spoke about, I was home just this last weekend. I Ms. LANDRIEU. Madam President, I energy independence and stabilizing was all across the northern tier of come to the floor to speak about an prices—is to increase the supply and to North Dakota. In every location, farm- equally important issue to many of our make the supply sources more diverse ers came to me, ranchers came to me, States and follow up on the earlier so industries, if the price of gas is high, and said: KENT, is there not an under- comment by my colleague from Idaho can use coal, or if the price of coal is standing in Washington what is hap- on energy independence for the Nation, high, they can use oil, or if the price of pening here? Does no one care? If there and the importance of that at this par- oil is high, they can use alternative is no response and if it does not come ticular time to the Gulf of Mexico, fuels or ethanol. soon, thousands of us are going to be America’s only energy coast and an We have been in a mad dash against gone. area that I need not have to explain time to expand our source of fuels and One of the most prominent bankers again is in one of the most challenging to increase the supply, where we can, in my State, I say to my colleague situations of its entire history. in the most environmentally sensitive from Nebraska, came to me this week- I want to associate myself with the way possible. It has been a debate end and said: KENT, if there is not dis- remarks of the Senators from Nebraska which has gone on for decades. It will aster relief, 10 percent of the farmers in and North Dakota regarding the continue to go on for decades because my portfolio are going to be out of drought. some States produce gas, some produce business. They will not get financing. We have had similar droughts, amaz- oil, some produce coal, and some do not They will not even get financing to go ingly, in our State, even with the hur- produce any of that and have nuclear into the fields next year. ricanes. But as Senators who represent powerplants and think that is the way One of the farmers said to me: It has farm State communities, agriculture is to go. Some of us have more wind than been 5 years since I had a normal crop. very important to the State of Lou- others, some of us have more sun than Between this extraordinary flooding, isiana. We have been in a situation others. these extraordinary droughts—and I that they have been in. I know people This is a debate which is natural in a don’t pretend to know whether global think of us as a State with a lot of democracy. Just because it is difficult warming or global climate change is rain, and obviously a target for hurri- does not mean we have to stop trying. part of this. What I do know is some- canes, but we have also been stricken We have to press forward on the issue thing is happening that is absolutely by serious drought. of a greater supply and greater inde- extraordinary in our part of the coun- The point of my comment about pendence for America. We are dan- try. We have gone from massive flood- what was said is this: Sometimes gerously dependent on foreign sources ing to massive drought this year. things happen out of the ordinary, ex- of oil and gas. Flooding and drought of that propor- traordinary situations, as they have Madam President, 72 Senators—un- tion has never been seen before in my just described, which deserve an un- precedented in this day of partisanship, State—or at least rarely seen. On the precedented and extraordinary re- in this day of not even being able to drought monitor, they say this is the sponse. agree on the time of day or the weather third worst drought in our Nation’s I know we in Washington deal with conditions outside—72 Senators came history. that very well because we like every- together under the leadership of Sen- We need to act. We are not asking to thing that is sort of in the box, but we ator DOMENICI, the chairman of our En- make people whole. They will not be also don’t like everything to kind of be ergy and Natural Resources Com- made whole by our disaster relief bill. one way. The fact is, when serious, ex- mittee. The Presiding Officer serves on They only get help if they have at least traordinary circumstances happen, we that committee and has been a wonder- a 35-percent loss. Then the help only need to make a quick and appropriate ful voice of reason for the Senate. We comes to the losses over that amount. response. It is most certainly appro- passed a bill to open more supplies of We are not asking to make people priate for these Senators to come to gas in the Gulf of Mexico. whole. We are not asking that people the Senate and ask for a quick and im- The Senator from Idaho showed a have some big windfall. We are asking mediate response to part of our Nation. much larger and more colorful chart. I that people be given a fair fighting This drought is not just, of course, in thought his looked terrific, and I will chance. Nebraska and North Dakota. The pic- ask to borrow it one day, but I do not That has been denied today. But tures have shown pockets of severe and have it at this moment and this chart today is not the end of the story. We unprecedented drought, and whether it will suffice. It shows areas that are ba- are going to come back. Again, we is because of global warming or wheth- sically off of production. The white want to acknowledge this body has er it is just because of the severe areas off the Atlantic coast, the coast twice overwhelmingly passed disaster weather patterns caused by something of California, and around Florida have assistance. We appreciate that. Our else, we can debate that until the cows not been open to production for the problem is not in this body. Very come home. The fact is we have farm- last 35 years. There are many reasons— frankly, our problem is in the other ing communities, rural communities, some of them good and some of them body and at the White House. That is suffering right now. They need our best not good—we can’t drill in these areas. where our problem lies. effort. I support seeing what we can do We will continue to debate for dec- I again want to thank very much my to help. ades to come what to do off the shores colleague from Nebraska for his stead- NATURAL GAS IN THE GULF OF MEXICO of Washington, Oregon, California, fast leadership on this issue. That is so I will speak this morning for a few Florida, Georgia, South Carolina, important to the people we represent. moments about an issue which is al- North Carolina, Virginia, New Jersey, Mr. NELSON of Nebraska. Madam most equal to the concern of farmers in Connecticut, Massachusetts, New President, let me also acknowledge America; that is, the price of natural Hampshire, Vermont, and Maine. That that the objection entered was not a gas. Farmers, like many industry debate will go on for the next many personal objection by the Senator from groups, use natural gas. In their case, years. I will be on one side of that de- Alaska but one procedurally required fertilizers are produced using a lot of bate, and my colleagues will be on the of her in her capacity. natural gas, and fertilizers go into the other. I believe you can access re- I thank the Chair. I yield the floor. farmers’ fields. sources appropriately. However, we are

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00008 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9867 not going to resolve that issue in the cannot produce hardly anything in the problem, but it will give relief to farm- next week. We are not going to resolve United States of America—from plas- ers everywhere when the gas prices that issue in the next month. I predict tics, to manufacturing, to steel, to come down and the oil and gas starts we will not resolve that issue for the electricity. We keep the lights on in coming on line. next year. However, we have farmers in North America. We are proud of it. We To put the 9 million acres in perspec- the Dakotas, Nebraska, Louisiana, want to do more of it. We can do more tive—and the Presiding Officer will Texas, Mississippi, Alabama, and Kan- of it. know this better than anyone—we have sas who are desperate for gas now. We have a bill and the political lead- fought for 40 years over whether to They cannot wait 10 years or three dec- ership to open the gulf, but some peo- open ANWR, and ANWR is 6,000 acres. ades until we figure out the politics of ple around the Capitol do not want to And our debate for 40 years has been drilling on the Atlantic and Pacific do that until we figure out the politics about whether to open 2,000 acres. coast. They need help now. of drilling off the coast of California— Our bill—and we have 72 Senators, For Congress to be able to help them I suggest that is going to take a little Democrats and Republicans, led by and not help them is a crime. For Con- more than a few weeks—or until we fig- Senator DOMENICI—will open 9 million gress to be able to help them and not ure out the politics of drilling off the acres. But some people around the Cap- help them is a crime, it is a shame. It Atlantic coast. I suggest that is going itol don’t think that is a significant should not stand. to take a little bit more work. I am step. They do not think that 9 million We have the political support and the willing to do the work. I have done a acres makes a difference. They just votes now—among Democrats and Re- lot of the work for the last 10 years. I think this is nothing and we should publicans in the House and the Senate, am continuing to do the work. It is not keep working until we can get every- today—to open more drilling in the going to happen in the next month. thing opened, and they are sure that Gulf of Mexico. We have not been able Meanwhile, our manufacturing can- will happen next year. to open sections in the gulf because of not stay competitive with China. With I will share the national membership disagreements between Florida and cheap oil and cheap gas coming in from list of the Consumer Alliance for En- Alabama for decades. Because of the other parts of the world, they are lay- ergy Security. There are probably 100 good work of the Senators from Ala- ing off workers, unable to make long- or more organizations, led by corpora- bama, Mr. SHELBY and Mr. SESSIONS, term capital decisions because this tions, nonprofit organizations, agri- and the good Senators from Florida, Congress can’t figure out, this leader- culture, chemical, consumers, manu- Mr. MARTINEZ and Mr. NELSON—they ship can’t figure out how to get a bill facturers—the list goes on. It is a very worked for months in the most dif- passed that opens gas and oil in the broad-based list. It is not just an indus- ficult of political situations to come up Gulf of Mexico. It would not be opened try list; it is retailers, et cetera—the with a way to open more oil and gas without a bill. It can’t open without a national Chambers of Commerce, the drilling in the Gulf of Mexico, a place bill. Forestry Association, environmental that everyone agrees has tremendous Maybe in the ‘‘plan’’—lots of things organizations that understand this reserves, that everyone agrees is where are in a plan. I have plans for my country is at great risk unless we open we should drill. There are no fights house, to decorate. That is not to say it access, that understand we need to do among Texas, Louisiana, Mississippi, is going to get done because there is it a step at a time. We are making and Alabama. Now Alabama and Flor- someone else in my house—my hus- progress, but we have to take this a ida have come to agreements. Their band—who has ideas of his own about step at a time. We want to take this Governors have agreed. Their general how this works. Just because you have step now. political establishments have agreed— something in a ‘‘plan’’ doesn’t mean it I ask unanimous consent to have this not unanimously but the vast major- is going to happen. Just because MMS list printed in the RECORD to indicate ity. has these things in their plan does not that this group is on the record want- We are here, a week until we leave, mean it will happen, but it could hap- ing greater access on the issues I am and we are going to do nothing—that is pen with a bill that we could pass. If speaking about. what some people say—because it is our bill is law, obviously it will make There being no objection, the mate- not good enough. I don’t know what it happen. rial was ordered to be printed in the school of politics or leadership they I will show the picture of the gulf RECORD, as follows: came from. All I know, as a leader, you here. This is what the Gulf of Mexico CONSUMER ALLIANCE FOR ENERGY SECURITY take things a step at a time. You can- looks like. These are active wells. The NATIONAL MEMBERSHIP LIST not change the world in 1 day. You bigger picture was white spaces with Albemarle Corporation; Adhesive and Seal- have to change it a little bit at a time. no one else drilling. These are all the ant Council, Inc.; Advanced Service Corpora- It takes time to educate people and to drills, the yellow are the leases, and tion; Agriculture Energy Alliance; Agri- talk to them about the benefits. I have these are the active wells. We are pro- culture Retailers Association; Air Liquide; taken as many Senators as will go with ducing 30 percent of the Nation’s needs Air Products; Aluminum Association; Amer- me out on the rigs. I took the Sec- from here. We are proud to do it. We ican Forest & Paper Association; American retary of the Interior out there to show will keep doing it. Gas Association; American Fiber Manufac- There is still a lot of white space we turers Association; American Iron and Steel him. It takes a while to take a lot of Institute; American Public Gas Association; people out there. They are busy. They could open. That is what we are trying Arizona Chamber of Commerce; Arkema Inc.; have other things on their minds. We to do—open a little off the Alabama Ashland Inc.; Associated Oregon Industries; are doing the best we can to try to edu- shore, give Florida the buffer they have Associated Oregon Loggers; Bayer Corpora- cate people all over the country about asked for. Some people do not agree tion; Bowater. the benefits. with that, but we had to come to terms Carousal Promotional; CF Industries; We started drilling offshore in the with the situation in Florida. Their Chemtura Corporation; China Mist Tea; Ciba 1940s. The first well was a little town in State is divided on this issue. Some Specialty Chemicals; Citation Homes; Colo- people in Florida want to drill, some rado Agri-Business Association; Colorado As- southwest Louisiana called Creole. It sociation of Wheat Growers; Colorado Farm was just basically washed away in the people don’t want to drill. This was a Bureau; Concerned Pastors, Church of God in hurricane. The brave little town, Cre- compromise, as is everything here, and Christ; CoTransCo; David J. Cole & Associ- ole, LA, put the first well offshore we figured out a way to give Florida a ates; DeGreen Wealth Management Corpora- about four decades ago. The industry buffer, open up some more oil and gas tion; Dow Corning Corporation; DTE Energy; has blossomed since then. drilling. Duane Ankeny, Mining Co.; DuPont; East- The purple spots on this chart rep- The next chart shows the area we man Chemical; East-Lind Heat Treat, Inc.; resent pipelines of natural gas. But the came up with after a lot of work. This Energy Links Incorporated. purple spots represent more than pipe- lease sale that we could open opens up ESAB Welding & Cutting; Executive En- ergy Services, LLC; Financial Energy Man- lines; they represent jobs, economic 9 million new acres of oil and gas. This agement, Inc.; General Equipment & Supply; hope, and economic strength of the will not solve my colleagues’ problem, Glassman & Associates; Greater Metro Den- greatest Nation on Earth. Without Senators KENT CONRAD and BEN NEL- ver Ministerial Alliance; Greenville Free these pipelines, without this gas, we SON, it will not solve their drought Medical Clinic; Guardian Industries; Harnes

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00009 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9868 CONGRESSIONAL RECORD — SENATE September 21, 2006 Homes; Hawkeye Renewable Corp.; Holmes prising, in some sense, to some people money is going to be used to protect Murphy Insurance; Industrial Energy Con- who thought we drilled everything we and preserve this great wetlands, which sumers of America; International Paper; could in America. But the fact is, is an enormous treasure for the Nation, International Sleep Products Association; Americans are a pretty smart group of and one that gives so many benefits, Iowa Farm Bureau; Iowa Health Systems; Iowa Manufactured Housing Association; people. And our partners around the and, most importantly, with the recent ITWC, Inc.; J & K Realty; James Insurance world, with whom we make partner- hurricane, it helps protect great cities, Solutions. ships, can usually figure things out and not just Louisiana communities, Kirk Engineering and Natural Resources, pretty well. With the right incentives but it also protects Mississippi. We are Inc; Lansing Regional Chamber of Com- and the right ingenuity and with neces- happy to protect our neighbors when merce; Latco Development; Latham Hi-Tech sity, we can find oil and gas in places we can. Hybrids; Living Waters Christian Center; we never thought we could. McAninch Corporation; MeadWestvaco Corp; This wetlands protects the gulf coast, This well is 28,000 feet deep. They and we need to get it restored for the Michigan Agribusiness Association; Michi- found oil and gas here that is going to gan Chemistry Council; Michigan Farm Bu- benefit of both the States of Mis- reau; Michigan Floriculture Growers Coun- be a great help in the event we con- sissippi and Louisiana. And it creates cil; Michigan Forest Products Council; tinue to have problems in the Mideast, some buffers, obviously, to Alabama, Michigan Manufacturers Association; if we continue to have problems in should the storm come this way. It will Milliken; Montana Chamber of Commerce; Venezuela. It does not look very prom- hit us first before hitting Mississippi or National Paint and Coatings Association; ising there to me right now. Alabama, and our wetlands reduce that Nestle´ Prepared Foods Company; Northwest This is one small, little dot. It is Food Processors Association; Northwest Gas surge. Having said that, we need to probably not more than—I am not press on with a pro-production bill in Association; Northwest Industrial Gas Users. sure—maybe a couple hundred acres. Oregon Association of Nurseries; Oregon the Gulf of Mexico, laying the founda- Cattlemen’s Association; Oregon Dairy So when people say to me: Senator, tion, as Senator DOMENICI has sug- Farmers Association; Oregon Farm Bureau; your bill or Senator DOMENICI’s bill gested, for revenue sharing. that opens 9 million acres does not do Oregon Forest Industries Council; Oregon Now, I would like to read into the Seed Council; Oregon Small Business Coali- anything—and I look at what the Jack RECORD statements that have been tion; Oregon Wheat Growers League; Orego- Rig did, which is right here—I have to made by Republican Senators, not nians for Food and Shelter; PPG Industries, tell them I don’t buy their argument, Democratic Senators, although I do Inc.; Panel Components Corp.; Pellett Petro- and I don’t think the American people have some of those I could read into leum Co.; Piedmont Natural Gas; Pipkin do. Mortuary; Praxair, Inc.; Promotional Au- Opening more area in the Gulf of the RECORD. But for the purposes of thority; Printing-Industries of America; Mexico where the infrastructure is, this debate, they are statements by Re- Quad County Ethanol; Resource Supply Man- publican Senators who strongly sup- agement; Rhodia. where we have proven reserves—and be- cause the information is proprietary— port the Senate version, and why they Rhom and Haas Company; Rubber Manu- support the Senate version, because I facturers Association; SC Chamber of Com- and you can understand why it is pro- merce; SC Forestry Association; Simkins prietary because this is a competitive want to communicate that some people Company; Skogman Realty; South Carolina business. All we can find out, according on the other side or some people in the Farm Bureau Federation; South Carolina to the geologists who made this dis- Capitol and other people are saying it Manufacturers Alliance; Southwest Gas Cor- covery, is that they think they have is just the Democrats who are stopping poration; Springs Global; Steele Financial this broader drilling bill, and if Demo- Services; Sully Cooperative Exchange; Terra tapped into a ‘‘fairway’’—which is the way it was quoted in the newspaper—a crats would just get their act together, Industries; The Carpet and Rug Institute; we could get it done. The Dow Chemical Company; The ESCO ‘‘fairway’’ of oil and gas, ready reserves Group; The Soap and Detergent Association; within our grasp in the area that is Nothing could be further from the The Society of the Plastics Industry, Inc.; used for drilling, with people who know truth. There are some Democrats op- The Timken Company; Thombert, Inc; U.S. how to work on the rigs, in a political posed to the broad drilling bill, but Steel; Van Diest Supply Company; West Cen- environment that is safe. there are many Republicans here op- tral Cooperative. And we cannot, and will not, before posed to the broad drilling bill. Ms. LANDRIEU. But I want to go we leave next week, take this step be- Let me read one of the statements. back to this 9 million acres. This will cause we have to wait to open drilling And I am sure Senator GRAHAM from not open without our bill. It may be in all over America off the coast? I do not South Carolina would not mind me re- the plan, but it is under moratoria. think that is a wise decision. I think stating his own speech on the floor of This section is under moratoria. It can- we should take the steps now that we the Senate. He said, on August, 2—this not be lifted with a magic wand. The can take, establish revenue sharing, is Senator LINDSEY GRAHAM, Repub- only way it can be lifted is if we pass which is part of the bill for Texas, Lou- lican from South Carolina: a bill to lift it. If we do not pass a bill, isiana, Mississippi, and Alabama and I do support passage of S. 3711, but I do not it will stay closed, and the oil and gas allow these States to be full and equal support the bill passed by the House of Rep- companies that have pipelines in the partners in sharing the benefits of resentatives earlier this year. The careful gulf, that have the infrastructure in these resources because we most cer- compromise that is the Senate bill cannot be the gulf, that have the expertise in the tainly share the burdens of pipelines, found in the version passed by the House. I gulf will not be allowed to drill there. that while we are proud of them, they will not support any legislation that opens Meanwhile, prices go high, we lose most certainly have an erosion factor. South Carolina’s coast to drilling for oil. . . . manufacturing, everybody loses jobs in Our wetlands are being lost at an I . . . encourage my colleagues in the House their States, and we wring our hands that if they are truly serious [they will live alarming rate—I have spoken about to the framework of the Senate bill]. here saying we cannot do anything. that many times—not just because of Well, we can do something. Chevron the impacts of oil and gas, which are Now, he said ‘‘for oil.’’ He may be did something pretty big last week or 2 somewhat contributory to this situa- willing to open it for gas. I will grant weeks ago. Chevron and some of its tion, but mostly because this mighty you that. And the House bill allows a partners discovered a major oil and gas Mississippi River, which also serves the choice between oil and gas. But, like I find, as shown here on the map. Look Nation’s economy in a very significant said, that debate is complicated. It is how small this is. It is just one of these way, has been leveed over the cen- multistate. It will take much longer little dots, just one of them. It is so turies, and it cannot overflow like it than the week we have, much longer tiny on the map, but it is so huge. This used to. So the land cannot replenish probably than even next year. And the one discovery of Chevron called the itself. And so it continues to subside. need is immediate and the need is Jack Rig—the Jack find—and several And with global warming, it is now ex- great. right here in the deep water of the Gulf acerbated. But that is not the subject I know my colleagues have come to of Mexico will double the reserves of of this talk. the floor, and I asked for 20 minutes, so the country’s oil. We will put our money to great use I am going to wrap up my remarks in It is a significant find. It is as signifi- in Louisiana. Every environmentalist about 1 minute to give others an oppor- cant as finds in Saudi Arabia. It is sur- should be very happy to know that our tunity to speak.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00010 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9869 Let me quote from Senator MAR- But the neighborhood of the gulf is Mr. STEVENS. Mr. President, I com- TINEZ, a Republican Senator from Flor- together. Our Governors are together. mend the Senator from Pennsylvania ida: Our Senators are together. And our for his comments and hope more people I will take a moment to thank [the House] people are together. We want to do this will listen to him. He is certainly on for their diligence and vigilance. [I will for America. Please let’s do it. the right track as far as this Senator is thank the House Members for their good I yield the floor. concerned. work. But at this time] I cannot support the The PRESIDING OFFICER (Mr. EN- ADVANCED TELECOMMUNICATIONS AND House version. I have had clear assurances SIGN). The Senator from Pennsylvania. OPPORTUNITIES REFORM ACT from our leaders [here in the Senate] that we ENERGY SECURITY are committed to working from the frame- Mr. SANTORUM. Thank you, Mr. Mr. STEVENS. Mr. President, I come work of the Senate bill. That has been im- President. I will pick up where the Sen- to the floor today to remind the Senate portant to me, and while I respect the hard that the Senate Commerce Committee work of our House colleagues [on this sub- ator from Louisiana just left off, and ject]— congratulate her for her energetic sup- reported to the Senate a bipartisan bill, the Senate communications bill, And we have some great leaders in port for energy security in this coun- and it is critical that the Senate con- the House, both Republicans and try. This is a huge issue. It is actually sider this bill on the floor. Democrats—those are my words. He the reason I came to the floor to talk goes on to say: today, to talk about energy security. I It is a bill that is good for the con- and their autonomy as a body of Congress— am going to talk about a comprehen- sumer. This bill seeks to reduce phone sive approach I am introducing today, He says he respects that, but we must rates for our troops overseas. This bill and a big part of that comprehensive prevail in the Senate version. makes available immediately $1 billion approach is the passage of the legisla- Senator WARNER said: for our first responders. That is money tion the Senator from Louisiana has that has been held in the Treasury Many of my colleagues have expressed con- talked about in addition to additional cerns about the Gulf of Mexico bill, and they since last December awaiting author- stem from what is in the House bill. They things she has talked about that we ization for this money to be released. said they do not want to lift the moratorium would like to do. If we could do them This money will be used to train, co- as the House bill would do. this year, great, let’s try to do them ordinate, and provide interoperable So even Senator WARNER, who sup- this year. equipment to those first responders. Let’s try to do more OCS this year. ports drilling off the coast of Virginia This is money they absolutely must But let’s get done as much as we can and has made his position clear, under- have. this year. Let’s, if we can, pass the stands there is still work to be done in This bill creates caches of emergency order for that to happen. Senate bill. If there are additional pro- visions we can accomplish this year communications equipment which will Mr. President, in conclusion, let’s be located throughout our Nation, not make the perfect the enemy of the to—the Senator from Alaska is here be- hind me. The Senator from Louisiana equipment that is absolutely necessary good. Let’s not tell our agricultural in the event of an emergency, particu- community, our manufacturing com- mentioned the Commonwealth of Vir- ginia. Let’s try to get those done. larly emergencies caused by terrorist munity, our utilities, our petro- activity in the future. chemical industry to wait when we Maybe there are some other things we have a bill that will open 9 million can add, maybe in different pieces of This bill encourages broadband de- acres of gas and oil, provide great com- legislation, to move this ball forward. ployment for consumers. We are behind panies such as Chevron and others the There are conference reports that are the world in deployment of broadband. opportunity—both big oil and inde- going to be coming out, and it is not This bill reduces consumer cable rates, pendents that create a lot of jobs—to unheard of to place a little tidbit or a step that is vital to assure that our explore more here safely off our coast. two in a conference report. Let’s sit people can continue to expand the use It increases our economic strength. down and have serious negotiations of cable in terms of communication. It produces jobs immediately. It lowers and discussions with the House to try This bill creates choices for con- energy prices for all consumers. And it to get as much as we possibly can with- sumers for both video and phone serv- does make our Nation more secure. out walking out of here empty handed. ice. It is a bill to level the playing field So I would very much like to see that I am going to close with this: I do not between the various providers of com- done. I congratulate the Senator from know how my colleagues feel about munications capability for all Ameri- Louisiana, as well as all of those who being beholden to the politics of the cans. have stepped forward—the chairman of Mideast right now. I do not know how the Energy Committee, obviously, Sen- This bill will broaden the base for my colleagues feel about being be- ator DOMENICI, and Senator STEVENS, universal service. This is a concept holden to the politics going on in Ven- who is here on the Senate floor—for all that makes communications available ezuela. I do not feel comfortable with of their efforts to try to do something to rural America which is critical, and it. I do feel comfortable about the poli- that I think is vitally important. it is critical to consider a way to make tics of Louisiana, Mississippi, Ala- I think the Senator from Louisiana it more affordable and to make sure bama, and Texas. They are Americans. put it in the right context. The context that the contribution required from And we have our deal together. We is that we are at war with a group of users of our communications system is want to drill for all Americans, for the people we are funding because of the as small as possible, but at the same security of our Nation. high cost of energy. Let’s just be very time meets the needs so that every Please, allow us to give this country honest about it. This is a very serious American can have available commu- more oil and gas. Please allow us to war we are involved in, and we are di- nications. lower prices. And let’s take it a step at rectly contributing huge amounts of a time. I promise my colleagues—the I believe availability of communica- American resources to the people who tions is a new right for American citi- Senator from Pennsylvania knows very would like to destroy everything we be- well the people in Pennsylvania need zens. Everyone must have the ability lieve. That is a country that is on a to learn of emergencies and have the relief. I say to the Senator, they can- mission of suicide. We need to have not wait another year or two. They ability to communicate. more energy security because that This bill exempts the Universal Serv- need it now. He knows that well. He leads to better national security. ice Fund from the Antideficiency Act. has been a strong advocate for his peo- (The remarks of Mr. SANTORUM per- That will be good for our Nation’s ple in Pennsylvania. But we have to taining to the introduction of S. 3926 schools and libraries that rely on uni- open this up now. And we will come are printed in today’s RECORD under back and work offshore Alaska, off- ‘‘Statements on Introduced Bills and versal service funding. It is necessary shore maybe some of these other Joint Resolutions.’’) because of the fluctuations in the use States, when their Governors and when Mr. SANTORUM. Mr. President, I of this fund, and it should not be con- their legislators and when their polit- yield the floor. sidered under the Antideficiency Act. ical leadership can get their neighbor- The PRESIDING OFFICER. The Sen- This bill permits municipalities to hoods together. ator from Alaska. provide broadband service throughout

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00011 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9870 CONGRESSIONAL RECORD — SENATE September 21, 2006 America in both urban and rural com- class products that will be available to con- tical Mems, Inc.; ADC Telecommuni- munities. The so-called Wi-Fi concept sumers as a result of the increased invest- cations, Inc.; Adtran, Inc.; AFL Tele- will be expanded. ment this bill will promote. communications LLC; Agilent Tech- The bill expands access for the blind It is signed, as I said, by 100 compa- nologies, Inc.; Aktino, Inc.; Alcatel and hearing impaired to the voice over nies. North America; Allot Communications; By supporting this bill, because it en- Amedia Networks, Inc.; Anda Net- the Internet. VOIP is a brandnew sys- works; Anue Systems, Inc.; Applied tem. It must be available to those with courages broadband deployment, they Optoelectronics, Inc.; Argent Associ- disabilities, as well as all other Ameri- support the lighter regulatory ap- ates, Inc.; Arnco Corp.; Atlantic Engi- cans. proach to net neutrality, as I said. neering Group; Axerra Network. There is wide support for the Senate There has been much debate on this BaySpec, Inc.; Berry Test Sets, Inc.; communications bill. Several days ago, issue in the Senate Commerce Com- BTECH Inc.; Carlon, Lamson & Ses- a letter that was signed by over 100 mittee, in the House committees, on sions; CBM of America, Inc.; Charles companies sent to our leaders was the House floor, in newspapers, and in Industries, Ltd.; Ciena Corporation; the ‘‘blogosphere,’’ as it is called now. Cisco Systems, Inc.; CoAdna Photonics, made available. These are companies Inc.; Condux International, Inc.; involved in the manufacture, design, But some Senators still prevent full de- Conklin-Intracom; Corning Incor- and construction of telecommuni- bate on this issue on the Senate floor. porated; Communication Technology cations networks. These 100 companies It is time now for the Senate to allow Services; Dantel, Inc.; Ditch Witch express support for our bill because it debate on this bill to start. America (The Charles Machine Works, Inc.); encourages broadband deployment. needs this bill. DSM Desotech Inc.; Dura-Line Corp.; They support the bill’s lighter regu- EXHIBIT 1 Electrodata, Inc.; Ellacoya Networks, Inc.; Enhanced Telecommunications, latory approach to the concepts of net SEPTEMBER 19, 2006. Inc. Hon. BILL FRIST, neutrality. Entrisphere, Inc.; FiberControl; I ask unanimous consent that the Republican Leader, U.S. Senate, FiberSource, Inc.; Finisar Corp.; Ham- letter be printed in the RECORD fol- Washington, DC. merhead Systems Inc.; Hatteras Net- Hon. HARRY REID, lowing my remarks. works, Inc.; Hitachi Telecom (USA) The PRESIDING OFFICER. Without Democratic Leader, U.S. Senate, Inc.; Howell Communications; Inde- objection, it is so ordered. Washington, DC. pendent Technologies Inc.; Katolight DEAR SENATORS FRIST AND REID: As leaders Corp.; KMM Telecommunications, Inc.; (See exhibit 1.) in the networking and communications in- Leapstone Systems, Inc.; Lightel Tech- Mr. STEVENS. Mr. President, I want dustries striving to produce new tech- nologies, Inc.; Lucent Technologies to read this. The letter is addressed to nologies for our nation and the world, we are Inc.; MasTec Inc.; MBE Telecom, Inc.; Senator BILL FRIST and Senator HARRY pleased to support the Advanced Tele- Metrotel Corp.; Microwave Networks REID, the two leaders of our parties in communications and Opportunities Reform Inc.; Motorola, Inc.; MRV Communica- Act (H.R. 5252) as approved by the Senate the Senate. It says: tions, Inc. Commerce Committee. It is our hope that Dear Senators Frist and Reid: NeoPhotonics Corp.; Neptco, Inc.; the full Senate will approve this legislation As leaders in the networking and commu- Norland Products Inc.; Nortel Net- in the very near future. nications industries striving to produce new works Corporation; NorthStar Commu- We are particularly pleased that an Inter- technologies for our nation and the world, nications Group, Inc.; NSG America, net Consumers Bill of Rights has been incor- we are pleased to support the Advanced Tele- Inc.; Nufern; OFS; Omnitron Systems porated into the bill to address the so-called communications and Opportunities Reform Technology, Inc.; OnTrac, Inc.; Optical ‘‘network neutrality’’ issue. We believe this Act (H.R. 5252) as approved by the Senate Zonu, Inc.; PECO II, Inc.; Preformed approach to net neutrality will ensure that Commerce Committee. It is our hope that Line Products, Inc.; Prysmian Commu- consumers have access to the content of the full Senate will approve this legislation nications Cables and Systems USA, in the very near future. their choice. We are strongly opposed to the adoption of LLC; Qualcomm Inc.; Quanta Services, We are particularly pleased that an Inter- Inc.; Redback Networks Inc.; net Consumers Bill of Rights has been incor- mandated net neutrality regulation sought by large Internet content businesses for a Roebbelen; Sheyenne Dakota, Inc.; porated into this bill to address the so-called Sigma Designs Inc. ‘‘network neutrality’’ issue. We believe this number of reasons. First, the Internet has benefited greatly from the relative absence SNC Manufacturing Company, Inc.; approach to net neutrality will ensure that Sumitomo Electric Lightwave Corp.; consumers have access to the content of of regulatory restrictions, which has allowed content businesses to grow and prosper. Con- Sunrise Telecom, Inc.; Suttle Appa- their choice. ratus Corp.; Symmetricom, Inc.; Team We are strongly opposed to the adoption of gress has wisely refrained from burdening Alliance; Team Fishel; Telamon Corp.; mandated net neutrality regulation sought this still-evolving medium with regulations, Telcobuy.com, LLC; Telesync, Inc.; by large Internet content businesses for a except in those cases where the need for pol- Tellabs, Inc.; Tyco Electronics Corp.; number of reasons. First, the Internet has icy action has been clear, and it can be nar- US Conec Ltd.; Valere Power, Inc.; benefited greatly from the relative absence rowly tailored. This is not the time to devi- Vermeer Manufacturing Company; of regulatory restrictions, which has allowed ate from this posture. Wave7 Optics, Inc.; White Rock Net- content businesses to grow and prosper. Con- Second, it is too soon to enact network works, Inc.; Xecom, Inc.; Xponent gress has wisely refrained from burdening neutrality legislation. The problem that the Potonics Inc.; Zoomy Communications, this still-evolving medium with regulations, proponents of network neutrality seek to ad- Inc. except in those cases where the need for pol- dress has not manifested itself in a way that icy action has been clear, and it can be nar- enables us to understand it clearly. Legisla- The PRESIDING OFFICER. The Sen- tion aimed at correcting a nebulous concern rowly tailored. This is not the time to devi- ator from Arizona. ate from this posture. may have severe unintended consequences Second, it is too soon to enact network and hobble the rapidly developing new tech- Mr. KYL. Mr. President, I would like neutrality legislation. The problem that the nologies and business models of the Internet. to make some comments regarding the proponents of net neutrality seek to address Third, enacting network neutrality pending business, H.R. 6061, the act ‘‘placeholder laws’’ could have the unin- has not manifested itself in a way that en- that came to us from the House of Rep- ables us to understand it clearly. Legislation tended effect of dissuading companies from aimed at correcting a nebulous concern may investing in broadband networks. resentatives which is titled the Secure have severe unintended consequences and We believe Congress would benefit from ob- Fence Act of 2006, the essence of which hobble the rapidly developing new tech- jective and unbiased analysis of the claims would provide the authority for the nologies and business models of the Internet. made on both sides of this debate, and that United States to construct a variety of Third, enacting network neutrality ‘‘place- protecting consumer access while requiring features across large portions of our holder laws’’ could have the unintended ef- the FCC to study the issue is a reasonable border with Mexico to prevent illegal way to proceed. fect of dissuading companies from investing immigration. in broadband networks. Thank you for your leadership on this leg- We believe Congress would benefit from ob- islation. We stand ready to build the world- The point of this legislation is, of jective and unbiased analysis of the claims class products that will be available to con- course, to follow through with a series made on both sides of this debate, and that sumers as a result of the increased invest- of appropriations that we have now ment this bill will promote. protecting consumer access while requiring provided for to enhance our ability to the FCC to study the issue is a reasonable Sincerely, way to proceed. 2 Wire, Inc., 3M Company; AC Data Sys- put National Guard troops at the bor- Thank you for your leadership on this leg- tems, Inc.; AC Photonics, Inc.; der, construct more fencing, construct islation. We stand ready to build the world- Actiontec Electronics, Inc.; Active Op- more roads, more vehicle barriers,

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00012 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9871 more sensors, more lights, more cam- fence and a willingness to fall down they are able to get to the location in eras, and provide more Border Patrol and maybe break an arm on this side, time to stop the entry or to pick up the to patrol this large area of our border. and a lot of people do that. people and return them if they have al- The combination of all of these, per- The fencing is deteriorating. It is ready entered. sonnel and infrastructure and tech- very difficult to repair because of its Again, you don’t need fencing across nology enhancements, will enable us to age. And for the Border Patrol, they the entire border. It is not a wall. It is gain effective control of our border. I can’t see through it, so it represents a not solid fencing. It is a combination of am pleased that as a result of the ap- disadvantage to them because they things which, working together, will propriations we have passed over the can’t see who is amassing on the other enable us to secure the border. last couple of years, we are now begin- side of the border. They can’t see where I mentioned the environment because ning to see our efforts pay off. In many rocks are being thrown from, and now I think it is important for us to recog- areas of the border, the enhanced secu- rock-throwing has been a highly dan- nize that more fencing and these other rity is paying off. It is noticeable. I gerous problem for members of the techniques can actually help improve will cite some of the statistics to point Border Patrol. So they would prefer to our environment. It does not degrade that out. have either single or, even better, dou- the environment. The illegal border I express support for this legislation ble fencing which they could see crossing traffic has created thousands because it provides a roadmap. It through and which is a more modern of new trails and roads on Federal makes it very clear where we are design than this landing mat fencing. lands in Arizona. I am going to submit going. It establishes principles by So far from being a wall, what is con- for the RECORD the documentation of which the Department of Homeland Se- templated in this legislation is exactly each of the things I am saying here curity can operate with the funding we the opposite. It involves a fence which rather than provide them orally, but have been providing and will provide in you can see through combined with for each of these comments I am mak- the future. other kinds of technology such as vehi- ing, there is documentation through The essence of the legislation, as I cle barriers, cameras with which we hearings that have been held, through said, is to provide more reinforced can see illegal entry, sensors with reports that have been issued, through fencing, more physical barriers, roads, which we can detect it, and lights stories that have appeared in news- lighting, cameras, and sensors. The which help us to see. papers and so on. Secretary of Homeland Security obvi- Now, we are not going to put the For example, the Defenders of Wild- ously will determine the appropriate fencing along the entire border, obvi- life notes that since 2002, 180 miles of sequencing of when these things are ously. In some parts of the border, par- illegal roads have been created in the constructed and the appropriate mix as ticularly near urban communities, we Cabeza Prieta National Wildlife Refuge to where you put the fencing, where will extend the fencing. In other areas, alone. This is a wildlife refuge we have you put the vehicle barriers, the sen- the legislation contemplates vehicle set aside for the pronghorn antelope sors, and so forth. The bill itself, for barriers. This is important because in and bighorn sheep and other species we example, recognizes that in moun- certain flat areas of the desert, a lot of want to protect, and the entry of all of tainous areas, you would be exempt vehicles are being brought across now. these vehicles, illegally creating these from providing some of the fencing. Ordinarily they are stolen in the new roads, is substantially disrupting But the bottom line is to provide a United States, taken across the border, the habitat, for example, for the big- combination of things which, in con- filled with some kind of contraband, be horn sheep. The illegal roads divert the cert with personnel, will make it much it illegal drugs or the human cargo the normal flow of water, and they rob na- more difficult for illegal entry into the Coyotes pick up, and then they bring tive plant cover of the moisture it United States. The net result will be that across the border. Frequently, needs to survive. The proliferation of that it will be much more difficult for those vehicles are abandoned on our trails and roads damages the flora and smugglers and illegal aliens to gain side of the border, representing an en- fauna—the cactus, for example, and entry into the country, it will signifi- vironmental hazard. other sensitive vegetation—and dis- cantly reduce crime rates in border But what the Border Patrol has dis- rupts and even prevents the revegeta- towns, it will clearly improve the qual- covered is that as they have begun to tion of the area. You can see tracks in ity of life for Arizona and for the con- get more operational control or juris- the desert that were created over 50 or stituents I represent, and it will pre- diction over the border area because of 60 years ago, and it takes that long for serve the fragile desert lands and ar- the increased number of Border Patrol the fragile desert to recover. That is cheological resources which are being agents and vehicles and fencing and so one of the unfortunate results of all of destroyed by the illegal pedestrian and on that we have already provided, the this illegal immigration, which could vehicular traffic, again particularly Coyotes and the cartels—the drug be prevented with more vehicle bar- along the area of the border between smugglers, the gangs—are fighting for riers and fencing along the border. the State of Arizona and the area of this operational control of territory, The trails obviously create soil com- Senora in northern Mexico. and they are using weapons. What the pacts and then erosion which, in other Let me talk for just a moment about Border Patrol tells me is that when- areas, results in damage. I have seen the environmental impact because that ever they see a vehicle, they know it is with my own eyes the tons of trash has been a matter of some concern to a problem because it has a more valu- that is left behind. If you can imagine those who view this legislation as sim- able cargo and is likely to be defended millions of people over the course of ply involving the creation of some kind with weapons. That is one reason they time trying to cross the border and of a wall. Now, let me make it clear. are so insistent on putting vehicle bar- leaving behind hundreds of thousands This is not a wall. Fencing, per se, is riers in some areas of the border. of plastic water jugs and items of not a wall. In fact, part of what we In some areas, fencing will not be ap- clothing and elements in backpacks would be doing here is replacing the so- propriate, and cameras will do the job. and the like, it is just incredible, what called landing mat fencing, which does I have been in the control rooms where you see, and it creates all kinds of look like a wall, with chain link-type we have one person able to monitor problems. This proliferation of trash fencing that you can see through. many different TV screens that rep- and, by the way, concentrations of There are two reasons for this. The resent the views of many different human waste, I would also note, im- landing mat fencing is the steel land- cameras, some of which are infrared, so pacts wildlife and vegetation and water ing mats that are left over from pri- you can see at night. This way, you quality. It detracts from the scenic marily World War II that can be stood don’t have to have fencing all along the qualities, obviously, and can affect on end and welded together, embedded border; you have cameras which can human and animal health from the in concrete pilings, and represent a show you what is happening. When you spread of bacteria and disease. Trash is barrier to entry into the country. They see groups of illegal immigrants mass- also ingested by wildlife and livestock, are high and it is hard to get over them ing on the other side of the border, pre- which sometimes results in illness or but not at all impossible. All you need paring to cross, the person in the con- even death of the livestock and wild- is a ladder on the other side of the trol area calls the Border Patrol, and life.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00013 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9872 CONGRESSIONAL RECORD — SENATE September 21, 2006 In the early 1990s, over 300 wildfires species that hadn’t been reported in some degree of control over, and they were caused by campfires of illegal im- the area for years. I believe all of this are fighting back. They are fighting migrants, which additionally poses a is an important element in that debate, back with weapons, and they are also threat both to the environment and to demonstrating that the additional fighting back with things like rocks, human safety in these areas. fencing and other border technology which you may not think is a threat The damage is not limited to the can help to prevent environmental until you get hit in the head with one compaction, and so on, by human traf- damage. and are severely injured and maimed, fic. As I noted, vehicles coming across But what of the primary purpose of really, for the rest of your life. create their own special set of prob- the fencing to prevent illegal entry? There is a lot to protect with more lems. Abandoned vehicles are often left This is important for a variety of rea- fencing, more vehicle barriers, more in place, and the burden of removing sons. Due to the close proximity of the cameras, more sensors, and the like at them falls to the Government, which border to a number of major highways our border. It is interesting that vehi- has to very carefully try to get to the in the State of Arizona, illegal immi- cle barriers, which are important be- vehicles without creating new roads grant and drug trafficking is often in- cause, as I said, whenever the Border and trails and get them removed with- tense. When smugglers can manage to Patrol sees a vehicle, they know they out causing even more environmental reach the roads, they often resort to have a problem because of an impor- damage. If they are not removed quick- excessive speed, driving without lights, tant value in the load. Vehicle barriers ly, they are often set on fire by van- and driving down the wrong side of the have worked in the Buenos Aires Na- dals. They have fluids that leak into road to escape law enforcement. There tional Wildlife area, for example, where the watershed and into water courses. have been a lot of injuries and deaths there has been a 90-percent reduction. As I said, further removal causes addi- and attacks on Border Patrol that have In the Organ Pipe Cactus National tional damage as the tow trucks are resulted. We had an actual shoot-out Monument there has been a 95 percent forced to navigate previously unspoiled on the freeway between Tucson and reduction in vehicle traffic. It can areas of the desert. Phoenix between two rival gangs who work. But we have to do it. Interestingly, the illegal immigrants were contesting to see who could own People say we have tried it and it frequently take vegetation from the the illegal immigrants in the van at doesn’t work. We have barely started. environment to build shelters, and by issue. Frequently, these vans are In fact, there are almost four times as taking a lot of the ocotillo cactus, for wrecked, overturned, and a lot of ille- many New York City police officers as example, they are removing a very im- gal immigrants are killed or injured. there are members of the Border Pa- portant species from the desert to build In the one unfortunate case, in the trol. So our effort now to build up the these camouflages, drug stashes, and town of Sierra Vista near the border, Border Patrol, add this fencing, add the temporary shelters. an elderly couple in the community vehicle barriers, add the cameras, and Also, interestingly, when illegal had just gotten married—I believe it all these things to the border is begin- aliens fill water bottles in the wetland was the week before—and they were ning to have an impact. It can work. locations, it has been determined that simply driving through an intersection, We simply have to do more. That is they have actually infected these pro- minding their own business, when, with what this legislation would provide. tected Federal wetlands with invasive excessive speed in order to avoid appre- I will not cite the statistics, but parasites and diseases which have been hension, a load of illegal immigrants there is great evidence that the fencing carried with them in the water levels came crashing through, hit their vehi- in the San Diego area has substantially which have harmed native fish and cle, and killed them both. You can reduced the amount of illegal traffic wildlife. In fact, in a report to the imagine the sorrow as well as the anger across the border. It used to represent House of Representatives committee, in this small community when these about half of the border crossings. It is according to this report, new tape- wonderful people, who were known to now down to 10 percent. In the area of worms and fungi have already im- many of the residents of the commu- the triple fence, it is practically zero, I pacted populations of endangered fish nity, when their lives were extin- am told. and frogs. guished right after they were married The bottom line is that we can make So when we talk about the potential and looking forward to some very a substantial difference by not only ap- damage to the environment from the happy years because of this illegal ac- propriating the money—I saw, just a fences, it is easy to see that there is far tivity. This has real impacts on peo- moment ago, the chairman of the more of a benefit than a cost to cre- ple’s lives in the United States, and Budget Committee here, and the sub- ating impediments to illegal entry that is another reason to end it. committee in charge of appropriations which is creating the kind of environ- We had testimony in the sub- for this effort. The Senator from New mental impacts I am talking about. committee which I chair—of the Judi- Hampshire was on the Senate floor a Just to give one summary impact, ciary Committee—Terrorism, Tech- moment ago. I commend him again for Coronado National Forest, which is on nology and Homeland Security, about his efforts, primarily in the last couple the border in the area of Tucson, expe- the number of illegal immigrants who of years, to make funds available to do rienced the following environmental cross who are criminals or who are all these things. degradation from the period 1996 to wanted for crimes. It isn’t just a mat- As I said, we are moving forward 2006: 298 abandoned motor vehicles, 300 ter of keeping people from entering the with this at the border, and it is begin- miles of significant damage to environ- United States to work. The testimony ning to make a difference. What the mental resources caused by off-road ve- was, by the head of the Border Patrol, legislation passed in the House of Rep- hicle use, 120 human-caused wildfires. that now over 10 percent of the illegal resentatives will enable us to do is to There is an interesting parallel with immigrants apprehended coming into have a clear path, a clear guideline of the fence which was built in the San this country are criminals. I am not exactly what we are going to do. It pro- Diego area. There was concern about talking about immigration violations; vides discretion to the Department of the environment there as well. But not I am talking about serious crimes such Homeland Security about what exactly only has the construction of that triple as homicide, rape, assault, kidnapping, to do in what areas. It is not a fence fence in the area of San Diego virtually serious drug crimes. It is not only over- along the entire border, it is a com- stopped illegal immigration in that loading our law enforcement and court bination of these different things as area, it has significantly reduced crime systems, but it is also creating a huge the Department of Homeland Security on both sides of the border because the problem at the border. deems appropriate. But we believe, in criminals who used to congregate in The U.S. attorney for Arizona, Paul consultation with the Border Patrol, the area are no longer congregating in Charlton, testified that last year as- with local officials, that they can de- the area because they can’t get across. saults at the border were up 108 per- termine where best to put each of these The result is the San Diego fence has cent. Why? Because, as I said before, assets and how to sequence their con- significantly improved the environ- the Border Patrol and law enforcement struction in such a way as to eventu- ment in the area, with grasslands com- is now contesting the territory that be- ally gain control of the border, and ing back and the return of protected fore the cartels and the coyotes had that should be our first goal here: to

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00014 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9873 establish control of the border, to se- and other sensitive resources. Border Secu- pacts Along the Southwestern Border: Hear- cure the border so we can move on with rity on Federal Lands: What Can be Done to ing Before the H. Comm. on Resources, 109th the other elements of comprehensive Mitigate Impacts Along the Southwestern Cong., 2d Sess. at 1 (2006) (statement of Chris Border: Hearing Before the H. Comm. on Re- Ingram, Gulf South Research Corporation). immigration reform which, inciden- sources, 109th Cong., 2d Sess. at 2 (2006) Due to the close proximity of the border to tally, I support very strongly. But I (statement of Steve Borchard, Dept. of the a number of major highways, illegal immi- think most of us agree a first step Interior). grant and drug trafficking is often intense. If must be to secure the border. Vehicles used by drug and human traf- smugglers manage to reach the road, they I commend this bill to my colleagues. fickers are often damaged, resulting in fluid often resort to excessive speed, driving with- I hope we will be able to get cloture on spills (gasoline, motor oil, radiator fluid, out lights, or driving down the wrong side of Monday and we can proceed to its etc.) and spreading hazardous debris (glass, the road to escape law enforcement officers, resulting in accidents, injuries, and death. adoption. For those constituents in my torn sheet metal, etc.) that harm the envi- ronment. Abandoned vehicles are often left Border Security on Federal Lands: What Can home State of Arizona, this would be a in place and the burden of removing them be Done to Mitigate Impacts Along the very big benefit since over half of the falls on Federal law enforcement officials. If Southwestern Border: Hearing Before the H. illegal immigrants now entering the the vehicles are not removed quickly, they Comm. on Resources, 109th Cong., 2d Sess. at United States come through my State are often set afire by vandals, creating an 4 (2006) (statement of Steve Borchard, Dept. of Arizona. This is critically important even larger safety and environmental con- of the Interior). for my State, but it is also important cern. Border Security on Federal Lands: Much of the existing pedestrian barriers What Can be Done to Mitigate Impacts consist of unsightly ‘‘landing mat’’ wall for the United States, and I hope my structures that are operationally unsound, colleagues will join together to support Along the Southwestern Border: Hearing Be- fore the H. Comm. on Resources, 109th Cong., as Border Patrol Agents cannot see through this important legislation. 2d Sess. at 4 (2006) (statement of Steve them to monitor developing events on the Mr. President, I ask unanimous con- Borchard, Dept. of the Interior). Mexican side, and are more vulnerable to sent to have printed in the RECORD After blazing destructive paths through being struck with rocks that they cannot see some background materials on this the desert, large numbers of vehicles are coming. The landing mat fences are so aged subject. abandoned by smugglers and illegal aliens. and damaged that they cannot easily be re- There being no objection, the mate- These vehicles emit pollutants, like gaso- paired, and when corrugated, can have doors cut into them that are difficult to detect. rial was ordered to be printed in the line, oils, antifreeze, and lead, which often soak into the ground and can reach water Vehicle barriers will help stop ingress of RECORD, as follows: sources. Further, removal often causes addi- armed human and drug traffickers, and end Nearly 50 percent of the illegal aliens tional damage as tow trucks are forced to mistaken incursions by Mexican military crossing the southern border of the United navigate previously unspoiled terrain to ac- units into U.S. territory. [Source: CBP]. States enter through Arizona in the Tucson cess the abandoned vehicles. Report to the Vehicle barriers significantly reduce ille- and Yuma Sectors. In fiscal year 2006, more House of Representatives Committee on Ap- gal vehicle traffic. Since installation, the Buenos Aires National Wildlife Refuge has than 161,253 illegal aliens have been appre- propriations on Impacts Caused by Undocu- seen a 90 percent reduction in vehicle traffic hended in Tucson Sector, and 61,974 illegal mented Aliens Crossing Federal Lands in in some areas, and the Organ Pipe Cactus aliens in Yuma Sector. [Source: CBP]. Southeast Arizona, 107th Cong., 2d Sess. at National Monument has seen an estimated 95 Illegal cross border traffic has created 17–18 (2002). thousands of new trails and roads on Federal Illegal aliens trample the native vegeta- percent reduction in vehicle traffic. Corinne lands in southern Arizona. Report to the tion in riparian areas in an effort to get Purtill, New Fences Protecting Fragile House of Representatives Committee on Ap- water and uproot native plants like ocotillo Areas on Border, The Arizona Republic, Au- propriations on Impacts Caused by Undocu- cactus to build temporary shelters or to gust 26, 2006 (verified by Customs and Border Protection Sept. 19, 2006). mented Aliens Crossing Federal Lands in camouflage drug stashes. Report to the In 1992, the Border Patrol apprehended Southeast Arizona, 107th Cong., 2d Sess. at 3 House of Representatives Committee on Ap- 565,581 illegal immigrants in the San Diego (2002). propriations on Impacts Caused by Undocu- Since 2002, 180 miles of illegal roads have Sector, which constituted 47 percent of ille- mented Aliens Crossing Federal Lands in gal immigrants apprehended by the Border been created in the Cabeza Prieta National Southeast Arizona, 107th Cong., 2d Sess. at 15 Wildlife Refuge alone. Brian P. Segee, On the Patrol that year. After construction of fenc- (2002). ing was accelerated as part of Operation Line: The Impacts of Immigration Policy of When illegal aliens fill water bottles in Gatekeeper in 1993, the annual numbers Wildlife and Habitat in the Arizona Border- wetland locations they can infect these pro- began a steady decline. In 2005, 126,913 aliens lands, Defenders of Wildlife Report 20 (2006). tected Federal wetlands with invasive were apprehended in the San Diego Sector, Illegal roads divert the normal flow of parasites and diseases which can doom na- water and rob the native plant cover of the which was just 10 percent of the total num- tive fish and wildlife. New tapeworms and ber interdicted by the Border Patrol. moisture it depends on to survive. Kathleen funguses have already impacted populations Ingley, Ghost Highways, Arizona Republic, (Source: Office of Legislative Affairs, U.S. of endangered fish and frogs. Report to the Customs and Border Protection). May 15, 2005. House of Representatives Committee on Ap- The proliferation of trails and roads dam- propriations on Impacts Caused by Undocu- The PRESIDING OFFICER. The Sen- ages and destroys cactus and other sensitive mented Aliens Crossing Federal Lands in ator from South Dakota. vegetation, disrupts or prohibits re-vegeta- Southeast Arizona, 107th Cong., 2d Sess. at 23 Mr. THUNE. Mr. President, I would tion, disturbs wildlife and their cover and (2002). just like to add to what my colleague travel routes, causes soil compaction and Illegal aliens transport in seeds from from Arizona has said about the impor- erosion [and] impacts stream bank stability. invasive plant species. Report to the House tance of border security. One of the Report to the House of Representatives Com- of Representatives Committee on Appropria- clear priorities in the debate about im- mittee on Appropriations on Impacts Caused tions on Impacts Caused by Undocumented migration is what are we going to do to by Undocumented Aliens Crossing Federal Aliens Crossing Federal Lands in Southeast Lands in Southeast Arizona, 107th Cong., 2d Arizona, 107th Cong., 2d Sess. at 23 (2002). take steps to ensure that we stem the Sess. at 3 (2002). And since the vehicles on the road have flow of illegal immigration in this Tons of trash and high concentrations of churned up the soil and diverted the water country. The Senator from Arizona has human waste are left behind by undocu- flow, these new plants can take root. Kath- been a great leader on this issue. I mented aliens. This impacts wildlife, vegeta- leen Ingley, Ghost Highways, Arizona Repub- commend him for that. Of course his tion and water quality in the uplands, in lic, May 15, 2005. State is right down there on the bor- washes and along rivers and streams. This The Coronado National Forest experienced der. But, ironically, even in my State, also detracts from scenic qualities and can the following environmental degradation the State of South Dakota, which is affect human and animal health from spread 1996–2001: 298 abandoned motor vehicles; 300 of bacteria and disease. Report to the House miles of significant damage to natural re- somewhat removed from the border, we of Representatives Committee on Appropria- sources caused by off-road vehicle use; and are experiencing the effects, some of tions on Impacts Caused by Undocumented 112 human-caused wildfires. Report to the the negative effects of immigration. Aliens Crossing Federal Lands in Southeast House of Representatives Committee on Ap- In fact, I had a meeting not long ago Arizona, 107th Cong., 2d Sess. at 3 (2002). propriations on Impacts Caused by Undocu- with law enforcement personnel in my Trash is also ingested by wildlife and live- mented Aliens Crossing Federal Lands in State—State, Federal, local law en- stock, sometimes resulting in illness and Southeast Arizona, 107th Cong., 2d Sess. at forcement—to talk about the meth- death. Id. at 20. F–5 (2002). amphetamine issue which has become a In the early 1990s, over 300 wildfires caused The construction of the San Diego fence by campfires of illegal immigrants posed a has resulted in the return of protected spe- real epidemic in my State like it has in significant threat to human safety and wild cies that have not been reported in the area many other places. In fact, meth- lands along the border, as well as increased for many years. Border Security on Federal amphetamine arrests were up 45 per- impacts to soils, vegetation, cultural sites, Lands: What Can be Done to Mitigate Im- cent last year in Sioux Falls, which is

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00015 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9874 CONGRESSIONAL RECORD — SENATE September 21, 2006 our biggest city. There is what is people in this country want to see ac- direction. I have legislation that is known as the I–29 corridor, from Sioux tion on now is let’s get this border se- pending in the Senate. It has passed City to Sioux Falls, beyond to South cure. So this border security bill that the House. As a matter of fact, it Dakota, and up into North Dakota. It has come over from the House and is passed the House by a huge margin, 355 has become afflicted with the meth- being debated in the Senate, I hope we to 9, broad bipartisan support coming amphetamine crisis. will get a vote on it and be able to pass from the House. It comes here from the As I met with them, one of the things it through the Senate and put some- Senate. Senator SALAZAR and I have a that became very clear is that much of thing on the President’s desk that will substitute amendment to that which what is driving the methamphetamine move us in the right direction, a direc- has been cleared by the Republicans in scourge in our area of the country is tion that will discourage people from the Senate. The House has said as soon people who have come here illegally. It coming here illegally. The thing we as we send it back to them they will is illegal immigrants who come in and want to do is discourage people from pass it and it will be put on the Presi- set up these distribution systems in coming here illegally. dent’s desk. But we have a series of se- this country, and they are targeting I say that as a person one generation cret holds on the Democratic side in the Indian reservations. There have removed from immigrant status. My the Senate. been a number of stories about how the grandfather and great-uncle came here I know that is part of the tradition of methamphetamine—if you want to call from Norway in 1906. We are a nation of the Senate. I don’t happen to think it them cartels or whatever—have looked immigrants. People come for the same is a good part of the tradition of the for places in the United States where reason they did: they want to experi- Senate, that people can put a secret they have wide open space, which we ence the American dream. hold on a bill and you don’t have any have on our reservations in South Da- We are a welcoming nation, and we idea who has a hold on it, what their kota and we do not have sufficient law are also a nation of laws. We need to issues are. I have my suspicions, since enforcement to necessarily keep up enforce those laws, and this legislation this is an even-numbered year, about with some of those problems. They are moves us in that direction. It deals why some of these holds are being targeting Indian reservations. with what is the first priority in this placed on this bill. Nevertheless, it has I talked to one law enforcement indi- debate, and that is securing the Amer- the relevant committee’s blessing. It vidual from one of the reservations ican border so that not only from a na- has been approved by the committees who said they had just sent back some- tional security standpoint, a law en- here. As I said, we have cleared all the body who had come into this country, forcement standpoint but, frankly, just traps on the Republican side of the broken the law on the reservation, for so people in this country know and aisle in the Senate. So the legislation the ninth time. That is how easy it has people in other countries in the world is ready to be passed, sent back to the become to get in and out of this coun- who want to come here illegally know House, sent to the President, and try illegally. That is why it is impor- that we are a nation of laws, and we signed into law. But we have a series of tant this issue be addressed. are going to enforce those laws. secret holds on the Democratic side in I understand there are differences of That is where this debate should the Senate. That is wrong. Whatever opinion in the Senate about how to ad- start. This will give us an opportunity the motivations are, this is policy that dress this; whether or not we ought to to do something about which I think is important to the country. have a comprehensive approach or how there is broad agreement. We can ad- I just mentioned the issue of energy we deal with those who are already dress the other issues in due time, but security, of energy independence. This here illegally. I think those are all right now, in the time we have left in is an issue that strikes at the very points of debate and issues we need to the Senate before we adjourn, it is im- heart and core of almost every issue we continue to discuss and resolve. But we portant we address this issue. are debating in the country today, have to start fundamentally with stop- I want to speak to one other matter. whether it is the economy and the cost ping the problem now. The people of I came to the floor yesterday, and I of energy, whether it is national secu- this country expect us to act. It is a want to follow up on something I said. rity, foreign policy—energy, the fact matter of national security. For anybody who watched the com- that we depend upon foreign sources We have the possibility of terrorist ments at the United Nations made by for our energy supply in this country, organizations using our open, porous Hugo Chavez of Venezuela, it should is a very serious and vexing problem. border as an opportunity to get a foot- have removed any doubt about the im- We have to address it. We need to put hold in this country. As I have said, we portance of American energy independ- policies in place that will create more have a lot of law enforcement issues re- ence. We need to become energy inde- supply here in America. lated to people who come here illegally pendent. We get a million barrels of oil This legislation, again, very briefly— and then commit illegal acts—the a day from Venezuela. This is a coun- to explain it because I explained a lit- methamphetamine incidents I talked try whose leader was spewing hatred at tle bit yesterday—fills the distribution about in South Dakota being one ex- the United States; someone who, in the gap that we have in the area of renew- ample. But, clearly, we need to start past, has said that the President and able energy. We passed an energy pol- sealing, securing this southern border his administration were responsible icy last summer. Part of our policy is to make sure the people of this country and behind the 9/11 attacks. a renewable fuels standard which guar- have confidence that we are taking the This is a country, and many of the antees a market for ethanol and other steps necessary to stem the flow of ille- other countries like that one, where we types of bioenergy. We now have a lot gal immigration and to get this issue get the majority of our energy. They of plants around the country that are under control. are countries that are hostile to the operating at full capacity, producing I appreciate the work the chairman United States. They want to use the le- ethanol. We have plants under con- of the Budget Committee and others verage they have as a political weapon struction. My State of South Dakota have done to put more resources and against the United States. has been at the forefront of that move- funds toward that because I think it The way we avoid that from hap- ment, but we will very shortly be at a has made a profound difference al- pening is America becomes energy billion gallons a year production of ready. But, frankly, this legislation we independent. We need more sources of ethanol. are considering today is important be- American energy. We need to take The problem we have is we do not cause it will send a loud, clear message steps so that we have the supply in this have a way of getting it to the con- to the people in this country that we country that will enable us to meet the sumer in this country because we don’t are serious about this issue of illegal needs that we have in our economy, have enough refueling stations, gas immigration, starting with securing without having to get energy from the stations, and convenience stores that the border. Middle East or from Venezuela, OPEC, have installed the pumps that are nec- The other issues that follow from other countries that have very hostile essary to deliver E85 to consumers in that we can debate. There is an agree- intentions toward the United States. this country. ment on that. I think the one thing Yesterday, I came down here to talk This was an ad that was run in one of there is agreement on, the one thing about a bill that will move us in that the local publications here, Congress

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00016 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9875 Daily. I saw it a few days ago. I saw it by using the fines that are paid by for- side preventing this legislation from again today in that same publication. eign auto manufacturers for violations moving forward. It is put out by the Auto Alliance. The of fuel efficiency standards. Take a fine I ask my colleagues—I urge my col- Auto Alliance in this country, which which has been paid and apply those leagues—on the other side of the aisle represents the major car manufactur- dollars toward a program that provides to release those holds and allow this bi- ers, is very much supporting this legis- incentives for fuel retailers to install partisan legislation, this important lation. What this ad says is that there five pumps and other pumps that offer legislation, to get to the President’s are 9 million alternative fuel autos in other forms of alternative energy. desk so we can begin to lessen our de- this country today—and counting: 9 But, frankly, as I said before, it is an pendence on foreign sources of energy, million cars in America today that are important priority. We have auto man- on dictators, and countries like Ven- what we call flex-fuel vehicles; that is, ufacturers making the cars, ethanol ezuela and Iran, and have American- they are capable of running either on producers that are producing the eth- grown energy that will make America traditional gasoline or E85 ethanol. anol, you have consumers in this coun- independent as we head into the future. Nine million vehicles—they are try who want this product, and you I yield the floor. The PRESIDING OFFICER. The Sen- ramping up, building, and manufac- have a requirement now, because of the ator from Delaware. turing more flex-fuel vehicles. If you renewable fuels standard that we passed last year and put into law in the Mr. CARPER. Mr. President, I thank watch the television advertisements you. I ask unanimous consent to speak today and you see the auto manufac- Energy bill, that States meet those standards. You have all of these things for 5 minutes in morning business. turers run their advertising, they are The PRESIDING OFFICER. Without clicking. And Hugo Chavez comes to talking more and more about flex-fuel objection, it is so ordered. vehicles. This is an important priority the United States and at the U.N. in a vitriolic way attacks our country and EQUAL OPPORTUNITY FOR ASIAN AMERICANS for the auto industry. They have the Mr. CARPER. Mr. President, I want cars that are out there that are capable our leaders. Here we are getting a mil- lion barrels of oil a day from that to take a moment to bring to the at- of using E85. The problem is, there are tention of our colleagues a full-page ar- not enough filling stations that have it country. We need American energy. We need ticle which ran in the business section available. of the Washington Post recently head- In their letter that they sent in sup- to be energy independent. We need to move America in a direction toward lined ‘‘American Core Values, Equal port of this bill, the Alliance of Auto Opportunity.’’ I had some discussion in Manufacturers says—and I used the the future and take us away from rely- ing on the traditional sources of en- my caucus this week focusing on diver- number yesterday. This is a slightly sity and focusing on diversity of our different number, but it is in the ball- ergy. We get almost 55 percent of our en- own staff here on Capitol Hill and how park. I said there were 600 gas stations ergy from outside the United States— well we are doing. This is an issue that in this country that offer E85 out of a and that has to change. is on my mind. total of 18,000. In their letter they say This legislation is broadly supported. Some of my colleagues may be famil- 830 gas stations, so maybe it has gone It came out of the House by a vote of iar with something called the 80–20 up a little bit, out of the total number 355 to 9. It is broadly supported. Educational Foundation which seeks to of gas stations in the country that I have had Senators from both sides promote equal opportunity for Asian have E85 ability. of the aisle come up to me—and, of Americans. The president of the foun- There are 9 million vehicles and course, I said it is cleared on the Re- dation, as it turns out, is a colleague counting that can run on flex fuel publican side. I have had Democratic and friend of mine, a constituent. He is using E85 or other bioenergy—only Senators say they really support the former Lieutenant Governor, recently using the high number of 830 refueling legislation. This is a good thing. retired physics professor at the Univer- stations where they can get that. Again, I am at a loss—it is a mystery sity of Delaware, Dr. S.B. Woo. In the Midwest where I am from, in to me—to try to explain why anyone Here are some of the findings of 88– South Dakota, we have a number of would be opposed to this. The only 20’s research as spelled out in the arti- filling stations that make E85 avail- thing I can suggest is there are perhaps cle in the paper. No. 1. When compared to Whites, Af- able. But that is the exception and not some election year motivations. I don’t rican-Americans, Hispanics, and the rule. know the answer to that. I hope that is women, Asian-Americans have the low- Our bill provides an incentive for not the case. est odds of rising to management level these refuelers to install E85 pumps, This is the right thing to do for the positions in private industry, univer- not just E85. This isn’t just an ethanol country. It is the right policy to put in sities, and even in the Federal Govern- issue; other alternative energy types of place for America’s future. I call on my fuels can be used. But it provides an in- ment. colleagues on the Democratic side who No. 2. This is interesting because 80– centive for them to install pumps to have these anonymous, secret holds— make renewable energy and alternative 20’s research also indicates that Asian- we don’t know who is holding it up. I Americans are much more likely to ob- sources of energy more readily avail- wish I knew the answer to that. I would tain a college degree or higher than able to consumers in this country. It love to have them come down here and Whites, African-Americans, Hispanics, does it very simply by providing grants defend their position because there is or women. up to $30,000 per pump at the gas sta- absolutely no logical reason anybody The data indicates that Asian-Ameri- tion. Because they can install more would object to this piece of legislation cans have half the chance of Whites of than one, they can take advantage of which implements policy, consistent rising to management-level positions. the incentive more than once. If they with the energy policy that we adopted If this is right, then this is wrong. install an E85 pump, they can get up to last summer, the renewable fuels From the charts, we can also see that $30,000 to do that. The cost of installing standard, and make available for peo- African-Americans, Hispanics, and one of those pumps, depending on ple in this country E85 ethanol. women are still lagging behind as well. where you are in the country, is be- There are 9 million automobiles in They are also less likely to rise to tween $40,000 and $200,000. this country and counting that can run management level positions. And, per- The simple fact is, this incentive will on E85. If you use the generous esti- haps more troubling for the future, go a long way. As has been noted, and mate, there are 850 refueling stations. they are also much less likely to ob- as I said, the auto manufacturers sent That is a terrible gap. We need to fill tain advanced degrees. a letter supporting the bill, as has the that gap in the distribution system in This country was founded on the National Association of Convenience this country. This legislation would do premise that all men and all women Stores which represents all of the gas that. are created equal and that we must al- stations around the country. They are It is ready for action in the House, ways strive for equality and justice for supporting this; the auto manufactur- and it is ready to go to the President all of us. ers are supporting this. for his signature. We have made great strides over the It does not affect the budget because But we have, as I said, some anony- years. We have taken steps to get clos- we paid for it. The way we paid for it is mous and secret holds on the Democrat er to that goal of equality and justice

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00017 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9876 CONGRESSIONAL RECORD — SENATE September 21, 2006 for all. As I have often said, we can ob- Mr. REED. Mr. President, I under- thought a crime was being committed. viously make it better. stand I have 14 minutes with respect to They literally thought they were being But an important part of that fight— postcloture debate. I ask unanimous robbed because one day they got help which I think is illustrated in the consent to speak beyond those 14 min- with the prescriptions, and the next Washington Post—is keeping vigilant. utes. day there is no help at all. We must continue to stay vigilant to The PRESIDING OFFICER. Without Now ‘‘D,’’ besides standing for dough- promote equal opportunity for all objection, it is so ordered. nut hole, stands for dire circumstances. Americans, not just Asian-Americans. MEDICARE PART D These are the circumstances in which Each of the groups in these charts Mr. REED. Mr. President, I rise seniors will find themselves unless we faces different barriers, different chal- today to discuss my deep concerns do something to fix this problem be- lenges. And although we have made about the Medicare Part D Program. cause the doughnut hole will only get great progress in the opportunities for The ‘‘D’’ was supposed to stand for a bigger and bigger year after year. all Americans, we cannot become com- new prescription drug benefit, but now Today, over 38 million Americans on placent and assume that there is no seniors are finding that ‘‘D’’ really Medicare have some form of prescrip- work left to be done. stands for doughnut hole. Unlike most tion drug coverage. Of these bene- The fight for equal opportunity is a other types of health insurance, the ficiaries, 10 million have coverage fight we must not allow to lag. Medicare drug benefit was inten- through a standard Part D prescription I hope my colleagues will consider tionally designed with a coverage gap drug plan, and up to 7 million could be the important information that is pre- or doughnut hole that requires bene- subject to the doughnut hole between sented here today and maybe take the ficiaries to pay for all yearly prescrip- now and the end of the year. The num- bers will only grow in the coming years opportunity to look at it. tion drug spending between $2,250 and if the administration allows drug I ask unanimous consent to have the $5,100. Washington Post item printed in the Let me explain. It is baffling to most prices to continue to escalate. What RECORD. people that the Part D Program was trips seniors into the doughnut hole is There being no objection, the mate- designed so that beneficiaries paying the cumulative spending on drugs. If rial was ordered to be printed in the premiums each month receive support drug prices go up, seniors very quickly RECORD, as follows: for their drug costs until they have reach that threshold where the dough- America’s Core Value: Equal Opportunity spent $2,250, and suddenly the insur- nut hole kicks in. Tragically, many beneficiaries are unaware that this What makes America great also enhances ance goes away. The premium stays, coverage gap exists and only learn competitiveness. but the insurance goes away until you Asian Americans yearn to make greater about this lapse after they have fallen reach $5,100. That is an unusual insur- contributions to our country. into the hole. To add insult to injury, ance program, to say the least. Seniors However, today, Asian Americans have the these beneficiaries are expected to con- will experience this lapse in coverage least opportunity to enter management and tinue paying monthly premiums the slowest rate of progress towards equal once their drug costs have exceeded through their drug plans even though employment opportunity, despite having the $2,250. When they are in the doughnut they receive absolutely no coverage in highest educational attainment. hole, they have to pay for all the drugs return. This is a very unusual health As the world’s economic and geopolitical out of pocket, as well as paying the centers shift, can our nation afford to waste care plan, to be paying a monthly pre- monthly premium. That does not sound some of her best human resources? mium but not be eligible for coverage. [Chart 1] like a sensible insurance program. When we pay health care premiums, [Chart 2] That is, in effect, what this Part D Pro- we hope we don’t have to use any of the Research Shows gram involves. coverage, that we are healthy and well, A. Asian Americans have the lowest odds According to one estimate published of getting into management in private indus- but we all have in the back of our in the journal Health Affairs, the aver- minds the knowledge: If something tries, universities and the Federal govern- age Part D beneficiary will spend al- ment. 2.1 million Asian Americans work in happens that month, I am eligible, I the three sectors (see Chart 1). Data come most $3,100 this year on prescription can get the help. Not so in the dough- from government sources and the method- drugs. So the President’s idea of cost nut hole. Seniors keep paying the ology from the Equal Employment Oppor- containment is not to drive pharma- monthly premium, and then they pay, tunity Commission. ceutical manufacturers to rein in out of pocket, the full cost of the pre- B. Should Asian Americans be more pa- prices but to just cut off seniors’ bene- scription. tient? The rate of progress from 1996 to 2001 fits when they most need the coverage. for all workers in Chart 1 was studied. Al- I didn’t support the Medicare Mod- Many Medicare beneficiaries with ernization Act which created Part D though Asian Americans are twice the dis- high drug expenses already have begun tance from equal opportunity (the blue because I believed the benefit was in- dashed line) compared with Hispanics and to fall into the doughnut hole and are sufficient and the emphasis on a pri- women, Asian Americans’ rate of progress is struggling to pay for their medications vately administered program made it only half that of the latter groups. At the or are unable to fill their prescriptions excessively complex. By relying on current rate, equal opportunity will not be at all. It has been reported that aver- over 40 private plans in each region, reached by Asian Americans in another 75 age Medicare Part D beneficiaries will each with a different benefit structure, years or three more generations. also begin falling into the doughnut many beneficiaries are confused about C. Asian Americans face these realities of hole this week. It almost sounds like the plan offerings and which plan may low odds and a three-generation waiting pe- ‘‘Alice in Wonderland,’’ where suddenly riod despite having the highest educational suit them best. Moreover, a recent attainment, according to data from US Cen- you are swept into a new world as you General Accounting Office report finds sus 2000 (see Chart 2). Educational attain- go through the hole. A world that re- an alarming number of private Part D ments have come to all from deep sacrifices quires seniors to come up with their plans are providing inaccurate or in- of parents and sheer diligence by their chil- the resources to pay for these pre- complete information to Medicare dren. miums as well as their prescription beneficiaries about the coverage and Mr. CARPER. I thank the Chair. drugs. benefits provided under the various I yield the floor and I suggest the ab- I am hearing from many seniors in plans. sence of a quorum. my State facing problems with Medi- No doubt, there are some people who The PRESIDING OFFICER. The care Part D. I know I am not alone. I have benefited from this new program, clerk will call the roll. think every Member of this Senate, but for too many Part D enrollees with The assistant legislative clerk pro- when they go home and talk to seniors, complex medical conditions, the ben- ceeded to call the roll. is hearing it. We will hear it with more efit has largely been a source of great Mr. REED. I ask unanimous consent frequency as their expenses increase confusion and concern. We could have that the order for the quorum call be and their experience with the doughnut done it differently. We could have done rescinded. hole increases. it more simply. We could have done it The PRESIDING OFFICER (Mr. In one case, an individual sent a let- more efficiently. CHAMBLISS). Without objection, it is so ter to the Rhode Island attorney gen- Many of the problems we are seeing ordered. eral and copied me on it because they today could have been averted if the

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00018 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9877 Administration had not made the pro- The fundamental premise behind the recent New York Times article re- gram needlessly complicated and if Medicare Part D benefit—that vigorous vealed that the shift of dual-eligible they had done a better job of preparing competition among private insurers beneficiaries from Medicaid drug cov- the public. Despite all of the serious would lead to lower drug prices—sim- erage over to the Part D Program has shortcomings of Medicare Part D, the ply has not proven to be true. been a financial boon to drug manufac- program has taken effect. It is now in- ‘‘D’’ also stands for the do-nothing turers. cumbent upon us to work together to Republican Congress that during this Previously, under Medicaid—a sepa- turn things around and improve the year’s budget debate failed to pass a rate program which is a joint State- situation. Democratic amendment that would Federal program—seniors could qualify In an effort to provide some modest give the Secretary of Health and in certain cases for drug assistance. In short-term relief to seniors, I am work- Human Services the authority to nego- the States, the Medicaid programs ing with Senators DORGAN and BINGA- tiate the best deal for Medicare pre- were negotiating with the pharma- MAN on the Prescription Fairness Act. scription drugs. ceutical companies for prices. But with This bill has a simple premise: bene- Instead of harnessing the purchasing the passage of Part D, these dual-eligi- ficiaries should not have to continue power of over 40 million Medicare bene- bles were automatically enrolled into paying monthly premiums when they ficiaries, the Administration plan the Medicare Part D Program. And have no drug coverage. The bill waives called on private insurance plans to ad- what happened to drug prices? They the Medicare Part D premium for any minister the program and to negotiate zoomed out of sight. That, to me, is month that a senior falls into the directly with the pharmaceutical com- evidence that we can do much better, doughnut hole. During this time, the panies on drug prices. not only to protect seniors but to pro- Secretary of Health and Human Serv- Here I think is the structural flaw in tect taxpayers. ices would be responsible for offsetting this overall program. In order to pull Now, I believe the pharmaceutical these monthly premium costs. It seems together the bargaining power of the companies deserve a fair return on only fair to me. We are making seniors largest number of seniors, the Govern- their investment. They have invested pay premiums, yet they do not qualify ment should be able to negotiate prices in drug research and development. But for the benefit. If they don’t qualify for with pharmaceutical companies. The allowing them to dictate prices for mil- the benefit, let’s absolve them of the pharmaceutical companies have mar- lions of elderly and disabled Medicare premiums until they do, once again, ket power. Many of their drugs are pat- beneficiaries is a bad deal for the Fed- qualify for the coverage. ented and cannot be produced by any- eral Government and a bad deal for the There is another aspect of the dough- one else. They can drive the price up. American public. nut hole that needs to be addressed. The only way in a market you These are just some of problems with That is the fact that expenditures by counter that type of monopolistic pric- Medicare Part D that must be ad- other drug subsidiary programs do not ing power is by banding together as dressed. count against beneficiaries’ true out- consumers so you have one entity ne- And while Part D is receiving most of of-pocket costs—this is an acronym, gotiating for the consumers against the attention lately, seniors also face a TrOOP: true out-of-pocket costs—dur- one entity who controls the product. 5.6-percent increase in Part B pre- ing this lapse in Part D coverage. You will get a better price. miums for doctor visits and outpatient Medicare beneficiaries on fixed in- That is what we do in the VA system. services in 2007, which will absorb a comes should not be penalized for seek- The VA system has the legal authority disproportionate amount of their So- ing assistance from other programs to negotiate prices with drug compa- cial Security cost-of-living adjust- that provide prescription drugs or drug nies. They have thousands and thou- ments—their COLAs. In fact, Part B assistance. sands of clients in their hospitals and premiums have almost doubled since Here is the problem: You go into the in their outpatient settings, and they President Bush took office, so seniors doughnut hole. You are desperate for simply go and say: If you would like to your prescriptions. The expenditures living on fixed incomes will now pay sell us this significant volume of drugs, have to come out of your pocket to almost $1,200 just for these premiums give us your best price. That is the way qualify again. You cannot go to a State alone. I believe we can get drug prices if not This is another example of the grow- agency, perhaps, that has a program ing squeeze, economically, on middle- because that spending will not be down, at least lower the escalation in counted. I think that is another prob- costs. If we do not rein in price growth, income Americans. When you look at lem we have to address. the estimate of $700 billion over 10 working Americans, young Americans The Helping Fill the Prescription years, I believe in a year or two, could with families, you have seen tuition Gap Act—another proposal which I be even higher. costs go up extraordinarily so. You have cosponsored—would allow costs Families USA conducted a survey have seen health care costs go up, and incurred by federally qualified health that compared the lowest Part D prices many of these families do not have the centers and patient assistance pro- with those the Veterans’ Administra- benefits of the Medicare Program at grams to count toward a beneficiary’s tion negotiated for the five most com- all. Their costs are going up signifi- annual out-of-pocket threshold. If they monly prescribed drugs to seniors, and cantly. And gasoline prices are high. can get the help, qualify for the help, it the variation in price is staggering. But incomes are not keeping up. should be counted, as they try to extri- The VA can negotiate on behalf of our In fact, in real terms, inflation-ad- cate themselves from the doughnut Nation’s veterans while Medicare is justed terms, from 2000 to 2005, the me- hole. barred from doing so—legally barred. It dian income of American families has While these two bills are designed to is part of this legislation: a rather fallen by $1,300. So you have falling in- help ease the burden of Medicare bene- large benefit to the pharmaceutical in- come and increasing prices. It is this ficiaries in the doughnut hole, serious dustry, to the detriment of taxpayers vice that is squeezing middle-income structural problems of the program and seniors. Americans. must also be addressed. We can save money, and we can pass And then, when you go to seniors, ‘‘D’’ also stands for—besides ‘‘dough- these savings on to seniors, we hope, they are looking at some relief in nut hole,’’ ‘‘dire circumstances’’—for but we cannot tie our hands. We have Medicare Part D, but they are falling the dubious claims the Administration to be able to, as a large entity, as in the doughnut hole and finding that has made about the plan’s costs and Medicare, negotiate these prices. relief is elusive. They are also finding the savings they would deliver for con- I want to work with the President their Part B premiums going up. They sumers. and my colleagues in the Congress to are being squeezed hard also. The Administration’s original cost strengthen Medicare for the long term. Now, through all of this, the Admin- estimates for the program were woe- But the Administration has failed so istration has proposed no substantive fully inaccurate, and the benefit is now far in their approach to Medicare re- changes to the Medicare Program to expected to top $700 billion in the first form. help these beneficiaries. We have to decade—$300 billion more than was Under the current Part D Program, take action. I hope in this Congress— originally advertised. drug companies hold all the cards. A although the days are dwindling down

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00019 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9878 CONGRESSIONAL RECORD — SENATE September 21, 2006 to a precious few—but certainly in the lands at a discount, thereby reducing Under Federal law, oil companies are next Congress we have to start looking the amount of royalty it paid to the supposed to pay the Federal Govern- seriously at reforming Medicare Part U.S. Treasury. According to the news ment royalties when they extract oil or D, at making it more affordable for accounts, the superiors in that in- gas from Federal lands or offshore seniors and more affordable for tax- stance told the auditor not to pursue a drilling. During the 1990s, to encourage payers. collection of the oil company’s under- drilling when oil prices were low, Con- Let’s make the ‘‘D’’ stand for what it payments. So the auditor felt that, to gress provided relief to suspend royalty should stand for: doing right by our get any justice for the taxpayers, he payments when prices were below cer- seniors. had to go out and file a false claims tain threshold levels. It was, however, Mr. President, I yield the floor and lawsuit against the company respon- the intent of Congress that royalties suggest the absence of a quorum. sible. Apparently, after he did that, he would resume when the prices got back The PRESIDING OFFICER (Mr. VIT- was subjected to retaliation by Interior above those thresholds. But the leases TER). The clerk will call the roll. Department officials, and then he was that were signed during 1998 and 1999 The assistant legislative clerk pro- eventually terminated. failed to include the price threshold. As ceeded to call the roll. Several additional false claims law- a result, a number of oil companies Mr. WYDEN. Mr. President, I ask suits have recently been unsealed as have been allowed to extract oil with- unanimous consent that the order for well where, here again, auditors appar- out paying the royalties that are owed ently uncovered underpayments but the quorum call be rescinded. under these leases, even when the oil were not allowed to pursue collection The PRESIDING OFFICER. Without prices went to record levels, as we saw of the full amounts owed to the Gov- objection, it is so ordered. this past summer. OIL COMPANY ROYALTY PAYMENTS ernment. In each of these cases, the The Government Accountability Of- Federal Government declined to join Mr. WYDEN. Mr. President, all of us fice has estimated that the failure to the suit to recover on behalf of the tax- in the Senate know that each of the ex- include price thresholds in just those payers the money that oil companies ecutive branch agencies have an in- leases—just the ones I mentioned— allegedly were underpaying for their spector general. Last week, the inspec- could cost the Federal Treasury and tor general at the Department of Inte- oil and gas leases. If this were just one isolated case, the taxpayers $10 billion. What is rior made an extraordinary statement more—and I think this will be truly about the lack of ethics, in his view, at you could say that maybe this was a person who just had a bad experience eye-opening for the Senate and for the the Department of Interior. I have and they are angry at this point. But country—is that given the fact there is come to the Chamber this afternoon to when you have a number of cases—a litigation pending surrounding this discuss that and to bring to the Sen- number of cases brought by non- program, the loss to the taxpayers ate’s attention some new developments political professional people, people could perhaps soar to as much as $80 on this issue. who are putting themselves at risk by billion, according to an estimate by an What the Interior Department’s in- bringing this out—that issue becomes industry source. spector general, Mr. Earl Devaney, said too important for the Government to That is why I took the time a few last week is essentially that the De- ignore. months ago to stand on the floor of the partment has lost its ethical compass, I am bringing it to the attention of Senate for well over 4 hours to make and specifically the inspector general the Senate this afternoon because it the case of reforming the oil royalty stated: goes to the heart of something I have program, and that is why I have come Simply stated, short of a crime, anything been talking about for many months. to the Chamber today to bring to the goes at the highest levels of the Department In fact, months ago, I spent over 4 attention of the Senate the concerns of Interior. hours right in this spot trying to blow that are coming from the professional Mr. Devaney pointed to a number of the whistle on the fact that it was time auditors. instances where he thought the Depart- to stop stonewalling on this issue of When we debated it, or when I had a ment was essentially defending the in- collecting billions and billions of dol- chance to raise the concern before the defensible and was particularly trou- lars in royalty payments that are owed Senate on that occasion and others, I bled by the way the Department’s roy- by oil companies that are extracting heard some saying that the Interior alty efforts—the efforts to collect that oil from land owned by the people Department is going to go out and get money owed to the Federal Govern- of this country. these funds, they are going to make ment—were going forward. In this case, the Interior Depart- sure the taxpayers don’t get ripped off. This morning, there are new develop- ment’s inspector general has identified We have heard that argument advanced ments on this issue which are particu- underpayments of just a tiny fraction time and time again. It essentially has larly relevant to the Senate’s work for of what is owed, but it seems to me been stated that the Interior Depart- the rest of the session. This morning, this highlights how serious a problem ment has begun the efforts to renego- there was a news account documenting this is. It also undermines the argu- tiate those leases that are costing the how for some time the nonpolitical ment of the administration and some $10 billion I mentioned and that Con- auditors in the Interior Department supporters of the oil industry that this gress can only get in the way by trying have been raising concerns about un- money is going to be collected if the to take legislative action. derpayment of millions of dollars of Congress just stays out of it and the Well, these news reports that have royalties for oil and gas leases. What executive branch goes after it on its come out this morning make it very the article says is these auditors, who own. That is one of the reasons that ap- clear that Interior officials are not are nonpolitical, professional people, parently we can’t get a vote on an ef- willing to address the problems with were overruled by their superiors when fort to collect these royalties here in the royalty program on their own. they wanted to go out and aggressively the Senate, because some have said the When given the chance to pursue the protect the taxpayers of this country. executive branch is on this case, they issues raised by nonpolitical auditors Some of these auditors, according to are going to go after it, and they are working for the Department, according these news reports this morning, were going to bring in these dollars. Well, to this morning’s report and these law- so outraged by the Interior Depart- today, on the front page of one of the suits, those high up in the Department ment’s failure to collect the full country’s newspapers, we are seeing blocked the auditors’ efforts to collect amount of royalties that were owed the that not only is the administration not the full amount owed to the U.S. people that they have filed False going after these royalty payments, Treasury and to taxpayers. Claims Act lawsuits against the oil but when independent, professional The Interior Department’s negotia- companies for defrauding the Govern- auditors go out and try to collect the tions with the oil companies on the ment. money, not only is there no effort to 1998 and 1999 leases didn’t even start For example, one senior auditor iden- support them, but they end up getting until after Congress included language tified an oil company scheme to reduce rolled when they try to bring these in the Interior appropriations bills to its royalty payments by apparently cases and collect money that is owed to prevent companies from getting new selling oil it extracted from Federal the taxpayers of this country. leases unless they renegotiated their

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00020 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9879 old leases to include price thresholds. in tax breaks that they themselves this morning’s report. The combination And the mediation process that is now have testified before the Senate they of what the inspector general has said underway between the companies and do not need. and what these independent auditors the Interior Department is nonbinding, I believe, on the basis of the news re- have said this morning, in my view, is so the companies can walk away at any ports that we saw this morning and the too important to ignore. The Senate point. In my view, that is why Congress fact that the inspector general of the ought to step in and make sure the tax- ought to step in now and require the Department of Interior has said that payers’ interests in this country are Interior Department to fix the royalty anything goes with respect to ethics at protected. program through legislation. the Interior Department, that this Sen- I yield the floor. I suggest the ab- The companies are doing everything ate ought to step in and protect the sence of a quorum. they can to keep this issue from com- taxpayers of this country. This Senate The PRESIDING OFFICER. The ing to a vote on the floor. That is what ought to address this problem, which clerk will call the roll. happened when I stood in this spot for the inspector general has called ‘‘inde- The legislative clerk proceeded to more than 4 hours a few months ago. fensible’’ and has, in effect, said the call the roll. The oil companies knew on that occa- Department is still trying to defend it. Mr. OBAMA. Mr. President, I ask sion that if there was a vote here in the My view is that if the Senate ducks unanimous consent that the order for Senate to reform this program which is this issue, it will be very difficult to the quorum call be rescinded. so out of hand—because even our es- explain to the American people how The PRESIDING OFFICER (Mr. teemed former colleague who is from Congress can propose to allow addi- ALEXANDER). Without objection, it is so the State of Louisiana, former Senator tional billions of dollars of royalty ordered. Bennett Johnston, said the program is money to be given away before it puts Mr. OBAMA. Mr. President, I rise to out of hand. If we had a vote that day, a stop to what already has gone out the speak about the Secure Fence Act. The the vote would have been over- door. bill before us will certainly do some whelming to fix the royalty program. The distinguished Senator from Lou- good. It will authorize some badly But we could not get that vote because isiana and my colleague who is my needed funding for better fences and there were some in the Senate who seatmate, the distinguished Senator better security along our borders, and knew that the taxpayers would win, from Louisiana, Ms. LANDRIEU, has that should help stem some of the tide and they didn’t want to have the vote. sure made a good case to me about the of illegal immigration in this country. Now the session is about to end. The suffering that folks in New Orleans and But if we think that putting up a few subsidies are going to continue. Based in her State have endured. But what more miles of fence is by any means on this morning’s report, auditors who has been troubling to me is how do you the whole answer to our immigration are professional are being overruled by make a case for starting a new royalty problems, then I believe we are seri- their superiors when they want to get program, a new offshore oil royalty ously kidding ourselves. those dollars owed to the taxpayers. program, when you are wasting money This bill, from my perspective, is an In my view, time is not on the side of on the last one that got out the door? election-year, political solution to a those of us who want to put a stop to So I will continue to try to make the real policy challenge that goes far be- these senseless subsidies. The oil com- case, force the Senate to reform this yond November. It is great for sound panies and their supporters know that oil royalty program, and I am going to bites and ad campaigns, but as an an- the time left in this session is limited, continue to press this every time I swer to the problem of illegal immigra- so if they can keep the Senate from think there is a new development in tion, it is unfinished at best. voting on these royalties, the legisla- this case. Yes, we need tougher border security tion that the House adopted after my I urge my colleagues to read the im- and stronger enforcement measures. discussion in the Senate will almost portant article by Mr. ANDREWS in the Yes, we need more resources for Cus- certainly disappear when the Interior paper today describing the efforts of toms and Border agents and more de- bill gets rolled into some kind of an these auditors to try to make sure tax- tention beds. Democrats and Repub- end-of-the-session comprehensive bill payers do not get stiffed. licans in both the House and the Sen- called, around here, omnibus legisla- It is one thing if one person comes ate agree on these points. But immi- tion. forward. It is another when you have a grants sneaking in through unguarded The negotiations now underway with whole pattern of these cases, by people holes in our border are only part of the oil companies, that have the most gen- who are nonpolitical, who are profes- problem. erous deals of all, in my view, are going sional people. We have had a bipartisan As a host of former Bush immigra- to get dragged out and delayed and effort in the Senate to change this. I tion officials and Members of Congress postponed until the last legislative ve- have been particularly appreciative said in today’s Washington Post, we hicle leaves town. Then the oil compa- that Senator KYL, Senator DEWINE, must ‘‘acknowledge that as much as nies can walk away from the table, re- and Senator FEINSTEIN have joined me half of the illegal-immigration problem turn to claiming those needless sub- in past efforts. But we have not been is driven by the hiring of people who sidies, and I assume fewer auditors will able to offer that amendment and actu- enter the United States through offi- step forward in the future because they ally get a vote on a bipartisan proposal cial border points but use fraudulent will see that there has not been a Con- that would finally clean up this pro- documents or overstay visas.’’ gress backing them up. gram and protect the taxpayers of this This serves as a reminder that for the We have seen the ‘‘run out the clock country. last 15 years, our immigration strategy scenario’’ play out before. It happened, As a result, some of the most profit- has consisted of throwing more money for example, on the issue of needless able companies in the country are con- at the border. We have tripled the size tax breaks to the oil companies. I was tinuing to get billions and billions of of the Border Patrol and we strength- able to get legislation through the Sen- dollars of royalty relief and giveaways ened fences. But even as investments in ate Finance Committee to begin the ef- that are paid for by the taxpayers of border security grew, the size of the fort to roll back some of the tax breaks this country. undocumented population grew as well. that the oil companies were getting. It was one thing to start that pro- So we need to approach the immigra- These were oil companies getting gram back in the days when oil was tion challenge from a different perspec- breaks that even they said they didn’t $19. It is quite different when you have tive. need when I asked them questions royalty relief, taking hard-earned dol- This is why for months Democrats when they came before the Senate Fi- lars out of the pockets of our citizens and Republicans have been working to- nance Committee. But by the time we when that relief clearly is not nec- gether to pass a comprehensive immi- were done on the tax side, the oil com- essary. I urge colleagues in the Senate, gration bill out of this Congress be- panies had been able to water down on both sides of the aisle, to join me in cause we know that in addition to much of what I had originally gotten these efforts to clean up this program, greater border security, we also need out of committee, and they are still stop the outrageous giveaway of tax- greater sanctions on employers who il- getting billions and billions of dollars payer money, and take a good look at legally hire people in this country. We

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00021 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9880 CONGRESSIONAL RECORD — SENATE September 21, 2006 need to make it easier for those em- Mr. BROWNBACK. Mr. President, I In 2006, we are at 11 million to 12 mil- ployers to identify who is legally eligi- rise to speak on the pending legisla- lion. So we have tried this on a piece- ble to work and who is not. And we tion, the Secure Fence Act of 2006. I meal basis before, and it just has not need to figure out how we plan to deal want to address this issue. I have worked. Whether you come from either with the 12 million undocumented im- worked on the immigration issue all side of the argument, it has not worked migrants who are already here, many this year. It has been a very difficult on a piecemeal basis. What I am hope- of whom have woven themselves into issue. It has been a very difficult dis- ful we can do in passing this legisla- the fabric of our communities, many of cussion. It has been one that has in- tion—in the secure fence area; and I do whom have children who are U.S. citi- volved a great deal of the time of this support this legislation—is that we can zens, many of whom employers depend body. deal with the precursors that a number on. Until we do, no one should be able I serve on the Senate Judiciary Com- of people have identified, saying, first, to look a voter in the face and honestly mittee. We worked a long time to try we really need to secure the border and tell them that we have solved our im- to come up with some form of com- show the country we are serious about migration problem. prehensive legislation that we put for- securing the border. Then let’s move A model for compromise on this issue ward. It was far from perfect, even as it forward with the comprehensive legis- is in the Senate bill that was passed was passed. Before it passed, people lation. out of this Chamber. In the new elec- were questioning this provision and What this, I hope, will be is the first tronic employment verification system that provision. You look back on it and step in dealing, in a comprehensive, section of that bill that I helped write say: Well, I think that is a good ques- long-term fashion, with our failed im- tion, and I think that is a good point, with Senator GRASSLEY and Senator migration system and huge immigra- and it is something we need to deal KENNEDY, we agreed to postpone the tion problem. We need to do this, and new guest worker program until 2 with in conference to be able to address we need to do this first. those concerns and topics. years of funding is made available for I was hopeful we could do this in one I think we could have come out with improved workplace enforcement. We whole package and move it on forward a good conference bill, but the vola- and see the practicality of that whole could extend that framework and work tility of the subject, the lateness in the package, that the first thing you would together to first ensure the money is in session, the closeness to the elections do is to secure the border—and the place to strengthen enforcement at the really has just not made it possible for President has already dispatched Na- border and then allow the new guest us to move forward on comprehensive tional Guard troops to the border. The worker program to kick in. We can do immigration reform, as the President border enforcement efforts have al- all of that in one bill, but we are not. has requested, as most people in the So while this bill will probably pass, country look at it and believe in some ready stepped up and they are showing it should be seen only as one step in form we need to deal with immigration fruit from their efforts. We are step- the much greater challenge of reform- in a broad fashion. ping up and doing this now. ing our immigration system. Meeting Yet almost everybody I have talked I was hopeful we could do this as a that challenge will require passing with on the immigration issue—a num- comprehensive piece of legislation, rec- measures to discourage people from ber of whom are passionately involved ognizing the practicality that, first, overstaying their visas in the country in the topic—virtually everybody who the border would be secure because and to help employers check the legal looks at it will say: OK, let’s first get that is the thing you could do first, and status of the workers applying for jobs. the border secure. First, let’s stop the then you could deal with a future flow It seems it was just yesterday that flow of illegal immigration into the guest worker program that would take we were having celebratory press con- United States, and then let’s talk you several years to implement. And ferences and the President and the Sen- about comprehensive reform or you get you could deal with those who are here ate leadership were promising to pass a a number of people saying: I don’t and in an undocumented status? That bill that would secure our borders and think you are serious at the Govern- would take some period of time to deal take a tough but realistic approach to ment level of dealing with securing the with as well. the undocumented immigrants who are border. When you show me that, then We are not going to be able to, this already here. let’s move forward with comprehensive legislative session, get that broad piece Today that promise looks empty and reform because I do recognize we have of legislation through. Yet I think this that cooperation seems like a thing of 11 to 12 million people here in an un- shows to people in the country deeply the past. But we owe it to the Amer- documented status. We do have a need concerned about our border—as I am, ican people to finish the job we are for workers in a number of places as we all are in the Congress and in starting today. And we owe it to all across the United States, that there this country—is that we are serious those immigrants who have come to are legitimate concerns, and the best about dealing with this issue. And I this country with nothing more than a way for us to move forward is in some think there will still remain the polit- willingness to work and a hope for a fashion dealing with all the problems ical impetus to deal with this on a better life. Like so many of our own that are associated with this issue. broad-scale basis, but first we step up parents and grandparents, they have We have a history in the United and do first things first and we secure shown the courage to leave their homes States, in the last 20 years, of dealing the border and we show to the country and seek out a new destiny of their with this problem on a piecemeal basis. we are, indeed, serious about securing own making. The least we can do is In 1986, there was an amnesty bill, but the border, and we are doing every- show the courage to help them make it did not deal with border enforcement thing we can to secure the border. that destiny a reality in a way that is at that point in time. That did not It will not permanently seal the bor- safe, legal, and achievable. So when we work. In 1996, we had an enforcement- der. This effort, the Secure Fence Act actually start debating this bill, I hope only bill, but it did not deal with the of 2006, will not achieve that. It is the majority leader will permit consid- future flow or did not deal with the going to be very difficult to completely eration of a wide range of amendments. people who were here in an undocu- secure the border, but this bill will Mr. President, I suggest the absence mented status at that point in time. take a strong step forward for us. of a quorum. We come, then, to 2006. I also say to my colleagues who be- The PRESIDING OFFICER (Mr. It is an interesting progression in the lieve we should just do enforcement or COLEMAN). The clerk will call the roll. numbers as well. In 1986, we had rough- we should do enforcement first, that we The bill clerk proceeded to call the ly 3 million here in an undocumented, then, in the future, need to take the roll. illegal status. In 1996, 10 years later, we next steps necessary to deal with this Mr. BROWNBACK. Mr. President, I had 7 million here in an illegal, un- in a comprehensive fashion. ask unanimous consent that the order documented status. We tried amnesty. I think it is going to be very impor- for the quorum call be rescinded. We tried enforcement in 1996, and we tant that, OK, yes, we do this, and we The PRESIDING OFFICER (Mr. had 7 million who were in an undocu- move this forward, but then we need to CHAFEE). Without objection, it is so or- mented, illegal status in the United move forward with the rest of it. What dered. States. do we do with those who are here in an

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00022 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9881 undocumented status? How do we do I remind the individuals who have they made their home in Thompson more on interior enforcement at work pushed this route forward that we are Township. Sean reported for boot camp sites? What do we do on a guest worker taking you at your word as well, saying just 1 month later. He was assigned to future flow program? So that we will first secure the border and then we go Company B, First Engineer Battalion, deal with this in a totality, so that as to comprehensive reform. We are going First Brigade Combat Team, First In- to those who are concerned we are just your path. This would be the path that fantry Division. Sean spent 8 years in going to do this and not deal with the you said is the way to go. We cannot the Army, including deployments to rest of the system, we can say: No, part just stop here and say: OK, we have Bosnia and Kuwait. of what we are talking about and doing done that, and now we are not going to Sean was a devoted family man who is securing the border first. We do that talk about the rest of the issues. We found it difficult to leave his wife we are going to hold true to what we need to see this on through to what Chris, his son Kenneth, and daughters said. Yes, we do that. And, then, let’s people had said was the right route to Khrista and Kennedy for his overseas talk about how we can move forward in go—first securing the border and then tours. He was very sorry to be away the comprehensive fashion because dealing with the rest of it. We are from them for that period of time. His that is the way—and the only way—I going that path, your path, forward. deployment to Iraq was particularly think you actually deal in some sort of I hope we can move this through and emotional. Kennedy was then just a long-term fashion with the very real then continue the discussion on how we few weeks old. At the time, Sean and problems we are facing and that really move forward with comprehensive im- his family were living in Fort Riley in a number of countries around the world migration reform. I believe it is crit- Kansas. Sean was offered a desk job at are facing—certainly the Europeans ical for us to do that for the future of the base, but he declined it in favor of are facing—in a major fashion. the Republic. going to a combat zone. It seems to me that one of the things Mr. President, I suggest the absence In the words of his mother Betty, that happened after the fall of the Ber- of a quorum. ‘‘Sean just hated being behind a desk.’’ lin Wall, in particular—some time be- The PRESIDING OFFICER. The In September 2003, Ken and Betty fore but certainly after—was people clerk will call the roll. drove to Fort Riley both to meet their started moving to opportunity. They The assistant legislative clerk pro- new granddaughter and to say good-bye started moving to where they felt they ceeded to call the roll. to their son before he left for Iraq. Be- could have a better life for themselves Mr. DEWINE. Mr. President, I ask cause Sean was busy making prepara- and their families. It is certainly an unanimous consent that the order for tions for deployment, they weren’t able impetus I recognize, and it is hard to the quorum call be rescinded. to see him very often. But for Sean, it fault people for that. You want it to be The PRESIDING OFFICER. Without was important that he made sure ev- conducted in a legal fashion and to see objection, it is so ordered. erything for which he was responsible that national sovereignty rules are HONORING OUR ARMED FORCES was in the right order. That is simply obeyed. ARMY STAFF SERGEANT SEAN LANDRUS the kind of man he was. Betty and Ken People in this country who talk Mr. DEWINE. Mr. President, I rise woke up very early and stayed up very about security first, when they talk today to remember a fellow Ohioan, a late to spend as much time with him as with me about that, they are not young man who lost his life in Oper- possible. Sean found it difficult to against immigration. They want it to ation Iraqi Freedom. Army SSG Sean leave his family again, and as he said be legal. They want the system to be a Landrus died on January 29, 2004, of in his own words, ‘‘It is my job.’’ legal system, and then we can work wounds he suffered when a roadside Sean’s deployment to Iraq would with it. But they don’t want an illegal bomb exploded next to his convoy in have been his last. Before going over- system that has devolved or, as we Iraq. He was 31 years old. seas, he told his family that it would have seen, broken down in this coun- Sean Landrus will be remembered for be the final time he went away. He just try. many things and in many ways. He was didn’t want to leave them anymore. I think this is an important first step an exceptional soldier who enjoyed and Unfortunately, Sean’s convoy was am- forward for us in dealing with this took pride in military life. More than bushed after a roadside bomb exploded problem in a comprehensive fashion. It that, he was a loving son, brother, hus- next to the truck he was in. Two days is not what a number of us had worked band, and father, a man who was com- later, he passed away from his injuries. for in getting a comprehensive bill. I pletely dedicated to his family. Mr. President and Members of the think it is the first step in us getting Sean was born in January of 1973 in Senate, that day our Nation lost a comprehensive legislation moving for- Painesville, OH, to loving parents Ken great soldier. The Landrus family lost ward and convincing the country that and Betty Landrus. The youngest of six a loving brother, son, husband, and fa- we are serious about securing the bor- children, Sean was very close to his en- ther. Perhaps most heartbreaking, ders so that we can do comprehensive tire family and remained so through- Sean was never able to hear his young- reform of an immigration system that out his life. Sean attended Ledgemont est daughter’s first words: ‘‘Da Da.’’ is so desperately needed. High School where he excelled in foot- As Ohioans have done so often in the Mr. President, I have worked a long ball, basketball, and track. A highly past, the members of Sean’s commu- time and for a number of years on competitive athlete, Sean hated to be nity rallied around the Landrus family human rights issues and dignity of the taken out of any game, even if he was to offer their support. During Sean’s individual, and I believe fundamentally injured. According to his mother final trip home to the Cleveland area, in my bones about this. I believe it is Betty: color guards from the area’s veterans important and it is a big statement, One of the managers said that he just posts lined the processional route. Oth- what a country does in taking care of didn’t play the same without Sean because ers wishing to pay their respects gath- the least of us, including the widows he was the spark plug. ered in freezing temperatures to wave and orphans. In those statements, it Sean carried that dedication and American flags, and nearly 400 people also says that the foreign are amongst competitive spirit with him through- crowded into St. Patrick Catholic you, citing those who are in a difficult out all that he did. After graduating in Church to celebrate Sean’s life. County situation. They are in a hard situation. 1991, Sean attended Kent State Univer- flags were flown at half-staff and a res- We need to help them and work with sity while working for C&K Industrial olution honoring Sean was passed at them in any way we can. We need to be Service, an industrial cleaning com- the Thompson Township trustee meet- able to craft a legal solution to do pany in Cleveland. Although she didn’t ing. His death was a loss felt by the en- that. I think it is important. It is also enjoy it at the time, Betty now fondly tire community. a statement of the nature of our soci- recalls how grubby her son would be SSG Sean Landrus was a great man. ety and our Nation that we do that. We when he got home from work. Despite I know he will live on in the hearts and need to reach out to those in the most the dirt, she loved her ‘‘iron teddy minds of all those who were privileged difficult circumstances in this country. bear.’’ to have known him. My wife Fran and This is a step forward, but it is not and On December 2, 1995, Sean married I continue to keep the Landrus family cannot be the final step. his high school sweetheart Chris, and in our thoughts and prayers.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00023 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9882 CONGRESSIONAL RECORD — SENATE September 21, 2006 MARINE CORPORAL BRAD SQUIRES heart attack and Brad kicked in his air con- I would like to end by including a Mr. President, I rise today to pay ditioner and saved the man’s life. He made message that Donna left for her son tribute to Marine Cpl Brad Squires, a no big deal out of it, just said that he knew one year after his death: fellow Ohioan from Middleburg what he had to do. And I know that Brad did what he knew he had to do in Iraq. I don’t Brad, not a day goes by that you’re not in Heights, who lost his life on June 9, think he would of had it any other way . . . our thoughts and prayers and how we wish 2005, as a result of an explosion that oc- He meant A LOT to a lot of people and left you could be here and how we wish we could curred during combat operations. He long lasting impressions on everyone that he see you again. When I think of you I think of was assigned to Marine Forces Re- met! your love for life and your beautiful smile. serve’s 3rd Battalion, 25th Marine Regi- You always had a mystical way of bright- Clearly Brad was a hero to many ening up someone’s darkest day. We experi- ment, 4th Marine Division, from throughout his life. And he did indeed enced life together, through good and bad Akron, OH. Brad was the son of Donna love his Marine Corps. According to his times. I know we will be together in eternity and Bruce Squires, husband of Julie, wife, Julie, ‘‘Brad loved his Marine and you are in a better place but we all miss brother of Chad and Jodie, and uncle of Corps and would jump at a chance to you deeply. I pray to God that He will com- Chad, Cassidy, and Alexis. He was only tell everyone about it.’’ Nate Ickes of fort us and give us all strength. Until we’re 26 years old at the time of his death. Akron also commented on Brad’s mili- together again, have a great time in heaven. Brad graduated from Berea High tary service. He said: ... School in 1997, where he played on the My thoughts and prayers go out to every- The overriding theme of Brad football team. He was studying to be a one that knew and loved Corporal Brad Squires’ legacy is the number of lives firefighter and was taking classes at Squires. I am so proud to have served with he touched while he was on this earth. Lorain Community College. He was him and he will be missed very much. Brad So many people have remarked how also an aspiring supermodified driver had a way to make everyone laugh, even if Brad had positively impacted them. there was nothing to laugh about. He was a With his death, we have lost a great who entered his first race in 2004 with fine Marine that any one of us from Weapons the Midwest Supermodified Associa- Company would have been honored to work man. Brad loved his family, loved his tion. Brad joined the Marines in 1999, with. Brad was a man who would never let country, and loved his commitment to and in February 2005 he was sent to the you down, nor would he stop until the job the Marine Corps. He will never be for- Al Anbar province in Iraq, where he was done! Corporal Brad Squires will be for- gotten. My wife Fran and I continue to served 4 months with his battalion be- ever missed but never forgotten. Brad will keep the family and friends of Cpl Brad fore his death. always be a brother, friend and Marine of Squires in our thoughts and prayers. Brad Squires was loved by everyone Weapons Company 3/25. . . . Mrs. CLINTON. Mr. President, as I who knew him. Again and again, I have Brad deeply loved his family, and was have often reminded my colleagues, read about what a good friend he was. deeply loved by them. He married his New York State is an agricultural He was always looking for ways to wife Julie in November 2004. They had State. We are home to 36,000 farms, and make his friends and family smile, and to move up the wedding date when our farmers are world-class producers was constantly seeking new adven- Brad learned that he would be deployed of dairy products, apples, grapes, tures. Brad’s aunt, Donna Dirk, de- in January. Sadly, their family and honey, maple syrup, great wines, and scribed him as ‘‘fun-loving, very fam- friends would return to the same other fruits and vegetables. New York ily-oriented, and really a nice kid.’’ church 7 months later for Brad’s fu- is truly a land of milk and honey—and Katie Gorton remembers Brad’s won- neral. Brad was looking forward to so much more. Agriculture contributes derful personality. She made the fol- starting a life with his new bride and almost $4 billion to New York’s econ- lowing comments after attending his spending time with the rest of his fam- omy. More than 1.2 million people work wake: ily. on farms or in farm-related jobs. Brad’s sister Jodie wrote these words But farmers in New York who are Brad certainly is a ‘‘hometown hero,’’ but to Brad: more importantly, an American Hero . . . all contributing so much to our economy of us there that night looked at pictures and My brother, my friend, my hero that will and way of life—in a plight shared by remembered his mischievous grin, his con- never be forgotten. I love and miss you so the agricultural industry across the tagious laugh, and his charismatic person- much, Brad—26 years of great memories is what I hold close to my heart. On behalf of country—face an incredible challenge ality. We were able to remember Brad the the family, I would like to thank everyone to maintain a workforce that does the friend, Brad the cousin, Brad the funny guy for their support. difficult job of harvesting crops and from math class, Brad the guy the underclass girls had a crush on, Brad the son, Brad’s brother Chad echoed these bringing our State’s bounty to the etc. . . . and for some of us, it was the first sentiments, saying: marketplace. chance we had to meet and remember an- My brother Brad is a hero, he died for what That is why I continue to fight for a other side of him . . . Brad the Marine. I’d every American enjoys in life—their free- solution. And as we consider the Craig like to think that he knows how many lives dom. and Feinstein amendments, I hope we he’s touched now, and is able to be with us Brad will also be deeply missed by can keep these farmers—many of whom all now through miracles. the numerous community members I have met and worked closely with Brad had a strong sense of duty to who knew and loved him. Numerous these past 6 years—in our focus and put family and friends from childhood, al- mourners attended his memorial serv- the politics and partisanship aside. ways wanting to help protect others ice at St. Mary’s Catholic Church, There are those in this Chamber who from harm. As a young boy, he knew where he and Julie had been married 7 have strong disagreements over how to the difference between right and months earlier. More than 120 motor- pursue comprehensive immigration re- wrong. Middleburg Heights’ mayor re- cycles and 200 cars participated in the form. But I hope that these proposals calls what must have been a very spe- procession to the cemetery, while hun- to stand by our family farmers and ag- cial day for the young Brad. ‘‘I prob- dreds of people with flags watched ricultural industry, both struggling to ably handed Brad Squires his safety them pass. Tim Ali, a family friend, find labor, are not held hostage to the town certificate when he was five,’’ he aptly expressed a fitting sentiment: larger debate. said. And Jessica Sutherland of Lake- ‘‘We have him home.’’ Our farmers have long desired a wood remembered a time when Brad In honor of their brother, Brad’s sib- legal, stable workforce and have been rescued her from the bullying of a big- lings Chad and Jodie have started a calling for reform. But now they face ger boy. According to Jessica, for years memorial fund to carry on his legacy. the prospect of crops dying in the field afterwards Brad would blush when she Donations to the Corporal Brad Squires or on the vine—or worse, their farms thanked him for the day. She writes: Memorial Fund will help build and pre- going out of business because of a For that small good deed, he’s always been serve a memorial on Old Oak Boulevard shortage of workers. We have had the a hero to me, so I’m not surprised he died a in Middleburg Heights, dedicated to all best apple crop in years in New York, hero . . . God bless Brad Squires. the men and women in Ohio who have but the lack of labor has left apples Kelli Kusky echoed these remarks given their lives to protecting our free- unpicked on the trees. We are in the about Brad’s selfless nature. She said: dom. You can learn more about this midst of the harvest season in New . . . He was always helping people; I re- memorial by accessing the Web site at York State, and the 36,000 farm fami- member the time that his neighbor had a www.bradsquires.net. lies face the real risk—this year—of

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00024 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9883 losing their livelihoods if we cannot en- tions, including major business trade across specific sections of our southern sure a legal, stable workforce for them. associations, Latino community lead- border. The cost of these fences is con- In fact, according to the Farm Bureau, ers, civil rights organizations, and reli- servatively estimated at $2.2 billion New York’s agricultural industry gious groups. but could easily double. And for this stands to lose $289 million with fruit Moreover, AgJOBS will promote our price America will be no more secure, and vegetable growers estimated to security by helping our Government its borders no more protected, and ille- lose more than $100 million without identify persons inside the United gal immigration still out of control. solving this problem. States who are here without authoriza- As the ranking Democrat on the Farmers have shared with me their tion. By encouraging farm workers to Homeland Security and Governmental stories. Many feel abandoned to elec- come out of the shadows, we can stand Affairs Committee, I am more focused tion-year politics, partisan wrangling, by family farms while refocusing our on protecting Americans from harm and a Government that does not recog- limited resources on real threats to our than I am on any other issue. Effective nize their hardship. Our farmers’ crops security. border security is a vital national pri- are dying in the fields. We cannot allow I applaud the leadership of Senators ority—not just to stop the flow of ille- a real solution to die on the vine. CRAIG, KENNEDY, FEINSTEIN, and BOXER gal immigration into this country, but In recent meetings with scores of on this issue. I support the Craig and also to keep terrorists and criminals New York farmers from across the Feinstein amendments to this bill be- from entering the U.S. through our air- State, it was stressed to me that the cause we share a belief that we can ports and seaports, and across our land current worker program in place—the tackle this crisis. borders. We will continue to push for H–2A legal guest worker program is an- We are in this Chamber debating better border security, but this is not tiquated, unworkable, and woefully in- amendments that will serve our farm the way to do it. adequate. Couple this with the recent economy and serve to make our immi- The money spent on this bill could be increases in enforcement by the Social gration system fairer and more work- used in much more effective ways to Security Administration and the Bu- able. What I hope is that we can put bolster our borders and strengthen our reau of Immigration and Customs En- politics aside and have a vote, up or security. In fact, Congress has already forcement, and the result has been down, yes or no. We owe it to our farm- significantly expanded funding for bor- major disruptions to our farms. ers, workers, and consumers to pass a der security—for Border Patrol offi- I join with many of my colleagues in bill that will help save our farms and cers, detention beds, and new equip- this Chamber who believe that work- agricultural industry. ment and technology. place enforcement is imperative. But Mr. LIEBERMAN. Mr. President, This year the Senate already pro- as we all know, our current laws are with so many important questions fac- vided the Department with funds to broken, and enforcement has been in- ing this Senate, and so little time left build sections of fence where it makes adequate and haphazard at best. We before we adjourn before the fall elec- a difference—in heavily populated know this because we have been debat- tions, I am dismayed that we are con- areas. But an additional few hundred ing reforms for months, some of us for sidering this so-called Secure Fence miles of fence along small portions of years. These increases in enforcement Act. our vast desert border will do virtually have left our farmers reeling. Day to I say this as a supporter of the bipar- nothing to stop illegal immigration. day, they do not know whether their tisan comprehensive immigration re- Building a few more sections of fence labor force will show up for work, form we passed in May. and saying we have solved the problem whether their workers have been appre- I say this as one of many who fol- of illegal immigration doesn’t make hended by Immigration and Custom lowed the leadership of Senators FRIST sense. Enforcement or whether they have and REID, SPECTER and LEAHY, MCCAIN The President said it himself in a simply fled the area out of fear of ap- and KENNEDY, when 62 Senators voted speech days before the Senate passed prehension. Whatever the cause, the re- for true reform legislation. its immigration bill in May. sult is our farms are being paralyzed. And now look where we are. After a He said: It is worth noting that the farmers I great success, the Senate is now con- An immigration reform bill needs to be have spoken with are trying in good sidering abandoning that truly com- comprehensive, because all elements ofthis faith to obey the law. They get labor prehensive and bipartisan solution to a problem must be addressed together, or none referrals from the New York State De- festering national problem and replac- of them will be solved at all. partment of Labor. They inspect work ing it with an incomplete, ineffective That is what the Senate did. And we documents to ensure that they have a response to our broken immigration are on the verge of losing this historic legal workforce. Our farmers are on the system. opportunity to address this border losing end of a broken system, and it is How did we come to such a low point challenge the American people expect up to us to fix it. this fall, after such promise this us to fix. For several years, a broad, bipartisan spring? I will tell you how. The oppo- Let’s remind ourselves of what is coalition of Senators has advocated for nents of reform obstructed and de- contained in the Senate’s immigration passage of the Agricultural Job Oppor- layed. They refused to enter into a con- bill—and let’s be proud of our work. tunities, Benefits, and Security Act, ference—even to discuss the possibility The Senate legislation authorized ex- AgJOBS, and other legislative reforms of reconciling House and Senate legis- tensive enhancements of border secu- that would provide our farmers with lation. rity and immigration enforcement— the long overdue relief they need to Instead we watched the opponents of many more Border Patrol officers, im- maintain a workforce. reform roll out a farcical road show of migration agents, detention beds, new The AgJOBS bill would not only ex- hearings designed to distort the facts, technologies, and new legal authori- pand the current H–2A program, it confuse the issues and roil the waters ties. would also modernize and streamline to create a national anxiety that need The Senate bill cracks down on un- its procedures, making it easier for our not exist. scrupulous employers who would hire farmers to use. AgJOBS would also With that out of the way, these same and exploit undocumented workers, by provide agricultural employers with a obstructionists have now reintroduced creating verification systems that stable labor supply by giving many un- large portions of the punitive and inef- would leave those employers no excuse documented agricultural workers the fective House legislation the Senate al- for hiring the undocumented and pun- chance to earn the right to become ready rejected earlier this year. With- ish them if they do. legal immigrants. out deliberation or debate they are at- But what made the Senate bill so for- The AgJOBS compromise was tempting to add their measures onto ward looking was our bipartisan deci- reached after years of negotiations, appropriations legislation already in sion that an enforcement-only bill and it represents a unique agreement conference—contradicting the views of would not solve the problem of illegal between farmworker labor unions and a majority of Senators. immigration. agricultural employers. It has the sup- One of those measures sent from the To control future immigration, we port of a broad coalition of organiza- House is this legislation to build fences also created a guest worker program

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00025 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9884 CONGRESSIONAL RECORD — SENATE September 21, 2006 that will channel future immigrants That is why I hope and expect that and Chicago. It is hard to visit a res- into legal avenues, where they will be we will be allowed to offer true immi- taurant or hotel without seeing many screened to make sure they pose no gration reform amendments to this people there who are working very threat to public safety and will not bill. If we are not allowed to offer im- hard for long hours at low pay, and take jobs from American workers. migration reform amendments, I will many of them are undocumented. And for immigration reform to work oppose cloture on this bill, and I hope We believe that if you are really we had to squarely face the fact that all my colleagues who support reform going to have enforcement work, it there are approximately 11 million un- will do the same. isn’t just a matter of stopping them at documented immigrants already work- Mr. President, I yield the floor. I sug- the border; it is a matter of drying up ing in the United States. Many have gest the absence of a quorum. the magnet that draws them: the em- lived here for years and have children The PRESIDING OFFICER. The ployment, those who would employ un- who were born in this country and are clerk will call the roll. documented people. Our bill speaks to American citizens. The legislative clerk proceeded to that. We wisely decided that criminalizing call the roll. The President has said that he sup- these 11 million people was not going Mr. DURBIN. Mr. President, I ask ports this concept. I agree with him. to happen. We couldn’t jail that many unanimous consent that the order for We need a tamper-proof ID so that people. We couldn’t deport that many the quorum call be dispensed with. those presenting themselves for em- people. The PRESIDING OFFICER. Without ployment are clearly identified. Cur- We knew that the vast majority of objection, it is so ordered. rently, a person shows up with a name, undocumented immigrants living in Mr. DURBIN. Mr. President, I rise to a phony Social Security number, and this country came here to work hard, speak about the pending bill before S. goes to work. That day has to end. support their families, pay their taxes 6061, the Secure Fence Act of 2006. This If you are talking about enforcement, and obey the law. bill, which was approved the House of it is not just a matter of what happens Those are the kind of people we want Representatives last week, would re- on that border—it is a matter of what here. quire the Department of Homeland Se- happens in the workplace in New York, Yes, they are here illegally and that curity to build a 700-mile wall on the in Chicago, in Los Angeles, and all can’t be treated lightly. And we didn’t. United States-Mexican border. across America. The bill goes further. The bill also The Senate bill does not offer amnesty This bill which was sent to us by the provides that we shall start a study as or a free pass to anyone. If you want to House does not address the employer to whether to build a similar wall on stay here, you have to earn it. sanctions. We know what has happened Under the comprehensive, bipartisan our borders with Canada. That, of under the Bush administration. It is Senate bill, undocumented immigrants course, is a much longer border and a rare if ever that an employer is held who have been present in the U.S. for challenge which has not really been accountable for hiring illegal aliens. at least 5 years would be able to apply thought through. The northern border Unless and until we can engage the em- for a work visa lasting 6 years. They study is part of the bill, along with this ployment issue with the border secu- would also pay thousands of dollars in new 700-mile wall, or fence, being dis- rity issue, we are going to have a dif- fines, clear background checks, and cussed. ficult time controlling the flow of ille- must remain gainfully employed and Earlier this year, the Senate spent gal immigration. lawabiding. the better part of 3 months debating They would go to the back of the line immigration. The process began in the This bill talks about a fence. It is not behind those already waiting for their Judiciary Committee, on which I serve, the first time it has been brought up. applications to be judged. in early May. We had a series of sub- In the comprehensive immigration bill After 6 years of working in the U.S. stantive debates in which we consid- which we passed, there was a provision on a temporary visa, an immigrant ered dozens of amendments, including for constructing a 370-mile, triple-lay- could apply for permanent residency—a several maritime committee meetings ered fence and 500 miles of vehicle bar- process that takes 5 years—provided he on very contentious issues. At the end riers along the southwest border. I or she paid an additional fee, proved of the process, we approved a tough, question whether this is going to work. payment of taxes and could show comprehensive bill with a strong bipar- I have my doubts. knowledge of English and United tisan vote. There was a similar process Consider just the obvious. Our south- States civics. on the floor of the Senate. ern border is more than 2,000 miles Only after a combined period of 11 We debated the immigration bill for 1 long, and we are building 700 miles of years could the immigrant apply for month. We had over 30 rollcall votes on fencing or barriers. I have to say that U.S. citizenship. amendments. It is rare for Congress to leaves a lot of area uncovered. I guess Those who have been here betwee 2 to devote that much time and energy to it is not a leap of imagination to be- 5 years would have to apply through a one bill. I think that was reflected in lieve that people will find a way to go stricter guest worker program, and the bipartisan bill that we approved. It around this wall, around this fence, or would have to wait even longer before is far from perfect. It was a com- under it. It is going to happen. I think they could win legal residency. promise. There are sections in that bill to place all of our confidence in this We should have rolled up our sleeves I don’t support. I voted for it because I sort of basic barrier may go too far. long ago to pass realistic and compas- thought it was the best effort we could But the provision was in our bill. It sionate immigration reform. And the make at that moment to move this was an enforcement provision for the Senate finally has. But the House has process forward. border which included 370 miles of tri- shirked its responsibilities with its en- The Senate bill takes a comprehen- pled-layered fence and 500 miles of ve- forcement-only focus. sive approach that is tuff but fair. hicle barriers. Now, instead of doing our constitu- First, we deal with enforcement by Then, on August 2, the Senate appro- tional duty and hammering out our dif- improving our border security by in- priated the money to build it, $1.8 bil- ferences, cogressional leadership has creasing manpower and increasing new lion for fencing and barriers authorized declared that reform is dead for this technology and devising new means to by the Senate bill. The measure was year and instead says the best we can stop the flow of illegal immigrants into approved on a strong bipartisan vote of do is build fences in the desert and cre- America. We would crack down, as 94 to 3. ate a mirage of security. well, on employers. Despite my scepticism about the This is not sensible or right. But we Understand that the magnet which fence, my belief was that this moves us must not give up. We must fight—and I draws those who illegally immigrate to forward. If this fence moves us forward will continue to fight—for true reform. the United States is the opportunity in the debate about comprehensive im- We must do the job the American for a better life through work. For migration, I am going to join in that people sent us here to do—solve the most of these people, they come here to effort even though I start with tough problems without falling into di- take jobs all across our country. I have scepticism about whether this is really visive, partisan posturing. seen them in my home State of Illinois going to do everything we are told.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00026 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9885 So we are dealing with a fence and This bill has been tied up for the last gration bill. I was one of them. We be- barrier that has already been author- week and fits right into the category of lieve this was a good, bipartisan effort ized and funds have been appropriated political posturing. to deal with a very tough problem. We by the Senate. Instead of going to con- The earlier immigration bill of the need that kind of comprehensive ap- ference with the House and Senate and Republican-controlled House of Rep- proach. sitting down and working out their dif- resentatives, which would have made That bill included a provision which I ferences between the two bills, the felons out of many hard-working peo- will offer as an amendment to this bill, House of Representatives held hearings ple and would also have made felons if given an opportunity. It is called the around the United States, hearings out of many nurses and social workers DREAM Act. This is a narrowly tai- which were designed, I am afraid, to and clergymen who were trying to help lored, bipartisan measure I have intro- move this issue to the public forefront those who are here undocumented— duced with Senators HAGEL and LUGAR, in not a very positive way; in some re- that bill has been abandoned. Now they both Republican colleagues, who have spects, a very negative way. In that ef- are trying to find a new bill, a new joined me and many Democratic Sen- fort, they came up with the inspiration wedge issue for the November 7 elec- ators in this bipartisan effort. This for a new bill. In other words, they tion. gives undocumented students the walked away from their earlier bill I believe we need stronger enforce- chance to become permanent residents which dealt with immigration enforce- ment, but we need to be smart in the if they came here as children, are long- ment in very harsh terms, saying that way we do it. term U.S. residents, have good moral those who were here illegally would be Let me give you some numbers which character, no criminal record, will at- deemed felons, aggravated felons under will give you an indication of what a tend college or enlist in the military Federal law, and anyone who helped smart approach might include. for at least 2 years. them would also been charged with the In the last decade, we have doubled Currently, our immigration laws pre- crime. the number of Border Patrol agents vent thousands of young people from Now they are off on a new approach— that are at our southern border and pursuing their dreams and fully con- this so-called 700-mile fence approach. other borders where people might tributing to the Nation’s future. They It is hard to keep track of what is cross, and they have spent eight times are honor roll students, star athletes, going on in the House of Representa- as many hours patrolling the border in talented artists, valedictorians, aspir- tives when it comes to immigration. It the last 10 years and an 800-percent in- ing teachers, doctors, scientists, and changes almost on daily or weekly crease in the manhours spent patrol- engineers. These young people have bases. ling our borders. lived in this country for most of their Before they will consider sitting During the same period of time that lives. Their parents brought them here. down with the Senate and working out this dramatic increase in manpower at It is the only home they know. They an agreement on a bill, they send us a the border has occurred, the number of are assimilated and acculturated into new bill. undocumented immigrants coming into American society. They are American the United States has doubled. That is what has happened here. I in every sense of the word except for As Attorney General Gonzales re- wonder why at a time when we are fac- their technical legal status. cently noted, ‘‘Some believe we should They have beaten the odds in their ing so many serious issues in this coun- be focusing solely on border security.’’ young lives. The high school dropout try we are engaged in such political He said, ‘‘I don’t think you can have rate among undocumented immigrants posturing when it comes to an issue of true security without taking into ac- is 50 percent, compared to 21 percent this importance. count the 11 to 12 million who are al- for legal immigrants and 11 percent for Wouldn’t it have been better for us to ready here.’’ We need to know who native-born Americans. So the odds are spend this week, instead of wasting and they are . . . and take them out of the against these kids ever graduating burning off the hours on the secure shadows. from high school. These children we fence bill—the second House immigra- Our bill, our comprehensive bill, are talking about in this bill, the tion bill—focus on a national energy sought to deal with this immigration DREAM Act, have demonstrated the policy, talk about ways that we can re- issue in a sensible, smart, tough ap- kind of determination and commit- duce our dependence on foreign oil so proach that will deal with enforcement ment that makes them successful stu- that Americans can have some security as well as dealing with the reality of dents and points the way to the signifi- knowing that this economy will grow those who are here. cant contributions they can make in with good, reliable energy sources, and Now the House of Representatives, their lives. These students are tomor- that we would not be subsidizing those under the control of the President’s row’s teachers, nurses, doctors, engi- who send oil to the United States and party, has refused to sit down with the neers, entrepreneurs. They have the op- then turn around and use the hundreds Senate and negotiate in a conference portunity to make America in the 21st of millions of dollars we send to fi- committee. They apparently prefer century a success story if their talents nance our enemies and terrorism? tough talk to solutions. can be part of that success. This is not really about immigration. Now we have a 700-mile wall that is The DREAM Act would help them. It It is about something else. This is now being proposed. It keeps going up is not an amnesty. It does not say about an effort by the Republican lead- in the bidding from 300 to 700. Who automatically that they are going to ership to find just the right issue for an knows what the next bill will be in be citizens. It is designed to assist only election that is just a few weeks away. preparation for this next election? a select group of them, the very best of This morning, the New York Times That is what the bidding war is all the best, young people who have done tells us that the American people, about—who can come up with the long- nothing wrong in their lives, good when asked, have a new low opinion of est wall. moral character, finished high school, Congress. It has been 12 years or more If we want to solve the problem of il- who then enlist in our military for at since so few people had a positive view legal immigration, we have to secure least 2 years or pursue a college edu- of their Congress. This morning, they our border, strengthen enforcement of cation. That gives them the chance to reported that 25 percent of the Amer- our immigration laws, and address the earn their way toward citizenship. This ican people have positive feelings situation of approximately 12 million offers no incentive for undocumented about the Congress. When asked why, undocumented people in our country. immigrants to enter the country and they said Congress is dominated by That is a comprehensive approach. requires the beneficiaries to have been special interests; it is dominated by an I hope we will have a chance, though in the country for at least 5 years when agenda that has no importance to the I am doubtful, to offer amendments to the bill is signed. lives of most American people; and it this bill. It would be good to return to It would repeal a provision of Federal seems like all they are doing is polit- some of the elements of the earlier bill law that prevents individual States ical posturing for the next campaign. which had widespread support. Sixty- from granting instate tuition rates to Many of those criticisms are sadly four Senators voted for the bill, the these students. It would not create any true. McCain-Kennedy comprehensive immi- new tuition breaks. It would not force

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00027 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9886 CONGRESSIONAL RECORD — SENATE September 21, 2006 States to offer instate tuition to these prehensive solution to the problem of communities where it is very tough to students. It is a State decision. Each illegal immigration must include the succeed, they turn their backs on State decides. It would simply return DREAM Act. crime, drugs, and all the temptations to States the authority to make that The last point I make is this: We are out there and are graduating at the top decision. asked regularly here to expand some- of their class, they come to me and It is not just the right thing to do, it thing called an H–1B visa. An H–1B visa say: Senator, I want to be an Amer- is a good thing for America. It will is a special visa given to foreigners to ican; I want to have a chance to make allow a generation of immigrant stu- come to the United States to work be- this a better country. This is my home. dents with great potential and ambi- cause we understand that in many They ask me: When are you going to tion to contribute fully to America. businesses and many places where peo- pass the DREAM Act? I come back here According to the Census Bureau, the ple work—hospitals and schools and and think: What have I done lately to average college graduate earns $1 mil- the like—there are specialties which help these young people? lion more in her or his lifetime than we need more of. We can do something. It is not for the average high school dropout. This I can recall Bill Gates coming to me; it is not for the Senate; it is for translates into increased taxes and re- meet me in my office. Of course, his this country. Let’s take this great re- duced social welfare and criminal jus- success at Microsoft is legendary. He source and let’s use it for our benefit as tice costs. talked about the need for computer en- a nation. We will be a stronger and bet- There is another way our country gineers and how we had to import these ter nation if we do. would benefit from these thousands of engineers from foreign countries to I suggest the absence of a quorum. highly qualified, well-educated young meet the need in the United States. He The PRESIDING OFFICER. The people who are eager to be part of challenged me. He said: If you will not clerk will call the roll. America. They want to serve, many of allow me to bring the computer engi- The legislative clerk proceeded to them, in our military. At a time when neers in, I may have to move my pro- call the roll. Mr. FRIST. Mr. President, I ask our military is lowering its standards duction offshore, and I don’t want to do unanimous consent that the order for due to serious recruiting shortfalls, we that. the quorum call be rescinded. should not underestimate the signifi- That is an interesting dilemma. Now The PRESIDING OFFICER (Mr. put it in the context of this conversa- cance of these young people as a na- CHAFEE). Without objection, it is so or- tional security asset. tion. Why would we tell these young dered. The Department of Defense has people, who have beaten the odds and The question is on agreeing to the shown increased interest in this bill, shown such great potential, to leave motion to proceed to H.R. 6061. understanding that there is a talent America at this moment and then turn The motion was agreed to. pool of these young people who are around in the next breath and say we The PRESIDING OFFICER. The Sen- technically undocumented but want to are going to open the gates of America ate will now proceed to the consider- live in the United States and serve our for other foreigners to come in and ation of H.R. 6061, which the clerk will country. They need that talent. We make our economy stronger? Why report. need that talent as a nation. aren’t we using these young people as a The assistant legislative clerk read On July 10, the Senate Committee on resource for our future? They have as follows: Armed Services held a hearing on the been here. They have lived here for a A bill (H.R. 6061) to establish operational contributions of immigrants to the long period of time. They understand control over the international land and mar- military. David Chu, the Under Sec- America. They are acculturated to itime borders of the United States. retary of Defense for Personnel and America, and they want to make AMENDMENT NO. 5031 Readiness, said the following: America better. Mr. FRIST. Mr. President, I send an There are an estimated 50,000 to 65,000 un- Instead of looking overseas at how amendment to the bill to the desk. documented alien young adults who enter we can lure more people in to strength- The PRESIDING OFFICER. The the United States at an early age and grad- en our economy, we need only look clerk will report. uate from high school each year, many of right here at home. As Mr. Chu, from The legislative clerk read as follows: whom are bright, energetic and potentially the Department of Defense, said there The Senator from Tennessee (Mr. FRIST) interested in military service. They include are 50,000 to 65,000 of these students proposes an amendment numbered 5031. many who have participated in high school At the end of the bill, add the following: Junior ROTC programs. Under current law, each year. Why would we give up on This Act shall become effective 2 days these people are not eligible to enlist in the them when they can be not only tomor- after the date of enactment. military. If their parents are undocumented row’s soldiers, marines, sailors, and Mr. FRIST. Mr. President, I now ask or in immigration limbo, most of these airmen, but they can be tomorrow’s for the yeas and nays. young people have no mechanism to obtain doctors, scientists, and engineers? The PRESIDING OFFICER. Is there a legal residency even if they have lived most If given the opportunity, and I cer- sufficient second? of their lives here. Yet many of these young tainly hope I will on this bill, I will There appears to be a sufficient sec- people may wish to join the military, and offer the DREAM Act. I want my col- ond. have the attributes needed—education, apti- The yeas and nays were ordered. tude, fitness and moral qualifications. In leagues to join me on a bipartisan fact, many are High School Diploma Grad- basis. AMENDMENT NO. 5032 TO AMENDMENT NO. 5031 uates, and may have fluent language skills— I walk around in the city of Chicago Mr. FRIST. Mr. President, I send a both in English and their native language and other places in my State, and a second-degree amendment to the desk. . . . the DREAM Act would provide these number of young people who would be The PRESIDING OFFICER. The young people the opportunity of serving the benefited by this bill come up to me. clerk will report. United States in uniform. They tell me stories which are inspir- The legislative clerk read as follows: If we are talking about making ing in one respect and heartbreaking in The Senator from Tennessee (Mr. America more secure safe, why would another—inspiring because some of FRIST) proposes an amendment num- we turn our backs on the opportunity them, with no help, no financial aid, bered 5032 to amendment No. 5031. for these young people who came to have made it through college. One of Mr. FRIST. Mr. President, I ask unanimous consent that the reading of America at an early age, who have them, a young man I continue to follow the amendment be dispensed with. beaten the odds by graduating from with great anticipation, is now work- The PRESIDING OFFICER. Without high school, who have good moral char- ing on a master’s degree. He wants to objection, it is so ordered. acter and want to be part of our future, go into medical research. He is good. The amendment is as follows: why would we turn down their oppor- He is a great scientist, a young sci- On page 2, line 1 of the amendment, tunity to serve in our military? entist who wants to make this a better Strike ‘‘2 days’’ and insert ‘‘ 1 day’’. The DREAM Act is supported by a world. He is one of these undocumented f broad coalition of the Senate, by reli- kids, now a young man. Why would we gious leaders, advocates across the give up on him? MORNING BUSINESS country, and educators across the po- These high school students who have Mr. FRIST. Mr. President, I ask litical spectrum. Any real and com- worked so hard in neighborhoods and unanimous consent that there now be a

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00028 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9887 period for the transaction of morning ity for Latinos and all Americans. Like celebration of Hispanic contributions business, with Senators permitted to many great Americans, Judge DeAnda to America during Hispanic Heritage speak for up to 10 minutes each. rose from humble beginnings. Month, we take this time to acknowl- The PRESIDING OFFICER. Without The son of Mexican immigrants, edge Judge DeAnda. We are deeply sad- objection, it is so ordered. Judge DeAnda was born in Houston, dened by his passing but are also in- f TX. He interrupted his college edu- spired by his example as we carry on cation at Texas A&M University to the struggle to ensure equity for all TRIBUTE TO JUDGE JAMES join the Marines during World War II, Americans. His life-long dedication to DEANDA serving in the Pacific and then later the protection of Americans has made Mr. REID. Mr. President, last week, China. When he returned from the war, him an icon in the legal profession and hundreds of family, friends, and admir- he completed his studies and then en- a pioneer of the American civil rights ers gathered in Houston, TX, to honor rolled in the University of Texas Law movement. the life of a WWII veteran, legal giant, School in 1950, where he was among the Judge DeAnda will be missed by all, and true American hero, U.S. district first Hispanics admitted. but certainly by his wife Joyce and judge James DeAnda. Judge DeAnda Beyond the Hernandez case, Judge their four children. They are in our died last Thursday, September 7, 2006, DeAnda took on countless other cases thoughts and prayers. at the age of 81. Throughout his life, he in his fight to end segregation of His- f quietly went about his work of ensur- panics in Texas. In 1968, he went before LOCAL LAW ENFORCEMENT ing that Hispanic Americans were the Supreme Court in the case of ENHANCEMENT ACT OF 2005 guaranteed the same protections and Cisneros v. Corpus Christi ISD, a case rights afforded them in our Constitu- that led to the desegregation and in- Mr. SMITH. Mr. President, I rise tion. creased funding of schools in that city. today to speak about the need for hate Today, we mourn his passing and pay It was also during that year that Judge crimes legislation. Each Congress, Sen- tribute to his important contributions DeAnda helped to establish one of the ator KENNEDY and I introduce hate to this Nation. I am joined by Senator most respected national Hispanic orga- crimes legislation that would add new SALAZAR, who is familiar with the im- nizations, the Mexican American Legal categories to current hate crimes law, portance of Judge DeAnda’s legacy. Defense and Educational Fund, sending a signal that violence of any kind is unacceptable in our society. Senator SALAZAR, what do you believe MALDEF. Senator SALAZAR, would you are Judge DeAnda’s most important say that the founding of MALDEF has Likewise, each Congress I have come to legal victories? empowered the Hispanic community in the floor to highlight a separate hate crime that has occurred in our coun- Mr. SALAZAR. Thank you, Senator our country? REID, for your recognition of Judge Mr. SALAZAR. As a Hispanic who try. On December 6, 2003, in Largo, FL, DeAnda. One of his most significant grew up in the Southwest, I can say William McHenry was stabbed to death cases came in 1954, when he worked on that the impact of MALDEF’s estab- by Lucas McCauley. McCauley, a and argued a little-known but enor- lishment has been profound. As the straight man, followed McHenry home mously significant case before the U.S. Hispanic community’s legal advocate, from Club Z109, a bar that caters to gay Supreme Court. I should also mention MALDEF has taken on cases through- and transgendered people. After arriv- that Judge DeAnda, together with a out the country. In my own State, legal team of three other Mexican- ing at his home, McHenry was attacked their work has helped improved access and stabbed by McCauley. According to American attorneys, were the first to equal education for Hispanics. police, the motivation for the attack Mexican-American attorneys to argue Judge DeAnda was also actively in- was the victim’s sexual orientation. before the highest Court in our land. volved with Hispanic organizations like I believe that the Government’s first In Herna´ ndez v. Texas, Judge DeAnda the League of United Latin American duty is to defend its citizens, to defend believed that their client, Pete Her- Citizens, LULAC, and the American them against the harms that come out nandez, could not receive a fair and im- G.I. Forum. By working with of hate. The Local Law Enforcement partial trial unless members of other MALDEF, they ensured that Hispanic Enhancement Act is a symbol that can races served on the jury. Through care- veterans, who gave the ultimate sac- become substance. I believe that by ful research, Judge DeAnda showed rifice on the battlefield, were not de- passing this legislation and changing that Hispanics in Jackson County, TX, nied burial in our veterans cemeteries. current law, we can change hearts and were essentially barred from serving as Judge DeAnda’s leadership was vision- minds as well. jurors despite comprising a significant ary and was recognized by President f proportion of the population at the Jimmy Carter in 1979, who nominated time. In fact, no Hispanic had served him to serve as a Federal judge in the HATE CRIME on any jury in Jackson County for a Southern District of Texas. At the Ms. CANTWELL. Mr. President, the quarter century. The Supreme Court time of his appointment, he was only Jewish New Year is a time for celebra- agreed and overturned the murder con- the Nation’s second Mexican-American tion, prayer, and reflection. As friends viction. They unanimously ruled that Federal district judge. and family commemorate the high Mexican Americans and all other racial Despite all of his contributions to the holy days which begin tomorrow groups in the United States had equal Latino community, Judge DeAnda evening, Jewish communities across protection under the 14th amendment never sought the limelight. He only Washington State and around the of the U.S. Constitution. strove to ensure equal rights for all in world will come together, consider the Despite this major legal victory, the this country through his thorough rep- past, and look to the year ahead. Hernandez case was overshadowed by a resentation and fair consideration of Rosh Hashanah brings new begin- companion case, Brown v. Board of those who came before his court. I find nings and new energy; Yom Kippur Education, which was decided just a his own words to be the most telling. calls for atonement and forgiveness. week later. But the results of this deci- He is said to have told a group of law These ideals extend beyond religion or sion are evident in American court- school students once, ‘‘You will find race—they build common ground and rooms everywhere. Because of this de- law to be a most satisfying career be- inspire shared sacrifice. All of this was cision alone, Judge DeAnda holds a cause of the service you can give your threatened by an act of senseless vio- special place in our country’s history fellow man. I know of no other endeav- lence and hate this summer in Seattle. and our quest to become a more inclu- or in which you can bring about We cannot give in to that hate. sive America. healthy change and make a decent liv- During these days of repentance and Mr. REID. Yes, I agree with the Sen- ing. You can live well and do good.’’ renewal, I share a commitment to end- ator from Colorado. Judge DeAnda no Judge DeAnda certainly did good and ing violence and to living with one an- doubt played a key role in our Nation’s we are grateful to him for his service. other in peace both around the world history. He was a key leader in the Mr. REID. We are truly indebted to and here in our own communities. Latino civil rights movement who Judge DeAnda. Indeed, it is only fitting Yet we are still shocked and sad- worked tirelessly to foster legal equal- that as our Nation begins a month-long dened by the pain and loss of July 28,

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00029 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9888 CONGRESSIONAL RECORD — SENATE September 21, 2006 2006, when a gunman driven by hate, raised in Russell, KS, he went off to REMARKS TRANSCRIBED FROM THE BOB DOLE forced his way into the offices of the serve in the U.S. Army during the Sec- LEADERSHIP PORTRAIT UNVEILING—JULY 25, Jewish Federation of Greater Seattle. ond World War. He was seriously in- 2006 IN THE OLD SENATE CHAMBER He killed one woman and wounded five jured in combat in Italy and underwent Mr. FRIST: Good afternoon. It’s an honor others before surrendering to police. arduous physical rehabilitation for to be here today, and it’s a special honor for Our community tries to recover, but more than 3 years. He returned to Kan- me to welcome back a leader whose title I sas, got his law degree, ran for the share but whose service will never be rivaled. we are stunned. The King County Pros- Ten years ago, Bob Dole stepped down from ecutor said: ‘‘Make no mistake, this State legislature, and served as county the office I now hold, and he left invaluable was a hate crime.’’ attorney. He first ran for Congress in words to all who would follow. He said, ‘‘You I mourn the loss of Pamela Waechter, 1960 and served in the House of Rep- do not lay claim to the office you hold. It a beautiful woman and warm spirit resentatives for 8 years. Then, like lays claim to you. Your obligation is to who lost her own life while trying to many of us, he migrated from the bring to it the gifts you can of labor and hon- improve the lives of others. All across House to the Senate. esty and then depart with grace.’’ Washington State we have been asking The Senate suited Bob Dole. He is a To congress and to the office of Majority the same questions. How could such an man who speaks his mind, candidly and Leader, Bob Dole brought the gifts of labor and honesty. But what he also brought was event happen in our community? How forthrightly. Right away he impressed Senator Barry Goldwater, who hailed an invaluable perspective. It was a perspec- could such violence be carried out in tive of a fighter. It was the mind-set of the our city in the name of hate? the new Senator from Kansas as ‘‘the greatest generation—the generation who There is never any justification for a first fellow we’ve had around here in a fought on the battlefield, on farm field, in hate crime, anywhere. That this hor- long time who can grab ’em by the hair factory—so America might rise. rific crime took a life so suddenly and and haul ’em down the aisle.’’ While From the humble plains of Kansas, Bob so uselessly is a tragedy for all of Se- that captures the combative side of the Dole learned the value of fighting one’s way attle. We must recommit ourselves to man, there was also Bob Dole the legis- up in the world through hard and honest lative tactician, a statesman who work. And from the battlefields of war, he the goal laid out by Rabbi Mirel. He learned that the freedoms we enjoy—the said: ‘‘Hatred will not be our legacy.’’ sought common ground among 100 Sen- ators to craft legislation that would very freedoms that enable a boy from Kansas We must do more, both as a national to dream big and succeed—were to be fought community and as individuals, to rec- best serve the Nation. When President for at any price. ognize the brutality of this crime and Ronald Reagan sought to shore up the To this day, Bob Dole has never stopped to respond to this terrible event. And finances of Social Security, it was Bob fighting for the America he believed in. Ar- we must do more to demonstrate that Dole, as chairman of the Senate Fi- dently, he fought for a better life for all the only kind of intolerance Americans nance Committee, working with the Americans—for the disadvantaged, for Amer- ranking member of the minority, Dan- icans with disabilities, for the hard-working will abide is an intolerance for short- farmer trying to raise a family. And always term answers and shortsighted conclu- iel Patrick Moynihan, who forged the bill that stabilized the system for an- he has stood tall for America’s veterans. For sions. those who made the ultimate sacrifice, Bob Pamela Waechter, who was killed in other generation. As floor leader of his party, in both Dole fought to ensure their sacrifice was July, set an example for us all through never forgotten. the majority and the minority, Bob her involvement in the Seattle commu- And it was that passion that paved the way Dole stood front and center in the nity. She moved to Seattle in 1979. to the construction of the World War II Me- Chamber, shrewd, vigilant, and master- After raising two children, Pamela be- morial on the Mall. At the dedication to that ful. But you could also find him off the memorial in 2004, Bob Dole said to the audi- came a student at the University of floor, sitting in the cloakroom, a legal ence: ‘‘what we learned in foreign fields of Washington and graduated with a de- pad on his lap, surrounded by a knot of battle, we applied in post-war America. As a gree in nutrition. Senators, drafting the language of an result of our democracy, though imperfect, is Pamela worked at Jewish Family amendment to break a legislative im- more nearly perfect than in the days of Service and later at the Jewish Federa- Washington, Lincoln, Roosevelt.’’ passe and get the Senate’s business Bob, today I say to you, our democracy is tion, where she did outreach and fund- back on track. raising. She rose from secretary to more nearly perfect because of you. America He did this all with a ready quip and is a better place because you’ve been here two-term president at Temple B’nai a limitless sense of humor that got him Torah. Pamela stood out in her dedica- fighting on our side. From the battlefield to and the Senate through many difficult the Senate floor, thank you for fighting for tion, and brought the diverse people of moments. Bob Dole possesses a sure America. this city together across boundaries of sense of the ironies of government and [applause] ethnicity or religion. the foibles of politicians. He has used Mr. MITCHELL: Senator Frist, Senator My thoughts and prayers go out to this to great advantage in winning over Reid, Senator Dole the first, Senator DOLE the victims and their families. We his audiences, whether in small groups the current, friends and family of both Sen- honor their spirit during these Days of ators DOLE and colleagues, for six years I or vast arenas. He is smiling in his por- was privileged to serve as Senate Majority Awe by celebrating their deeds, pur- trait, as if he had just delivered one of suing peace, and seeking renewal. Leader. Shortly after I was elected to that those lines that made his listeners position, I went to see Bob Dole. He was then f laugh. the Minority Leader, a position he continued UNVEILING OF THE BOB DOLE It is a handsome portrait of a man to hold during my tenure as Majority Lead- LEADERSHIP PORTRAIT who well deserves the honor of being er. included among the artwork of the U.S. Bob had been in the Senate much longer Mr. ROBERTS. Mr. President, this Capitol. Future Senators can gaze on it than I had, knew a lot more, and so I under- summer the U.S. Capitol added a new for inspiration, and it will remind visi- stood that I could learn a lot from him, as portrait to its collection of Senate tors of his many contributions to our I’d learned from my immediate predecessor, leaders. It is a face that is familiar to Senator ROBERT BYRD. I told Bob that I Nation’s history. Bob Dole will most looked forward to working with him, and we all of us since he once led this institu- likely glance at it himself when he vis- tion and spent 27 years here as a Sen- quickly agreed on a simple set of rules that its the Capitol and probably make a would guide our relationship. We would not ator. I refer to Bob Dole, former Sen- few wry remarks when he does. Today surprise or embarrass each other. We would ator from Kansas, chairman of the Fi- he is proudly a Senate spouse, married try to work together in good faith whenever nance Committee, majority leader, and to the senior Senator from North Caro- possible. But when we couldn’t, we would say Presidential candidate. His portrait lina, ELIZABETH HANFORD DOLE, who so candidly. And always we’d let the Senate was unveiled in the Old Senate Cham- carries on his legislative tradition. decide. ber on July 25 and now hangs in the Mr. President, I ask unanimous con- For six years, we lived by those rules. There were many difficult issues, some tense Senate Chamber lobby, along with a sent to have printed in the RECORD the painting of Senator George Mitchell, times, we disagreed often on substance and proceedings of the ceremony for unveil- on process, but we never let a harsh word his Democratic counterpart. He looks ing the Bob Dole leadership portrait. pass between us, in public or in private. And very much at home there. There being no objection, the mate- that is true to this day. Never in our life- Bob Dole’s story is familiar to almost rial was ordered to be printed in the times has a harsh word passed betweert us. everyone in this Nation: Born and RECORD, as follows: We believed in and we trusted each other. All

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00030 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9889 of this was possible because of Bob Dole’s es- willing to say anything, regardless of the honored to have had this opportunity to be sential integrity and his love for the Senate. consequences. with you and to speak in your behalf today. Bob’s word was his bond. Never, ever did he [laughter] [applause] tell me anything that was untrue. Never did I replied that actually Senator Rudman Now I’m pleased to introduce a longtime he go back on his word. He was more experi- reached that point at the age of nine and the friend and senior staff member of Bob Dole’s, enced, more knowledgeable, more savvy than rest of us had been dealing with the con- Rod DeArment. I was, so it would not have been unreason- sequences ever since. [applause] able for him to spurn my offer of coopera- [laughter] Mr. DeARMENT: Good afternoon. Shortly tion. But he didn’t. Not because of me but Senator Rudman? after I joined the Senate Finance Committee [applause] staff, where I started working for Senator because of who he was and is. Mr. RUDMAN: Thank You, George. Bob, Born and raised in Russell, Kansas, he ac- Dole, he asked me to travel with him on a se- Elizabeth, and Robin, colleagues, friends and quired early in life the tone and the values of ries of speeches on the subject of the crude family of Bob Dole, when I was preparing for the American Midwest. So he’s always had oil windfall profit tax. My job was to explain today, I thought about Bob Dole’s extraor- the mechanics of the—of the tax. And at the intense loyalty to his faith, to his family, to dinary record in the Senate and thought of his country. His patriotism was tested and speaking about his many accomplishments. first event, as Senator Dole gave introduc- found not wanting in the fire of the second But they are a matter of record with which tory remarks and I launched into a review of World War. In the most direct and unforget- all of you are very familiar. the structure of the tax, complete with table way, he learned firsthand the horror of For me, when I think of my years of friend- charts and a pointer. Midway through my war. But he also learned why some Wars ship with Bob, there are two endearing quali- presentation, Senator Dole slipped a note on must be fought in the defense of freedom. ties that are always uppermost in my mind. to the podium, and I glanced down as I was A long and painful rehabilitation gave him First, I will forever marvel at the self-depre- speaking and—and thought it said, ‘‘more de- time to try to understand why he would for- cating wit of this great American from the tail.’’ So I dug in and I gave a more thorough ever bear the scars of war. I But it also gave heartland. Second, I have deeply admired his explanation of the base prices, tertiary wells, him time to think of how he could best serve dedication to the principles and values of stripper well, et cetera. When I sat down and the country he was so proud to defend. The this great country. What better way to share I looked more closely at the note, I realized result was a distinguished political career with you my thoughts than to do so in Bob it said, ‘‘move faster.’’ which is so well-known to everyone here that Dole’s own words? [laughter] I won’t try to recite it except to say that Thus, let me read to you two excerpts from Well, in time, I learned brevity and to read Bob Dole brought honor and integrity to his wonderful memoir, ‘‘One Soldier’s Senator Dole’s handwriting better. every office he ever held. Story.’’ First, his wonderful wit, in this case, As I contemplated this unveiling today, I One of Bob’s many strengths is his sense of given at a most solemn occasion at one of thought about all the qualities Senator Dole humor, his ability to defuse tension with a our country’s most important places. has that are nearly impossible for an artist light comment, to find a laugh in even the Here are Bob’s words. ‘‘Maintaining a to fully capture, no matter how skillful the most dark and difficult times. I’ve been the healthy sense of humor is a key to over- artist is. For example, how can an artist butt of many of his jokes. coming any setback in life, even when your truly reflect Senator Dole’s warm friendli- [laughter] setbacks are extremely public. In my speech ness that was evident to all the staff around And I can testify that he does it in such a at the White House after accepting the Presi- this Capitol, from the guards at the door he nice way that makes even the butt laugh. dential Medal of Freedom from President greeted each morning, to the cloakroom [laughter] Clinton just a few months after I lost the team, to the restaurant workers, to the Our relationship was forged in many long election to him, I began as though taking staffers—some of whom are here—that sat on days and nights in the Senate negotiating the oath of office. ‘I, Robert J. Dole . . .’ I the back of the couches and were amused by over the substance and the process of legisla- paused as the august crowd of political lead- Senator Dole’s comments as he passed by? tion. We usually met in my office or his. As ers and members of the press immediately It’s hard to capture his quick wit and his many visitors to our offices noted at the caught on and roared in laughter. ‘. . . do spontaneous humor. Much of his humor was time, his office was a bit bigger than mine. solemnly swear. . .’ I continued, without self-deprecating, as Senator Rudman indi- So I often was asked: how come the Minority breaking a smile to gales of laughter. I cated. Hundreds of times he told the story of Leader has a bigger office than the Majority looked up as though surprised. ‘Sorry, wrong his life about how he planned to study medi- Leader? I always replied that he was entitled speech.’ The crowd roared again. ‘But I had a cine. He went away to the war, suffered a to it because he was a leader before I was. dream. . .’ The audience chuckled at my al- head injury and went into politics. After I left the Senate, I joined a law firm. lusion to Martin Luther King Jr. ‘. . .that I [laughter] Two years later, we were reunited when Bob would be here this historic week receiving His humor was never mean, and I can tell joined the same firm. This is our—today is something from the President. But I thought you, his quick wit rescued me more than our second reuniting in recent years. And it would be the front door key to the White once from fierce cross-examination trying to when I got there, I couldn’t help notice that House.’ I looked over and the President him- defend things at the chair at the Senate Fi- while I was tucked away in a tiny office near self was doubled over with laughter.’’ And nance Committee. It’s also hard to capture the attic—[laughter]—he had literally a for those of you that missed that occasion, it his boundless energy. He seemed to revel in whole floor for himself and his huge entou- truly was a remarkable display of Bob Dole’s early morning breakfasts and late-night ses- rage. And I was really bothered when I humor. sions. As we approach this August recess, I learned that he had brought along to the law Secondly, his devotion to the principles recall how many august recesses Senator firm his little dog, Leader, and the dog had and values that George Mitchell referred to Dole threatened to cancel if we didn’t finish a bigger office than I had. that Bob Dole holds so dear. Again, in Bob’s a particular bill. Nearly every august recess [laughter] own words. ‘‘Nearly 60 years ago, after I there was that threat. So I asked him about it. And he laughed headed up Hill 913, I concluded my speech at Finally, how can an artist capture Senator and he said, ‘‘He’s entitled to it because he the dedication ceremony of the National Dole’s perseverance, tenacity and spirit? He was leader before you were.’’ World War II Memorial by saying: ‘It is only never seemed to give up on bills he thought [laughter] fitting that when this memorial was opened worthwhile. He just kept working. When a Well, it’s a real honor for me to be here to the public, the very first visitors were bill got hung up, his instruction always was, today to join Bob’s wife and family and schoolchildren. For them, our war is ancient ‘‘work it out.’’ friends in paying tribute to a great and a re- history and those who fought it are slightly [laughter] markable American. Bob Dole is to me a col- ancient themselves. Yet in the end, they are TEFRA in 1982 was a tribute to both Sen- league, a mentor, and most importantly a the ones for whom we built this shrine and to ator Dole’s legislative skill and his never- friend. Congratulations, Bob. It’s a pleasure whom we now hand the baton in the say-die tenacity. Now, before I get another to be reunited with you again, as we both unending relay of human possibility. Cer- note from the Senator about moving faster, hang on the wall of this great institution— tainly the heroes represented by the 4,000 I would like to introduce the subject today hidden away in the lobby, where no one will gold stars of the Freedom Wall need no of this grand portrait, Senator Dole. be able to see us—an institution which monument to commemorate their sacrifice. [applause] means so much to both of us and to which They are known to God and to their fellow Mr. DOLE: Thank You. you devoted so much of your life. soldiers, who will mourn their passing until [applause] And speaking of colleagues and friends, it’s the day of our own. In their name, we dedi- Mr. DOLE: Thank You. now my pleasure to introduce Senator War- cate this place of meditation, and it is in [applause] ren Rudman of New Hampshire. Warren, Bob their memory that I ask you to stand, if pos- Mr. DOLE: Thank You. Well, first I want and I served together in the Senate and War- sible, and join me in a moment of silent trib- to thank everybody for being here and par- ren and I have worked together in several ca- ute to remind us all that sometime in our ticularly Senator Frist and Senator Reid, pacities since then. We served on a com- life we have or may be called upon to make Senator Rudman, Senator Mitchell, my good mittee, and after exposure to Senator Rud- a sacrifice for our country to preserve lib- friend Rod. And it’s—you know, as Barbara man for a couple of months, one member of erty and freedom.’ ’’ Mikulski said as she walked by, ‘‘I wouldn’t the committee said that Senator Rudman Bob, it was an extraordinary privilege to miss this hanging for the world.’’ pears to have reached the age at which he’s work with you in the Senate and I’m deeply [laughter]

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00031 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9890 CONGRESSIONAL RECORD — SENATE September 21, 2006 And some of my colleagues have been wait- If not like that other Senator. ter; Sheila Burke, who we all know; Robert ing for years to nail me to the wall. So . . . So my final acknowledgment is to those to Lighthizer, former staff; Joyce McCluney, [laughter] whom I owe my greatest debt: to the people former staff, please come forward. And I remind you of an old axiom: ‘‘beware of Kansas who came to my aid many, many [applause] of what you wish for.’’ In fact, I understand, times when I needed it and did it for many— [inaudible conversation] as Senator Mitchell has indicated, that I’m more than 35 years. You honored me with Mr. REID: There will be a reception in S– to be hung in the Senate lobby—out of sight your confidence and you entrusted me with 207. Everyone’s invited. from the public but not far from where dis- your interests and ideals. And after today, f tinguished Members have been known to lie thanks to the kindness of my colleagues, down and take a nap. part of me will forever be joined in this—to A FEW BAD APPLES [laughter] this institution. But the greater part will be Mr. LEVIN. Mr. President, analyses So if nothing else, I’ll be there to disturb at home on the Kansas prairie, from which I of gun trace data has consistently your sleep. draw whatever strengt of character I brought [laughter] found that a tiny percentage of our Na- to these halls. tion’s licensed gun dealers contribute I also want to thank the artist for doing So again, I thank you very much for being something that eluded a host of high-priced here. And may God Bless the United States to the vast majority of our Nation’s campaign consultants and spin doctors: mak- Senate, and God Bless America. Thank you. crime guns. ing me look presidential. [applause] This finding was first revealed in a [laughter] Mr. REID: We’ve all heard people, includ- 1995 report produced for the Bureau of Mr. Kinstler certainly made the most of ing Senator Dole, say funny things about Alcohol, Tobacco, Firearms and Explo- what he had to work with. It calls to mind him. But everyone in this room should un- sives—ATF—by a team of researchers the story of Abraham Lincoln, who was run- derstand and acknowledge that we have a ning for the Senate from Illinois against Ste- at Northeastern University. The report rare opportunity today to stand in the pres- used trace data to identify patterns of phen A. Douglas. At one point in the cam- ence of a great man, a man who has changed paign, Douglas called his opponent two- the history of this country. Think about firearm trafficking. It found that less faced. ‘‘I leave it to you,’’ Lincoln told the him. than one percent of licensed gun deal- audience. ‘‘If I had two faces, do you really He came from Kansas, went to fight in the ers account for almost half of the think I would use this one?’’ war, was grievously wounded in that war. traced crime guns. [laughter] Spent not days, not weeks, not months, but Later analyses confirmed these find- I know that actually happened because I years in a hospital with Senator Inouye—the ings. A report published by Senator was in the audience. So . . . same hospital—trying to make a new life out [laughter] SCHUMER used 1998 trace data to iden- of a life that had been changed dramatically Coming back to this place is more than an tify 137 dealers nationwide that sold as a result of the physical damage to their exercise in nostalgia. If it feels like a home- more than 50 guns traced to crime. The bodies as a result of that war. Fought back. coming—and it does—it is because of two Decided he’d enter government and has done 13 worst dealers were the source of families to whom I owe so much. Elizabeth, that to the betterment of us all. 13,000 guns used in crimes that year. Robin, Gloria, my sister Norma Jean, and Bob Dole, candidate for President. Bob In the ‘‘Commerce in Firearms’’ re- Gladys, my sister Gloria, of all the blessings Dole, Member of the United States Senate. port released in February 2000, the ATF bestowed on me, none can match your love Bob Dole, Majority Leader of the United reported that only 1.2 percent of deal- and support. I want to thank you for being States Senate. And he’s done it with such here today and for being there whenever in ers, or about a thousand dealers, ac- grace and humor. counted for 57 percent of the crime the past. I’ve learned a number of things from Sen- And then there is the Senate family. And guns that year. A smaller subset of ator Dole. I’ve learned that you should try to like most families, it sometimes appears be funny. But no one can be humorous like only 330 dealers accounted for approxi- dysfunctional to those outside its ranks. So Senator Dole. I asked my staff, I said, ‘‘find mately 40 percent of the crime guns. doubt could be a little—no doubt it could be some things that he said were funny.’’ And Again, the trace data showed that a a little more efficient, maybe a little less there were volumes of stuff. But none of relatively small number of gun dealers verbose. But we should never forget that all them seemed very funny reading them be- were responsible for the diversion of a the talk and all those rules are put in place cause it’s his delivery. It’s his delivery. tremendous number of guns into the il- to safeguard our liberties. How much better He said, ‘‘as long as there’s only three or are the raised voices of debate than the dull legal market. The report also recog- four senators on the floor, the country’s in nized that trace data should be used by unanimity of the cell or the grim silence of good shape. It’s only when you have 50 or 60 the Gulag? of them on the floor you have to be con- manufacturers of firearms to ensure re- Standing in this room where so much his- cerned.’’ tail sellers act responsibly to prevent tory has been made, I can’t help but reflect [laughter] the diversion of guns into the illegal on lawmakers who not only made me a bet- On seniority—he invented this. It’s been market. ter Senator but a better person. And some used by many. ‘‘I used to think that senior- In 2004, the Americans for Gun Safety are here today. Many are here today. In both ity was a terrible thing when I didn’t have Foundation released a report based on parties. Others—too many others—are any.’’ trace data introduced into evidence in present in memory only. I think of Everett [laughter] Dirksen and Hubert Humphrey and Barry After his 1996 campaign: ‘‘Elizabeth’s back a lawsuit brought against the gun in- Goldwater and Pat Moynihan, for starters. at the Red Cross and I’m walking the dog.’’ dustry by the NAACP that named the Each of them a patriot before he was a par- [laughter] gun dealers who sold the most guns tisan. And again after that same campaign, he traced to crime. Dealers that sold 200 But the Senate family is hardly limited to said, ‘‘at least Elizabeth is the president of or more crime guns from 1996 to 2000 Senators. Rod, who just spoke, and Sheila something.’’ were listed by name and location. The [laughter] Burke and Bob Lighthizer and Joyce publication of the report not only al- McCluney, thank you for uncovering me Senator Dole has worked with Senator today and for covering for me over the years. Byrd, Senator Mitchell, Senator Daschle. lowed local communities to know [laughter] And as Senator Mitchell said, Senator Dole where high trace gun dealers were op- You serve as stand-ins for hundreds of was a great advocate. I was there to witness erating, but also handed the gun indus- other dedicated staff members—many of his advocacy. But the thing about Senator try a specific list of dealers who were whom are with us today—who made me look Dole working with these three Senators that contributing the most guns to the ille- better than any artist could. Some of you I’ve mentioned was that they all said things gal market. greeted constituents or wrote press releases. in a civil fashion to each other. And I—if I In 2005 the ATF released a study that Others crafted legislation or chased down had to say in a sentence what Senator Dole found that 97 rogue gun dealers had missing Social Security checks or made cer- has meant to me, it’s this. And this is a tain that the voice of ordinary Kansans was quote. ‘‘Your political opponent does not 11,840 guns ‘‘disappear’’ from their heard in this capital city. Whatever you did, have to be your enemy.’’ We should all re- shops. These dealers accounted for 96 each of you has a place in the Senate’s his- member that, those of us who serve in public percent of the guns identified as miss- tory and always a place in my heart. office. Just because you have someone that ing from 3,083 Federal firearm licensees When I left this building ten years ago, I you’re opposed to, a particular piece of legis- that the ATF inspected. said it was up to the electorate to decide my lation, that person’s not an enemy. Over the last few years, crime gun future address. And in their wisdom, they de- So, Senator Dole, on behalf of the Reid tracing has produced a great deal of cided they’d rather see me in commercials Family, the Senate Family and our country, valuable information on how the ille- than in the Oval Office. thank you very much for your service. [laughter] [laughter] gal gun market is supplied. A small And I have discovered that there is, indeed, I would ask that Senator Dole, Elizabeth number of rogue gun dealers are play- life after the Senate. Dole come forward; Robin Dole, his daugh- ing a tremendous role in aiding gun

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crimes by supplying thousands of guns By fiscal year, in millions of dollars— treaty obligations. CBO has determined that to the criminal market. We must use because this bill would implement the Addi- 2007 2008 2009 2010 2011 this type of information to help point tional Protocol, it falls within that exclu- the way to policies that keep guns out CHANGES IN SPENDING SUBJECT TO APPROPRIATION sion. CBO has thus not reviewed the bill for Estimated Authorization Level .. 23 13 13 13 13 intergovernmental or private sector man- of the hands of criminals. Estimated Outlays...... 17 15 14 13 13 dates. Previous CBO Estimate: On August 10, 2006, f Basis of estimate: Enacting S. 2489 would CBO transmitted an estimate for S. 3709, a enable government agencies to implement bill to exempt from certain requirements of the Additional Protocol. Specifically, the COST ESTIMATES the Atomic Energy Act of 1954 United States bill would: exports of nuclear materials, equipment, and Mr. LUGAR. Mr. President, I ask Authorize government agencies to conduct technology to India, and to implement the unanimous consent for three cost esti- vulnerability assessments at government United States Additional Protocol, as or- and commercial facilities, dered reported on July 20, 2006. Title II of mates from the Congressional Budget Designate government agencies to provide Office to be printed in the RECORD. that bill is identical to S. 2489, and the esti- outreach programs to the commercial facili- mated costs are the same in both estimates. These estimates are for three impor- ties and to issue regulations in order to im- At the request of the Senate Committee on plement the provisions of the Additional tant bills which the Committee on For- Foreign Relations, CBO prepared an analysis Protocol, eign Relations has already reported to of the costs associated with ratifying the the Senate. They are S. 2489, S. 3709, Authorize the federal government to seek search warrants when the owner of a com- Protocol Additional to the Agreement Be- and S. 3722. mercial facility refuses to give consent for tween the United States of America and the The Standing Rules of the Senate re- inspection by the IAEA, and International Atomic Energy Agency Re- quire that committee reports on bills Set guidelines for the IAEA to conduct en- garding Safeguards in the United States or joint resolutions contain cost esti- vironmental sampling at government and (Treaty Document 107–7). In that analysis, dated March 5, 2004, CBO estimated that one- mates for such legislation. commercial facilities. CBO expects that most of the assessments time costs to the U.S. government for imple- When the Committee on Foreign Re- would be performed by the Department of menting the Additional Protocol would total lations reported these bills earlier this Defense (DoD) and the Department of Energy between $20 million and $30 million, and re- year, the committee had not received (DOE) at universities, fuel-fabrication curring costs would total between $10 million the Congressional Budget Office’s cost plants, and commercial manufacturing sites and $15 million a year, assuming appropria- estimates. currently working on DoD projects, as well tion of the estimated amounts. Those esti- as DOE labs. Although DoD and DOE already mated costs are similar to the costs de- There being no objection, the mate- scribed in this estimate. rial was ordered to be printed in the have the authority to perform such assess- ments, CBO believes that those agencies will Estimate Prepared by: Federal Costs: Ray- RECORD, as follows: not perform these assessments unless S. 2489 mond J. Hall; Impact on State, Local, and CONGRESSIONAL BUDGET OFFICE COST is enacted. Based on information from those Tribal Governments: Melissa Merrell; Impact ESTIMATE two departments, CBO estimates that the on the Private Sector: Tyler Kruzich. S. 2489—U.S. Additional Protocol Implementa- Department of Defense would conduct about Estimate Approved by: Robert A. Sun- tion Act 50 assessments a year, while the Department shine, Assistant Director for Budget Anal- of Energy would conduct about 50 assess- ysis. Summary: S. 2489 would implement the ob- ments in 2007 and about 10 assessments each ligations of the United States under the Pro- year thereafter, at an average cost of about CONGRESSIONAL BUDGET OFFICE COST tocol Additional to the Agreement between $200,000 per assessment. Accordingly, CBO es- ESTIMATE the United States of America and the Inter- timates that conducting vulnerability as- national Atomic Energy Agency (IAEA) for S. 3709—A bill to exempt from certain require- sessments would cost $15 million in 2007 and the Application of Safeguards in the United ments of the Atomic Energy Act of 1954 $65 million over the 2007–2011 period, assum- States of America (hereafter called the Addi- United States Exports of nuclear materials, ing appropriation of the estimated amounts. equipment, and technology to India, and to tional Protocol). The Additional Protocol CBO expects that most of the outreach ef- was signed by the United States in 1998 and implement the United States Additional Pro- forts would be performed by the Department tocol ratified by the Senate in 2004 (Treaty Docu- of Commerce (DOC). DOC is developing a new ment 107–7). The bill would authorize govern- database to support the reporting require- Summary: S. 3709 would exempt India from ment agencies to conduct vulnerability as- ments of the Additional Protocol. The de- the current-law prohibition on the transfer sessments at government and commercial fa- partment also would conduct outreach, of nuclear materials and technology to coun- cilities to protect national security inter- training, and inspection support programs at tries that are not signatories to the Treaty ests. The bill also would authorize the U.S. commercial facilities. CBO anticipates that on the Non-Proliferation of Nuclear Weap- government to seek search warrants when the Nuclear Regulatory Commission’s ons. In addition, S. 3709 would implement the owners of commercial facilities bar the gov- (NRC’s) staff would revise regulations to in- obligations of the United States under the ernment from entering the location in sup- clude the new requirements for imple- Protocol Additional to the Agreement be- port of the IAEA inspections and would es- menting the Additional Protocol and would tween the United States of America and the tablish guidelines for conducting environ- prepare guidance documents for its commer- International Atomic Energy Agency (IAEA) mental sampling at both government and cial licensees to prepare for the IAEA inspec- for the Application of Safeguards in the commercial locations. tions. Under current law, 90 percent of the United States of America (hereafter called CBO estimates that implementing S. 2489 additional costs for the NRC would be cov- the Additional Protocol). would cost $17 million in 2007 and $72 million ered by fees paid by operators of nuclear CBO estimates that implementing S. 3709 over the 2007–2011 period, assuming appro- power plants. Based on information provided would cost $17 million in 2007 and $72 million priation of the necessary amounts. Enacting by DOC and NRC, CBO estimates that the over the 2007–2011 period, assuming appro- the bill would not affect direct spending or net cost of these efforts would be $2 million priation of the necessary amounts. Enacting receipts. in 2007 and $7 million over the 2007–2011 pe- the bill would not affect direct spending or Section 4 of the Unfunded Mandates Re- riod. receipts. form Act (UMRA) excludes from the applica- CBO expects that most facilities would co- Section 4 of the Unfunded Mandates Re- tion of that act any legislative provisions operate with the inspections and that the form Act (UMRA) excludes from the applica- that are necessary for the ratification or im- costs to seek and execute warrants required tion of that act any legislative provisions plementation of international treaty obliga- under the bill would be insignificant. Also, that are necessary for the ratification or im- tions. CBO has determined that because this based on information from the State Depart- plementation of international treaty obliga- bill would implement the Additional Pro- ment, CBO believes that the IAEA would not tions. CBO has determined that because title tocol, it falls within that exclusion. CBO has be able to conduct environmental sampling II of this bill would implement the Addi- thus not reviewed the bill for intergovern- at government or commercial facilities be- tional Protocol, it falls within that exclu- mental or private-sector mandates. cause the United States, as a lawful nuclear sion. Other provisions of the bill contain no Estimated cost to the Federal Govern- weapons state, would forbid such sampling intergovernmental or private-sector man- ment: The estimated budgetary impact of S. under existing treaty rights. Thus, CBO esti- dates and would not affect the budgets of 2489 is shown in the following table. The mates that the U.S. government would incur state, local, or tribal governments. costs would fall within budget functions 050 no costs related to such sampling. Estimated Cost to the Federal Govern- (national defense), 270 (energy), and 370 Intergovernmental and Private-Sector Im- ment: The estimated budgetary impact of S. (commerce and housing credit). CBO assumes pact: Section 4 of the UMRA excludes from 3709 is shown in the following table. The that the bill will be enacted near the start of the application of that act any legislative costs would fall within budget functions 050 fiscal year 2007 and that the estimated provisions that are necessary for the ratifi- (national defense), 270 (energy), and 370 amounts will be appropriated each year. cation or implementation of international (commerce and housing credit).

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By fiscal year, in millions of dollars— 2007 2008 2009 2010 2011

CHANGES IN SPENDING SUBJECT TO APPROPRIATION Estimated Authorization Level ...... 23 13 13 13 13 Estimated Outlays ...... 17 15 14 13 13

Basis of Estimate: CBO assumes that the costs to seek and execute warrants required the U.S. Additional Protocol Implementa- bill will be enacted near the start of fiscal under the bill would be insignificant. Also, tion Act. That bill contains provisions that year 2007 and that the estimated amounts based on information from the State Depart- are identical to those in title II of S. 3709, will be appropriated each year. ment, CBO believes that the IAEA would not and the estimated costs are the same in both U.S. Additional Protocol Implementation (title be able to conduct environmental sampling estimates. II) at government or commercial facilities be- On July 13, 2006, CBO transmitted a cost Enacting title II of S. 3709 would enable cause the United States, as a lawful nuclear estimate for H.R. 5682, the United States and government agencies to implement the Addi- weapons state, would forbid such sampling India Nuclear Cooperation Promotion Act of tional Protocol. Specifically, the bill would: under existing treaty rights. Thus, CBO esti- 2006, as ordered reported by the House Com- Authorize government agencies to conduct mates that the U.S. government would incur mittee on International Relations on June vulnerability assessments at government no costs related to such sampling. 27, 2006. That bill contains provisions that and commercial facilities, Designate govern- United States-India Peaceful Atomic Energy Co- are very similar to those in title I of S. 3709, ment agencies to provide outreach programs operation (title I) and the estimated costs are the same in both to the commercial facilities and to issue reg- Under title I of this bill, the United States estimates. ulations in order to implement the provi- could transfer nuclear material and tech- At the request of the Senate Committee on sions of the Additional Protocol, Authorize nology to India, subject to an agreement be- Foreign Relations, CBO prepared an analysis the federal government to seek search war- tween the two countries, if the President of the costs associated with ratifying the rants when the owner of a commercial facil- certifies that India meets certain conditions. Protocol Additional to the Agreement Be- ity refuses to give consent for inspection by Those conditions would require India to: tween the United States of America and the the IAEA, and Set guidelines for the IAEA to Provide a credible plan to separate civilian International Atomic Energy Agency Re- conduct environmental sampling at govern- and military nuclear facilities, Conclude an garding Safeguards in the United States ment and commercial facilities. agreement with the International Atomic (Treaty Document 107–7). In that analysis, CBO expects that most of the assessments Energy Agency, Work actively with the dated March 5, 2004, CBO estimated that one- would be performed by the Department of United States to conclude a multilateral time costs to the U.S. government for imple- Defense (DoD) and the Department of Energy treaty to stop the production of fissile mate- menting the Additional Protocol would total (DOE) at universities, fuel-fabrication rials for use in nuclear weapons or other nu- between $20 million and $30 million, and re- plants, and commercial manufacturing sites clear explosive devices, Support efforts of curring costs would total between $10 million currently working on DoD projects, as well and $15 million a year, assuming appropria- as DOE labs. Although DoD and DOE already the international community to prevent pro- liferation of nuclear enrichment and reproc- tion of the estimated amounts. Those esti- have the authority to perform such assess- mated costs are similar to the costs de- ments, CBO believes that those agencies will essing technology, and Gain the consensus support of the Nuclear Suppliers Group, an scribed in this estimate. not perform these assessments unless S. 2489 Estimate prepared by: Federal Costs: Ray- is enacted. Based on information from those organization of countries with nuclear capa- bilities, for trade in items covered by its mond J. Hall and Sam Papenfuss, Impact on two departments, CBO estimates that the State, Local, and Tribal Governments: Me- Department of Defense would conduct about guidelines. lissa Merrell, Impact on the Private Sector: 50 assessments a year, while the Department Additionally, in the event an agreement is Tyler Kruzich. of Energy would conduct about 50 assess- reached for nuclear cooperation between ments in 2007 and about 10 assessments each India and the United States, the bill would Estimate approved by: Robert A. Sunshine, year thereafter, at an average cost of about require the President to submit a report de- Assistant Director for Budget Analysis. $200,000 per assessment. Accordingly, CBO es- tailing the basis for determining that India timates that conducting vulnerability as- meets all the necessary requirements and to CONGRESSIONAL BUDGET OFFICE COST sessments would cost $15 million in 2007 and inform the appropriate committees of any ESTIMATE $65 million over the 2007–2011 period, assum- significant nuclear activities of India. The S. 3722—Naval Vessels Transfer Act of 2006 ing appropriation of the estimated amounts. bill also would require that the agreement be CBO expects that most of the outreach ef- approved by a joint resolution of the two Summary: S. 3722 would authorize the forts would be performed by the Department Houses of Congress that has been enacted transfer of 10 naval vessels to foreign coun- of Commerce (DOC). DOC is developing a new into law. And finally, the bill would require tries: five by grant and five by sale. In each database to support the reporting require- that the exemption from current-law prohi- case, the bill identifies the vessel, the type of ments of the Additional Protocol. The de- bition would cease to be effective if India transfer, and the recipient country. The au- partment also would conduct outreach, detonates a nuclear explosive device after thority to transfer those vessels would ex- training, and inspection support programs at the date of the enactment of this bill. pire two years after enactment. commercial facilities. CBO anticipates that CBO estimates that implementing title I of CBO estimates the specified sales would in- the Nuclear Regulatory Commission’s this bill would have no significant impact on crease offsetting receipts by $60 million over (NRC’s) staff would revise regulations to in- the federal budget. the 2007–2008 period. (Asset sale receipts are clude the new requirements for imple- Intergovernmental and Private-Sector Im- a credit against direct spending.) menting the Additional Protocol and would pact: Section 4 of UMRA excludes from the S. 3722 contains no intergovernmental or prepare guidance documents for its commer- application of that act any legislative provi- private-sector mandates as defined in the cial licensees to prepare for the IAEA inspec- sions that are necessary for the ratification Unfunded Mandates Reform Act (UMRA) and tions. Under current law, 90 percent of the or implementation of international treaty would not affect the budgets of state, local, additional costs for the NRC would be cov- obligations. CBO has determined that be- or tribal governments. ered by fees paid by operators of nuclear cause title II of this bill would implement Estimated Cost to the Federal Govern- power plants. Based on information provided the Additional Protocol, it falls within that ment: CBO’s estimate of the budgetary ef- by DOC and NRC, CBO estimates that the exclusion. Other provisions of the bill con- fects of S. 3722 are shown in the following net cost of these efforts would be $2 million tain no intergovernmental or private-sector table. The costs of this legislation fall within in 2007 and $7 million over the 2007–2011 pe- mandates and would not affect the budgets budget function 150 (international affairs). riod. of state, local, or tribal governments. For this estimate, CBO assumes that S. 3722 CBO expects that most facilities would co- Previous CBO estimate: On August 10, 2006, would be enacted near the beginning of fiscal operate with the inspections and that the CBO transmitted a cost estimate for S. 2489, year 2007.

By fiscal year, in millions of dollars— 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016

CHANGES IN DIRECT SPENDING Estimated Budget Authority ...... 0 ¥10 ¥50 0 0 0 0 0 0 0 0 Estimated Outlays ...... 0 ¥10 ¥50 0 0 0 0 0 0 0 0

Basis of estimate: S. 3722 would authorize could be transferred to designated countries mation from the Navy regarding the value of the transfer of 10 naval vessels to foreign by grant and the other five vessels could be these ships and recent experience with ac- countries. Under the act, five specific vessels sold to specified countries. Based on infor- tual sales and grants, CBO estimates that

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00034 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9893 the sales would increase offsetting receipts was fortunate to meet one of these he- still in his teens, John Ripley Forbes by $10 million in 2007 and $60 million over the roes during a visit to the Meskwaki guided visitors through his personal 2007–2008 period. settlement a couple years ago. Frank nature collection at the Bruce Museum Intergovernmental and private-sector im- Sanache was modest and soft spoken of Arts and Sciences in Greenwich, CT. pact: S. 3722 contains no intergovernmental After studying zoology and ornithology or private-sector mandates as defined in about his heroism. But history has re- UMRA and would not affect the budgets of corded his deeds in battle. And his for a time at Iowa State University and state, local, or tribal governments. passing was a loss to all of us who Bowdoin College, he worked as an orni- Estimate prepared by: Federal Costs: Sam knew and respected him. thological collector on explorer Donald Papenfuss. In January of 1941, Frank and seven Baxter MacMillan’s 1937 expedition to Impact on State, Local, and Tribal Govern- other Meskwaki tribal members—Ed- Baffin Island. Fifty years later, in 1987, ments: Melissa Merrell. ward Benson, Dewey Roberts, Dewey Bowdoin would award him an honorary Impact on Private Sector: Victoria Liu. Youngbear, Mike Twin, Jude Wayne doctorate degree. Estimate approved by: Peter H. Fontaine, Wabaunasee, Mike Wayne Wabaunasee, Mr. Forbes continually combined his Deputy Assistant Director for Budget Anal- knowledge and experience as a natu- ysis. and Willard Sanache—enlisted in the Iowa National Guard. They were re- ralist with his enthusiastic focus on f cruited for code talker training, and children’s education. After Hornaday’s death, John established and presided SPACE SHUTTLE ‘‘ATLANTIS’’ STS– served in the 168th Infantry, 34th Divi- over the William T. Hornaday Founda- 115 MISSION sion. In the Second World War, commu- tion to underwrite children’s museums Mr. NELSON of Florida. Mr. Presi- around the United States. The organi- nication in Native American languages dent, today, September 21, 2006, zation became one of John’s legacies, proved to be the perfect tool for frus- marked the successful conclusion of the Natural Science for Youth Founda- trating enemy eavesdropping. Indian the STS–115 Space Shuttle Atlantis mis- tion. He also worked to build museums languages were used to develop mili- sion with its safe landing at the Ken- from Naples, FL, to Sacramento, CA. nedy Space Center in Florida. This 12- tary codes that were difficult to inter- In each one, he created fascinating op- day mission was the 116th shuttle mis- cept and impossible to break. This is portunities for children to experience sion and the 19th to visit the Inter- ironic, because in the years prior to the nature whether through habitat trails, national Space Station. STS–115 war, the Meskwaki and other tribes wildlife preserves, or even animal lend- marked the resumption of Inter- had been under constant pressure to ing libraries, which allowed children to national Space Station construction abandon their traditional languages ‘‘check out’’ small animals for a few for the first time since 2002. The and cultures. days at a time. During his years of Atlantis crew delivered and installed a The use of these codes is credited work through the foundation and large space station truss segment, two with saving countless lives. Until re- whenever opportunities arose, Mr. solar arrays and associated equipment, cently, however, only the Navajos and Forbes helped found and build a na- significantly increasing the electrical the Navajo code were given broad rec- tional network of over 200 children’s power generation capability on the ognition and credit. But, in fact, at museums and nature centers where, space station. STS–115 included three least 17 other tribes, including Iowa’s frequently, exhibits interact with visi- critical spacewalks to install the truss Meskwaki, served as code talkers dur- tors as much as the visitors interact and solar panels, laying the ground- ing the Second World War. with them. work for the future doubling in size of Congress has already recognized the John Ripley Forbes was known for the space station. courageous service of Navajo code talk- his ability to charm donations from I applaud the skill, bravery, and ac- ers. And by passing S. 1035, the Code even the most intimidating people. His complishments of the STS–115 crew— Talkers Recognition Act, last night, we wife explained, ‘‘He would meet some Commander Brent Jett, pilot Chris- are recognizing the service and sac- of these people like the Rockefellers, topher Ferguson, and space walking rifice of all the code talkers and award- and they were just enchanted with his mission specialists Daniel Burbank, ing congressional commemorative enthusiasm to do the right thing.’’ He Steven MacLean, Heidemarie medals to these heroes. used this charisma for more than con- Stefanyshyn-Piper, and Joseph Tanner. I thank Senators FRIST, SHELBY, and tributions. Mr. Forbes served at mili- This successfu mission is a testament SARBANES for allowing this important tary bases in Alabama and Tennessee to the thousands of people who work on and historic legislation to move for- during World War II and supported re- the Space Shuttle and Space Station ward and the bipartisan effort from turned airmen through simple fishing Programs. Senators INHOFE, JOHNSON, THUNE, and trips or nature walks. In his spare We must continue to fly space shut- GRASSLEY in gaining 79 cosponsors. time, he would work with established tle in order to complete the construc- f natural history museums to fill new children’s museums with thousands of tion of the International Space Sta- ADDITIONAL STATEMENTS tion, honor commitments to our inter- donated specimens. He also used his boundless energy national partners, and utilize this lab- and charm to preserve nature in its oratory for its intended purpose—ex- TRIBUTE TO JOHN RIPLEY original form. Shortly after moving to tending our presence in space and in- FORBES Georgia in 1971, he became focused on creasing our understanding of the ∑ Mr. CHAMBLISS. Mr. President, the preservation of Atlanta’s shrinking space environment for future explorers. today I wish to honor the memory of natural habitats. Mr. Forbes founded Equally important, we must work to- an extraordinary naturalist, conserva- the Southeast Land Preservation Trust gether to preserve the workforce that tionist, educator, father, and husband to shield green space from a rapidly will soon become the backbone of the who devoted his life to sharing his love growing real estate market and was de- new Orion crew exploration vehicle and of nature with communities across the termined to reason with developers and the next human space project. country. John Ripley Forbes lived in work out solutions that were mutually f Georgia for over 30 years, and Geor- beneficial. gians of all ages have been blessed by John Ripley Forbes exercised his pas- CODE TALKERS RECOGNITION ACT his delightful approach to nature, sion for education and preservation Mr. HARKIN. Mr. President, this is a science, and learning. through these many projects, and our historic day. Last night we passed S. Mr. Forbes was born in Massachu- future generations will reap and enjoy 1035, the Code Talkers Recognition Act. setts in 1913. From a very early age, he the results. I am grateful to people like As my fellow Senate colleagues may was fascinated during nature walks him who, with their enthusiasm and know, code talkers played a unique with his father and knew that he want- energy, make a difference in the com- role in our battlefield successes by ed to study nature for the rest of his munity and in the lives of others. His transmitting commands and messages life. At the age of 14, he became the legacy will live for many generations in their native language, which, of protege of his neighbor, famed natu- through the work and accomplish- course, completely baffled the enemy. I ralist William Temple Hornaday. While ments he left behind.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00035 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9894 CONGRESSIONAL RECORD — SENATE September 21, 2006 John Ripley Forbes is survived by his company received the Cox Century from the President of the United wife Margaret, his son Ernest Ripley Award. Representatives of the Cox States, together with an accompanying Forbes of Alexandria, VA, his daughter Family Enterprise Center at the Coles report; which was referred to the Com- Anne Forbes Spengler of Atlanta, and College of Business at Kennesaw State mittee on Banking, Housing, and two grandchildren. University present the Cox Century Urban Affairs: I join with them and all Georgians in Award to Georgia businesses based on To the Congress of the United States: mourning his passing and remembering their commitments to business and Section 202(d) of the National Emer- and appreciating the contribution he family, contributions to their industry gencies Act (50 U.S.C. 1622(d)) provides made to our communities, our State, and community, multigenerational for the automatic termination of a na- and to the lives of the many people he family involvement, and innovative tional emergency unless, prior to the touched.∑ business practices and strategies. anniversary date of its declaration, the f The history of the Patten Seed Com- pany dates back to 1893 when R.L. Pat- President publishes in the Federal Reg- TRIBUTE TO DOROTHY C. ten and his brother W.F. Patten opened ister and transmits to the Congress a STRATTON a general store in Lakeland, GA. After notice stating that the emergency is to ∑ Mr. LUGAR. Mr. President, today I much success with the general store, continue in effect beyond the anniver- honor and remember Dorothy C. Strat- Lawson Patten, R.L’s son, began to op- sary date. In accordance with this pro- ton, founder of the Women’s Reserve erate a seed cleaning business out of vision, I have sent the enclosed notice for the Coast Guard during World War one of his father’s warehouses in 1947. to the Federal Register for publication, II and a strong proponent of women’s In 1954, Patten Seed Company was in- stating that the national emergency education throughout her lifetime. corporated and over the last 52 years with respect to persons who commit, Dr. Stratton became the first full- has become a household name in the threaten to commit, or support ter- time Dean of Women at Purdue Univer- turfgrass, sod, and seed industry. rorism is to continue in effect beyond sity in 1933. During her tenure at Pur- Patten Seed Company’s expansive op- September 23, 2006. The most recent no- due, Dr. Stratton saw the enrollment eration covers 25 facilities across four tice continuing this emergency was of women students increase from 500 to States and has over 15,000 acres of grass published in the Federal Register on over 1,400. In addition, a liberal science seed and sod farm land in the South- September 22, 2005 (70 FR 55703). program for women in the School of east. Sod from Patten Seed Company The crisis constituted by the grave Science was inaugurated, three modern can be found in many places, from acts of terrorism and threats of ter- residence halls for women were con- small South Georgia lawns to the rorism committed by foreign terror- structed, and an employment place- Atlantis Resort in the Bahamas. ists, including the terrorist attacks in ment center for Purdue women was in- I am sincerely proud of the recogni- New York, in Pennsylvania, and stituted. tion that has been accorded to Patten against the Pentagon of September 11, In 1942, she was commissioned a sen- Seed Company. Lakeland, GA, where 2001, and the continuing and immediate ior lieutenant in the U.S. Navy. Later Patten Seed Company originated, is threat of further attacks on United in 1942, she transferred to the U.S. not too far from my hometown of States nationals or the United States Coast Guard where she created and be- Moultrie. I see signs for one of Patten that led to the declaration of a na- came the first director of the Women’s Seed Company’s subsidiaries, tional emergency on September 23, Reserve of the U.S. Coast Guard in SuperSod, whenever I drive north or 2001, has not been resolved. These ac- World War II. Upon being named direc- south on Interstate 75. tions pose a continuing unusual and ex- tor, she was promoted to lieutenant The success of agribusinesses like traordinary threat to the national se- commander in 1942 and advanced to Patten Seed Company, which operates curity, foreign policy, and economy of commander in January 1944 and to the not only in Georgia but throughout the the United States. For these reasons, I grade of captain 1 month later. She was Southeast, is newsworthy. I thank my have determined that it is necessary to awarded the Legion of Merit medal for colleagues for giving me the oppor- continue the national emergency de- her contributions to women in the tunity to recognize this great agri- clared with respect to persons who military upon retirement in 1946. business.∑ commit, threaten to commit, or sup- Dr. Stratton then became the first f port terrorism, and maintain in force director of personnel at the Inter- the comprehensive sanctions to re- MESSAGES FROM THE PRESIDENT national Monetary Fund followed by spond to this threat. service as executive director of the Girl Messages from the President of the GEORGE W. BUSH. Scouts of the U.S.A. She was the United States were communicated to THE WHITE HOUSE, September 21, 2006. United Nations representative of the the Senate by Ms. Evans, one of his f International Federation of University secretaries. MESSAGES FROM THE HOUSE Women and chairman of the Women’s f Committee within the President’s Commission on Employment of the EXECUTIVE MESSAGES REFERRED Handicapped. As in executive session the Presiding ENROLLED BILL SIGNED Please join me in honor and remem- Officer laid before the Senate messages At 9:30 a.m., a message from the brance of Dorothy C. Stratton. I offer from the President of the United House of Representatives, delivered by my deep condolences to all her family States submitting sundry nominations Ms. Niland, one of its reading clerks, and friends, and to the many who have which were referred to the appropriate announced that the Speaker had signed been inspired and touched by all that committees. the following enrolled bill: she has given.∑ (The nominations received today are H.R. 5684. An act to implement the United f printed at the end of the Senate pro- States-Oman Free Trade Agreement. ceedings.) PATTEN SEED COMPANY The enrolled bill was subsequently f signed by the President pro tempore ∑ Mr. CHAMBLISS. Mr. President, it is (Mr. STEVENS). with great pride that today I honor the REPORT ON THE CONTINUATION OF THE NATIONAL EMERGENCY past and recent success of a great agri- At 1:01 p.m., a message from the WITH RESPECT TO PERSONS business in my home State of Georgia, House of Representatives, delivered by WHO COMMIT, THREATEN TO Patten Seed Company. Patten Seed Ms. Niland, one of its reading clerks, COMMIT, OR SUPPORT TER- Company was recently named the 2006 announced that the House has passed RORISM THAT WAS ESTAB- Agribusiness of the Year by South the following bills, in which it requests LISHED IN EXECUTIVE ORDER Georgia Business magazine for its con- the concurrence of the Senate: tinued success in the agribusiness com- 13224 ON SEPTEMBER 21, 2006—PM 56 H.R. 2334. An act to amend the Reclama- munity. tion Wastewater and Groundwater Study and The lasting success of Patten Seed The PRESIDING OFFICER laid be- Facilities Act to authorize the Secretary of Company was also recognized when the fore the Senate the following message the Interior to participate in the design,

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00036 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9895 planning, and construction of permanent fa- H.R. 6095. An act to affirm the inherent au- passageway between the United States and cilities for the GREAT project to reclaim, thority of State and local law enforcement another country; to the Committee on the reuse, and treat impaired waters in the area to assist in the enforcement of immigration Judiciary. of Oxnard, California. laws, to provide for effective prosecution of H.R. 5450. An act to provide for the Na- H.R. 4586. An act to extend the life of the alien smugglers, and to reform immigration tional Oceanic and Atmospheric Administra- Benjamin Franklin Tercentenary Commis- litigation procedures. tion, and for other purposes; to the Com- sion. The message also announced that the mittee on Commerce, Science, and Transpor- tation. H.R. 4653. An act to repeal a prohibition on House disagrees to the amendment of the use of certain funds for tunneling in cer- H.R. 5664. To designate the facility of the tain areas with respect to the Los Angeles to the Senate to the bill (H.R. 5441) mak- United States Postal Service located at 110 San Fernando Valley Metro Rail project, ing appropriations for the Department Cooper Street in Babylon, New York, as the California. of Homeland Security for the fiscal ‘‘Jacob Samuel Fletcher Post Office Build- H.R. 4768. An act to designate the facility year ending September 30, 2007, and for ing’’; to the Committee on Homeland Secu- of the United States Postal Service located other purposes; it agrees to the con- rity and Governmental Affairs. at 777 Corporation Street in Beaver, Pennsyl- ference asked by the Senate on the dis- H.R. 6094. An act to restore the Secretary vania, as the ‘‘Robert Linn Memorial Post agreeing votes of the two Houses there- of Homeland Security’s authority to detain Office Building’’. dangerous aliens, to ensure the removal of H.R. 4844. An act to amend the Help Amer- on, and appoints Mr. ROGERS of Ken- deportable criminalaliens, and combat alien ica Vote Act of 2002 to require each indi- tucky, Mr. WAMP, Mr. LATHAM, Mrs. gang crime; to the Committee on the Judici- vidual who desires a vote in an election for EMERSON, Mr. SWEENEY, Mr. KOLBE, ary. Federal office to provide the appropriate Mr. ISTOOK, Mr. CRENSHAW, Mr. CAR- H.R. 6095. An act to affirm the inherent au- election official with a government-issued TER, Mr. LEWIS of California, Mr. SABO, thority of State and local law enforcement photo identification, and for other purposes. Mr. PRICE of North Carolina, Mr. to assist in the enforcement of immigration laws, to provide for effective prosecution of H.R. 4957. An act to direct the Secretary of SERRANO, Ms. ROYBAL-ALLARD, Mr. the Interior to convey the Tylersville divi- alien smugglers, and to reform immigration BISHOP of Georgia, Mr. BERRY, Mr. sion of the Lamar National Fish Hatchery litigation procedures; to the Committee on and Fish Technology Center to the State of EDWARDS, and Mr. OBEY, as managers the Judiciary. Pennsylvania, and for other purposes. of the conference on the part of the The following bill was read, and re- H.R. 5450. An act to provide for the Na- House. ferred as indicated: tional Oceanic and Atmospheric Administra- The message further announced that H.R. 2965. An act to amend title 18, United tion, and for other purposes. the House disagrees to the amendment States Code, to require Federal Prison Indus- H.R. 5664. An act to designate the facility of the Senate to the bill (H.R. 5631) tries to compete for its contracts minimizing of the United States Postal Service located making appropriations for the Depart- its unfair competition with private sector at 110 Cooper Street in Babylon, New York, ment of Defense for the fiscal year end- firms and their non-inmate workers and em- as the ‘‘Jacob Samuel Fletcher Post Office powering Federal agencies to get the best Building’’. ing September 30, 2007, and for other purposes; it agrees to the conference value for taxpayers’ dollars, to provide a The message also announced that the asked by the Senate on the disagreeing five-year period during which Federal Prison House passed the following bills, with- votes of the two Houses thereon, and Industries adjusts to obtaining inmate work out amendment: opportunities through other than its manda- appoints Mr. YOUNG of Florida, Mr. tory source status, to enhance inmate access S. 260. An act to authorize the Secretary of HOBSON, Mr. BONILLA, Mr. FRELING- the Interior to provide technical and finan- to remedial and vocational opportunities and HUYSEN, Mr. TIAHRT, Mr. WICKER, Mr. cial assistance to private landowners to re- other rehabilitative opportunities to better store, enhance, and manage private land to KINGSTON, Ms. GRANGER, Mr. LAHOOD, prepare inmates for a successful return to so- improve fish and wildlife habitats through Mr. LEWIS of California, Mr. MURTHA, ciety, to authorize alternative inmate work the Partners for Fish and Wildlife Program. Mr. DICKS, Mr. SABO, Mr. VISCLOSKY, opportunities in support of non-profit orga- S. 418. An act to protect members of the Mr. MORAN of Virginia, Ms. KAPTUR, nizations and other public service programs, and for other purposes; to the Committee on Armed Forces from unscrupulous practices and Mr. OBEY, as managers of the con- regarding sales of insurance, financial, and ference on the part of the House. the Judiciary. investment products. f f S. 1025. An act to amend the Act entitled MEASURES PLACED ON THE ‘‘An Act to provide for the construction of MEASURES REFERRED the Cheney division, Wichita Federal rec- CALENDAR lamation project, Kansas, and for other pur- The following bills were read the first The following bill was read the sec- poses’’ to authorize the Equus Beds Division and the second times by unanimous ond time, and placed on the calendar: of the Wichita Project. consent, and referred as indicated: H.R. 503. An act to amend the Horse Pro- The message further announced that H.R. 2334. To amend the Reclamation tection Act to prohibit the shipping, trans- the House agrees to the amendment of Wastewater and Groundwater Study and Fa- porting, moving, delivering, receiving, pos- the Senate to the bill (H.R. 3858) to cilities Act to authorize the Secretary of the sessing, purchasing, selling, or donation of amend the Robert T. Stafford Disaster Interior to participate in the design, plan- horses and other equines to be slaughtered Relief and Emergency Assistance Act ning, and construction of permanent facili- for human consumption, and for other pur- ties for the GREAT project to reclaim, reuse, poses. to ensure that State and local emer- and treat impaired waters in the area of gency preparedness operational plans The following bill was read the first Oxnard, California; to the Committee on En- and second times by unanimous con- address the needs of individuals with ergy and Natural Resources. household pets and service animals fol- H.R. 4586. To extend the life of the Ben- sent, and placed on the calendar: lowing a major disaster or emergency. jamin Franklin Tercentenary Commission; H.R. 4957. To direct the Secretary of the In- to the Committee on Energy and Natural Re- terior to convey the Tylersville division of At 5:13 p.m., a message from the sources. the Lamar National Fish Hatchery and Fish House of Representatives, delivered by H.R. 4653. An act to repeal a prohibition on Technology Center to the State of Pennsyl- vania, and for other purposes. Mr. Hays, one of its reading clerks, an- the use of certain funds for tunneling in cer- nounced that the House has passed the tain areas with respect to the Los Angeles to f San Fernando Valley Metro Rail project, following bills, in which it requests the California; to the Committee on Banking, MEASURES READ THE FIRST TIME concurrence of the Senate: Housing, and Urban Affairs. The following bill was read the first H.R. 4830. An act to amend chapter 27 of H.R. 4768. An act to designate the facility time: title 18, United States Code, to prohibit the of the United States Postal Service located S. 3925. A bill to provide certain authori- unauthorized construction, financing, or at 777 Corporation Street in Beaver, Pennsyl- ties for the Secretary of State and the reckless permitting (on one’s land) the con- vania, as the ‘‘Robert Linn Memorial Post Broadcasting Board of Governors, and for struction or use of a tunnel or subterranean Office Building’’; to the Committee on other purposes. passageway between the United States and Homeland Security and Governmental Af- another country. fairs. f H.R. 6094. An act to restore the Secretary H.R. 4830. An act to amend chapter 27 of EXECUTIVE AND OTHER of Homeland Security’s authority to detain title 18, United States Code, to prohibit the COMMUNICATIONS dangerous aliens, to ensure the removal of unauthorized construction, financing, or deportable criminal aliens, and combat alien reckless permitting (on one’s land) the con- The following communications were gang crime. struction or use of a tunnel or subterranean laid before the Senate, together with

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00037 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9896 CONGRESSIONAL RECORD — SENATE September 21, 2006 accompanying papers, reports, and doc- mitting, pursuant to law, the report of (2) of- Rodger A. Heaton, of Illinois, to be United uments, and were referred as indicated: ficers authorized to wear the insignia of the States Attorney for the Central District of grade of rear admiral (lower half) in accord- Illinois for the term of four years. EC–8390. A communication from the Prin- ance with title 10, United States Code, sec- cipal Deputy Associate Administrator, Office (Nominations without an asterisk tion 777; to the Committee on Armed Serv- of Policy, Economics and Innovation, Envi- were reported with the recommenda- ices. ronmental Protection Agency, transmitting, EC–8401. A communication from the Sec- tion that they be confirmed.) pursuant to law, the report of a rule entitled retary of the Treasury, transmitting, pursu- f ‘‘Buprofezin; Pesticide Tolerance’’ (FRL No. ant to law, a six-month periodic report rel- 8092–2) received on September 20, 2006; to the INTRODUCTION OF BILLS AND ative to the national emergency and related Committee on Agriculture, Nutrition, and measures blocking property of persons un- JOINT RESOLUTIONS Forestry. dermining democratic processes or institu- EC–8391. A communication from the Prin- The following bills and joint resolu- tions in Zimbabwe that was declared in Ex- cipal Deputy Associate Administrator, Office tions were introduced, read the first ecutive Order 13288; to the Committee on of Policy, Economics and Innovation, Envi- and second times by unanimous con- Banking, Housing, and Urban Affairs. sent, and referred as indicated: ronmental Protection Agency, transmitting, EC–8402. A communication from the Sec- pursuant to law, the report of a rule entitled retary of the Treasury, transmitting, pursu- By Mr. SESSIONS: ‘‘Ethaboxam; Pesticide Tolerance’’ (FRL No. ant to law, a six-month periodic report rel- S. 3916. A bill to expand the boundaries of 8091–5) received on September 20, 2006; to the ative to the national emergency declared in the Cahaba River National Wildlife Refuge, Committee on Agriculture, Nutrition, and Executive Order 13224; to the Committee on and for other purposes; to the Committee on Forestry. Banking, Housing, and Urban Affairs. Environment and Public Works. EC–8392. A communication from the Prin- By Mr. BURR: cipal Deputy Associate Administrator, Office f S. 3917. A bill to establish the American- of Policy, Economics and Innovation, Envi- REPORTS OF COMMITTEES Made Energy Trust Fund, to increase the tax ronmental Protection Agency, transmitting, credits for cellulosic biomass ethanol, to ex- pursuant to law, the report of a rule entitled The following reports of committees tend tax incentives for solar and fuel cell ‘‘Fenamidone; Pesticide Tolerance for Emer- were submitted: property, to promote coal-to-liquid fuel ac- gency Exemption’’ (FRL No. 8093–3) received By Mr. INHOFE, from the Committee on tivities, to direct the Secretary of the Inte- on September 20, 2006; to the Committee on Environment and Public Works, with an rior to establish and implement a competi- Agriculture, Nutrition, and Forestry. amendment in the nature of a substitute: tive oil and gas leasing program for the EC–8393. A communication from the Prin- S. 2781. A bill to amend the Federal Water Coastal Plain of Alaska, and for other pur- cipal Deputy Associate Administrator, Office Pollution Control Act to enhance the secu- poses; to the Committee on Finance. of Policy, Economics and Innovation, Envi- rity of wastewater treatment works (Rept. By Mrs. CLINTON (for herself, Mr. ronmental Protection Agency, transmitting, No. 109-345). SCHUMER, and Mr. KENNEDY): pursuant to law, the report of a rule entitled By Mr. ENZI, from the Committee on S. 3918. A bill to establish a grant program ‘‘Fenbuconazole; Pesticide Tolerances’’ (FRL Health, Education, Labor, and Pensions, for individuals still suffering health effects No. 8093–9) received on September 20, 2006; to without amendment: as a result of the September 11, 2001, attacks the Committee on Agriculture, Nutrition, H.R. 5074. A bill to amend the Railroad Re- in New York City and at the Pentagon; to and Forestry. tirement Act of 1974 to provide for continued the Committee on Health, Education, Labor, EC–8394. A communication from the Prin- payment of railroad retirement annuities by and Pensions. cipal Deputy Associate Administrator, Office the Department of the Treasury, and for By Mr. KERRY: of Policy, Economics and Innovation, Envi- other purposes. S. 3919. A bill to assist small business con- ronmental Protection Agency, transmitting, By Mr. INHOFE, from the Committee on cerns in complying with the Sarbanes-Oxley pursuant to law, the report of a rule entitled Environment and Public Works, without Act of 2002; to the Committee on Small Busi- ‘‘Propiconazole; Pesticide Tolerance’’ (FRL amendment: ness and Entrepreneurship. No. 8092–1) received on September 20, 2006; to H.R. 5187. A bill to amend the John F. Ken- By Mr. HATCH (for himself and Mr. nedy Center Act to authorize additional ap- the Committee on Agriculture, Nutrition, CONRAD): and Forestry. propriations for the John F. Kennedy Center S. 3920. A bill to amend part B of title EC–8395. A communication from the Prin- for the Performing Arts for fiscal year 2007. XVIII of the Social Security Act to assure cipal Deputy Associate Administrator, Office By Mr. SPECTER, from the Committee on access to durable medical equipment under of Policy, Economics and Innovation, Envi- the Judiciary, without amendment: the Medicare Program; to the Committee on S. 394. A bill to promote accessibility, ac- ronmental Protection Agency, transmitting, Finance. countability, and openness in Government pursuant to law, the report of a rule entitled By Mr. MCCAIN: ‘‘Trifloxystrobin; Pesticide Tolerance’’ (FRL by strengthening section 552 of title 5, S. 3921. A bill to modify the calculation of No. 8093–8) received on September 20, 2006; to United States Code (commonly referred to as back pay for persons who were approved for the Committee on Agriculture, Nutrition, the Freedom of Information Act), and for promotion as members of the Navy and Ma- and Forestry. other purposes. rine Corps while interned as prisoners of war By Mr. INHOFE, from the Committee on EC–8396. A communication from the Regu- during World War II to take into account Environment and Public Works, without latory Analyst, Grain Inspection, Packers changes in the Consumer Price Index; to the amendment and an amendment to the title: and Stockyards Administration, Department Committee on Armed Services. S. 3867. A bill to designate the Federal of Agriculture, transmitting, pursuant to By Ms. MURKOWSKI (for herself, Ms. courthouse located at 555 Independence law, the report of a rule entitled ‘‘United STABENOW, and Mr. AKAKA): Street, Cape Girardeau, Missouri, as the States Standards for Soybeans’’ (RIN0580– S. 3922. A bill to clarify the status of the ‘‘Rush H. Limbaugh, Sr., Federal Court- AA90) received on September 21, 2006; to the Young Woman’s Christian Association Re- house’’. Committee on Agriculture, Nutrition, and tirement Fund as a defined contribution plan Forestry. f for certain purposes; to the Committee on EC–8397. A communication from the Dep- EXECUTIVE REPORTS OF Health, Education, Labor, and Pensions. uty Chief of Legislative Affairs, Department COMMITTEES By Mr. HATCH (for himself and Mrs. of the Navy, transmitting, a report relative FEINSTEIN): to the Department’s plan to perform a stand- The following executive reports of S. 3923. A bill to establish a pilot program ard A–76 competition; to the Committee on nominations were submitted: in certain United States district courts to Armed Services. By Mr. SPECTER for the Committee on encourage enhancement of expertise in pat- EC–8398. A communication from the Assist- the Judiciary. ent cases among district judges; to the Com- ant Director, Executive and Political Per- Norman Randy Smith, of Idaho, to be mittee on the Judiciary. sonnel, Department of Defense, transmit- United States Circuit Judge for the Ninth By Ms. CANTWELL (for herself, Mrs. ting, pursuant to law, (12) reports relative to Circuit. MURRAY, Mr. BINGAMAN, and Ms. MI- vacancy announcements within the Depart- Philip S. Gutierrez, of California, to be KULSKI): ment, received on September 21, 2006; to the United States District Judge for the Central S. 3924. A bill to amend title XXI of the So- Committee on Armed Services. District of California. cial Security Act to allow qualifying States EC–8399. A communication from the Assist- Valerie L. Baker, of California, to be to use all or any portion of their allotments ant Secretary of Defense (Health Affairs), United States District Judge for the Central under the State Children’s Health Insurance transmitting, pursuant to law, a report rel- District of California. Program for certain Medicaid expenditures; ative to the role of military medical and be- Francisco Augusto Besosa, of Puerto Rico, to the Committee on Finance. havioral science personnel in interrogations; to be United States District Judge for the By Mr. LUGAR: to the Committee on Armed Services. District of Puerto Rico. S. 3925. A bill to provide certain authori- EC–8400. A communication from the Prin- Lawrence Joseph O’Neill, of California, to ties for the Secretary of State and the cipal Deputy, Office of the Under Secretary be United States District Judge for the East- Broadcasting Board of Governors, and for of Defense (Personnel and Readiness), trans- ern District of California. other purposes; read the first time.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00038 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9897 By Mr. SANTORUM: Drug, and Cosmetic Act with respect to vania (Mr. SANTORUM) was added as a S. 3926. A bill to provide for the energy, the importation of prescription drugs, cosponsor of S. 2340, a bill to amend economic, and national security of America, and for other purposes. title XVIII of the Social Security Act and for other purposes; to the Committee on to preserve access to community can- Finance. S. 1110 By Mrs. BOXER: At the request of Mr. ALLEN, the cer care by Medicare beneficiaries. S. 3927. A bill to require the placement of name of the Senator from Missouri S. 2491 blast-resistant cargo containers on all com- (Mr. BOND) was added as a cosponsor of At the request of Mr. CORNYN, the mercial passenger aircraft; to the Committee S. 1110, a bill to amend the Federal names of the Senator from Delaware on Commerce, Science, and Transportation. Hazardous Substances Act to require (Mr. CARPER) and the Senator from Illi- By Mrs. BOXER: engine coolant and antifreeze to con- nois (Mr. DURBIN) were added as co- S. 3928. A bill to provide for the Office of Domestic Preparedness of the Department of tain a bittering agent in order to sponsors of S. 2491, a bill to award a Homeland Security to provide grants to local render the coolant or antifreeze Congressional gold medal to Byron Nel- governments for public awareness education unpalatable. son in recognition of his significant relating to preparedness for natural disas- S. 1132 contributions to the game of golf as a ters, terrorist attacks, and influenza pan- At the request of Mr. COLEMAN, the player, a teacher, and a commentator. demic; to the Committee on Homeland Secu- name of the Senator from Pennsyl- S. 2585 rity and Governmental Affairs. vania (Mr. SPECTER) was added as a co- At the request of Mr. SMITH, the f sponsor of S. 1132, a bill to amend the name of the Senator from Maine (Ms. SUBMISSION OF CONCURRENT AND Public Health Service Act, the Em- SNOWE) was added as a cosponsor of S. SENATE RESOLUTIONS ployee Retirement Income Security 2585, a bill to amend the Internal Rev- Act of 1974, and the Internal Revenue The following concurrent resolutions enue Code of 1986 to permit military Code of 1986 to require that group and and Senate resolutions were read, and death gratuities to be contributed to individual health insurance coverage referred (or acted upon), as indicated: certain tax-favored accounts. and group health plans provide cov- S. 2599 By Mr. KERRY: erage for treatment of a minor child’s At the request of Mr. VITTER, the S. Res. 578. A resolution recognizing that congenital or developmental deformity the occurrence of prostate cancer in African name of the Senator from North Caro- American men has reached epidemic propor- or disorder due to trauma, infection, lina (Mr. BURR) was added as a cospon- tions and urging Federal agencies to address tumor, or disease. sor of S. 2599, a bill to amend the Rob- that health crisis by designating funds for S. 1607 ert T. Stafford Disaster Relief and education, awareness outreach, and research At the request of Mr. LAUTENBERG, Emergency Assistance Act to prohibit specifically focused on how that disease af- the name of the Senator from Rhode Is- the confiscation of firearms during cer- fects African American men; to the Com- land (Mr. REED) was added as a cospon- mittee on Health, Education, Labor, and tain national emergencies. Pensions. sor of S. 1607, a bill to amend section S. 2679 By Ms. MIKULSKI (for herself and Mr. 10501 of title 49, United States Code, to At the request of Mr. TALENT, the SANTORUM): exclude solid waste disposal from the names of the Senator from Pennsyl- S. Res. 579. A resolution designating De- jurisdiction of the Surface Transpor- vania (Mr. SANTORUM) and the Senator cember 13, 2006, as a Day of Remembrance to tation Board. from Maine (Ms. SNOWE) were added as honor the 25th anniversary of the imposition S. 2010 of martial law by the Communist govern- cosponsors of S. 2679, a bill to establish ment in Poland; considered and agreed to. At the request of Mr. HATCH, the an Unsolved Crimes Section in the By Mr. CHAMBLISS: name of the Senator from Ohio (Mr. Civil Rights Division of the Depart- S. Res. 580. A resolution recognizing the DEWINE) was added as a cosponsor of S. ment of Justice, and an Unsolved Civil importance of pollinators to ecosystem 2010, a bill to amend the Social Secu- Rights Crime Investigative Office in health and agriculture in the United States rity Act to enhance the Social Security the Civil Rights Unit of the Federal and the value of partnership efforts to in- of the Nation by ensuring adequate Bureau of Investigation, and for other crease awareness about pollinators and sup- public-private infrastructure and to re- purposes. port for protecting and sustaining polli- solve to prevent, detect, treat, inter- nators by designating June 24 through June S. 3128 30, 2007, as ‘‘National Pollinator Week’’; con- vene in, and prosecute elder abuse, ne- At the request of Mr. BURR, the name sidered and agreed to. glect, and exploitation, and for other of the Senator from Kansas (Mr. By Mr. BUNNING (for himself, Mr. purposes. BROWNBACK) was added as a cosponsor INHOFE, and Mr. VITTER): S. 2071 of S. 3128, a bill to amend the Federal S. Res. 581. A resolution condemning the At the request of Ms. SNOWE, the Food, Drug, and Cosmetic Act to pro- anti-democratic actions of President Hugo name of the Senator from Illinois (Mr. Chavez and admonishing the statements vide for uniform food safety warning made by him to the United Nations General DURBIN) was added as a cosponsor of S. notification requirements, and for Assembly on September 20, 2006; to the Com- 2071, a bill to amend title XVIII of the other purposes. mittee on Foreign Relations. Social Security Act to clarify congres- S. 3238 sional intent regarding the counting of By Mr. CORNYN (for himself and Mrs. At the request of Mr. CORNYN, the HUTCHISON): residents in the nonhospital setting names of the Senator from Louisiana S. Con. Res. 117. A concurrent resolution under the medicare program. officially designating the National Museum (Ms. LANDRIEU) and the Senator from S. 2154 of the Pacific War in Fredericksburg, Texas, Hawaii (Mr. INOUYE) were added as co- as The National Museum of the Pacific War; At the request of Mr. OBAMA, the sponsors of S. 3238, a bill to require the to the Committee on Energy and Natural Re- name of the Senator from Oklahoma Secretary of the Treasury to mint sources. (Mr. COBURN) was added as a cosponsor coins in commemoration of the 50th f of S. 2154, a bill to provide for the anniversary of the establishment of the issuance of a commemorative postage National Aeronautics and Space Ad- ADDITIONAL COSPONSORS stamp in honor of Rosa Parks. ministration and the Jet Propulsion S. 65 S. 2284 Laboratory. At the request of Mr. INHOFE, the At the request of Ms. MIKULSKI, the S. 3491 name of the Senator from Colorado name of the Senator from Wyoming At the request of Mr. VOINOVICH, the (Mr. ALLARD) was added as a cosponsor (Mr. ENZI) was added as a cosponsor of name of the Senator from Pennsyl- of S. 65, a bill to amend the age restric- S. 2284, a bill to extend the termination vania (Mr. SPECTER) was added as a co- tions for pilots. date for the exemption of returning sponsor of S. 3491, a bill to establish a S. 334 workers from the numerical limita- commission to develop legislation de- At the request of Mr. DORGAN, the tions for temporary workers. signed to reform tax policy and entitle- name of the Senator from Oregon (Mr. S. 2340 ment benefit programs and to ensure a WYDEN) was added as a cosponsor of S. At the request of Mr. SPECTER, the sound fiscal future for the United 334, a bill to amend the Federal Food, name of the Senator from Pennsyl- States, and for other purposes.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00039 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9898 CONGRESSIONAL RECORD — SENATE September 21, 2006 S. 3523 S. 3882 S. 3919. A bill to assist small business At the request of Mrs. FEINSTEIN, the At the request of Mr. KYL, the name concerns in complying with the Sar- name of the Senator from Maine (Ms. of the Senator from Georgia (Mr. banes-Oxley Act of 2002; to the Com- SNOWE) was added as a cosponsor of S. CHAMBLISS) was added as a cosponsor of mittee on Small Business and Entre- 3523, a bill to amend the Internal Rev- S. 3882, a bill to amend title 18, United preneurship. enue Code of 1986 to provide that the States Code, to support the war on ter- Mr. KERRY. Mr. President, in order Tax Court may review claims for equi- rorism, and for other purposes. for the United States to continue to table innocent spouse relief and to sus- S. 3884 stand for the fairest, most transparent pend the running on the period of limi- At the request of Mr. LUGAR, the and efficient financial markets in the tations while such claims are pending. names of the Senator from Texas (Mr. world, I believe we must provide assist- S. 3535 CORNYN), the Senator from Pennsyl- ance to America’s small public compa- At the request of Mr. TALENT, the vania (Mr. SPECTER), the Senator from nies in their efforts to comply with the name of the Senator from Rhode Island New Hampshire (Mr. SUNUNU) and the Sarbanes-Oxley Act. Just a few years ago, the trust and (Mr. CHAFEE) was added as a cosponsor Senator from Alaska (Ms. MURKOWSKI) of S. 3535, a bill to modernize and up- were added as cosponsors of S. 3884, a confidence of the American people in their financial markets was dan- date the National Housing Act and to bill to impose sanctions against indi- gerously eroded by the emergence of enable the Federal Housing Adminis- viduals responsible for genocide, war serious accounting irregularities by tration to use risk based pricing to crimes, and crimes against humanity, some companies and possible fraudu- more effectively reach underserved to support measures for the protection lent actions by corporations like borrowers, and for other purposes. of civilians and humanitarian oper- WorldCom, Inc., Enron, Arthur Ander- S. 3609 ations, and to support peace efforts in the Darfur region of Sudan, and for sen and others. The shocking malfea- At the request of Mrs. LINCOLN, the sance by these businesses and account- name of the Senator from South Da- other purposes. S. 3887 ing firms put a strain on the growth of kota (Mr. THUNE) was added as a co- our economy. The misconduct by a few sponsor of S. 3609, a bill to amend title At the request of Mr. DORGAN, the name of the Senator from California senior executives has cost the jobs of XVIII of the Social Security Act to thousands of hard-working Americans. provide for the treatment of certain (Mrs. BOXER) was added as a cosponsor of S. 3887, a bill to prohibit the Internal The lack of faith in our financial mar- physician pathology services under the kets contributed to an overall decline Medicare program. Revenue Service from using private debt collection companies, and for in stock values and has caused grave S. 3727 other purposes. losses to individual investors and pen- At the request of Mr. KOHL, the name sion funds. S. 3913 of the Senator from Wisconsin (Mr. By all accounts, Sarbanes-Oxley has At the request of Mr. MENENDEZ, the FEINGOLD) was added as a cosponsor of been effective in bringing account- name of the Senator from Florida (Mr. S. 3727, a bill to amend title XVIII of ability to corporate governance, audit- MARTINEZ) was added as a cosponsor of the Social Security Act to provide for ing, and financial reporting for public S. 3913, a bill to amend title XXI of the an adjustment to the reduction of companies. The dark days of the Enron Social Security Act to eliminate fund- Medicare resident positions based on scandal have given way to a new cor- ing shortfalls for the State Children’s settled cost reports. porate culture that embraces responsi- Health Insurance Program (SCHIP) for S 3744 bility and transparency, and for this . fiscal year 2007. we have Sarbanes-Oxley to thank. Sar- At the request of Mr. DURBIN, the At the request of Mr. ROCKEFELLER, names of the Senator from Mississippi the names of the Senator from Rhode banes-Oxley has helped restore con- fidence in our capital markets and (Mr. COCHRAN) and the Senator from Island (Mr. CHAFEE), the Senator from helped improve our nation’s future eco- Oregon (Mr. WYDEN) were added as co- Massachusetts (Mr. KENNEDY) and the nomic growth. sponsors of S. 3744, a bill to establish Senator from Maine (Ms. SNOWE) were However, with compliance also comes the Abraham Lincoln Study Abroad added as cosponsors of S. 3913, supra. Program. cost. And while the cost of complying S. RES. 553 with the law is small enough to be ab- S. 3771 At the request of Mr. MENENDEZ, the sorbed by larger corporations, smaller At the request of Mr. HATCH, the name of the Senator from New Jersey names of the Senator from Ohio (Mr. public companies, particularly small (Mr. LAUTENBERG) was added as a co- minority public companies, have been VOINOVICH), the Senator from Arkansas sponsor of S. Res. 553, a resolution ex- (Mrs. LINCOLN) and the Senator from disproportionately affected by these pressing the sense of the Senate that costs. Small business is the engine of South Dakota (Mr. THUNE) were added the Citizens’ Stamp Advisory Com- as cosponsors of S. 3771, a bill to amend economic growth in our Nation. Al- mittee should recommend to the Post- most 60 percent of Americans are em- the Public Health Service Act to pro- master General that a commemorative vide additional authorizations of ap- ployed by small businesses. Small busi- postage stamp be issued in honor of ness growth has been critical in devel- propriations for the health centers pro- Varian Fry. gram under section 330 of such Act. oping the high wage jobs for America’s AMENDMENT NO. 5021 future. S. 3791 At the request of Mrs. BOXER, her Unfortunately, an April 2006 report to At the request of Mrs. HUTCHISON, the name was added as a cosponsor of the Senate Committee on Small Busi- name of the Senator from Mississippi amendment No. 5021 intended to be pro- ness and Entrepreneurship by the (Mr. COCHRAN) was added as a cospon- posed to H.R. 6061, a bill to establish United States Government Account- sor of S. 3791, a bill to require the pro- operational control over the inter- ability Office (GAO) found that small vision of information to parents and national land and maritime borders of public firms are incurring much higher adults concerning bacterial meningitis the United States. audit fees and increased costs in com- and the availability of a vaccination AMENDMENT NO. 5022 plying with the Sarbanes-Oxley Act. with respect to such disease. At the request of Mrs. BOXER, her The report finds that of the 2,263 pub- S. 3844 name was added as a cosponsor of lic firms with market capitalization of At the request of Mr. NELSON of Ne- amendment No. 5022 intended to be pro- less than $75 million, just 66 have fully braska, the name of the Senator from posed to H.R. 6061, a bill to establish implemented Section 404 of the law North Dakota (Mr. DORGAN) was added operational control over the inter- that requires firms to construct formal as a cosponsor of S. 3844, a bill to pro- national land and maritime borders of internal control frameworks and filed vide for the investment of all funds col- the United States. internal control reports. These 66 firms lected from the tariff on imports of f reported paying $1.14 in audit fees per ethanol in the research, development, $100 of revenue, compared to just $.13 and deployment of biofuels, especially STATEMENTS ON INTRODUCED per $100 for firms with greater than $1 cellulosic ethanol produced from bio- BILLS AND JOINT RESOLUTIONS billion in market capitalization. I be- mass feedstocks. By Mr. KERRY: lieve we must take action to help small

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00040 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9899 companies comply with the regulatory firms; and the feasibility of extending the competitive acquisition process burdens of the Sarbanes-Oxley Act. incorporation by reference privileges and also allows the Secretary to waive In addition to the costs associated to other Government filings containing the application of quality standards if with internal controls, 81 percent of equivalent information. applying the standards would delay im- small firms responding to the GAO sur- This legislation will help some but plementation of the process. However, vey said they brought in outside con- not all of the thousands of small firms quality standards are essential to en- sultants to comply with the Act. Near- that are public or hope to become pub- suring that beneficiaries are not forced ly half of the small firms reported ‘‘op- lic. As more information becomes to use the lowest-cost provider without portunity costs’’ related to complying available, I am hopeful that the task consideration of the quality of the with the regulatory burden placed on force will provide ideas on how the SEC medical equipment items provided. them by the Sarbanes-Oxley Act such can help more of the small, non-accel- This bill would require the Secretary as deferring or canceling operational erated filers implement the Sarbanes- to include quality standards before im- improvements, and more than one- Oxley regulations. We must do all we plementing competitive acquisition. third of respondents were forced to can to insure that small firms can dem- Second, the MMA allows the Sec- defer or cancel information technology onstrate that transparency and ac- retary to exempt rural areas and urban investments. Too many small firms countability in the private sector is areas with low population density to simply do not have the resources and thriving without having to incur such ensure that competitive acquisition is expertise necessary to implement the a burdensome cost. This legislation is not implemented in areas that lack the formal internal control frameworks re- supported by the National Black Cham- health care infrastructure to support quired by Section 404, and as a result, ber of Commerce as well as Small Busi- it. This bill would require the Sec- they are disadvantaged compared to ness Majority. I ask all my colleagues retary to exempt MSAs with fewer larger firms that are absorbing these to support this legislation. than 500,000 people. costs. Third, the MMA created a Program The U.S. Securities and Exchange By Mr. HATCH (for himself and Advisory and Oversight Committee Commission has provided a lengthy Mr. CONRAD): composed of stakeholders to advise the compliance period for small businesses S. 3920. A bill to amend part B of title Secretary on the implementation of to comply with the Sarbanes-Oxley XVIII of the Social Security Act to as- competitive acquisition. However, the regulations and is attempting to de- sure access to durable medical equip- MMA does not apply the Federal Advi- velop additional methods to ease the ment under the Medicare Program; to sory Committee Act (FACA) to it. The regulatory burden. However, I believe the Committee on Finance. purpose of FACA is to ensure that ad- additional efforts are needed. Mr. HATCH. Mr. President, today I vice rendered to the executive branch In order to assist these firms with am pleased to introduce the Medicare by advisory committees be both objec- the increased costs of implementation Durable Medical Equipment Access Act tive and accessible to the public. This and help our small businesses keep our with my colleague Senator KENT CON- bill would apply FACA to this over- economy moving forward, I am intro- RAD of North Dakota. This bill makes sight committee. ducing the Small Business Sarbanes- several modest changes to the competi- Fourth, the MMA allows the Sec- Oxley Compliance Assistance Act of tive acquisition process for this equip- retary to contract with only as many 2006. The bill would authorize the U.S. ment. providers as the Secretary deems nec- Small Business Administration to In 2007, a competitive acquisition essary to meet the demand of an area. award grants to small public compa- program will replace the current reim- Any provider not awarded a contract nies and small business concerns to bursement policy for durable medical would be prohibited from participating help lessen the burden of these costs. If equipment in Medicare. This shift to- in Medicare for up to 3 years. This bill Congress is asking these small firms to ward a market-based approach to pay- would allow applicable small busi- bear the burden of cost for compliance ments for durable medical equipment nesses that did not receive a contract with Sarbanes-Oxley, the least we can was mandated through the Medicare to continue to provide durable medical do is chip in and help pay for it. My Modernization Act (MMA) of 2003. equipment in Medicare at the competi- legislation authorizes $5 million to be Our bill was written with two key tive acquisition bid rate. awarded annually through 2011. goals in mind. The Medicare Durable Fifth, the MMA explicitly prohibited My legislation also creates a task Medical Equipment Access Act would administrative or judicial review for force, assembled by the SBA Chief preserve access to home medical equip- competitive acquisition of DME. This Counsel for Advocacy, and comprising ment in rural areas for older or dis- means that providers do not have legal of representatives from the SEC and abled Americans who need this equip- recourse to appeal the bid amount or other appropriate bank regulatory ment. In addition, the bill will allow contracts. My bill would restore appeal agencies, to report semi-annually on small businesses that provide homecare rights for competitive acquisition of how to assist small public companies in equipment to continue to participate DME. These rights exist elsewhere in complying with Sarbanes-Oxley. My in the Medicare Program if they qual- the Medicare program. hope is that this task force will contin- ify and meet the competitively bid Sixth, under the MMA, the Secretary ually find new ways to lift the regu- price. can only competitively acquire an item latory burden on small businesses at- Our legislation is identical to H.R. if the Secretary believes that doing so tempting to comply with the law. Each 3559 which was introduced earlier this would result in significant savings to report of the task force will be required Congress by Congressmen DAVID HOB- Medicare. It is important for the Sec- to evaluate upgrades or alternatives to SON and JOHN TANNER. That bill has retary to show that the savings from the SEC’s Electronic Data Gathering broad, bipartisan support and 132 House competitive acquisition justify con- Analysis Retrieval System so that cosponsors. structing a bureaucracy to implement companies might submit filings to the As background, section 302(b)(I) of the program. To that end, this bill SEC without the need for third party the MMA requires Medicare to replace would require the Secretary to show intervention. The task force will also the current durable medical equipment that competitive acquisition would re- report on the potential to reduce ineffi- payment methodology for certain sult in savings of at least 10 percent. ciencies related to SEC filings; the fea- items with a competitive acquisition Finally, under the MMA, the Sec- sibility of synchronizing filing require- process beginning in 2007 in 10 of the retary can use competitive acquisition ments for substantially similar small largest metropolitan statistical areas bid rates in one MSA to set the reim- firms; whether the SEC and bank regu- (MSAs). bursement for another MSA. Our bill latory agencies should commit addi- The Medicare Durable Medical Equip- would require that, before doing so, the tional resources to aiding small public ment Access Act would require several Secretary conduct a comparability firms with filing requirements; wheth- modest changes to the competitive ac- analysis of the two MSAs. This will er the SEC needs to publish guidance quisition program. help prevent any applications of bid on reporting and legal requirements First, the MMA requires the Sec- rates outside of an MSA that are inap- aimed at assisting smaller public retary to include quality standards in propriate.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00041 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9900 CONGRESSIONAL RECORD — SENATE September 21, 2006 The new, market-based competitive The Medicare Modernization Act War II to take into account changes in acquisition program in Medicare is de- (MMA) required Medicare to replace the Consumer Price Index; to the Com- signed to save money and make Medi- the current DME payment method- mittee on Armed Services. care more efficient. In order to achieve ology for certain items with a competi- Mr. MCCAIN. Mr. President, today I this goal, we need to preserve access to tive acquisition process beginning in am introducing the World War II POW care and preserve the cost-effective 2007 in 10 of the largest metropolitan Pay Equity Act of 2006. This legislation health care infrastructure that statistical areas (MSAs). The Medicare would ensure that former World War II homecare represents. This bill will help Durable Medical Equipment Access Act Prisoners of War, or their surviving ensure that the market reforms en- would require several modest changes spouses, receive the appropriate back acted by the MMA accomplish both to the competitive acquisition program pay for their honorable service, ad- cost savings and continued access to to help preserve access to medical justed for inflation. cost-effective care. equipment in rural areas. Due to a technicality, Navy and Ma- Before I close, I would like to give a First, our bill would build upon lan- rine Corps POWs during World War II real life example from my home state guage in the MMA that allows the Sec- were denied promotions while they of Utah on why this legislation is need- retary to exempt rural areas to prevent were interned. The Fiscal Year 2001 Na- ed and necessary. A small provider of these beneficiaries from losing access tional Defense Authorization Act in- durable medical equipment in Utah ap- to needed medical equipment. Specifi- cluded provisions to correct this injus- proached me about how current law cally, it would require the Secretary to tice. Unfortunately, this legislation did will impact him. This company was es- exempt MSAs with fewer than 500,000 not specify an adjustment for inflation. tablished in 1997 with just one em- people. The result was that these heroes of our ployee. It has grown over the years by Second, the MMA allows the Sec- ‘‘greatest generation’’ were paid in 1942 providing its customers the products retary to waive the application of qual- dollars which roughly equated to ten that they need to stay at home and out ity standards in the competitive acqui- cents on the current dollar. It is well of the hospitals. sition process if applying the standards past time to properly compensate them When competitive bidding hits the would delay implementation. Our bill for their dedicated service. State of Utah in 2007, this small com- When our great Nation called upon would ensure that quality standards pany will be forced to bid against large these brave individuals, they answered are included when determining the national companies. Much larger com- the call. Now they need our help to fix winning bid to ensure that patients re- panies compete with the smaller ones a technicality that has denied them ceive both high-quality and low-cost to provide medical equipment such as the full amount of the back-pay they equipment. wheelchairs, in home hospital beds, and are due, pay that was earned in the Third, in creating the competitive home oxygen. If my Utah company harshest of environments. Many of acquisition program, the Secretary loses the bid, it will go out of business, these WWII veterans suffer from ex- may contract with only as many pro- as will many of its smaller competitors treme financial distress. The total viders as deemed necessary to meet de- in Utah. This company prides itself on number of surviving WWII POWs is now mand in an area. Any provider not being able to provide customers with a less than 1,000, and there are approxi- awarded a contract would be prohibited high quality of service. The owner of mately 400 surviving spouses. We can- from participating in Medicare for up the company has asked me how he can not abandon those who were truly re- continue to provide great service when to three years. This bill would allow sponsible for defending the liberties we his company has been forced to bid to certain small businesses to continue hold so dear. It would be shameful for the lowest price possible just to keep providing DME in Medicare at the com- Congress and our Nation not to com- from going out of business. petitive acquisition bid rate, allowing pensate fairly these veterans, as this is Therefore, this legislation means a them to offer in-person care to Medi- a debt that our country incurred dur- lot to small companies not just in care beneficiaries. ing their internment as POWs. Utah, but all over the country, by al- Fourth, under the MMA, the Sec- The impact of this legislation goes lowing them to continue to provide retary can use competitive acquisition well beyond those who have so bravely medical equipment to those who need bid rates in one MSA to set the reim- gone before us in defense of our Nation. it. bursement for another MSA. Our bill This is a readiness issue as well. To- I heard from several small medical would require that the Secretary com- day’s service members are acutely equipment companies in my home pare the two to ensure that the bid aware of the manner in which our Na- State of Utah for several years on this rates aren’t inappropriately applied. tion honors its veterans. President issue and they made very convincing Finally, the Medicare Durable Med- George Washington reminded all of his arguments. That is why I am intro- ical Equipment Access Act would take fellow Americans of the keen relation- ducing the Medicare Durable Medical additional steps to ensure that com- ship between our Nation’s veterans and Equipment Access Act. I strongly urge petitive acquisition results in savings, those on active duty when he said, my colleagues to talk to their con- that providers have access to adminis- ‘‘The willingness with which our young stituents back home who own small du- trative and judicial review, and that people are likely to serve in any war, rable medical equipment companies. I any meetings of the newly created CMS no matter how justified, shall be di- am certain that these companies are Program Advisory and Oversight Com- rectly proportional as to how they per- experiencing concerns similar to those mittee on competitive bidding be open ceive the Veterans of earlier wars were shared with me. to the public. treated and appreciated by their coun- I urge my colleagues to cosponsor These provisions are small steps, but try.’’ That statement holds just as true this legislation so that Medicare bene- they will ensure that beneficiaries in today as it did over 200 years ago. ficiaries will continue to receive qual- rural areas have access to the medical I urge my colleagues to support this ity care at affordable prices for their equipment they need. While we should legislation. medical supplies. pursue options for making the Medi- Mr. CONRAD. Mr. President, today I care program more efficient, we must By Ms. MURKOWSKI (for herself, am pleased to join my colleague, Sen- also protect access to care. I believe Ms. STABENOW, and Mr. AKAKA): ator HATCH, in introducing the Medi- this bill achieves the appropriate bal- S. 3922. A bill to clarify the status of care Durable Medical Equipment ance between these two goals. I urge the Young Woman’s Christian Associa- (DME) Access Act. This bill responds to all of my colleagues to support this im- tion Retirement Fund as a defined con- the concerns I heard from seniors and portant legislation. tribution plan for certain purposes; to suppliers in North Dakota about the the Committee on Health, Education, negative impact competitive bidding By Mr. MCCAIN: Labor, and Pensions. could have on the ability of DME sup- S. 3921. A bill to modify the calcula- Ms. MURKOWSKI. Mr. President, I pliers in rural States to remain viable. tion of back pay for persons who were rise to introduce a bill that will clarify The bill we introduce today is designed approved for promotion as members of the legal status of the Young Women’s to preserve access to DME in rural the Navy and Marine Corps while in- Christian Association’s Retirement areas. terned as prisoners of war during World Fund.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00042 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9901 The YWCA Retirement Fund is one of time to protect the pension plan serv- judicial districts that have a signifi- the oldest pension plans serving the re- ing our YWCAs. cant patent litigation caseload. Under tirement needs of women. This bill will I ask unanimous consent that the the pilot program, judges in these dis- help protect the retirement security of text of the bill be printed in the tricts will be allowed to form a smaller thousands of YWCA employees nation- RECORD. pool of judges who are willing to accept wide who serve well over a million There being no objection, the text of a larger portion of the patent litigation users. the bill was ordered to be printed in docket in the district. The bill also au- Whether it is providing day care for the RECORD, as follows: thorizes additional resources to allow working mothers, keeping a battered S. 3922 participating courts to hire law clerks women’s shelter open, or meeting the Be it enacted by the Senate and House of Rep- with expertise in patent law and to other pressing needs of women in our resentatives of the United States of America in provide for educational programs relat- communities, the YWCA has a long Congress assembled, ing to patent law for the participating tradition of service. Those who work at SECTION 1. SHORT TITLE. judges. It is our intention that this our local YWCAs deserve to know that This Act may be cited as the ‘‘YWCA Re- program will allow these judges to ac- their retirement plan is secure. tirement Plan Preservation Act of 2006’’. quire greater experience in handling Today, the YWCA Retirement Fund SEC. 2. CLARIFICATION OF AGE DISCRIMINATION patent trials, decrease the amount of is a unique pension program. First, ap- RULES. time that patent cases take to resolve, proximately 90 percent of its partici- (a) IN GENERAL.—A pension plan described and reduce reversals on appeal by en- pants are women. Second, it is a mul- in subsection (b) shall be treated as a defined contribution plan for purposes of sections hancing the level of experience and ex- tiple employer pension plan—one that 204(b)(1)(H) and 204(b)(2) of the Employee Re- pertise of judges and law clerks han- relies on 300 local YWCAs to make tirement Income Security Act of 1974 (29 dling these cases. The project is au- funding contributions. And lastly, U.S.C. 1054(b)(1)(H) and 1054(b)(2)) and section thorized for at least five judicial dis- since it was established in 1924, the 4(i)(1) of the Age Discrimination in Employ- tricts, to be designated by the Admin- pension plan’s structure has remained ment Act of 1967 (29 U.S.C. 623(i)(1)). istrative Office of the United States generally unchanged—it is partially a (b) PENSION PLAN DESCRIBED.—A pension Courts, and will last for a 10 year pe- defined benefit plan, and partially a de- plan described in this subsection is the plan riod. subject to title IV of the Employee Retire- fined contribution plan. The bill also requires Administrative Recently, some employers have ment Income Security Act of 1974 main- tained by the Young Women’s Christian As- Office of the United States Courts and transformed their traditional defined sociation Retirement Fund, a corporation the Federal Judicial Center to provide benefit pension plans into various created by an Act of the State of New York a report to Congress on the results of types of ‘‘hybrid’’ plans, and in the which became law on April 12, 1924. the pilot program, along with addi- process, some have reduced the rate at (c) EFFECTIVE DATE.—Subsection (a) shall tional information that will allow Con- which benefits accrue for their older apply in the case of any civil action brought gress to determine whether this ap- workers. Older workers have success- on or after September 21, 2006, alleging a vio- proach has had the beneficial effects lation occurring before June 29, 2005, of sec- fully challenged some of these arrange- that we anticipate. ments as age discriminatory. During tion 204(b)(1)(H) of the Employee Retirement Income Security Act of 1974 (29 U.S.C. Those who are following the patent its more than 80-year history, the 1054(b)(1)(H)), section 4(i)(1) of the Age Dis- debates in Congress closely will notice YWCA Retirement Fund has never crimination in Employment Act of 1967 (29 that this bill is very similar to a bill treated any worker differently based U.S.C. 623(i)(1)), or both, with respect to the introduced in the House by Representa- on age or longevity of employment. plan described in subsection (b). tives ISSA and SCHIFF, and I would like Most of the controversy surrounding to acknowledge their work on this these plans focuses on how employers Mr. HATCH (for himself and Mrs. issue, as well as the work of other treat certain participants when they FEINSTEIN): members of the House Judiciary Com- convert their pre-existing pension S. 3923. A bill to establish a pilot pro- mittee and the Subcommittee on plans. But the YWCA pension program gram in certain United States district Courts, the Internet, and Intellectual never converted—its basic structure courts to encourage enhancement of Property. I would also like to thank has remained the same since it was es- expertise in patent cases among dis- my colleague from California, Senator tablished 1924. trict judges; to the Committee on the FEINSTEIN, for her interest in this issue The success of some of these lawsuits Judiciary. and for her willingness to cosponsor has raised questions about whether the Mr. HATCH. Mr. President. I rise this bill. YWCA pension plan could be found to today to introduce with Senator FEIN- I should also note that further refine- be age discriminatory merely on the STEIN legislation to establish a pilot ments to this language will likely be basis of its design. This threat is par- program that is intended to enhance necessary as it moves through the leg- ticularly acute given the fact that the the level of expertise in patent cases islative process. In particular, we need YWCA Retirement Fund is a multiple among United States district court to include a provision which would pre- employer pension plan—a plan that re- judges. In conversations with a number serve a sufficient element of random lies on contributions from each local of constituents and both small and assignment among judges. I understand YWCA. This enormous potential liabil- large companies in my home State of some of my Senate colleagues have res- ity would be shared jointly by all local Utah, I have found that one of the fre- ervations about including this provi- YWCAs. Under current law, even the quent complaints by those who had sion, but we will deal with that issue as mere threat of lawsuit could cause been involved in patent litigation was the bill progresses. local YWCAs to end their participation that many district court judges had I hope my colleagues in the Senate in this plan. relatively little expertise in patent will join Senator FEINSTEIN and me by If enacted, this legislation would law, and—partially as a result—the de- supporting this legislation. merely classify the YWCA retirement cisions of trial courts are often over- I yield the floor. plan as a defined contribution plan turned on appeal due to technical er- only for the purpose of testing for age rors in construing patent claims. Obvi- By Ms. CANTWELL (for herself, discrimination—it would continue to ously, this is frustrating for litigants, Mrs. MURRAY, Mr. BINGAMAN, protect participants from being treated because it prolongs the uncertainty and Ms. MIKULSKI): differently on the basis of age while they experience and makes an expen- S. 3924. A bill to amend title XXI of eliminating the potential crippling sive appeal of the trial court’s decision the Social Security Act to allow quali- legal threat. much more likely. This bill seeks to fying States to use all or any portion Legislation was enacted in 2004—Pub- address that problem by providing a of their allotments under the State lic Law 108–476—to clarify the legal way to increase the level of expertise Children’s Health Insurance Program status of the YMCA pension plan, a among district court judges in patent for certain Medicaid expenditures; to plan that is similar to the YWCA plan. cases. the Committee on Finance. Congress was right to protect the The core provisions of this bill au- Ms. CANTWELL. Mr. President, I YMCA pension plan then and now it is thorize a pilot project in at least five rise today to introduce the Children’s

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9902 CONGRESSIONAL RECORD — SENATE September 21, 2006 Health Protection and Eligibility Act ington and the other States that ex- SECTION 1. AUTHORITY FOR QUALIFYING STATES TO USE ALL OR ANY POR- of 2006. I am delighted to have Senator panded eligibility in their Medicaid TION OF THEIR SCHIP ALLOTMENTS MURRAY, BINGAMAN, and MIKULSKI in- programs before the enactment of FOR CERTAIN MEDICAID EXPENDI- troduce this bill with me today. SCHIP in 1997 are no longer penalized TURES. As health insurance costs continue to for their early innovation and their (a) IN GENERAL.—Section 2105(g)(1)(A) of rise and the number of employers that commitment to the health of children. the Social Security Act (42 U.S.C. offer health coverage to their employ- 1397ee(g)(1)(A)) is amended by striking ‘‘not This is why we are introducing the more than 20 percent of any allotment under ees decline, our safety net programs Children’s Health Protection and Eligi- section 2104 for fiscal year 1998, 1999, 2000, are all the more critical, especially for bility Act of 2006. 2001, 2004, or 2005’’ and inserting ‘‘all or any the health of our children. It is more portion of any allotment made to the State This legislation will give states the important than ever to sustain existing under section 2104 for a fiscal year’’. ability to use SCHIP funds more effi- health care coverage for our children— (b) ADDITIONAL REQUIREMENTS.—Section ciently to prevent the loss of health and, in fact, to expand it. It’s the best 2105(g)(2) of such Act (42 U.S.C. 1397ee(g)(2)) care coverage for children. States that is amended— way to reduce costs and improve ac- have made a commitment to insuring (1) by striking ‘‘a State, that, on’’ and in- cess. It’s about keeping children children could use their entire SCHIP serting ‘‘a State that is described in subpara- healthy. funds allotment to maintain access to graph (A) and satisfies all of the require- New Census data released last month ments of subparagraph (B). health care coverage for all low-income showed that the number of uninsured ‘‘(A) STATE DESCRIBED.—A State described has grown from 41.2 million in 2001 to children in the state. The bill also en- in this subparagraph is a State that, on’’; 46.6 million in 2005. These are largely sures that all of the qualifying States and (2) by adding at the end the following: working families—the number of that have demonstrated a commitment to providing health care coverage to ‘‘(B) REQUIREMENTS.—The requirements of fulltime workers without any insur- this subparagraph are the following: ance increased to 17.7 percent in 2005 children can access SCHIP funds in the same manner to support children’s ‘‘(i) NO REDUCTION IN MEDICAID OR SCHIP IN- from 16.8 percent in 2002. COME ELIGIBILITY.—Since January 1, 2001, the In Washington, our Medicaid pro- health care coverage. Finally, this bill State has not reduced the income, assets, or gram is currently providing coverage allows States that have expanded cov- resource requirements for eligibility for for more than 500,000 children. Our erage to the highest eligibility levels medical assistance under title XIX or for State Children’s Health Insurance Pro- allowed under SCHIP, and meet certain child health assistance under this title. requirements, to receive the enhanced ‘‘(ii) NO WAITING LIST IMPOSED.—The State gram is providing coverage to another does not impose any numerical limitation, 11,000 children. But 100,000 of our kids SCHIP match rate for any kids that had previously been covered above the waiting list, or similar limitation on the eli- in Washington State remain uninsured gibility of children for medical assistance even though they are eligible for one of mandatory level. under title XIX or child health assistance the public programs. The requirements are best practices under this title and does not limit the ac- One barrier to expanding kids’ access that have been tested and proven all ceptance of applications for such assistance. to health care in Washington is the across our Nation: a simplified applica- ‘‘(iii) PROVIDES ASSISTANCE TO ALL CHIL- tion process, twelve-month continuous DREN WHO APPLY AND QUALIFY.—The State funding rules that were put into place provides medical assistance under title XIX when SCHIP was enacted in 1997. In eligibility and easy access to enroll- or child health assistance under this title to short, our state has been punished for ment staff are just a few of the exam- all children in the State who apply for and its early innovation for doing the right ples of actions that we have taken in meet the eligibility standards for such as- thing. Washington that are proven to work. sistance. When SCHIP was enacted at the Fed- They result in more children having ‘‘(iv) PROTECTION AGAINST INABILITY TO PAY eral level in 1997, Washington was one coverage and accessing appropriate PREMIUMS OR COPAYMENTS.—The State en- of only four States already providing care. Many of our States are working sures that no child loses coverage under title to make the program easier for chil- XIX or this title, or is denied needed care, as health coverage for children at the a result of the child’s parents’ inability to level Federal lawmakers wanted SCHIP dren and families to navigate and now pay any premiums or cost-sharing required to reach. Under the original Federal Congress needs to make it easier for all under such title. rules, Washington was not allowed to States to access their SCHIP allotment ‘‘(v) ADDITIONAL REQUIREMENTS.—The State use new funds to pay for children who in order to expand and improve cov- has implemented at least 3 of the following were covered prior to SCHIP’s imple- erage to our youngest citizens. policies and procedures (relating to coverage of children under title XIX and this title): mentation. Children are the leaders of tomorrow; As a result, we have been penalized ‘‘(I) SIMPLIFIED APPLICATION FORM.—With they are the very future of our great respect to children who are eligible for med- and prevented from fully using our Nation. We owe them nothing less than ical assistance under title XIX, the State share of the funding. That is why in the sum of our energies, our talents, uses the same simplified application form 2002 I worked to ensure a temporary fix and our efforts in providing them a (including, if applicable, permitting applica- to the funding inequity and I have been foundation on which to build happy, tion other than in person) for purposes of es- fighting to make this fix permanent healthy and productive lives. With the tablishing eligibility for assistance under title XIX and this title. ever since. And as a result of these rising number of uninsured and the temporary fixes, Washington has been ‘‘(II) ELIMINATION OF ASSET TEST.—The ever-increasing healthcare costs, it is State does not apply any asset test for eligi- able to extend coverage to an addi- more important than ever to maintain bility under title XIX or this title with re- tional 60,000 children and reinvest $47.3 existing health care coverage for chil- spect to children. million in children’s health safety net dren in order to hold down health care ‘‘(III) ADOPTION OF 12-MONTH CONTINUOUS programs. costs and to keep children healthy. Re- ENROLLMENT.—The State provides that eligi- Despite this success, the State has moving barriers for innovative states bility shall not be regularly redetermined more often than once every year under this still been forced to return over percent and allowing them to fully access their of its share of Federal funding. Over title or for children eligible for medical as- SCHIP allocation is a major step in sistance under title XIX. the first decade of the SCHIP program, achieving this goal. I urge my col- ‘‘(IV) SAME VERIFICATION AND REDETER- Washington is expected to return $191 leagues to join us in support of this bill MINATION POLICIES; AUTOMATIC REASSESSMENT million in Federal funds. and ask unanimous consent that the OF ELIGIBILITY.—With respect to children Let me say that again: we’re return- text of the bill be printed in the who are eligible for medical assistance under ing millions of dollars to the Federal RECORD. section 1902(a)(10)(A), the State provides for Government and we still have 100,000 initial eligibility determinations and rede- There being no objection, the text of uninsured children in our State—the terminations of eligibility using the same the bill was ordered to be printed in majority of whom are eligible for these verification policies (including with respect the RECORD, as follows: to face-to-face interviews), forms, and fre- public programs. quency as the State uses for such purposes S. 3924 It’s unacceptable and it runs con- under this title, and, as part of such redeter- trary to the central goal of the SCHIP Be it enacted by the Senate and House of Rep- minations, provides for the automatic reas- program. We need a permanent solu- resentatives of the United States of America in sessment of the eligibility of such children tion once and for all so that Wash- Congress assembled, for assistance under title XIX and this title.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9903 ‘‘(V) OUTSTATIONING ENROLLMENT STAFF.— antees a minimum funding pool for Section 201. Education allowances The State provides for the receipt and initial performance-based pay adjustments to modifies current law to: 1. permit pay- processing of applications for benefits under ensure that, in the aggregate, employ- ment of certain fees required by over- this title and for children under title XIX at ees are not disadvantaged by conver- seas schools for successful completion facilities defined as disproportionate share of a course or grade; 2. allow for travel hospitals under section 1923(a)(1)(A) and Fed- sion to the new pay system. It author- erally-qualified health centers described in izes selection boards to rank order em- to the United States for children in section 1905(l)(2)(B) consistent with section ployees for the purpose of recom- kindergarten through 12th grade when 1902(a)(55).’’. mending pay for performance salary schools at post are not adequate; 3. (c) EFFECTIVE DATE.—The amendments adjustments, and requires agencies allow for education travel to a school made by this section shall take effect on Oc- that use selection boards for pay for outside the United States for children tober 1, 2006, and shall apply to expenditures performance to follow the selection at the secondary and college level; 4. described in section 2105(g)(1)(B)(ii) of the board rankings in allocating salary in- provide for educational travel at the Social Security Act (42 U.S.C. creases, except in special cir- graduate level for children who are 1397ee(g)(1)(B)(ii)) that are made after that still dependents (students older than 22 date. cumstances. The legislation does not impact the negotiation of procedures would be ineligible for such travel); By Mr. LUGAR: and appropriate arrangements for ad- and 5. allow the option of storing a S. 3925. A bill to provide certain au- versely affected employees with the child’s personal effects near the school thorities for the Secretary of State and employees’ representative, the Amer- during their trip to post, rather than the Broadcasting Board of Governors, ican Foreign Service Association, transporting the effects back and forth. and for other purposes; read the first AFSA. Section 202. Fraud Prevention and time. Title I provides transitional authori- Detection Account broadens the Sec- Mr. LUGAR. Mr. President, I am in- ties to the Secretary of State for use retary of State’s authority to use a troducing legislation today at the re- during the interim period before April portion of fees collected for H–1B, H–2B quest of the executive branch and will 2008 when the new Foreign Service and L–1 visas to investigate fraud in be seeking unanimous consent to re- Schedule is established. It contains other visa categories, including fraud quest its passage as soon as possible. provisions that govern the conversion in connection with terrorist activities. The Foreign Affairs Management Au- of employees to the new schedule and Allowing an expanded use of the funds thorities Act of 2006 contains provi- it provides for a one-year transition pe- will assist the Department in devel- sions requested by the State Depart- riod from the current 14-step system. It oping a system that concentrates on H ment and the Broadcasting Board of also gives the Secretary authority to and L visa fraud, but will potentially Governors that will enable the two establish transitional rules that pre- reduce fraud among all visa classifica- agencies to carry out their work more vent a reduction in a member’s rate of tions and increase the U.S. ability to disrupt terrorist travel. efficiently and effectively. pay by reason of conversion to the new Section 203. Extension of Privileges Title I of this bill creates a new pay system, among other measures that are and Immunities extends diplomatic for performance system for Foreign to be applied to provide for a smooth Service officers with the rank of 01 and privileges and immunities to the Afri- transition. can Union Mission to the United States below and creates a uniform worldwide In a long needed reform, Title I also and to the Permanent Observer Mission pay scale. The American Foreign Serv- provides uniform compensation for of the Holy See, and to members of ice Association supports these. I am in- worldwide service by April 2008. It both of these missions. cluding a letter from Anthony Holmes, eliminates the disparity in pay be- Section 204. International Litigation the AFSA President. tween those serving in Washington, Fund allows the Department to retain The Senior Foreign Service already DC, and other domestic posts who re- awards of costs and attorneys’ fees participates in a pay for performance ceive locality pay increases and those when defending against international plan as mandated in previously enacted serving overseas who do not. The dis- claims in addition to amounts cur- law, Section 412(a)(2) PL108–447, Div. B. crepancy has skewed incentives to rently allowed to be retained when it The legislation replaces ‘‘within grade serve overseas and is inconsistent with successfully prosecutes a claim. increases’’ with a requirement that, mandatory worldwide and rotational Section 205. Personal Services Con- upon the introduction of the new For- assignment requirements. The Depart- tracting; BBG, the legislation extends eign Service Schedule in April 2008, any ment estimates the cost of its three- for one year a pilot program allowing further adjustments in pay are tied to stage transition to the new pay system the BBG to hire 60 U.S. citizens or for- individual performance rather than to be $32 million in its 2007 budget, $64 eign nationals on contract rather than longevity of service. It directs the Sec- million in 2008, and $32 million in 2009. as full-time government employees. retary of State to pay to each member The legislation provides for pay con- Such authority gives the BBG the of the Service an adjustment taking version and establishes temporary flexibility to hire, for the short or me- into account ‘‘individual performance, rules for the period leading up to April dium-term, broadcasters and on-air contribution to the mission of the De- 2008 as the transition takes place. hosts in difficult languages, some with partment, or both, under a rigorous As Secretary Rice works to fill dif- many dialects. The BBG uses the au- performance management system that ficult posts around the world, including thority, for example, for surge capacity makes meaningful distinctions based in Iraq and Afghanistan, and as our in Urdu and Arabic. on relative performance and that clear- diplomats come increasingly under fire Inspector General, this section also ly links individual pay and perform- in tough places, it is common sense to establishes a limited authority for the ance under precepts prescribed by the restructure a pay system that, without State Department’s Office of the In- Secretary.’’ Each Secretary/head of reform, provides disincentives to serv- spector General (OIG) to hire personal agency utilizing the Foreign Service ing overseas. The Foreign Service must service contractors (PSCs) to augment personnel system may implement this know that our country stands behind its ability to conduct oversight of pro- section in a manner most suitable to them, appreciates their service, and is grams and operations related to Af- the unique circumstances of his or her grateful for the contributions they ghanistan and Iraq. No more than 20 agency. Poor performers would get no make to the security of our country PSCs may be hired at any one time increase in pay. As with the Senior and the well-being of our citizens. and, absent exceptional circumstances, Foreign Service, the pay for perform- Title II contains a number of provi- the contract length for each PSC may ance planned for the Foreign Service sions that are contained in S.600, still not exceed two years. The Inspector would utilize multiple levels of per- being held on the Senate calendar. It General anticipates a need for addi- formance distinctions. Performance- also contains provisions that were re- tional staff once the Special Inspector based adjustments normally would be quested by the executive branch subse- General for Iraq Reconstruction’s made only once in any 12-month pe- quent to the Senate Foreign Relations (SIGIR’s) portfolio is either partially riod. Committee’s passage of S. 600. The pro- or fully transferred to the State De- Title I also provides a number of em- visions in Title II of this legislation are partment. The OIG also expects an in- ployee protections. It specifically guar- as follows: crease in short-term staffing needs to

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00045 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9904 CONGRESSIONAL RECORD — SENATE September 21, 2006 carry out oversight responsibilities re- The current inequity is profoundly unfair enemy most people refer to as terror- lated to Afghanistan. and undermines the moral of our Country’s ists. I do not refer to them as terror- Section 206. Facilitating Service in diplomatic corps. The U.S. Foreign Service ists; I refer to them as who they are: Iraq and Afghanistan is a technical must have all the tools it needs to imple- radical Islamic fascists. They have an correction to an inadvertent drafting ment our diplomatic and national security ideology. These are not people who kill priorities around the globe, often under ex- error in section 1602(a) of the Emer- tremely challenging circumstances. One for the purpose of killing. They don’t gency Supplemental Appropriations vital tool our nation can provide the men kill because of hatred. They kill be- Act for Defense, the Global War on Ter- and women of the Foreign Service and their cause they have a belief, an objective. ror, and Hurricane Recovery, 2006 (P.L. families is the validation of their essential I know that for a year or two, the 109–234). The intent behind section efforts abroad that ending this pay disparity President, right after 9/11, referred to 1602(a) was to provide the Secretary of would provide. With the increasing difficulty these terrorists as ‘‘cowards.’’ I notice State with additional authority to of service overseas and continuing threats that he doesn’t do that anymore. I waive annuity limitations on reem- against American officials abroad, this don’t know of anybody who does that ployed Foreign Service annuitants to measure would be the single most important anymore. There is a reason: They are morale booster that the Congress could pro- not cowards at all. These are people support U.S. efforts in Iraq and Af- vide, Conversely, a lack of immediate action ghanistan. As enacted, however, sec- on the proposed legislation would be a pro- with great conviction. Some would tion 1602(a) has the unintended effect of found disappointment to our members. even say that, in a demented way, they cutting back significantly on the Sec- Mr, Chairman, I know that you fully un- have great courage. But they are cer- retary of State’s pre-existing authority derstand that Foreign Service members tainly not cowards. Calling them cow- to waive Foreign Service annuity limi- should not be penalized for serving abroad ards gives the wrong impression to the tations in an emergency involving a di- with a 17.5 percent pay cut. That simply isn’t American people that we are fighting a rect threat to life or property or other right. It is our sincere hope that you can per- foe who is afraid of us or afraid of suade Congress to act on this issue now or a something. The problem is they seem unusual circumstances, without regard crucial opportunity will be lost. to geographic location. This technical Again, thank you for your leadership. to be afraid of very little when it correction restores the Secretary’s pre- AFSA is most grateful for your support and comes to this world. They are willing existing authority and provides the in- friendship. to give up their lives. In fact, they tended additional authorities with re- Sincerely, want to give up their lives, and their spect to Iraq and Afghanistan. J. ANTHONY HOLMES, objective, by the way, is to take as Section 207. Discontinuance of Dupli- President. many other lives in the process. The cative or Obsolete Reports discontinues object in this war is not territory; the By Mr. SANTORUM: a number of reports that have been object of this war is submission and S. 3926. A bill to provide for the en- death. overtaken by events or contain mate- ergy, economic, and national security rial that is covered in other executive So we are not dealing with a group of of America, and for other purposes; to cowards. When we tell the American branch submissions to the Congress. the Committee on Finance. I ask my colleagues to give favorable public we are dealing with cowards, Mr. SANTORUM. Mr. President, I they don’t think this is a serious and speedy consideration to this meas- gave a speech a couple weeks ago about ure. enemy that can defeat us. America the situation in the Middle East. I I ask unanimous consent that a let- would never lose to a group of cowards. want to just do a reprise of that in ter be printed in the RECORD. But we can lose to a group of fanatical, There being no objection, the letter brief to discuss the context of intro- zealous Islamists, who have a clear was ordered to be printed in the ducing today what we call the Em- mission and a clear methodology by RECORD, as follows: power America: Securing America’s which to accomplish that mission. Energy Future Act. These are people who are very serious AMERICAN FOREIGN It comes from the basis that I believe SERVICE ASSOCIATION, about what they want to do, whether it Washington, DC, September 20, 2006. we are facing in this country—a threat. is radical Sunnis or radical Shias. They Hon. RICHARD G. LUGAR, We are, in my opinion, already in the have an objective and a common Chairman, Senate Committee on Foreign Rela- very early stages of a world war. We enemy—as does the radical left, rep- tions, Washington, DC. can act now to make this threat— resented so comically, in my opinion, DEAR CHAIRMAN LUGAR: On behalf of the which I believe is a serious one but not so ridiculously, by the speech of Hugo 14,000 members of the American Foreign yet fully actualized—less severe if we Chavez yesterday at the United Na- Service Association (AFSA), please accept do certain things. One of them, as you out sincere appreciation for your leadership tions. What do Mahmud Ahmadi-Nejad, during the 109th Session on a number of will hear at the conclusion of my re- President of Iran, and Hugo Chavez fronts of vital importance to our members marks, will be focusing on our energy have in common? Nothing except their and to the United States. In particular, situation here at home. hatred of everything this country holds AFSA is grateful for your determination to One of the things I hear as a frustra- dear—freedom, democracy, and indi- address the existing pay disparity between tion of so many people I talk to in vidual human rights. That is what they Washington-based Foreign Service personnel Pennsylvania is they look at the con- hate. I would suggest they have as and those on assignment overseas. As you flicts we are in in Afghanistan, Iraq, much in common as Mussolini and Hit- know, this pay equity issue has been our and other places in the world, and they highest priority for many years. ler and Tojo. They had very little in I want you to know the great importance don’t see an end or a strategy of how common ideologically. The Japanese that AFSA attaches to passing legislation we succeed. I suggest that part of that believed in the superiority of the Japa- this year that will make the changes nec- strategy is in creating energy security nese race and wanted to conquer and essary to the Foreign Service Act of 1980 to and developing a whole host of energy rule the world. Hitler didn’t believe in permit a unified worldwide pay schedule. We resources in this country so that we that, but they formed an alliance be- realize that there are many issues that you are not dependent upon—or as depend- cause there was a common enemy. and your colleagues are currently grappling ent upon foreign sources of energy and That is the case here. We are seeing with and will try to get passed before the mid-term election recess next week. Our that we develop the new technologies it. It is, hopefully, a frightening sight great fear, one that we hope you can help us that will allow America to continue to put on display over the last couple of avoid, is that our modest bill, so important grow and keep prices down, and not days at the United Nations, as this to our members, will be shunted aside with just because I want to keep them down character of a President, this ridicu- the rationalization that it can always be for consumers, which is great, but so lous diatribe Hugo Chavez presented to taken up again later. Mr. Chairman, we are we are not providing enormous riches the U.N. received applause from many afraid that your colleagues are in danger of for people to develop nuclear weapons around the world—most leaders around missing an exceptional, perhaps unique, op- and turn around and harm the United the world. This is a serious threat. We portunity to resolve this pay equity issue and to guarantee a win/win outcome for all States and our allies. can look at it and put it in political concerned by creating a model pay-for-per- I believe the threat we face can be terms and say we went to war for the formance personnel system for the Foreign analyzed in a three-pronged approach. wrong reason and this or that wasn’t Service that will be a shining example for As I said on the floor last week or the true. But that is looking in the rear- the rest of the federal government. week before, we face a threat, an view mirror when we have a huge

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00046 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9905 threat. So they have an ideology and a the time, that this is their objective. It Pennsylvania, which I have been in- common enemy. is a messianic vision; they are being volved with—they believe they can use Secondly, they have a very effective compelled by their faith. all sorts of organic matter, such as methodology by which to conduct this Some pass it off as a bunch of dic- waste products, to blend in with the war. It is one that doesn’t require the tators who are just using religion to coal to be able to produce liquid fuel. kind of coordination and resources a prop themselves up, to maintain con- We need to have that technology in traditional military campaign would trol, or to try to dominate bigger areas America, and they need to have that require. They don’t need to conquer of the world. Well, that would be bad technology, and they are developing it, land, to hold ground; they simply need enough. That would be dangerous by the way, in China. We need to create to kill people every day. And they do— enough. But I think we underestimate from the vast amount of energy oppor- every day. And we cover it in America them when we say that. I think we un- tunities that we have in America and every day. American people watch it derestimate President Ahmadi-Nejad around the world new technologies so every day. And every day, the resolve and the ruling mullahs of Iran when we oil becomes less of a valuable com- of the American people is eroded. The say that. I believe they are true believ- modity. This is one concrete way we resolve of the American people is erod- ers, and I don’t think we can afford the can fight the war on radical Islamic ed because—I will use the words of luxury of not believing that they be- fascism. Osama bin Laden—because we Ameri- lieve this. I don’t think we can dismiss I have put together a bill that talks cans love life and the radical Islamists them as another group of two-bit ty- about making—it does, if it would be love death. That is how he said he rants. These are two-bit tyrants who passed—a huge investment, a huge in- would defeat us, because of America’s have billions upon billions of dollars vestment in alternative technologies, a and the West’s love for life and respect and have allies like North Korea, who huge investment in coal, a huge invest- for life, their attachment to this world, have access to nuclear technology. ment in renewables to create a more to the modern world, and the radical They have scientists from Russia who secure energy future for America. We Islamist’s attachment not to this world left Russia because there is nothing for can no longer talk about how we are at all but to death, which, in their them to do, and they are in Tehran going to do this or that we will do it at minds, means life—a better life with today developing rocketry and the nu- some future date. We must act now, Allah. That is their objective, their clear capability to project that power. quickly. We need to provide support for methodology. Their methodology is to Some would say I am beating the the commercialization of this tech- prey upon what they believe is the drums of war. No. I am accurately de- nology. We are not going to see energy weakness of America, what they be- scribing the situation at hand. Some produced at $20 a barrel, the equivalent lieve is the weakness of the West, disagree with me, and they are wel- of oil. We are not going to see it done which is the fact that we respect life, come to. Do you want to take that at $30 or $40 a barrel. It may be more love life, we have human rights, and we chance? Do you want to take the expensive. We have to make sure we believe in freedom. We believe it is our chance of having a nuclear weapon? provide proper support in loan guaran- objective in this world to make it a They are clear about their intention of tees, incentives, and tax credits to better world. They don’t care about developing it. Do you want to take make this a profitable venture and a that at all. So terror is a uniquely ef- that chance? I don’t. secure venture for people to invest in. fective tactic that fits well into their How did this happen? Radical Islam This is not something that normally culture of death and is particularly ef- has been present in the Middle East for I have come to the Chamber and said fective against our culture of life. a long time. We have not heard much that this is the Government’s job. This In addition, they are trying to de- from them except when? In the last 30, is national security. This is not about velop a new weapon; that is, a nuclear 40 years. Why? The price of oil. It is oil, subsidizing big business. This is about weapon. Iran has made it very clear to begin with, and now the high price producing energy here for the security and Chavez has announced his inten- of oil. It gives them the resources to of our country. We either make the in- tion to develop a huge arsenal of weap- not only feed the people to keep them vestment here or we pay a horrible ons of mass destruction to use, in the in power but to produce weapons to price, human as well as financial, in words of Ahmadi-Nejad, ‘‘to wipe Israel project power. The only reason, again, the future. off the face of the earth’’ and use that they have those resources is because of We need to think big, and we need to weaponry to get the rest of the West- this one three-letter word—oil—which think now. That is why—when I spoke ern World to submit to their radical, brings me back to the beginning of this about the comments the Senator from fanatical brand of Islam. discussion. Louisiana made before I came to the This is their ultimate threat. This is If we are going to defeat radical fas- floor on opening up OCS—it is uncon- the ultimate tactic of death and ter- cist Islam, then we have to have a scionable for us to look at the national ror—to have a country that is com- strategy to take resources away from security situation we look at today, to mitted publicly to using nuclear weap- them so they cannot project the power look at the subsidies we are providing ons not to defend itself, not to gain an they can today. The only way to do to our enemies and say: Oh, oh, we earthly dominion over the world, but that is by developing a more secure en- can’t explore for oil in Alaska or OCS. to cause mass chaos and destruction, in ergy future for America and reducing Oh, we are worried about the environ- the case of Iran, for a religious pur- our dependency on that oil, which ment. pose, because what they seek to accom- would reduce the price of energy I am worried about the environment, plish is the return of the Hidden or 12th around the world. We need to encour- too. In my State of Pennsylvania, in Imam. That is the 12th descendant of age not only alternative energy pro- the western part of our State, we drill the Prophet Muhammad who, in the duction in this country; we have to do 3,000 gas wells a year—3,000—on farms, late 800s, went into hiding, according so around the world. We have to do so in neighborhoods, outside neighbor- to the Shia religion, and is destined to around the world by using alternative hoods, in people’s backyards. At return as the messiah of the Islamic technology such as, for example, as I Oakmont Country Club, which is where faith at the end of times—the end of talk about in the bill, coal. the U.S. Open is going to be played, times meaning Armageddon. The inter- One of the greatest new energy con- they are going to drill a gas well right esting twist that the radical Shia sumers in the world is China. They next to Oakmont Country Club. That is project onto the world stage today is don’t have a lot of oil, but they have a pretty much an environmental area. they believe it is their obligation to lot of coal. So it is an opportunity for Nobody wants to pollute Oakmont bring about the return of the Hidden or us, with coal to gas and coal to liquid Country Club. We are going to drill a 12th Imam by causing a modern-day fuels technology, developing and com- gas well there. Armageddon. That is what they be- mercializing that technology. And it is Yet there are people on this floor lieve. You may not have heard this be- not just going to be coal to liquid fuels, who won’t drill those wells in Alaska fore, but let me assure you, that is but if you talk to folks in the business where nobody goes, where nobody is. As what they believe. That is what they who are developing these plants right a result, our country is at risk. We feed say. That is what they talk about all now—and one is being developed in an enemy huge resources to combat us

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00047 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9906 CONGRESSIONAL RECORD — SENATE September 21, 2006 in their attempt to destroy us. It is un- But, as we recently found out with the We have learned that disasters are conscionable for us, a country that pro- aviation terrorist plot uncovered by inevitable. Being prepared is crucial— duces oil and gas cleaner and more effi- the British authorities, there are still especially when the American people ciently than any other country in the holes in the system. cannot rely on the Federal Govern- world, to allow our enemy to hold us, Transportation Security Administra- ment, which was demonstrated by the not just hostage, but to gain resources tion, TSA, has implemented new secu- poor Federal response in Hurricane to destroy us because we placate an in- rity procedures since we learned of the Katrina. Department of Homeland Se- terest group who funds, campaigns, and London terror plot to detonate liquid curity Secretary Michael Chertoff has influences voters. explosives on flights from Great Brit- even said, People should be prepared to I know many in this Chamber and ain to the United States. While I sup- sustain themselves for up to 72 hours many in this country do not believe we port these new procedures, TSA is ask- after a disaster. are at war or do not believe this war is ing passengers to give up their lip Therefore, being prepared and know- serious. Time will tell. I think, unfor- gloss, yet we are not examining cargo ing how to respond in the days fol- tunately, time will tell us in a rel- loaded on board our passenger planes. lowing a natural disaster is extremely atively short period of time how seri- I am pleased that the Department of important. However, people do not ous this is, and we will look back on Homeland Security will launch a pilot know how to prepare, and, unfortu- this time as we stood year after year program at San Francisco Airport, nately, local governments may lack for the past 10 years twiddling our SFO, this October to check all com- the resources to educate their resi- thumbs, not doing what we can do to mercial cargo for explosives on pas- dents. provide a more secure energy future for senger flights. According to the Los Angeles Times, this country, and we will look back in We should be doing this at every air- Los Angeles County officials could not horror of the blinders, of the scales we port to ensure the security of the fly- afford to distribute pamphlets on had on our eyes that we could not see ing public and the solvency of the air- earthquake preparedness for individ- the threat before us. line industry. But until that time, at uals with special needs. We must do something. The bill I am the very least, we need to use at least That is why I am pleased to intro- introducing today is a comprehensive one blast resistant cargo container on duce legislation that will provide package that does a lot to make Amer- passenger planes that carry cargo. This grants, through the Department of ica a safer country, first and foremost, was one of the recommendations of the Homeland Security’s Office of Domes- from a national security perspective 9/11 Commission. tic Preparedness, to local governments and, secondly, from an economic per- For several years, I have been work- to educate the public about how to deal spective. ing to get these containers on planes. with natural disasters, terrorist at- I know we only have a week left. The Currently, TSA is undertaking a tacks, and an influenza pandemic. Senator from Louisiana talked about pilot project using these containers, It is important that we work to make trying to get a bill done. Let’s get some of which are made with Kevlar, sure that local communities are able to something done. I plead for us to get for cargo. But we must move past pilot prepare their citizens to deal with fu- something done to create some new programs. ture disasters. sources of energy for this country, to We should use blast-resistant con- I hope my colleagues will support put some downward pressure on world tainers for cargo on all passenger this legislation. market prices. It is essential for us to planes. That is why I an introducing a f do so. bill to do just that. SUBMITTED RESOLUTIONS We need to make this commitment The 9/11 Commission recommended, for the future of our country. TSA should require that every pas- senger aircraft carrying cargo deploy SENATE RESOLUTION 578—RECOG- By Mrs. BOXER. at least one hardened container to NIZING THAT THE OCCURRENCE S. 3927. A bill to require the place- carry any suspect cargo. Therefore, all OF PROSTATE CANCER IN AFRI- ment of blast-resistant cargo con- passenger planes should have at least CAN AMERICAN MEN HAS tainers on all commercial passenger one blast-resistant container for cargo. REACHED EPIDEMIC PROPOR- aircraft; to the Committee on Com- To place one blast-resistant con- TIONS AND URGING FEDERAL merce, Science, and Transportation. tainer on each plane, it would cost AGENCIES TO ADDRESS THAT Mrs. BOXER. Mr. President, I was about $75 million—this is equal to the HEALTH CRISIS BY DESIG- pleased that the Senate leadership fi- cost of a little more than 5 hours in NATING FUNDS FOR EDUCATION, nally agreed to consider a port security Iraq. Imagine the impact on the secu- AWARENESS OUTREACH, AND bill last week. It is high time we did rity of the country and the financial RESEARCH SPECIFICALLY FO- more about security at our ports. outlook for the airline industry if a CUSED ON HOW THAT DISEASE Our ports are a soft target. We knew plane were to explode during a flight. AFFECTS AFRICAN AMERICAN this before 9/11 and many experts have We owe this to the American people. MEN warned us since that terrible day that We cannot allow terrorists to exploit our ports are vulnerable to attack. holes in our aviation security system. Mr. KERRY submitted the following Since the port security bill was resolution; which was referred to the signed into law at the end of 2002, we By Mrs. BOXER: Committee on Health, Education, have not moved forward on port secu- S. 3928. A bill to provide for the Of- Labor, and Pensions: rity, and it remains dangerously under- fice of Domestic Preparedness of the S. RES. 578 funded. Since the 9/11 attacks, we have Department of Homeland Security to Whereas the incidence of prostate cancer spent only $816 million on port security provide grants to local governments for in African American men is 60 percent higher grants, despite Coast Guard estimates public awareness education relating to than any other racial or ethnic group in the that $5.4 billion is needed over 10 years. preparedness for natural disasters, ter- United States; Whereas African American men have the Addressing port security is critical. rorist attacks, and influenza pandemic; highest mortality rate of any ethnic and ra- However, security for other transpor- to the Committee on Homeland Secu- cial group in the United States, dying at a tation modes is important, but the Re- rity and Governmental Affairs. rate that is 140 percent higher than other publican leadership wanted us to do Mrs. BOXER. Mr. President, in the ethnic and racial groups; port security and nothing else. last 5 years, Americans have faced both Whereas that rate of mortality represents Through the efforts of many Sen- devastating terrorist attacks and nat- the largest disparity of mortality rates in ators, provisions for rail and transit se- ural disasters. We have also been any of the major cancers; curity were included. But, the final bill warned that an avian flu pandemic is a Whereas prostate cancer can be cured with early detection and the proper treatment, re- the Senate approved does not contain strong possibility. gardless of the ethnic or racial group of the any major provisions for aviation secu- In California, we have had fires, cancer patient; rity. Yes, aviation security has im- floods, mudslides, and earthquakes— Whereas African Americans are more like- proved greatly in the last five years. thankfully not the big one. ly to be diagnosed earlier in age and at a

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later stage of cancer progression than for all Whereas for decades the people of Poland S. RES. 580 other ethnic and racial groups, thereby lead- struggled heroicly for freedom and democ- Whereas bees, butterflies, and other polli- ing to lower cure rates and lower chances of racy against that oppression, paying at nator species have a critically important survival; and times the ultimate sacrifice; role in agriculture in the United States and Whereas, according to a recent paper pub- Whereas, in 1980, the Solidarity Trade help to produce a healthy and affordable food lished in the Proceedings of the National Union was formed in Poland; supply and sustain ecosystem health; Academy of Sciences, researchers from the Whereas membership in the Solidarity Whereas pollinators help to produce an es- Dana Farber Cancer Institute and Harvard Trade Union grew rapidly in size to 10,000,000 timated 1 out of every 3 bites of food con- Medical School have discovered a variant of members, and the Union obtained unprece- sumed in the United States and to reproduce a small segment of the human genome that dented moral power that soon threatened the at least 80 percent of flowering plants; accounts for the higher risk of prostate can- Communist government in Poland; Whereas commodities produced in partner- cer in African American men: Now, there- Whereas, on December 13, 1981, the Com- ship with animal pollinators generate sig- fore, be it munist government in Poland crushed the nificant income for agricultural producers, Resolved, That the Senate— Solidarity Trade Union, imprisoned the lead- with domestic honeybees alone pollinating (1) recognizes that prostate cancer has cre- ers of the Union, and imposed martial law on an estimated $14,600,000,000 worth of crops in ated a health crisis for African American Poland; the United States each year produced on men; and Whereas, through his profound influence, more than 2,000,000 acres; (2) declares the critical importance of the Pope John Paul II gave the people of Poland Whereas it is in the strong economic inter- designation of increased funding for— the hope and strength to bear the torch of est of agricultural producers and consumers (A) research to address and attempt to end freedom that eventually lit up all of Europe; in the United States to help ensure a the health crisis created by prostate cancer; Whereas the support of the Polish-Amer- healthy, sustainable pollinator population; and ican community while martial law was im- Whereas possible declines in the health and (B) efforts relating to education, aware- posed on Poland was essential in encour- population of pollinators pose what could be ness, and early detection at the grassroots aging the people of Poland to continue to a significant threat to global food webs, the levels to end that health crisis. struggle for liberty; integrity of biodiversity, and human health; Mr. KERRY. Mr. President, today, I Whereas the people of the United States Whereas the North American Pollinator am joining Congressman GREG MEEKS were greatly supportive of the efforts of the Protection Campaign, managed by the Co- to submit a Senate resolution aimed at people of Poland to rid themselves of an op- evolution Institute, is a tri-national, cooper- raising awareness of the prostate can- pressive government; ative conservation, public-private collabora- Whereas the people of the United States tion of individuals from nearly 140 diverse cer crisis among African-American expressed their support on Christmas Eve men. This Resolution urges Congress to stakeholder groups, including concerned 1981 by lighting candles in their homes to landowners and managers, conservation and provide the funds necessary to prevent show solidarity with the people of Poland environmental groups, scientists, private and fight the disease, and to encourage who were suffering under martial law; businesses, and government agencies; and African-American men to get screened. Whereas, in 1989, the people of Poland fi- Whereas the Pollinator PartnershipTM web Prostate cancer is the second leading nally won the right to hold free parliamen- site (http://www.pollinator.org) has been cre- cause of cancer related death for Afri- tary elections, which led to the election of ated as the source for pollinator informa- can-American men. They have the Poland’s first Prime Minister during the tion: Now, therefore, be it post-war era who was not a member of the Resolved, highest incidence and mortality rate Communist party, Mr. Tadeusz Mazowiecki; due to prostate cancer of any ethnic or SECTION 1. DESIGNATION OF NORTH AMERICAN and POLLINATOR APPRECIATION WEEK. racial group. African-American men Whereas, in 2006, Poland is an important The Senate— are dying at a rate of 140 percent—al- member of the European Union, one of the (1) recognizes the partnership role that pol- most 21⁄2 times—higher than other closest allies of the United States, a contrib- linators play in agriculture and healthy eco- groups. That is the largest disparity uting partner in the North Atlantic Treaty systems; for any major cancer. Organisation, and a reliable partner in the (2) applauds the cooperative conservation No person of any race should have to war on terrorism that maintains an active collaborative efforts of participants in the and crucial presence in Iraq and Afghani- North American Pollinator Protection Cam- suffer unnecessarily from a disease we stan: Now, therefore, be it have the medical science and moral ob- paign to increase awareness about the impor- Resolved, That the Senate— tant role of pollinators and to build support ligation to prevent, detect, and treat. (1) designates December 13, 2006, the 25th for protecting and sustaining pollinators; It should no longer rob sons, daughters, anniversary of the imposition of martial law (3) designates June 24 through 30, 2007, as and wives of their fathers, husbands, by the Communist government in Poland, as ‘‘National Pollinator Week’’; and and loved ones. Just as the doctrine of a Day of Remembrance honoring the sac- (4) encourages the people of the United ‘separate but equal,’ was wrong in edu- rifices paid by the people of Poland during States to observe the week with appropriate cation, it is wrong in health care. We the struggle against Communist rule; ceremonies and activities. have to reform the system so that the (2) honors the people of Poland who risked f their lives to restore liberty in Poland and to quality of health care for every Amer- return Poland to the democratic community SENATE RESOLUTION 581—CON- ican never depends on the color of any of nations; and DEMNING THE ANTI-DEMOCRATIC American’s skin. We need to fund more (3) calls on the people of the United States ACTIONS OF PRESIDENT HUGO research and greater outreach efforts. to remember that the struggle of the people CHAVEZ AND ADMONISHING THE For this reason, I urge every member of Poland greatly contributed to the fall of STATEMENTS MADE BY HIM TO of Congress to support this resolution. Communism and the ultimate end of the Cold War. THE UNITED NATIONS GENERAL f ASSEMBLY ON SEPTEMBER 20, 2006 SENATE RESOLUTION 579—DESIG- f NATING DECEMBER 13, 2006, AS A Mr. BUNNING (for himself, Mr. DAY OF REMEMBRANCE TO SENATE RESOLUTION 580—RECOG- INHOFE, and Mr. VITTER) submitted the HONOR THE 25TH ANNIVERSARY NIZING THE IMPORTANCE OF following resolution; which was re- OF THE IMPOSITION OF MAR- POLLINATORS TO ECOSYSTEM ferred to the Committee on Foreign TIAL LAW BY THE COMMUNIST HEALTH AND AGRICULTURE IN Relations: GOVERNMENT IN POLAND THE UNITED STATES AND THE S. RES. 581 Ms. MIKULSKI (for herself and Mr. VALUE OF PARTNERSHIP EF- Whereas, to consolidate his powers, Presi- SANTORUM) submitted the following FORTS TO INCREASE AWARE- dent Chavez rewrote the constitution of Ven- ezuela after he was elected in 1988; resolution; which was considered and NESS ABOUT POLLINATORS AND agreed to: Whereas, in August 2004, President Chavez SUPPORT FOR PROTECTING AND survived a recall vote through intimidation S. RES. 579 SUSTAINING POLLINATORS BY and other undemocratic actions; Whereas, on May 9, 1945, Europe declared DESIGNATING JUNE 24 THROUGH Whereas President Chavez has decreed that victory over the oppression of the Nazi re- JUNE 30, 2007, AS ‘‘NATIONAL all private property deemed ‘‘not in produc- gime; POLLINATOR WEEK’’ tive use’’ will be confiscated by the govern- Whereas Poland and other countries in ment of Venezuela and redistributed to third Central, Eastern, and Southern Europe soon Mr. CHAMBLISS submitted the fol- parties; fell under the oppressive control of the So- lowing resolution; which was consid- Whereas President Chavez has enacted a viet Union; ered and agreed to: media responsibility law placing restrictions

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00049 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9908 CONGRESSIONAL RECORD — SENATE September 21, 2006 on broadcast media coverage, imposing se- quently referred to as the Admiral Nimitz SA 5027. Mr. BURNS submitted an amend- vere penalties for violations, and using other Museum; ment intended to be proposed by him to the legal methods to intimidate media outlets Whereas the National Museum of the Pa- bill H.R. 6061, supra; which was ordered to lie that criticize his government; cific War in Fredericksburg, Texas, is the on the table. Whereas changes imposed by President only institution in the continental United SA 5028. Mr. SALAZAR (for himself, Mr. Chavez to the penal code of Venezuela have States dedicated exclusively to telling the KENNEDY, Mr. LIEBERMAN, Mr. OBAMA, Mr. threatened the freedom of expression and story and interpreting the experiences of the REID, Mr. LEAHY, Mr. DURBIN, and Mr. CAR- freedom of association once enjoyed by the United States and its allies that took part in PER) submitted an amendment intended to citizens of Venezuela, and have increased jail the Pacific Theater battles of World War II— be proposed by him to the bill H.R. 6061, terms for those convicted of criticizing the on the battlefield, ocean, and home front; supra; which was ordered to lie on the table. government of that country; Whereas the National Museum of the Pa- SA 5029. Mr. DURBIN submitted an amend- Whereas President Chavez and his sup- cific War in Fredericksburg, Texas, has ment intended to be proposed by him to the porters have stated their intention to use grown to nearly 34,000 square feet of indoor bill H.R. 6061, supra; which was ordered to lie their full control of the national assembly to exhibit space; on the table. change the constitution of Venezuela to Whereas the National Museum of the Pa- SA 5030. Mr. LEAHY submitted an amend- allow President Chavez to remain in power cific War in Fredericksburg, Texas, boasts an ment intended to be proposed by him to the until 2030, a period of time that exceeds the impressive display of Allied and Japanese bill H.R. 6061, supra; which was ordered to lie current constitutional limits of Venezuela; aircraft, tanks, guns, and other large arti- on the table. Whereas, in an effort to destabilize the al- facts made famous during the Pacific War SA 5031. Mr. FRIST proposed an amend- ready fragile democratic governments of campaigns; ment to the bill H.R. 6061, supra. other countries in the region, President Cha- Whereas the National Museum of the Pa- SA 5032. Mr. FRIST proposed an amend- vez is supporting radical forces in Colombia, cific War in Fredericksburg, Texas, high- ment to amendment SA 5031 proposed by Mr. Bolivia, and Ecuador, as well as leftist par- lights— FRIST to the bill H.R. 6061, supra. ties in those countries; (1) the personal effects of those who made SA 5033. Mr. FRIST (for Mr. LUGAR (for Whereas President Chavez has repeatedly history in the Pacific; himself, Mr. BROWNBACK, Mr. MARTINEZ, Mr. stated his desire to unite Latin America to (2) aircraft and battleship remnants; HAGEL, Mr. CORNYN, Mrs. HUTCHISON, Mr. (3) art; and DEWINE, Mr. COLEMAN, Mr. CHAFEE, Mr. serve as a buffer against the United States; (4) other rare treasures; ALEXANDER, Mr. SUNUNU, and Mr. SPECTER)) Whereas President Chavez has aligned him- Whereas there remains a need to preserve self with countries that are classified by the proposed an amendment to the bill H.R. 3127, in a museum setting both— to impose sanctions against individuals re- Department of State as sponsors of ter- (1) evidence of the honor, courage, patriot- sponsible for genocide, war crimes, and rorism; ism, and sacrifice of those Americans who crimes against humanity, to support meas- Whereas President Chavez has developed a served and sacrificed in the defense of liberty ures for the protection of civilians and hu- close relationship with the Dictator of Cuba, during World War II; and Fidel Castro; (2) evidence of other relevant subjects; and manitarian operations, and to support peace Whereas President Chavez has also associ- Whereas the National Museum of the Pa- efforts in the Darfur region of Sudan, and for ated himself with other dictators, including cific War in Fredericksburg, Texas, houses other purposes. Kim Jong Il of North Korea and the totali- an archival collection of materials—main- SA 5034. Mr. CRAIG proposed an amend- tarian regime of Iran; tained by the Center for Pacific War Stud- ment to the bill S. 2562, to increase, effective Whereas President Chavez was allowed to ies—that contains more than 10,000 Pacific as of December 1, 2006, the rates of com- promote hatred in a speech in which he de- War photos, an extensive collection of pri- pensation for veterans with service-con- livered at the United Nations General As- vate papers, official documents, and manu- nected disabilities and the rates of depend- sembly on September 20, 2006, and referred to scripts, and a research library of more than ency and indemnity compensation for the the President of the United States as ‘‘the 3,000 volumes, all related to the Pacific War: survivors of certain disabled veterans. devil’’; Now, therefore, be it f Whereas President Chavez referred to the Resolved by the Senate (the House of Rep- President of the United States as ‘‘the resentatives concurring), That Congress— TEXT OF AMENDMENTS spokesman of imperialism’’ for the efforts of (1) designates the National Museum of the SA 5026. Mr. BURNS submitted an the United States to aid the citizens of Af- Pacific War in Fredericksburg, Texas, in- amendment intended to be proposed by ghanistan and Iraq in the goal of those citi- cluding the museum’s future and expanded him to the bill H.R. 6061, to establish zens to create a permanent and viable rep- exhibits, collections, archives, artifacts, and operational control over the inter- resentative government; and education programs, as ‘‘The National Mu- Whereas President Chavez made unsub- seum of the Pacific War’’; national land and maritime borders of stantial claims that the United States has (2) supports efforts to preserve historic mo- the United States; which was ordered set in motion a coup in Venezuela and con- ments in our Nation’s history; to lie on the table; as follows: tinues to support coup attempts in Ven- (3) recognizes that the continued collec- At the appropriate place, insert the fol- ezuela and elsewhere: Now, therefore, be it tion, preservation, and display of the histor- lowing: Resolved, that the Senate condemns Presi- ical objects and other historical materials SEC. l. ENHANCED BORDER SURVEILLANCE. dent Chavez for his anti-democratic actions held by The National Museum of the Pacific Not later than 1 year after the date of the and his statements made at the United Na- War enhance our knowledge and under- enactment of this Act, the Secretary of tions General Assembly on September 20, standing of the experience of past and Homeland Security, in cooperation with the 2006. present members of the United States Armed Administrator of the Federal Aviation Ad- f Forces among freedom-loving people around ministration, shall establish a 1-year pilot the world; program at the Northern Border Air Wing SENATE CONCURRENT RESOLU- (4) asks all Americans to join in cele- bases of the Office of Customs and Border TION 117—OFFICIALLY DESIG- brating The National Museum of the Pacific Protection Air and Marine to test the use of NATING THE NATIONAL MUSEUM War and its mission of preserving and safe- unmanned aerial vehicles for border surveil- OF THE PACIFIC WAR IN FRED- guarding the legacy of the heroes of the Pa- lance along the international marine and ERICKSBURG, TEXAS, AS THE cific War; and land border between Canada and the United (5) encourages present and future genera- States. NATIONAL MUSEUM OF THE PA- tions to understand the sacrifices all Ameri- CIFIC WAR cans made during the difficult times of SA 5027. Mr. BURNS submitted an Mr. CORNYN (for himself and Mrs. World War II, to understand how World War amendment intended to be proposed by HUTCHISON) submitted the following II shaped the Nation, other countries, and him to the bill H.R. 6061, to establish concurrent resolution; which was re- subsequent world events, and how the sac- rifices made then helped preserve liberty, de- operational control over the inter- ferred to the Committee on Energy and mocracy, and other founding principles for national land and maritime borders of Natural Resources: generations to come. the United States; which was ordered S. CON. RES. 117 f to lie on the table; as follows: Whereas the National Museum of the Pa- At the appropriate place, insert the fol- cific War in Fredericksburg, Texas, was AMENDMENTS SUBMITTED AND lowing: founded in 1966 by local citizens in honor of PROPOSED SEC. ll. STUDY ON METHAMPHETAMINE INFIL- Admiral Chester Nimitz, a Fredericksburg, SA 5026. Mr. BURNS submitted an amend- TRATION AT THE BORDERS. Texas, native and in honor of those who ment intended to be proposed by him to the Not later than 180 days after the date of served in the World War II Pacific War, de- bill H.R. 6061, to establish operational con- enactment of this Act, the Secretary of fending liberty and Nation; trol over the international land and mari- Homeland Security, in conjunction with the Whereas the National Museum of the Pa- time borders of the United States; which was Drug Enforcement Agency, shall report to cific War in Fredericksburg, Texas, is fre- ordered to lie on the table. Congress—

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00050 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9909 (1) on the amount and type of meth- Sec. 133. Temporary National Guard support Sec. 230. Laundering of monetary instru- amphetamine seizures occurring at both the for securing the southern land ments. northern and southern borders; and border of the United States. Sec. 231. Listing of Immigration violators in (2) after considering the flow of meth- Sec. 134. Report on incentives to encourage the National Crime Information amphetamine and its precursors across our certain members and former Center database. borders, recommendations identifying fund- Members of the Armed Forces Sec. 232. Cooperative enforcement programs. ing, equipment, and infrastructure needs to to serve in the Bureau of Cus- Sec. 233. Increase of Federal detention space better combat methamphetamine trafficking toms and Border Protection. and the utilization of facilities across United States borders with particular Sec. 135. Western Hemisphere Travel Initia- identified for closures as a re- attention to the manpower and equipment tive. sult of the Defense Base Closure needs on Indian reservations located at or Subtitle D—Border Tunnel Prevention Act Realignment Act of 1990. Sec. 234. Determination of Immigration sta- near United States borders. Sec. 141. Short title. Sec. 142. Construction of border tunnel or tus of individuals charged with SA 5028. Mr. SALAZAR (for himself, passage. Federal offenses. Mr. KENNEDY, Mr. LIEBERMAN, Mr. Sec. 143. Directive to the United States Sen- Sec. 235. Expansion of the Justice Prisoner and Alien Transfer System. OBAMA, Mr. REID, Mr. LEAHY, Mr. DUR- tencing Commission. BIN, and Mr. CARPER) submitted an Subtitle E—Border Law Enforcement Relief TITLE III—UNLAWFUL EMPLOYMENT OF amendment intended to be proposed by Act ALIENS him to the bill H.R. 6061, to establish Sec. 151. Short title. Sec. 301. Unlawful employment of aliens. Sec. 152. Findings. Sec. 302. Employer Compliance Fund. operational control over the inter- Sec. 303. Additional worksite enforcement national land and maritime borders of Sec. 153. Border relief grant Program. Sec. 154. Enforcement of Federal Immigra- and fraud detection agents. the United States; which was ordered tion law. Sec. 304. Clarification of ineligibility for misrepresentation. to lie on the table; as follows: Subtitle F—Rapid Response Measures Sec. 305. Antidiscrimination protections. On page 7, after line 10, add the following: Sec. 161. Deployment of Border Patrol TITLE IV—NONIMMIGRANT AND DIVISION A—COMPREHENSIVE agents. IMMIGRANT VISA REFORM IMMIGRATION REFORM Sec. 162. Border Patrol major assets. Subtitle A—Temporary Guest Workers SECTION 1. SHORT TITLE; TABLE OF CONTENTS. Sec. 163. Electronic equipment. Sec. 164. Personal equipment. (a) SHORT TITLE.—This division may be Sec. 401. Immigration impact study. cited as the ‘‘Comprehensive Immigration Sec. 165. Authorization of appropriations. Sec. 402. Nonimmigrant temporary worker. Reform Act of 2006’’. TITLE II—INTERIOR ENFORCEMENT Sec. 403. Admission of nonimmigrant tem- porary guest workers. (b) TABLE OF CONTENTS.—The table of con- Sec. 201. Removal and denial of benefits to Sec. 404. Employer obligations. tents for this division is as follows: terrorist aliens. Sec. 202. Detention and removal of aliens or- Sec. 405. ALIEN employment management DIVISION A—COMPREHENSIVE System. IMMIGRATION REFORM dered removed. Sec. 203. Aggravated felony. Sec. 406. Rulemaking; effective date. Sec. 1. Short title; table of contents. Sec. 204. Terrorist bars. Sec. 407. Recruitment of United States Sec. 2. Reference to the Immigration and Sec. 205. Increased criminal penalties re- workers. Nationality Act. lated to gang violence, removal, Sec. 408. Temporary guest worker VISA Pro- Sec. 3. Definitions. and alien smuggling. gram Task Force. Sec. 4. Severability. Sec. 206. Illegal entry. Sec. 409. Requirements for participating TITLE I—BORDER ENFORCEMENT Sec. 207. Illegal reentry. countries. Sec. 208. Reform of passport, VISA, and Im- Sec. 410. S visas. Subtitle A—Assets for Controlling United Sec. 411. L VISA limitations. States Borders migration fraud offenses. Sec. 209. Inadmissibility and removal for Sec. 412. Compliance investigators. Sec. 101. Enforcement personnel. passport and Immigration fraud Sec. 413. VISA waiver Program expansion. Sec. 102. Technological assets. offenses. Sec. 414. Authorization of appropriations. Sec. 103. Infrastructure. Sec. 210. Incarceration of criminal aliens. Subtitle B—Immigration Injunction Reform Sec. 104. Border Patrol checkpoints. Sec. 211. Encouraging aliens to depart vol- Sec. 421. Short title. Sec. 105. Ports of entry. untarily. Sec. 422. Appropriate remedies for Immigra- Sec. 106. Construction of strategic border Sec. 212. Deterring aliens ordered removed tion legislation. fencing and vehicle barriers. from remaining in the United Sec. 423. Effective date. Subtitle B—Border Security Plans, States unlawfully. TITLE V—BACKLOG REDUCTION Strategies, and Reports Sec. 213. Prohibition of the sale of firearms Sec. 501. Elimination of existing backlogs. to, or the possession of firearms Sec. 111. Surveillance plan. Sec. 502. Country limits. Sec. 112. National Strategy for Border Secu- by certain aliens. Sec. 503. Allocation of immigrant visas. Sec. 214. Uniform statute of limitations for rity. Sec. 504. Relief for minor children and wid- certain Immigration, natu- Sec. 113. Reports on improving the exchange ows. of information on North Amer- ralization, and peonage of- Sec. 505. Shortage occupations. ican security. fenses. Sec. 506. Relief for widows and orphans. Sec. 114. Improving the security of Mexico’s Sec. 215. Diplomatic security Service. Sec. 507. Student visas. southern border. Sec. 216. Field agent allocation and back- Sec. 508. Visas for individuals with advanced Sec. 115. Combating human smuggling. ground checks. degrees. Sec. 116. Deaths at United States-Mexico Sec. 217. Construction. Sec. 509. Children of Filipino World War II border. Sec. 218. State Criminal Alien Assistance veterans. Sec. 117. Cooperation with the Government Program. Sec. 510. Expedited adjudication of employer of Mexico. Sec. 219. Transportation and processing of petitions for aliens of extraor- illegal aliens apprehended by Subtitle C—Other Border Security dinary artistic ability. State and local law enforce- Initiatives Sec. 511. Powerline workers. ment officers. Sec. 512. Determinations with respect to Sec. 121. Biometric data enhancements. Sec. 220. Reducing illegal Immigration and children under the Haitian Ref- Sec. 122. Secure communication. ALIEN smuggling on tribal Sec. 123. Border Patrol training capacity re- ugee Immigration Fairness Act lands. of 1998. view. Sec. 221. Alternatives to detention. Sec. 124. Us–visit System. Sec. 222. Conforming amendment. Subtitle B—SKIL Act Sec. 125. Document fraud detection. Sec. 223. Reporting requirements. Sec. 521. Short title. Sec. 126. Improved document integrity. Sec. 224. State and local Enforcement of Sec. 522. H–1b VISA holders. Sec. 127. Cancellation of visas. Federal Immigration laws. Sec. 523. Market-based VISA limits. Sec. 128. Biometric entry-exit System. Sec. 225. Removal of drunk drivers. Sec. 524. United States educated immi- Sec. 129. Border study. Sec. 226. Medical services in underserved grants. Sec. 130. Secure Border Initiative financial areas. Sec. 525. Student visa reform. accountability. Sec. 227. Expedited removal. Sec. 526. L–1 VISA holders Subject to VISA Sec. 131. Mandatory detention for aliens ap- Sec. 228. Protecting immigrants from con- backlog. prehended at or between ports victed sex offenders. Sec. 527. Retaining workers Subject to green of entry. Sec. 229. Law enforcement authority of card backlog. Sec. 132. Evasion of inspection or violation States and political subdivi- Sec. 528. Streamlining the adjudication of arrival, reporting, entry, or sions and transfer to Federal process for established employ- clearance requirements. custody. ers.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00051 Fmt 4624 Sfmt 0655 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9910 CONGRESSIONAL RECORD — SENATE September 21, 2006 Sec. 529. Providing premium processing of Sec. 643. Strengthening American citizen- Sec. 762. Unmanned Aerial Vehicles. Employment-Based visa peti- ship. Sec. 763. Relief for widows and orphans. tions. Sec. 644. Supplemental Immigration fee. Sec. 764. Terrorist activities. Sec. 530. Eliminating procedural delays in Sec. 645. Addressing poverty in Mexico. Sec. 765. Family unity. labor certification process. TITLE VII—MISCELLANEOUS Sec. 766. Travel document plan. Sec. 531. Completion of background and se- Sec. 767. English as national language. Subtitle A—Immigration Litigation curity checks. Sec. 768. Requirements for naturalization. Reduction Sec. 532. VISA revalidation. Sec. 769. Declaration of English. CHAPTER 1—APPEALS AND REVIEW Subtitle C—Preservation of Immigration Sec. 770. Preserving and enhancing the role Benefits for Hurricane Katrina Victims Sec. 701. Additional Immigration personnel. of the English language. Sec. 771. Exclusion of illegal aliens from Sec. 541. Short title. CHAPTER 2—IMMIGRATION REVIEW REFORM congressional apportionment Sec. 542. Definitions. Sec. 702. Board of Immigration Appeals. Sec. 543. Special immigrant status. Sec. 703. Immigration judges. tabulations. Sec. 544. Extension of filing or reentry dead- Sec. 704. Removal and review of judges. Sec. 772. Office of Internal Corruption Inves- lines. Sec. 705. Legal orientation Program. tigation. Sec. 545. Humanitarian relief for certain sur- Sec. 706. Regulations. Sec. 773. Adjustment of status for certain viving spouses and children. Sec. 707. GAO study on the appellate process persecuted religious minorities. Sec. 546. Recipient of public benefits. for Immigration appeals. Sec. 774. Eligibility of agricultural and for- Sec. 547. Age-out protection. Sec. 708. Senior judge participation in the estry workers for certain legal Sec. 548. Employment eligibility selection of magistrates. assistance. verification. Sec. 775. Designation of Program countries. Subtitle B—Citizenship Assistance for Sec. 776. Global healthcare cooperation. Sec. 549. Naturalization. Members of the Armed Services Sec. 550. Discretionary authority. Sec. 777. Attestation by healthcare workers. Sec. 551. Evidentiary standards and regula- Sec. 711. Short title. Sec. 778. Public access to the Statue of Lib- Sec. 712. Waiver of requirement for finger- tions. erty. Sec. 552. Identification documents. prints for Members of the Sec. 779. National security determination. Sec. 553. Waiver of regulations. Armed Forces. TITLE VIII—INTERCOUNTRY ADOPTION Sec. 554. Notices of change of address. Sec. 713. Provision of information on natu- REFORM ralization to Members of the Sec. 555. Foreign students and exchange Sec. 801. Short title. Program participants. Armed Forces. Sec. 714. Provision of information on natu- Sec. 802. Findings; purposes. TITLE VI—WORK AUTHORIZATION AND ralization to the public. Sec. 803. Definitions. LEGALIZATION OF UNDOCUMENTED IN- Sec. 715. Reports. Subtitle A—Administration of Intercountry DIVIDUALS Subtitle C—State Court Interpreter Grant Adoptions Subtitle A—Access to Earned Adjustment Program Sec. 811. Office of Intercountry Adoptions. and Mandatory Departure and Reentry Sec. 721. Short title. Sec. 812. Recognition of Convention adop- Sec. 601. Access to earned adjustment and Sec. 722. Findings. tions in the United States. mandatory departure and re- Sec. 723. State court interpreter Program. Sec. 813. Technical and conforming amend- entry. Sec. 724. Authorization of appropriations. ment. Sec. 814. Transfer of functions. Subtitle B—Agricultural Job Opportunities, Subtitle D—Border Infrastructure and Benefits, and Security Sec. 815. Transfer of resources. Technology Modernization Sec. 816. Incidental transfers. Sec. 611. Short title. Sec. 731. Short title. Sec. 817. Savings provisions. Sec. 612. Definitions. Sec. 732. Definitions. Subtitle B—Reform of United States Laws CHAPTER 1—PILOT PROGRAM FOR EARNED Sec. 733. Port of Entry Infrastructure As- Governing Intercountry Adoptions STATUS ADJUSTMENT OF AGRICULTURAL sessment Study. WORKERS Sec. 734. National Land Border Security Sec. 821. Automatic acquisition of citizen- ship for adopted children born Sec. 613. Agricultural workers. Plan. Sec. 614. Correction of Social Security Sec. 735. Expansion of commerce security outside the United States. records. programs. Sec. 822. Revised procedures. Sec. 736. Port of entry technology dem- Sec. 823. Nonimmigrant visas for children CHAPTER 2—REFORM OF H–2A WORKER traveling to the United States PROGRAM onstration Program. Sec. 737. Authorization of appropriations. to be adopted by a United Sec. 615. Amendment to the Immigration States citizen. and Nationality Act. Subtitle E—Family Humanitarian Relief Sec. 824. Definition of adoptable child. CHAPTER 3—MISCELLANEOUS PROVISIONS Sec. 741. Short title. Sec. 825. Approval to adopt. Sec. 742. Adjustment of status for certain Sec. 616. Determination and use of user fees. Sec. 826. Adjudication of child status. nonimmigrant victims of ter- Sec. 617. Regulations. Sec. 827. Funds. rorism. Sec. 618. Report to Congress. Subtitle C—Enforcement Sec. 743. Cancellation of removal for certain Sec. 619. Effective date. immigrant victims of ter- Sec. 831. Civil penalties and enforcement. Subtitle C—DREAM Act rorism. Sec. 832. Criminal penalties. Sec. 621. Short title. Sec. 744. Exceptions. SEC. 2. REFERENCE TO THE IMMIGRATION AND Sec. 622. Definitions. Sec. 745. Evidence of death. NATIONALITY ACT. Sec. 623. Restoration of State option to de- Sec. 746. Definitions. Except as otherwise expressly provided, termine residency for purposes Subtitle F—Other Matters whenever in this division an amendment or of higher Education benefits. repeal is expressed in terms of an amend- Sec. 751. Noncitizen membership in the Sec. 624. Cancellation of removal and adjust- ment to, or repeal of, a section or other pro- Armed Forces. ment of status of certain Long- vision, the reference shall be considered to Sec. 752. Nonimmigrant alien status for cer- Term residents who entered the be made to a section or other provision of tain athletes. United States as children. the Immigration and Nationality Act (8 Sec. 753. Extension of returning worker ex- Sec. 625. Conditional permanent resident U.S.C. 1101 et seq.). emption. status. Sec. 754. Surveillance technologies pro- SEC. 3. DEFINITIONS. Sec. 626. Retroactive benefits. grams. In this division: Sec. 627. Exclusive jurisdiction. Sec. 755. Comprehensive Immigration effi- (1) DEPARTMENT.—Except as otherwise pro- Sec. 628. Penalties for false statements in ciency review. vided, the term ‘‘Department’’ means the De- application. Sec. 756. Northern Border Prosecution Ini- partment of Homeland Security. Sec. 629. Confidentiality of information. tiative. (2) SECRETARY.—Except as otherwise pro- Sec. 630. Expedited processing of applica- Sec. 757. Southwest Border Prosecution Ini- vided, the term ‘‘Secretary’’ means the Sec- tions; prohibition on fees. tiative. retary of Homeland Security. Sec. 631. Higher Education assistance. Sec. 758. Grant Program to assist eligible SEC. 4. SEVERABILITY. Sec. 632. GAO report. applicants. If any provision of this Act, any amend- Subtitle D—Programs To Assist Sec. 759. Screening of municipal solid waste. ment made by this Act, or the application of Nonimmigrant Workers Sec. 760. Access to Immigration services in such provision or amendment to any person Sec. 641. Ineligibility and removal prior to areas that are not accessible by or circumstance is held to be invalid for any application period. road. reason, the remainder of this Act, the Sec. 642. Grants to support public education Sec. 761. Border Security on certain Federal amendments made by this Act, and the ap- and community training. land. plication of the provisions of such to any

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00052 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9911 other person or circumstance shall not be af- ‘‘(4) 2,400 in fiscal year 2009; hicle barriers and facilities necessary to fected by such holding. ‘‘(5) 2,400 in fiscal year 2010; and achieve operational control of the inter- TITLE I—BORDER ENFORCEMENT ‘‘(6) 2,400 in fiscal year 2011; national borders of the United States. (b) AUTHORIZATION OF APPROPRIATIONS.— Subtitle A—Assets for Controlling United ‘‘(b) NORTHERN BORDER.—In each of the fis- There are authorized to be appropriated to States Borders cal years 2006 through 2011, in addition to the border patrol agents assigned along the the Secretary such sums as may be nec- SEC. 101. ENFORCEMENT PERSONNEL. northern border of the United States during essary for each of the fiscal years 2007 (a) ADDITIONAL PERSONNEL.— the previous fiscal year, the Secretary shall through 2011 to carry out subsection (a). (1) PORT OF ENTRY INSPECTORS.—In each of assign a number of border patrol agents SEC. 104. BORDER PATROL CHECKPOINTS. the fiscal years 2007 through 2011, the Sec- equal to not less than 20 percent of the net The Secretary may maintain temporary or retary shall, subject to the availability of increase in border patrol agents during each permanent checkpoints on roadways in bor- appropriations, increase by not less than 500 such fiscal year. der patrol sectors that are located in prox- the number of positions for full-time active ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.— imity to the international border between duty port of entry inspectors and provide ap- There are authorized to be appropriated such the United States and Mexico. propriate training, equipment, and support sums as may be necessary for each of fiscal SEC. 105. PORTS OF ENTRY. to such additional inspectors. years 2007 through 2011 to carry out this sec- The Secretary is authorized to— (2) INVESTIGATIVE PERSONNEL.— tion.’’. (1) construct additional ports of entry (A) IMMIGRATION AND CUSTOMS ENFORCE- SEC. 102. TECHNOLOGICAL ASSETS. along the international land borders of the MENT INVESTIGATORS.—Section 5203 of the In- United States, at locations to be determined telligence Reform and Terrorism Prevention (a) ACQUISITION.—Subject to the avail- ability of appropriations, the Secretary shall by the Secretary; and Act of 2004 (Public Law 108–458; 118 Stat. 3734) (2) make necessary improvements to the is amended by striking ‘‘800’’ and inserting procure additional unmanned aerial vehicles, cameras, poles, sensors, and other tech- ports of entry in existence on the date of the ‘‘1000’’. enactment of this Act. (B) ADDITIONAL PERSONNEL.—In addition to nologies necessary to achieve operational control of the international borders of the SEC. 106. CONSTRUCTION OF STRATEGIC BOR- the positions authorized under section 5203 of DER FENCING AND VEHICLE BAR- the Intelligence Reform and Terrorism Pre- United States and to establish a security pe- rimeter known as a ‘‘virtual fence’’ along RIERS. vention Act of 2004, as amended by subpara- (a) TUCSON SECTOR.—The Secretary shall— such international borders to provide a bar- graph (A), during each of the fiscal years 2007 (1) replace all aged, deteriorating, or dam- rier to illegal immigration. through 2011, the Secretary shall, subject to aged primary fencing in the Tucson Sector (b) INCREASED AVAILABILITY OF EQUIP- the availability of appropriations, increase located proximate to population centers in MENT.—The Secretary and the Secretary of by not less than 200 the number of positions Douglas, Nogales, Naco, and Lukeville, Ari- Defense shall develop and implement a plan for personnel within the Department as- zona with double- or triple-layered fencing to use authorities provided to the Secretary signed to investigate alien smuggling. running parallel to the international border of Defense under chapter 18 of title 10, (3) DEPUTY UNITED STATES MARSHALS.—In between the United States and Mexico; United States Code, to increase the avail- each of the fiscal years 2007 through 2011, the (2) extend the double- or triple-layered ability and use of Department of Defense Attorney General shall, subject to the avail- fencing for a distance of not less than 2 miles equipment, including unmanned aerial vehi- ability of appropriations, increase by not beyond urban areas, except that the double- cles, tethered aerostat radars, and other sur- less than 50 the number of positions for full- or triple-layered fence shall extend west of veillance equipment, to assist the Secretary time active duty Deputy United States Mar- Naco, Arizona, for a distance of 10 miles; and in carrying out surveillance activities con- shals that investigate criminal matters re- (3) construct not less than 150 miles of ve- ducted at or near the international land bor- lated to immigration. hicle barriers and all-weather roads in the ders of the United States to prevent illegal (4) RECRUITMENT OF FORMER MILITARY PER- Tucson Sector running parallel to the inter- immigration. SONNEL.— national border between the United States (c) REPORT.—Not later than 6 months after (A) IN GENERAL.—The Commissioner of and Mexico in areas that are known transit United States Customs and Border Protec- the date of enactment of this Act, the Sec- retary and the Secretary of Defense shall points for illegal cross-border traffic. tion, in conjunction with the Secretary of (b) YUMA SECTOR.—The Secretary shall— submit to Congress a report that contains— Defense or a designee of the Secretary of De- (1) replace all aged, deteriorating, or dam- (1) a description of the current use of De- fense, shall establish a program to actively aged primary fencing in the Yuma Sector lo- partment of Defense equipment to assist the recruit members of the Army, Navy, Air cated proximate to population centers in Secretary in carrying out surveillance of the Force, Marine Corps, and Coast Guard who Yuma, Somerton, and San Luis, Arizona international land borders of the United have elected to separate from active duty. with double- or triple-layered fencing run- States and assessment of the risks to citi- (B) REPORT.—Not later than 180 days after ning parallel to the international border be- zens of the United States and foreign policy the date of the enactment of this Act, the tween the United States and Mexico; interests associated with the use of such Commissioner shall submit a report on the (2) extend the double- or triple-layered equipment; implementation of the recruitment program fencing for a distance of not less than 2 miles (2) the plan developed under subsection (b) established pursuant to subparagraph (A) to beyond urban areas in the Yuma Sector; and to increase the use of Department of Defense the Committee on the Judiciary of the Sen- (3) construct not less than 50 miles of vehi- equipment to assist such surveillance activi- ate and the Committee on the Judiciary of cle barriers and all-weather roads in the ties; and the House of Representatives. Yuma Sector running parallel to the inter- (3) a description of the types of equipment (b) AUTHORIZATION OF APPROPRIATIONS.— national border between the United States and other support to be provided by the Sec- (1) PORT OF ENTRY INSPECTORS.—There are and Mexico in areas that are known transit retary of Defense under such plan during the authorized to be appropriated to the Sec- points for illegal cross-border traffic. 1-year period beginning on the date of the retary such sums as may be necessary for (c) OTHER HIGH TRAFFICKED AREAS.—The each of the fiscal years 2007 through 2011 to submission of the report. Secretary shall construct not less than 370 carry out paragraph (1) of subsection (a). (d) AUTHORIZATION OF APPROPRIATIONS.— miles of triple-layered fencing which may in- (2) DEPUTY UNITED STATES MARSHALS.— There are authorized to be appropriated to clude portions already constructed in San There are authorized to be appropriated to the Secretary such sums as may be nec- Diego Tucson and Yuma Sectors, and 500 the Attorney General such sums as may be essary for each of the fiscal years 2007 miles of vehicle barriers in other areas along necessary for each of the fiscal years 2007 through 2011 to carry out subsection (a). the southwest border that the Secretary de- through 2011 to carry out subsection (a)(3). (e) UNMANNED AERIAL VEHICLE PILOT PRO- termines are areas that are most often used (3) BORDER PATROL AGENTS.—Section 5202 of GRAM.—During the 1-year period beginning by smugglers and illegal aliens attempting the Intelligence Reform and Terrorism Pre- on the date on which the report is submitted to gain illegal entry into the United States. vention Act of 2004 (118 Stat. 3734) is amend- under subsection (c), the Secretary shall con- (d) CONSTRUCTION DEADLINE.—The Sec- ed to read as follows: duct a pilot program to test unmanned aerial retary shall immediately commence con- ‘‘SEC. 5202. INCREASE IN FULL-TIME BORDER PA- vehicles for border surveillance along the struction of the fencing, barriers, and roads TROL AGENTS. international border between Canada and the described in subsections (a), (b), and (c) and ‘‘(a) ANNUAL INCREASES.—The Secretary of United States. shall complete such construction not later Homeland Security shall, subject to the (f) CONSTRUCTION.—Nothing in this section than 2 years after the date of the enactment availability of appropriations for such pur- may be construed as altering or amending of this Act. pose, increase the number of positions for the prohibition on the use of any part of the (e) REPORT.—Not later than 1 year after full-time active-duty border patrol agents Army or the Air Force as a posse comitatus the date of the enactment of this Act, the within the Department of Homeland Secu- under section 1385 of title 18, United States Secretary shall submit a report to the Com- rity (above the number of such positions for Code. mittee on the Judiciary of the Senate and which funds were appropriated for the pre- SEC. 103. INFRASTRUCTURE. the Committee on the Judiciary of the House ceding fiscal year), by— (a) CONSTRUCTION OF BORDER CONTROL FA- of Representatives that describes the ‘‘(1) 2,000 in fiscal year 2006; CILITIES.—Subject to the availability of ap- progress that has been made in constructing ‘‘(2) 2,400 in fiscal year 2007; propriations, the Secretary shall construct the fencing, barriers, and roads described in ‘‘(3) 2,400 in fiscal year 2008; all-weather roads and acquire additional ve- subsections (a), (b), and (c).

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(f) AUTHORIZATION OF APPROPRIATIONS.— ligence capacities, technology, equipment, SEC. 113. REPORTS ON IMPROVING THE EX- There are authorized to be appropriated such personnel, and training needed to address se- CHANGE OF INFORMATION ON sums as may be necessary to carry out this curity vulnerabilities. NORTH AMERICAN SECURITY. section. (6) An assessment of staffing needs for all (a) REQUIREMENT FOR REPORTS.—Not later than 1 year after the date of the enactment Subtitle B—Border Security Plans, border security functions, taking into ac- count threat and vulnerability information of this Act, and annually thereafter, the Sec- Strategies, and Reports retary of State, in coordination with the pertaining to the borders and the impact of SEC. 111. SURVEILLANCE PLAN. Secretary and the heads of other appropriate new security programs, policies, and tech- (a) REQUIREMENT FOR PLAN.—The Sec- Federal agencies, shall submit to Congress a nologies. retary shall develop a comprehensive plan report on improving the exchange of infor- (7) A description of the border security for the systematic surveillance of the inter- mation related to the security of North national land and maritime borders of the roles and missions of Federal, State, re- America. gional, local, and tribal authorities, and rec- United States. (b) CONTENTS.—Each report submitted ommendations regarding actions the Sec- (b) CONTENT.—The plan required by sub- under subsection (a) shall contain a descrip- section (a) shall include the following: retary can carry out to improve coordination tion of the following: (1) An assessment of existing technologies with such authorities to enable border secu- (1) SECURITY CLEARANCES AND DOCUMENT IN- employed on the international land and mar- rity and enforcement activities to be carried TEGRITY.—The progress made toward the de- itime borders of the United States. out in a more efficient and effective manner. velopment of common enrollment, security, (2) A description of the compatibility of (8) An assessment of existing efforts and technical, and biometric standards for the new surveillance technologies with surveil- technologies used for border security and the issuance, authentication, validation, and re- lance technologies in use by the Secretary effect of the use of such efforts and tech- pudiation of secure documents, including— on the date of the enactment of this Act. nologies on civil rights, personal property (A) technical and biometric standards (3) A description of how the Commissioner rights, privacy rights, and civil liberties, in- based on best practices and consistent with of the United States Customs and Border cluding an assessment of efforts to take into international standards for the issuance, au- Protection of the Department is working, or account asylum seekers, trafficking victims, thentication, validation, and repudiation of is expected to work, with the Under Sec- unaccompanied minor aliens, and other vul- travel documents, including— retary for Science and Technology of the De- nerable populations. (i) passports; partment to identify and test surveillance (9) A prioritized list of research and devel- (ii) visas; and technology. opment objectives to enhance the security of (iii) permanent resident cards; (4) A description of the specific surveil- the international land and maritime borders (B) working with Canada and Mexico to en- lance technology to be deployed. of the United States. courage foreign governments to enact laws (5) Identification of any obstacles that may (10) A description of ways to ensure that to combat alien smuggling and trafficking, impede such deployment. the free flow of travel and commerce is not and laws to forbid the use and manufacture (6) A detailed estimate of all costs associ- diminished by efforts, activities, and pro- of fraudulent travel documents and to pro- ated with such deployment and with contin- grams aimed at securing the international mote information sharing; ued maintenance of such technologies. land and maritime borders of the United (C) applying the necessary pressures and (7) A description of how the Secretary is States. support to ensure that other countries meet working with the Administrator of the Fed- (11) An assessment of additional detention proper travel document standards and are eral Aviation Administration on safety and facilities and beds that are needed to detain committed to travel document verification airspace control issues associated with the unlawful aliens apprehended at United before the citizens of such countries travel use of unmanned aerial vehicles. States ports of entry or along the inter- internationally, including travel by such (c) SUBMISSION TO CONGRESS.—Not later national land borders of the United States. citizens to the United States; and than 6 months after the date of the enact- (12) A description of the performance (D) providing technical assistance for the ment of this Act, the Secretary shall submit metrics to be used to ensure accountability development and maintenance of a national to Congress the plan required by this sec- by the bureaus of the Department in imple- database built upon identified best practices tion. menting such Strategy. for biometrics associated with visa and trav- (13) A schedule for the implementation of SEC. 112. NATIONAL STRATEGY FOR BORDER SE- el documents. CURITY. the security measures described in such (2) IMMIGRATION AND VISA MANAGEMENT.— (a) REQUIREMENT FOR STRATEGY.—The Sec- Strategy, including a prioritization of secu- The progress of efforts to share information retary, in consultation with the heads of rity measures, realistic deadlines for ad- regarding high-risk individuals who may at- other appropriate Federal agencies, shall de- dressing the security and enforcement needs, tempt to enter Canada, Mexico, or the velop a National Strategy for Border Secu- an estimate of the resources needed to carry United States, including the progress made— rity that describes actions to be carried out out such measures, and a description of how (A) in implementing the Statement of Mu- to achieve operational control over all ports such resources should be allocated. tual Understanding on Information Sharing, of entry into the United States and the (c) CONSULTATION.—In developing the Na- signed by Canada and the United States in tional Strategy for Border Security, the Sec- international land and maritime borders of February 2003; and retary shall consult with representatives the United States. (B) in identifying trends related to immi- of— (b) CONTENT.—The National Strategy for gration fraud, including asylum and docu- Border Security shall include the following: (1) State, local, and tribal authorities with ment fraud, and to analyze such trends. responsibility for locations along the inter- (1) The implementation schedule for the (3) VISA POLICY COORDINATION AND IMMIGRA- national land and maritime borders of the comprehensive plan for systematic surveil- TION SECURITY.—The progress made by Can- lance described in section 111. United States; and ada, Mexico, and the United States to en- (2) An assessment of the threat posed by (2) appropriate private sector entities, non- hance the security of North America by co- terrorists and terrorist groups that may try governmental organizations, and affected operating on visa policy and identifying best to infiltrate the United States at locations communities that have expertise in areas re- practices regarding immigration security, along the international land and maritime lated to border security. including the progress made— (d) COORDINATION.—The National Strategy borders of the United States. (A) in enhancing consultation among offi- for Border Security shall be consistent with (3) A risk assessment for all United States the National Strategy for Maritime Security cials who issue visas at the consulates or em- ports of entry and all portions of the inter- developed pursuant to Homeland Security bassies of Canada, Mexico, or the United national land and maritime borders of the Presidential Directive 13, dated December 21, States throughout the world to share infor- United States that includes a description of 2004. mation, trends, and best practices on visa activities being undertaken— (e) SUBMISSION TO CONGRESS.— flows; (A) to prevent the entry of terrorists, other (1) STRATEGY.—Not later than 1 year after (B) in comparing the procedures and poli- unlawful aliens, instruments of terrorism, the date of the enactment of this Act, the cies of Canada and the United States related narcotics, and other contraband into the Secretary shall submit to Congress the Na- to visitor visa processing, including— United States; and tional Strategy for Border Security. (i) application process; (B) to protect critical infrastructure at or (2) UPDATES.—The Secretary shall submit (ii) interview policy; near such ports of entry or borders. to Congress any update of such Strategy that (iii) general screening procedures; (4) An assessment of the legal require- the Secretary determines is necessary, not (iv) visa validity; ments that prevent achieving and maintain- later than 30 days after such update is devel- (v) quality control measures; and ing operational control over the entire inter- oped. (vi) access to appeal or review; national land and maritime borders of the (f) IMMEDIATE ACTION.—Nothing in this sec- (C) in exploring methods for Canada, Mex- United States. tion or section 111 may be construed to re- ico, and the United States to waive visa re- (5) An assessment of the most appropriate, lieve the Secretary of the responsibility to quirements for nationals and citizens of the practical, and cost-effective means of defend- take all actions necessary and appropriate to same foreign countries; ing the international land and maritime bor- achieve and maintain operational control (D) in providing technical assistance for ders of the United States against threats to over the entire international land and mari- the development and maintenance of a na- security and illegal transit, including intel- time borders of the United States. tional database built upon identified best

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IMPROVING THE SECURITY OF MEXI- retary shall develop and implement a plan to migration security strategy for North Amer- CO’S SOUTHERN BORDER. improve coordination between the Bureau of ica that works toward the development of a (a) TECHNICAL ASSISTANCE.—The Secretary Immigration and Customs Enforcement and common security perimeter by enhancing of State, in coordination with the Secretary, the Bureau of Customs and Border Protec- technical assistance for programs and sys- shall work to cooperate with the head of tion of the Department and any other Fed- tems to support advance automated report- Foreign Affairs Canada and the appropriate eral, State, local, or tribal authorities, as de- termined appropriate by the Secretary, to ing and risk targeting of international pas- officials of the Government of Mexico to es- improve coordination efforts to combat sengers; tablish a program— human smuggling. (F) in sharing information on lost and sto- (1) to assess the specific needs of Guate- len passports on a real-time basis among im- (b) CONTENT.—In developing the plan re- mala and Belize in maintaining the security quired by subsection (a), the Secretary shall migration or law enforcement officials of of the international borders of such coun- Canada, Mexico, and the United States; and consider— tries; (1) the interoperability of databases uti- (G) in collecting 10 fingerprints from each (2) to use the assessment made under para- individual who applies for a visa. lized to prevent human smuggling; graph (1) to determine the financial and (2) adequate and effective personnel train- (4) NORTH AMERICAN VISITOR OVERSTAY PRO- technical support needed by Guatemala and GRAM.—The progress made by Canada and ing; Belize from Canada, Mexico, and the United (3) methods and programs to effectively the United States in implementing parallel States to meet such needs; entry-exit tracking systems that, while re- target networks that engage in such smug- (3) to provide technical assistance to Gua- gling; specting the privacy laws of both countries, temala and Belize to promote issuance of se- share information regarding third country (4) effective utilization of— cure passports and travel documents by such nationals who have overstayed their period (A) visas for victims of trafficking and countries; and of authorized admission in either Canada or other crimes; and (4) to encourage Guatemala and Belize— the United States. (B) investigatory techniques, equipment, (A) to control alien smuggling and traf- (5) TERRORIST WATCH LISTS.—The progress and procedures that prevent, detect, and ficking; made in enhancing the capacity of the prosecute international money laundering (B) to prevent the use and manufacture of United States to combat terrorism through and other operations that are utilized in fraudulent travel documents; and the coordination of counterterrorism efforts, smuggling; (C) to share relevant information with including the progress made— (5) joint measures, with the Secretary of Mexico, Canada, and the United States. (A) in developing and implementing bilat- State, to enhance intelligence sharing and eral agreements between Canada and the (b) BORDER SECURITY FOR BELIZE, GUATE- cooperation with foreign governments whose United States and between Mexico and the MALA, AND MEXICO.—The Secretary, in con- citizens are preyed on by human smugglers; United States to govern the sharing of ter- sultation with the Secretary of State, shall and rorist watch list data and to comprehen- work to cooperate— (6) other measures that the Secretary con- sively enumerate the uses of such data by (1) with the appropriate officials of the siders appropriate to combating human the governments of each country; Government of Guatemala and the Govern- smuggling. (B) in establishing appropriate linkages ment of Belize to provide law enforcement (c) REPORT.—Not later than 1 year after among Canada, Mexico, and the United assistance to Guatemala and Belize that spe- implementing the plan described in sub- States Terrorist Screening Center; and cifically addresses immigration issues to in- section (a), the Secretary shall submit to (C) in exploring with foreign governments crease the ability of the Government of Gua- Congress a report on such plan, including the establishment of a multilateral watch temala to dismantle human smuggling orga- any recommendations for legislative action list mechanism that would facilitate direct nizations and gain additional control over to improve efforts to combating human coordination between the country that iden- the international border between Guatemala smuggling. tifies an individual as an individual included and Belize; and (d) SAVINGS PROVISION.—Nothing in this section may be construed to provide addi- on a watch list, and the country that owns (2) with the appropriate officials of the tional authority to any State or local entity such list, including procedures that satisfy Government of Belize, the Government of to enforce Federal immigration laws. the security concerns and are consistent Guatemala, the Government of Mexico, and with the privacy and other laws of each par- the governments of neighboring contiguous SEC. 116. DEATHS AT UNITED STATES-MEXICO BORDER. ticipating country. countries to establish a program to provide (a) COLLECTION OF STATISTICS.—The Com- (6) MONEY LAUNDERING, CURRENCY SMUG- needed equipment, technical assistance, and missioner of the Bureau of Customs and Bor- GLING, AND ALIEN SMUGGLING.—The progress vehicles to manage, regulate, and patrol the der Protection shall collect statistics relat- made in improving information sharing and international borders between Mexico and ing to deaths occurring at the border be- law enforcement cooperation in combating Guatemala and between Mexico and Belize. tween the United States and Mexico, includ- (c) TRACKING CENTRAL AMERICAN GANGS.— organized crime, including the progress ing— made— The Secretary of State, in coordination with (1) the causes of the deaths; and (A) in combating currency smuggling, the Secretary and the Director of the Fed- (2) the total number of deaths. eral Bureau of Investigation, shall work to money laundering, alien smuggling, and traf- (b) REPORT.—Not later than 1 year after ficking in alcohol, firearms, and explosives; cooperate with the appropriate officials of the date of enactment of this Act, and annu- (B) in implementing the agreement be- the Government of Mexico, the Government ally thereafter, the Commissioner of the Bu- tween Canada and the United States known of Guatemala, the Government of Belize, and reau of Customs and Border Protection shall as the Firearms Trafficking Action Plan; the governments of other Central American submit to the Secretary a report that— (C) in determining the feasibility of formu- countries— (1) analyzes trends with respect to the sta- lating a firearms trafficking action plan be- (1) to assess the direct and indirect impact tistics collected under subsection (a) during tween Mexico and the United States; on the United States and Central America of the preceding year; and (D) in developing a joint threat assessment deporting violent criminal aliens; (2) recommends actions to reduce the on organized crime between Canada and the (2) to establish a program and database to deaths described in subsection (a). United States; track individuals involved in Central Amer- SEC. 117. COOPERATION WITH THE GOVERNMENT (E) in determining the feasibility of formu- ican gang activities; OF MEXICO. lating a joint threat assessment on organized (3) to develop a mechanism that is accept- (a) COOPERATION REGARDING BORDER SECU- crime between Mexico and the United States; able to the governments of Belize, Guate- RITY.—The Secretary of State, in coopera- (F) in developing mechanisms to exchange mala, Mexico, the United States, and other tion with the Secretary and representatives information on findings, seizures, and cap- appropriate countries to notify such a gov- of Federal, State, and local law enforcement ture of individuals transporting undeclared ernment if an individual suspected of gang agencies that are involved in border security currency; and activity will be deported to that country and immigration enforcement efforts, shall (G) in developing and implementing a plan prior to the deportation and to provide sup- work with the appropriate officials from the to combat the transnational threat of illegal port for the reintegration of such deportees Government of Mexico to improve coordina- drug trafficking. into that country; and tion between the United States and Mexico (7) LAW ENFORCEMENT COOPERATION.—The (4) to develop an agreement to share all regarding— progress made in enhancing law enforcement relevant information related to individuals (1) improved border security along the cooperation among Canada, Mexico, and the connected with Central American gangs. international border between the United United States through enhanced technical (d) LIMITATIONS ON ASSISTANCE.—Any funds States and Mexico; assistance for the development and mainte- made available to carry out this section (2) the reduction of human trafficking and nance of a national database built upon iden- shall be subject to the limitations contained smuggling between the United States and tified best practices for biometrics associ- in section 551 of the Foreign Operations, Ex- Mexico; ated with known and suspected criminals or port Financing, and Related Programs Ap- (3) the reduction of drug trafficking and terrorists, including exploring the formation propriations Act of 2006 (Public Law 109–102; smuggling between the United States and of law enforcement teams that include per- 119 Stat. 2218). Mexico;

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(4) the reduction of gang membership in SEC. 123. BORDER PATROL TRAINING CAPACITY (d) AUTHORIZATION OF APPROPRIATIONS.— the United States and Mexico; REVIEW. There are authorized to be appropriated to (5) the reduction of violence against (a) IN GENERAL.—The Comptroller General the Secretary such sums as may be nec- women in the United States and Mexico; and of the United States shall conduct a review essary for each of fiscal years 2007 through (6) the reduction of other violence and of the basic training provided to Border Pa- 2011 to carry out this section. trol agents by the Secretary to ensure that criminal activity. SEC. 126. IMPROVED DOCUMENT INTEGRITY. such training is provided as efficiently and (b) COOPERATION REGARDING EDUCATION ON (a) IN GENERAL.—Section 303 of the En- cost-effectively as possible. IMMIGRATION LAWS.—The Secretary of State, hanced Border Security and Visa Entry Re- (b) COMPONENTS OF REVIEW.—The review in cooperation with other appropriate Fed- form Act of 2002 (8 U.S.C. 1732) is amended— eral officials, shall work with the appro- under subsection (a) shall include the fol- lowing components: (1) by striking ‘‘Attorney General’’ each priate officials from the Government of Mex- place it appears and inserting ‘‘Secretary of ico to carry out activities to educate citizens (1) An evaluation of the length and content of the basic training curriculum provided to Homeland Security’’; and nationals of Mexico regarding eligibility (2) in the heading, by striking ‘‘ENTRY for status as a nonimmigrant under Federal new Border Patrol agents by the Federal Law Enforcement Training Center, including AND EXIT DOCUMENTS’’ and inserting law to ensure that the citizens and nationals ‘‘TRAVEL AND ENTRY DOCUMENTS AND are not exploited while working in the a description of how such curriculum has changed since September 11, 2001, and an EVIDENCE OF STATUS’’; United States. (3) in subsection (b)(1)— (c) COOPERATION REGARDING CIRCULAR MI- evaluation of language and cultural diversity training programs provided within such cur- (A) by striking ‘‘Not later than October 26, GRATION.—The Secretary of State, in co- 2004, the’’ and inserting ‘‘The’’; and operation with the Secretary of Labor and riculum. (2) A review and a detailed breakdown of (B) by striking ‘‘visas and’’ both places it other appropriate Federal officials, shall appears and inserting ‘‘visas, evidence of sta- work with the appropriate officials from the the costs incurred by the Bureau of Customs and Border Protection and the Federal Law tus, and’’; Government of Mexico to improve coordina- (4) by redesignating subsection (d) as sub- tion between the United States and Mexico Enforcement Training Center to train 1 new Border Patrol agent. section (e); and to encourage circular migration, including (5) by inserting after subsection (c) the fol- assisting in the development of economic op- (3) A comparison, based on the review and breakdown under paragraph (2), of the costs, lowing: portunities and providing job training for ‘‘(d) OTHER DOCUMENTS.—Not later than effectiveness, scope, and quality, including citizens and nationals in Mexico. October 26, 2007, every document, other than geographic characteristics, with other simi- (d) CONSULTATION REQUIREMENT.—Federal, an interim document, issued by the Sec- lar training programs provided by State and State, and local representatives in the retary of Homeland Security, which may be local agencies, nonprofit organizations, uni- United States shall consult with their coun- used as evidence of an alien’s status as an versities, and the private sector. terparts in Mexico concerning the construc- immigrant, nonimmigrant, parolee, asylee, (4) An evaluation of whether utilizing com- tion of additional fencing and related border or refugee, shall be machine-readable and parable non-Federal training programs, pro- security structures along the international tamper-resistant, and shall incorporate a bi- ficiency testing, and long-distance learning border between the United States and Mex- ometric identifier to allow the Secretary of programs may affect— ico, as authorized by this title, before the Homeland Security to verify electronically (A) the cost-effectiveness of increasing the commencement of any such construction in the identity and status of the alien.’’. order to— number of Border Patrol agents trained per SEC. 127. CANCELLATION OF VISAS. (1) solicit the views of affected commu- year; Section 222(g) (8 U.S.C. 1202(g)) is amend- nities; (B) the per agent costs of basic training; ed— (2) lessen tensions; and and (1) in paragraph (1)— (3) foster greater understanding and (C) the scope and quality of basic training (A) by striking ‘‘Attorney General’’ and in- stronger cooperation on this and other im- needed to fulfill the mission and duties of a serting ‘‘Secretary of Homeland Security’’; portant security issues of mutual concern. Border Patrol agent. and (e) ANNUAL REPORT.—Not later than 180 SEC. 124. US–VISIT SYSTEM. (B) by inserting ‘‘and any other non- days after the date of enactment of this Act, Not later than 6 months after the date of immigrant visa issued by the United States and annually thereafter, the Secretary of the enactment of this Act, the Secretary, in that is in the possession of the alien’’ after State shall submit to Congress a report on consultation with the heads of other appro- ‘‘such visa’’; and the actions taken by the United States and priate Federal agencies, shall submit to Con- (2) in paragraph (2)(A), by striking ‘‘(other Mexico under this section. gress a schedule for— than the visa described in paragraph (1)) Subtitle C—Other Border Security Initiatives (1) equipping all land border ports of entry of the United States with the U.S.-Visitor issued in a consular office located in the SEC. 121. BIOMETRIC DATA ENHANCEMENTS. and Immigrant Status Indicator Technology country of the alien’s nationality’’ and in- Not later than October 1, 2007, the Sec- (US–VISIT) system implemented under sec- serting ‘‘(other than a visa described in para- retary shall— tion 110 of the Illegal Immigration Reform graph (1)) issued in a consular office located (1) in consultation with the Attorney Gen- and Immigrant Responsibility Act of 1996 (8 in the country of the alien’s nationality or eral, enhance connectivity between the U.S.C. 1365a); foreign residence’’. Automated Biometric Fingerprint Identifica- (2) developing and deploying at such ports SEC. 128. BIOMETRIC ENTRY-EXIT SYSTEM. tion System (IDENT) of the Department and of entry the exit component of the US–VISIT (a) COLLECTION OF BIOMETRIC DATA FROM the Integrated Automated Fingerprint Iden- system; and ALIENS DEPARTING THE UNITED STATES.—Sec- tification System (IAFIS) of the Federal Bu- (3) making interoperable all immigration tion 215 (8 U.S.C. 1185) is amended— reau of Investigation to ensure more expedi- screening systems operated by the Sec- (1) by redesignating subsection (c) as sub- tious data searches; and retary. section (g); (2) in consultation with the Secretary of SEC. 125. DOCUMENT FRAUD DETECTION. (2) by moving subsection (g), as redesig- State, collect all fingerprints from each (a) TRAINING.—Subject to the availability nated by paragraph (1), to the end; and alien required to provide fingerprints during of appropriations, the Secretary shall pro- (3) by inserting after subsection (b) the fol- the alien’s initial enrollment in the inte- vide all Customs and Border Protection offi- lowing: grated entry and exit data system described cers with training in identifying and detect- ‘‘(c) The Secretary of Homeland Security is in section 110 of the Illegal Immigration Re- ing fraudulent travel documents. Such train- authorized to require aliens departing the form and Immigrant Responsibility Act of ing shall be developed in consultation with United States to provide biometric data and 1996 (8 U.S.C. 1365a). the head of the Forensic Document Labora- other information relating to their immigra- SEC. 122. SECURE COMMUNICATION. tory of the Bureau of Immigration and Cus- tion status.’’. The Secretary shall, as expeditiously as toms Enforcement. (b) INSPECTION OF APPLICANTS FOR ADMIS- practicable, develop and implement a plan to (b) FORENSIC DOCUMENT LABORATORY.—The SION.—Section 235(d) (8 U.S.C. 1225(d)) is improve the use of satellite communications Secretary shall provide all Customs and Bor- amended by adding at the end the following: and other technologies to ensure clear and der Protection officers with access to the Fo- ‘‘(5) AUTHORITY TO COLLECT BIOMETRIC secure 2-way communication capabilities— rensic Document Laboratory. DATA.—In conducting inspections under sub- (1) among all Border Patrol agents con- (c) ASSESSMENT.— section (b), immigration officers are author- ducting operations between ports of entry; (1) REQUIREMENT FOR ASSESSMENT.—The In- ized to collect biometric data from— (2) between Border Patrol agents and their spector General of the Department shall con- ‘‘(A) any applicant for admission or alien respective Border Patrol stations; duct an independent assessment of the accu- seeking to transit through the United (3) between Border Patrol agents and resi- racy and reliability of the Forensic Docu- States; or dents in remote areas along the inter- ment Laboratory. ‘‘(B) any lawful permanent resident who is national land borders of the United States; (2) REPORT TO CONGRESS.—Not later than 6 entering the United States and who is not re- and months after the date of the enactment of garded as seeking admission pursuant to sec- (4) between all appropriate border security this Act, the Inspector General shall submit tion 101(a)(13)(C).’’. agencies of the Department and State, local, to Congress the findings of the assessment (c) COLLECTION OF BIOMETRIC DATA FROM and tribal law enforcement agencies. required by paragraph (1). ALIEN CREWMEN.—Section 252 (8 U.S.C. 1282)

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00056 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9915 is amended by adding at the end the fol- issues of eminent domain and riparian (B) significant delays in contract execu- lowing: rights; tion; ‘‘(d) An immigration officer is authorized (7) an estimate of the costs associated with (C) lack of rigorous departmental contract to collect biometric data from an alien crew- building a barrier system, including costs as- management; man seeking permission to land temporarily sociated with excavation, construction, and (D) insufficient departmental financial in the United States.’’. maintenance; oversight; (d) GROUNDS OF INADMISSIBILITY.—Section (8) an assessment of the effect of such a (E) bundling that limits the ability of 212 (8 U.S.C. 1182) is amended— system on Indian reservations and units of small businesses to compete; or (1) in subsection (a)(7), by adding at the the National Park System; (F) other high risk business practices. end the following: (9) an assessment of the necessity of con- (c) REPORTS BY THE SECRETARY.— ‘‘(C) WITHHOLDERS OF BIOMETRIC DATA.— structing such a system after the implemen- (1) IN GENERAL.—Not later than 30 days Any alien who knowingly fails to comply tation of provisions of this Act relating to after the receipt of each report required with a lawful request for biometric data guest workers, visa reform, and interior and under subsection (b)(2), the Secretary shall under section 215(c) or 235(d) is inadmis- worksite enforcement, and the likely effect submit a report, to the Committee on the sible.’’; and of such provisions on undocumented immi- Judiciary of the Senate and the Committee (2) in subsection (d), by inserting after gration and the flow of illegal immigrants on the Judiciary of the House of Representa- paragraph (1) the following: across the international border of the United tives, that describes— ‘‘(2) The Secretary of Homeland Security States; (A) the findings of the report received from shall determine whether a ground for inad- (10) an assessment of the impact of such a the Inspector General; and missibility exists with respect to an alien de- system on diplomatic relations between the (B) the steps the Secretary has taken, or scribed in subparagraph (C) of subsection United States and Mexico, Central America, plans to take, to address the problems iden- (a)(7) and may waive the application of such and South America, including the likely im- tified in such report. subparagraph for an individual alien or a pact of such a system on existing and poten- (2) CONTRACTS WITH FOREIGN COMPANIES.— class of aliens, at the discretion of the Sec- tial areas of bilateral and multilateral coop- Not later than 60 days after the initiation of retary.’’. erative enforcement efforts; each contract action with a company whose (e) IMPLEMENTATION.—Section 7208 of the 9/ (11) an assessment of the impact of such a headquarters is not based in the United 11 Commission Implementation Act of 2004 (8 system on the quality of life within border States, the Secretary shall submit a report U.S.C. 1365b) is amended— communities in the United States and Mex- to the Committee on the Judiciary of the (1) in subsection (c), by adding at the end ico, including its impact on noise and light Senate and the Committee on the Judiciary the following: pollution, housing, transportation, security, of the House of Representatives, regarding ‘‘(3) IMPLEMENTATION.—In fully imple- and environmental health; the Secure Border Initiative. menting the automated biometric entry and (12) an assessment of the likelihood that (d) REPORTS ON UNITED STATES PORTS.— exit data system under this section, the Sec- such a system would lead to increased viola- Not later that 30 days after receiving infor- retary is not required to comply with the re- tions of the human rights, health, safety, or mation regarding a proposed purchase of a quirements of chapter 5 of title 5, United civil rights of individuals in the region near contract to manage the operations of a States Code (commonly referred to as the the southern international border of the United States port by a foreign entity, the Administrative Procedure Act) or any other United States, regardless of the immigration Committee on Foreign Investment in the law relating to rulemaking, information col- status of such individuals; United States shall submit a report to Con- lection, or publication in the Federal Reg- (13) an assessment of the effect such a sys- gress that describes— ister.’’; and tem would have on violence near the south- (1) the proposed purchase; (2) in subsection (l)— ern international border of the United (2) any security concerns related to the (A) by striking ‘‘There are authorized’’ and States; and proposed purchase; and inserting the following: (14) an assessment of the effect of such a (3) the manner in which such security con- ‘‘(1) IN GENERAL.—There are authorized’’; system on the vulnerability of the United cerns have been addressed. and States to infiltration by terrorists or other (e) AUTHORIZATION OF APPROPRIATIONS.—In (B) by adding at the end the following: agents intending to inflict direct harm on addition to amounts that are otherwise au- ‘‘(2) IMPLEMENTATION AT ALL LAND BORDER the United States. thorized to be appropriated to the Office of PORTS OF ENTRY.—There are authorized to be (b) REPORT.—Not later than 9 months after the Inspector General of the Department, appropriated such sums as may be necessary the date of the enactment of this Act, the there are authorized to be appropriated to for each of fiscal years 2007 and 2008 to imple- Secretary shall submit to Congress a report the Office, to enable the Office to carry out ment the automated biometric entry and on the study described in subsection (a). this section— exit data system at all land border ports of SEC. 130. SECURE BORDER INITIATIVE FINAN- (1) for fiscal year 2007, not less than 5 per- entry.’’. CIAL ACCOUNTABILITY. cent of the overall budget of the Office for SEC. 129. BORDER STUDY. (a) IN GENERAL.—The Inspector General of such fiscal year; (a) SOUTHERN BORDER STUDY.—The Sec- the Department shall review each contract (2) for fiscal year 2008, not less than 6 per- retary, in consultation with the Attorney action relating to the Secure Border Initia- cent of the overall budget of the Office for General, the Secretary of the Interior, the tive having a value of more than $20,000,000, such fiscal year; and Secretary of Agriculture, the Secretary of to determine whether each such action fully (3) for fiscal year 2009, not less than 7 per- Defense, the Secretary of Commerce, and the complies with applicable cost requirements, cent of the overall budget of the Office for Administrator of the Environmental Protec- performance objectives, program milestones, such fiscal year. tion Agency, shall conduct a study on the inclusion of small, minority, and women- SEC. 131. MANDATORY DETENTION FOR ALIENS construction of a system of physical barriers owned business, and time lines. The Inspec- APPREHENDED AT OR BETWEEN along the southern international land and tor General shall complete a review under PORTS OF ENTRY. maritime border of the United States. The this subsection with respect to each contract (a) IN GENERAL.—Beginning on October 1, study shall include— action— 2007, an alien (other than a national of Mex- (1) an assessment of the necessity of con- (1) not later than 60 days after the date of ico) who is attempting to illegally enter the structing such a system, including the iden- the initiation of the action; and United States and who is apprehended at a tification of areas of high priority for the (2) upon the conclusion of the performance United States port of entry or along the construction of such a system determined of the contract. international land and maritime border of after consideration of factors including the (b) INSPECTOR GENERAL.— the United States shall be detained until re- amount of narcotics trafficking and the (1) ACTION.—If the Inspector General be- moved or a final decision granting admission number of illegal immigrants apprehended in comes aware of any improper conduct or has been determined, unless the alien— such areas; wrongdoing in the course of conducting a (1) is permitted to withdraw an application (2) an assessment of the feasibility of con- contract review under subsection (a), the In- for admission under section 235(a)(4) of the structing such a system; spector General shall, as expeditiously as Immigration and Nationality Act (8 U.S.C. (3) an assessment of the international, na- practicable, refer information relating to 1225(a)(4)) and immediately departs from the tional, and regional environmental impact of such improper conduct or wrongdoing to the United States pursuant to such section; or such a system, including the impact on zon- Secretary, or to another appropriate official (2) is paroled into the United States by the ing, global climate change, ozone depletion, of the Department, who shall determine Secretary for urgent humanitarian reasons biodiversity loss, and transboundary pollu- whether to temporarily suspend the con- or significant public benefit in accordance tion; tractor from further participation in the Se- with section 212(d)(5)(A) of such Act (8 U.S.C. (4) an assessment of the necessity for ports cure Border Initiative. 1182(d)(5)(A)). of entry along such a system; (2) REPORT.—Upon the completion of each (b) REQUIREMENTS DURING INTERIM PE- (5) an assessment of the impact such a sys- review described in subsection (a), the In- RIOD.—Beginning 60 days after the date of tem would have on international trade, com- spector General shall submit to the Sec- the enactment of this Act and before October merce, and tourism; retary a report containing the findings of the 1, 2007, an alien described in subsection (a) (6) an assessment of the effect of such a review, including findings regarding— may be released with a notice to appear only system on private property rights including (A) cost overruns; if—

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(1) the Secretary determines, after con- (c) FAILURE TO OBEY BORDER ENFORCEMENT Commonwealth of Puerto Rico, Guam, and ducting all appropriate background and secu- OFFICERS.—Section 111 of title 18, United the Virgin Islands. rity checks on the alien, that the alien does States Code, is amended by inserting after (3) The term ‘‘State along the southern not pose a national security risk; and subsection (b) the following: border of the United States’’ means each of (2) the alien provides a bond of not less ‘‘(c) FAILURE TO OBEY LAWFUL ORDERS OF the following: than $5,000. BORDER ENFORCEMENT OFFICERS.—Whoever (A) The State of Arizona. (c) RULES OF CONSTRUCTION.— willfully disregards or disobeys the lawful (B) The State of California. (1) ASYLUM AND REMOVAL.—Nothing in this authority or commend of any officer or em- (C) The State of New Mexico. section shall be construed as limiting the ployee of the United States charged with en- (D) The State of Texas. right of an alien to apply for asylum or for forcing the immigration, customs, or other (g) DURATION OF AUTHORITY.—The author- relief or deferral of removal based on a fear laws of the United States while engaged in, ity of this section shall expire on January 1, of persecution. or on account of, the performance of official 2009. (2) TREATMENT OF CERTAIN ALIENS.—The duties shall be fined under this title or im- (h) PROHIBITION ON DIRECT PARTICIPATION mandatory detention requirement in sub- prisoned for not more than 5 years, or IN LAW ENFORCEMENT.—Activities carried section (a) does not apply to any alien who is both.’’. out under the authority of this section shall a native or citizen of a country in the West- SEC. 133. TEMPORARY NATIONAL GUARD SUP- not include the direct participation of a ern Hemisphere with whose government the PORT FOR SECURING THE SOUTH- member of the National Guard in a search, United States does not have full diplomatic ERN LAND BORDER OF THE UNITED seizure, arrest, or similar activity. relations. STATES. SEC. 134. REPORT ON INCENTIVES TO ENCOUR- (3) DISCRETION.—Nothing in this section (a) AUTHORITY TO PROVIDE ASSISTANCE.—(1) AGE CERTAIN MEMBERS AND shall be construed as limiting the authority With the approval of the Secretary of De- FORMER MEMBERS OF THE ARMED of the Secretary, in the Secretary’s sole fense, the Governor of a State may order any FORCES TO SERVE IN THE BUREAU unreviewable discretion, to determine units or personnel of the National Guard of OF CUSTOMS AND BORDER PROTEC- TION. whether an alien described in clause (ii) of such State to perform annual training duty under section 502(a) of title 32, United States (a) REPORT REQUIRED.—Not later than 60 section 235(b)(1)(B) of the Immigration and days after the date of the enactment of this Nationality Act shall be detained or released Code, to carry out in any State along the southern land border of the United States Act, the Secretary of Homeland Security and after a finding of a credible fear of persecu- the Secretary of Defense shall jointly submit tion (as defined in clause (v) of such section). the activities authorized in subsection (b), for the purpose of securing such border. Such to the appropriate committees of Congress a SEC. 132. EVASION OF INSPECTION OR VIOLA- duty shall not exceed 21 days in any year. report assessing the desirability and feasi- TION OF ARRIVAL, REPORTING, bility of offering incentives to covered mem- ENTRY, OR CLEARANCE REQUIRE- (2) With the approval of the Secretary of MENTS. Defense, the Governor of a State may order bers and former members of the Armed (a) IN GENERAL.—Chapter 27 of title 18, any units or personnel of the National Guard Forces for the purpose of encouraging such United States Code, is amended by adding at of such State to perform duty under section members to serve in the Bureau of Customs the end the following: 502(f) of title 32, United States Code, to pro- and Border Protection. vide command, control, and continuity of (b) COVERED MEMBERS AND FORMER MEM- ‘‘§ 555. Evasion of inspection or during viola- support for units or personnel performing an- BERS OF THE ARMED FORCES.—For purposes of tion of arrival, reporting, entry, or clear- nual training duty under paragraph (1). this section, covered members and former ance requirements (b) AUTHORIZED ACTIVITIES.—The activities members of the Armed Forces are the fol- ‘‘(a) PROHIBITION.—A person shall be pun- authorized by this subsection are any of the lowing: ished as described in subsection (b) if such following: (1) Members of the reserve components of person attempts to elude or eludes customs, (1) Ground reconnaissance activities; the Armed Forces. immigration, or agriculture inspection or (2) Airborne reconnaissance activities; (2) Former members of the Armed Forces fails to stop at the command of an officer or (3) Logistical support; within two years of separation from service employee of the United States charged with (4) Provision of translation services and in the Armed Forces. enforcing the immigration, customs, or training; (c) REQUIREMENTS AND LIMITATIONS.— other laws of the United States at a port of (5) Administrative support services; (1) NATURE OF INCENTIVES.—In considering entry or customs or immigration check- (6) Technical training services; incentives for purposes of the report required point. (7) Emergency medical assistance and serv- by subsection (a), the Secretaries shall con- ‘‘(b) PENALTIES.—A person who commits an ices; sider such incentives, whether monetary or offense described in subsection (a) shall be— (8) Communications services; otherwise and whether or not authorized by ‘‘(1) fined under this title; (9) Rescue of aliens in peril; current law or regulations, as the Secre- ‘‘(2)(A) imprisoned for not more than 3 (10) Construction of roadways, patrol taries jointly consider appropriate. years, or both; roads, fences, barriers, and other facilities to (2) TARGETING OF INCENTIVES.—In assessing ‘‘(B) imprisoned for not more than 10 secure the southern land border of the any incentive for purposes of the report, the years, or both, if in commission of this viola- United States; and Secretaries shall give particular attention to tion, attempts to inflict or inflicts bodily in- (11) Ground and air transportation. the utility of such incentive in— jury (as defined in section 1365(g) of this (c) COOPERATIVE AGREEMENTS.—Units and (A) encouraging service in the Bureau of title); or personnel of the National Guard of a State Customs and Border Protection after service ‘‘(C) imprisoned for any term of years or may perform activities in another State in the Armed Forces by covered members for life, or both, if death results, and may be under subsection (a) only pursuant to the and former of the Armed Forces who have sentenced to death; or terms of an emergency management assist- provided border patrol or border security as- ‘‘(3) both fined and imprisoned under this ance compact or other cooperative arrange- sistance to the Bureau as part of their duties subsection. ment entered into between Governors of such as members of the Armed Forces; and ‘‘(c) CONSPIRACY.—If 2 or more persons con- States for purposes of this section, and only (B) leveraging military training and expe- spire to commit an offense described in sub- with the approval of the Secretary of De- rience by accelerating training, or allowing section (a), and 1 or more of such persons do fense. credit to be applied to related areas of train- any act to effect the object of the con- (d) COORDINATION OF ASSISTANCE.—The Sec- ing, required for service with the Bureau of spiracy, each shall be punishable as a prin- retary of Homeland Security shall, in con- Customs and Border Protection. cipal, except that the sentence of death may sultation with the Secretary of Defense and (3) PAYMENT.—In assessing incentives for not be imposed. the Governors of the States concerned, co- purposes of the report, the Secretaries shall ‘‘(d) PRIMA FACIE EVIDENCE.—For the pur- ordinate the performance of activities under assume that any costs of such incentives poses of seizure and forfeiture under applica- this section by units and personnel of the shall be borne by the Department of Home- ble law, in the case of use of a vehicle or National Guard. land Security. other conveyance in the commission of this (e) ANNUAL TRAINING.—Annual training (d) ELEMENTS.—The report required by sub- offense, or in the case of disregarding or dis- duty performed by members of the National section (a) shall include the following: obeying the lawful authority or command of Guard under subsection (a) shall be appro- (1) A description of various monetary and any officer or employee of the United States priate for the units and individual members non-monetary incentives considered for pur- under section 111(b) of this title, such con- concerned, taking into account the types of poses of the report. duct shall constitute prima facie evidence of units and military occupational specialties (2) An assessment of the desirability and smuggling aliens or merchandise.’’. of individual members performing such duty. feasibility of utilizing any such incentive for (b) CONFORMING AMENDMENT.—The table of (f) DEFINITIONS.—In this section: the purpose specified in subsection (a), in- sections for chapter 27 of title 18, United (1) The term ‘‘Governor of a State’’ means, cluding an assessment of the particular util- States Code, is amended by inserting at the in the case of the District of Columbia, the ity of such incentive in encouraging service end: Commanding General of the National Guard in the Bureau of Customs and Border Protec- ‘‘555. Evasion of inspection or during viola- of the District of Columbia. tion after service in the Armed Forces by tion of arrival, reporting, entry, (2) The term ‘‘State’’ means each of the covered members and former members of the or clearance requirements’’. several States, the District of Columbia, the Armed Forces described in subsection (c)(2).

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(3) Any other matters that the Secretaries (7) TECHNOLOGY.— (A) A State may include an individual’s jointly consider appropriate. (A) EXPEDITED TRAVELER PROGRAMS.—To United States citizenship status on a driver’s (e) APPROPRIATE COMMITTEES OF CONGRESS the maximum extent practicable, a Passport license which meets the requirements of sec- DEFINED.—In this section, the term ‘‘appro- Card shall be designed and produced to pro- tion 202 of the REAL ID Act of 2005 (division priate committees of Congress’’ means— vide a platform on which the expedited trav- B of Public Law 109–13; 49 U.S.C. 30301 note). (1) the Committees on Armed Services, eler programs carried out by the Secretary, (B) The Secretary of State shall develop a Homeland Security and Governmental Af- such as NEXUS, NEXUS AIR, SENTRI, mechanism to communicate with a partici- fairs, and Appropriations of the Senate; and FAST, and Register Traveler may be added. pating State to verify the United States citi- (2) the Committees on Armed Services, The Secretary of State and the Secretary zenship status of an applicant who volun- Homeland Security, and Appropriations of shall notify Congress not later than July 1, tarily seeks to have the applicant’s United the House of Representatives. 2007, if the technology to add expedited trav- States citizenship status included on a driv- SEC. 135. WESTERN HEMISPHERE TRAVEL INITIA- el features to the Passport Card is not devel- er’s license. TIVE. oped by that date. (C) All information collected about the in- (a) FINDINGS.—Congress makes the fol- (B) TECHNOLOGY.—The Secretary and the dividual shall be managed exclusively in the lowing findings: Secretary of State shall establish a tech- same manner as information collected (1) United States citizens make approxi- nology implementation plan that accommo- through a passport application and no fur- mately 130,000,000 land border crossings each dates desired technology requirements of the ther distribution of such information shall year between the United States and Canada Department of State and the Department, al- be permitted. and the United States and Mexico, with ap- lows for future technological innovations, (D) A State may not require an individual proximately 23,000,000 individual United and ensures maximum facilitation at the to include the individual’s citizenship status States citizens crossing the border annually. northern and southern borders. on a driver’s license. (2) Approximately 27 percent of United (8) SPECIFICATIONS FOR CARD.—A Passport (E) Notwithstanding any other provision of States citizens possess United States pass- Card shall be easily portable and durable. law, a driver’s license which meets the re- ports. The Secretary of State and the Secretary quirements of this paragraph shall be (3) In fiscal year 2005, the Secretary of shall consult regarding the other technical deemed to be sufficient documentation to State issued an estimated 10,100,000 pass- specifications of the Card, including whether permit the bearer to enter the United States ports, representing an increase of 15 percent the security features of the Card could be from Canada or Mexico through not less than from fiscal year 2004. combined with other existing identity docu- at least 1 designated international border (4) The Secretary of State estimates that mentation. crossing in each State participating in the 13,000,000 passports will be issued in fiscal (9) FEE.— demonstration program. (A) IN GENERAL.—An applicant for a Pass- year 2006, 16,000,000 passports will be issued (2) RULE OF CONSTRUCTION.—Nothing in this in fiscal year 2007, and 17,000,000 passports port Card shall submit an application under subsection shall have the effect of creating a will be issued in fiscal year 2008. paragraph (6) together with a nonrefundable national identity card. (b) EXTENSION OF WESTERN HEMISPHERE fee in an amount to be determined by the (3) AUTHORITY TO EXPAND.—The Secretary TRAVEL INITIATIVE IMPLEMENTATION DEAD- Secretary of State. Passport Card fees shall of State and the Secretary may expand the LINE.—Section 7209(b)(1) of the Intelligence be deposited as an offsetting collection to demonstration program under this sub- Reform and Terrorism Prevention Act of 2004 the appropriate Department of State appro- section so that such program is carried out (Public Law 108–458; 8 U.S.C. 1185 note) is priation, to remain available until expended. in additional States, through additional amended by striking ‘‘January 1, 2008’’ and (B) LIMITATION ON FEES.— ports of entry, for additional foreign coun- inserting ‘‘the later of June 1, 2009, or 3 (i) IN GENERAL.—The Secretary of State tries, and in a manner that permits the use months after the Secretary of State and the shall seek to make the application fee under of additional types of identification docu- Secretary of Homeland Security make the this paragraph as low as possible. ments to prove identity under the program. certification required in subsection (i) of sec- (ii) MAXIMUM FEE WITHOUT CERTIFICATION.— (4) STUDY.—Not later than 6 months after tion 133 of the Comprehensive Immigration Except as provided in clause (iii), the appli- the date that the demonstration program Reform Act of 2006.’’. cation fee may not exceed $24. under this subsection is carried out, the (c) PASSPORT CARDS.— (iii) MAXIMUM FEE WITH CERTIFICATION.— (1) AUTHORITY TO ISSUE.—In order to facili- The application fee may be not more than Comptroller General of the United States tate travel of United States citizens to Can- $34 if the Secretary of State, the Secretary, shall conduct a study of— ada, Mexico, the countries located in the and the Postmaster General— (A) the cost of the production and issuance Caribbean, and Bermuda, the Secretary of (I) jointly certify to Congress that the cost of documents that meet the requirements of State, in consultation with the Secretary, is to produce and issue a Passport Card signifi- the program compared with other travel doc- authorized to develop a travel document cantly exceeds $24; and uments; known as a Passport Card. (II) provide a detailed cost analysis for (B) the impact of the program on the flow (2) ISSUANCE.—In accordance with the such fee. of cross-border traffic and the economic im- pact of the program; and Western Hemisphere Travel Initiative car- (C) REDUCTION OF FEE.—The Secretary of ried out pursuant to section 7209 of the Intel- State shall reduce the fee for a Passport (C) the security of travel documents that ligence Reform and Terrorism Prevention Card for an individual who submits an appli- meet the requirements of the program com- Act of 2004 (Public Law 108–458; 8 U.S.C. 1185 cation for a Passport Card together with an pared with other travel documents. note), the Secretary of State, in consultation application for a United States passport. (5) RECIPROCITY WITH CANADA.—Notwith- standing any other provision of law, if the with the Secretary, shall be authorized to (D) WAIVER OF FEE FOR CHILDREN.—The issue to a citizen of the United States who Secretary of State shall waive the fee for a Secretary of State and the Secretary certify submits an application in accordance with Passport Card for a child under 18 years of that certain identity documents issued by paragraph (5) a travel document that will age. Canada (or any of its provinces) meet secu- rity and citizenship standards comparable to serve as a Passport Card. (E) AUDIT.—In the event that the fee for a (3) APPLICABILITY.—A Passport Card shall Passport Card exceeds $24, the Comptroller the requirements described in paragraph (1), be deemed to be a United States passport for General of the United States shall conduct the Secretary may determine that such doc- the purpose of United States laws and regu- an audit to determine whether Passport uments are sufficient to permit entry into lations relating to United States passports. Cards are issued at the lowest possible cost. the United States. The Secretary shall work, to the maximum extent possible, to ensure (4) VALIDITY.—A Passport Card shall be (10) ACCESSIBILITY.—In order to make the valid for the same period as a United States Passport Card easily obtainable, an applica- that identification documents issued by Can- passport. tion for a Passport Card shall be accepted in ada that are used as described in this para- (5) LIMITATION ON USE.—A Passport Card the same manner and at the same locations graph contain the same technology as identi- may only be used for the purpose of inter- as an application for a United States pass- fication documents issued by the United national travel by United States citizens port. States (or any State). (6) ADDITIONAL PILOT PROGRAMS.—To the through land and sea ports of entry be- (11) RULE OF CONSTRUCTION.—Nothing in tween— this section shall be construed as limiting, maximum extent possible, the Secretary (A) the United States and Canada; altering, modifying, or otherwise affecting shall seek to conduct pilot programs related (B) the United States and Mexico; and the validity of a United States passport. A to Passport Cards and the State Enrollment (C) the United States and a country lo- United States citizen may possess a United Demonstration Program described in this cated in the Caribbean or Bermuda. States passport and a Passport Card. subsection on the international border be- (6) APPLICATION FOR ISSUANCE.—To be (d) STATE ENROLLMENT DEMONSTRATION tween the United States and Canada and the issued a Passport Card, a United States cit- PROGRAM.— international border between the United izen shall submit an application to the Sec- (1) IN GENERAL.—Notwithstanding any States and Mexico. retary of State. The Secretary of State shall other provisions of law, the Secretary of (e) EXPEDITED PROCESSING FOR REPEAT require that such application shall contain State and the Secretary shall enter into a TRAVELERS.— the same information as is required to deter- memorandum of understanding with 1 or (1) LAND CROSSINGS.—To the maximum ex- mine citizenship, identity, and eligibility for more appropriate States to carry out at least tent practicable at the United States border issuance of a United States passport. 1 demonstration program as follows: with Canada and the United States border

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00059 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9918 CONGRESSIONAL RECORD — SENATE September 21, 2006 with Mexico, the Secretary shall expand ex- the United States and Canada or the inter- and another country, other than a lawfully pedited traveler programs carried out by the national border between the United States authorized tunnel or passage known to the Secretary to all ports of entry and should en- and Mexico and other ports of entry; Secretary of Homeland Security and subject courage citizens of the United States to par- (2) provisions to seek consent to post such to inspection by the Bureau of Immigration ticipate in the preenrollment programs, as notifications on commercial property, such and Customs Enforcement, shall be fined such programs assist border control officers as offices of State departments of motor ve- under this title and imprisoned for not more of the United States in the fight against ter- hicles, gas stations, supermarkets, conven- than 20 years. rorism by increasing the number of known ience stores, hotels, and travel agencies; ‘‘(b) Any person who knows or recklessly travelers crossing the border. The identities (3) the collection and analysis of data to disregards the construction or use of a tun- of such expedited travelers should be entered measure the success of the public promotion nel or passage described in subsection (a) on into a database of known travelers who have plan; and land that the person owns or controls shall been subjected to in-depth background and (4) additional measures as appropriate. be fined under this title and imprisoned for watch-list checks to permit border control (i) CERTIFICATION.—Notwithstanding any not more than 10 years. officers to focus more attention on unknown other provision of law, the Secretary may ‘‘(c) Any person who uses a tunnel or pas- travelers, potential criminals, and terrorists. not implement the plan described in section sage described in subsection (a) to unlaw- The Secretary, in consultation with the ap- 7209(b) of the Intelligence Reform and Ter- fully smuggle an alien, goods (in violation of propriate officials of the Government of Can- rorism Prevention Act of 2004 (Public Law section 545), controlled substances, weapons ada, shall equip at least 6 additional north- 108–458; 8 U.S.C. 1185 note) until the later of of mass destruction (including biological ern border crossings with NEXUS technology June 1, 2009, or the date that is 3 months weapons), or a member of a terrorist organi- and 6 additional southern ports of entry with after the Secretary of State and the Sec- zation (as defined in section 212(a)(3)(B)(vi) SENTRI technology. retary certify to Congress that— of the Immigration and Nationality Act (8 (2) SEA CROSSINGS.—The Commissioner of (1)(A) if the Secretary and the Secretary of U.S.C. 1182(a)(3)(B)(vi))) shall be subject to a Customs and Border Patrol shall conduct State develop and issue Passport Cards under maximum term of imprisonment that is and expand trusted traveler programs and this section— twice the maximum term of imprisonment pilot programs to facilitate expedited proc- (i) such cards have been distributed to at that would have otherwise been applicable essing of United States citizens returning least 90 percent of the eligible United States had the unlawful activity not made use of from pleasure craft trips in Canada, Mexico, citizens who applied for such cards during such a tunnel or passage.’’. the Caribbean, or Bermuda. One such pro- the 6-month period beginning not earlier (b) CLERICAL AMENDMENT.—The table of gram shall be conducted in Florida and mod- than the date the Secretary of State began sections for chapter 27 of title 18, United eled on the I–68 program. accepting applications for such cards and States Code, as amended by section 132, is (f) PROCESS FOR INDIVIDUALS LACKING AP- ending not earlier than 10 days prior to the further amended by adding at the end the PROPRIATE DOCUMENTS.— date of certification; following: (1) IN GENERAL.—The Secretary shall estab- (ii) Passport Cards are provided to appli- ‘‘Sec. 556. Border tunnels and passages’’. lish a program that satisfies section 7209 of cants, on average, within 4 weeks of applica- (c) CRIMINAL FORFEITURE.—Section the Intelligence Reform and Terrorism Pre- tion or within the same period of time re- 982(a)(6) of title 18, United States Code, is vention Act of 2004 (Public Law 108–458; 8 quired to adjudicate a passport; and amended by inserting ‘‘556,’’ before ‘‘1425,’’. U.S.C. 1185 note)— (iii) a successful pilot has demonstrated SEC. 143. DIRECTIVE TO THE UNITED STATES (A) to permit a citizen of the United States the effectiveness of the Passport Card; or SENTENCING COMMISSION. who has not been issued a United States (B) if the Secretary and the Secretary of (a) IN GENERAL.—Pursuant to its authority passport or other appropriate travel docu- State do not develop and issue Passport under section 994 of title 28, United States ment to cross the international border and Cards under this section and develop a pro- Code, and in accordance with this section, return to the United States for a time period gram to issue an alternative document that the United States Sentencing Commission of not more than 72 hours, on a limited basis, satisfies the requirements of section 7209 of shall promulgate or amend sentencing guide- and at no additional fee; or the Intelligence Reform and Terrorism Pre- lines to provide for increased penalties for (B) to establish a process to ascertain the vention Act of 2004, in addition to the persons convicted of offenses described in identity of, and make admissibility deter- NEXUS, SENTRI, FAST and Border Crossing section 556 of title 18, United States Code, as minations for, a citizen described in para- Card programs, such alternative document is added by section 142. graph (A) upon the arrival of such citizen at widely available and well publicized; (b) REQUIREMENTS.—In carrying out this an international border of the United States. (2) United States border crossings have section, the United States Sentencing Com- (2) GRACE PERIOD.—During a time period been equipped with sufficient document mission shall— determined by the Secretary, officers of the readers and other technologies to ensure (1) ensure that the sentencing guidelines, United States Customs and Border Patrol that implementation will not substantially policy statements, and official commentary may permit citizens of the United States and slow the flow of traffic and persons across reflect the serious nature of the offenses de- Canada who are unaware of the requirements international borders; scribed in section 556 of title 18, United of section 7209 of the Intelligence Reform and (3) officers of the Bureau of Customs and States Code, and the need for aggressive and Terrorism Prevention Act of 2004 (Public Border Protection have received training and appropriate law enforcement action to pre- Law 108–458; 8 U.S.C. 1185 note), or otherwise been provided the infrastructure necessary vent such offenses; lacking appropriate documentation, to enter to accept Passport Cards and all alternative (2) provide adequate base offense levels for the United States upon a demonstration of identity documents at all United States bor- offenses under such section; citizenship satisfactory to the officer. Offi- der crossings; and (3) account for any aggravating or miti- cers of the United States Customs and Bor- (4) the outreach plan described in sub- gating circumstances that might justify ex- der Patrol shall educate such individuals section (g) has been implemented and the ceptions, including— about documentary requirements. Secretary determines such plan has been (A) the use of a tunnel or passage described (g) TRAVEL BY CHILDREN.—Notwithstanding successful in providing information to in subsection (a) of such section to facilitate any other provision of law, the Secretary United States citizens. other felonies; and shall develop a procedure to accommodate (j) AUTHORIZATION OF APPROPRIATIONS.— (B) the circumstances for which the sen- groups of children traveling by land across There is authorized to be appropriated to the tencing guidelines currently provide applica- an international border under adult super- Secretary of State and the Secretary such ble sentencing enhancements; vision with parental consent without requir- sums as may be necessary to carry out this (4) ensure reasonable consistency with ing a government-issued identity and citi- section, and the amendment made by this other relevant directives, other sentencing zenship document. section. guidelines, and statutes; (h) PUBLIC PROMOTION.—The Secretary of (5) make any necessary and conforming Subtitle D—Border Tunnel Prevention Act State, in consultation with the Secretary, changes to the sentencing guidelines and pol- shall develop and implement an outreach SEC. 141. SHORT TITLE. icy statements; and plan to inform United States citizens about This subtitle may be cited as the ‘‘Border (6) ensure that the sentencing guidelines the Western Hemisphere Travel Initiative Tunnel Prevention Act’’. adequately meet the purposes of sentencing and the provisions of this Act, to facilitate SEC. 142. CONSTRUCTION OF BORDER TUNNEL set forth in section 3553(a)(2) of title 18, the acquisition of appropriate documenta- OR PASSAGE. United States Code. tion to travel to Canada, Mexico, the coun- (a) IN GENERAL.—Chapter 27 of title 18, tries located in the Caribbean, and Bermuda, Subtitle E—Border Law Enforcement Relief United States Code, as amended by section and to educate United States citizens who Act 132, is further amended by adding at the end are unaware of the requirements for such SEC. 151. SHORT TITLE. the following: travel. Such outreach plan should include— This subtitle may be cited as the ‘‘Border (1) written notifications posted at or near ‘‘§ 556. Border tunnels and passages Law Enforcement Relief Act of 2006’’. public facilities, including border crossings, ‘‘(a) Any person who knowingly constructs SEC. 152. FINDINGS. schools, libraries, Amtrak stations, and or finances the construction of a tunnel or Congress finds the following: United States Post Offices located within 50 subterranean passage that crosses the inter- (1) It is the obligation of the Federal Gov- miles of the international border between national border between the United States ernment of the United States to adequately

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(a) EMERGENCY DEPLOYMENT OF BORDER PA- Border Patrol apprehends over 1,000,000 peo- (b) USE OF FUNDS.—Grants awarded pursu- TROL AGENTS.— ple each year trying to illegally enter the ant to subsection (a) may only be used to (1) IN GENERAL.—If the Governor of a State United States, according to the Congres- provide additional resources for an eligible on an international border of the United sional Research Service, the net growth in law enforcement agency to address criminal States declares an international border secu- the number of unauthorized aliens has in- activity occurring along any such border, in- rity emergency and requests additional creased by approximately 500,000 each year. cluding— United States Border Patrol agents (referred The Southwest border accounts for approxi- (1) to obtain equipment; to in this subtitle as ‘‘agents’’) from the Sec- mately 94 percent of all migrant apprehen- (2) to hire additional personnel; retary, the Secretary, subject to paragraphs sions each year. Currently, there are an esti- (3) to upgrade and maintain law enforce- (1) and (2), may provide the State with not mated 11,000,000 unauthorized aliens in the ment technology; more than 1,000 additional agents for the United States. (4) to cover operational costs, including purpose of patrolling and defending the (3) The border region is also a major cor- overtime and transportation costs; and international border, in order to prevent in- ridor for the shipment of drugs. According to (5) such other resources as are available to dividuals from crossing the international the El Paso Intelligence Center, 65 percent of assist that agency. border into the United States at any loca- the narcotics that are sold in the markets of (c) APPLICATION.— tion other than an authorized port of entry. the United States enter the country through (1) IN GENERAL.—Each eligible law enforce- (2) CONSULTATION.—Upon receiving a re- the Southwest Border. ment agency seeking a grant under this sec- quest for agents under paragraph (1), the (4) Border communities continue to incur tion shall submit an application to the Sec- Secretary, after consultation with the Presi- significant costs due to the lack of adequate retary at such time, in such manner, and ac- dent, shall grant such request to the extent border security. A 2001 study by the United companied by such information as the Sec- that providing such agents will not signifi- States-Mexico Border Counties Coalition retary may reasonably require. cantly impair the Department’s ability to found that law enforcement and criminal (2) CONTENTS.—Each application submitted provide border security for any other State. justice expenses associated with illegal im- pursuant to paragraph (1) shall— (3) COLLECTIVE BARGAINING.—Emergency migration exceed $89,000,000 annually for the (A) describe the activities for which assist- deployments under this subsection shall be Southwest border counties. ance under this section is sought; and made in accordance with all applicable col- (5) In August 2005, the States of New Mex- (B) provide such additional assurances as lective bargaining agreements and obliga- ico and Arizona declared states of emergency the Secretary determines to be essential to tions. in order to provide local law enforcement ensure compliance with the requirements of (b) ELIMINATION OF FIXED DEPLOYMENT OF immediate assistance in addressing criminal this section. BORDER PATROL AGENTS.—The Secretary activity along the Southwest border. (d) DEFINITIONS.—For the purposes of this shall ensure that agents are not precluded (6) While the Federal Government provides section: from performing patrol duties and appre- States and localities assistance in covering (1) ELIGIBLE LAW ENFORCEMENT AGENCY.— hending violators of law, except in unusual costs related to the detention of certain The term ‘‘eligible law enforcement agency’’ circumstances if the temporary use of fixed criminal aliens and the prosecution of Fed- means a tribal, State, or local law enforce- deployment positions is necessary. eral drug cases, local law enforcement along ment agency— (c) INCREASE IN FULL-TIME BORDER PATROL the border are provided no assistance in cov- (A) located in a county no more than 100 AGENTS.—Section 5202(a)(1) of the Intel- ligence Reform and Terrorism Prevention ering such expenses and must use their lim- miles from a United States border with— Act of 2004 (118 Stat. 3734), as amended by ited resources to combat drug trafficking, (i) Canada; or section 101(b)(2), is further amended by strik- human smuggling, kidnappings, the destruc- (ii) Mexico; or ing ‘‘2,000’’ and inserting ‘‘3,000’’. tion of private property, and other border-re- (B) located in a county more than 100 miles lated crimes. from any such border, but where such county SEC. 162. BORDER PATROL MAJOR ASSETS. (a) CONTROL OF BORDER PATROL ASSETS.— (7) The United States shares 5,525 miles of has been certified by the Secretary as a High The United States Border Patrol shall have border with Canada and 1,989 miles with Impact Area. complete and exclusive administrative and Mexico. Many of the local law enforcement (2) HIGH IMPACT AREA.—The term ‘‘High operational control over all the assets uti- agencies located along the border are small, Impact Area’’ means any county designated lized in carrying out its mission, including, rural departments charged with patrolling by the Secretary as such, taking into consid- aircraft, watercraft, vehicles, detention large areas of land. Counties along the eration— space, transportation, and all of the per- Southwest United States-Mexico border are (A) whether local law enforcement agen- sonnel associated with such assets. some of the poorest in the country and lack cies in that county have the resources to (b) HELICOPTERS AND POWER BOATS.— the financial resources to cover the addi- protect the lives, property, safety, or welfare (1) HELICOPTERS.—The Secretary shall in- tional costs associated with illegal immigra- of the residents of that county; crease, by not less than 100, the number of tion, drug trafficking, and other border-re- (B) the relationship between any lack of helicopters under the control of the United lated crimes. security along the United States border and States Border Patrol. The Secretary shall (8) Federal assistance is required to help the rise, if any, of criminal activity in that ensure that appropriate types of helicopters local law enforcement operating along the county; and are procured for the various missions being border address the unique challenges that (C) any other unique challenges that local performed. arise as a result of their proximity to an law enforcement face due to a lack of secu- (2) POWER BOATS.—The Secretary shall in- international border and the lack of overall rity along the United States border. crease, by not less than 250, the number of border security in the region (e) AUTHORIZATION OF APPROPRIATIONS.— power boats under the control of the United SEC. 153. BORDER RELIEF GRANT PROGRAM. (1) IN GENERAL.—There are authorized to be States Border Patrol. The Secretary shall (a) GRANTS AUTHORIZED.— appropriated $50,000,000 for each of fiscal ensure that the types of power boats that are (1) IN GENERAL.—The Secretary is author- years 2007 through 2011 to carry out the pro- procured are appropriate for both the water- ized to award grants, subject to the avail- visions of this section. ways in which they are used and the mission ability of appropriations, to an eligible law (2) DIVISION OF AUTHORIZED FUNDS.—Of the requirements. enforcement agency to provide assistance to amounts authorized under paragraph (1)— (3) USE AND TRAINING.—The Secretary such agency to address— (A) 2⁄3 shall be set aside for eligible law en- shall— (A) criminal activity that occurs in the ju- forcement agencies located in the 6 States (A) establish an overall policy on how the risdiction of such agency by virtue of such with the largest number of undocumented helicopters and power boats procured under agency’s proximity to the United States bor- alien apprehensions; and this subsection will be used; and der; and (B) 1⁄3 shall be set aside for areas des- (B) implement training programs for the (B) the impact of any lack of security ignated as a High Impact Area under sub- agents who use such assets, including safe along the United States border. section (d). operating procedures and rescue operations. (2) DURATION.—Grants may be awarded (f) SUPPLEMENT NOT SUPPLANT.—Amounts (c) MOTOR VEHICLES.— under this subsection during fiscal years 2007 appropriated for grants under this section (1) QUANTITY.—The Secretary shall estab- through 2011. shall be used to supplement and not supplant lish a fleet of motor vehicles appropriate for (3) COMPETITIVE BASIS.—The Secretary other State and local public funds obligated use by the United States Border Patrol that shall award grants under this subsection on for the purposes provided under this title. will permit a ratio of not less than 1 police- a competitive basis, except that the Sec- SEC. 154. ENFORCEMENT OF FEDERAL IMMIGRA- type vehicle for every 3 agents. These police- retary shall give priority to applications TION LAW. type vehicles shall be replaced not less than from any eligible law enforcement agency Nothing in this subtitle shall be construed every 3 years. The Secretary shall ensure serving a community— to authorize State or local law enforcement that there are sufficient numbers and types (A) with a population of less than 50,000; agencies or their officers to exercise Federal of other motor vehicles to support the mis- and immigration law enforcement authority. sion of the United States Border Patrol.

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(2) FEATURES.—All motor vehicles pur- (1) by striking ‘‘inadmissible under’’ and stay of the removal of the alien, the expira- chased for the United States Border Patrol inserting ‘‘described in’’; and tion date of the stay of removal.’’; shall— (2) by striking ‘‘deportable under’’ and in- (ii) by amending subparagraph (C) to read (A) be appropriate for the mission of the serting ‘‘described in’’. as follows: United States Border Patrol; and (c) VOLUNTARY DEPARTURE.—Section ‘‘(C) EXTENSION OF PERIOD.—The removal (B) have a panic button and a global posi- 240B(b)(1)(C) (8 U.S.C. 1229c(b)(1)(C)) is period shall be extended beyond a period of tioning system device that is activated sole- amended by striking ‘‘deportable under sec- 90 days and the alien may remain in deten- ly in emergency situations to track the loca- tion 237(a)(2)(A)(iii) or section 237(a)(4)’’ and tion during such extended period if the alien tion of agents in distress. inserting ‘‘described in paragraph (2)(A)(iii) fails or refuses to— SEC. 163. ELECTRONIC EQUIPMENT. or (4) of section 237(a)’’. ‘‘(i) make all reasonable efforts to comply (d) RESTRICTION ON REMOVAL.—Section (a) PORTABLE COMPUTERS.—The Secretary with the removal order; or shall ensure that each police-type motor ve- 241(b)(3)(B) (8 U.S.C. 1231(b)(3)(B)) is amend- ‘‘(ii) fully cooperate with the Secretary’s hicle in the fleet of the United States Border ed— efforts to establish the alien’s identity and Patrol is equipped with a portable computer (1) in clause (iii), by striking ‘‘or’’ at the carry out the removal order, including fail- with access to all necessary law enforcement end; ing to make timely application in good faith databases and otherwise suited to the unique (2) in clause (iv) by striking the period at for travel or other documents necessary to operational requirements of the United the end and inserting ‘‘; or’’; the alien’s departure, or conspiring or acting States Border Patrol. (3) by inserting after clause (iv) the fol- to prevent the alien’s removal.’’; and lowing: (b) RADIO COMMUNICATIONS.—The Secretary (iii) by adding at the end the following: ‘‘(v) the alien is described in section shall augment the existing radio commu- ‘‘(D) TOLLING OF PERIOD.—If, at the time nications system so that all law enforcement 237(a)(4)(B) (other than an alien described in described in subparagraph (B), the alien is personnel working in each area where United section 212(a)(3)(B)(i)(IV) if the Secretary of not in the custody of the Secretary under States Border Patrol operations are con- Homeland Security determines that there the authority of this Act, the removal period ducted have clear and encrypted 2-way radio are not reasonable grounds for regarding the shall not begin until the alien is taken into communication capabilities at all times. alien as a danger to the security of the such custody. If the Secretary lawfully Each portable communications device shall United States).’’; and transfers custody of the alien during the re- be equipped with a panic button and a global (4) in the undesignated paragraph, by moval period to another Federal agency or positioning system device that is activated striking ‘‘For purposes of clause (iv), an to a State or local government agency in solely in emergency situations to track the alien who is described in section 237(a)(4)(B) connection with the official duties of such location of agents in distress. shall be considered to be an alien with re- agency, the removal period shall be tolled, spect to whom there are reasonable grounds (c) HAND-HELD GLOBAL POSITIONING SYSTEM and shall recommence on the date on which for regarding as a danger to the security of DEVICES.—The Secretary shall ensure that the alien is returned to the custody of the each United States Border Patrol agent is the United States.’’. Secretary.’’; (e) RECORD OF ADMISSION.—Section 249 (8 issued a state-of-the-art hand-held global po- (D) in paragraph (2), by adding at the end U.S.C. 1259) is amended to read as follows: sitioning system device for navigational pur- the following: ‘‘If a court, the Board of Im- poses. ‘‘SEC. 249. RECORD OF ADMISSION FOR PERMA- migration Appeals, or an immigration judge NENT RESIDENCE IN THE CASE OF (d) NIGHT VISION EQUIPMENT.—The Sec- CERTAIN ALIENS WHO ENTERED orders a stay of removal of an alien who is retary shall ensure that sufficient quantities THE UNITED STATES PRIOR TO JAN- subject to an administrative final order of of state-of-the-art night vision equipment UARY 1, 1972. removal, the Secretary, in the exercise of are procured and maintained to enable each ‘‘A record of lawful admission for perma- discretion, may detain the alien during the United States Border Patrol agent working nent residence may be made, in the discre- pendency of such stay of removal.’’; during the hours of darkness to be equipped tion of the Secretary of Homeland Security (E) in paragraph (3), by amending subpara- with a portable night vision device. and under such regulations as the Secretary graph (D) to read as follows: SEC. 164. PERSONAL EQUIPMENT. may prescribe, for any alien, as of the date of ‘‘(D) to obey reasonable restrictions on the (a) BODY ARMOR.—The Secretary shall en- the approval of the alien’s application or, if alien’s conduct or activities, or to perform sure that every agent is issued high-quality entry occurred before July 1, 1924, as of the affirmative acts, that the Secretary pre- body armor that is appropriate for the cli- date of such entry if no such record is other- scribes for the alien— mate and risks faced by the agent. Each wise available, if the alien establishes that ‘‘(i) to prevent the alien from absconding; agent shall be permitted to select from the alien— ‘‘(ii) for the protection of the community; among a variety of approved brands and ‘‘(1) is not described in section 212(a)(3)(E) or styles. Agents shall be strongly encouraged, or in section 212(a) (insofar as it relates to ‘‘(iii) for other purposes related to the en- but not required, to wear such body armor criminals, procurers, other immoral persons, forcement of the immigration laws.’’; whenever practicable. All body armor shall subversives, violators of the narcotics laws, (F) in paragraph (6), by striking ‘‘removal be replaced not less than every 5 years. or smugglers of aliens); period and, if released,’’ and inserting ‘‘re- (b) WEAPONS.—The Secretary shall ensure ‘‘(2) entered the United States before Janu- moval period, in the discretion of the Sec- that agents are equipped with weapons that ary 1, 1972; retary, without any limitations other than are reliable and effective to protect them- ‘‘(3) has resided in the United States con- those specified in this section, until the alien selves, their fellow agents, and innocent tinuously since such entry; is removed. If an alien is released, the alien’’; third parties from the threats posed by ‘‘(4) is a person of good moral character; (G) by redesignating paragraph (7) as para- armed criminals. The Secretary shall ensure ‘‘(5) is not ineligible for citizenship; and graph (10); and that the policies of the Department author- ‘‘(6) is not described in section (H) by inserting after paragraph (6) the fol- ize all agents to carry weapons that are suit- 237(a)(4)(B).’’. lowing: ed to the potential threats that they face. (f) EFFECTIVE DATE AND APPLICATION.—The ‘‘(7) PAROLE.—If an alien detained pursuant (c) UNIFORMS.—The Secretary shall ensure amendments made by this section shall— to paragraph (6) is an applicant for admis- that all agents are provided with all nec- (1) take effect on the date of the enactment sion, the Secretary of Homeland Security, in essary uniform items, including outerwear of this Act; and the Secretary’s discretion, may parole the suited to the climate, footwear, belts, hol- (2) apply to any act or condition consti- alien under section 212(d)(5) and may pro- sters, and personal protective equipment, at tuting a ground for inadmissibility, exclud- vide, notwithstanding section 212(d)(5), that no cost to such agents. Such items shall be ability, or removal occurring or existing on the alien shall not be returned to custody replaced at no cost to such agents as they or after the date of the enactment of this unless either the alien violates the condi- become worn, unserviceable, or no longer fit Act. tions of the alien’s parole or the alien’s re- properly. SEC. 202. DETENTION AND REMOVAL OF ALIENS moval becomes reasonably foreseeable, pro- ORDERED REMOVED. vided that in no circumstance shall such SEC. 165. AUTHORIZATION OF APPROPRIATIONS. (a) IN GENERAL.— alien be considered admitted. There are authorized to be appropriated to (1) AMENDMENTS.—Section 241(a) (8 U.S.C. ‘‘(8) ADDITIONAL RULES FOR DETENTION OR the Secretary such sums as may be nec- 1231(a)) is amended— RELEASE OF ALIENS.—The following proce- essary for each of the fiscal years 2007 (A) by striking ‘‘Attorney General’’ the dures shall apply to an alien detained under through 2011 to carry out this subtitle. first place it appears and inserting ‘‘Sec- this section: TITLE II—INTERIOR ENFORCEMENT retary of Homeland Security’’; ‘‘(A) DETENTION REVIEW PROCESS FOR SEC. 201. REMOVAL AND DENIAL OF BENEFITS TO (B) by striking ‘‘Attorney General’’ any ALIENS WHO HAVE EFFECTED AN ENTRY AND TERRORIST ALIENS. other place it appears and inserting ‘‘Sec- FULLY COOPERATE WITH REMOVAL.—The Sec- (a) ASYLUM.—Section 208(b)(2)(A)(v) (8 retary’’; retary of Homeland Security shall establish U.S.C. 1158(b)(2)(A)(v)) is amended by strik- (C) in paragraph (1)— an administrative review process to deter- ing ‘‘or (VI)’’ and inserting ‘‘(V), (VI), (VII), (i) in subparagraph (B), by amending clause mine whether an alien described in subpara- or (VIII)’’. (ii) to read as follows: graph (B) should be detained or released (b) CANCELLATION OF REMOVAL.—Section ‘‘(ii) If a court, the Board of Immigration after the removal period in accordance with 240A(c)(4) (8 U.S.C. 1229b(c)(4)) is amended— Appeals, or an immigration judge orders a this paragraph.

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‘‘(B) ALIEN DESCRIBED.—An alien is de- designed to ensure the safety of the commu- ‘‘(cc) conspired or acted to prevent re- scribed in this subparagraph if the alien— nity or any person; and moval; or ‘‘(i) has effected an entry into the United ‘‘(bb) the alien has been convicted of 1 or ‘‘(II) the Secretary makes a certification States; more aggravated felonies (as defined in sec- as specified in subparagraph (E), or the re- ‘‘(ii) has made all reasonable efforts to tion 101(a)(43)) for which the alien was sen- newal of a certification specified in subpara- comply with the alien’s removal order; tenced to an aggregate term of imprison- graph (G). ‘‘(iii) has cooperated fully with the Sec- ment of not less than 1 year. ‘‘(L) DETENTION REVIEW PROCESS FOR ALIENS retary’s efforts to establish the alien’s iden- ‘‘(F) ADMINISTRATIVE REVIEW PROCESS.— WHO HAVE NOT EFFECTED AN ENTRY.—Except tity and to carry out the removal order, in- The Secretary, without any limitations as otherwise provided in this subparagraph, cluding making timely application in good other than those specified in this section, the Secretary shall follow the guidelines es- faith for travel or other documents nec- may detain an alien pending a determination tablished in section 241.4 of title 8, Code of essary for the alien’s departure; and under subparagraph (E)(ii), if the Secretary Federal Regulations, when detaining aliens ‘‘(iv) has not conspired or acted to prevent has initiated the administrative review proc- who have not effected an entry. The Sec- removal. ess identified in subparagraph (A) not later retary may decide to apply the review proc- ‘‘(C) EVIDENCE.—In making a determina- than 30 days after the expiration of the re- ess outlined in this paragraph. tion under subparagraph (A), the Secretary— moval period (including any extension of the ‘‘(9) JUDICIAL REVIEW.—Without regard to ‘‘(i) shall consider any evidence submitted removal period under paragraph (1)(C)). the place of confinement, judicial review of by the alien; ‘‘(G) RENEWAL AND DELEGATION OF CERTIFI- any action or decision made pursuant to ‘‘(ii) may consider any other evidence, in- CATION.— paragraph (6), (7), or (8) shall be available ex- cluding— ‘‘(i) RENEWAL.—The Secretary may renew a clusively in a habeas corpus proceeding ‘‘(I) any information or assistance provided certification under subparagraph (E)(ii) brought in a United States district court and by the Department of State or other Federal every 6 months, without limitation, after only if the alien has exhausted all adminis- agency; and providing the alien with an opportunity to trative remedies (statutory and nonstatu- ‘‘(II) any other information available to request reconsideration of the certification tory) available to the alien as of right.’’. the Secretary pertaining to the ability to re- and to submit documents or other evidence (2) EFFECTIVE DATE.—The amendments move the alien. in support of that request. If the Secretary made by paragraph (1)— ‘‘(D) AUTHORITY TO DETAIN FOR 90 DAYS BE- does not renew such certification, the Sec- (A) shall take effect on the date of the en- YOND REMOVAL PERIOD.—The Secretary, in retary shall release the alien, pursuant to actment of this Act; and the exercise of the Secretary’s discretion and subparagraph (H). (B) shall apply to— without any limitations other than those ‘‘(ii) DELEGATION.—Notwithstanding any (i) any alien subject to a final administra- specified in this section, may detain an alien other provision of law, the Secretary may tive removal, deportation, or exclusion order for 90 days beyond the removal period (in- not delegate the authority to make or renew that was issued before, on, or after the date cluding any extension of the removal period a certification described in subclause (II), of the enactment of this Act; and under paragraph (1)(C)). (III), or (V) of subparagraph (E)(ii) to any (ii) any act or condition occurring or exist- ‘‘(E) AUTHORITY TO DETAIN FOR ADDITIONAL employee reporting to the Assistant Sec- ing before, on, or after the date of the enact- PERIOD.—The Secretary, in the exercise of retary for Immigration and Customs En- ment of this Act. the Secretary’s discretion and without any forcement. (b) CRIMINAL DETENTION OF ALIENS.—Sec- limitations other than those specified in this ‘‘(iii) HEARING.—The Secretary may re- tion 3142 of title 18, United States Code, is section, may detain an alien beyond the 90- quest that the Attorney General, or a des- amended— day period authorized under subparagraph ignee of the Attorney General, provide for a (1) in subsection (e)— (D) until the alien is removed, if the Sec- hearing to make the determination described (A) by redesignating paragraphs (1), (2), retary— in subparagraph (E)(ii)(IV)(bb)(BB). and (3) as subparagraphs (A), (B), and (C), re- ‘‘(i) determines that there is a significant ‘‘(H) RELEASE ON CONDITIONS.—If it is deter- spectively; likelihood that the alien will be removed in mined that an alien should be released from (B) by inserting ‘‘(1)’’ before ‘‘If, after a the reasonably foreseeable future; or detention, the Secretary may, in the Sec- ‘‘(ii) certifies in writing— retary’s discretion, impose conditions on re- hearing’’; ‘‘(I) in consultation with the Secretary of lease in accordance with the regulations pre- (C) in subparagraphs (B) and (C), as redes- Health and Human Services, that the alien scribed pursuant to paragraph (3). ignated, by striking ‘‘paragraph (1)’’ and in- serting ‘‘subparagraph (A)’’; and has a highly contagious disease that poses a ‘‘(I) REDETENTION.—The Secretary, without threat to public safety; any limitations other than those specified in (D) by adding after subparagraph (C), as re- ‘‘(II) after receipt of a written rec- this section, may detain any alien subject to designated, the following: ommendation from the Secretary of State, a final removal order who has previously ‘‘(2) Subject to rebuttal by the person, it that the release of the alien would likely been released from custody if— shall be presumed that no condition or com- have serious adverse foreign policy con- ‘‘(i) the alien fails to comply with the con- bination of conditions will reasonably assure sequences for the United States; ditions of release; the appearance of the person as required if ‘‘(III) based on information available to the ‘‘(ii) the alien fails to continue to satisfy the judicial officer finds that there is prob- Secretary (including classified, sensitive, or the conditions described in subparagraph (B); able cause to believe that the person— national security information, and regard- or ‘‘(A) is an alien; and less of the grounds upon which the alien was ‘‘(iii) upon reconsideration, the Secretary ‘‘(B)(i) has no lawful immigration status in ordered removed), that there is reason to be- determines that the alien can be detained the United States; lieve that the release of the alien would under subparagraph (E). ‘‘(ii) is the subject of a final order of re- threaten the national security of the United ‘‘(J) APPLICABILITY.—This paragraph and moval; or States; paragraphs (6) and (7) shall apply to any ‘‘(iii) has committed a felony offense under ‘‘(IV) that— alien returned to custody under subpara- section 911, 922(g)(5), 1015, 1028, 1425, or 1426 of ‘‘(aa) the release of the alien would threat- graph (I) as if the removal period terminated this title, chapter 75 or 77 of this title, or en the safety of the community or any per- on the day of the redetention. section 243, 274, 275, 276, 277, or 278 of the Im- son, and conditions of release cannot reason- ‘‘(K) DETENTION REVIEW PROCESS FOR migration and Nationality Act (8 U.S.C. 1253, ably be expected to ensure the safety of the ALIENS WHO HAVE EFFECTED AN ENTRY AND 1324, 1325, 1326, 2327, and 1328).’’; and community or any person; and FAIL TO COOPERATE WITH REMOVAL.—The Sec- (2) in subsection (g)(3)— ‘‘(bb) the alien— retary shall detain an alien until the alien (A) in subparagraph (A), by striking ‘‘and’’ ‘‘(AA) has been convicted of 1 or more ag- makes all reasonable efforts to comply with at the end; and gravated felonies (as defined in section a removal order and to cooperate fully with (B) by adding at the end the following: 101(a)(43)(A)), or of 1 or more attempts or the Secretary’s efforts, if the alien— ‘‘(C) the person’s immigration status; conspiracies to commit any such aggravated ‘‘(i) has effected an entry into the United and’’. felonies for an aggregate term of imprison- States; and SEC. 203. AGGRAVATED FELONY. ment of at least 5 years; or ‘‘(ii)(I) and the alien faces a significant (a) DEFINITION OF AGGRAVATED FELONY.— ‘‘(BB) has committed a crime of violence likelihood that the alien will be removed in Section 101(a)(43) (8 U.S.C. 1101(a)(43)) is (as defined in section 16 of title 18, United the reasonably foreseeable future, or would amended— States Code, but not including a purely po- have been removed if the alien had not— (1) by striking ‘‘The term ‘aggravated fel- litical offense) and, because of a mental con- ‘‘(aa) failed or refused to make all reason- ony’ means—’’ and inserting ‘‘Notwith- dition or personality disorder and behavior able efforts to comply with a removal order; standing any other provision of law (except associated with that condition or disorder, is ‘‘(bb) failed or refused to fully cooperate for the provision providing an effective date likely to engage in acts of violence in the fu- with the Secretary’s efforts to establish the for section 203 of the Comprehensive Immi- ture; or alien’s identity and carry out the removal gration Reform Act of 2006), the term ‘aggra- ‘‘(V) that— order, including the failure to make timely vated felony’ applies to an offense described ‘‘(aa) the release of the alien would threat- application in good faith for travel or other in this paragraph, whether in violation of en the safety of the community or any per- documents necessary to the alien’s depar- Federal or State law and to such an offense son, notwithstanding conditions of release ture; or in violation of the law of a foreign country,

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00063 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9922 CONGRESSIONAL RECORD — SENATE September 21, 2006 for which the term of imprisonment was end the following: ‘‘A petition may not be delay and remand the matter, with appro- completed within the previous 15 years, even approved under this section if there is any priate instructions, to the Secretary for the if the length of the term of imprisonment is administrative or judicial proceeding Secretary’s determination on the applica- based on recidivist or other enhancements (whether civil or criminal) pending against tion.’’. and regardless of whether the conviction was the petitioner that could directly or indi- (h) EFFECTIVE DATE.—The amendments entered before, on, or after September 30, rectly result in the petitioner’s made by this section— 1996, and means—’’; denaturalization or the loss of the peti- (1) shall take effect on the date of the en- (2) in subparagraph (A), by striking ‘‘mur- tioner’s lawful permanent resident status.’’. actment of this Act; and der, rape, or sexual abuse of a minor;’’ and (c) CONDITIONAL PERMANENT RESIDENT STA- (2) shall apply to any act that occurred on inserting ‘‘murder, rape, or sexual abuse of a TUS.— or after such date of enactment. minor, whether or not the minority of the (1) IN GENERAL.—Section 216(e) (8 U.S.C. SEC. 205. INCREASED CRIMINAL PENALTIES RE- victim is established by evidence contained 1186a(e)) is amended by inserting ‘‘if the LATED TO GANG VIOLENCE, RE- in the record of conviction or by evidence ex- alien has had the conditional basis removed MOVAL, AND ALIEN SMUGGLING. trinsic to the record of conviction;’’; pursuant to this section’’ before the period (a) CRIMINAL STREET GANGS.— (3) in subparagraph (N), by striking ‘‘para- at the end. (1) INADMISSIBILITY.—Section 212(a)(2) (8 graph (1)(A) or (2) of’’; (2) CERTAIN ALIEN ENTREPRENEURS.—Sec- U.S.C. 1182(a)(2)) is amended— (4) in subparagraph (O), by striking ‘‘sec- tion 216A(e) (8 U.S.C. 1186b(e)) is amended by (A) by redesignating subparagraph (F) as tion 275(a) or 276 committed by an alien who inserting ‘‘if the alien has had the condi- subparagraph (J); and was previously deported on the basis of a tional basis removed pursuant to this sec- (B) by inserting after subparagraph (E) the conviction for an offense described in an- tion’’ before the period at the end. following: other subparagraph of this paragraph’’ and (d) JUDICIAL REVIEW OF NATURALIZATION ‘‘(F) MEMBERS OF CRIMINAL STREET inserting ‘‘section 275 or 276 for which the APPLICATIONS.—Section 310(c) (8 U.S.C. GANGS.—Unless the Secretary of Homeland term of imprisonment is at least 1 year’’; 1421(c)) is amended— Security or the Attorney General waives the (5) in subparagraph (U), by striking ‘‘an at- (1) by inserting ‘‘, not later than 120 days application of this subparagraph, any alien tempt or conspiracy to commit an offense after the Secretary of Homeland Security’s who a consular officer, the Attorney Gen- described in this paragraph’’ and inserting final determination,’’ after ‘‘may’’; and eral, or the Secretary of Homeland Security ‘‘aiding or abetting an offense described in (2) by adding at the end the following: ‘‘Ex- knows or has reason to believe— this paragraph, or soliciting, counseling, pro- cept that in any proceeding, other than a ‘‘(i) is, or has been, a member of a criminal curing, commanding, or inducing another, proceeding under section 340, the court shall street gang (as defined in section 521(a) of attempting, or conspiring to commit such an review for substantial evidence the adminis- title 18, United States Code); or ‘‘(ii) has participated in the activities of a offense’’; and trative record and findings of the Secretary criminal street gang, knowing or having rea- (6) by striking the undesignated matter of Homeland Security regarding whether an son to know that such activities promoted, following subparagraph (U). alien is a person of good moral character, un- furthered, aided, or supported the illegal ac- (b) EFFECTIVE DATE AND APPLICATION.— derstands and is attached to the principles of tivity of the criminal gang, (1) IN GENERAL.—The amendments made by the Constitution of the United States, or is subsection (a) shall— well disposed to the good order and happi- is inadmissible.’’. (A) take effect on the date of the enact- ness of the United States. The petitioner (2) DEPORTABILITY.—Section 237(a)(2) (8 ment of this Act; and shall have the burden of showing that the U.S.C. 1227(a)(2)) is amended by adding at the (B) apply to any act that occurred on or Secretary’s denial of the application was end the following: after the date of the enactment of this Act. contrary to law.’’. ‘‘(F) MEMBERS OF CRIMINAL STREET (2) APPLICATION OF IIRAIRA AMENDMENTS.— (e) PERSONS ENDANGERING NATIONAL SECU- GANGS.—Unless the Secretary of Homeland The amendments to section 101(a)(43) of the RITY.—Section 316 (8 U.S.C. 1427) is amended Security or the Attorney General waives the Immigration and Nationality Act made by by adding at the end the following: application of this subparagraph, any alien section 321 of the Illegal Immigration Re- ‘‘(g) PERSONS ENDANGERING THE NATIONAL who the Secretary of Homeland Security or form and Immigrant Responsibility Act of SECURITY.—A person may not be naturalized the Attorney General knows or has reason to 1996 (division C of Public Law 104–208; 110 if the Secretary of Homeland Security deter- believe— Stat. 3009–627) shall continue to apply, mines, based upon any relevant information ‘‘(i) is, or at any time after admission has whether the conviction was entered before, or evidence, including classified, sensitive, been, a member of a criminal street gang (as on, or after September 30, 1996. or national security information, that the defined in section 521(a) of title 18, United SEC. 204. TERRORIST BARS. person was once an alien described in section States Code); or (a) DEFINITION OF GOOD MORAL CHAR- 212(a)(3) or 237(a)(4).’’. ‘‘(ii) has participated in the activities of a ACTER.—Section 101(f) (8 U.S.C. 1101(f)) is (f) CONCURRENT NATURALIZATION AND RE- criminal street gang, knowing or having rea- amended— MOVAL PROCEEDINGS.—Section 318 (8 U.S.C. son to know that such activities promoted, (1) by inserting after paragraph (1) the fol- 1429) is amended by striking ‘‘the Attorney furthered, aided, or supported the illegal ac- lowing: General if’’ and all that follows and insert- tivity of the criminal gang, ‘‘(2) an alien described in section 212(a)(3) ing: ‘‘the Secretary of Homeland Security or is deportable.’’. or 237(a)(4), as determined by the Secretary any court if there is pending against the ap- (3) TEMPORARY PROTECTED STATUS.—Sec- of Homeland Security or Attorney General plicant any removal proceeding or other pro- tion 244 (8 U.S.C. 1254a) is amended— based upon any relevant information or evi- ceeding to determine the applicant’s inad- (A) by striking ‘‘Attorney General’’ each dence, including classified, sensitive, or na- missibility or deportability, or to determine place it appears and inserting ‘‘Secretary of tional security information;’’; whether the applicant’s lawful permanent Homeland Security’’; (2) in paragraph (8), by striking ‘‘(as de- resident status should be rescinded, regard- (B) in subsection (b)(3)— fined in subsection (a)(43))’’ and inserting the less of when such proceeding was com- (i) in subparagraph (B), by striking the last following: ‘‘, regardless of whether the crime menced. The findings of the Attorney Gen- sentence and inserting the following: ‘‘Not- was defined as an aggravated felony under eral in terminating removal proceedings or withstanding any other provision of this sec- subsection (a)(43) at the time of the convic- canceling the removal of an alien under this tion, the Secretary of Homeland Security tion, unless— Act shall not be deemed binding in any way may, for any reason (including national se- ‘‘(A) the person completed the term of im- upon the Secretary of Homeland Security curity), terminate or modify any designation prisonment and sentence not later than 10 with respect to the question of whether such under this section. Such termination or years before the date of application; and person has established eligibility for natu- modification is effective upon publication in ‘‘(B) the Secretary of Homeland Security ralization in accordance with this title.’’. the Federal Register, or after such time as or the Attorney General waives the applica- (g) DISTRICT COURT JURISDICTION.—Section the Secretary may designate in the Federal tion of this paragraph; or’’; and 336(b) (8 U.S.C. 1447(b)) is amended to read as Register.’’; (3) in the undesignated matter following follows: (ii) in subparagraph (C), by striking ‘‘a pe- paragraph (9), by striking ‘‘a finding that for ‘‘(b) REQUEST FOR HEARING BEFORE DIS- riod of 12 or 18 months’’ and inserting ‘‘any other reasons such person is or was not of TRICT COURT.—If there is a failure to render other period not to exceed 18 months’’; good moral character’’ and inserting the fol- a final administrative decision under section (C) in subsection (c)— lowing: ‘‘a discretionary finding for other 335 before the end of the 180-day period be- (i) in paragraph (1)(B), by striking ‘‘The reasons that such a person is or was not of ginning on the date on which the Secretary amount of any such fee shall not exceed good moral character. In determining an ap- of Homeland Security completes all exami- $50.’’; plicant’s moral character, the Secretary of nations and interviews required under such (ii) in paragraph (2)(B)— Homeland Security and the Attorney Gen- section, the applicant may apply to the dis- (I) in clause (i), by striking ‘‘, or’’ at the eral may take into consideration the appli- trict court for the district in which the ap- end; cant’s conduct and acts at any time and are plicant resides for a hearing on the matter. (II) in clause (ii), by striking the period at not limited to the period during which good The Secretary shall notify the applicant the end and inserting ‘‘; or’’; and moral character is required.’’. when such examinations and interviews have (III) by adding at the end the following: (b) PENDING PROCEEDINGS.—Section 204(b) been completed. Such district court shall ‘‘(iii) the alien is, or at any time after ad- (8 U.S.C. 1154(b)) is amended by adding at the only have jurisdiction to review the basis for mission has been, a member of a criminal

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street gang (as defined in section 521(a) of ‘‘(D) encourages or induces a person to re- ‘‘(3) LIMITATION.—It is not a violation of title 18, United States Code).’’; and side in the United States, knowing or in subparagraph (D), (E), or (F) of paragraph (D) in subsection (d)— reckless disregard of the fact that such per- (1)— (i) by striking paragraph (3); and son is an alien who lacks lawful authority to ‘‘(A) for a religious denomination having a (ii) in paragraph (4), by adding at the end reside in the United States; bona fide nonprofit, religious organization in the following: ‘‘The Secretary of Homeland ‘‘(E) transports or moves a person in the the United States, or the agents or officers Security may detain an alien provided tem- United States, knowing or in reckless dis- of such denomination or organization, to en- porary protected status under this section regard of the fact that such person is an courage, invite, call, allow, or enable an whenever appropriate under any other provi- alien who lacks lawful authority to enter or alien who is present in the United States to sion of law.’’. be in the United States, if the transportation perform the vocation of a minister or mis- (b) PENALTIES RELATED TO REMOVAL.—Sec- or movement will further the alien’s illegal sionary for the denomination or organization tion 243 (8 U.S.C. 1253) is amended— entry into or illegal presence in the United in the United States as a volunteer who is (1) in subsection (a)(1)— States; not compensated as an employee, notwith- (A) in the matter preceding subparagraph ‘‘(F) harbors, conceals, or shields from de- standing the provision of room, board, trav- (A), by inserting ‘‘212(a) or’’ after ‘‘section’’; tection a person in the United States, know- el, medical assistance, and other basic living and ing or in reckless disregard of the fact that expenses, provided the minister or mis- (B) in the matter following subparagraph such person is an alien who lacks lawful au- sionary has been a member of the denomina- (D)— thority to be in the United States; or tion for at least 1 year; or (i) by striking ‘‘or imprisoned not more ‘‘(G) conspires or attempts to commit any ‘‘(B) for an individual or organization, not than four years’’ and inserting ‘‘and impris- of the acts described in subparagraphs (A) previously convicted of a violation of this section, to provide an alien who is present in oned for not less than 6 months or more than through (F). 5 years’’; and the United States with humanitarian assist- ‘‘(2) CRIMINAL PENALTIES.—A person who ance, including medical care, housing, coun- (ii) by striking ‘‘, or both’’; violates any provision under paragraph (1)— (2) in subsection (b), by striking ‘‘not more seling, victim services, and food, or to trans- ‘‘(A) except as provided in subparagraphs than $1000 or imprisoned for not more than port the alien to a location where such as- (C) through (G), if the offense was not com- one year, or both’’ and inserting ‘‘under title sistance can be rendered. mitted for commercial advantage, profit, or 18, United States Code, and imprisoned for ‘‘(4) EXTRATERRITORIAL JURISDICTION.— private financial gain, shall be fined under not less than 6 months or more than 5 years There is extraterritorial Federal jurisdiction title 18, United States Code, imprisoned for (or for not more than 10 years if the alien is over the offenses described in this sub- not more than 5 years, or both; a member of any of the classes described in section. ‘‘(B) except as provided in subparagraphs paragraphs (1)(E), (2), (3), and (4) of section (C) through (G), if the offense was committed ‘‘(b) EMPLOYMENT OF UNAUTHORIZED 237(a)).’’; and ALIENS.— for commercial advantage, profit, or private (3) by amending subsection (d) to read as ‘‘(1) CRIMINAL OFFENSE AND PENALTIES.— financial gain— follows: Any person who, during any 12-month period, ‘‘(i) if the violation is the offender’s first ‘‘(d) DENYING VISAS TO NATIONALS OF COUN- knowingly employs 10 or more individuals violation under this subparagraph, shall be TRY DENYING OR DELAYING ACCEPTING with actual knowledge or in reckless dis- fined under such title, imprisoned for not ALIEN.—The Secretary of Homeland Secu- regard of the fact that the individuals are more than 20 years, or both; or rity, after making a determination that the aliens described in paragraph (2), shall be ‘‘(ii) if the violation is the offender’s sec- government of a foreign country has denied fined under title 18, United States Code, im- ond or subsequent violation of this subpara- or unreasonably delayed accepting an alien prisoned for not more than 10 years, or both. graph, shall be fined under such title, impris- who is a citizen, subject, national, or resi- ‘‘(2) DEFINITION.—An alien described in this oned for not less than 3 years or more than dent of that country after the alien has been paragraph is an alien who— ordered removed, and after consultation with 20 years, or both; ‘‘(A) is an unauthorized alien (as defined in the Secretary of State, may instruct the ‘‘(C) if the offense furthered or aided the section 274A(i)); Secretary of State to deny a visa to any cit- commission of any other offense against the ‘‘(B) is present in the United States with- izen, subject, national, or resident of that United States or any State that is punish- out lawful authority; and country until the country accepts the alien able by imprisonment for more than 1 year, ‘‘(C) has been brought into the United that was ordered removed.’’. shall be fined under such title, imprisoned States in violation of this subsection. for not less than 5 years or more than 20 (c) ALIEN SMUGGLING AND RELATED OF- ‘‘(c) SEIZURE AND FORFEITURE.— years, or both; FENSES.— ‘‘(1) IN GENERAL.—Any real or personal ‘‘(D) shall be fined under such title, impris- (1) IN GENERAL.—Section 274 (8 U.S.C. 1324), property used to commit or facilitate the oned not less than 5 years or more than 20 is amended to read as follows: commission of a violation of this section, the years, or both, if the offense created a sub- ‘‘SEC. 274. ALIEN SMUGGLING AND RELATED OF- gross proceeds of such violation, and any FENSES. stantial and foreseeable risk of death, a sub- property traceable to such property or pro- stantial and foreseeable risk of serious bod- ‘‘(a) CRIMINAL OFFENSES AND PENALTIES.— ceeds, shall be subject to forfeiture. ily injury (as defined in section 2119(2) of ‘‘(1) PROHIBITED ACTIVITIES.—Except as pro- ‘‘(2) APPLICABLE PROCEDURES.—Seizures vided in paragraph (3), a person shall be pun- title 18, United States Code), or inhumane and forfeitures under this subsection shall be ished as provided under paragraph (2), if the conditions to another person, including— governed by the provisions of chapter 46 of person— ‘‘(i) transporting the person in an engine title 18, United States Code, relating to civil ‘‘(A) facilitates, encourages, directs, or in- compartment, storage compartment, or forfeitures, except that such duties as are duces a person to come to or enter the other confined space; imposed upon the Secretary of the Treasury United States, or to cross the border to the ‘‘(ii) transporting the person at an exces- under the customs laws described in section United States, knowing or in reckless dis- sive speed or in excess of the rated capacity 981(d) shall be performed by such officers, regard of the fact that such person is an of the means of transportation; or agents, and other persons as may be des- alien who lacks lawful authority to come to, ‘‘(iii) transporting the person in, harboring ignated for that purpose by the Secretary of enter, or cross the border to the United the person in, or otherwise subjecting the Homeland Security. States; person to crowded or dangerous conditions; ‘‘(3) PRIMA FACIE EVIDENCE IN DETERMINA- ‘‘(B) facilitates, encourages, directs, or in- ‘‘(E) if the offense caused serious bodily in- TIONS OF VIOLATIONS.—In determining wheth- duces a person to come to or enter the jury (as defined in section 2119(2) of title 18, er a violation of subsection (a) has occurred, United States, or to cross the border to the United States Code) to any person, shall be prima facie evidence that an alien involved United States, at a place other than a des- fined under such title, imprisoned for not in the alleged violation lacks lawful author- ignated port of entry or place other than as less than 7 years or more than 30 years, or ity to come to, enter, reside in, remain in, or designated by the Secretary of Homeland Se- both; be in the United States or that such alien curity, knowing or in reckless disregard of ‘‘(F) shall be fined under such title and im- had come to, entered, resided in, remained the fact that such person is an alien and re- prisoned for not less than 10 years or more in, or been present in the United States in gardless of whether such alien has official than 30 years if the offense involved an alien violation of law shall include— permission or lawful authority to be in the who the offender knew or had reason to be- ‘‘(A) any order, finding, or determination United States; lieve was— concerning the alien’s status or lack of sta- ‘‘(C) transports, moves, harbors, conceals, ‘‘(i) engaged in terrorist activity (as de- tus made by a Federal judge or administra- or shields from detection a person outside of fined in section 212(a)(3)(B)); or tive adjudicator (including an immigration the United States knowing or in reckless dis- ‘‘(ii) intending to engage in terrorist activ- judge or immigration officer) during any ju- regard of the fact that such person is an ity; dicial or administrative proceeding author- alien in unlawful transit from 1 country to ‘‘(G) if the offense caused or resulted in the ized under Federal immigration law; another or on the high seas, under cir- death of any person, shall be punished by ‘‘(B) official records of the Department of cumstances in which the alien is seeking to death or imprisoned for a term of years not Homeland Security, the Department of Jus- enter the United States without official per- less than 10 years and up to life, and fined tice, or the Department of State concerning mission or legal authority; under title 18, United States Code. the alien’s status or lack of status; and

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‘‘(C) testimony by an immigration officer (d) PROHIBITING CARRYING OR USING A FIRE- ‘‘(5) ATTEMPT.—Whoever attempts to com- having personal knowledge of the facts con- ARM DURING AND IN RELATION TO AN ALIEN mit any offense under this section shall be cerning the alien’s status or lack of status. SMUGGLING CRIME.—Section 924(c) of title 18, punished in the same manner as for a com- ‘‘(d) AUTHORITY TO ARREST.—No officer or United States Code, is amended— pletion of such offense. person shall have authority to make any ar- (1) in paragraph (1)— ‘‘(b) IMPROPER TIME OR PLACE; CIVIL PEN- rests for a violation of any provision of this (A) in subparagraph (A), by inserting ‘‘, ALTIES.— section except— alien smuggling crime,’’ after ‘‘any crime of ‘‘(1) IN GENERAL.—Any alien who is appre- ‘‘(1) officers and employees designated by violence’’; hended while entering, attempting to enter, the Secretary of Homeland Security, either (B) in subparagraph (A), by inserting ‘‘, or knowingly crossing or attempting to cross individually or as a member of a class; and alien smuggling crime,’’ after ‘‘such crime of the border to the United States at a time or ‘‘(2) other officers responsible for the en- violence’’; place other than as designated by immigra- forcement of Federal criminal laws. (C) in subparagraph (D)(ii), by inserting ‘‘, tion officers shall be subject to a civil pen- ‘‘(e) ADMISSIBILITY OF VIDEOTAPED WITNESS alien smuggling crime,’’ after ‘‘crime of vio- alty, in addition to any criminal or other TESTIMONY.—Notwithstanding any provision lence’’; and civil penalties that may be imposed under of the Federal Rules of Evidence, the (2) by adding at the end the following: any other provision of law, in an amount videotaped or otherwise audiovisually pre- ‘‘(6) For purposes of this subsection, the equal to— served deposition of a witness to a violation term ‘alien smuggling crime’ means any fel- ‘‘(A) not less than $50 or more than $250 for of subsection (a) who has been deported or ony punishable under section 274(a), 277, or each such entry, crossing, attempted entry, otherwise expelled from the United States, 278 of the Immigration and Nationality Act or attempted crossing; or or is otherwise unavailable to testify, may (8 U.S.C. 1324(a), 1327, and 1328).’’. ‘‘(B) twice the amount specified in para- be admitted into evidence in an action SEC. 206. ILLEGAL ENTRY. graph (1) if the alien had previously been brought for that violation if— (a) IN GENERAL.—Section 275 (8 U.S.C. 1325) subject to a civil penalty under this sub- ‘‘(1) the witness was available for cross ex- is amended to read as follows: section. amination at the deposition by the party, if ‘‘SEC. 275. ILLEGAL ENTRY. ‘‘(2) CROSSED THE BORDER DEFINED.—In this any, opposing admission of the testimony; ‘‘(a) IN GENERAL.— and section, an alien is deemed to have crossed ‘‘(1) CRIMINAL OFFENSES.—An alien shall be the border if the act was voluntary, regard- ‘‘(2) the deposition otherwise complies with subject to the penalties set forth in para- the Federal Rules of Evidence. less of whether the alien was under observa- graph (2) if the alien— tion at the time of the crossing.’’. ‘‘(f) OUTREACH PROGRAM.— ‘‘(A) knowingly enters or crosses the bor- ‘‘(1) IN GENERAL.—The Secretary of Home- (b) CLERICAL AMENDMENT.—The table of der into the United States at any time or contents is amended by striking the item re- land Security, in consultation with the At- place other than as designated by the Sec- torney General and the Secretary of State, lating to section 275 and inserting the fol- retary of Homeland Security; lowing: as appropriate, shall— ‘‘(B) knowingly eludes examination or in- ‘‘Sec. 275. Illegal entry’’. ‘‘(A) develop and implement an outreach spection by an immigration officer (includ- program to educate people in and out of the ing failing to stop at the command of such SEC. 207. ILLEGAL REENTRY. United States about the penalties for bring- officer), or a customs or agriculture inspec- Section 276 (8 U.S.C. 1326) is amended to ing in and harboring aliens in violation of tion at a port of entry; or read as follows: this section; and ‘‘(C) knowingly enters or crosses the bor- ‘‘SEC. 276. REENTRY OF REMOVED ALIEN. ‘‘(B) establish the American Local and In- der to the United States by means of a know- ‘‘(a) REENTRY AFTER REMOVAL.—Any alien terior Enforcement Needs (ALIEN) Task ingly false or misleading representation or who has been denied admission, excluded, de- Force to identify and respond to the use of the knowing concealment of a material fact ported, or removed, or who has departed the Federal, State, and local transportation in- (including such representation or conceal- United States while an order of exclusion, frastructure to further the trafficking of un- ment in the context of arrival, reporting, deportation, or removal is outstanding, and lawful aliens within the United States. entry, or clearance requirements of the cus- subsequently enters, attempts to enter, ‘‘(2) FIELD OFFICES.—The Secretary of toms laws, immigration laws, agriculture crosses the border to, attempts to cross the Homeland Security, after consulting with laws, or shipping laws). border to, or is at any time found in the State and local government officials, shall ‘‘(2) CRIMINAL PENALTIES.—Any alien who United States, shall be fined under title 18, establish such field offices as may be nec- violates any provision under paragraph (1)— United States Code, imprisoned not more essary to carry out this subsection. ‘‘(A) shall, for the first violation, be fined than 2 years, or both. ‘‘(3) AUTHORIZATION OF APPROPRIATIONS.— under title 18, United States Code, impris- ‘‘(b) REENTRY OF CRIMINAL OFFENDERS.— There are authorized to be appropriated such oned not more than 6 months, or both; Notwithstanding the penalty provided in sums are necessary for the fiscal years 2007 ‘‘(B) shall, for a second or subsequent vio- subsection (a), if an alien described in that through 2011 to carry out this subsection. lation, or following an order of voluntary de- subsection— ‘‘(g) DEFINITIONS.—In this section: parture, be fined under such title, impris- ‘‘(1) was convicted for 3 or more mis- ‘‘(1) CROSSED THE BORDER INTO THE UNITED oned not more than 2 years, or both; demeanors or a felony before such removal STATES.—An alien is deemed to have crossed ‘‘(C) if the violation occurred after the or departure, the alien shall be fined under the border into the United States regardless alien had been convicted of 3 or more mis- title 18, United States Code, imprisoned not of whether the alien is free from official re- demeanors or for a felony, shall be fined more than 10 years, or both; straint. under such title, imprisoned not more than ‘‘(2) was convicted for a felony before such ‘‘(2) LAWFUL AUTHORITY.—The term ‘lawful 10 years, or both; removal or departure for which the alien was authority’ means permission, authorization, ‘‘(D) if the violation occurred after the sentenced to a term of imprisonment of not or license that is expressly provided for in alien had been convicted of a felony for less than 30 months, the alien shall be fined the immigration laws of the United States or which the alien received a term of imprison- under such title, imprisoned not more than accompanying regulations. The term does ment of not less than 30 months, shall be 15 years, or both; not include any such authority secured by fined under such title, imprisoned not more ‘‘(3) was convicted for a felony before such fraud or otherwise obtained in violation of than 15 years, or both; and removal or departure for which the alien was law or authority sought, but not approved. ‘‘(E) if the violation occurred after the sentenced to a term of imprisonment of not No alien shall be deemed to have lawful au- alien had been convicted of a felony for less than 60 months, the alien shall be fined thority to come to, enter, reside in, remain which the alien received a term of imprison- under such title, imprisoned not more than in, or be in the United States if such coming ment of not less than 60 months, such alien 20 years, or both; to, entry, residence, remaining, or presence shall be fined under such title, imprisoned ‘‘(4) was convicted for 3 felonies before was, is, or would be in violation of law. not more than 20 years, or both. such removal or departure, the alien shall be ‘‘(3) PROCEEDS.—The term ‘proceeds’ in- ‘‘(3) PRIOR CONVICTIONS.—The prior convic- fined under such title, imprisoned not more cludes any property or interest in property tions described in subparagraphs (C) through than 20 years, or both; or obtained or retained as a consequence of an (E) of paragraph (2) are elements of the of- ‘‘(5) was convicted, before such removal or act or omission in violation of this section. fenses described in that paragraph and the departure, for murder, rape, kidnaping, or a ‘‘(4) UNLAWFUL TRANSIT.—The term ‘unlaw- penalties in such subparagraphs shall apply felony offense described in chapter 77 (relat- ful transit’ means travel, movement, or tem- only in cases in which the conviction or con- ing to peonage and slavery) or 113B (relating porary presence that violates the laws of any victions that form the basis for the addi- to terrorism) of such title, the alien shall be country in which the alien is present or any tional penalty are— fined under such title, imprisoned not more country from which the alien is traveling or ‘‘(A) alleged in the indictment or informa- than 20 years, or both. moving.’’. tion; and ‘‘(c) REENTRY AFTER REPEATED REMOVAL.— (2) CLERICAL AMENDMENT.—The table of ‘‘(B) proven beyond a reasonable doubt at Any alien who has been denied admission, contents is amended by striking the item re- trial or admitted by the defendant. excluded, deported, or removed 3 or more lating to section 274 and inserting the fol- ‘‘(4) DURATION OF OFFENSE.—An offense times and thereafter enters, attempts to lowing: under this subsection continues until the enter, crosses the border to, attempts to ‘‘Sec. 274. Alien smuggling and related of- alien is discovered within the United States cross the border to, or is at any time found fenses’’. by an immigration officer. in the United States, shall be fined under

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Forgery and unlawful production of a prior convictions described in subsection (b) ‘‘(5) STATE.—The term ‘State’ means a passport are elements of the crimes described in that State of the United States, the District of ‘‘(a) FORGERY.—Any person who— subsection, and the penalties in that sub- Columbia, and any commonwealth, territory, ‘‘(1) knowingly forges, counterfeits, alters, section shall apply only in cases in which the or possession of the United States.’’. or falsely makes any passport; or conviction or convictions that form the basis SEC. 208. REFORM OF PASSPORT, VISA, AND IM- ‘‘(2) knowingly transfers any passport for the additional penalty are— MIGRATION FRAUD OFFENSES. knowing it to be forged, counterfeited, al- ‘‘(1) alleged in the indictment or informa- (a) PASSPORT, VISA, AND IMMIGRATION tion; and tered, falsely made, stolen, or to have been FRAUD.— ‘‘(2) proven beyond a reasonable doubt at produced or issued without lawful authority, (1) IN GENERAL.—Chapter 75 of title 18, shall be fined under this title, imprisoned trial or admitted by the defendant. United States Code, is amended to read as ‘‘(e) AFFIRMATIVE DEFENSES.—It shall be an not more than 15 years, or both. follows: affirmative defense to a violation of this sec- ‘‘(b) UNLAWFUL PRODUCTION.—Any person tion that— ‘‘CHAPTER 75—PASSPORT, VISA, AND who knowingly and without lawful author- ‘‘(1) prior to the alleged violation, the alien IMMIGRATION FRAUD ity— had sought and received the express consent ‘‘Sec ‘‘(1) produces, issues, authorizes, or verifies of the Secretary of Homeland Security to re- ‘‘1541. Trafficking in passports a passport in violation of the laws, regula- apply for admission into the United States; ‘‘1542. False statement in an application for tions, or rules governing the issuance of the or a passport passport; ‘‘(2) with respect to an alien previously de- ‘‘1543. Forgery and unlawful production of a ‘‘(2) produces, issues, authorizes, or verifies nied admission and removed, the alien— passport a United States passport for or to any person ‘‘(A) was not required to obtain such ad- ‘‘1544. Misuse of a passport not owing allegiance to the United States; or vance consent under the Immigration and ‘‘1545. Schemes to defraud aliens ‘‘(3) transfers or furnishes a passport to a Nationality Act or any prior Act; and ‘‘1546. Immigration and visa fraud person for use when such person is not the ‘‘(B) had complied with all other laws and ‘‘1547. Marriage fraud person for whom the passport was issued or regulations governing the alien’s admission ‘‘1548. Attempts and conspiracies designed, into the United States. ‘‘1549. Alternative penalties for certain of- shall be fined under this title, imprisoned ‘‘(f) LIMITATION ON COLLATERAL ATTACK ON fenses not more than 15 years, or both. UNDERLYING REMOVAL ORDER.—In a criminal ‘‘1550. Seizure and forfeiture ‘‘§ 1544. Misuse of a passport proceeding under this section, an alien may ‘‘1551. Additional jurisdiction ‘‘(a) IN GENERAL.—Any person who— not challenge the validity of any prior re- ‘‘1552. Additional venue ‘‘(1) knowingly uses any passport issued or moval order concerning the alien unless the ‘‘1553. Definitions designed for the use of another; alien demonstrates by clear and convincing ‘‘1554. Authorized law enforcement activities ‘‘(2) knowingly uses any passport in viola- evidence that— ‘‘1555. Exception for refugees and asylees tion of the conditions or restrictions therein ‘‘(1) the alien exhausted all administrative ‘‘§ 1541. Trafficking in passports contained, or in violation of the laws, regula- remedies that may have been available to ‘‘(a) MULTIPLE PASSPORTS.—Any person tions, or rules governing the issuance and seek relief against the order; who, during any 3-year period, knowingly— use of the passport; ‘‘(2) the removal proceedings at which the ‘‘(1) and without lawful authority pro- ‘‘(3) knowingly secures, possesses, uses, re- order was issued improperly deprived the duces, issues, or transfers 10 or more pass- ceives, buys, sells, or distributes any pass- alien of the opportunity for judicial review; ports; port knowing it to be forged, counterfeited, and ‘‘(2) forges, counterfeits, alters, or falsely altered, falsely made, procured by fraud, or ‘‘(3) the entry of the order was fundamen- makes 10 or more passports; produced or issued without lawful authority; tally unfair. ‘‘(3) secures, possesses, uses, receives, buys, ‘‘(g) REENTRY OF ALIEN REMOVED PRIOR TO or sells, or distributes 10 or more passports, COMPLETION OF TERM OF IMPRISONMENT.—Any ‘‘(4) knowingly violates the terms and con- alien removed pursuant to section 241(a)(4) knowing the passports to be forged, counter- ditions of any safe conduct duly obtained who enters, attempts to enter, crosses the feited, altered, falsely made, stolen, procured and issued under the authority of the United border to, attempts to cross the border to, or by fraud, or produced or issued without law- States, is at any time found in, the United States ful authority; or shall be fined under this title, imprisoned shall be incarcerated for the remainder of ‘‘(4) completes, mails, prepares, presents, not more than 15 years, or both. the sentence of imprisonment which was signs, or submits 10 or more applications for ‘‘(b) ENTRY; FRAUD.—Any person who pending at the time of deportation without a United States passport (including any sup- knowingly uses any passport, knowing the any reduction for parole or supervised re- porting documentation), knowing the appli- passport to be forged, counterfeited, altered, lease unless the alien affirmatively dem- cations to contain any false statement or falsely made, procured by fraud, produced or onstrates that the Secretary of Homeland representation, issued without lawful authority, or issued or Security has expressly consented to the shall be fined under this title, imprisoned designed for the use of another— alien’s reentry. Such alien shall be subject to not more than 20 years, or both. ‘‘(1) to enter or to attempt to enter the such other penalties relating to the reentry ‘‘(b) PASSPORT MATERIALS.—Any person United States; or of removed aliens as may be available under who knowingly and without lawful authority ‘‘(2) to defraud the United States, a State, this section or any other provision of law. produces, counterfeits, secures, possesses, or or a political subdivision of a State, ‘‘(h) LIMITATION.—It is not aiding and abet- uses any official paper, seal, hologram, shall be fined under this title, imprisoned ting a violation of this section for an indi- image, text, symbol, stamp, engraving, plate, not more than 15 years, or both. vidual to provide an alien with emergency or other material used to make a passport ‘‘§ 1545. Schemes to defraud aliens humanitarian assistance, including emer- shall be fined under this title, imprisoned ‘‘(a) IN GENERAL.—Any person who know- gency medical care and food, or to transport not more than 20 years, or both. the alien to a location where such assistance ingly executes a scheme or artifice, in con- can be rendered without compensation or the ‘‘§ 1542. False statement in an application for nection with any matter that is authorized expectation of compensation. a passport by or arises under Federal immigration laws, ‘‘(i) DEFINITIONS.—In this section: ‘‘Any person who knowingly— or any matter the offender claims or rep- ‘‘(1) CROSSES THE BORDER.—The term ‘‘(1) makes any false statement or rep- resents is authorized by or arises under Fed- ‘crosses the border’ applies if an alien acts resentation in an application for a United eral immigration laws— voluntarily, regardless of whether the alien States passport (including any supporting ‘‘(1) to defraud any person, or was under observation at the time of the documentation); ‘‘(2) to obtain or receive from any person, crossing. ‘‘(2) completes, mails, prepares, presents, by means of false or fraudulent pretenses, ‘‘(2) FELONY.—Term ‘felony’ means any signs, or submits an application for a United representations, promises, money or any- criminal offense punishable by a term of im- States passport (including any supporting thing else of value, prisonment of more than 1 year under the documentation) knowing the application to shall be fined under this title, imprisoned laws of the United States, any State, or a contain any false statement or representa- not more than 15 years, or both. foreign government. tion; or ‘‘(b) MISREPRESENTATION.—Any person who ‘‘(3) MISDEMEANOR.—The term ‘mis- ‘‘(3) causes or attempts to cause the pro- knowingly and falsely represents himself to demeanor’ means any criminal offense pun- duction of a passport by means of any fraud be an attorney in any matter arising under ishable by a term of imprisonment of not or false application for a United States pass- Federal immigration laws shall be fined more than 1 year under the applicable laws port (including any supporting documenta- under this title, imprisoned not more than 15 of the United States, any State, or a foreign tion), if such production occurs or would years, or both. government. occur at a facility authorized by the Sec- ‘‘§ 1546. Immigration and visa fraud ‘‘(4) REMOVAL.—The term ‘removal’ in- retary of State for the production of pass- ‘‘(a) IN GENERAL.—Any person who know- cludes any denial of admission, exclusion, ports, ingly—

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‘‘(1) uses any immigration document issued ‘‘(d) DURATION OF OFFENSE.— ‘‘(4) the offense is committed to facilitate or designed for the use of another; ‘‘(1) IN GENERAL.—An offense under sub- an act of international terrorism (as defined ‘‘(2) forges, counterfeits, alters, or falsely section (a) or (b) continues until the fraudu- in section 2331) or a drug trafficking crime makes any immigration document; lent nature of the marriage or marriages is (as defined in section 929(a)(2)) that affects ‘‘(3) completes, mails, prepares, presents, discovered by an immigration officer. or would affect the national security of the signs, or submits any immigration document ‘‘(2) COMMERCIAL ENTERPRISE.—An offense United States; knowing it to contain any materially false under subsection (c) continues until the ‘‘(5) the offender is a national of the United statement or representation; fraudulent nature of commercial enterprise States (as defined in section 101(a)(22) of the ‘‘(4) secures, possesses, uses, transfers, re- is discovered by an immigration officer or Immigration and Nationality Act (8 U.S.C. ceives, buys, sells, or distributes any immi- other law enforcement officer. 1101(a)(22))) or an alien lawfully admitted for gration document knowing it to be forged, ‘‘§ 1548. Attempts and conspiracies permanent residence in the United States (as counterfeited, altered, falsely made, stolen, defined in section 101(a)(20) of such Act); or ‘‘Any person who attempts or conspires to procured by fraud, or produced or issued ‘‘(6) the offender is a stateless person violate any section of this chapter shall be without lawful authority; whose habitual residence is in the United punished in the same manner as a person ‘‘(5) adopts or uses a false or fictitious States. who completed a violation of that section. name to evade or to attempt to evade the ‘‘§ 1552. Additional venue ‘‘§ 1549. Alternative penalties for certain of- immigration laws; or ‘‘(a) IN GENERAL.—An offense under section ‘‘(6) transfers or furnishes an immigration fenses 1542 may be prosecuted in— document to a person without lawful author- ‘‘(a) TERRORISM.—Any person who violates ‘‘(1) any district in which the false state- ity for use if such person is not the person any section of this chapter— ment or representation was made; for whom the immigration document was ‘‘(1) knowing that such violation will fa- ‘‘(2) any district in which the passport ap- issued or designed, cilitate an act of international terrorism or plication was prepared, submitted, mailed, shall be fined under this title, imprisoned domestic terrorism (as those terms are de- received, processed, or adjudicated; or not more than 15 years, or both. fined in section 2331); or ‘‘(3) in the case of an application prepared ‘‘(b) MULTIPLE VIOLATIONS.—Any person ‘‘(2) with the intent to facilitate an act of and adjudicated outside the United States, in who, during any 3-year period, knowingly— international terrorism or domestic ter- the district in which the resultant passport ‘‘(1) and without lawful authority pro- rorism, was produced. duces, issues, or transfers 10 or more immi- shall be fined under this title, imprisoned ‘‘(b) SAVINGS CLAUSE.—Nothing in this sec- gration documents; not more than 25 years, or both. tion limits the venue otherwise available ‘‘(2) forges, counterfeits, alters, or falsely ‘‘(b) OFFENSE AGAINST GOVERNMENT.—Any under sections 3237 and 3238. makes 10 or more immigration documents; person who violates any section of this chap- ‘‘§ 1553. Definitions ‘‘(3) secures, possesses, uses, buys, sells, or ter— ‘‘As used in this chapter: distributes 10 or more immigration docu- ‘‘(1) knowing that such violation will fa- ‘‘(1) The term ‘falsely make’ means to pre- ments, knowing the immigration documents cilitate the commission of any offense pare or complete an immigration document to be forged, counterfeited, altered, stolen, against the United States (other than an of- with knowledge or in reckless disregard of falsely made, procured by fraud, or produced fense in this chapter) or against any State, the fact that the document— or issued without lawful authority; or which offense is punishable by imprisonment ‘‘(A) contains a statement or representa- ‘‘(4) completes, mails, prepares, presents, for more than 1 year; or tion that is false, fictitious, or fraudulent; signs, or submits 10 or more immigration ‘‘(2) with the intent to facilitate the com- ‘‘(B) has no basis in fact or law; or documents knowing the documents to con- mission of any offense against the United ‘‘(C) otherwise fails to state a fact which is tain any materially false statement or rep- States (other than an offense in this chapter) material to the purpose for which the docu- resentation, or against any State, which offense is pun- ment was created, designed, or submitted. shall be fined under this title, imprisoned ishable by imprisonment for more than 1 ‘‘(2) The term a ‘false statement or rep- not more than 20 years, or both. year, resentation’ includes a personation or an ‘‘(c) IMMIGRATION DOCUMENT MATERIALS.— shall be fined under this title, imprisoned omission. Any person who knowingly and without law- not more than 20 years, or both. ‘‘(3) The term ‘felony’ means any criminal ful authority produces, counterfeits, secures, ‘‘§ 1550. Seizure and forfeiture offense punishable by a term of imprison- possesses, or uses any official paper, seal, ment of more than 1 year under the laws of ‘‘(a) FORFEITURE.—Any property, real or hologram, image, text, symbol, stamp, en- the United States, any State, or a foreign personal, used to commit or facilitate the graving, plate, or other material, used to government. commission of a violation of any section of make an immigration document shall be ‘‘(4) The term ‘immigration document’— this chapter, the gross proceeds of such vio- fined under this title, imprisoned not more ‘‘(A) means— lation, and any property traceable to such than 20 years, or both. ‘‘(i) any passport or visa; or property or proceeds, shall be subject to for- ‘‘§ 1547. Marriage fraud ‘‘(ii) any application, petition, affidavit, feiture. ‘‘(a) EVASION OR MISREPRESENTATION.—Any declaration, attestation, form, identification ‘‘(b) APPLICABLE LAW.—Seizures and for- card, alien registration document, employ- person who— feitures under this section shall be governed ment authorization document, border cross- ‘‘(1) knowingly enters into a marriage for by the provisions of chapter 46 relating to ing card, certificate, permit, order, license, the purpose of evading any provision of the civil forfeitures, except that such duties as stamp, authorization, grant of authority, or immigration laws; or are imposed upon the Secretary of the Treas- other evidentiary document, arising under or ‘‘(2) knowingly misrepresents the existence ury under the customs laws described in sec- authorized by the immigration laws of the or circumstances of a marriage— tion 981(d) shall be performed by such offi- United States; and ‘‘(A) in an application or document author- cers, agents, and other persons as may be ‘‘(B) includes any document, photograph, ized by the immigration laws; or designated for that purpose by the Secretary or other piece of evidence attached to or sub- ‘‘(B) during any immigration proceeding of Homeland Security, the Secretary of mitted in support of an immigration docu- conducted by an administrative adjudicator State, or the Attorney General. (including an immigration officer or exam- ment. iner, a consular officer, an immigration ‘‘§ 1551. Additional jurisdiction ‘‘(5) The term ‘immigration laws’ in- judge, or a member of the Board of Immigra- ‘‘(a) IN GENERAL.—Any person who com- cludes— tion Appeals), mits an offense under this chapter within the ‘‘(A) the laws described in section 101(a)(17) shall be fined under this title, imprisoned special maritime and territorial jurisdiction of the Immigration and Nationality Act (8 not more than 10 years, or both. of the United States shall be punished as U.S.C. 1101(a)(17)); ‘‘(b) MULTIPLE MARRIAGES.—Any person provided under this chapter. ‘‘(B) the laws relating to the issuance and who— ‘‘(b) EXTRATERRITORIAL JURISDICTION.—Any use of passports; and ‘‘(1) knowingly enters into 2 or more mar- person who commits an offense under this ‘‘(C) the regulations prescribed under the riages for the purpose of evading any immi- chapter outside the United States shall be authority of any law described in paragraphs gration law; or punished as provided under this chapter if— (1) and (2). ‘‘(2) knowingly arranges, supports, or fa- ‘‘(1) the offense involves a United States ‘‘(6) The term ‘immigration proceeding’ in- cilitates 2 or more marriages designed or in- immigration document (or any document cludes an adjudication, interview, hearing, tended to evade any immigration law, purporting to be such a document) or any or review. shall be fined under this title, imprisoned matter, right, or benefit arising under or au- ‘‘(7) A person does not exercise ‘lawful au- not more than 20 years, or both. thorized by Federal immigration laws; thority’ if the person abuses or improperly ‘‘(c) COMMERCIAL ENTERPRISE.—Any person ‘‘(2) the offense is in or affects foreign com- exercises lawful authority the person other- who knowingly establishes a commercial en- merce; wise holds. terprise for the purpose of evading any provi- ‘‘(3) the offense affects, jeopardizes, or ‘‘(8) The term ‘passport’ means a travel sion of the immigration laws shall be fined poses a significant risk to the lawful admin- document attesting to the identity and na- under this title, imprisoned for not more istration of Federal immigration laws, or the tionality of the bearer that is issued under than 10 years, or both. national security of the United States; the authority of the Secretary of State, a

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00068 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9927 foreign government, or an international or- SEC. 209. INADMISSIBILITY AND REMOVAL FOR retary of Homeland Security may permit the ganization; or any instrument purporting to PASSPORT AND IMMIGRATION alien to voluntarily depart the United States be the same. FRAUD OFFENSES. at the alien’s own expense under this sub- ‘‘(9) The term ‘produce’ means to make, (a) INADMISSIBILITY.—Section 212(a)(2)(A)(i) section instead of being subject to pro- prepare, assemble, issue, print, authenticate, (8 U.S.C. 1182(a)(2)(A)(i)) is amended— ceedings under section 240.’’; or alter. (1) in subclause (I), by striking ‘‘, or’’ at (B) by striking paragraph (3); ‘‘(10) The term ‘State’ means a State of the the end and inserting a semicolon; (C) by redesignating paragraph (2) as para- United States, the District of Columbia, or (2) in subclause (II), by striking the comma graph (3); at the end and inserting ‘‘; or’’; and any commonwealth, territory, or possession (D) by adding after paragraph (1) the fol- (3) by inserting after subclause (II) the fol- of the United States. lowing: lowing: ‘‘(2) BEFORE THE CONCLUSION OF REMOVAL ‘‘§ 1554. Authorized law enforcement activi- ‘‘(III) a violation of (or a conspiracy or at- PROCEEDINGS.—If an alien is not described in ties tempt to violate) any provision of chapter 75 paragraph (2)(A)(iii) or (4) of section 237(a), ‘‘Nothing in this chapter shall prohibit any of title 18, United States Code,’’. the Attorney General may permit the alien lawfully authorized investigative, protec- (b) REMOVAL.—Section 237(a)(3)(B)(iii) (8 tive, or intelligence activity of a law en- U.S.C. 1227(a)(3)(B)(iii)) is amended to read as to voluntarily depart the United States at forcement agency of the United States, a follows: the alien’s own expense under this sub- State, or a political subdivision of a State, ‘‘(iii) of a violation of any provision of section after the initiation of removal pro- or an intelligence agency of the United chapter 75 of title 18, United States Code,’’. ceedings under section 240 and before the States, or any activity authorized under (c) EFFECTIVE DATE.—The amendments conclusion of such proceedings before an im- title V of the Organized Crime Control Act of made by subsections (a) and (b) shall apply migration judge.’’; 1970 (84 Stat. 933). to proceedings pending on or after the date (E) in paragraph (3), as redesignated— (i) by amending subparagraph (A) to read ‘‘§ 1555. Exception for refugees, asylees, and of the enactment of this Act, with respect to as follows: other vulnerable persons conduct occurring on or after that date. SEC. 210. INCARCERATION OF CRIMINAL ALIENS. ‘‘(A) INSTEAD OF REMOVAL.—Subject to sub- ‘‘(a) IN GENERAL.—If a person believed to (a) INSTITUTIONAL REMOVAL PROGRAM.— paragraph (C), permission to voluntarily de- have violated section 1542, 1544, 1546, or 1548 part under paragraph (1) shall not be valid while attempting to enter the United States, (1) CONTINUATION.—The Secretary shall continue to operate the Institutional Re- for any period in excess of 120 days. The Sec- without delay, indicates an intention to retary may require an alien permitted to apply for asylum under section 208 or moval Program (referred to in this section as the ‘‘Program’’) or shall develop and imple- voluntarily depart under paragraph (1) to 241(b)(3) of the Immigration and Nationality post a voluntary departure bond, to be sur- Act (8 U.S.C. 1158 and 1231), or for relief ment another program to— (A) identify removable criminal aliens in rendered upon proof that the alien has de- under the Convention Against Torture and parted the United States within the time Other Cruel, Inhuman or Degrading Treat- Federal and State correctional facilities; (B) ensure that such aliens are not released specified.’’; ment or Punishment (in accordance with sec- (ii) by redesignating subparagraphs (B), tion 208.17 of title 8, Code of Federal Regula- into the community; and (C) remove such aliens from the United (C), and (D) as paragraphs (C), (D), and (E), tions), or under section 101(a)(15)(T), respectively; 101(a)(15)(U), 101(a)(27)(J), 101(a)(51), States after the completion of their sen- (iii) by adding after subparagraph (A) the 216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in ef- tences. following: fect prior to March 31, 1997) of such Act, or (2) EXPANSION.—The Secretary may extend ‘‘(B) BEFORE THE CONCLUSION OF REMOVAL a credible fear of persecution or torture— the scope of the Program to all States. (b) AUTHORIZATION FOR DETENTION AFTER PROCEEDINGS.—Permission to voluntarily de- ‘‘(1) the person shall be referred to an ap- COMPLETION OF STATE OR LOCAL PRISON SEN- part under paragraph (2) shall not be valid propriate Federal immigration official to re- TENCE.—Law enforcement officers of a State for any period in excess of 60 days, and may view such claim and make a determination if or political subdivision of a State may— be granted only after a finding that the alien such claim is warranted; (1) hold an illegal alien for a period not to has the means to depart the United States ‘‘(2) if the Federal immigration official de- exceed 14 days after the completion of the and intends to do so. An alien permitted to termines that the person qualifies for the alien’s State prison sentence to effectuate voluntarily depart under paragraph (2) shall claimed relief, the person shall not be con- the transfer of the alien to Federal custody sidered to have violated any such section; post a voluntary departure bond, in an if the alien is removable or not lawfully and amount necessary to ensure that the alien present in the United States; or ‘‘(3) if the Federal immigration official de- will depart, to be surrendered upon proof (2) issue a detainer that would allow aliens termines that the person does not qualify for that the alien has departed the United who have served a State prison sentence to the claimed relief, the person shall be re- States within the time specified. An immi- be detained by the State prison until author- ferred to an appropriate Federal official for gration judge may waive the requirement to ized employees of the Bureau of Immigration prosecution under this chapter. post a voluntary departure bond in indi- and Customs Enforcement can take the alien ‘‘(b) SAVINGS PROVISION.—Nothing in this vidual cases upon a finding that the alien into custody. section shall be construed to diminish, in- has presented compelling evidence that the (c) TECHNOLOGY USAGE.—Technology, such crease, or alter the obligations of refugees or posting of a bond will pose a serious finan- as videoconferencing, shall be used to the cial hardship and the alien has presented the United States under article 31(1) of the maximum extent practicable to make the Convention Relating to the Status of Refu- credible evidence that such a bond is unnec- Program available in remote locations. Mo- essary to guarantee timely departure.’’; gees, done at Geneva July 28, 1951 (as made bile access to Federal databases of aliens, applicable by the Protocol Relating to the (iv) in subparagraph (C), as redesignated, such as IDENT, and live scan technology by striking ‘‘subparagraphs (C) and(D)(ii)’’ Status of Refugees, done at New York Janu- shall be used to the maximum extent prac- ary 31, 1967 (19 UST 6223)).’’. and inserting ‘‘subparagraphs (D) and ticable to make these resources available to (E)(ii)’’; (2) CLERICAL AMENDMENT.—The table of State and local law enforcement agencies in chapters in title 18, United States Code, is (v) in subparagraph (D), as redesignated, by remote locations. striking ‘‘subparagraph (B)’’ each place that amended by striking the item relating to (d) REPORT TO CONGRESS.—Not later than 6 chapter 75 and inserting the following: term appears and inserting ‘‘subparagraph months after the date of the enactment of (C)’’; and ‘‘75. Passport, visa, and immigration this Act, and annually thereafter, the Sec- fraud ...... 1541’’. (vi) in subparagraph (E), as redesignated, retary shall submit a report to Congress on by striking ‘‘subparagraph (B)’’ each place (b) PROTECTION FOR LEGITIMATE REFUGEES the participation of States in the Program that term appears and inserting ‘‘subpara- AND ASYLUM SEEKERS.—Section 208 (8 U.S.C. and in any other program authorized under graph (C)’’; and 1158) is amended by adding at the end the fol- subsection (a). (F) in paragraph (4), by striking ‘‘para- lowing: (e) AUTHORIZATION OF APPROPRIATIONS.— graph (1)’’ and inserting ‘‘paragraphs (1) and ‘‘(e) PROTECTION FOR LEGITIMATE REFUGEES There are authorized to be appropriated such (2)’’; AND ASYLUM SEEKERS.—The Attorney Gen- sums as may be necessary in each of the fis- (2) in subsection (b)(2), by striking ‘‘a pe- eral, in consultation with the Secretary of cal years 2007 through 2011 to carry out the riod exceeding 60 days’’ and inserting ‘‘any Homeland Security, shall develop binding Program. period in excess of 45 days’’; prosecution guidelines for federal prosecu- SEC. 211. ENCOURAGING ALIENS TO DEPART (3) by amending subsection (c) to read as tors to ensure that any prosecution of an VOLUNTARILY. follows: alien seeking entry into the United States (a) IN GENERAL.—Section 240B (8 U.S.C. by fraud is consistent with the written terms 1229c) is amended— ‘‘(c) CONDITIONS ON VOLUNTARY DEPAR- and limitations of Article 31(1) of the Con- (1) in subsection (a)— TURE.— vention Relating to the Status of Refugees, (A) by amending paragraph (1) to read as ‘‘(1) VOLUNTARY DEPARTURE AGREEMENT.— done at Geneva July 28, 1951 (as made appli- follows: Voluntary departure may only be granted as cable by the Protocol Relating to the Status ‘‘(1) INSTEAD OF REMOVAL PROCEEDINGS.—If part of an affirmative agreement by the of Refugees, done at New York January 31, an alien is not described in paragraph alien. A voluntary departure agreement 1967 (19 UST 6223)).’’. (2)(A)(iii) or (4) of section 237(a), the Sec- under subsection (b) shall include a waiver of

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the right to any further motion, appeal, ap- the alien of the penalties under this sub- (b) BAR ON DISCRETIONARY RELIEF.—Sec- plication, petition, or petition for review re- section. tion 274D (9 U.S.C. 324d) is amended— lating to removal or relief or protection ‘‘(3) REOPENING.—The alien shall be ineli- (1) in subsection (a), by striking ‘‘Commis- from removal. gible to reopen the final order of removal sioner’’ and inserting ‘‘Secretary of Home- ‘‘(2) CONCESSIONS BY THE SECRETARY.—In that took effect upon the alien’s failure to land Security’’; and connection with the alien’s agreement to de- depart, or upon the alien’s other violations (2) by adding at the end the following: part voluntarily under paragraph (1), the of the conditions for voluntary departure, ‘‘(c) INELIGIBILITY FOR RELIEF.— Secretary of Homeland Security may agree during the period described in paragraph (2). ‘‘(1) IN GENERAL.—Unless a timely motion to a reduction in the period of inadmis- This paragraph does not preclude a motion to reopen is granted under section 240(c)(6), sibility under subparagraph (A) or (B)(i) of to reopen to seek withholding of removal an alien described in subsection (a) shall be section 212(a)(9). under section 241(b)(3) or protection against ineligible for any discretionary relief from ‘‘(3) ADVISALS.—Agreements relating to torture, if the motion— removal (including cancellation of removal voluntary departure granted during removal ‘‘(A) presents material evidence of changed and adjustment of status) during the time proceedings under section 240, or at the con- country conditions arising after the date of the alien remains in the United States and clusion of such proceedings, shall be pre- the order granting voluntary departure in for a period of 10 years after the alien’s de- sented on the record before the immigration the country to which the alien would be re- parture from the United States. judge. The immigration judge shall advise moved; and ‘‘(2) SAVINGS PROVISION.—Nothing in para- the alien of the consequences of a voluntary ‘‘(B) makes a sufficient showing to the sat- graph (1) shall preclude a motion to reopen departure agreement before accepting such isfaction of the Attorney General that the to seek withholding of removal under section agreement. alien is otherwise eligible for such protec- 241(b)(3) or protection against torture, if the ‘‘(4) FAILURE TO COMPLY WITH AGREEMENT.— tion.’’; and motion— ‘‘(A) IN GENERAL.—If an alien agrees to vol- (5) by amending subsection (e) to read as ‘‘(A) presents material evidence of changed untary departure under this section and fails follows: country conditions arising after the date of to depart the United States within the time LIGIBILITY.— ‘‘(e) E the final order of removal in the country to allowed for voluntary departure or fails to ‘‘(1) PRIOR GRANT OF VOLUNTARY DEPAR- which the alien would be removed; and comply with any other terms of the agree- TURE.—An alien shall not be permitted to ‘‘(B) makes a sufficient showing to the sat- ment (including failure to timely post any voluntarily depart under this section if the isfaction of the Attorney General that the required bond), the alien is— Secretary of Homeland Security or the At- alien is otherwise eligible for such protec- ‘‘(i) ineligible for the benefits of the agree- torney General previously permitted the tion.’’. ment; alien to depart voluntarily. ‘‘(ii) subject to the penalties described in ‘‘(2) RULEMAKING.—The Secretary may pro- (c) EFFECTIVE DATES.—The amendments subsection (d); and mulgate regulations to limit eligibility or made by this section shall take effect on the ‘‘(iii) subject to an alternate order of re- impose additional conditions for voluntary date of the enactment of this Act with re- moval if voluntary departure was granted departure under subsection (a)(1) for any spect to aliens who are subject to a final under subsection (a)(2) or (b). class of aliens. The Secretary or Attorney order of removal entered on or after such ‘‘(B) EFFECT OF FILING TIMELY APPEAL.—If, General may by regulation limit eligibility date. after agreeing to voluntary departure, the or impose additional conditions for vol- SEC. 213. PROHIBITION OF THE SALE OF FIRE- alien files a timely appeal of the immigra- untary departure under subsections (a)(2) or ARMS TO, OR THE POSSESSION OF tion judge’s decision granting voluntary de- (b) of this section for any class or classes of FIREARMS BY CERTAIN ALIENS. parture, the alien may pursue the appeal in- aliens.’’; and Section 922 of title 18, United States Code, stead of the voluntary departure agreement. (6) in subsection (f), by adding at the end is amended— Such appeal operates to void the alien’s vol- the following: ‘‘Notwithstanding section (1) in subsection (d)(5)— untary departure agreement and the con- 242(a)(2)(D) of this Act, sections 1361, 1651, (A) in subparagraph (A), by striking ‘‘or’’ sequences of such agreement, but precludes and 2241 of title 28, United States Code, any at the end; the alien from another grant of voluntary other habeas corpus provision, and any other (B) in subparagraph (B), by striking departure while the alien remains in the provision of law (statutory or nonstatutory), ‘‘(y)(2)’’ and all that follows and inserting United States. no court shall have jurisdiction to affect, re- ‘‘(y), is in a nonimmigrant classification; ‘‘(5) VOLUNTARY DEPARTURE PERIOD NOT AF- instate, enjoin, delay, stay, or toll the period or’’; and FECTED.—Except as expressly agreed to by allowed for voluntary departure under this (C) by adding at the end the following: the Secretary in writing in the exercise of section.’’. ‘‘(C) has been paroled into the United the Secretary’s discretion before the expira- (b) RULEMAKING.—The Secretary shall pro- States under section 212(d)(5) of the Immi- tion of the period allowed for voluntary de- mulgate regulations to provide for the impo- gration and Nationality Act (8 U.S.C. parture, no motion, appeal, application, peti- sition and collection of penalties for failure 1182(d)(5));’’; tion, or petition for review shall affect, rein- to depart under section 240B(d) of the Immi- (2) in subsection (g)(5)— state, enjoin, delay, stay, or toll the alien’s gration and Nationality Act (8 U.S.C. (A) in subparagraph (A), by striking ‘‘or’’ obligation to depart from the United States 1229c(d)). at the end; during the period agreed to by the alien and (c) EFFECTIVE DATES.— (B) in subparagraph (B), by striking the Secretary.’’; (1) IN GENERAL.—Except as provided in ‘‘(y)(2)’’ and all that follows and inserting (4) by amending subsection (d) to read as paragraph (2), the amendments made by this ‘‘(y), is in a nonimmigrant classification; follows: section shall apply with respect to all orders ‘‘(d) PENALTIES FOR FAILURE TO DEPART.— granting voluntary departure under section or’’; and If an alien is permitted to voluntarily depart 240B of the Immigration and Nationality Act (C) by adding at the end the following: under this section and fails to voluntarily (8 U.S.C. 1229c) made on or after the date ‘‘(C) has been paroled into the United depart from the United States within the that is 180 days after the enactment of this States under section 212(d)(5) of the Immi- time period specified or otherwise violates Act. gration and Nationality Act (8 U.S.C. the terms of a voluntary departure agree- (2) EXCEPTION.—The amendment made by 1182(d)(5));’’; and ment, the alien will be subject to the fol- subsection (a)(6) shall take effect on the date (3) in subsection (y)— lowing penalties: of the enactment of this Act and shall apply (A) in the header, by striking ‘‘ADMITTED ‘‘(1) CIVIL PENALTY.—The alien shall be lia- with respect to any petition for review which UNDER NONIMMIGRANT VISAS’’ and in- ble for a civil penalty of $3,000. The order al- is filed on or after such date. serting ‘‘IN A NONIMMIGRANT CLASSI- lowing voluntary departure shall specify the SEC. 212. DETERRING ALIENS ORDERED RE- FICATION’’; amount of the penalty, which shall be ac- MOVED FROM REMAINING IN THE (B) in paragraph (1), by amending subpara- knowledged by the alien on the record. If the UNITED STATES UNLAWFULLY. graph (B) to read as follows: Secretary thereafter establishes that the (a) INADMISSIBLE ALIENS.—Section ‘‘(B) the term ‘nonimmigrant classifica- alien failed to depart voluntarily within the 212(a)(9)(A) (8 U.S.C. 1182(a)(9)(A)) is amend- tion’ includes all classes of nonimmigrant time allowed, no further procedure will be ed— aliens described in section 101(a)(15) of the necessary to establish the amount of the (1) in clause (i), by striking ‘‘seeks admis- Immigration and Nationality Act (8 U.S.C. penalty, and the Secretary may collect the sion within 5 years of the date of such re- 1101(a)(15)), or otherwise described in the im- civil penalty at any time thereafter and by moval (or within 20 years’’ and inserting migration laws (as defined in section whatever means provided by law. An alien ‘‘seeks admission not later than 5 years after 101(a)(17) of such Act).’’; will be ineligible for any benefits under this the date of the alien’s removal (or not later (C) in paragraph (2), by striking ‘‘has been chapter until this civil penalty is paid. than 20 years after the alien’s removal’’; and lawfully admitted to the United States under ‘‘(2) INELIGIBILITY FOR RELIEF.—The alien (2) in clause (ii), by striking ‘‘seeks admis- a nonimmigrant visa’’ and inserting ‘‘is in a shall be ineligible during the time the alien sion within 10 years of the date of such nonimmigrant classification’’; and remains in the United States and for a period alien’s departure or removal (or within 20 (D) in paragraph (3)(A), by striking ‘‘Any of 10 years after the alien’s departure for any years of’’ and inserting ‘‘seeks admission not individual who has been admitted to the further relief under this section and sections later than 10 years after the date of the United States under a nonimmigrant visa 240A, 245, 248, and 249. The order permitting alien’s departure or removal (or not later may receive a waiver from the requirements the alien to depart voluntarily shall inform than 20 years after’’. of subsection (g)(5)’’ and inserting ‘‘Any

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00070 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9929 alien in a nonimmigrant classification may other benefit under this Act shall be inves- described in paragraph (2) or (3) of subsection receive a waiver from the requirements of tigated and resolved before the Secretary or (a)) any such application, petition, status, or subsection (g)(5)(B)’’. the Attorney General may— benefit on such basis.’’. SEC. 214. UNIFORM STATUTE OF LIMITATIONS ‘‘(1) grant or order the grant of adjustment (b) CLERICAL AMENDMENT.—The table of FOR CERTAIN IMMIGRATION, NATU- of status of an alien to that of an alien law- contents is amended by inserting after the RALIZATION, AND PEONAGE OF- fully admitted for permanent residence; item relating to section 361 the following: FENSES. ‘‘(2) grant or order the grant of any other ‘‘Sec. 362. Construction’’. (a) IN GENERAL.—Section 3291 of title 18, status, relief, protection from removal, or SEC. 218. STATE CRIMINAL ALIEN ASSISTANCE United States Code, is amended to read as other benefit under the immigration laws; or PROGRAM. follows: ‘‘(3) issue any documentation evidencing or (a) REIMBURSEMENT FOR COSTS ASSOCIATED ‘‘§ 3291. Immigration, naturalization, and pe- related to such grant by the Secretary, the WITH PROCESSING CRIMINAL ILLEGAL onage offenses Attorney General, or any court.’’. ALIENS.—The Secretary shall reimburse ‘‘No person shall be prosecuted, tried, or (b) EFFECTIVE DATE.—The amendment States and units of local government for punished for a violation of any section of made by subsection (a)(1) shall take effect on costs associated with processing undocu- chapters 69 (relating to nationality and citi- the date that is 90 days after the date of the mented criminal aliens through the criminal zenship offenses), 75 (relating to passport, enactment of this Act. justice system, including— visa, and immigration offenses), or 77 (relat- (c) AUTHORIZATION OF APPROPRIATIONS.— (1) indigent defense; ing to peonage, slavery, and trafficking in There is authorized to be appropriated to the (2) criminal prosecution; persons), for an attempt or conspiracy to Director of the Federal Bureau of Investiga- (3) autopsies; violate any such section, for a violation of tions $3,125,000 for each of fiscal years 2007 (4) translators and interpreters; and any criminal provision under section 243, 266, through 2011 for improving the speed and ac- (5) courts costs. 274, 275, 276, 277, or 278 of the Immigration curacy of background and security checks (b) AUTHORIZATION OF APPROPRIATIONS.— and Nationality Act (8 U.S.C. 1253, 1306, 1324, conducted by the Federal Bureau of Inves- (1) PROCESSING CRIMINAL ILLEGAL ALIENS.— 1325, 1326, 1327, and 1328), or for an attempt or tigations on behalf of the Bureau of Citizen- There are authorized to be appropriated conspiracy to violate any such section, un- ship and Immigrations Services. $400,000,000 for each of the fiscal years 2007 less the indictment is returned or the infor- (d) REPORT ON BACKGROUND AND SECURITY through 2012 to carry out subsection (a). mation filed not later than 10 years after the CHECKS.— (2) COMPENSATION UPON REQUEST.—Section commission of the offense.’’. (1) IN GENERAL.—Not later than 180 days 241(i)(5) (8 U.S.C. 1231(i)) is amended to read (b) CLERICAL AMENDMENT.—The table of after the date of the enactment of this Act, as follows: sections for chapter 213 of title 18, United the Director of the Federal Bureau of Inves- ‘‘(5) There are authorized to be appro- States Code, is amended by striking the item tigations shall submit to the Committee on priated to carry this subsection— relating to section 3291 and inserting the fol- the Judiciary of the Senate and the Com- ‘‘(A) such sums as may be necessary for fis- lowing: mittee on the Judiciary of the House of Rep- cal year 2007; ‘‘3291. Immigration, naturalization, and pe- resentatives a report on the background and ‘‘(B) $750,000,000 for fiscal year 2008; onage offenses’’. security checks conducted by the Federal ‘‘(C) $850,000,000 for fiscal year 2009; and Bureau of Investigations on behalf of the Bu- SEC. 215. DIPLOMATIC SECURITY SERVICE. ‘‘(D) $950,000,000 for each of the fiscal years reau of Citizenship and Immigrations Serv- Section 2709(a)(1) of title 22, United States 2010 through 2012.’’. ices (c) TECHNICAL AMENDMENT.—Section 501 of Code, is amended to read as follows: (2) CONTENT.—The report required under the Immigration Reform and Control Act of ‘‘(1) conduct investigations concerning— paragraph (1) shall include— 1986 (8 U.S.C. 1365) is amended by striking ‘‘(A) illegal passport or visa issuance or (A) a description of the background and se- ‘‘Attorney General’’ each place it appears use; curity check program; and inserting ‘‘Secretary of Homeland Secu- ‘‘(B) identity theft or document fraud af- (B) a statistical breakdown of the back- rity’’. fecting or relating to the programs, func- ground and security check delays associated tions, and authorities of the Department of SEC. 219. TRANSPORTATION AND PROCESSING with different types of immigration applica- OF ILLEGAL ALIENS APPREHENDED State; tions; BY STATE AND LOCAL LAW EN- ‘‘(C) violations of chapter 77 of title 18, (C) a statistical breakdown of the back- FORCEMENT OFFICERS. United States Code; and ground and security check delays by appli- (a) IN GENERAL.—The Secretary shall pro- ‘‘(D) Federal offenses committed within cant country of origin; and vide sufficient transportation and officers to the special maritime and territorial jurisdic- (D) the steps the Federal Bureau of Inves- take illegal aliens apprehended by State and tion of the United States (as defined in sec- tigations is taking to expedite background local law enforcement officers into custody tion 7(9) of title 18, United States Code);’’. and security checks that have been pending for processing at a detention facility oper- SEC. 216. FIELD AGENT ALLOCATION AND BACK- for more than 60 days. ated by the Department. GROUND CHECKS. (b) AUTHORIZATION OF APPROPRIATIONS.— SEC. 217. CONSTRUCTION. (a) IN GENERAL.—Section 103 (8 U.S.C. 1103) There are authorized to be appropriated such (a) IN GENERAL.—Chapter 4 of title III (8 is amended— sums as may be necessary for each of fiscal U.S.C. 1501 et seq.) is amended by adding at (1) by amending subsection (f) to read as years 2007 through 2011 to carry out this sec- the end the following: follows: tion. ‘‘SEC. 362. CONSTRUCTION. ‘‘(f) MINIMUM NUMBER OF AGENTS IN SEC. 220. REDUCING ILLEGAL IMMIGRATION AND STATES.— ‘‘(a) IN GENERAL.—Nothing in this Act or ALIEN SMUGGLING ON TRIBAL ‘‘(1) IN GENERAL.—The Secretary of Home- in any other provision of law shall be con- LANDS. land Security shall allocate to each State— strued to require the Secretary of Homeland (a) GRANTS AUTHORIZED.—The Secretary ‘‘(A) not fewer than 40 full-time active Security, the Attorney General, the Sec- may award grants to Indian tribes with lands duty agents of the Bureau of Immigration retary of State, the Secretary of Labor, or adjacent to an international border of the and Customs Enforcement to— any other authorized head of any Federal United States that have been adversely af- ‘‘(i) investigate immigration violations; agency to grant any application, approve fected by illegal immigration. and any petition, or grant or continue any status (b) USE OF FUNDS.—Grants awarded under ‘‘(ii) ensure the departure of all removable or benefit under the immigration laws by, to, subsection (a) may be used for— aliens; and or on behalf of— (1) law enforcement activities; ‘‘(B) not fewer than 15 full-time active ‘‘(1) any alien described in subparagraph (2) health care services; duty agents of the Bureau of Citizenship and (A)(i), (A)(iii), (B), or (F) of section 212(a)(3) (3) environmental restoration; and Immigration Services to carry out immigra- or subparagraph (A)(i), (A)(iii), or (B) of sec- (4) the preservation of cultural resources. tion and naturalization adjudication func- tion 237(a)(4); (c) REPORT.—Not later than 180 days after tions. ‘‘(2) any alien with respect to whom a the date of the enactment of this Act, the ‘‘(2) WAIVER.—The Secretary may waive criminal or other investigation or case is Secretary shall submit a report to the Com- the application of paragraph (1) for any pending that is material to the alien’s inad- mittee on the Judiciary of the Senate and State with a population of less than 2,000,000, missibility, deportability, or eligibility for the Committee on the Judiciary of the House as most recently reported by the Bureau of the status or benefit sought; or of Representatives that— the Census’’; and ‘‘(3) any alien for whom all law enforce- (1) describes the level of access of Border (2) by adding at the end the following: ment checks, as deemed appropriate by such Patrol agents on tribal lands; ‘‘(i) Notwithstanding any other provision authorized official, have not been conducted (2) describes the extent to which enforce- of law, appropriate background and security and resolved. ment of immigration laws may be improved checks, as determined by the Secretary of ‘‘(b) DENIAL; WITHHOLDING.—An official de- by enhanced access to tribal lands; Homeland Security, shall be completed and scribed in subsection (a) may deny or with- (3) contains a strategy for improving such assessed and any suspected or alleged fraud hold (with respect to an alien described in access through cooperation with tribal au- relating to the granting of any status (in- subsection (a)(1)) or withhold pending resolu- thorities; and cluding the granting of adjustment of sta- tion of the investigation, case, or law en- (4) identifies grants provided by the De- tus), relief, protection from removal, or forcement checks (with respect to an alien partment for Indian tribes, either directly or

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00071 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9930 CONGRESSIONAL RECORD — SENATE September 21, 2006 through State or local grants, relating to under this section during the time the alien the Secretary of Homeland Security of the border security expenses. remains in detention, but shall be required alien’s current address in accordance with (d) AUTHORIZATION OF APPROPRIATIONS.— to notify the Secretary of the alien’s address section 265 shall be fined under title 18, There are authorized to be appropriated such under this section at the time of the alien’s United States Code, imprisoned for not more sums as may be necessary for each of the fis- release from detention. than 6 months, or both. cal years 2007 through 2011 to carry out this ‘‘(e) USE OF MOST RECENT ADDRESS PRO- ‘‘(2) EFFECT ON IMMIGRATION STATUS.—Any section. VIDED BY THE ALIEN.— alien who violates section 265 (regardless of SEC. 221. ALTERNATIVES TO DETENTION. ‘‘(1) IN GENERAL.—Notwithstanding any whether the alien is punished under para- The Secretary shall conduct a study of— other provision of law, the Secretary may graph (1)) and does not establish to the satis- (1) the effectiveness of alternatives to de- provide for the appropriate coordination and faction of the Secretary that such failure tention, including electronic monitoring de- cross referencing of address information pro- was reasonably excusable or was not willful vices and intensive supervision programs, in vided by an alien under this section with shall be taken into custody in connection ensuring alien appearance at court and com- other information relating to the alien’s ad- with removal of the alien. If the alien has pliance with removal orders; dress under other Federal programs, includ- not been inspected or admitted, or if the (2) the effectiveness of the Intensive Super- ing— alien has failed on more than 1 occasion to vision Appearance Program and the costs ‘‘(A) any information pertaining to the submit notice of the alien’s current address and benefits of expanding that program to alien, which is submitted in any application, as required under section 265, the alien may all States; and petition, or motion filed under this Act with be presumed to be a flight risk. The Sec- (3) other alternatives to detention, includ- the Secretary of Homeland Security, the retary or the Attorney General, in consid- ing— Secretary of State, or the Secretary of ering any form of relief from removal which (A) release on an order of recognizance; Labor; may be granted in the discretion of the Sec- (B) appearance bonds; and ‘‘(B) any information available to the At- retary or the Attorney General, may take (C) electronic monitoring devices. torney General with respect to an alien in a into consideration the alien’s failure to com- proceeding before an immigration judge or SEC. 222. CONFORMING AMENDMENT. ply with section 265 as a separate negative an administrative appeal or judicial review Section 101(a)(43)(P) (8 U.S.C. 1101(a)(43)(P)) factor. If the alien failed to comply with the of such proceeding; is amended— requirements of section 265 after becoming ‘‘(C) any information collected with re- (1) by striking ‘‘(i) which either is falsely subject to a final order of removal, deporta- spect to nonimmigrant foreign students or making, forging, counterfeiting, mutilating, tion, or exclusion, the alien’s failure shall be exchange program participants under section or altering a passport or instrument in viola- considered as a strongly negative factor with 641 of the Illegal Immigration Reform and tion of section 1543 of title 18, United States respect to any discretionary motion for re- Immigrant Responsibility Act of 1996 (8 Code, or is described in section 1546(a) of opening or reconsideration filed by the U.S.C. 1372); and such title (relating to document fraud) and alien.’’; ‘‘(D) any information collected from State (ii)’’ and inserting ‘‘which is described in (2) in subsection (c), by inserting ‘‘or a no- or local correctional agencies pursuant to chapter 75 of title 18, United States Code, tice of current address’’ before ‘‘containing the State Criminal Alien Assistance Pro- and’’; and statements’’; and gram. (2) by inserting the following: ‘‘that is not (3) in subsections (c) and (d), by striking ‘‘(2) RELIANCE.—The Secretary may rely on described in section 1548 of such title (relat- ‘‘Attorney General’’ each place it appears the most recent address provided by the ing to increased penalties), and’’ after ‘‘first and inserting ‘‘Secretary’’. alien under this section or section 264 to offense’’. (d) EFFECTIVE DATES.— send to the alien any notice, form, docu- SEC. 223. REPORTING REQUIREMENTS. (1) IN GENERAL.—Except as provided in ment, or other matter pertaining to Federal paragraph (2), the amendments made by this (a) CLARIFYING ADDRESS REPORTING RE- immigration laws, including service of a no- QUIREMENTS.—Section 265 (8 U.S.C. 1305) is section shall apply to proceedings initiated tice to appear. The Attorney General and the on or after the date of the enactment of this amended— Secretary may rely on the most recent ad- (1) in subsection (a)— Act. dress provided by the alien under section (2) CONFORMING AND TECHNICAL AMEND- (A) by striking ‘‘notify the Attorney Gen- 239(a)(1)(F) to contact the alien about pend- eral in writing’’ and inserting ‘‘submit writ- MENTS.—The amendments made by para- ing removal proceedings. graphs (1)(A), (1)(B), (2) and (3) of subsection ten or electronic notification to the Sec- ‘‘(3) OBLIGATION.—The alien’s provision of retary of Homeland Security, in a manner (a) are effective as if enacted on March 1, an address for any other purpose under the 2003. approved by the Secretary,’’; Federal immigration laws does not excuse (B) by striking ‘‘the Attorney General may SEC. 224. STATE AND LOCAL ENFORCEMENT OF the alien’s obligation to submit timely no- FEDERAL IMMIGRATION LAWS. require by regulation’’ and inserting ‘‘the tice of the alien’s address to the Secretary Secretary may require’’; and (a) IN GENERAL.—Section 287(g) (8 U.S.C. under this section (or to the Attorney Gen- 1357(g)) is amended— (C) by adding at the end the following: ‘‘If eral under section 239(a)(1)(F) with respect to the alien is involved in proceedings before an (1) in paragraph (2), by adding at the end an alien in a proceeding before an immigra- the following: ‘‘If such training is provided immigration judge or in an administrative tion judge or an administrative appeal of appeal of such proceedings, the alien shall by a State or political subdivision of a State such proceeding).’’. to an officer or employee of such State or po- submit to the Attorney General the alien’s (b) CONFORMING CHANGES WITH RESPECT TO litical subdivision of a State, the cost of current address and a telephone number, if REGISTRATION REQUIREMENTS.—Chapter 7 of such training (including applicable overtime any, at which the alien may be contacted.’’; title II (8 U.S.C. 1301 et seq.) is amended— costs) shall be reimbursed by the Secretary (2) in subsection (b), by striking ‘‘Attorney (1) in section 262(c), by striking ‘‘Attorney of Homeland Security.’’; and General’’ each place such term appears and General’’ and inserting ‘‘Secretary of Home- (2) in paragraph (4), by adding at the end inserting ‘‘Secretary of Homeland Security’’; land Security’’; the following: ‘‘The cost of any equipment (3) in subsection (c), by striking ‘‘given to (2) in section 263(a), by striking ‘‘Attorney required to be purchased under such written such parent’’ and inserting ‘‘given by such General’’ and inserting ‘‘Secretary of Home- agreement and necessary to perform the parent’’; and land Security’’; and functions under this subsection shall be re- (4) by adding at the end the following: (3) in section 264— imbursed by the Secretary of Homeland Se- ‘‘(d) ADDRESS TO BE PROVIDED.— (A) in subsections (a), (b), (c), and (d), by curity.’’. ‘‘(1) IN GENERAL.—Except as otherwise pro- striking ‘‘Attorney General’’ each place it (b) AUTHORIZATION OF APPROPRIATIONS.— vided by the Secretary under paragraph (2), appears and inserting ‘‘Secretary of Home- There are authorized to be appropriated to an address provided by an alien under this land Security’’; and the Secretary such sums as may be nec- section shall be the alien’s current residen- (B) in subsection (f)— essary to carry out this section and the tial mailing address, and shall not be a post (i) by striking ‘‘Attorney General is au- amendments made by this section. office box or other non-residential mailing thorized’’ and inserting ‘‘Secretary of Home- address or the address of an attorney, rep- land Security and Attorney General are au- SEC. 225. REMOVAL OF DRUNK DRIVERS. resentative, labor organization, or employer. thorized’’; and (a) IN GENERAL.—Section 101(a)(43)(F) (8 ‘‘(2) SPECIFIC REQUIREMENTS.—The Sec- (ii) by striking ‘‘Attorney General or the U.S.C. 1101(a)(43)(F)) is amended by inserting retary may provide specific requirements Service’’ and inserting ‘‘Secretary or the At- ‘‘, including a third drunk driving convic- with respect to— torney General’’. tion, regardless of the States in which the ‘‘(A) designated classes of aliens and spe- (c) PENALTIES.—Section 266 (8 U.S.C. 1306) convictions occurred or whether the offenses cial circumstances, including aliens who are is amended— are classified as misdemeanors or felonies employed at a remote location; and (1) by amending subsection (b) to read as under State law,’’ after ‘‘offense)’’. ‘‘(B) the reporting of address information follows: (b) EFFECTIVE DATE.—The amendment by aliens who are incarcerated in a Federal, ‘‘(b) FAILURE TO PROVIDE NOTICE OF made by subsection (a) shall— State, or local correctional facility. ALIEN’S CURRENT ADDRESS.— (1) take effect on the date of the enactment ‘‘(3) DETENTION.—An alien who is being de- ‘‘(1) CRIMINAL PENALTIES.—Any alien or of this Act; and tained by the Secretary under this Act is not any parent or legal guardian in the United (2) apply to convictions entered on or after required to report the alien’s current address States of any minor alien who fails to notify such date.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00072 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9931 SEC. 226. MEDICAL SERVICES IN UNDERSERVED ‘‘(vii) Clause (i) shall not apply to a citizen ‘‘(II) the illegal alien is apprehended, if no AREAS. of the United States who has been convicted State charging or dismissal process is re- Section 220(c) of the Immigration and Na- of an offense described in subparagraph (A), quired; or tionality Technical Corrections Act of 1994 (8 (I), or (K) of section 101(a)(43), unless the ‘‘(ii) request that the relevant State or U.S.C. 1182 note) is amended by striking Secretary of Homeland Security, in the Sec- local law enforcement agency temporarily ‘‘and before June 1, 2006.’’. retary’s sole and unreviewable discretion, de- detain or transport the alien to a location SEC. 227. EXPEDITED REMOVAL. termines that the citizen poses no risk to the for transfer to Federal custody; and (a) IN GENERAL.—Section 238 (8 U.S.C. 1228) alien with respect to whom a petition de- ‘‘(2) shall designate at least 1 Federal, is amended— scribed in clause (i) is filed.’’; and State, or local prison or jail or a private con- (1) by striking the section heading and in- (3) in subparagraph (B)(i)— tracted prison or detention facility within serting ‘‘expedited removal of criminal aliens’’; (A) by striking ‘‘Any alien’’ and inserting each State as the central facility for that (2) in subsection (a), by striking the sub- the following: ‘‘(I) Except as provided in sub- State to transfer custody of aliens to the De- section heading and inserting: ‘‘EXPEDITED clause (II), any alien’’; and partment of Homeland Security. REMOVAL FROM CORRECTIONAL FACILITIES.— (B) by adding at the end the following: ‘‘(d) REIMBURSEMENT.— ’’; ‘‘(II) Subclause (I) shall not apply in the ‘‘(1) IN GENERAL.—The Secretary of Home- (3) in subsection (b), by striking the sub- case of an alien admitted for permanent resi- land Security shall reimburse a State, or a section heading and inserting: ‘‘REMOVAL OF dence who has been convicted of an offense political subdivision of a State, for expenses, CRIMINAL ALIENS.—’’; described in subparagraph (A), (I), or (K) of as verified by the Secretary, incurred by the (4) in subsection (b), by striking para- section 101(a)(43), unless the Secretary of State or political subdivision in the deten- graphs (1) and (2) and inserting the following: Homeland Security, in the Secretary’s sole tion and transportation of an alien as de- ‘‘(1) IN GENERAL.—The Secretary of Home- and unreviewable discretion, determines that scribed in subparagraphs (A) and (B) of sub- land Security may, in the case of an alien de- the alien lawfully admitted for permanent section (c)(1). scribed in paragraph (2), determine the de- residence poses no risk to the alien with re- ‘‘(2) COST COMPUTATION.—Compensation spect to whom a petition described in sub- portability of such alien and issue an order provided for costs incurred under subpara- clause (I) is filed.’’. of removal pursuant to the procedures set graphs (A) and (B) of subsection (c)(1) shall forth in this subsection or section 240. (b) NONIMMIGRANTS.—Section 101(a)(15)(K) (8 U.S.C. 1101(a)(15)(K)), is amended by in- be— ‘‘(2) ALIENS DESCRIBED.—An alien is de- ‘‘(A) the product of— scribed in this paragraph if the alien— serting ‘‘(other than a citizen described in section 204(a)(1)(A)(vii))’’ after ‘‘citizen of ‘‘(i) the average daily cost of incarceration ‘‘(A) has not been lawfully admitted to the of a prisoner in the relevant State, as deter- United States for permanent residence; and the United States’’ each place that phrase appears. mined by the chief executive officer of a ‘‘(B) was convicted of any criminal offense State (or, as appropriate, a political subdivi- described in subparagraph (A)(iii), (C), or (D) SEC. 229. LAW ENFORCEMENT AUTHORITY OF STATES AND POLITICAL SUBDIVI- sion of the State); multiplied by of section 237(a)(2).’’; ‘‘(ii) the number of days that the alien was (5) in the subsection (c) that relates to pre- SIONS AND TRANSFER TO FEDERAL CUSTODY. in the custody of the State or political sub- sumption of deportability, by striking ‘‘con- (a) IN GENERAL.—Title II (8 U.S.C. 1151 et. division; plus victed of an aggravated felony’’ and insert- seq.) is amended by adding after section 240C ‘‘(B) the cost of transporting the alien ing ‘‘described in subsection (b)(2)’’; the following new section: from the point of apprehension or arrest to (6) by redesignating the subsection (c) that ‘‘SEC. 240D. LAW ENFORCEMENT AUTHORITY OF the location of detention, and if the location relates to judicial removal as subsection (d); STATES AND POLITICAL SUBDIVI- of detention and of custody transfer are dif- and SIONS AND TRANSFER OF ALIENS TO ferent, to the custody transfer point; plus (7) in subsection (d)(5) (as so redesignated), FEDERAL CUSTODY. ‘‘(C) the cost of uncompensated emergency by striking ‘‘, who is deportable under this ‘‘(a) AUTHORITY.—Notwithstanding any medical care provided to a detained alien Act,’’. other provision of law, law enforcement per- during the period between the time of trans- (b) APPLICATION TO CERTAIN ALIENS.— sonnel of a State, or a political subdivision mittal of the request described in subsection (1) IN GENERAL.—Section 235(b)(1)(A)(iii) (8 of a State, have the inherent authority of a (c) and the time of transfer into Federal cus- U.S.C. 1225(b)(1)(A)(iii)) is amended— sovereign entity to investigate, apprehend, tody. (A) in subclause (I), by striking ‘‘Attorney arrest, detain, or transfer to Federal custody ‘‘(e) REQUIREMENT FOR APPROPRIATE SECU- General’’ and inserting ‘‘Secretary of Home- (including the transportation across State RITY.—The Secretary of Homeland Security land Security’’ each place it appears; and lines to detention centers) an alien for the shall ensure that— (B) by adding at the end the following new purpose of assisting in the enforcement of ‘‘(1) aliens incarcerated in a Federal facil- subclause: the criminal provisions of the immigration ity pursuant to this section are held in fa- ‘‘(III) EXCEPTION.—Notwithstanding sub- laws of the United States in the normal cilities which provide an appropriate level of clauses (I) and (II), the Secretary of Home- course of carrying out the law enforcement security; and land Security shall apply clauses (i) and (ii) duties of such personnel. This State author- ‘‘(2) if practicable, aliens detained solely of this subparagraph to any alien (other than ity has never been displaced or preempted by for civil violations of Federal immigration an alien described in subparagraph (F)) who a Federal law. law are separated within a facility or facili- is not a national of a country contiguous to ‘‘(b) CONSTRUCTION.—Nothing in this sec- the United States, who has not been admit- tion shall be construed to require law en- ties. ted or paroled into the United States, and forcement personnel of a State or a political ‘‘(f) REQUIREMENT FOR SCHEDULE.—In car- who is apprehended within 100 miles of an subdivision to assist in the enforcement of rying out this section, the Secretary of international land border of the United the immigration laws of the United States. Homeland Security shall establish a regular States and within 14 days of entry.’’. ‘‘(c) TRANSFER.—If the head of a law en- circuit and schedule for the prompt transpor- (2) EXCEPTIONS.—Section 235(b)(1)(F) of the forcement entity of a State (or, if appro- tation of apprehended aliens from the cus- Immigration and Nationality Act (8 U.S.C. priate, a political subdivision of the State) tody of those States, and political subdivi- 1225(b)(1)(F)) is amended— exercising authority with respect to the ap- sions of States, which routinely submit re- (A) by striking ‘‘and who arrives by air- prehension or arrest of an alien submits a re- quests described in subsection (c), into Fed- craft at a port of entry’’ and inserting ‘‘and— quest to the Secretary of Homeland Security eral custody. ’’; and that the alien be taken into Federal custody, ‘‘(g) AUTHORITY FOR CONTRACTS.— (B) by adding at the end the following: the Secretary of Homeland Security— ‘‘(1) IN GENERAL.—The Secretary of Home- ‘‘(i) who arrives by aircraft at a port of ‘‘(1) shall— land Security may enter into contracts or entry; or ‘‘(A) deem the request to include the in- cooperative agreements with appropriate ‘‘(ii) who is present in the United States quiry to verify immigration status described State and local law enforcement and deten- and arrived in any manner at or between a in section 642(c) of the Illegal Immigration tion agencies to implement this section. port of entry.’’. Reform and Immigrant Responsibility Act of ‘‘(2) DETERMINATION BY SECRETARY.—Prior (c) EFFECTIVE DATE.—The amendments 1996 (8 U.S.C. 1373(c)), and expeditiously in- to entering into a contract or cooperative made by this section shall take effect on the form the requesting entity whether such in- agreement with a State or political subdivi- date of the enactment of this Act and shall dividual is an alien lawfully admitted to the sion of a State under paragraph (1), the Sec- apply to all aliens apprehended or convicted United States or is otherwise lawfully retary shall determine whether the State, or on or after such date. present in the United States; and if appropriate, the political subdivision in SEC. 228. PROTECTING IMMIGRANTS FROM CON- ‘‘(B) if the individual is an alien who is not which the agencies are located, has in place VICTED SEX OFFENDERS. lawfully admitted to the United States or any formal or informal policy that violates (a) IMMIGRANTS.—Section 204(a)(1) (8 U.S.C. otherwise is not lawfully present in the section 642 of the Illegal Immigration Re- 1154(a)(1)), is amended— United States— form and Immigrant Responsibility Act of (1) in subparagraph (A)(i), by striking ‘‘(i) take the illegal alien into the custody 1996 (8 U.S.C. 1373). The Secretary shall not ‘‘Any’’ and inserting ‘‘Except as provided in of the Federal Government not later than 72 allocate any of the funds made available clause (vii), any’’; hours after— under this section to any State or political (2) in subparagraph (A), by inserting after ‘‘(I) the conclusion of the State charging subdivision that has in place a policy that clause (vi) the following: process or dismissal process; or violates such section.’’.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00073 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9932 CONGRESSIONAL RECORD — SENATE September 21, 2006

(b) AUTHORIZATION OF APPROPRIATIONS FOR (1) in paragraph (3), by striking ‘‘and’’ at needed to detain unlawful aliens appre- THE DETENTION AND TRANSPORTATION TO FED- the end; hended at the United States ports of entry or ERAL CUSTODY OF ALIENS NOT LAWFULLY (2) by redesignating paragraph (4) as para- along the international land borders of the PRESENT.—There are authorized to be appro- graph (5); and United States. priated $850,000,000 for fiscal year 2007 and (3) by inserting after paragraph (3) the fol- (d) TECHNICAL AND CONFORMING AMEND- each subsequent fiscal year for the detention lowing new paragraph: MENT.—Section 241(g)(1) (8 U.S.C. 1231(g)(1)) and removal of aliens not lawfully present in ‘‘(4) acquire, collect, classify, and preserve is amended by striking ‘‘may expend’’ and the United States under the Immigration records of violations of the immigration laws inserting ‘‘shall expend’’. and Nationality Act (8 U.S.C. 1101 et. seq.). of the United States; and’’. (e) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated such SEC. 232. COOPERATIVE ENFORCEMENT PRO- SEC. 230. LAUNDERING OF MONETARY INSTRU- sums as may be necessary to carry out this MENTS. GRAMS. section. Section 1956(c)(7)(D) of title 18, United Not later than 2 years after the date of the SEC. 234. DETERMINATION OF IMMIGRATION STA- States Code, is amended— enactment of this Act, the Secretary shall negotiate and execute, where practicable, a TUS OF INDIVIDUALS CHARGED (1) by inserting ‘‘section 1590 (relating to WITH FEDERAL OFFENSES. cooperative enforcement agreement de- trafficking with respect to peonage, slavery, (a) RESPONSIBILITY OF UNITED STATES AT- scribed in section 287(g) of the Immigration involuntary servitude, or forced labor),’’ TORNEYS.—Beginning not later than 2 years after ‘‘section 1363 (relating to destruction of and Nationality Act (8 U.S.C. 1357(g)) with at after the date of the enactment of this Act, property within the special maritime and least 1 law enforcement agency in each the office of the United States Attorney that territorial jurisdiction),’’; and State, to train law enforcement officers in is prosecuting a criminal case in a Federal (2) by inserting ‘‘section 274(a) of the Im- the detection and apprehension of individ- court— migration and Nationality Act (8 uals engaged in transporting, harboring, (1) shall determine, not later than 30 days U.S.C.1324(a)) (relating to bringing in and sheltering, or encouraging aliens in violation after filing the initial pleadings in the case, harboring certain aliens),’’ after ‘‘section 590 of section 274 of such Act (8 U.S.C. 1324). whether each defendant in the case is law- of the Tariff Act of 1930 (19 U.S.C. 1590) (re- SEC. 233. INCREASE OF FEDERAL DETENTION fully present in the United States (subject to lating to aviation smuggling),’’. SPACE AND THE UTILIZATION OF FA- subsequent legal proceedings to determine CILITIES IDENTIFIED FOR CLO- otherwise); SEC. 231. LISTING OF IMMIGRATION VIOLATORS SURES AS A RESULT OF THE DE- IN THE NATIONAL CRIME INFORMA- FENSE BASE CLOSURE REALIGN- (2)(A) if the defendant is determined to be TION CENTER DATABASE. MENT ACT OF 1990. an alien lawfully present in the United (a) PROVISION OF INFORMATION TO THE NA- (a) CONSTRUCTION OR ACQUISITION OF DE- States, shall notify the court in writing of TIONAL CRIME INFORMATION CENTER.— TENTION FACILITIES.— the determination and the current status of (1) IN GENERAL.—Except as provided in (1) IN GENERAL.—The Secretary shall con- the alien under the Immigration and Nation- paragraph (3), not later than 180 days after struct or acquire, in addition to existing fa- ality Act (8 U.S.C. 1101 et seq.); and the date of the enactment of this Act, the cilities for the detention of aliens, at least 20 (B) if the defendant is determined not to be Secretary shall provide to the head of the detention facilities in the United States that lawfully present in the United States, shall National Crime Information Center of the have the capacity to detain a combined total notify the court in writing of the determina- Department of Justice the information that of not less than 20,000 individuals at any tion, the defendant’s alien status, and, to the the Secretary has or maintains related to time for aliens detained pending removal or extent possible, the country of origin or any alien— a decision on removal of such aliens from the legal residence of the defendant; and (A) against whom a final order of removal United States subject to available appropria- (3) ensure that the information described has been issued; tions. in paragraph (2) is included in the case file (B) who enters into a voluntary departure (b) CONSTRUCTION OF OR ACQUISITION OF DE- and the criminal records system of the office agreement, or is granted voluntary depar- TENTION FACILITIES.— of the United States attorney. ture by an immigration judge, whose period (1) REQUIREMENT TO CONSTRUCT OR AC- (b) GUIDELINES.—A determination made under subsection (a)(1) shall be made in ac- for departure has expired under subsection QUIRE.—The Secretary shall construct or ac- (a)(3) of section 240B of the Immigration and quire additional detention facilities in the cordance with guidelines of the Executive Nationality Act (8 U.S.C. 1229c) (as amended United States to accommodate the detention Office for Immigration Review of the Depart- ment of Justice. by section 211(a)(1)(C)), subsection (b)(2) of beds required by section 5204(a) of the Intel- (c) RESPONSIBILITIES OF FEDERAL COURTS.— such section 240B, or who has violated a con- ligence Reform and Terrorism Protection (1) MODIFICATIONS OF RECORDS AND CASE dition of a voluntary departure agreement Act of 2004, as amended by subsection (a), MANAGEMENTS SYSTEMS.—Not later than 2 under such section 240B; subject to available appropriations. years after the date of the enactment of this (C) whom a Federal immigration officer (2) USE OF ALTERNATE DETENTION FACILI- Act, all Federal courts that hear criminal has confirmed to be unlawfully present in TIES.—Subject to the availability of appro- cases, or appeals of criminal cases, shall the United States; and priations, the Secretary shall fully utilize all modify their criminal records and case man- (D) whose visa has been revoked. possible options to cost effectively increase agement systems, in accordance with guide- (2) REMOVAL OF INFORMATION.—The head of available detention capacities, and shall uti- lines which the Director of the Administra- the National Crime Information Center lize detention facilities that are owned and tive Office of the United States Courts shall should promptly remove any information operated by the Federal Government if the establish, so as to enable accurate reporting provided by the Secretary under paragraph use of such facilities is cost effective. of information described in subsection (a)(2). (1) related to an alien who is granted lawful (3) USE OF INSTALLATIONS UNDER BASE CLO- (2) DATA ENTRIES.—Beginning not later authority to enter or remain legally in the SURE LAWS.—In acquiring additional deten- than 2 years after the date of the enactment United States. tion facilities under this subsection, the Sec- of this Act, each Federal court described in (3) PROCEDURE FOR REMOVAL OF ERRONEOUS retary shall consider the transfer of appro- paragraph (1) shall enter into its electronic INFORMATION.—The Secretary, in consulta- priate portions of military installations ap- records the information contained in each tion with the head of the National Crime In- proved for closure or realignment under the notification to the court under subsection formation Center of the Department of Jus- Defense Base Closure and Realignment Act (a)(2). tice, shall develop and implement a proce- of 1990 (part A of title XXIX of Public Law (d) CONSTRUCTION.—Nothing in this section dure by which an alien may petition the Sec- 101–510; 10 U.S.C. 2687 note) for use in accord- may be construed to provide a basis for ad- retary or head of the National Crime Infor- ance with subsection (a). mitting evidence to a jury or releasing infor- mation Center, as appropriate, to remove (4) DETERMINATION OF LOCATION.—The loca- mation to the public regarding an alien’s im- any erroneous information provided by the tion of any detention facility constructed or migration status. Secretary under paragraph (1) related to acquired in accordance with this subsection (e) ANNUAL REPORT TO CONGRESS.—The Di- such alien. Under such procedures, failure by shall be determined, with the concurrence of rector of the Administrative Office of the the alien to receive notice of a violation of the Secretary, by the senior officer respon- United States Courts shall include, in the the immigration laws shall not constitute sible for Detention and Removal Operations annual report filed with Congress under sec- cause for removing information provided by in the Department. The detention facilities tion 604 of title 28, United States Code— the Secretary under paragraph (1) related to shall be located so as to enable the officers (1) statistical information on criminal such alien, unless such information is erro- and employees of the Department to increase trials of aliens in the courts and criminal neous. Notwithstanding the 180-day time pe- to the maximum extent practicable the an- convictions of aliens in the lower courts and riod set forth in paragraph (1), the Secretary nual rate and level of removals of illegal upheld on appeal, including the type of crime shall not provide the information required aliens from the United States. in each case and including information on under paragraph (1) until the procedures re- (c) ANNUAL REPORT TO CONGRESS.—Not the legal status of the aliens; and quired by this paragraph are developed and later than 1 year after the date of the enact- (2) recommendations on whether addi- implemented. ment of this Act, and annually thereafter, in tional court resources are needed to accom- (b) INCLUSION OF INFORMATION IN THE NA- consultation with the heads of other appro- modate the volume of criminal cases brought TIONAL CRIME INFORMATION CENTER DATA- priate Federal agencies, the Secretary shall against aliens in the Federal courts. BASE.—Section 534(a) of title 28, United submit to Congress an assessment of the ad- (f) AUTHORIZATION OF APPROPRIATIONS.— States Code, is amended— ditional detention facilities and bed space There are authorized to be appropriated for

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00074 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9933 each of fiscal years 2007 through 2011, such tion obtained under subparagraphs (B) and any other document or as requiring the indi- sums as may be necessary to carry out this (C) to identify employers who use a contract, vidual to produce any other document. Act. Funds appropriated pursuant to this subcontract, or exchange to obtain the labor ‘‘(B) IDENTIFICATION DOCUMENTS.—A docu- subsection in any fiscal year shall remain of an alien from another person, where such ment described in this subparagraph is— available until expended. person hiring such alien fails to comply with ‘‘(i) in the case of an individual who is a SEC. 235. EXPANSION OF THE JUSTICE PRISONER the requirements of subsections (c) and (d). national of the United States— AND ALIEN TRANSFER SYSTEM. ‘‘(4) DEFENSE.— ‘‘(I) a United States passport; or Not later than 60 days after the date of en- ‘‘(A) IN GENERAL.—Subject to subparagraph ‘‘(II) a driver’s license or identity card actment of this Act, the Attorney General (B), an employer that establishes that the issued by a State, the Commonwealth of the shall issue a directive to expand the Justice employer has complied in good faith with the Northern Mariana Islands, or an outlying Prisoner and Alien Transfer System (JPATS) requirements of subsections (c) and (d) has possession of the United States that satisfies so that such System provides additional established an affirmative defense that the the requirements of division B of Public Law services with respect to aliens who are ille- employer has not violated paragraph (1)(A) 109–13 (119 Stat. 302); gally present in the United States. Such ex- with respect to such hiring, recruiting, or re- ‘‘(ii) in the case of an alien lawfully admit- pansion should include— ferral. ted for permanent residence in the United (1) increasing the daily operations of such ‘‘(B) EXCEPTION.—Until the date that an States, a permanent resident card, as speci- System with buses and air hubs in 3 geo- employer is required to participate in the graphic regions; fied by the Secretary; Electronic Employment Verification System ‘‘(iii) in the case of an alien who is author- (2) allocating a set number of seats for under subsection (d) or is participating in such aliens for each metropolitan area; ized under this Act or by the Secretary to be such System on a voluntary basis, the em- employed in the United States, an employ- (3) allowing metropolitan areas to trade or ployer may establish an affirmative defense give some of seats allocated to them under ment authorization card, as specified by the under subparagraph (A) by complying with the System for such aliens to other areas in Secretary that— the requirements of subsection (c). their region based on the transportation ‘‘(I) contains a photograph of the indi- needs of each area; and ‘‘(b) ORDER OF INTERNAL REVIEW AND CER- vidual or other identifying information, in- (4) requiring an annual report that ana- TIFICATION OF COMPLIANCE.— cluding name, date of birth, gender, and ad- lyzes of the number of seats that each metro- ‘‘(1) AUTHORITY TO REQUIRE CERTIFI- dress; and politan area is allocated under this System CATION.—If the Secretary has reasonable ‘‘(II) contains security features to make for such aliens and modifies such allocation cause to believe that an employer has failed the document resistant to tampering, coun- if necessary. to comply with this section, the Secretary is terfeiting, and fraudulent use; authorized, at any time, to require that the TITLE III—UNLAWFUL EMPLOYMENT OF ‘‘(iv) in the case of an individual who is un- employer certify that the employer is in ALIENS able to obtain a document described in compliance with this section, or has insti- clause (i), (ii), or (iii), a document designated SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS. tuted a program to come into compliance. by the Secretary that— (a) IN GENERAL.—Section 274A (8 U.S.C. ‘‘(2) CONTENT OF CERTIFICATION.—Not later ‘‘(I) contains a photograph of the indi- 1324a) is amended to read as follows: than 60 days after the date an employer re- vidual or other identifying information, in- ‘‘SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS. ceives a request for a certification under cluding name, date of birth, gender, and ad- ‘‘(a) MAKING EMPLOYMENT OF UNAUTHOR- paragraph (1) the employer shall certify dress; and IZED ALIENS UNLAWFUL.— under penalty of perjury that— ‘‘(II) contains security features to make ‘‘(1) IN GENERAL.—It is unlawful for an em- ‘‘(A) the employer is in compliance with the document resistant to tampering, coun- ployer— the requirements of subsections (c) and (d); terfeiting, and fraudulent use; or ‘‘(A) to hire, or to recruit or refer for a fee, or ‘‘(v) until the date that an employer is re- an alien for employment in the United ‘‘(B) that the employer has instituted a quired to participate in the Electronic Em- States knowing, or with reckless disregard, program to come into compliance with such that the alien is an unauthorized alien with ployment Verification System under sub- requirements. respect to such employment; or section (d) or is participating in such System ‘‘(3) EXTENSION.—The 60-day period referred ‘‘(B) to hire, or to recruit or refer for a fee, on a voluntary basis, a document, or a com- to in paragraph (2), may be extended by the for employment in the United States an indi- bination of documents, of such type that, as Secretary for good cause, at the request of vidual unless such employer meets the re- of the date of the enactment of the Com- the employer. quirements of subsections (c) and (d). prehensive Immigration Reform Act of 2006, ‘‘(4) PUBLICATION.—The Secretary is au- ‘‘(2) CONTINUING EMPLOYMENT.—It is unlaw- the Secretary had established by regulation thorized to publish in the Federal Register ful for an employer, after lawfully hiring an were sufficient for purposes of this section. standards or methods for certification under alien for employment, to continue to employ ‘‘(C) AUTHORITY TO PROHIBIT USE OF CERTAIN paragraph (1) and for specific recordkeeping the alien in the United States knowing that DOCUMENTS.— the alien is (or has become) an unauthorized practices with respect to such certification, ‘‘(i) AUTHORITY.—If the Secretary finds alien with respect to such employment. and procedures for the audit of any records that a document or class of documents de- related to such certification. ‘‘(3) USE OF LABOR THROUGH CONTRACT.— scribed in subparagraph (B) is not reliable to ‘‘(A) IN GENERAL.—An employer who uses a ‘‘(c) DOCUMENT VERIFICATION REQUIRE- establish identity or is being used fraudu- contract, subcontract, or exchange to obtain MENTS.—An employer hiring, or recruiting or lently to an unacceptable degree, the Sec- the labor of an alien in the United States referring for a fee, an individual for employ- retary shall prohibit, or impose conditions, knowing, or with reckless disregard— ment in the United States shall verify that on the use of such document or class of docu- ‘‘(i) that the alien is an unauthorized alien the individual is eligible for such employ- ments for purposes of this subsection. with respect to performing such labor, shall ment by meeting the following require- ‘‘(ii) REQUIREMENT FOR PUBLICATION.—The be considered to have hired the alien in vio- ments: Secretary shall publish notice of any find- lation of paragraph (1)(A); or ‘‘(1) ATTESTATION BY EMPLOYER.— ings under clause (i) in the Federal Register. ‘‘(ii) that the person hiring such alien ‘‘(A) REQUIREMENTS.— ‘‘(2) ATTESTATION OF EMPLOYEE.— failed to comply with the requirements of ‘‘(i) IN GENERAL.—The employer shall at- ‘‘(A) REQUIREMENTS.— subsections (c) and (d) shall be considered to test, under penalty of perjury and on a form ‘‘(i) IN GENERAL.—The individual shall at- have hired the alien in violation of para- prescribed by the Secretary, that the em- test, under penalty of perjury on the form graph (1)(B). ployer has verified the identity and eligi- described in paragraph (1)(A)(i), that the in- ‘‘(B) INFORMATION SHARING.—The person bility for employment of the individual by dividual is a national of the United States, hiring the alien shall provide to the em- examining a document described in subpara- an alien lawfully admitted for permanent ployer, who obtains the labor of the alien, graph (B). residence, or an alien who is authorized the employer identification number assigned ‘‘(ii) SIGNATURE REQUIREMENTS.—An attes- under this Act or by the Secretary to be to such person by the Commissioner of Inter- tation required by clause (i) may be mani- hired, or to be recruited or referred for a fee, nal Revenue. Failure to provide such number fested by a handwritten or electronic signa- in the United States. shall be considered a recordkeeping violation ture. ‘‘(ii) SIGNATURE FOR EXAMINATION.—An at- under subsection (e)(4)(B). ‘‘(iii) STANDARDS FOR EXAMINATION.—The testation required by clause (i) may be mani- ‘‘(C) REPORTING REQUIREMENT.—The em- employer has complied with the requirement fested by a handwritten or electronic signa- ployer shall submit to the Electronic of this paragraph with respect to examina- ture. Verification System established under sub- tion of documentation if a reasonable person ‘‘(B) PENALTIES.—An individual who falsely section (d), in a manner prescribed by the would conclude that the document examined represents that the individual is eligible for Secretary, the employer identification num- is genuine and relates to the individual employment in the United States in an at- ber provided by the person hiring the alien. whose identity and eligibility for employ- testation required by subparagraph (A) shall, Failure to submit such number shall be con- ment in the United States is being verified. for each such violation, be subject to a fine sidered a recordkeeping violation under sub- If the individual provides a document suffi- of not more than $5,000, a term of imprison- section (e)(4)(B). cient to meet the requirements of this para- ment not to exceed 3 years, or both. ‘‘(D) ENFORCEMENT.—The Secretary shall graph, nothing in this paragraph shall be ‘‘(3) RETENTION OF ATTESTATION.—The em- implement procedures to utilize the informa- construed as requiring an employer to solicit ployer shall retain a paper, microfiche,

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microfilm, or electronic version of the attes- paragraph (2) to participate in the System on ‘‘(ii) SUBMISSION TO SYSTEM.—A registered tations made under paragraph (1) and (2) and a voluntary basis; and employer shall submit an inquiry through make such attestations available for inspec- ‘‘(B) to require any employer or class of the System to seek confirmation of the indi- tion by an officer of the Department of employers to participate on a priority basis vidual’s identity and eligibility for employ- Homeland Security, any other person des- in the System with respect to individuals ment in the United States— ignated by the Secretary, the Special Coun- employed as of, or hired after, the date of en- ‘‘(I) not later than 3 days after the date of sel for Immigration-Related Unfair Employ- actment of the Comprehensive Immigration the hiring, or recruiting or referring for a ment Practices of the Department of Justice, Reform Act of 2006— fee, of the individual (as the case may be); or or the Secretary of Labor during a period be- ‘‘(i) if the Secretary designates such em- ‘‘(II) in the case of an employee hired by a ginning on the date of the hiring, or recruit- ployer or class of employers as a critical em- critical employer designated by the Sec- ing or referring for a fee, of the individual ployer based on an assessment of homeland retary under paragraph (3)(B) at such time as and ending— security or national security needs; or the Secretary shall specify. ‘‘(A) in the case of the recruiting or refer- ‘‘(ii) if the Secretary has reasonable cause ‘‘(iii) EIN REQUIREMENTS.— ral for a fee (without hiring) of an individual, to believe that the employer has engaged in ‘‘(I) REQUIREMENT TO PROVIDE.—An em- 5 years after the date of the recruiting or re- material violations of paragraph (1), (2), or ployer shall provide the employer identifica- ferral; or (3) of subsection (a). tion number issued to such employer to the ‘‘(B) in the case of the hiring of an indi- ‘‘(4) REQUIREMENT TO NOTIFY.—The Sec- individual, upon request, for purposes of pro- vidual the later of— retary shall notify the employer or class of viding the information under clause (i)(III). employers in writing regarding the require- ‘‘(i) 5 years after the date of such hiring; ‘‘(II) REQUIREMENT TO AFFIRMATIVELY ment for participation in the System under ‘‘(ii) 1 year after the date the individual’s STATE A LACK OF RECENT EMPLOYMENT.—An paragraph (3)(B) not less than 60 days prior employment is terminated; or individual providing information under to the effective date of such requirement. ‘‘(iii) in the case of an employer or class of clause (i)(III) who was not employed in the Such notice shall include the training mate- employers, a period that is less than the ap- United States during any of the 5 most re- rials described in paragraph (8)(E)(v). plicable period described in clause (i) or (ii) cently completed calendar years shall af- if the Secretary reduces such period for such ‘‘(5) REGISTRATION OF EMPLOYERS.—An em- ployer shall register the employer’s partici- firmatively state on the form described in employer or class of employers. subsection (c)(1)(A)(i) that no employer iden- ‘‘(4) DOCUMENT RETENTION AND RECORD- pation in the System in the manner pre- scribed by the Secretary prior to the date tification number is provided because the in- KEEPING REQUIREMENTS.— dividual was not employed in the United ‘‘(A) RETENTION OF DOCUMENTS.—Notwith- the employer is required or permitted to sub- mit information with respect to an employee States during such period. standing any other provision of law, an em- ‘‘(C) INITIAL RESPONSE.—Not later than 10 ployer shall retain, for the applicable period under this subsection. ‘‘(6) ADDITIONAL GUIDANCE.—A registered days after an employer submits an inquiry to described in paragraph (3), the following doc- the System regarding an individual, the Sec- uments: employer shall be permitted to utilize any technology that is consistent with this sec- retary shall provide, through the System, to ‘‘(i) IN GENERAL.—The employer shall copy tion and with any regulation or guidance the employer— all documents presented by an individual de- ‘‘(i) if the System is able to confirm the in- scribed in paragraph (1)(B) and shall retain from the Secretary to streamline the proce- dures to facilitate compliance with— dividual’s identity and eligibility for em- paper, microfiche, microfilm, or electronic ‘‘(A) the attestation requirement in sub- ployment in the United States, a confirma- copies of such documents. Such copies shall section (c); and tion notice, including the appropriate codes be designated as copied documents. ‘‘(B) the employment eligibility on such confirmation notice; or ‘‘(ii) OTHER DOCUMENTS.—The employer verification requirements in this subsection. ‘‘(ii) if the System is unable to confirm the shall maintain records of any action taken ‘‘(7) CONSEQUENCE OF FAILURE TO PARTICI- individual’s identity or eligibility for em- and copies of any correspondence written or PATE.—If an employer is required to partici- ployment in the United States, and after a received with respect to the verification of pate in the System and fails to comply with secondary manual verification has been con- an individual’s identity or eligibility for em- the requirements of the System with respect ducted, a tentative nonconfirmation notice, ployment in the United States. to an employee— including the appropriate codes on such ten- ‘‘(B) USE OF RETAINED DOCUMENTS.—An em- ‘‘(A) such failure shall be treated as a vio- tative nonconfirmation notice. ployer shall use copies retained under clause lation of subsection (a)(1)(B); and ‘‘(D) CONFIRMATION OR NONCONFIRMATION.— (i) or (ii) of subparagraph (A) only for the ‘‘(B) a rebuttable presumption is created ‘‘(i) CONFIRMATION UPON INITIAL INQUIRY.—If purposes of complying with the requirements that the employer has violated subsection an employer receives a confirmation notice of this subsection, except as otherwise per- (a)(1)(A), however, such presumption may under paragraph (C)(i) for an individual, the mitted under law. not apply to a prosecution under subsection employer shall record, on the form described ‘‘(5) PENALTIES.—An employer that fails to (f)(1). in subsection (c)(1)(A)(i), the appropriate comply with the recordkeeping requirements ‘‘(8) DESIGN AND OPERATION OF SYSTEM.— code provided in such notice. of this subsection shall be subject to the pen- ‘‘(A) IN GENERAL.—The Secretary shall, ‘‘(ii) TENTATIVE NONCONFIRMATION.—If an alties described in subsection (e)(4)(B). through the System— employer receives a tentative nonconfirma- ‘‘(6) NO AUTHORIZATION OF NATIONAL IDENTI- ‘‘(i) respond to each inquiry made by a reg- tion notice under paragraph (C)(ii) for an in- FICATION CARDS.—Nothing in this section istered employer through the Internet or dividual, the employer shall inform such in- may be construed to authorize, directly or other electronic media, or over a toll-free dividual of the issuance of such notice in indirectly, the issuance, use, or establish- telephone line regarding an individual’s writing, on a form prescribed by the Sec- ment of a national identification card. identity and eligibility for employment in retary not later than 3 days after receiving ‘‘(d) ELECTRONIC EMPLOYMENT the United States; and such notice. Such individual shall acknowl- VERIFICATION SYSTEM.— ‘‘(ii) maintain a record of each such in- edge receipt of such notice in writing on the ‘‘(1) REQUIREMENT FOR SYSTEM.—The Sec- quiry and the information provided in re- form described in subsection (c)(1)(A)(i). retary, in cooperation with the Commis- sponse to such inquiry. ‘‘(iii) NO CONTEST.—If the individual does sioner of Social Security, shall implement ‘‘(B) INITIAL INQUIRY.— not contest the tentative nonconfirmation an Electronic Employment Verification Sys- ‘‘(i) INFORMATION REQUIRED.—A registered notice within 10 days of receiving notice tem (referred to in this subsection as the employer shall, with respect to the hiring, or from the individual’s employer, the notice ‘System’) to determine whether— recruiting or referring for a fee, any indi- shall become final and the employer shall ‘‘(A) the identifying information submitted vidual for employment in the United States, record on the form described in subsection by an individual is consistent with the infor- obtain from the individual and record on the (1)(A)(i), the appropriate code provided mation maintained by the Secretary or the form described in subsection (c)(1)(A)(i)— through the System to indicate the indi- Commissioner of Social Security; and ‘‘(I) the individual’s name and date of birth vidual did not contest the tentative noncon- ‘‘(B) such individual is eligible for employ- and, if the individual was born in the United firmation. An individual’s failure to contest ment in the United States. States, the State in which such individual a tentative nonconfirmation shall not be ‘‘(2) REQUIREMENT FOR PARTICIPATION.—The was born; considered an admission of guilt with respect Secretary shall require all employers in the ‘‘(II) the individual’s social security ac- to any violation of this Act or any other pro- United States to participate in the System, count number; vision of law. with respect to all employees hired by the ‘‘(III) the employment identification num- ‘‘(iv) CONTEST.—If the individual contests employer on or after the date that is 18 ber of the individual’s employer during any the tentative nonconfirmation notice, the in- months after the date that not less than one of the 5 most recently completed cal- dividual shall submit appropriate informa- $400,000,000 have been appropriated and made endar years; and tion to contest such notice under the proce- available to implement this subsection. ‘‘(IV) in the case of an individual who does dures established in subparagraph (E)(iii) not ‘‘(3) OTHER PARTICIPATION IN SYSTEM.—Not- not attest that the individual is a national of later than 10 days after receiving the notice withstanding paragraph (2), the Secretary the United States under subsection from the individual’s employer. has the authority— (c)(1)(A)(i), such alien identification or au- ‘‘(v) EFFECTIVE PERIOD OF TENTATIVE NON- ‘‘(A) to permit any employer that is not re- thorization number that the Secretary shall CONFIRMATION NOTICE.—A tentative noncon- quired to participate in the System under require. firmation notice shall remain in effect until

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Such presumption may not apply to a final nonconfirmation notice may, not later ‘‘(vi) AUTOMATIC FINAL NOTICE.— prosecution under subsection (f)(1). than 60 days after the date of such termi- ‘‘(I) IN GENERAL.—If a final notice is not ‘‘(E) RESPONSIBILITIES OF THE SECRETARY.— nation, file an appeal of such notice. issued within the 30-day period described in ‘‘(i) IN GENERAL.—The Secretary shall es- ‘‘(B) PROCEDURES.—The Secretary and clause (v)(II), the Secretary shall automati- tablish a reliable, secure method to provide Commissioner of Social Security shall de- cally provide to the employer, through the through the System, within the time periods velop procedures to review appeals filed System, the appropriate code indicating a required by this subsection— under subparagraph (A) and to make final final notice. ‘‘(I) a determination of whether the name determinations on such appeals. ‘‘(II) PERIOD PRIOR TO INITIAL CERTIFI- and alien identification or authorization ‘‘(C) REVIEW FOR ERRORS.—If a final deter- CATION.—During the period beginning on the number provided in an inquiry by an em- mination on an appeal filed under subpara- date of the enactment of the Comprehensive ployer is consistent with such information graph (A) results in a confirmation of an in- Immigration Reform Act of 2006 and ending maintained by the Secretary in order to con- dividual’s eligibility to work in the United on the date the Secretary submits the initial firm the validity of the information pro- States, the administrative review process report described in subparagraph (E)(ii), an vided; and shall require the Secretary to determine if automatic notice issued under subclause (I) ‘‘(II) a determination of whether the indi- the final nonconfirmation notice issued for shall be a final confirmation notice. vidual is authorized to be employed in the the individual was the result of— ‘‘(III) PERIOD AFTER INITIAL CERTIFI- United States. ‘‘(i) an error or negligence on the part of CATION.—After the date that the Secretary ‘‘(ii) ANNUAL REPORT AND CERTIFICATION.— an employee or official operating or respon- submits the initial report described in sub- Not later than the date that is 24 months sible for the System; paragraph (E)(ii), an automatic notice issued after the date that not less than $400,000,000 ‘‘(ii) the decision rules, processes, or proce- under subclause (I) shall be a final confirma- have been appropriated and made available dures utilized by the System; or tion notice unless the most recent such re- to the Secretary to implement this sub- ‘‘(iii) erroneous system information that port includes a certification that the System section, and annually thereafter, the Sec- was not the result of acts or omissions of the is able to correctly issue, within the period retary shall submit to Congress a report that individual. beginning on the date an employer submits includes— ‘‘(D) COMPENSATION FOR ERROR.— an inquiry to the System and ending on the ‘‘(I) an assessment of whether the System ‘‘(i) IN GENERAL.—If the Secretary makes a date an automatic default notice would be is able to correctly issue, within the period determination under subparagraph (C) that issued by the System, a final notice in at described in subparagraph (D)(v)(II), a final the final nonconfirmation notice issued for least 99 percent of the cases in which the no- notice in at least 99 percent of the cases in an individual was not caused by an act or tice relates to an individual who is eligible which the final notice relates to an indi- omission of the individual, the Secretary for employment in the United States. If the vidual who is eligible for employment in the shall compensate the individual for lost most recent such report includes such a cer- United States (excluding an individual who wages. tification, the automatic notice issued under fails to contest a tentative nonconfirmation ‘‘(ii) CALCULATION OF LOST WAGES.—Lost subclause (I) shall be a final nonconfirma- notice); and wages shall be calculated based on the wage tion notice. ‘‘(II) if the assessment under subclause (I) rate and work schedule that prevailed prior ‘‘(IV) ADDITIONAL AUTHORITY.—Notwith- is that the System is able to correctly issue to termination. The individual shall be com- standing the second sentence of subclause within the specified time period a final no- pensated for wages lost beginning on the (III), the Secretary shall have the authority tice in at least 99 percent of the cases de- first scheduled work day after employment to issue a final confirmation notice for an in- scribed in such subclause, a certification of was terminated and ending 180 days after dividual who would be subject to a final non- such assessment. completion of the administrative review confirmation notice under such sentence. In ‘‘(iii) CONTEST AND SELF-VERIFICATION.— process described in this paragraph or the such a case, the Secretary shall determine The Secretary in consultation with the Com- day after the individual is reinstated or ob- the individual’s eligibility for employment missioner of Social Security, shall establish tains employment elsewhere, whichever oc- in the United States and record the results procedures to permit an individual who con- curs first. of such determination in the System within tests a tentative or final nonconfirmation ‘‘(E) LIMITATION ON COMPENSATION.—For 12 months. notice, or seeks to verify the individual’s purposes of determining an individual’s com- ‘‘(vii) EFFECTIVE PERIOD OF FINAL NOTICE.— own employment eligibility prior to obtain- pensation for the loss of employment, such A final confirmation notice issued under this ing or changing employment, to contact the compensation shall not include any period in paragraph for an individual shall remain in appropriate agency and, in a timely manner, which the individual was ineligible for em- effect— correct or update the information used by ployment in the United States. ‘‘(I) during any continuous period of em- the System. ‘‘(F) SOURCE OF FUNDS.—Compensation or ployment of such individual by such em- ‘‘(iv) INFORMATION TO EMPLOYEE.—The Sec- reimbursement provided under this para- ployer, unless the Secretary determines the retary shall develop a written form for em- graph shall not be provided from funds ap- final confirmation was the result of identity ployers to provide to individuals who receive propriated in annual appropriations Acts to fraud; or a tentative or final nonconfirmation notice. the Secretary for the Department of Home- ‘‘(II) in the case of an alien authorized to Such form shall be made available in a lan- land Security. be employed in the United States for a tem- guage other than English, as necessary and ‘‘(11) JUDICIAL REVIEW.— porary period, during such period. reasonable, and shall include— ‘‘(A) IN GENERAL.—After the Secretary ‘‘(viii) PROHIBITION ON TERMINATION.—An ‘‘(I) information about the reason for such makes a final determination on an appeal employer may not terminate the employ- notice; filed by an individual under the administra- ment of an individual based on a tentative ‘‘(II) the right to contest such notice; tive review process described in paragraph nonconfirmation notice until such notice be- ‘‘(III) contact information for the appro- (10), the individual may obtain judicial re- comes final under clause (iii) or a final non- priate agency and instructions for initiating view of such determination by a civil action confirmation notice is issued for the indi- such contest; and commenced not later than 60 days after the vidual by the System. Nothing in this clause ‘‘(IV) a 24-hour toll-free telephone number date of such decision, or such further time as shall prohibit the termination of employ- to respond to inquiries related to such no- the Secretary may allow. ment for any reason other than such ten- tice. ‘‘(B) JURISDICTION.—A civil action for such tative nonconfirmation. ‘‘(v) TRAINING MATERIALS.—The Secretary judicial review shall be brought in the dis- ‘‘(ix) RECORDING OF CONTEST RESOLUTION.— shall make available or provide to the em- trict court of the United States for the judi- The employer shall record on the form de- ployer, upon request, not later than 60 days cial district in which the plaintiff resides, or scribed in subsection (c)(1)(A)(i) the appro- prior to such employer’s participation in the has a principal place of business, or, if the priate code that is provided through the Sys- System, appropriate training materials to plaintiff does not reside or have a principal tem to indicate a final confirmation notice facilitate compliance with this subsection, place of business within any such judicial or final nonconfirmation notice. and sections 274B(a)(7) and 274C(a). district, in the District Court of the United ‘‘(x) CONSEQUENCES OF NONCONFIRMATION.— ‘‘(F) RESPONSIBILITIES OF THE COMMIS- States for the District of Columbia. If the employer has received a final noncon- SIONER OF SOCIAL SECURITY.—The responsibil- ‘‘(C) ANSWER.—As part of the Secretary’s firmation regarding an individual, the em- ities of the Commissioner of Social Security answer to a complaint for such judicial re- ployer shall terminate the employment, re- with respect to the System are set out in view, the Secretary shall file a certified copy cruitment, or referral of the individual. Such section 205(c)(2) of the Social Security Act. of the administrative record compiled during employer shall provide to the Secretary any ‘‘(9) PROTECTION FROM LIABILITY.—No em- the administrative review under paragraph information relating to the individual that ployer that participates in the System shall (10), including the evidence upon which the the Secretary determines would assist the be liable under any law for any employment- findings and decision complained of are

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based. The court shall have power to enter, ‘‘(A) REQUIREMENT.—The Comptroller Gen- ceedings related to such violation are war- upon the pleadings and transcript of the eral of the United States shall conduct an ranted, the Secretary shall issue to the em- record, a judgment affirming or reversing annual study of the System. ployer concerned a written notice of the Sec- the result of that administrative review, ‘‘(B) PURPOSE.—The study shall evaluate retary’s intention to issue a claim for a fine with or without remanding the cause for a the accuracy, efficiency, integrity, and im- or other penalty. Such notice shall— rehearing. pact of the System. ‘‘(i) describe the violation; ‘‘(D) COMPENSATION FOR ERROR.— ‘‘(C) REPORT.—Not later than the date that ‘‘(ii) specify the laws and regulations alleg- ‘‘(i) IN GENERAL.—In cases in which such is 24 months after the date that not less than edly violated; judicial review reverses the final determina- $400,000,000 have been appropriated and made ‘‘(iii) specify the amount of fines or other tion of the Secretary made under paragraph available to the Secretary to implement this penalties to be imposed; (10), the court shall compensate the indi- subsection, and annually thereafter, the ‘‘(iv) disclose the material facts which es- vidual for lost wages. Comptroller General shall submit to Con- tablish the alleged violation; and ‘‘(ii) CALCULATION OF LOST WAGES.—Lost gress a report containing the findings of the ‘‘(v) inform such employer that the em- wages shall be calculated based on the wage study carried out under this paragraph. Each ployer shall have a reasonable opportunity rate and work scheduled that prevailed prior such report shall include, at a minimum, the to make representations as to why a claim to termination. The individual shall be com- following: for a monetary or other penalty should not pensated for wages lost beginning on the ‘‘(i) An assessment of the annual report be imposed. first scheduled work day after employment and certification described in paragraph ‘‘(B) REMISSION OR MITIGATION OF PEN- was terminated and ending 180 days after (8)(E)(ii). ALTIES.— completion of the judicial review described ‘‘(ii) An assessment of System performance ‘‘(i) REVIEW BY SECRETARY.—If the Sec- in this paragraph or the day after the indi- with respect to the rate at which individuals retary determines that such fine or other vidual is reinstated or obtains employment who are eligible for employment in the penalty was incurred erroneously, or deter- elsewhere, whichever occurs first. United States are correctly approved within mines the existence of such mitigating cir- ‘‘(12) LIMITATION ON COLLECTION AND USE OF each of the periods specified in paragraph (8), cumstances as to justify the remission or DATA.— including a separate assessment of such rate mitigation of such fine or penalty, the Sec- ‘‘(A) LIMITATION ON COLLECTION OF DATA.— for nationals and aliens. retary may remit or mitigate such fine or ‘‘(i) IN GENERAL.—The System shall collect ‘‘(iii) An assessment of the privacy and se- other penalty on the terms and conditions as and maintain only the minimum data nec- curity of the System and its effects on iden- the Secretary determines are reasonable and essary to facilitate the successful operation tity fraud or the misuse of personal data. just, or order termination of any proceedings of the System, and in no case shall the data ‘‘(iv) An assessment of the effects of the related to the notice. be other than— System on the employment of unauthorized ‘‘(ii) APPLICABILITY.—This subparagraph ‘‘(I) information necessary to register em- aliens. may not apply to an employer that has or is ployers under paragraph (5); ‘‘(v) An assessment of the effects of the engaged in a pattern or practice of violations ‘‘(II) information necessary to initiate and System, including the effects of tentative of paragraph (1), (2), or (3) of subsection (a) respond to inquiries or contests under para- confirmations, on unfair immigration-re- or of any other requirements of this section. graph (8); lated employment practices and employment ‘‘(C) PENALTY CLAIM.—After considering ‘‘(III) information necessary to establish discrimination based on national origin or evidence and representations offered by the and enforce compliance with paragraphs (5) citizenship status. employer, the Secretary shall determine and (8); ‘‘(vi) An assessment of whether the Sec- whether there was a violation and promptly ‘‘(IV) information necessary to detect and retary and the Commissioner of Social Secu- issue a written final determination setting prevent employment related identity fraud; rity have adequate resources to carry out forth the findings of fact and conclusions of and the duties and responsibilities of this sec- law on which the determination is based and ‘‘(V) such other information the Secretary tion. the appropriate penalty. determines is necessary, subject to a 180 day ‘‘(e) COMPLIANCE.— ‘‘(4) CIVIL PENALTIES.— notice and comment period in the Federal ‘‘(1) COMPLAINTS AND INVESTIGATIONS.—The ‘‘(A) HIRING OR CONTINUING TO EMPLOY UN- Register. Secretary shall establish procedures— AUTHORIZED ALIENS.—Any employer that vio- ‘‘(ii) PENALTIES.—Any officer, employee, or ‘‘(A) for individuals and entities to file lates any provision of paragraph (1), (2), or contractor who willfully and knowingly col- complaints regarding potential violations of (3) of subsection (a) shall pay civil penalties lects and maintains data in the System subsection (a); as follows: other than data described in clause (i) shall ‘‘(B) for the investigation of such com- ‘‘(i) Pay a civil penalty of not less than be guilty of a misdemeanor and fined not plaints that the Secretary determines are $500 and not more than $4,000 for each unau- more than $1,000 for each violation. appropriate to investigate; and thorized alien with respect to each such vio- ‘‘(B) LIMITATION ON USE OF DATA.—Whoever ‘‘(C) for the investigation of other viola- lation. willfully and knowingly accesses, discloses, tions of subsection (a) that the Secretary de- ‘‘(ii) If the employer has previously been or uses any information obtained or main- termines is appropriate. fined 1 time during the 12-month period pre- tained by the System— ‘‘(2) AUTHORITY IN INVESTIGATIONS.— ceding the violation under this subpara- ‘‘(i) for the purpose of committing identity ‘‘(A) IN GENERAL.—In conducting investiga- graph, pay a civil penalty of not less than fraud, or assisting another person in com- tions and hearings under this subsection, of- $4,000 and not more than $10,000 for each un- mitting identity fraud, as defined in section ficers and employees of the Department of authorized alien with respect to each such 1028 of title 18, United States Code; Homeland Security— violation. ‘‘(ii) for the purpose of unlawfully obtain- ‘‘(i) shall have reasonable access to exam- ‘‘(iii) If the employer has previously been ing employment in the United States or un- ine evidence regarding any employer being fined more than 1 time during the 24-month lawfully obtaining employment in the investigated; and period preceding the violation under this United States for any other person; or ‘‘(ii) if designated by the Secretary, may subparagraph or has failed to comply with a ‘‘(iii) for any purpose other than as pro- compel by subpoena the attendance of wit- previously issued and final order related to vided for under any provision of law; nesses and the production of evidence at any any such provision, pay a civil penalty of not shall be guilty of a felony and upon convic- designated place in an investigation or case less than $6,000 and not more than $20,000 for tion shall be fined under title 18, United under this subsection. each unauthorized alien with respect to each States Code, or imprisoned for not more than ‘‘(B) FAILURE TO COOPERATE.—In case of re- such violation. 5 years, or both. fusal to obey a subpoena lawfully issued ‘‘(B) RECORDKEEPING OR VERIFICATION PRAC- ‘‘(C) EXCEPTIONS.—Nothing in subpara- under subparagraph (A)(ii), the Secretary TICES.—Any employer that violates or fails graph (A) or (B) may be construed to limit may request that the Attorney General to comply with the recordkeeping require- the collection, maintenance, or use of data apply in an appropriate district court of the ments of subsections (a), (c), and (d), shall by the Commissioner of Internal Revenue or United States for an order requiring compli- pay a civil penalty as follows: the Commissioner of Social Security as pro- ance with such subpoena, and any failure to ‘‘(i) Pay a civil penalty of not less than vided by law. obey such order may be punished by such $200 and not more than $2,000 for each such ‘‘(13) MODIFICATION AUTHORITY.—The Sec- court as contempt. violation. retary, after notice is submitted to Congress ‘‘(C) DEPARTMENT OF LABOR.—The Sec- ‘‘(ii) If the employer has previously been and provided to the public in the Federal retary of Labor shall have the investigative fined 1 time during the 12-month period pre- Register, is authorized to modify the re- authority provided under section 11(a) of the ceding the violation under this subpara- quirements of this subsection with respect to Fair Labor Standards Act of 1938 (29 U.S.C. graph, pay a civil penalty of not less than completion of forms, method of storage, at- 211(a)) to ensure compliance with the provi- $400 and not more than $4,000 for each such testations, copying of documents, signa- sions of this section. violation. tures, methods of transmitting information, ‘‘(3) COMPLIANCE PROCEDURES.— ‘‘(iii) If the employer has previously been and other operational and technical aspects ‘‘(A) PREPENALTY NOTICE.—If the Secretary fined more than 1 time during the 24-month to improve the efficiency, accuracy, and se- has reasonable cause to believe that there period preceding the violation under this curity of the System. has been a violation of a requirement of this subparagraph or has failed to comply with a ‘‘(14) ANNUAL GAO STUDY AND REPORT.— section and determines that further pro- previously issued and final order related to

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Any adjustment under this subpara- take alternate action under this subpara- less than $600 and not more than $6,000 for graph shall be rounded to the nearest dollar. graph shall not be judicially reviewed. each such violation. ‘‘(h) PROHIBITION OF INDEMNITY BONDS.— ‘‘(3) SUSPENSION.—Indictments for viola- ‘‘(C) OTHER PENALTIES.—Notwithstanding ‘‘(1) PROHIBITION.—It is unlawful for an em- tions of this section or adequate evidence of subparagraphs (A) and (B), the Secretary ployer, in the hiring, recruiting, or referring actions that could form the basis for debar- may impose additional penalties for viola- for a fee, of an individual, to require the in- ment under this subsection shall be consid- tions, including violations of cease and de- dividual to post a bond or security, to pay or ered a cause for suspension under the proce- sist orders, specially designed compliance agree to pay an amount, or otherwise to pro- dures and standards for suspension pre- plans to prevent further violations, sus- vide a financial guarantee or indemnity, scribed by the Federal Acquisition Regula- pended fines to take effect in the event of a against any potential liability arising under tion. further violation, and in appropriate cases, this section relating to such hiring, recruit- ‘‘(j) MISCELLANEOUS PROVISIONS.— the criminal penalty described in subsection ing, or referring of the individual. ‘‘(1) DOCUMENTATION.—In providing docu- (f). ‘‘(2) CIVIL PENALTY.—Any employer which mentation or endorsement of authorization ‘‘(5) JUDICIAL REVIEW.—An employer ad- is determined, after notice and opportunity of aliens eligible to be employed in the versely affected by a final determination for mitigation of the monetary penalty United States, the Secretary shall provide may, within 45 days after the date the final under subsection (e), to have violated para- that any limitations with respect to the pe- determination is issued, file a petition in any graph (1) of this subsection shall be subject riod or type of employment or employer appropriate district court of the United to a civil penalty of $10,000 for each violation shall be conspicuously stated on the docu- States. The filing of a petition as provided in and to an administrative order requiring the mentation or endorsement (other than aliens this paragraph shall stay the Secretary’s de- return of any amounts received in violation lawfully admitted for permanent residence). termination until entry of judgment by the of such paragraph to the employee or, if the ‘‘(2) PREEMPTION.—The provisions of this court. The burden shall be on the employer employee cannot be located, to the Employer section preempt any State or local law im- to show that the final determination was not Compliance Fund established under section posing civil or criminal sanctions (other supported by substantial evidence. The Sec- 286(w). than through licensing and similar laws) retary is authorized to require that the peti- ‘‘(i) PROHIBITION ON AWARD OF GOVERNMENT upon those who employ, or recruit or refer tioner provide, prior to filing for review, se- CONTRACTS, GRANTS, AND AGREEMENTS.— for a fee for employment, unauthorized curity for payment of fines and penalties ‘‘(1) EMPLOYERS WITH NO CONTRACTS, aliens. through bond or other guarantee of payment GRANTS, OR AGREEMENTS.— ‘‘(k) DEPOSIT OF AMOUNTS RECEIVED.—Ex- acceptable to the Secretary. ‘‘(A) IN GENERAL.—If an employer who does cept as otherwise specified, civil penalties ‘‘(6) ENFORCEMENT OF ORDERS.—If an em- not hold a Federal contract, grant, or coop- collected under this section shall be depos- ployer fails to comply with a final deter- erative agreement is determined by the Sec- ited by the Secretary into the Employer mination issued against that employer under retary to be a repeat violator of this section Compliance Fund established under section this subsection, and the final determination or is convicted of a crime under this section, 286(w). is not subject to review as provided in para- the employer shall be debarred from the re- ‘‘(l) DEFINITIONS.—In this section: graph (5), the Attorney General may file suit ceipt of a Federal contract, grant, or cooper- ‘‘(1) EMPLOYER.—The term ‘employer’ to enforce compliance with the final deter- ative agreement for a period of 5 years. The means any person or entity, including any mination, not earlier than 46 days and not Secretary or the Attorney General shall ad- entity of the Government of the United later than 180 days after the date the final vise the Administrator of General Services of States, hiring, recruiting, or referring an in- determination is issued, in any appropriate such a debarment, and the Administrator of dividual for employment in the United district court of the United States. In any General Services shall list the employer on States. such suit, the validity and appropriateness of the List of Parties Excluded from Federal ‘‘(2) SECRETARY.—Except as otherwise pro- the final determination shall not be subject Procurement and Nonprocurement Programs vided, the term ‘Secretary’ means the Sec- to review. for a period of 5 years. retary of Homeland Security. ‘‘(B) WAIVER.—The Administrator of Gen- ‘‘(7) RECOVERY OF COSTS AND ATTORNEY’S ‘‘(3) UNAUTHORIZED ALIEN.—The term ‘un- eral Services, in consultation with the Sec- FEES.—In any appeal brought under para- authorized alien’ means, with respect to the graph (5) or suit brought under paragraph (6) retary and the Attorney General, may waive employment of an alien at a particular time, of this section the employer shall be entitled operation of this subsection or may limit the that the alien is not at that time either— to recover from the Secretary reasonable duration or scope of the debarment. ‘‘(A) an alien lawfully admitted for perma- costs and attorney’s fees if such employer ‘‘(2) EMPLOYERS WITH CONTRACTS, GRANTS, nent residence; or substantially prevails on the merits of the OR AGREEMENTS.— ‘‘(B) authorized to be so employed by this case. Such an award of attorney’s fees may ‘‘(A) IN GENERAL.—An employer who holds Act or by the Secretary.’’. not exceed $25,000. Any such costs and attor- a Federal contract, grant, or cooperative (b) CONFORMING AMENDMENTS.— ney’s fees assessed against the Secretary agreement and is determined by the Sec- (1) AMENDMENTS.— shall be charged against the operating ex- retary to be a repeat violator of this section (A) REPEAL OF BASIC PILOT.—Sections 401, penses of the Department for the fiscal year or is convicted of a crime under this section, 402, 403, 404, and 405 of the Illegal Immigra- in which the assessment is made, and may shall be debarred from the receipt of new tion Reform and Immigrant Responsibility not be reimbursed from any other source. Federal contracts, grants, or cooperative Act of 1996 (division C of Public Law 104–208; ‘‘(f) CRIMINAL PENALTIES AND INJUNCTIONS agreements for a period of 5 years. 8 U.S.C. 1324a note) are repealed. FOR PATTERN OR PRACTICE VIOLATIONS.— ‘‘(B) NOTICE TO AGENCIES.—Prior to debar- (B) REPEAL OF REPORTING REQUIREMENTS.— ‘‘(1) CRIMINAL PENALTY.—An employer that ring the employer under subparagraph (A), (i) REPORT ON EARNINGS OF ALIENS NOT AU- engages in a pattern or practice of knowing the Secretary, in cooperation with the Ad- THORIZED TO WORK.—Subsection (c) of section violations of subsection (a)(1)(A) or (a)(2) ministrator of General Services, shall advise 290 (8 U.S.C. 1360) is repealed. shall be fined not more than $20,000 for each any agency or department holding a con- (ii) REPORT ON FRAUDULENT USE OF SOCIAL unauthorized alien with respect to whom tract, grant, or cooperative agreement with SECURITY ACCOUNT NUMBERS.—Subsection (b) such a violation occurs, imprisoned for not the employer of the Government’s intention of section 414 of the Illegal Immigration Re- more than 3 years for the entire pattern or to debar the employer from the receipt of form and Immigrant Responsibility Act of practice, or both. new Federal contracts, grants, or coopera- 1996 (division C of Public Law 104–208; 8 ‘‘(2) ENJOINING OF PATTERN OR PRACTICE tive agreements for a period of 5 years. U.S.C. 1360 note) is repealed. VIOLATIONS.—If the Secretary or the Attor- ‘‘(C) WAIVER.—After consideration of the (2) CONSTRUCTION.—Nothing in this sub- ney General has reasonable cause to believe views of any agency or department that section or in subsection (d) of section 274A, that an employer is engaged in a pattern or holds a contract, grant, or cooperative agree- as amended by subsection (a), may be con- practice of employment, recruitment, or re- ment with the employer, the Secretary may, strued to limit the authority of the Sec- ferral in violation of paragraph (1)(A) or (2) in lieu of debarring the employer from the retary to allow or continue to allow the par- of subsection (a), the Attorney General may receipt of new Federal contracts, grants, or ticipation of employers who participated in bring a civil action in the appropriate dis- cooperative agreements for a period of 5 the basic pilot program under sections 401, trict court of the United States requesting a years, waive operation of this subsection, 402, 403, 404, and 405 of the Illegal Immigra- permanent or temporary injunction, re- limit the duration or scope of the debarment, tion Reform and Immigrant Responsibility straining order, or other order against the or may refer to an appropriate lead agency Act of 1996 (division C of Public Law 104–208; employer, as the Secretary deems necessary. the decision of whether to debar the em- 8 U.S.C. 1324a note) in the Electronic Em- ‘‘(g) ADJUSTMENT FOR INFLATION.—All pen- ployer, for what duration, and under what ployment Verification System established alties and limitations on the recovery of scope in accordance with the procedures and pursuant to such subsection (d). costs and attorney’s fees in this section shall standards prescribed by the Federal Acquisi- (c) TECHNICAL AMENDMENTS.— be increased every 4 years beginning January tion Regulation. However, any proposed de- (1) DEFINITION OF UNAUTHORIZED ALIEN.— 2010 to reflect the percentage increase in the barment predicated on an administrative de- Sections 218(i)(1) (8 U.S.C. 1188(i)(1)), 245(c)(8) consumer price index for all urban con- termination of liability for civil penalty by (8 U.S.C. 1255(c)(8)), 274(a)(3)(B)(i) (8 U.S.C. sumers (all items; U.S. city average) for the the Secretary or the Attorney General shall 1324(a)(3)(B)(i)), and 274B(a)(1) (8 U.S.C. 48 month period ending with September of not be reviewable in any debarment pro- 1324b(a)(1)) are amended by striking the year preceding the year such adjustment ceeding. The decision of whether to debar or ‘‘274A(h)(3)’’ and inserting ‘‘274A’’.

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(2) DOCUMENT REQUIREMENTS.—Section 274B ing calendar year 2006, 2007, or 2008 which and collect such fees in advance from the (8 U.S.C. 1324b) is amended— contains— Secretary of Homeland Security. (A) in subsections (a)(6) and (g)(2)(B), by ‘‘(I) more than 100 names and taxpayer ‘‘(D) TERMINATION.—This paragraph shall striking ‘‘274A(b)’’ and inserting ‘‘274A(c) and identifying numbers of employees (within not apply to any request made after the date (d)’’; and the meaning of such section) that did not which is 3 years after the date of the enact- (B) in subsection (g)(2)(B)(ii), by striking match the records maintained by the Com- ment of this paragraph.’’. ‘‘274A(b)(5)’’ and inserting ‘‘274A(c)’’. missioner of Social Security, or (2) COMPLIANCE BY DHS CONTRACTORS WITH (d) AMENDMENTS TO THE SOCIAL SECURITY ‘‘(II) more than 10 names of employees CONFIDENTIALITY SAFEGUARDS.— ACT.—Section 205(c)(2) of the Social Security (within the meaning of such section) with (A) IN GENERAL.—Section 6103(p) of such Act (42 U.S.C. 405(c)(2)) is amended by adding the same taxpayer identifying number. Code is amended by adding at the end the at the end the following new subparagraphs: ‘‘(ii) DISCLOSURE OF INFORMATION REGARD- following new paragraph: ‘‘(I)(i) The Commissioner of Social Secu- ING USE OF DUPLICATE EMPLOYEE TAXPAYER ‘‘(9) DISCLOSURE TO DHS CONTRACTORS.— rity shall, subject to the provisions of sec- IDENTIFYING INFORMATION.—Taxpayer iden- Notwithstanding any other provision of this tion 301(f)(2) of the Comprehensive Immigra- tity information of each person who has filed section, no return or return information tion Reform Act of 2006, establish a reliable, an information return required by reason of shall be disclosed to any contractor of the secure method to provide through the Elec- section 6051 which the Commissioner of So- Department of Homeland Security unless tronic Employment Verification System es- cial Security has reason to believe, based on such Department, to the satisfaction of the tablished pursuant to subsection (d) of sec- a comparison with information submitted by Secretary— tion 274A of the Immigration and Nation- the Secretary of Homeland Security, con- ‘‘(A) has requirements in effect which re- ality Act (referred to in this subparagraph as the ‘System’), within the time periods re- tains evidence of identity fraud due to the quire each such contractor which would have quired by paragraph (8) of such subsection— multiple use of the same taxpayer identi- access to returns or return information to ‘‘(I) a determination of whether the name, fying number (assigned under section 6109) of provide safeguards (within the meaning of date of birth, employer identification num- an employee (within the meaning of section paragraph (4)) to protect the confidentiality ber, and social security account number of 6051). of such returns or return information, an individual provided in an inquiry made to ‘‘(iii) DISCLOSURE OF INFORMATION REGARD- ‘‘(B) agrees to conduct an on-site review the System by an employer is consistent ING NONPARTICIPATING EMPLOYERS.—Taxpayer every 3 years (mid-point review in the case of with such information maintained by the identity information of each person who has contracts or agreements of less than 1 year Commissioner in order to confirm the valid- filed an information return required by rea- in duration) of each contractor to determine ity of the information provided; son of section 6051 which the Commissioner compliance with such requirements, ‘‘(II) a determination of the citizenship of Social Security has reason to believe, ‘‘(C) submits the findings of the most re- status associated with such name and social based on a comparison with information sub- cent review conducted under subparagraph security account number, according to the mitted by the Secretary of Homeland Secu- (B) to the Secretary as part of the report re- records maintained by the Commissioner; rity, contains evidence of such person’s fail- quired by paragraph (4)(E), and ‘‘(III) a determination of whether the name ure to register and participate in the Elec- ‘‘(D) certifies to the Secretary for the most and number belongs to an individual who is tronic Employment Verification System au- recent annual period that such contractor is deceased, according to the records main- thorized under section 274A(d) of the Immi- in compliance with all such requirements. tained by the Commissioner; gration and Nationality Act (hereafter in ‘‘The certification required by subpara- ‘‘(IV) a determination of whether the name this paragraph referred to as the ‘System’). graph (D) shall include the name and address and number is blocked in accordance with ‘‘(iv) DISCLOSURE OF INFORMATION REGARD- of each contractor, a description of the con- clause (ii); and ING NEW EMPLOYEES OF NONPARTICIPATING EM- tract or agreement with such contractor, ‘‘(V) a confirmation notice or a noncon- PLOYERS.—Taxpayer identity information of and the duration of such contract or agree- firmation notice described in such paragraph all employees (within the meaning of section ment.’’. (8), in a manner that ensures that other in- 6051) hired after the date a person identified (3) CONFORMING AMENDMENTS.— formation maintained by the Commissioner in clause (iii) is required to participate in (A) Section 6103(a)(3) of such Code is is not disclosed or released to employers the System under section 274A(d)(2) or sec- amended by striking ‘‘or (20)’’ and inserting through the System. tion 274A(d)(3)(B) of the Immigration and Na- ‘‘(20), or (21)’’. ‘‘(ii) The Commissioner of Social Security tionality Act. (B) Section 6103(p)(3)(A) of such Code is shall prevent the fraudulent or other misuse ‘‘(v) DISCLOSURE OF INFORMATION REGARD- amended by adding at the end the following of a social security account number by es- ING EMPLOYEES OF CERTAIN DESIGNATED EM- new sentence: ‘‘The Commissioner of Social tablishing procedures under which an indi- PLOYERS.—Taxpayer identity information of Security shall provide to the Secretary such vidual who has been assigned a social secu- all employees (within the meaning of section information as the Secretary may require in rity account number may block the use of 6051) of each person who is required to par- carrying out this paragraph with respect to such number under the System and remove ticipate in the System under section return information inspected or disclosed such block. 274A(d)(3)(B) of the Immigration and Nation- under the authority of subsection (l)(21).’’. ‘‘(J) In assigning social security account ality Act. (C) Section 6103(p)(4) of such Code is numbers to aliens who are authorized to ‘‘(vi) DISCLOSURE OF NEW HIRE TAXPAYER amended— work in the United States under section 218A IDENTITY INFORMATION.—Taxpayer identity (i) by striking ‘‘or (17)’’ both places it ap- of the Immigration and Nationality Act, the information of each person participating in pears and inserting ‘‘(17), or (21)’’, and Commissioner of Social Security shall, to the System and taxpayer identity informa- (ii) by striking ‘‘or (20)’’ each place it ap- the maximum extent practicable, assign tion of all employees (within the meaning of pears and inserting ‘‘(20), or (21)’’. such numbers by employing the enumeration section 6051) of such person hired during the (D) Section 6103(p)(8)(B) of such Code is procedure administered jointly by the Com- period beginning with the later of— amended by inserting ‘‘or paragraph (9)’’ missioner, the Secretary of State, and the ‘‘(I) the date such person begins to partici- after ‘‘subparagraph (A)’’. Secretary.’’. pate in the System, or (E) Section 7213(a)(2) of such Code is (e) DISCLOSURE OF CERTAIN TAXPAYER IDEN- ‘‘(II) the date of the request immediately amended by striking ‘‘or (20)’’ and inserting TITY INFORMATION.— preceding the most recent request under this ‘‘(20), or (21)’’. (1) IN GENERAL.—Section 6103(l) of the In- clause, ternal Revenue Code of 1986 is amended by ending with the date of the most recent re- (f) AUTHORIZATION OF APPROPRIATIONS.— adding at the end the following new para- quest under this clause. (1) IN GENERAL.—There are authorized to be appropriated to the Secretary such sums as graph: ‘‘(B) RESTRICTION ON DISCLOSURE.—The are necessary to carry out the amendments ‘‘(21) DISCLOSURE OF CERTAIN TAXPAYER Commissioner of Social Security shall dis- made by this section. IDENTITY INFORMATION BY SOCIAL SECURITY close taxpayer identity information under (2) LIMITATION ON VERIFICATION RESPON- ADMINISTRATION TO DEPARTMENT OF HOME- subparagraph (A) only for purposes of, and to SIBILITIES OF COMMISSIONER OF SOCIAL SECU- LAND SECURITY.— the extent necessary in— RITY.—The Commissioner of Social Security ‘‘(A) IN GENERAL.—From taxpayer identity ‘‘(i) establishing and enforcing employer information which has been disclosed to the participation in the System, is authorized to perform activities with re- Social Security Administration and upon ‘‘(ii) carrying out, including through civil spect to carrying out the Commissioner’s re- written request by the Secretary of Home- administrative and civil judicial pro- sponsibilities in this title or the amend- land Security, the Commissioner of Social ceedings, of sections 212, 217, 235, 237, 238, ments made by this title, but only to the ex- Security shall disclose directly to officers, 274A, 274B, and 274C of the Immigration and tent the Secretary has provided, in advance, employees, and contractors of the Depart- Nationality Act, and funds to cover the Commissioner’s full costs ment of Homeland Security the following in- ‘‘(iii) the civil operation of the Alien Ter- in carrying out such responsibilities. In no formation: rorist Removal Court. case shall funds from the Federal Old-Age and Survivors Insurance Trust Fund or the ‘‘(i) DISCLOSURE OF EMPLOYER NO-MATCH NO- ‘‘(C) REIMBURSEMENT.—The Commissioner Federal Disability Insurance Trust Fund be TICES.—Taxpayer identity information of of Social Security shall prescribe a reason- each person who has filed an information re- able fee schedule for furnishing taxpayer used to carry out such responsibilities. turn required by reason of section 6051 dur- identity information under this paragraph (g) EFFECTIVE DATES.—

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(1) IN GENERAL.—The amendments made by ‘‘(iv) granted asylum under section 208; structure of and quality of life in the United subsections (a), (b), (c), and (d) shall take ef- ‘‘(v) granted the status of a nonimmigrant States. fect on the date that is 180 days after the under section 101(a)(15)(H)(ii)(c); (c) REPORT.—Not later than 90 days after date of the enactment of this Act. ‘‘(vi) granted temporary protected status the date of the enactment of this Act, the (2) SUBSECTION (e).— under section 244; or (A) IN GENERAL.—The amendments made ‘‘(vii) granted parole under section Director of the Bureau of the Census shall by subsection (e) shall apply to disclosures 212(d)(5).’’. submit to Congress a report on the findings made after the date of the enactment of this (c) REQUIREMENTS FOR ELECTRONIC EMPLOY- of the study required by subsection (b), in- Act. MENT VERIFICATION.—Section 274B(a) (8 cluding the following information: (B) CERTIFICATIONS.—The first certification U.S.C. 1324b(a)) is amended by adding at the (1) An estimate of the total legal and ille- under section 6103(p)(9)(D) of the Internal end the following: gal immigrant populations of the United Revenue Code of 1986, as added by subsection ‘‘(7) ANTIDISCRIMINATION REQUIREMENTS OF States, as they relate to the total popu- (e)(2), shall be made with respect to calendar THE ELECTRONIC EMPLOYMENT VERIFICATION lation. year 2007. SYSTEM.—It is an unfair immigration-related (2) The projected impact of legal and ille- SEC. 302. EMPLOYER COMPLIANCE FUND. employment practice for a person or other gal immigration on the size of the popu- Section 286 (8 U.S.C. 1356) is amended by entity, in the course of the electronic lation of the United States over the next 50 adding at the end the following new sub- verification process described in section years, which regions of the country are like- section: 274A(d)— ly to experience the largest increases, which ‘‘(w) EMPLOYER COMPLIANCE FUND.— ‘‘(A) to terminate or undertake any ad- small towns and rural counties are likely to ‘‘(1) IN GENERAL.—There is established in verse employment action due to a tentative lose their character as a result of such the general fund of the Treasury, a separate nonconfirmation; growth, and how the proposed regulations account, which shall be known as the ‘Em- ‘‘(B) to use the verification system for would affect these projections. ployer Compliance Fund’ (referred to in this screening of an applicant prior to an offer of (3) The impact of the current and projected subsection as the ‘Fund’). employment; foreign-born populations on the natural envi- ‘‘(2) DEPOSITS.—There shall be deposited as ‘‘(C) except as described in section ronment, including the consumption of non- offsetting receipts into the Fund all civil 274A(d)(3)(B), to use the verification system renewable resources, waste production and monetary penalties collected by the Sec- for a current employee after the first 3 days disposal, the emission of pollutants, and the retary of Homeland Security under section of employment, or for the reverification of loss of habitat and productive farmland, an 274A. an employee after the employee has satisfied estimate of the public expenditures required ‘‘(3) PURPOSE.—Amounts refunded to the the process described in section 274A(d); or to maintain current standards in each of Secretary from the Fund shall be used for ‘‘(D) to require an individual to make an these areas, the degree to which current the purposes of enhancing and enforcing em- inquiry under the self-verification proce- standards will deteriorate if such expendi- ployer compliance with section 274A. dures established in section tures are not forthcoming, and the addi- ‘‘(4) AVAILABILITY OF FUNDS.—Amounts de- 274A(d)(8)(E)(iii).’’. tional effects the proposed regulations would posited into the Fund shall remain available (d) INCREASE IN CIVIL MONEY PENALTIES.— have. until expended and shall be refunded out of Section 274B(g)(2) (8 U.S.C. 1324b(g)(2)) is (4) The impact of the current and projected the Fund by the Secretary of the Treasury, amended— foreign-born populations on employment and at least on a quarterly basis, to the Sec- (1) in subparagraph (B)(iv)— wage rates, particularly in industries such as retary of Homeland Security.’’. (A) in subclause (I), by striking ‘‘$250 and agriculture and services in which the foreign SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT not more than $2,000’’ and inserting ‘‘$1,000 born are concentrated, an estimate of the as- AND FRAUD DETECTION AGENTS. and not more than $4,000’’; sociated public costs, and the additional ef- (a) INCREASE IN NUMBER OF PERSONNEL.— (B) in subclause (II), by striking ‘‘$2,000 fects the proposed regulations would have. The Secretary shall, subject to the avail- and not more than $5,000’’ and inserting (5) The impact of the current and projected ability of appropriations for such purpose, ‘‘$4,000 and not more than $10,000’’; foreign-born populations on the need for ad- annually increase, by not less than 2,200, the (C) in subclause (III), by striking ‘‘$3,000 ditions and improvements to the transpor- number of personnel of the Bureau of Immi- and not more than $10,000’’ and inserting tation infrastructure of the United States, gration and Customs Enforcement during the ‘‘$6,000 and not more than $20,000’’; and an estimate of the public expenditures re- 5-year period beginning on the date of the (D) in subclause (IV), by striking ‘‘$100 and quired to meet this need, the impact on enactment of this Act. not more than $1,000’’ and inserting ‘‘$500 and Americans’ mobility if such expenditures are (b) USE OF PERSONNEL.—The Secretary not more than $5,000’’. not forthcoming, and the additional effect (e) INCREASED FUNDING OF INFORMATION shall ensure that not less than 25 percent of the proposed regulations would have. CAMPAIGN.—Section 274B(l)(3) (8 U.S.C. all the hours expended by personnel of the (6) The impact of the current and projected 1324b(l)(3)) is amended by inserting ‘‘and an Bureau of Immigration and Customs En- foreign-born populations on enrollment, additional $40,000,000 for each of fiscal years forcement shall be used to enforce compli- class size, teacher-student ratios, and the 2007 through 2009’’ before the period at the ance with sections 274A and 274C of the Im- quality of education in public schools, an es- end. migration and Nationality Act (8 U.S.C. timate of the public expenditures required to (f) EFFECTIVE DATE.—The amendments 1324a and 1324c). maintain current median standards, the de- made by this section shall take effect on the (c) AUTHORIZATION OF APPROPRIATIONS.— gree to those standards will deteriorate if date that is 180 days after the date of the en- There are authorized to be appropriated to such expenditures are not forthcoming, and actment of this Act and shall apply to viola- the Secretary for each of the fiscal years 2007 the additional effect the proposed regula- tions occurring on or after such date. through 2011 such sums as may be necessary tions would have. to carry out this section. TITLE IV—NONIMMIGRANT AND (7) The impact of the current and projected SEC. 304. CLARIFICATION OF INELIGIBILITY FOR IMMIGRANT VISA REFORM foreign-born populations on home ownership MISREPRESENTATION. Subtitle A—Temporary Guest Workers rates, housing prices, and the demand for Section 212(a)(6)(C)(ii)(I) (8 U.S.C. SEC. 401. IMMIGRATION IMPACT STUDY. low-income and subsidized housing, the pub- 1182(a)(6)(C)(ii)(I)), is amended by striking (a) EFFECTIVE DATE.—Any regulation that lic expenditures required to maintain cur- ‘‘citizen’’ and inserting ‘‘national’’. would increase the number of aliens who are rent median standards in these areas, the de- SEC. 305. ANTIDISCRIMINATION PROTECTIONS. eligible for legal status may not take effect gree to which those standards will deterio- (a) APPLICATION OF PROHIBITION OF DIS- before 90 days after the date on which the Di- rate if such expenditures are not forth- CRIMINATION TO VERIFICATION SYSTEM.—Sec- rector of the Bureau of the Census submits a coming, and the additional effect the pro- tion 274B(a)(1) (8 U.S.C. 1324b(a)(1)) is amend- report to Congress under subsection (c). posed regulations would have. ed by inserting ‘‘, the verification of the in- (b) STUDY.—The Director of the Bureau of (8) The impact of the current and projected dividual’s work authorization through the the Census, jointly with the Secretary, the foreign-born populations on access to quality Electronic Employment Verification System Secretary of Agriculture, the Secretary of health care and on the cost of health care described in section 274A(d),’’ after ‘‘the indi- Education, the Secretary of Energy, the Sec- and health insurance, an estimate of the vidual for employment’’. retary of Health and Human Services, the public expenditures required to maintain (b) CLASSES OF ALIENS AS PROTECTED INDI- Secretary of Housing and Urban Develop- current median standards, the degree to VIDUALS.—Section 274B(a)(3)(B) (8 U.S.C. ment, the Secretary of the Interior, the Sec- which those standards will deteriorate if 1324b(a)(3)(B)) is amended to read as follows: retary of Labor, the Secretary of Transpor- such expenditures are not forthcoming, and ‘‘(B) is an alien who is— tation, the Secretary of the Treasury, the the additional effect the proposed regula- ‘‘(i) lawfully admitted for permanent resi- Attorney General, and the Administrator of tions would have. dence; the Environmental Protection Agency, shall (9) The impact of the current and projected ‘‘(ii) granted the status of an alien lawfully undertake a study examining the impacts of foreign-born populations on the criminal jus- admitted for temporary residence under sec- the current and proposed annual grants of tice system in the United States, an esti- tion 210(a) or 245(a)(1); legal status, including immigrant and non- mate of the associated public costs, and the ‘‘(iii) admitted as a refugee under section immigrant status, along with the current additional effect the proposed regulations 207; level of illegal immigration, on the infra- would have.

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SEC. 402. NONIMMIGRANT TEMPORARY WORKER. ‘‘(iii) who— ‘‘(C) KNOWLEDGE.—The alien shall include (a) TEMPORARY WORKER CATEGORY.—Sec- ‘‘(a) has a residence in a foreign country with the application submitted under this tion 101(a)(15)(H) (8 U.S.C. 1101(a)(15)(H)) is which the alien has no intention of aban- paragraph a signed certification in which the amended to read as follows: doning; and alien certifies that— ‘‘(H) an alien— ‘‘(b) is coming temporarily to the United ‘‘(i) the alien has read and understands all ‘‘(i)(b) subject to section 212(j)(2)— States as a trainee (other than to receive of the questions and statements on the appli- ‘‘(aa) who is coming temporarily to the graduate medical education or training) in a cation form; United States to perform services (other training program that is not designed pri- ‘‘(ii) the alien certifies under penalty of than services described in clause (ii)(a) or marily to provide productive employment; or perjury under the laws of the United States subparagraph (O) or (P)) in a specialty occu- ‘‘(iv) who— that the application, and any evidence sub- pation described in section 214(i)(1) or as a ‘‘(a) is the spouse or a minor child of an mitted with it, are all true and correct; and fashion model; alien described in this subparagraph; and ‘‘(iii) the applicant authorizes the release ‘‘(bb) who meets the requirements for the ‘‘(b) is accompanying or following to join of any information contained in the applica- occupation specified in section 214(i)(2) or, in such alien.’’. tion and any attached evidence for law en- the case of a fashion model, is of distin- (b) EFFECTIVE DATE AND APPLICATION.—The forcement purposes. guished merit and ability; and amendment made by subsection (a) shall ‘‘(c) GROUNDS OF INADMISSIBILITY.— ‘‘(cc) with respect to whom the Secretary take effect on the date that is 18 months ‘‘(1) IN GENERAL.—In determining an alien’s of Labor determines and certifies to the Sec- after the date that not less than $400,000,000 admissibility as an H–2C nonimmigrant— retary of Homeland Security that the in- have been appropriated and made available ‘‘(A) paragraphs (5), (6)(A), (7), (9)(B), and tending employer has filed an application to the Secretary to implement the Elec- (9)(C) of section 212(a) may be waived for with the Secretary in accordance with sec- tronic Employment Verification System es- conduct that occurred before the effective tion 212(n)(1); tablished under 274A(d) of the Immigration date of the Comprehensive Immigration Re- ‘‘(b1)(aa) who is entitled to enter the and Nationality Act, as amended by section form Act of 2006; United States under the provisions of an 301(a), with respect to aliens, who, on such ‘‘(B) the Secretary of Homeland Security agreement listed in section 214(g)(8)(A); effective date, are outside of the United may not waive the application of— ‘‘(bb) who is engaged in a specialty occupa- States. ‘‘(i) subparagraph (A), (B), (C), (E), (G), (H), tion described in section 214(i)(3); and or (I) of section 212(a)(2) (relating to crimi- ‘‘(cc) with respect to whom the Secretary SEC. 403. ADMISSION OF NONIMMIGRANT TEM- PORARY GUEST WORKERS. nals); of Labor determines and certifies to the Sec- ‘‘(ii) section 212(a)(3) (relating to security (a) TEMPORARY GUEST WORKERS.— retary of Homeland Security and the Sec- and related grounds); or (1) IN GENERAL.—Chapter 2 of title II (8 retary of State that the intending employer ‘‘(iii) subparagraph (A), (C) or (D) of sec- has filed an attestation with the Secretary U.S.C. 1181 et seq.) is amended by inserting after section 218 the following: tion 212(a)(10) (relating to polygamists and of Labor in accordance with section 212(t)(1); child abductors); and or ‘‘SEC. 218A. ADMISSION OF H–2C NON- ‘‘(C) for conduct that occurred before the IMMIGRANTS. ‘‘(c)(aa) who is coming temporarily to the date of the enactment of the Comprehensive ‘‘(a) AUTHORIZATION.—The Secretary of United States to perform services as a reg- Immigration Reform Act of 2006, the Sec- State may grant a temporary visa to an H– istered nurse; retary of Homeland Security may waive the 2C nonimmigrant who demonstrates an in- ‘‘(bb) who meets the qualifications de- application of any provision of section 212(a) tent to perform labor or services in the scribed in section 212(m)(1); and not listed in subparagraph (B) on behalf of an United States (other than the labor or serv- ‘‘(cc) with respect to whom the Secretary individual alien— ices described in clause (i)(b) or (ii)(a) of sec- of Labor determines and certifies to the Sec- ‘‘(i) for humanitarian purposes; tion 101(a)(15)(H) or subparagraph (L), (O), retary of Homeland Security that an unex- ‘‘(ii) to ensure family unity; or (P), or (R)) of section 101(a)(15). pired attestation is on file and in effect ‘‘(iii) if such a waiver is otherwise in the ‘‘(b) REQUIREMENTS FOR ADMISSION.—An under section 212(m)(2) for the facility (as de- public interest. fined in section 212(m)(6)) for which the alien alien shall be eligible for H–2C non- ‘‘(2) RENEWAL OF AUTHORIZED ADMISSION will perform the services; or immigrant status if the alien meets the fol- AND SUBSEQUENT ADMISSIONS.—An alien seek- lowing requirements: ‘‘(ii)(a) who— ing renewal of authorized admission or sub- ‘‘(aa) has a residence in a foreign country ‘‘(1) ELIGIBILITY TO WORK.—The alien shall sequent admission as an H–2C nonimmigrant which the alien has no intention of aban- establish that the alien is capable of per- shall establish that the alien is not inadmis- doning; and forming the labor or services required for an sible under section 212(a). ‘‘(bb) is coming temporarily to the United occupation under section 101(a)(15)(H)(ii)(c). ‘‘(d) BACKGROUND CHECKS.—The Secretary States to perform agricultural labor or serv- ‘‘(2) EVIDENCE OF EMPLOYMENT.—The alien of Homeland Security shall not admit, and ices (as defined by the Secretary of Labor), shall establish that the alien has received a the Secretary of State shall not issue a visa including agricultural labor (as defined in job offer from an employer who has complied to, an alien seeking H–2C nonimmigrant sta- section 3121(g) of the Internal Revenue Code with the requirements of 218B. tus unless all appropriate background checks of 1986), agriculture (as defined in section 3(f) ‘‘(3) FEE.—The alien shall pay a $500 visa have been completed. of the Fair Labor Standards Act of 1938 (29 issuance fee in addition to the cost of proc- ‘‘(e) INELIGIBLE TO CHANGE NONIMMIGRANT U.S.C. 203(f))), and the pressing of apples for essing and adjudicating such application. CLASSIFICATION.—An H–2C nonimmigrant cider on a farm, of a temporary or seasonal Nothing in this paragraph shall be construed may not change nonimmigrant classification nature; to affect consular procedures for charging re- under section 248. ‘‘(b) who— ciprocal fees. ‘‘(f) PERIOD OF AUTHORIZED ADMISSION.— ‘‘(aa) has a residence in a foreign country ‘‘(4) MEDICAL EXAMINATION.—The alien ‘‘(1) AUTHORIZED PERIOD AND RENEWAL.— which the alien has no intention of aban- shall undergo a medical examination (includ- The initial period of authorized admission as doning; ing a determination of immunization status), an H–2C nonimmigrant shall be 3 years, and ‘‘(bb) is coming temporarily to the United at the alien’s expense, that conforms to gen- the alien may seek 1 extension for an addi- States to perform nonagricultural work or erally accepted standards of medical prac- tional 3-year period. services of a temporary or seasonal nature (if tice. ‘‘(2) INTERNATIONAL COMMUTERS.—An alien unemployed persons capable of performing ‘‘(5) APPLICATION CONTENT AND WAIVER.— who resides outside the United States and such work or services cannot be found in the ‘‘(A) APPLICATION FORM.—The alien shall commutes into the United States to work as United States), excluding medical school submit to the Secretary a completed applica- an H–2C nonimmigrant, is not subject to the graduates coming to the United States to tion, on a form designed by the Secretary of time limitations under paragraph (1). perform services as members of the medical Homeland Security, including proof of evi- ‘‘(3) LOSS OF EMPLOYMENT.— profession; or dence of the requirements under paragraphs ‘‘(A) IN GENERAL.— ‘‘(c) who— (1) and (2). ‘‘(i) PERIOD OF UNEMPLOYMENT.—Subject to ‘‘(aa) has a residence in a foreign country ‘‘(B) CONTENT.—In addition to any other in- clause (ii) and subsection (c), the period of which the alien has no intention of aban- formation that the Secretary requires to de- authorized admission of an H–2C non- doning; termine an alien’s eligibility for H–2C non- immigrant shall terminate if the alien is un- ‘‘(bb) is coming temporarily to the United immigrant status, the Secretary shall re- employed for 60 or more consecutive days. States to perform temporary labor or serv- quire an alien to provide information con- ‘‘(ii) EXCEPTION.—The period of authorized ices other than the labor or services de- cerning the alien’s— admission of an H–2C nonimmigrant shall scribed in clause (i)(b), (i)(c), (ii)(a), or (iii), ‘‘(i) physical and mental health; not terminate if the alien is unemployed for or subparagraph (L), (O), (P), or (R) (if unem- ‘‘(ii) criminal history and gang member- 60 or more consecutive days if such unem- ployed persons capable of performing such ship; ployment is caused by— labor or services cannot be found in the ‘‘(iii) immigration history; and ‘‘(I) a period of physical or mental dis- United States); and ‘‘(iv) involvement with groups or individ- ability of the alien or the spouse, son, daugh- ‘‘(cc) meets the requirements of section uals that have engaged in terrorism, geno- ter, or parent (as defined in section 101 of the 218A, including the filing of a petition under cide, persecution, or who seek the overthrow Family and Medical Leave Act of 1993 (29 such section on behalf of the alien; of the United States Government. U.S.C. 2611)) of the alien;

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00082 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9941 ‘‘(II) a period of vacation, medical leave, of such alien’s application for H–2C non- ‘‘(A) a worker whose job, wages, or work- maternity leave, or similar leave from em- immigrant status. ing conditions are adversely affected by the ployment authorized by employer policy, ‘‘(h) PENALTY FOR FAILURE TO DEPART.—If violation; and State law, or Federal law; or an H–2C nonimmigrant fails to depart the ‘‘(B) a representative for workers whose ‘‘(III) any other period of temporary unem- United States before the date which is 10 jobs, wages, or working conditions are ad- ployment caused by circumstances beyond days after the date that the alien’s author- versely affected by the violation who brings the control of the alien. ized period of admission as an H–2C non- a complaint on behalf of such worker. ‘‘(B) RETURN TO FOREIGN RESIDENCE.—Any immigrant terminates, the H–2C non- ‘‘(2) AREA OF EMPLOYMENT.—The terms alien whose period of authorized admission immigrant may not apply for or receive any ‘area of employment’ and ‘area of intended terminates under subparagraph (A) shall be immigration relief or benefit under this Act employment’ mean the area within normal required to leave the United States. or any other law, except for relief under sec- commuting distance of the worksite or phys- ‘‘(C) PERIOD OF VISA VALIDITY.—Any alien, tions 208 and 241(b)(3) and relief under the ical location at which the work of the tem- whose period of authorized admission termi- Convention Against Torture and Other porary worker is or will be performed. If nates under subparagraph (A), who leaves Cruel, Inhuman or Degrading Treatment or such worksite or location is within a Metro- the United States under subparagraph (B), Punishment, for an alien who indicates ei- politan Statistical Area, any place within ther an intention to apply for asylum under may reenter the United States as an H–2C such area is deemed to be within the area of section 208 or a fear of persecution or tor- nonimmigrant to work for an employer, if employment. ture. the alien has complied with the require- ‘‘(3) ELIGIBLE INDIVIDUAL.—The term ‘eligi- ‘‘(i) PENALTY FOR ILLEGAL ENTRY OR OVER- ments of subsection (b). The Secretary may, ble individual’ means, with respect to em- STAY.—Any alien who enters, attempts to in the Secretary’s sole and unreviewable dis- enter, or crosses the border after the date of ployment, an individual who is not an unau- cretion, reauthorize such alien for admission the enactment of this section, and is phys- thorized alien (as defined in section 274A) as an H–2C nonimmigrant without requiring ically present in the United States after such with respect to that employment. the alien’s departure from the United States. date in violation of this Act or of any other ‘‘(4) EMPLOY; EMPLOYEE; EMPLOYER.—The ‘‘(4) VISITS OUTSIDE UNITED STATES.— Federal law, may not receive, for a period of terms ‘employ’, ‘employee’, and ‘employer’ ‘‘(A) IN GENERAL.—Under regulations estab- 10 years— have the meanings given such terms in sec- lished by the Secretary of Homeland Secu- ‘‘(1) any relief under section 240A(a), tion 3 of the Fair Labor Standards Act of rity, an H–2C nonimmigrant— 240A(b)(1), or 240B; or 1938 (29 U.S.C. 203). ‘‘(i) may travel outside of the United ‘‘(2) nonimmigrant status under section ‘‘(5) FOREIGN LABOR CONTRACTOR.—The States; and 101(a)(15) (except subparagraphs (T) and (U)). term ‘foreign labor contractor’ means any ‘‘(ii) may be readmitted without having to ‘‘(j) PORTABILITY.—A nonimmigrant alien person who for any compensation or other obtain a new visa if the period of authorized described in this section, who was previously valuable consideration paid or promised to admission has not expired. issued a visa or otherwise provided H–2C non- be paid, performs any foreign labor con- ‘‘(B) EFFECT ON PERIOD OF AUTHORIZED AD- immigrant status, may accept a new offer of tracting activity. MISSION.—Time spent outside the United employment with a subsequent employer, ‘‘(6) FOREIGN LABOR CONTRACTING ACTIV- States under subparagraph (A) shall not ex- if— ITY.—The term ‘foreign labor contracting ac- tend the period of authorized admission in ‘‘(1) the employer complies with section tivity’ means recruiting, soliciting, hiring, the United States. 218B; and employing, or furnishing, an individual who ‘‘(5) BARS TO EXTENSION OR ADMISSION.—An ‘‘(2) the alien, after lawful admission to the resides outside of the United States for em- alien may not be granted H–2C non- United States, did not work without author- ployment in the United States as a non- immigrant status, or an extension of such ization. immigrant alien described in section status, if— ‘‘(k) CHANGE OF ADDRESS.—An H–2C non- 101(a)(15)(H)(ii)(c). ‘‘(A) the alien has violated any material immigrant shall comply with the change of ‘‘(7) H–2C NONIMMIGRANT.—The term ‘H–2C term or condition of such status granted pre- address reporting requirements under sec- nonimmigrant’ means a nonimmigrant de- viously, including failure to comply with the tion 265 through either electronic or paper scribed in section 101(a)(15)(H)(ii)(c). change of address reporting requirements notification. ‘‘(8) SEPARATION FROM EMPLOYMENT.—The under section 265; ‘‘(l) COLLECTION OF FEES.—All fees col- term ‘separation from employment’ means ‘‘(B) the alien is inadmissible as a non- lected under this section shall be deposited the worker’s loss of employment, other than in the Treasury in accordance with section immigrant; or through a discharge for inadequate perform- 286(c). ‘‘(C) the granting of such status or exten- ance, violation of workplace rules, cause, ‘‘(m) ISSUANCE OF H–4 NONIMMIGRANT VISAS sion of such status would allow the alien to voluntary departure, voluntary retirement, FOR SPOUSE AND CHILDREN.— exceed 6 years as an H–2C nonimmigrant, un- or the expiration of a grant or contract. The ‘‘(1) IN GENERAL.—The alien spouse and less the alien has resided and been physically children of an H–2C nonimmigrant (referred term does not include any situation in which present outside the United States for at least to in this section as ‘dependent aliens’) who the worker is offered, as an alternative to 1 year after the expiration of such H–2C non- are accompanying or following to join the H– such loss of employment, a similar employ- immigrant status. 2C nonimmigrant may be issued non- ment opportunity with the same employer at ‘‘(g) EVIDENCE OF NONIMMIGRANT STATUS.— immigrant visas under section equivalent or higher compensation and bene- Each H–2C nonimmigrant shall be issued doc- 101(a)(15)(H)(iv). fits than the position from which the em- ployee was discharged, regardless of whether umentary evidence of nonimmigrant status, ‘‘(2) REQUIREMENTS FOR ADMISSION.—A de- which— pendent alien is eligible for nonimmigrant the employee accepts the offer. Nothing in ‘‘(1) shall be machine-readable, tamper-re- status under 101(a)(15)(H)(iv) if the dependent this paragraph shall limit an employee’s sistant, and allow for biometric authentica- alien meets the following requirements: rights under a collective bargaining agree- ment or other employment contract. tion; ‘‘(A) ELIGIBILITY.—The dependent alien is ‘‘(2) shall be designed in consultation with admissible as a nonimmigrant and does not ‘‘(9) UNITED STATES WORKER.—The term the Forensic Document Laboratory of the fall within a class of aliens ineligible for H– ‘United States worker’ means an employee Bureau of Immigration and Customs En- 4A nonimmigrant status listed under sub- who is— forcement; section (c). ‘‘(A) a citizen or national of the United States; or ‘‘(3) shall, during the alien’s authorized pe- ‘‘(B) MEDICAL EXAMINATION.—Before a non- riod of admission under subsection (f), serve immigrant visa is issued to a dependent alien ‘‘(B) an alien who is— as a valid entry document for the purpose of under this subsection, the dependent alien ‘‘(i) lawfully admitted for permanent resi- applying for admission to the United shall submit to a medical examination (in- dence; States— cluding a determination of immunization ‘‘(ii) admitted as a refugee under section ‘‘(A) instead of a passport and visa if the status) at the alien’s expense, that conforms 207; alien— to generally accepted standards of medical ‘‘(iii) granted asylum under section 208; or ‘‘(i) is a national of a foreign territory con- practice. ‘‘(iv) otherwise authorized, under this Act or by the Secretary of Homeland Security, to tiguous to the United States; and ‘‘(C) BACKGROUND CHECKS.—Before a non- ‘‘(ii) is applying for admission at a land immigrant visa is issued to a dependent alien be employed in the United States.’’. border port of entry; and under this section, the consular officer shall (2) CLERICAL AMENDMENT.—The table of ‘‘(B) in conjunction with a valid passport, conduct such background checks as the Sec- contents for the Immigration and Nation- if the alien is applying for admission at an retary of State, in consultation with the ality Act (8 U.S.C. 1101 et seq.) is amended by air or sea port of entry; Secretary of Homeland Security, considers inserting after the item relating to section ‘‘(4) may be accepted during the period of appropriate. 218 the following: its validity by an employer as evidence of ‘‘(n) DEFINITIONS.—In this section and sec- ‘‘Sec. 218A. Admission of temporary H–2C employment authorization and identity tions 218B, 218C, and 218D: workers’’. under section 274A(b)(1)(B); and ‘‘(1) AGGRIEVED PERSON.—term ‘aggrieved SEC. 404. EMPLOYER OBLIGATIONS. ‘‘(5) shall be issued to the H–2C non- person’ means a person adversely affected by (a) IN GENERAL.—Title II (8 U.S.C. 1201 et immigrant by the Secretary of Homeland Se- an alleged violation of this section, includ- seq.) is amended by inserting after section curity promptly after the final adjudication ing— 218A, as added by section 403, the following:

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‘‘SEC. 218B. EMPLOYER OBLIGATIONS. ‘‘(C) PREVAILING WAGE LEVEL.—For pur- ‘‘(7) RECRUITMENT.—Except where the Sec- ‘‘(a) GENERAL REQUIREMENTS.—Each em- poses of subparagraph (A)(ii), the prevailing retary of Labor has determined that there is ployer who employs an H–2C nonimmigrant wage level shall be determined in accordance a shortage of United States workers in the shall— as follows: occupation and area of intended employment ‘‘(1) file a petition in accordance with sub- ‘‘(i) If the job opportunity is covered by a for which the H–2C nonimmigrant is section (b); and collective bargaining agreement between a sought— ‘‘(2) pay the appropriate fee, as determined union and the employer, the prevailing wage ‘‘(A) there are not sufficient workers who by the Secretary of Labor. shall be the wage rate set forth in the collec- are able, willing, and qualified, and who will ‘‘(b) REQUIRED PROCEDURE.—Except where tive bargaining agreement. be available at the time and place needed, to the Secretary of Labor has determined that ‘‘(ii) If the job opportunity is not covered perform the labor or services involved in the there is a shortage of United States workers by such an agreement and it is in an occupa- petition; and in the occupation and area of intended em- tion that is covered by a wage determination ‘‘(B) good faith efforts have been taken to ployment to which the H–2C nonimmigrant is sought— under a provision of subchapter IV of chapter recruit United States workers, in accordance 31 of title 40, United States Code, or the with regulations promulgated by the Sec- ‘‘(1) EFFORTS TO RECRUIT UNITED STATES Service Contract Act of 1965 (41 U.S.C. 351 et retary of Labor, which efforts included— WORKERS.—During the period beginning not later than 90 days prior to the date on which seq.), the prevailing wage level shall be the ‘‘(i) the completion of recruitment during a petition is filed under subsection (a)(1), and appropriate statutory wage. the period beginning on the date that is 90 ending on the date that is 14 days prior to ‘‘(iii)(I) If the job opportunity is not cov- days before the date on which the petition the date on which the petition is filed, the ered by such an agreement and it is in an oc- was filed with the Department of Homeland employer involved shall take the following cupation that is not covered by a wage deter- Security and ending on the date that is 14 steps to recruit United States workers for mination under a provision of subchapter IV days before such filing date; and the position for which the H–2C non- of chapter 31 of title 40, United States Code, ‘‘(ii) the actual wage paid by the employer immigrant is sought under the petition: or the Service Contract Act of 1965 (41 U.S.C. for the occupation in the areas of intended ‘‘(A) Submit a copy of the job opportunity, 351 et seq.), the prevailing wage level shall be employment was used in conducting recruit- including a description of the wages and based on published wage data for the occupa- ment. other terms and conditions of employment tion from the Bureau of Labor Statistics, in- ‘‘(8) INELIGIBILITY.—The employer is not and the minimum education, training, expe- cluding the Occupational Employment Sta- currently ineligible from using the H–2C non- rience and other requirements of the job, to tistics survey, Current Employment Statis- immigrant program described in this sec- the State Employment Service Agency that tics data, National Compensation Survey, tion. serves the area of employment in the State and Occupational Employment Projections ‘‘(9) BONAFIDE OFFER OF EMPLOYMENT.—The in which the employer is located. program. If the Bureau of Labor Statistics job for which the H–2C nonimmigrant is ‘‘(B) Authorize the State Employment does not have wage data applicable to such sought is a bona fide job— Service Agency to post the job opportunity occupation, the employer may base the pre- ‘‘(A) for which the employer needs labor or on the Internet through the website for vailing wage level on another wage survey services; America’s Job Bank, with local job banks, approved by the Secretary of Labor. ‘‘(B) which has been and is clearly open to and with unemployment agencies and other ‘‘(II) The Secretary shall promulgate regu- any United States worker; and labor referral and recruitment sources perti- lations applicable to approval of such other ‘‘(C) for which the employer will be able to nent to the job involved. wage surveys that require, among other place the H–2C nonimmigrant on the payroll. ‘‘(C) Authorize the State Employment things, that the Bureau of Labor Statistics ‘‘(10) PUBLIC AVAILABILITY AND RECORDS RE- Service Agency to notify labor organizations determine such surveys are statistically via- TENTION.—A copy of each petition filed under in the State in which the job is located, and ble. this section and documentation supporting if applicable, the office of the local union ‘‘(3) WORKING CONDITIONS.—All workers in each attestation, in accordance with regula- which represents the employees in the same the occupation at the place of employment tions promulgated by the Secretary of or substantially equivalent job classification at which the H–2C nonimmigrant will be em- Labor, will— of the job opportunity. ployed will be provided the working condi- ‘‘(A) be provided to every H–2C non- ‘‘(D) Post the availability of the job oppor- tions and benefits that are normal to work- immigrant employed under the petition; tunity for which the employer is seeking a ers similarly employed in the area of in- ‘‘(B) be made available for public examina- worker in conspicuous locations at the place tended employment. tion at the employer’s place of business or of employment for all employees to see. ‘‘(4) LABOR DISPUTE.—There is not a strike, work site; ‘‘(2) EFFORTS TO EMPLOY UNITED STATES lockout, or work stoppage in the course of a ‘‘(C) be made available to the Secretary of WORKERS.—An employer that seeks to em- labor dispute in the occupation at the place Labor during any audit; and ploy an H–2C nonimmigrant shall— of employment at which the H–2C non- ‘‘(D) remain available for examination for ‘‘(A) first offer the job to any eligible immigrant will be employed. If such strike, 5 years after the date on which the petition United States worker who applies, is quali- lockout, or work stoppage occurs following is filed. fied for the job and is available at the time submission of the petition, the employer will ‘‘(11) NOTIFICATION UPON SEPARATION FROM of need, notwithstanding any other valid em- provide notification in accordance with regu- OR TRANSFER OF EMPLOYMENT.—The employer ployment criteria. lations promulgated by the Secretary of will notify the Secretary of Labor and the ‘‘(c) PETITION.—A petition to hire an H–2C Labor. Secretary of Homeland Security of an H–2C nonimmigrant under this section shall in- ‘‘(5) PROVISION OF INSURANCE.—If the posi- nonimmigrant’s separation from employ- clude an attestation by the employer of the tion for which the H–2C nonimmigrant is ment or transfer to another employer not following: sought is not covered by the State workers’ more than 3 business days after the date of ‘‘(1) PROTECTION OF UNITED STATES WORK- compensation law, the employer will pro- such separation or transfer, in accordance ERS.—The employment of an H–2C non- vide, at no cost to the H–2C nonimmigrant, with regulations promulgated by the Sec- immigrant— insurance covering injury and disease arising retary of Homeland Security. ‘‘(A) will not adversely affect the wages out of, and in the course of, the worker’s em- ‘‘(12) ACTUAL NEED FOR LABOR OR SERV- and working conditions of workers in the ployment, which will provide benefits at ICES.—The petition was filed not more than United States similarly employed; and least equal to those provided under the State 60 days before the date on which the em- ‘‘(B) did not and will not cause the separa- workers’ compensation law for comparable ployer needed labor or services for which the tion from employment of a United States employment. H–2C nonimmigrant is sought. worker employed by the employer within the ‘‘(6) NOTICE TO EMPLOYEES.— ‘‘(d) AUDIT OF ATTESTATIONS.— 180-day period beginning 90 days before the ‘‘(A) IN GENERAL.—The employer has pro- date on which the petition is filed. vided notice of the filing of the petition to ‘‘(1) REFERRALS BY SECRETARY OF HOME- LAND SECURITY.—The Secretary of Homeland ‘‘(2) WAGES.— the bargaining representative of the employ- Security shall refer all approved petitions ‘‘(A) IN GENERAL.—The H–2C nonimmigrant er’s employees in the occupational classifica- will be paid not less than the greater of— tion and area of employment for which the for H–2C nonimmigrants to the Secretary of ‘‘(i) the actual wage level paid by the em- H–2C nonimmigrant is sought. Labor for potential audit. ‘‘(2) AUDITS AUTHORIZED.—The Secretary of ployer to all other individuals with similar ‘‘(B) NO BARGAINING REPRESENTATIVE.—If experience and qualifications for the specific there is no such bargaining representative, Labor may audit any approved petition re- employment in question; or the employer has— ferred pursuant to paragraph (1), in accord- ‘‘(ii) the prevailing wage level for the occu- ‘‘(i) posted a notice of the filing of the peti- ance with regulations promulgated by the pational classification in the area of employ- tion in a conspicuous location at the place or Secretary of Labor. ment, taking into account experience and places of employment for which the H–2C ‘‘(e) INELIGIBLE EMPLOYERS.— skill levels of employees. nonimmigrant is sought; or ‘‘(1) IN GENERAL.—The Secretary of Home- ‘‘(B) CALCULATION.—The wage levels under ‘‘(ii) electronically disseminated such a no- land Security shall not approve an employ- subparagraph (A) shall be calculated based tice to the employer’s employees in the oc- er’s petitions, applications, certifications, or on the best information available at the time cupational classification for which the H–2C attestations under any immigrant or non- of the filing of the application. nonimmigrant is sought. immigrant program if the Secretary of

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00084 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9943 Labor determines, after notice and an oppor- ‘‘(G) the existence of any labor organizing ‘‘(I) requirements under paragraphs (1), (4), tunity for a hearing, that the employer sub- effort, strike, lockout, or other labor dispute and (5) of section 102 of the Migrant and Sea- mitting such documents— at the place of employment; sonal Agricultural Worker Protection Act (29 ‘‘(A) has, with respect to the attestations ‘‘(H) the existence of any arrangement U.S.C. 1812); required under subsection (b)— with any owner, employer, foreign con- ‘‘(II) an expeditious means to update reg- ‘‘(i) misrepresented a material fact; tractor, or its agent where such person re- istrations and renew certificates; and ‘‘(ii) made a fraudulent statement; or ceives a commission from the provision of ‘‘(III) any other requirements that the Sec- ‘‘(iii) failed to comply with the terms of items or services to workers; retary may prescribe. such attestations; or ‘‘(I) the extent to which workers will be ‘‘(iii) TERM.—Unless suspended or revoked, ‘‘(B) failed to cooperate in the audit proc- compensated through workers’ compensa- a certificate under this subparagraph shall ess in accordance with regulations promul- tion, private insurance, or otherwise for in- be valid for 2 years. gated by the Secretary of Labor. juries or death, including— ‘‘(iv) REFUSAL TO ISSUE; REVOCATION; SUS- ‘‘(2) LENGTH OF INELIGIBILITY.—An em- ‘‘(i) work related injuries and death during PENSION.—In accordance with regulations ployer described in paragraph (1) shall be in- the period of employment; promulgated by the Secretary of Labor, the eligible to participate in the labor certifi- ‘‘(ii) the name of the State workers’ com- Secretary may refuse to issue or renew, or cation programs of the Secretary of Labor pensation insurance carrier or the name of may suspend or revoke, a certificate of reg- for not less than the time period determined the policyholder of the private insurance; istration under this subparagraph if— by the Secretary, not to exceed 3 years. ‘‘(iii) the name and the telephone number ‘‘(I) the application or holder of the certifi- ‘‘(3) EMPLOYERS IN HIGH UNEMPLOYMENT of each person who must be notified of an in- cation has knowingly made a material mis- AREAS.—Beginning on the date that is 1 year jury or death; and representation in the application for such after the date of the enactment of the Initial ‘‘(iv) the time period within which such no- certificate; Entry, Adjustment, and Citizenship Assist- tice must be given; ‘‘(II) the applicant for, or holder of, the ance Grant Act of 2006, the Secretary of ‘‘(J) any education or training to be pro- certification is not the real party in interest Homeland Security may not approve any em- vided or required, including— in the application or certificate of registra- ployer’s petition under subsection (b) if the ‘‘(i) the nature and cost of such training; tion and the real party in interest— work to be performed by the H–2C non- ‘‘(ii) the entity that will pay such costs; ‘‘(aa) is a person who has been refused immigrant is not agriculture based and is lo- and cated in a metropolitan or micropolitan sta- ‘‘(iii) whether the training is a condition of issuance or renewal of a certificate; tistical area (as defined by the Office of Man- employment, continued employment, or fu- ‘‘(bb) has had a certificate suspended or re- agement and Budget) in which the unem- ture employment; and voked; or ployment rate for workers who have not ‘‘(K) a statement, in a form specified by ‘‘(cc) does not qualify for a certificate completed any education beyond a high the Secretary of Labor, describing the pro- under this paragraph; or school diploma during the most recently tections of this Act for workers recruited ‘‘(III) the applicant for or holder of the cer- completed 6-month period averaged more abroad. tification has failed to comply with this Act. than 9.0 percent. ‘‘(2) FALSE OR MISLEADING INFORMATION.— ‘‘(C) REMEDY FOR VIOLATIONS.—An em- ‘‘(f) REGULATION OF FOREIGN LABOR CON- No foreign labor contractor or employer who ployer engaging in foreign labor contracting TRACTORS.— engages in foreign labor contracting activity activity and a foreign labor contractor that ‘‘(1) COVERAGE.—Notwithstanding any shall knowingly provide material false or violates the provisions of this subsection other provision of law, an H–2C non- misleading information to any worker con- shall be subject to remedies for foreign labor immigrant may not be treated as an inde- cerning any matter required to be disclosed contractor violations under subsections (h) pendent contractor. in paragraph (1). and (i). If a foreign labor contractor acting ‘‘(2) APPLICABILITY OF LAWS.—An H–2C non- ‘‘(3) LANGUAGES.—The information re- as an agent of an employer violates any pro- immigrant shall not be denied any right or quired to be disclosed under paragraph (1) vision of this subsection, the employer shall any remedy under Federal, State, or local shall be provided in writing in English or, as also be subject to remedies under subsections labor or employment law that would be ap- necessary and reasonable, in the language of (h) and (i). An employer that violates a pro- plicable to a United States worker employed the worker being recruited. The Secretary of vision of this subsection relating to em- in a similar position with the employer be- Labor shall make forms available in English, ployer obligations shall be subject to rem- cause of the alien’s status as a non- Spanish, and other languages, as necessary, edies under subsections (h) and (i). immigrant worker. which may be used in providing workers with ‘‘(D) EMPLOYER NOTIFICATION.—An em- ‘‘(3) TAX RESPONSIBILITIES.—With respect information required under this section. ployer shall notify the Secretary of Labor if to each employed H–2C nonimmigrant, an ‘‘(4) FEES.—A person conducting a foreign the employer becomes aware of a violation of employer shall comply with all applicable labor contracting activity shall not assess this subsection by a foreign labor recruiter. Federal, State, and local tax and revenue any fee to a worker for such foreign labor ‘‘(E) WRITTEN AGREEMENTS.—A foreign laws. contracting activity. labor contractor may not violate the terms ‘‘(g) WHISTLEBLOWER PROTECTION.—It shall ‘‘(5) TERMS.—No employer or foreign labor of any written agreements made with an em- be unlawful for an employer or a labor con- contractor shall, without justification, vio- ployer relating to any contracting activity tractor of an H–2C nonimmigrant to intimi- late the terms of any agreement made by or worker protection under this subsection. that contractor or employer regarding em- date, threaten, restrain, coerce, retaliate, ‘‘(F) BONDING REQUIREMENT.—The Sec- discharge, or in any other manner, discrimi- ployment under this program. retary of Labor may require a foreign labor ‘‘(6) TRAVEL COSTS.—If the foreign labor nate against an employee or former em- contractor to post a bond in an amount suffi- contractor or employer charges the em- ployee because the employee or former em- cient to ensure the protection of individuals ployee for transportation such transpor- ployee— recruited by the foreign labor contractor. tation costs shall be reasonable. ‘‘(1) discloses information to the employer The Secretary may consider the extent to ‘‘(7) OTHER WORKER PROTECTIONS.— or any other person that the employee or which the foreign labor contractor has suffi- ‘‘(A) NOTIFICATION.—Not less frequently former employee reasonably believes dem- cient ties to the United States to adequately onstrates a violation of this Act; or than once every 2 years, each employer shall enforce this subsection. ‘‘(2) cooperates or seeks to cooperate in an notify the Secretary of Labor of the identity investigation or other proceeding concerning of any foreign labor contractor engaged by ‘‘(i) ENFORCEMENT.— compliance with the requirements of this the employer in any foreign labor contractor ‘‘(1) IN GENERAL.—The Secretary of Labor Act. activity for, or on behalf of, the employer. shall promulgate regulations for the receipt, ‘‘(h) LABOR RECRUITERS.— ‘‘(B) REGISTRATION OF FOREIGN LABOR CON- investigation, and disposition of complaints ‘‘(1) IN GENERAL.—Each employer that en- TRACTORS.— by an aggrieved person respecting a violation gages in foreign labor contracting activity ‘‘(i) IN GENERAL.—No person shall engage in of this section. and each foreign labor contractor shall as- foreign labor recruiting activity unless such ‘‘(2) FILING DEADLINE.—No investigation or certain and disclose, to each such worker person has a certificate of registration from hearing shall be conducted on a complaint who is recruited for employment at the time the Secretary of Labor specifying the activi- concerning a violation under this section un- of the worker’s recruitment— ties that such person is authorized to per- less the complaint was filed not later than 12 ‘‘(A) the place of employment; form. An employer who retains the services months after the date of such violation. ‘‘(B) the compensation for the employ- of a foreign labor contractor shall only use ‘‘(3) REASONABLE CAUSE.—The Secretary of ment; those foreign labor contractors who are reg- Labor shall conduct an investigation under ‘‘(C) a description of employment activi- istered under this subparagraph. this subsection if there is reasonable cause ties; ‘‘(ii) ISSUANCE.—The Secretary shall pro- to believe that a violation of this section has ‘‘(D) the period of employment; mulgate regulations to establish an efficient occurred. The process established under this ‘‘(E) any other employee benefit to be pro- electronic process for the investigation and subsection shall provide that, not later than vided and any costs to be charged for each approval of an application for a certificate of 30 days after a complaint is filed, the Sec- benefit; registration of foreign labor contractors not retary shall determine if there is reasonable ‘‘(F) any travel or transportation expenses later than 14 days after such application is cause to find such a violation. to be assessed; filed, including— ‘‘(4) NOTICE AND HEARING.—

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

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(2) POLITICAL AFFILIATION.—Not more than ‘‘(4) Filing a petition under paragraph (1) ‘‘(I) is in possession of critical reliable in- 5 members of the Task Force may be mem- on behalf of an alien or otherwise seeking formation concerning the activities of gov- bers of the same political party. permanent residence in the United States for ernments or organizations, or their agents, (3) NONGOVERNMENTAL APPOINTEES.—An in- such alien shall not constitute evidence of representatives, or officials, with respect to dividual appointed to the Task Force may the alien’s ineligibility for nonimmigrant weapons of mass destruction and related de- not be an officer or employee of the Federal status under section 101(a)(15)(H)(ii)(c). livery systems, if such governments or orga- Government or of any State or local govern- ‘‘(5) The Secretary of Homeland Security nizations are at risk of developing, selling, ment. shall extend, in 1-year increments, the stay or transferring such weapons or related de- (e) MEETINGS.— of an alien for whom a labor certification pe- livery systems; and (1) INITIAL MEETING.—The Task Force shall tition filed under section 203(b) or an immi- ‘‘(II) is willing to supply or has supplied, meet and begin the operations of the Task grant visa petition filed under section 204(b) fully and in good faith, information de- Force as soon as practicable. is pending until a final decision is made on scribed in subclause (I) to appropriate per- (2) SUBSEQUENT MEETINGS.—After its initial the alien’s lawful permanent residence. sons within the United States Government; meeting, the Task Force shall meet upon the ‘‘(6) Nothing in this subsection shall be ‘‘and, if the Secretary of Homeland Secu- call of the chairman or a majority of its construed to prevent an alien having non- rity (or with respect to clause (ii), the Sec- members. immigrant status described in section retary of State and the Secretary of Home- (f) REPORT.—Not later than 18 months after 101(a)(15)(H)(ii)(c) from filing an application the date of the enactment of this Act, the for adjustment of status under this section land Security jointly) considers it to be ap- Task Force shall submit, to Congress, the in accordance with any other provision of propriate, the spouse, married and unmar- Secretary of Labor, and the Secretary, a re- law.’’. ried sons and daughters, and parents of an alien described in clause (i), (ii), or (iii) if ac- port that contains— SEC. 409. REQUIREMENTS FOR PARTICIPATING (1) findings with respect to the duties of COUNTRIES. companying, or following to join, the alien;’’. the Task Force; and (a) IN GENERAL.—The Secretary of State, (b) NUMERICAL LIMITATION.—Section (2) recommendations for imposing a nu- in cooperation with the Secretary and the 214(k)(1) (8 U.S.C. 1184(k)(1)) is amended by merical limit. Attorney General, shall negotiate with each striking ‘‘The number of aliens’’ and all that (g) NUMERICAL LIMITATIONS.—Section home country of aliens described in section follows through the period and inserting the 214(g)(1) (8 U.S.C. 1184(g)(1)) is amended— 101(a)(15)(H)(ii)(c) of the Immigration and following: ‘‘The number of aliens who may be (1) in subparagraph (B), by striking the pe- Nationality Act, as added by section 402, to provided a visa as nonimmigrants under sec- riod at the end and inserting ‘‘; and’’; and enter into a bilateral agreement with the tion 101(a)(15)(S) in any fiscal year may not (2) by adding at the end the following: United States that conforms to the require- exceed 1,000.’’. ‘‘(C) under section 101(a)(15)(H)(ii)(c) may ments under subsection (b). (c) REPORTS.— not exceed 200,000.’’. (b) REQUIREMENTS OF BILATERAL AGREE- (1) CONTENT.—Paragraph (4) of section (h) ADJUSTMENT TO LAWFUL PERMANENT MENTS.—Each agreement negotiated under 214(k) (8 U.S.C. 1184(k)) is amended— RESIDENT STATUS.—Section 245 (8 U.S.C. 1255) subsection (a) shall require the participating (A) in the matter preceding subparagraph is amended by adding at the end the fol- home country to— (A) lowing: (1) accept the return of nationals who are (i) by striking ‘‘The Attorney General’’ and ‘‘(n)(1) For purposes of adjustment of sta- ordered removed from the United States inserting ‘‘The Secretary of Homeland Secu- tus under subsection (a), employment-based within 3 days of such removal; rity’’; and immigrant visas shall be made available, (2) cooperate with the United States Gov- (ii) by striking ‘‘concerning—’’ and insert- subject to the numerical limitations set out ernment to— ing ‘‘that includes—’’; in sections 201(d) and 203(b), to an alien hav- (A) identify, track, and reduce gang mem- (B) in subparagraph (D), by striking ‘‘and’’; ing nonimmigrant status described in sec- bership, violence, and human trafficking and (C) in subparagraph (E), by striking the pe- tion 101(a)(15)(H)(ii)(c) upon the filing of a smuggling; and riod at the end and inserting ‘‘; and’’; and petition for such a visa— (B) control illegal immigration; (D) by inserting at the end the following: ‘‘(A) by the alien’s employer; or (3) provide the United States Government ‘‘(F) in the event that the total number of ‘‘(B) by the alien, if— with— such nonimmigrants admitted is fewer than ‘‘(i) the alien has been employed in H–2C (A) passport information and criminal 25 percent of the total number provided for status for a cumulative period of not less records of aliens who are seeking admission under paragraph (1) of this subsection— than 4 years; to, or are present in, the United States; and ‘‘(i) the reasons why the number of such ‘‘(ii) an employer attests that the em- (B) admission and entry data to facilitate nonimmigrants admitted is fewer than 25 ployer will employ the alien in the offered United States entry-exit data systems; and percent of that provided for by law; job position; (4) educate nationals of the home country ‘‘(ii) the efforts made by the Secretary of ‘‘(iii) the Secretary of Labor determines regarding United States temporary worker Homeland Security to admit such non- and certifies that there are not sufficient programs to ensure that such nationals are immigrants; and United States workers who are able, willing, not exploited; and ‘‘(iii) any extenuating circumstances that qualified, and available to fill the job posi- (5) evaluate means to provide housing in- contributed to the admission of a number of tion; or such nonimmigrants that is fewer than 25 ‘‘(iv) the Secretary of Labor determines centives in the alien’s home country for re- percent of that provided for by law.’’. and certifies that there are not sufficient turning workers. (2) FORM OF REPORT.—Section 214(k) (8 United States workers who are able, willing, SEC. 410. S VISAS. U.S.C. 1184(k)) is amended by adding at the qualified, and available to fill the position in (a) EXPANSION OF S VISA CLASSIFICATION.— end the following new paragraph: which the alien is, or will be, employed; and Section 101(a)(15)(S) (8 U.S.C. 1101(a)(15)(S)) ‘‘(5) To the extent required by law and if it ‘‘(v) the alien submits at least 2 documents is amended— is in the interests of national security or the to establish current employment, as follows: (1) in clause (i)— security of such nonimmigrants that are ad- ‘‘(I) Records maintained by the Social Se- (A) by striking ‘‘Attorney General’’ each mitted, as determined by the Secretary of curity Administration. place that term appears and inserting ‘‘Sec- Homeland Security, the information con- ‘‘(II) Records maintained by the alien’s em- retary of Homeland Security’’; tained in a report described in paragraph (4) ployer, such as pay stubs, time sheets, or (B) in subclause (I), by inserting before the may be classified, and the Secretary of employment work verification. semicolon, ‘‘, including a criminal enterprise Homeland Security shall, to the extent fea- ‘‘(III) Records maintained by the Internal undertaken by a foreign government, its sible, submit a non-classified version of the Revenue Service. agents, representatives, or officials’’; report to the Committee on the Judiciary of ‘‘(IV) Records maintained by any other (C) in subclause (III), by inserting ‘‘where the House of Representatives and the Com- government agency, such as worker com- the information concerns a criminal enter- mittee on the Judiciary of the Senate.’’. pensation records, disability records, or busi- prise undertaken by an individual or organi- ness licensing records. zation that is not a foreign government, its SEC. 411. L VISA LIMITATIONS. ‘‘(2) An alien having nonimmigrant status agents, representatives, or officials,’’ before Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is described in section 101(a)(15)(H)(ii)(c) may ‘‘whose’’; and amended— not apply for adjustment of status under this (D) by striking ‘‘or’’ at the end; and (1) by striking ‘‘Attorney General’’ each section unless the alien— (2) in clause (ii)— place it appears and inserting ‘‘Secretary of ‘‘(A) is physically present in the United (A) by striking ‘‘Attorney General’’ and in- Homeland Security’’; States; and serting ‘‘Secretary of Homeland Security’’; (2) in subparagraph (E), by striking ‘‘In the ‘‘(B) establishes that the alien meets the and case’’ and inserting ‘‘Except as provided in requirements of section 312. (B) by striking ‘‘1956,’’ and all that follows subparagraph (H), in the case’’; and ‘‘(3) An alien who demonstrates that the through ‘‘the alien;’’ and inserting the fol- (3) by adding at the end the following: alien meets the requirements of section 312 lowing: ‘‘1956; or ‘‘(G)(i) If the beneficiary of a petition may be considered to have satisfied the re- ‘‘(iii) who the Secretary of Homeland Secu- under this subsection is coming to the quirements of that section for purposes of rity and the Secretary of State, in consulta- United States to open, or be employed in, a becoming naturalized as a citizen of the tion with the Director of Central Intel- new facility, the petition may be approved United States under title III. ligence, jointly determine— for a period not to exceed 12 months only if

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(A) limit the relief to the minimum nec- out the proposed business activities; and Section 217(c) (8 U.S.C. 1187(c)) is amended essary to correct the violation of law; ‘‘(III) the financial ability to commence by adding at the end the following: (B) adopt the least intrusive means to cor- doing business immediately upon the ap- ‘‘(8) PROBATIONARY ADMISSION.— rect the violation of law; proval of the petition. ‘‘(A) DEFINITION OF MATERIAL SUPPORT.—In (C) minimize, to the greatest extent prac- ‘‘(ii) An extension of the approval period this paragraph, the term ‘material support’ ticable, the adverse impact on national secu- under clause (i) may not be granted until the means the current provision of the equiva- rity, border security, immigration adminis- importing employer submits to the Sec- lent of, but not less than, a battalion (which tration and enforcement, and public safety, retary of Homeland Security— consists of 300 to 1,000 military personnel) to and ‘‘(I) evidence that the importing employer Operation Iraqi Freedom or Operation En- (D) provide for the expiration of the relief meets the requirements of this subsection; during Freedom to provide training, on a specific date, which is not later than ‘‘(II) evidence that the beneficiary meets logistical or tactical support, or a military the earliest date necessary for the Govern- the requirements of section 101(a)(15)(L); presence. ment to remedy the violation. ‘‘(III) a statement summarizing the origi- ‘‘(B) DESIGNATION AS A PROGRAM COUN- (2) WRITTEN EXPLANATION.—The require- nal petition; TRY.—Notwithstanding any other provision ments described in subsection (1) shall be ‘‘(IV) evidence that the importing em- of this section, a country may be designated discussed and explained in writing in the ployer has fully complied with the business as a program country, on a probationary order granting prospective relief and must be plan submitted under clause (i); basis, under this section if— sufficiently detailed to allow review by an- ‘‘(V) evidence of the truthfulness of any ‘‘(i) the country is a member of the Euro- other court. representations made in connection with the pean Union; (3) EXPIRATION OF PRELIMINARY INJUNCTIVE filing of the original petition; ‘‘(ii) the country is providing material sup- RELIEF.—Preliminary injunctive relief shall ‘‘(VI) evidence that the importing em- port to the United States or the multilateral automatically expire on the date that is 90 ployer, during the previous 12 months, has forces in Afghanistan or Iraq, as determined days after the date on which such relief is been doing business at the new facility by the Secretary of Defense, in consultation entered, unless the court— through regular, systematic, and continuous with the Secretary of State; and (A) makes the findings required under provision of goods or services, or has other- ‘‘(iii) the Secretary of Homeland Security, paragraph (1) for the entry of permanent pro- wise been taking commercially reasonable in consultation with the Secretary of State, spective relief; and steps to establish the new facility as a com- determines that participation of the country (B) makes the order final before expiration mercial enterprise; in the visa waiver program under this sec- of such 90-day period. ‘‘(VII) a statement of the duties the bene- tion does not compromise the law enforce- (4) REQUIREMENTS FOR ORDER DENYING MO- ficiary has performed at the new facility dur- ment interests of the United States. TION.—This subsection shall apply to any ing the previous 12 months and the duties ‘‘(C) REFUSAL RATES; OVERSTAY RATES.— order denying the Government’s motion to the beneficiary will perform at the new facil- The determination under subparagraph vacate, modify, dissolve or otherwise termi- ity during the extension period approved (B)(iii) shall only take into account any re- nate an order granting prospective relief in under this clause; fusal rates or overstay rates after the expira- any civil action pertaining to the adminis- ‘‘(VIII) a statement describing the staffing tion of the first full year of the country’s ad- tration or enforcement of the immigration at the new facility, including the number of mission into the European Union. laws of the United States. employees and the types of positions held by ‘‘(D) FULL COMPLIANCE.—Not later than 2 (b) PROCEDURE FOR MOTION AFFECTING such employees; years after the date of a country’s designa- ORDER GRANTING PROSPECTIVE RELIEF ‘‘(IX) evidence of wages paid to employees tion under subparagraph (B), the country— if the beneficiary will be employed in a man- ‘‘(i) shall be in full compliance with all ap- AGAINST THE GOVERNMENT.— agerial or executive capacity; plicable requirements for program country (1) IN GENERAL.—A court shall promptly ‘‘(X) evidence of the financial status of the status under this section; or rule on the Government’s motion to vacate, new facility; and ‘‘(ii) shall have its program country des- modify, dissolve or otherwise terminate an ‘‘(XI) any other evidence or data prescribed ignation terminated. order granting prospective relief in any civil action pertaining to the administration or by the Secretary. ‘‘(E) EXTENSIONS.—The Secretary of State ‘‘(iii) Notwithstanding subclauses (I) may extend, for a period not to exceed 2 enforcement of the immigration laws of the through (VI) of clause (ii) and subject to the years, the probationary designation granted United States. maximum period of authorized admission set under subparagraph (B) if the country— (2) AUTOMATIC STAYS.— forth in subparagraph (D), the Secretary of ‘‘(i) is making significant progress towards (A) IN GENERAL.—The Government’s mo- Homeland Security may approve a subse- coming into full compliance with all applica- tion to vacate, modify, dissolve, or otherwise quently filed petition on behalf of the bene- ble requirements for program country status terminate an order granting prospective re- ficiary to continue employment at the facil- under this section; lief made in any civil action pertaining to ity described in this subsection for a period ‘‘(ii) is likely to achieve full compliance the administration or enforcement of the im- beyond the initially granted 12-month period before the end of such 2–year period; and migration laws of the United States shall if the importing employer demonstrates that ‘‘(iii) continues to be an ally of the United automatically, and without further order of the failure to satisfy any of the requirements States against terrorist states, organiza- the court, stay the order granting prospec- described in those subclauses was directly tions, and individuals, as determined by the tive relief on the date that is 15 days after caused by extraordinary circumstances be- Secretary of Defense, in consultation with the date on which such motion is filed unless yond the control of the importing employer. the Secretary of State.’’. the court previously has granted or denied ‘‘(H)(i) The Secretary of Homeland Secu- the Government’s motion. SEC. 414. AUTHORIZATION OF APPROPRIATIONS. rity may not authorize the spouse of an alien (B) DURATION OF AUTOMATIC STAY.—An There are authorized to be appropriated to described under section 101(a)(15)(L), who is a automatic stay under subparagraph (A) shall the Secretary such sums as may be nec- dependent of a beneficiary under subpara- continue until the court enters an order essary to carry out this subtitle and the graph (G), to engage in employment in the granting or denying the Government’s mo- amendments made by this subtitle for the United States during the initial 9-month pe- tion. first fiscal year beginning before the date of riod described in subparagraph (G)(i). (C) POSTPONEMENT.—The court, for good enactment of this Act and each of the subse- ‘‘(ii) A spouse described in clause (i) may cause, may postpone an automatic stay quent fiscal years beginning not more than 7 be provided employment authorization upon under subparagraph (A) for not longer than years after the effective date of the regula- the approval of an extension under subpara- 15 days. tions promulgated by the Secretary to im- graph (G)(ii). (D) ORDERS BLOCKING AUTOMATIC STAYS.— plement this subtitle. ‘‘(I) For purposes of determining the eligi- Any order staying, suspending, delaying, or bility of an alien for classification under Subtitle B—Immigration Injunction Reform otherwise barring the effective date of the Section 101(a)(15)(L) of this Act, the Sec- SEC. 421. SHORT TITLE. automatic stay described in subparagraph retary of Homeland Security shall establish This subtitle may be cited as the ‘‘Fairness (A), other than an order to postpone the ef- a program to work cooperatively with the in Immigration Litigation Act of 2006’’. fective date of the automatic stay for not longer than 15 days under subparagraph (C), Department of State to verify a company or SEC. 422. APPROPRIATE REMEDIES FOR IMMI- facility’s existence in the United States and GRATION LEGISLATION. shall be— (i) treated as an order refusing to vacate, abroad.’’. (a) REQUIREMENTS FOR AN ORDER GRANTING modify, dissolve or otherwise terminate an SEC. 412. COMPLIANCE INVESTIGATORS. PROSPECTIVE RELIEF AGAINST THE GOVERN- injunction; and The Secretary of Labor shall, subject to MENT.— (ii) immediately appealable under section the availability of appropriations for such (1) IN GENERAL.—If a court determines that purpose, annually increase, by not less than prospective relief should be ordered against 1292(a)(1) of title 28, United States Code. 2,000, the number of positions for compliance the Government in any civil action per- (c) SETTLEMENTS.—

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(1) CONSENT DECREES.—In any civil action blocking an automatic stay subject to imme- ‘‘(a) PREFERENCE ALLOCATIONS FOR FAMILY- pertaining to the administration or enforce- diate appeal under section 422(b)(2)(D). SPONSORED IMMIGRANTS.—Aliens subject to ment of the immigration laws of the United TITLE V—BACKLOG REDUCTION the worldwide level specified in section 201(c) States, the court may not enter, approve, or SEC. 501. ELIMINATION OF EXISTING BACKLOGS. for family-sponsored immigrants shall be al- continue a consent decree that does not com- (a) FAMILY-SPONSORED IMMIGRANTS.—Sec- located visas as follows: ply with subsection (a). tion 201(c) (8 U.S.C. 1151(c)) is amended to ‘‘(1) UNMARRIED SONS AND DAUGHTERS OF (2) PRIVATE SETTLEMENT AGREEMENTS.— read as follows: CITIZENS.—Qualified immigrants who are the Nothing in this section shall preclude parties ‘‘(c) WORLDWIDE LEVEL OF FAMILY-SPON- unmarried sons or daughters of citizens of from entering into a private settlement SORED IMMIGRANTS.—The worldwide level of the United States shall be allocated visas in agreement that does not comply with sub- family-sponsored immigrants under this sub- a quantity not to exceed the sum of— section (a) if the terms of that agreement are section for a fiscal year is equal to the sum ‘‘(A) 10 percent of such worldwide level; not subject to court enforcement other than of— and reinstatement of the civil proceedings that ‘‘(1) 480,000; ‘‘(B) any visas not required for the class the agreement settled. ‘‘(2) the difference between the maximum specified in paragraph (4). (d) DEFINITIONS.—In this section: number of visas authorized to be issued ‘‘(2) SPOUSES AND UNMARRIED SONS AND (1) CONSENT DECREE.—The term ‘‘consent under this subsection during the previous fis- DAUGHTERS OF PERMANENT RESIDENT decree’’— cal year and the number of visas issued dur- ALIENS.— (A) means any relief entered by the court ing the previous fiscal year; ‘‘(A) IN GENERAL.—Visas in a quantity not that is based in whole or in part on the con- ‘‘(3) the difference between— to exceed 50 percent of such worldwide level sent or acquiescence of the parties; and ‘‘(A) the maximum number of visas author- plus any visas not required for the class (B) does not include private settlements. ized to be issued under this subsection dur- specified in paragraph (1) shall be allocated (2) GOOD CAUSE.—The term ‘‘good cause’’ ing fiscal years 2001 through 2005 minus the to qualified immigrants who are— does not include discovery or congestion of number of visas issued under this subsection ‘‘(i) the spouses or children of an alien law- the court’s calendar. during those fiscal years; and fully admitted for permanent residence; or (3) GOVERNMENT.—The term ‘‘Government’’ ‘‘(B) the number of visas calculated under ‘‘(ii) the unmarried sons or daughters of an means the United States, any Federal de- subparagraph (A) that were issued after fis- alien lawfully admitted for permanent resi- partment or agency, or any Federal agent or cal year 2005.’’. dence. official acting within the scope of official du- (b) EMPLOYMENT-BASED IMMIGRANTS.—Sec- ‘‘(B) MINIMUM PERCENTAGE.—Visas allo- ties. tion 201(d) (8 U.S.C. 1151(d)) is amended to cated to individuals described in subpara- (4) PERMANENT RELIEF.—The term ‘‘perma- read as follows: graph (A)(i) shall constitute not less than 77 nent relief’’ means relief issued in connec- ‘‘(d) WORLDWIDE LEVEL OF EMPLOYMENT- percent of the visas allocated under this tion with a final decision of a court. BASED IMMIGRANTS.— paragraph. (5) PRIVATE SETTLEMENT AGREEMENT.—The ‘‘(1) IN GENERAL.—Subject to paragraph (2), ‘‘(3) MARRIED SONS AND DAUGHTERS OF CITI- term ‘‘private settlement agreement’’ means the worldwide level of employment-based im- ZENS.—Qualified immigrants who are the an agreement entered into among the parties migrants under this subsection for a fiscal married sons and daughters of citizens of the that is not subject to judicial enforcement year is equal to the sum of— United States shall be allocated visas in a other than the reinstatement of the civil ac- ‘‘(A)(i) 450,000, for each of the fiscal years quantity not to exceed the sum of— tion that the agreement settled. 2007 through 2016; or ‘‘(A) 10 percent of such worldwide level; (6) PROSPECTIVE RELIEF.—The term ‘‘pro- ‘‘(ii) 290,000, for fiscal year 2017 and each and spective relief’’ means temporary, prelimi- subsequent fiscal year; ‘‘(B) any visas not required for the classes nary, or permanent relief other than com- ‘‘(B) the difference between the maximum specified in paragraphs (1) and (2). pensatory monetary damages. number of visas authorized to be issued ‘‘(4) BROTHERS AND SISTERS OF CITIZENS.— (e) EXPEDITED PROCEEDINGS.—It shall be under this subsection during the previous fis- Qualified immigrants who are the brothers the duty of every court to advance on the cal year and the number of visas issued dur- or sisters of a citizen of the United States docket and to expedite the disposition of any ing the previous fiscal year; and who is at least 21 years of age shall be allo- civil action or motion considered under this ‘‘(C) the difference between— cated visas in a quantity not to exceed 30 section. ‘‘(i) the maximum number of visas author- percent of the worldwide level.’’. SEC. 423. EFFECTIVE DATE. ized to be issued under this subsection dur- (b) PREFERENCE ALLOCATION FOR EMPLOY- (a) IN GENERAL.—This subtitle shall apply ing fiscal years 2001 through 2005 and the MENT-BASED IMMIGRANTS.—Section 203(b) (8 with respect to all orders granting prospec- number of visa numbers issued under this U.S.C. 1153(b)) is amended— tive relief in any civil action pertaining to subsection during those fiscal years; and (1) in paragraph (1), by striking ‘‘28.6 per- the administration or enforcement of the im- ‘‘(ii) the number of visas calculated under cent’’ and inserting ‘‘15 percent’’; migration laws of the United States, whether clause (i) that were issued after fiscal year (2) in paragraph (2)(A), by striking ‘‘28.6 such relief was ordered before, on, or after 2005. percent’’ and inserting ‘‘15 percent’’; the date of the enactment of this Act. ‘‘(2) VISAS FOR SPOUSES AND CHILDREN.— (3) in paragraph (3)(A)— (b) PENDING MOTIONS.—Every motion to va- ‘‘(A) IN GENERAL.—Except as provided in (A) by striking ‘‘28.6 percent’’ and insert- cate, modify, dissolve or otherwise termi- subparagraph (B), immigrant visas issued on ing ‘‘35 percent’’; and nate an order granting prospective relief in or after October 1, 2004, to spouses and chil- (B) by striking clause (iii); any such action, which motion is pending on dren of employment-based immigrants shall (4) by striking paragraph (4); the date of the enactment of this Act, shall not be counted against the numerical limita- (5) by redesignating paragraph (5) as para- be treated as if it had been filed on such date tion set forth in paragraph (1). graph (4); of enactment. ‘‘(B) NUMERICAL LIMITATION.—The total (6) in paragraph (4)(A), as redesignated, by (c) AUTOMATIC STAY FOR PENDING MO- number of visas issued under paragraph striking ‘‘7.1 percent’’ and inserting ‘‘5 per- TIONS.— (1)(A) and paragraph (2), excluding such visas cent’’; (1) IN GENERAL.—An automatic stay with issued to aliens pursuant to section 245B or (7) by inserting after paragraph (4), as re- respect to the prospective relief that is the section 245C of the Immigration and Nation- designated, the following: subject of a motion described in subsection ality Act, may not exceed 650,000 during any ‘‘(5) OTHER WORKERS.— (b) shall take effect without further order of fiscal year. ‘‘(A) IN GENERAL.—Visas shall be made the court on the date which is 10 days after ‘‘(C) CONSTRUCTION.—Nothing in this para- available, in a number not to exceed 30 per- the date of the enactment of this Act if the graph may be construed to modify the re- cent of such worldwide level, plus any visa motion— quirement set out in 245B(a)(1)(I) or numbers not required for the classes speci- (A) was pending for 45 days as of the date 245C(i)(2)(A) that prohibit an alien from re- fied in paragraphs (1) through (4), to quali- of the enactment of this Act; and ceiving an adjustment of status to that of a fied immigrants who are capable, at the time (B) is still pending on the date which is 10 legal permanent resident prior to the consid- of petitioning for classification under this days after such date of enactment. eration of all applications filed under section paragraph, of performing unskilled labor (2) DURATION OF AUTOMATIC STAY.—An 201, 202, or 203 before the date of enactment that is not of a temporary or seasonal na- automatic stay that takes effect under para- of section 245B and 245C.’’. ture, for which qualified workers are deter- graph (1) shall continue until the court en- SEC. 502. COUNTRY LIMITS. mined to be unavailable in the United ters an order granting or denying the Gov- Section 202(a) (8 U.S.C. 1152(a)) is amended States. ernment’s motion under section 422(b). There by striking ‘‘7 percent (in the case of a single ‘‘(B) PRIORITY IN ALLOCATING VISAS.—In al- shall be no further postponement of the foreign state) or 2 percent’’ and inserting ‘‘10 locating visas under subparagraph (A) for automatic stay with respect to any such percent (in the case of a single foreign state) each of the fiscal years 2007 through 2017, the pending motion under section 422(b)(2). Any or 5 percent’’. Secretary shall reserve 30 percent of such order, staying, suspending, delaying or oth- SEC. 503. ALLOCATION OF IMMIGRANT VISAS. visas for qualified immigrants who were erwise barring the effective date of this auto- (a) PREFERENCE ALLOCATION FOR FAMILY- physically present in the United States be- matic stay with respect to pending motions SPONSORED IMMIGRANTS.—Section 203(a) (8 fore January 7, 2004.’’; and described in subsection (b) shall be an order U.S.C. 1153(a)) is amended to read as follows: (8) by striking paragraph (6).

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(c) SPECIAL IMMIGRANTS NOT SUBJECT TO scribed in clause (i), if accompanying or fol- SEC. 506. RELIEF FOR WIDOWS AND ORPHANS. NUMERICAL LIMITATIONS.—Section lowing to join such alien.’’. (a) SHORT TITLE.—This section may be 201(b)(1)(A) (8 U.S.C. 1151(b)(1)(A)) is amended (b) EXCEPTION TO NONDISCRIMINATION RE- cited as the ‘‘Widows and Orphans Act of by striking ‘‘subparagraph (A) or (B) of’’. QUIREMENTS.—Section 202(a)(1)(A) (8 U.S.C. 2006’’. (d) CONFORMING AMENDMENTS.— 1152(a)(1)(A)) is amended by striking (b) NEW SPECIAL IMMIGRANT CATEGORY.— (1) DEFINITION OF SPECIAL IMMIGRANT.—Sec- ‘‘201(b)(2)(A)(i)’’ and inserting ‘‘201(b)’’. (1) CERTAIN CHILDREN AND WOMEN AT RISK tion 101(a)(27)(M) (8 U.S.C. 1101(a)(27)(M)) is (c) EXCEPTION TO PER COUNTRY LEVELS FOR OF HARM.—Section 101(a)(27) (8 U.S.C. amended by striking ‘‘subject to the numer- FAMILY-SPONSORED AND EMPLOYMENT-BASED 1101(a)(27)) is amended— ical limitations of section 203(b)(4),’’. IMMIGRANTS.—Section 202(a)(2) (8 U.S.C. (A) in subparagraph (L), by inserting a (2) REPEAL OF TEMPORARY REDUCTION IN 1152(a)(2)), as amended by section 502(1), is semicolon at the end; WORKERS’ VISAS.—Section 203(e) of the Nica- further amended by inserting ‘‘, except for (B) in subparagraph (M), by striking the raguan Adjustment and Central American aliens described in section 201(b),’’ after ‘‘any period at the end and inserting ‘‘; or’’; and Relief Act (Public Law 105–100; 8 U.S.C. 1153 fiscal year’’. (C) by adding at the end the following: note) is repealed. (d) INCREASING THE DOMESTIC SUPPLY OF ‘‘(N) subject to subsection (j), an immi- SEC. 504. RELIEF FOR MINOR CHILDREN AND NURSES AND PHYSICAL THERAPISTS.—Not grant who is not present in the United WIDOWS. later than January 1, 2007, the Secretary of States— (a) IN GENERAL.—Section 201(b)(2) (8 U.S.C. Health and Human Services shall— ‘‘(i) who is— 1151(b)(2)) is amended to read as follows: (1) submit to Congress a report on the ‘‘(I) referred to a consular, immigration, or ‘‘(2)(A)(i) Aliens admitted under section source of newly licensed nurses and physical other designated official by a United States 211(a) on the basis of a prior issuance of a therapists in each State, which report Government agency, an international orga- shall— visa under section 203(a) to their accom- nization, or recognized nongovernmental en- (A) include the past 3 years for which data panying parent who is an immediate rel- tity designated by the Secretary of State for are available; ative. purposes of such referrals; and (B) provide separate data for each occupa- ‘‘(ii) In this subparagraph, the term ‘imme- ‘‘(II) determined by such official to be a tion and for each State; diate relative’ means a child, spouse, or par- minor under 18 years of age (as determined (C) separately identify those receiving ent of a citizen of the United States (and under subsection (j)(5))— their initial license and those licensed by en- each child of such child, spouse, or parent ‘‘(aa) for whom no parent or legal guardian dorsement from another State; who is accompanying or following to join the is able to provide adequate care; (D) within those receiving their initial li- child, spouse, or parent), except that, in the ‘‘(bb) who faces a credible fear of harm re- cense in each year, identify the number who case of parents, such citizens shall be at lated to his or her age; received their professional education in the least 21 years of age. ‘‘(cc) who lacks adequate protection from United States and those who received such ‘‘(iii) An alien who was the spouse of a cit- such harm; and education outside the United States; and izen of the United States for not less than 2 ‘‘(dd) for whom it has been determined to (E) to the extent possible, identify, by years at the time of the citizen’s death or, if be in his or her best interests to be admitted State of residence and country of education, married for less than 2 years at the time of to the United States; or the number of nurses and physical therapists the citizen’s death, proves by a preponder- ‘‘(ii) who is— who were educated in any of the 5 countries ance of the evidence that the marriage was ‘‘(I) referred to a consular or immigration (other than the United States) from which entered into in good faith and not solely for official by a United States Government the most nurses and physical therapists ar- the purpose of obtaining an immigration agency, an international organization or rec- rived; benefit and was not legally separated from ognized nongovernmental entity designated (F) identify the barriers to increasing the the citizen at the time of the citizen’s death, by the Secretary of State for purposes of supply of nursing faculty, domestically and each child of such alien, shall be consid- such referrals; and trained nurses, and domestically trained ered, for purposes of this subsection, to re- ‘‘(II) determined by such official to be a fe- physical therapists; main an immediate relative after the date of male who has— (G) recommend strategies to be followed by the citizen’s death if the spouse files a peti- ‘‘(aa) a credible fear of harm related to her Federal and State governments that would tion under section 204(a)(1)(A)(ii) before the sex; and be effective in removing such barriers, in- earlier of— ‘‘(bb) a lack of adequate protection from cluding strategies that address barriers to ‘‘(I) 2 years after such date; or such harm.’’. advancement to become registered nurses for ‘‘(II) the date on which the spouse remar- (2) STATUTORY CONSTRUCTION.—Section 101 other health care workers, such as home ries. (8 U.S.C. 1101) is amended by adding at the health aides and nurses assistants; ‘‘(iv) In this clause, an alien who has filed end the following: a petition under clause (iii) or (iv) of section (H) recommend amendments to Federal ‘‘(j)(1) No natural parent or prior adoptive 204(a)(1)(A) remains an immediate relative if legislation that would increase the supply of parent of any alien provided special immi- the United States citizen spouse or parent nursing faculty, domestically trained nurses, grant status under subsection (a)(27)(N)(i) loses United States citizenship on account of and domestically trained physical thera- shall thereafter, by virtue of such parentage, the abuse. pists; be accorded any right, privilege, or status ‘‘(B) Aliens born to an alien lawfully ad- (I) recommend Federal grants, loans, and under this Act. mitted for permanent residence during a other incentives that would provide in- ‘‘(2)(A) No alien who qualifies for a special temporary visit abroad.’’. creases in nurse educators, nurse training fa- immigrant visa under subsection (b) PETITION.—Section 204(a)(1)(A)(ii) (8 cilities, and other steps to increase the do- (a)(27)(N)(ii) may apply for derivative status U.S.C. 1154(a)(1)(A)(ii)) is amended by strik- mestic education of new nurses and physical or petition for any spouse who is represented ing ‘‘in the second sentence of section therapists; by the alien as missing, deceased, or the 201(b)(2)(A)(i) also’’ and inserting ‘‘in section (J) identify the effects of nurse emigration source of harm at the time of the alien’s ap- 201(b)(2)(A)(iii) or an alien child or alien par- on the health care systems in their countries plication and admission. The Secretary of ent described in the 201(b)(2)(A)(iv)’’. of origin; and Homeland Security may waive this require- SEC. 505. SHORTAGE OCCUPATIONS. (K) recommend amendments to Federal ment for an alien who demonstrates that the (a) EXCEPTION TO DIRECT NUMERICAL LIMI- law that would minimize the effects of alien’s representations regarding the spouse TATIONS.—Section 201(b)(1) (8 U.S.C. health care shortages in the countries of ori- were bona fide. 1151(b)(1)) is amended by adding at the end gin from which immigrant nurses arrived; ‘‘(B) An alien who qualifies for a special the following new subparagraph: (2) enter into a contract with the National immigrant visa under subsection (a)(27)(N) ‘‘(F)(i) During the period beginning on the Academy of Sciences Institute of Medicine may apply for derivative status or petition date of the enactment the Comprehensive to determine the level of Federal investment for any sibling under the age of 18 years or Immigration Reform Act of 2006 and ending under titles VII and VIII of the Public children under the age of 18 years of any on September 30, 2017, an alien— Health Service Act necessary to eliminate such alien, if accompanying or following to ‘‘(I) who is otherwise described in section the domestic nursing and physical therapist join the alien. For purposes of this subpara- 203(b); and shortage not later than 7 years from the date graph, a determination of age shall be made ‘‘(II) who is seeking admission to the on which the report is published; and using the age of the alien on the date the pe- United States to perform labor in shortage (3) collaborate with other agencies, as ap- tition is filed with the Department of Home- occupations designated by the Secretary of propriate, in working with ministers of land Security. Labor for blanket certification under section health or other appropriate officials of the 5 ‘‘(3) An alien who qualifies for a special im- 212(a)(5)(A) due to the lack of sufficient countries from which the most nurses and migrant visa under subsection (a)(27)(N) United States workers able, willing, quali- physical therapists arrived, to— shall be treated in the same manner as a ref- fied, and available for such occupations and (A) address health worker shortages caused ugee solely for purposes of section 412. for which the employment of aliens will not by emigration; ‘‘(4) The provisions of paragraphs (4), (5), adversely affect the terms and conditions of (B) ensure that there is sufficient human and (7)(A) of section 212(a) shall not be appli- similarly employed United States workers. resource planning or other technical assist- cable to any alien seeking admission to the ‘‘(ii) During the period described in clause ance needed to reduce further health worker United States under subsection (a)(27)(N), (i), the spouse or dependents of an alien de- shortages in such countries. and the Secretary of Homeland Security may

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waive any other provision of such section (2) REQUIREMENT AFTER ENTRY INTO THE ‘‘(v) an alien who maintains actual resi- (other than paragraph 2(C) or subparagraph UNITED STATES.— dence and place of abode in the alien’s coun- (A), (B), (C), or (E) of paragraph (3)) with re- (A) REQUIREMENT TO SUBMIT FINGER- try of nationality, who is described in clause spect to such an alien for humanitarian pur- PRINTS.— (i), except that the alien’s actual course of poses, to assure family unity, or when it is (i) IN GENERAL.—Not later than 30 days study may involve a distance learning pro- otherwise in the public interest. Any such after the date that an alien enters the gram, for which the alien is temporarily vis- waiver by the Secretary of Homeland Secu- United States, the alien shall be iting the United States for a period not to rity shall be in writing and shall be granted fingerprinted and submit to the Secretary exceed 30 days.’’ only on an individual basis following an in- such fingerprints and any other personal bio- (b) CREATION OF J–STEM VISA CATEGORY.— vestigation. The Secretary of Homeland Se- metric data required by the Secretary. Section 101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is curity shall provide for the annual reporting (ii) OTHER REQUIREMENTS.—The Secretary amended to read as follows: to Congress of the number of waivers granted may prescribe regulations that permit fin- ‘‘(J) an alien with a residence in a foreign under this paragraph in the previous fiscal gerprints submitted by an alien under sec- country that (except in the case of an alien year and a summary of the reasons for grant- tion 262 of the Immigration and Nationality described in clause (ii)) the alien has no in- ing such waivers. Act (8 U.S.C. 1302) or any other provision of tention of abandoning, who is a bona fide ‘‘(5) For purposes of subsection law to satisfy the requirement to submit fin- student, scholar, trainee, teacher, professor, (a)(27)(N)(i)(II), a determination of age shall gerprints of clause (i). research assistant, specialist, or leader in a be made using the age of the alien on the (B) DATABASE SEARCH.—The Secretary field of specialized knowledge or skill, or date on which the alien was referred to the shall ensure that a search of each database other person of similar description, and consular, immigration, or other designated that contains fingerprints that is maintained who— official. by an agency or department of the United ‘‘(i) is coming temporarily to the United States be conducted to determine whether ‘‘(6) The Secretary of Homeland Security States as a participant in a program (other such alien is ineligible for an adjustment of shall waive any application fee for a special than a graduate program described in clause status under any provision of the Immigra- immigrant visa for an alien described in sec- (ii)) designated by the Secretary of State, for tion and Nationality Act (8 U.S.C. 1101 et tion 101(a)(27)(N).’’. the purpose of teaching, instructing or lec- seq.) on criminal, security, or related (3) EXPEDITED PROCESS.—Not later than 45 turing, studying, observing, conducting re- grounds. days after the date of referral to a consular, search, consulting, demonstrating special (C) COOPERATION AND SCHEDULE.—The Sec- immigration, or other designated official (as skills, or receiving training and who, if com- retary and the head of each appropriate described in section 101(a)(27)(N) of the Im- ing to the United States to participate in a agency or department of the United States migration and Nationality Act, as added by program under which the alien will receive shall work cooperatively to ensure that each paragraph (1))— graduate medical education or training, also database search required by subparagraph meets the requirements of section 212(j), and (A) special immigrant status shall be adju- (B) is completed not later than 180 days after dicated; and the alien spouse and minor children of any the date on which the alien enters the such alien if accompanying the alien or fol- (B) if special immigrant status is granted, United States. the alien shall be paroled to the United lowing to join the alien; or (D) ADMINISTRATIVE AND JUDICIAL REVIEW.— States pursuant to section 212(d)(5) of that ‘‘(ii) has been accepted and plans to attend (i) IN GENERAL.—There may be no review of Act (8 U.S.C. 1182(d)(5)) and allowed to apply an accredited graduate program in the a determination by the Secretary, after a sciences, technology, engineering, or mathe- for adjustment of status to permanent resi- search required by subparagraph (B), that an dence under section 245 of that Act (8 U.S.C. matics in the United States for the purpose alien is ineligible for an adjustment of sta- of obtaining an advanced degree. 1255) within 1 year after the alien’s arrival in tus, under any provision of the Immigration the United States. ‘‘(c) ADMISSION OF NONIMMIGRANTS.—Sec- and Nationality Act (8 U.S.C. 1101 et seq.) on tion 214(b) (8 U.S.C. 1184(b)) is amended by (4) REPORT TO CONGRESS.—Not later than 1 criminal, security, or related grounds except striking ‘subparagraph (L) or (V)’ and insert- year after the date of the enactment of this as provided in this subparagraph. Act, the Secretary shall submit a report to ing ‘subparagraph (F)(iv), (J)(ii), (L), or (V)’. (ii) ADMINISTRATIVE REVIEW.—An alien may ‘‘(d) REQUIREMENTS FOR F–4 OR J–STEM the Committee on the Judiciary of the Sen- appeal a determination described in clause VISA.—Section 214(m) (8 U.S.C. 1184(m)) is ate and the Committee on the Judiciary of (i) through the Administrative Appeals Of- amended— the House of Representatives on the progress fice of the Bureau of Citizenship and Immi- ‘‘(1) by inserting before paragraph (1) the of the implementation of this section and gration Services. The Secretary shall ensure following: the amendments made by this section, in- that a determination on such appeal is made ‘‘(m) NONIMMIGRANT ELEMENTARY, SEC- cluding— not later than 60 days after the date that the ONDARY, AND POST-SECONDARY SCHOOL STU- (A) data related to the implementation of appeal is filed. DENTS.—’’; and this section and the amendments made by (iii) JUDICIAL REVIEW.—There may be no ju- (2) by adding at the end the following: this section; dicial review of a determination described in ‘‘(3) A visa issued to an alien under sub- (B) data regarding the number of place- clause (i). paragraph (F)(iv) or (J)(ii) of section ments of females and children who faces a SEC. 507. STUDENT VISAS. 101(a)(15) shall be valid— credible fear of harm as referred to in sec- (a) IN GENERAL.—Section 101(a)(15)(F) (8 ‘‘(A) during the intended period of study in tion 101(a)(27)(N) of the Immigration and Na- U.S.C. 1101(a)(15)(F)) is amended— a graduate program described in such sec- tionality Act, as added by paragraph (1); and (1) in clause (i)— tion; (C) any other information that the Sec- (A) by striking ‘‘he has no intention of ‘‘(B) for an additional period, not to exceed retary considers appropriate. abandoning, who is’’ and inserting the fol- 1 year after the completion of the graduate (5) AUTHORIZATION OF APPROPRIATIONS.— lowing: ‘‘except in the case of an alien de- program, if the alien is actively pursuing an There are authorized to be appropriated such scribed in clause (iv), the alien has no inten- offer of employment related to the knowl- sums as may be necessary to carry out this tion of abandoning, who is— edge and skills obtained through the grad- subsection and the amendments made by ‘‘(I)’’; uate program; and this subsection. (B) by striking ‘‘consistent with section ‘‘(C) for the additional period necessary for (c) REQUIREMENTS FOR ALIENS.— 214(l)’’ and inserting ‘‘(except for a graduate the adjudication of any application for labor (1) REQUIREMENT PRIOR TO ENTRY INTO THE program described in clause (iv)) consistent certification, employment-based immigrant UNITED STATES.— with section 214(m)’’; petition, and application under section (A) DATABASE SEARCH.—An alien may not (C) by striking the comma at the end and 245(a)(2) to adjust such alien’s status to that be admitted to the United States unless the inserting the following: ‘‘; or of an alien lawfully admitted for permanent Secretary has ensured that a search of each ‘‘(II) engaged in temporary employment residence, if such application for labor cer- database maintained by an agency or depart- for optional practical training related to the tification or employment-based immigrant ment of the United States has been con- alien’s area of study, which practical train- petition has been filed not later than 1 year ducted to determine whether such alien is in- ing shall be authorized for a period or peri- after the completion of the graduate pro- eligible to be admitted to the United States ods of up to 24 months;’’; gram.’’ on criminal, security, or related grounds. (2) in clause (ii)— (e) WAIVER OF FOREIGN RESIDENCE REQUIRE- (B) COOPERATION AND SCHEDULE.—The Sec- (A) by inserting ‘‘or (iv)’’ after ‘‘clause (i)’’; MENT.—Section 212(e) (8 U.S.C. 1182(e)) is retary and the head of each appropriate and amended— agency or department of the United States (B) by striking ‘‘, and’’ and inserting a (1) by inserting ‘‘(1)’’ before ‘‘No person’’; shall work cooperatively to ensure that each semicolon; and (2) by striking ‘‘admission (i) whose’’ and database search required by subparagraph (3) by adding at the end the following: inserting the following: ‘‘admission— (A) is completed not later than 45 days after ‘‘(iv) an alien described in clause (i) who ‘‘(A) whose the date on which an alien files a petition has been accepted and plans to attend an ac- ‘‘(3) by striking ‘‘residence, (ii) who’’ and seeking a special immigration visa under credited graduate program in mathematics, inserting the following: ‘‘residence; section 101(a)(27)(N) of the Immigration and engineering, technology, or the sciences in ‘‘(B) who Nationality Act, as added by subsection the United States for the purpose of obtain- ‘‘(4) by striking ‘‘engaged, or (iii) who’’ and (b)(1). ing an advanced degree; and inserting the following: ‘‘engaged; or

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00091 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9950 CONGRESSIONAL RECORD — SENATE September 21, 2006 ‘‘(C) who ‘‘(A) the alien has been issued a visa or ‘‘(I) The spouse and minor children of an ‘‘(5) by striking ‘‘training, shall’’ and in- otherwise provided nonimmigrant status alien who is admitted as an employment- serting the following: ‘‘training, under subparagraph (J)(ii) or (F)(iv) of sec- based immigrant under section 203(b).’’. shall tion 101(a)(15), or would have qualified for (2) APPLICABILITY.—The amendment made ‘‘(6) by striking ‘‘United States: Provided, such nonimmigrant status if subparagraph by paragraph (1) shall apply to any visa ap- That upon’’ and inserting the following: (J)(ii) or (F)(iv) of section 101(a)(15) had been plication— ‘‘United States. enacted before the completion of such alien’s (A) pending on the date of the enactment ‘‘(2) Upon’’; graduate studies; of this Act; or (7) by striking ‘‘section 214(l): And provided ‘‘(B) the alien has earned an advanced de- (B) filed on or after such date of enact- further, That, except’’ and inserting the fol- gree in the sciences, technology, engineer- ment. lowing: ‘‘section 214(l). ing, or mathematics; (b) LABOR CERTIFICATION.—Section ‘‘(3) Except’’; and ‘‘(C) the alien is the beneficiary of a peti- 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is (8) by adding at the end the following: tion filed under subparagraph (E) or (F) of amended— ‘‘(4) An alien who has been issued a visa or section 204(a)(1); and (1) in subclause (I), by striking ‘‘or’’ at the otherwise provided nonimmigrant status ‘‘(D) a fee of $2,000 is remitted to the Sec- end; under section 101(a)(15)(J)(ii), or who would retary on behalf of the alien. (2) in subclause (II), by striking the period have qualified for such nonimmigrant status ‘‘(3) LIMITATION.—An application for ad- at the end and inserting ‘‘; or’’; and if section 101(a)(15)(J)(ii) had been enacted justment of status filed under this section (3) by adding at the end the following: before the completion of such alien’s grad- may not be approved until an immigrant ‘‘(III) has an advanced degree in the uate studies, shall not be subject to the 2- visa number becomes available. sciences, technology, engineering, or mathe- year foreign residency requirement under ‘‘(4) FILING IN CASES OF UNAVAILABLE VISA matics from an accredited university in the this subsection.’’ NUMBERS.—Subject to the limitation de- United States and is employed in a field re- (f) OFF CAMPUS WORK AUTHORIZATION FOR scribed in paragraph (3), if a supplemental lated to such degree.’’. FOREIGN STUDENTS.— petition fee is paid for a petition under sub- (c) TEMPORARY WORKERS.—Section 214(g) (8 (1) IN GENERAL.—Aliens admitted as non- paragraph (E) or (F) of section 204(a)(1), an U.S.C. 1184(g)) is amended— immigrant students described in section application under paragraph (1) on behalf of (1) in paragraph (1)— 101(a)(15)(F) of the Immigration and Nation- an alien that is a beneficiary of the petition (A) by striking ‘‘(beginning with fiscal ality Act (8 U.S.C. 1101(a)(15)(F)) may be em- (including a spouse or child who is accom- year 1992)’’; and ployed in an off-campus position unrelated panying or following to join the beneficiary) (B) in subparagraph (A)— to the alien’s field of study if— may be filed without regard to the require- (i) in clause (vii), by striking ‘‘each suc- (A) the alien has enrolled full-time at the ment under paragraph (1)(D). ceeding fiscal year; or’’ and inserting ‘‘each educational institution and is maintaining ‘‘(5) PENDING APPLICATIONS.—Subject to the of fiscal years 2004, 2005, and 2006;’’; and good academic standing; limitation described in paragraph (3), if a pe- (ii) by adding after clause (vii) the fol- (B) the employer provides the educational tition under subparagraph (E) or (F) of sec- lowing: institution and the Secretary of Labor with tion 204(a)(1) is pending or approved as of the ‘‘(viii) 115,000 in the first fiscal year begin- an attestation that the employer— date of enactment of this paragraph, on pay- ning after the date of the enactment of this (i) has spent at least 21 days recruiting ment of the supplemental petition fee under clause; and United States citizens to fill the position; that section, the alien that is the beneficiary ‘‘(ix) the number calculated under para- and of the petition may submit an application graph (9) in each fiscal year after the year (ii) will pay the alien and other similarly for adjustment of status under this sub- described in clause (viii); or’’; situated workers at a rate equal to not less section without regard to the requirement (2) in paragraph (5)— than the greater of— under paragraph (1)(D). (A) in subparagraph (B), by striking ‘‘or’’ (I) the actual wage level for the occupation ‘‘(6) EMPLOYMENT AUTHORIZATIONS AND AD- at the end; at the place of employment; or VANCED PAROLE TRAVEL DOCUMENTATION.— (B) in subparagraph (C), by striking the pe- (II) the prevailing wage level for the occu- The Attorney General shall— riod at the end and inserting ‘‘; or’’; and pation in the area of employment; and ‘‘(A) provide to any immigrant who has (C) by adding at the end the following: (C) the alien will not be employed more submitted an application for adjustment of ‘‘(D) has earned an advanced degree in than— status under this subsection not less than 3 science, technology, engineering, or math.’’; (i) 20 hours per week during the academic increments, the duration of each of which (3) by redesignating paragraphs (9), (10), term; or shall be not less than 3 years, for any appli- and (11) as paragraphs (10), (11), and (12), re- (ii) 40 hours per week during vacation peri- cable employment authorization or advanced spectively; and ods and between academic terms. parole travel document of the immigrant; (4) by inserting after paragraph (8) the fol- (2) DISQUALIFICATION.—If the Secretary of and lowing: Labor determines that an employer has pro- ‘‘(B) adjust each applicable fee payment ‘‘(9) If the numerical limitation in para- vided an attestation under paragraph (1)(B) schedule in accordance with the increments graph (1)(A)— that is materially false or has failed to pay provided under subparagraph (A) so that 1 ‘‘(A) is reached during a given fiscal year, wages in accordance with the attestation, fee for each authorization or document is re- the numerical limitation under paragraph the employer, after notice and opportunity quired for each 3-year increment.’’ (1)(A)(ix) for the subsequent fiscal year shall for a hearing, shall be disqualified from em- (h) USE OF FEES.— be equal to 120 percent of the numerical limi- ploying an alien student under paragraph (1). (1) JOB TRAINING; SCHOLARSHIPS.—Section tation of the given fiscal year; or (g) ADJUSTMENT OF STATUS.—Section 245(a) 286(s)(1) (8 U.S.C. 1356(s)(1)) is amended by in- ‘‘(B) is not reached during a given fiscal (8 U.S.C. 1255(a)) is amended to read as fol- serting ‘‘and 80 percent of the fees collected year, the numerical limitation under para- lows: under section 245(a)(2)(D)’’ before the period graph (1)(A)(ix) for the subsequent fiscal ‘‘(a) AUTHORIZATION.— at the end. year shall be equal to the numerical limita- ‘‘(1) IN GENERAL.—The status of an alien, (2) FRAUD PREVENTION AND DETECTION.— tion of the given fiscal year.’’. who was inspected and admitted or paroled Section 286(v)(1) (8 U.S.C. 1356(v)(1)) is (d) APPLICABILITY.—The amendment made into the United States, or who has an ap- amended by inserting ‘‘and 20 percent of the by subsection (c)(2) shall apply to any visa proved petition for classification under sub- fees collected under section 245(a)(2)(D)’’ be- application— paragraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii) fore the period at the end. (1) pending on the date of the enactment of of section 204(a)(1), may be adjusted by the SEC. 508. VISAS FOR INDIVIDUALS WITH AD- this Act; or Secretary of Homeland Security or the At- VANCED DEGREES. (2) filed on or after such date of enactment. torney General, under such regulations as (a) ALIENS WITH CERTAIN ADVANCED DE- (e) WORLDWIDE LEVEL OF IMMIGRANTS WITH the Secretary or the Attorney General may GREES NOT SUBJECT TO NUMERICAL LIMITA- ADVANCED DEGREES.—Section 201 (8 U.S.C. prescribe, to that of an alien lawfully admit- TIONS ON EMPLOYMENT BASED IMMIGRANTS.— 1151) is amended— ted for permanent residence if— (1) IN GENERAL.—Section 201(b)(1) (8 U.S.C. (1) in subsection (a)(3), by inserting ‘‘and ‘‘(A) the alien makes an application for 1151(b)(1)), as amended by section 505, is immigrants with advanced degrees’’ after such adjustment; amended by adding at the end the following: ‘‘diversity immigrants’’; and ‘‘(B) the alien is eligible to receive an im- ‘‘(G) Aliens who have earned an advanced (2) by amending subsection (e) to read as migrant visa; degree in science, technology, engineering, follows: ‘‘(C) the alien is admissible to the United or math and have been working in a related ‘‘(e) WORLDWIDE LEVEL OF DIVERSITY IMMI- States for permanent residence; and field in the United States under a non- GRANTS AND IMMIGRANTS WITH ADVANCED DE- ‘‘(D) an immigrant visa is immediately immigrant visa during the 3-year period pre- GREES.— available to the alien at the time the appli- ceding their application for an immigrant ‘‘(1) DIVERSITY IMMIGRANTS.—The world- cation is filed. visa under section 203(b). wide level of diversity immigrants described ‘‘(2) STUDENT VISAS.—Notwithstanding the ‘‘(H) Aliens described in subparagraph (A) in section 203(c)(1) is equal to 18,333 for each requirement under paragraph (1)(D), an alien or (B) of section 203(b)(1)(A) or who have re- fiscal year. may file an application for adjustment of ceived a national interest waiver under sec- ‘‘(2) IMMIGRANTS WITH ADVANCED DE- status under this section if— tion 203(b)(2)(B). GREES.—The worldwide level of immigrants

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with advanced degrees described in section scribed in subsection (c)(2) is not greater ‘‘(A) USE OF APPLICATION FILING DATE.—De- 203(c)(2) is equal to 36,667 for each fiscal than the worldwide level specified in section terminations made under this subsection as year.’’. 201(e)(2), the Secretary shall— to whether an individual is a child of a par- (f) IMMIGRANTS WITH ADVANCED DEGREES.— ‘‘(i) issue immigrant visas to eligible quali- ent shall be made using the age and status of Section 203 (8 U.S.C. 1153(c)) is amended— fied immigrants with degrees selected in sub- the individual on October 21, 1998. (1) in subsection (c)— section (c)(2)(B); and ‘‘(B) APPLICATION SUBMISSION BY PARENT.— (A) in paragraph (1), by striking ‘‘para- ‘‘(ii) issue any immigrant visas remaining Notwithstanding paragraph (1)(C), an appli- graph (2), aliens subject to the worldwide thereafter to other eligible qualified immi- cation under this subsection filed based on level specified in section 201(e)’’ and insert- grants with degrees described in subsection status as a child may be filed for the benefit ing ‘‘paragraphs (2) and (3), aliens subject to (c)(2)(A) in a strictly random order estab- of such child by a parent or guardian of the the worldwide level specified in section lished by the Secretary for the fiscal year in- child, if the child is physically present in the 201(e)(1)’’; volved.’’. United States on such filing date.’’. (B) by redesignating paragraphs (2) and (3) (g) EFFECTIVE DATE.—The amendments (b) NEW APPLICATIONS AND MOTIONS TO RE- as paragraphs (3) and (4), respectively; made by subsections (e) and (f) shall take ef- OPEN.— (C) by inserting after paragraph (1) the fol- fect on October 1, 2006. (1) NEW APPLICATIONS.—Notwithstanding lowing: SEC. 509. CHILDREN OF FILIPINO WORLD WAR II section 902(a)(1)(A) of the Haitian Refugee ‘‘(2) ALIENS WHO HOLD AN ADVANCED DEGREE VETERANS. Immigration Fairness Act of 1998, an alien IN SCIENCE, MATHEMATICS, TECHNOLOGY, OR Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as who is eligible for adjustment of status ENGINEERING.— amended by sections 505 and 508, is further under such Act, as amended by subsection ‘‘(A) IN GENERAL.—Qualified immigrants amended by adding at the end the following: (a), may submit an application for adjust- who hold a master’s or doctorate degree in ‘‘(J) Aliens who are eligible for a visa ment of status under such Act not later than the life sciences, the physical sciences, under paragraph (1) or (3) of section 203(a) the later of— mathematics, technology, or engineering and are the children of a citizen of the (A) 2 years after the date of the enactment from an accredited university in the United United States who was naturalized pursuant of this Act; or States, or an equivalent foreign degree, shall to section 405 of the Immigration Act of 1990 (B) 1 year after the date on which final reg- be allotted visas each fiscal year in a number (8 U.S.C. 1440 note).’’. ulations implementing this section, and the not to exceed the worldwide level specified in SEC. 510. EXPEDITED ADJUDICATION OF EM- amendment made by subsection (a), are pro- section 201(e)(2). PLOYER PETITIONS FOR ALIENS OF mulgated. ‘‘(B) ECONOMIC CONSIDERATIONS.—Beginning EXTRAORDINARY ARTISTIC ABILITY. (2) MOTIONS TO REOPEN.—The Secretary on the date which is 1 year after the date of Section 214(c) (8 U.S.C. 1184(c)) is amend- shall establish procedures for the reopening the enactment of this paragraph, the Sec- ed— and reconsideration of applications for ad- retary of State, in consultation with the (1) by striking ‘‘Attorney General’’ each justment of status under the Haitian Ref- Secretary of Commerce and the Secretary of place it appears and inserting ‘‘Secretary of ugee Immigration Fairness Act of 1998 that Labor, and after notice and public hearing, Homeland Security’’; and are affected by the amendment made by sub- shall determine which of the degrees de- (2) in paragraph (6)(D)— section (a). scribed in subparagraph (A) will provide im- (A) by Striking ‘‘Any person’’ and insert- (3) RELATIONSHIP OF APPLICATION TO CER- migrants with the knowledge and skills that ing ‘‘(i) Except as provided in clause (ii), any TAIN ORDERS.—Section 902(a)(3) of the Hai- are most needed to meet anticipated work- person’’; and tian Refugee Immigration Fairness Act of force needs and protect the economic secu- (B) adding at the end the following: 1998 shall apply to an alien present in the rity of the United States.’’; ‘‘(ii) The Secretary of Homeland Security United States who has been ordered ex- (D) in paragraph (3), as redesignated, by shall adjudicate each petition for an alien cluded, deported, removed, or ordered to de- striking ‘‘this subsection’’ each place it ap- with extraordinary ability in the arts (as de- part voluntarily, and who files an applica- pears and inserting ‘‘paragraph (1)’’; and scribed in section 101(a)(15)(O)(i)), an alien tion under paragraph (1) or a motion under (E) by amending paragraph (4), as redesig- accompanying such an alien (as described in paragraph (2), in the same manner as such nated, to read as follows: clauses (ii) and (iii) of section 101(a)(15)(O)), section 902(a)(3) applied to aliens filing appli- ‘‘(4) MAINTENANCE OF INFORMATION.— or an alien described in section 101(a)(15)(P) cations for adjustment of status under such ‘‘(A) DIVERSITY IMMIGRANTS.—The Sec- not later than 30 days after— Act prior to April 1, 2000. retary of State shall maintain information ‘‘(I) the date on which the petitioner sub- (c) INADMISSIBILITY DETERMINATION.—Sec- on the age, occupation, education level, and mits the petition with a written advisory tion 902 of the Haitian Refugee Immigration other relevant characteristics of immigrants opinion, letter of no objection, or request for Fairness Act of 1998 (8 U.S.C. 1255 note) is issued visas under paragraph (1). a waiver; or amended in subsections (a)(1)(B) and (d)(1)(D) ‘‘(B) IMMIGRANTS WITH ADVANCED DE- ‘‘(II) the date on which the 15-day period by inserting ‘‘(6)(C)(i),’’ after ‘‘(6)(A),’’. GREES.—The Secretary of State shall main- described in clause (i) has expired, if the pe- Subtitle B—SKIL Act tain information on the age, degree (includ- titioner has had an opportunity, as appro- SEC. 521. SHORT TITLE. ing field of study), occupation, work experi- priate, to supply rebuttal evidence. This subtitle may be cited as the ‘‘Secur- ence, and other relevant characteristics of ‘‘(iii) If a petition described in clause (ii) is ing Knowledge, Innovation, and Leadership immigrants issued visas under paragraph not adjudicated before the end of the 30-day Act of 2006’’ or the ‘‘SKIL Act of 2006’’ (2).’’; and period described in clause (ii) and the peti- SEC. 522. H–1B VISA HOLDERS. (2) in subsection (e)— tioner is a qualified nonprofit organization (a) IN GENERAL.—Section 214(g)(5) (8 U.S.C. (A) in paragraph (2), by striking ‘‘(c)’’ and or an individual or entity petitioning pri- 1184(g)(5)) is amended— inserting ‘‘(c)(1)’’; marily on behalf of a qualified nonprofit or- (1) in subparagraph (B)— (B) by redesignating paragraph (3) as para- ganization, the Secretary of Homeland Secu- (A) by striking ‘‘nonprofit research’’ and graph (4); and rity shall provide the petitioner with the inserting ‘‘nonprofit’’; (C) by inserting after paragraph (2) the fol- premium-processing services referred to in (B) by inserting ‘‘Federal, State, or local’’ lowing: section 286(u), without a fee.’’. before ‘‘governmental’’; and ‘‘(3) Immigrant visas made available under SEC. 511. POWERLINE WORKERS. (C) by striking ‘‘or’’ at the end; subsection (c)(2) shall be issued as follows: ‘‘(A) If the Secretary of State has not made Section 214(e) (8 U.S.C. 1184(e)) is amended (2) in subparagraph (C)— a determination under subsection (c)(2)(B), by adding at the end the following new para- (A) by striking ‘‘a United States institu- immigrant visas shall be issued in a strictly graph: tion of higher education (as defined in sec- random order established by the Secretary ‘‘(7) A citizen of Canada who is a powerline tion 101(a) of the Higher Education Act of for the fiscal year involved. worker, who has received significant train- 1965 (20 U.S.C. 1001(a))),’’ and inserting ‘‘an ‘‘(B) If the Secretary of State has made a ing, and who seeks admission to the United institution of higher education in a foreign determination under subsection (c)(2)(B) and States to perform powerline repair and main- country,’’; and the number of eligible qualified immigrants tenance services shall be admitted in the (B) by striking the period at the end and who have a degree selected under such sub- same manner and under the same authority inserting a semicolon; section and apply for an immigrant visa de- as a citizen of Canada described in paragraph (3) by adding at the end, the following new scribed in subsection (c)(2) is greater than (2).’’. subparagraphs: the worldwide level specified in section SEC. 512. DETERMINATIONS WITH RESPECT TO ‘‘(D) has earned a master’s or higher degree 201(e)(2), the Secretary shall issue immigrant CHILDREN UNDER THE HAITIAN from a United States institution of higher visas only to such immigrants and in a REFUGEE IMMIGRATION FAIRNESS education (as defined in section 101(a) of the strictly random order established by the Sec- ACT OF 1998. Higher Education Act of 1965 (20 U.S.C. retary for the fiscal year involved. (a) IN GENERAL.—Section 902(d) of the Hai- 1001(a))); ‘‘(C) If the Secretary of State has made a tian Refugee Immigration Fairness Act of ‘‘(E) has been awarded medical specialty determination under subsection (c)(2)(B) and 1998 (8 U.S.C. 1255 note) is amended by adding certification based on post-doctoral training the number of eligible qualified immigrants at the end the following: and experience in the United States; or’’. who have degrees selected under such sub- ‘‘(3) DETERMINATIONS WITH RESPECT TO CHIL- (b) APPLICABILITY.—The amendments made section and apply for an immigrant visa de- DREN.— by subsection (a) shall apply to any petition

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or visa application pending on the date of en- (3) by adding at the end the following: (2) ADMISSION.—Section 214(b) (8 U.S.C. actment of this Act and any petition or visa ‘‘(III) is a member of the professions and 1184(b)) is amended by inserting ‘‘(F)(i),’’ be- application filed on or after such date. has a master’s degree or higher from an ac- fore ‘‘(L) or (V)’’. SEC. 523. MARKET-BASED VISA LIMITS. credited United States university or has (3) CONFORMING AMENDMENT.—Section Section 214(g) (8 U.S.C. 1184(g)) is amend- been awarded medical specialty certification 214(m)(1) (8 U.S.C. 1184(m)(1)) is amended, in ed— based on post-doctoral training and experi- the matter preceding subparagraph (A), by (1) in paragraph (1)— ence in the United States.’’. striking ‘‘(i) or (iii)’’ and inserting ‘‘(i), (ii), (A) in the matter preceding subparagraph SEC. 525. STUDENT VISA REFORM. or (iv)’’. (A), by striking ‘‘(beginning with fiscal year (a) IN GENERAL.— (b) OFF CAMPUS WORK AUTHORIZATION FOR 1992)’’; and (1) NONIMMIGRANT CLASSIFICATION.—Section FOREIGN STUDENTS.— (B) in subparagraph (A)— 101(a)(15)(F) (8 U.S.C. 1101(a)(15)(F)) is (1) IN GENERAL.—Aliens admitted as non- (i) in clause (vi) by striking ‘‘and’’; amended to read as follows: immigrant students described in section (ii) in clause (vii), by striking ‘‘each suc- ‘‘(F) an alien— 101(a)(15)(F), as amended by subsection (a), (8 ceeding fiscal year; or’’ and inserting ‘‘each ‘‘(i) who— U.S.C. 1101(a)(15)(F)) may be employed in an of fiscal years 2004, 2005, and 2006;’’; and ‘‘(I) is a bona fide student qualified to pur- off-campus position unrelated to the alien’s (iii) by adding after clause (vii) the fol- sue a full course of study in mathematics, field of study if— lowing: engineering, technology, or the sciences (A) the alien has enrolled full-time at the ‘‘(viii) 115,000 in the first fiscal year begin- leading to a bachelors or graduate degree educational institution and is maintaining ning after the date of the enactment of the and who seeks to enter the United States for good academic standing; Securing Knowledge, Innovation, and Lead- the purpose of pursuing such a course of (B) the employer provides the educational ership Act of 2006; and study consistent with section 214(m) at an institution and the Secretary of Labor with ‘‘(ix) the number calculated under para- institution of higher education (as defined by an attestation that the employer— graph (9) in each fiscal year after the year section 101(a) of the Higher Education Act of (i) has spent at least 21 days recruiting described in clause (viii); or’’; 1965 (20 U.S.C. 1001(a))) in the United States, United States citizens to fill the position; (2) in paragraph (8), by striking subpara- particularly designated by the alien and ap- and proved by the Secretary of Homeland Secu- graphs (B)(iv) and (D); (ii) will pay the alien and other similarly rity, after consultation with the Secretary of (3) by redesignating paragraphs (9), (10), situated workers at a rate equal to not less Education, which institution or place of and (11) as paragraphs (10), (11), and (12), re- than the greater of— study shall have agreed to report to the Sec- spectively; and (I) the actual wage level for the occupation retary the termination of attendance of each (4) by inserting after paragraph (8) the fol- at the place of employment; or nonimmigrant student, and if any such insti- lowing: (II) the prevailing wage level for the occu- tution of learning or place of study fails to ‘‘(9) If the numerical limitation in para- pation in the area of employment; and make reports promptly the approval shall be graph (1)(A)— (C) the alien will not be employed more withdrawn; or ‘‘(A) is reached during a given fiscal year, than— ‘‘(II) is engaged in temporary employment the numerical limitation under paragraph (i) 20 hours per week during the academic for optional practical training related to term; or (1)(A)(ix) for the subsequent fiscal year shall such alien’s area of study following comple- be equal to 120 percent of the numerical limi- (ii) 40 hours per week during vacation peri- tion of the course of study described in sub- ods and between academic terms. tation of the given fiscal year; or clause (I) for a period or periods of not more ‘‘(B) is not reached during a given fiscal (2) DISQUALIFICATION.—If the Secretary of than 24 months; Labor determines that an employer has pro- year, the numerical limitation under para- ‘‘(ii) who— graph (1)(A)(ix) for the subsequent fiscal vided an attestation under paragraph (1)(B) ‘‘(I) has a residence in a foreign country that is materially false or has failed to pay year shall be equal to the numerical limita- which the alien has no intention of aban- tion of the given fiscal year.’’. wages in accordance with the attestation, doning, who is a bona fide student qualified the employer, after notice and opportunity SEC. 524. UNITED STATES EDUCATED IMMI- to pursue a full course of study, and who GRANTS. for a hearing, shall be disqualified from em- seeks to enter the United States temporarily ploying an alien student under paragraph (1). (a) IN GENERAL.—Section 201(b)(1) (8 U.S.C. and solely for the purpose of pursuing such a SEC. 526. L–1 VISA HOLDERS SUBJECT TO VISA 1151(b)(1)) is amended by adding at the end course of study consistent with section the following: BACKLOG. 214(m) at an established college, university, Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is ‘‘(F) Aliens who have earned a master’s or seminary, conservatory, academic high amended by adding at the end the following higher degree from an accredited United school, elementary school, or other academic new subparagraph: States university. institution or in a language training pro- ‘‘(G) The limitations contained in subpara- ‘‘(G) Aliens who have been awarded med- gram in the United States, particularly des- graph (D) with respect to the duration of au- ical specialty certification based on post- ignated by the alien and approved by the thorized stay shall not apply to any non- doctoral training and experience in the Secretary of Homeland Security, after con- immigrant alien previously issued a visa or United States preceding their application for sultation with the Secretary of Education, otherwise provided nonimmigrant status an immigrant visa under section 203(b). which institution or place of study shall under section 101(a)(15)(L) on whose behalf a ‘‘(H) Aliens who will perform labor in have agreed to report to the Secretary the petition under section 204(b) to accord the shortage occupations designated by the Sec- termination of attendance of each non- alien immigrant status under section 203(b), retary of Labor for blanket certification immigrant student, and if any such institu- or an application for labor certification (if under section 212(a)(5)(A) as lacking suffi- tion of learning or place of study fails to such certification is required for the alien to cient United States workers able, willing, make reports promptly the approval shall be obtain status under such section 203(b)) has qualified, and available for such occupations withdrawn; or been filed, if 365 days or more have elapsed and for which the employment of aliens will ‘‘(II) is engaged in temporary employment since such filing. The Secretary of Homeland not adversely affect the terms and condi- for optional practical training related to Security shall extend the stay of an alien tions of similarly employed United States such alien’s area of study following comple- who qualifies for an exemption under this workers. tion of the course of study described in sub- subparagraph until such time as a final deci- ‘‘(I) Aliens who have earned a master’s de- clause (I) for a period or periods of not more sion is made on the alien’s lawful permanent gree or higher in science, technology, engi- than 24 months; residence.’’. neering, or math and have been working in a ‘‘(iii) who is the spouse or minor child of SEC. 527. RETAINING WORKERS SUBJECT TO related field in the United States in a non- an alien described in clause (i) or (ii) if ac- GREEN CARD BACKLOG. immigrant status during the 3-year period companying or following to join such an (a) ADJUSTMENT OF STATUS.— preceding their application for an immigrant alien; or (1) IN GENERAL.—Section 245(a) (8 U.S.C. visa under section 203(b). ‘‘(iv) who— 1255(a)) is amended to read as follows: ‘‘(J) Aliens described in subparagraph (A) ‘‘(I) is a national of Canada or Mexico, who ‘‘(a) ELIGIBILITY.— or (B) of section 203(b)(1) or who have re- maintains actual residence and place of ‘‘(1) IN GENERAL.—The status of an alien ceived a national interest waiver under sec- abode in the country of nationality, who is who was inspected and admitted or paroled tion 203(b)(2)(B). described in clause (i) or (ii) except that the into the United States or the status of any ‘‘(K) The spouse and minor children of an alien’s qualifications for and actual course of other alien having an approved petition for alien who is admitted as an employment- study may be full or part-time, and who classification under subparagraph (A)(iii), based immigrant under section 203(b).’’. commutes to the United States institution (A)(iv), (B)(ii), or (B)(iii) of section 204(a)(1) (b) LABOR CERTIFICATIONS.—Section or place of study from Canada or Mexico; or may be adjusted by the Secretary of Home- 212(a)(5)(A)(ii) (8 U.S.C. 1182(a)(5)(A)(ii)) is ‘‘(II) is engaged in temporary employment land Security or the Attorney General, in amended— for optional practical training related to the discretion of the Secretary or the Attor- (1) by striking ‘‘or’’ at the end of subclause such the student’s area of study following ney General under such regulations as the (I); completion of the course of study described Secretary or Attorney General may pre- (2) by striking the period at the end of sub- in subclause (I) for a period or periods of not scribe, to that of an alien lawfully admitted clause (II) and inserting ‘‘; or’’; and more than 24 months;’’. for permanent residence if—

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‘‘(A) the alien makes an application for (b) PLACEMENT OF JOB ORDER.—The Sec- ‘‘(3) issue any documentation evidencing or such adjustment; retary of Labor shall maintain a website related to such grant by the Secretary, the ‘‘(B) the alien is eligible to receive an im- with links to the official website of each Attorney General, or any court. migrant visa and is admissible to the United workforce agency of a State, and such offi- ‘‘(k) PROHIBITION OF JUDICIAL ENFORCE- States for permanent residence; and cial website shall contain instructions on the MENT.—Notwithstanding any other provision ‘‘(C) an immigrant visa is immediately filing of a job order in order to satisfy the of law, no court may require any act de- available to the alien at the time the appli- job order requirements of section 656.17(e)(1) scribed in subsection (i) or (j) to be com- cation is filed. of title 20, Code of Federal Regulation (or pleted by a certain time or award any relief ‘‘(2) SUPPLEMENTAL FEE.—An application any successor regulation). for the failure to complete such acts.’’. under paragraph (1) that is based on a peti- (c) TECHNICAL CORRECTIONS.—The Sec- SEC. 532. VISA REVALIDATION. tion approved or approvable under subpara- retary of Labor shall establish a process by (a) IN GENERAL.—Section 222 (8 U.S.C. 1202) graph (E) or (F) of section 204(a)(1) may be which employers seeking certification under is amended by adding at the end the fol- filed without regard to the limitation set section 212(a)(5) of the Immigration and Na- lowing: forth in paragraph (1)(C) if a supplemental tionality Act (8 U.S.C. 1182(a)(5)), as amended ‘‘(i) The Secretary of State shall permit an fee of $500 is paid by the principal alien at by section 524(b), may make technical cor- alien granted a nonimmigrant visa under the time the application is filed. A supple- rections to applications in order to avoid re- subparagraph E, H, I, L, O, or P of section mental fee may not be required for any de- quiring employers to conduct additional re- 101(a)(15) to apply for a renewal of such visa pendent alien accompanying or following to cruitment to correct an initial technical within the United States if— join the principal alien. error. A technical error shall include any ‘‘(1) such visa expired during the 12-month ‘‘(3) VISA AVAILABILITY.—An application for error that would not have a material effect period ending on the date of such applica- adjustment filed under this paragraph may on the validity of the employer’s recruit- tion; not be approved until such time as an immi- ment of able, willing, and qualified United ‘‘(2) the alien is seeking a nonimmigrant grant visa become available.’’. States workers. visa under the same subparagraph under (b) USE OF FEES.—Section 286(v)(1) (8 (d) ADMINISTRATIVE APPEALS.—Motions to which the alien had previously received a U.S.C. 1356(v)(1)) is amended by inserting be- reconsider, and administrative appeals of, a visa; and fore the period at the end ‘‘and the fees col- denial of a permanent labor certification ap- ‘‘(3) the alien has complied with the immi- lected under section 245(a)(2).’’. plication, shall be decided by the Secretary gration laws and regulations of the United SEC. 528. STREAMLINING THE ADJUDICATION of Labor not later than 60 days after the date States.’’. PROCESS FOR ESTABLISHED EM- of the filing of such motion or such appeal. (b) CONFORMING AMENDMENT.—Section PLOYERS. 222(h) of such Act is amended, in the matter Section 214(c) (8. U.S.C. 1184) is amended by (e) APPLICATIONS UNDER PREVIOUS SYS- preceding subparagraph (1), by inserting adding at the end the following new para- TEM.—Not later than 180 days after the date ‘‘and except as provided under subsection graph: of the enactment of this Act, the Secretary ‘‘(1) Not later than 180 days after the date of Labor shall process and issue decisions on (i),’’ after ‘‘Act’’. of the enactment of the Securing Knowledge, all applications for permanent alien labor Subtitle C—Preservation of Immigration Innovation, and Leadership Act of 2006, the certification that were filed prior to March Benefits for Hurricane Katrina Victims Secretary of Homeland Security shall estab- 28, 2005. SEC. 541. SHORT TITLE. lish a pre-certification procedure for employ- (f) EFFECTIVE DATE.—The provisions of this This subtitle may be cited as the ‘‘Hurri- ers who file multiple petitions described in section shall take effect 90 days after the cane Katrina Victims Immigration Benefits this subsection or section 203(b). Such date of enactment of this Act, whether or Preservation Act’’. precertification procedure shall enable an not the Secretary of Labor has amended the SEC. 542. DEFINITIONS. employer to avoid repeatedly submitting regulations at part 656 of title 20, Code of In this subtitle: documentation that is common to multiple Federal Regulation to implement such (1) APPLICATION OF DEFINITIONS FROM THE petitions and establish through a single fil- changes. IMMIGRATION AND NATIONALITY ACT.—Except ing criteria relating to the employer and the SEC. 531. COMPLETION OF BACKGROUND AND SE- as otherwise specifically provided in this offered employment opportunity.’’. CURITY CHECKS. subtitle, the definitions in the Immigration SEC. 529. PROVIDING PREMIUM PROCESSING OF Section 103 (8 U.S.C. 1103) is amended by and Nationality Act shall apply in the ad- EMPLOYMENT-BASED VISA PETI- adding at the end the following new sub- ministration of this subtitle. TIONS. section: (2) DIRECT RESULT OF A SPECIFIED HURRI- (a) IN GENERAL.—Pursuant to section 286(u) of the Immigration and Nationality Act (8 ‘‘(i) REQUIREMENT FOR BACKGROUND CANE DISASTER.—The term ‘‘direct result of a U.S.C. 1356(u)), the Secretary of Homeland CHECKS.—Notwithstanding any other provi- specified hurricane disaster’’— Security shall establish and collect a fee for sion of law, until appropriate background (A) means physical damage, disruption of premium processing of employment-based and security checks, as determined by the communications or transportation, forced or immigrant petitions. Secretary of Homeland Security, have been voluntary evacuation, business closures, or (b) APPEALS.—Pursuant to such section completed, and the information provided to other circumstances directly caused by Hur- 286(u), the Secretary of Homeland Security and assessed by the official with jurisdiction ricane Katrina (on or after August 26, 2005) shall establish and collect a fee for premium to grant or issue the benefit or documenta- or Hurricane Rita (on or after September 21, processing of an administrative appeal of tion, on an in camera basis as may be nec- 2005); and any decision on a permanent employment- essary with respect to classified, law en- (B) does not include collateral or con- based immigrant petition. forcement, or other information that cannot sequential economic effects in or on the SEC. 530. ELIMINATING PROCEDURAL DELAYS IN be disclosed publicly, the Secretary of Home- United States or global economies. LABOR CERTIFICATION PROCESS. land Security, the Attorney General, or any SEC. 543. SPECIAL IMMIGRANT STATUS. (a) PREVAILING WAGE RATE.— court may not— (a) PROVISION OF STATUS.— (1) REQUIREMENT TO PROVIDE.—The Sec- ‘‘(1) grant or order the grant of adjustment (1) IN GENERAL.—For purposes of the Immi- retary of Labor shall provide prevailing wage of status of an alien to that of an alien law- gration and Nationality Act (8 U.S.C. 1101 et determinations to employers seeking a labor fully admitted for permanent residence; seq.), the Secretary may provide an alien de- certification for aliens pursuant to part 656 ‘‘(2) grant or order the grant of any other scribed in subsection (b) with the status of a of title 20, Code of Federal Regulation (or status, relief, protection from removal, or special immigrant under section 101(a)(27) of any successor regulation). The Secretary of other benefit under the immigration laws; or such Act (8 U.S.C. 1101(a)(27)), if the alien— Labor may not delegate this function to any ‘‘(3) issue any documentation evidencing or (A) files with the Secretary a petition agency of a State. related to such grant by the Secretary, the under section 204 of such Act (8 U.S.C. 1154) (2) SCHEDULE FOR DETERMINATION.—Except Attorney General, or any court. for classification under section 203(b)(4) of as provided in paragraph (3), the Secretary of ‘‘(j) REQUIREMENT TO RESOLVE FRAUD AL- such Act (8 U.S.C. 1153(b)(4)); Labor shall provide a response to an employ- LEGATIONS.—Notwithstanding any other pro- (B) is otherwise eligible to receive an im- er’s request for a prevailing wage determina- vision of law, until any suspected or alleged migrant visa; and tion in no more than 20 calendar days from fraud relating to the granting of any status (C) is otherwise admissible to the United the date of receipt of such request. If the (including the granting of adjustment of sta- States for permanent residence. Secretary of Labor fails to reply during such tus), relief, protection from removal, or (2) INAPPLICABLE PROVISION.—In deter- 20-day period, then the wage proposed by the other benefit under this Act has been inves- mining admissibility under paragraph (1)(C), employer shall be the valid prevailing wage tigated and resolved, the Secretary of Home- the grounds for inadmissibility specified in rate. land Security and the Attorney General may section 212(a)(4) of such Act (8 U.S.C. (3) USE OF SURVEYS.—The Secretary of not be required to— 1182(a)(4)) shall not apply. Labor shall accept an alternative wage sur- ‘‘(1) grant or order the grant of adjustment (b) ALIENS DESCRIBED.— vey provided by the employer unless the Sec- of status of an alien to that of an alien law- (1) PRINCIPAL ALIENS.—An alien is de- retary of Labor determines that the wage fully admitted for permanent residence; scribed in this subsection if— component of the Occupational Employment ‘‘(2) grant or order the grant of any other (A) the alien was the beneficiary of— Statistics Survey is more accurate for the status, relief, protection from removal, or (i) a petition that was filed with the Sec- occupation in the labor market area. other benefit under the immigration laws; or retary on or before August 26, 2005—

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(I) under section 204 of the Immigration (2) ALIENS DESCRIBED.— (d) EXTENSION OF FILING PERIOD.—If an and Nationality Act (8 U.S.C. 1154) to clas- (A) PRINCIPAL ALIENS.—An alien is de- alien is unable to timely file an application sify the alien as a family-sponsored immi- scribed in this paragraph if the alien was dis- to register or reregister for Temporary Pro- grant under section 203(a) of such Act (8 abled as a direct result of a specified hurri- tected Status under section 244 of the Immi- U.S.C. 1153(a)) or as an employment-based cane disaster. gration and Nationality Act (8 U.S.C. 1254a) immigrant under section 203(b) of such Act (8 (B) SPOUSES AND CHILDREN.—An alien is de- as a direct result of a specified hurricane dis- U.S.C. 1153(b)); or scribed in this paragraph if the alien, as of aster, the alien’s application may be consid- (II) under section 214(d) of such Act (8 August 26, 2005, was the spouse or child of— ered timely filed if it is filed not later than U.S.C. 1184(d)) to authorize the issuance of a (i) a principal alien described in subpara- 90 days after it otherwise would have been nonimmigrant visa to the alien under sec- graph (A); or due. tion 101(a)(15)(K) of such Act (8 U.S.C. (ii) an alien who died as a direct result of (e) VOLUNTARY DEPARTURE.— 1101(a)(15)(K)); or a specified hurricane disaster. (1) IN GENERAL.—Notwithstanding section (ii) an application for labor certification (3) AUTHORIZED EMPLOYMENT.—During the 240B of the Immigration and Nationality Act under section 212(a)(5)(A) of such Act (8 period in which a principal alien or alien (8 U.S.C. 1229c), if a period for voluntary de- U.S.C. 1182(a)(5)(A)) that was filed under reg- spouse is in lawful nonimmigrant status parture under such section expired during ulations of the Secretary of Labor on or be- under paragraph (1), the alien may be pro- the period beginning on August 26, 2005, and fore such date; and vided an ‘‘employment authorized’’ endorse- ending on December 31, 2005, and the alien (B) such petition or application was re- ment or other appropriate document signi- was unable to voluntarily depart before the voked or terminated (or otherwise rendered fying authorization of employment. expiration date as a direct result of a speci- null), before or after its approval, solely due (b) NEW DEADLINES FOR EXTENSION OR fied hurricane disaster, such voluntary de- to— CHANGE OF NONIMMIGRANT STATUS.— parture period is deemed extended for an ad- (i) the death or disability of the petitioner, (1) FILING DELAYS.— ditional 60 days. applicant, or alien beneficiary as a direct re- (A) IN GENERAL.—If an alien, who was law- (2) CIRCUMSTANCES PREVENTING DEPAR- sult of a specified hurricane disaster; or fully present in the United States as a non- TURE.—For purposes of this subsection, cir- (ii) loss of employment as a direct result of immigrant on August 26, 2005, was prevented cumstances preventing an alien from volun- a specified hurricane disaster. from filing a timely application for an exten- tarily departing the United States are— (2) SPOUSES AND CHILDREN.— sion or change of nonimmigrant status as a (A) office closures; (A) IN GENERAL.—An alien is described in direct result of a specified hurricane dis- (B) transportation cessations or delays; this subsection if— aster, the alien’s application may be consid- (C) other closures, cessations, or delays af- (i) the alien, as of August 26, 2005, was the ered timely filed if it is filed not later 1 year fecting case processing or travel necessary to spouse or child of a principal alien described after the application would have otherwise satisfy legal requirements; in paragraph (1); and been due. (D) mandatory evacuation and removal; (ii) the alien— (B) CIRCUMSTANCES PREVENTING TIMELY AC- and (I) is accompanying such principal alien; or TION.—For purposes of subparagraph (A), cir- (E) other circumstances, including medical (II) is following to join such principal alien cumstances preventing an alien from timely problems or financial hardship. not later than August 26, 2007. acting are— (f) CURRENT NONIMMIGRANT VISA HOLD- (B) CONSTRUCTION.—In construing the (i) office closures; ERS.— terms ‘‘accompanying’’ and ‘‘following to (ii) mail or courier service cessations or (1) IN GENERAL.—An alien, who was law- join’’ in subparagraph (A)(ii), the death of a delays; fully present in the United States on August principal alien described in paragraph (iii) other closures, cessations, or delays 26, 2005, as a nonimmigrant under section (1)(B)(i) shall be disregarded. affecting case processing or travel necessary 101(a)(15)(H) of the Immigration and Nation- (3) GRANDPARENTS OR LEGAL GUARDIANS OF to satisfy legal requirements; ality Act (8 U.S.C. 1101(a)(15)(H)) and lost ORPHANS.—An alien is described in this sub- (iv) mandatory evacuation and relocation; employment as a direct result of a specified section if the alien is a grandparent or legal or hurricane disaster may accept new employ- guardian of a child whose parents died as a (v) other circumstances, including medical ment upon the filing by a prospective em- direct result of a specified hurricane dis- problems or financial hardship. ployer of a new petition on behalf of such aster, if either of the deceased parents was, (2) DEPARTURE DELAYS.— nonimmigrant not later than August 26, 2006. as of August 26, 2005, a citizen or national of (A) IN GENERAL.—If an alien, who was law- (2) CONTINUATION OF EMPLOYMENT AUTHOR- the United States or an alien lawfully admit- fully present in the United States as a non- IZATION.—Employment authorization shall ted for permanent residence in the United immigrant on August 26, 2005, is unable to continue for such alien until the new peti- States. timely depart the United States as a direct tion is adjudicated. If the new petition is de- (c) PRIORITY DATE.—Immigrant visas made result of a specified hurricane disaster, the nied, such employment shall cease. available under this section shall be issued alien shall not be considered to have been (3) SAVINGS PROVISION.—Nothing in this to aliens in the order in which a petition on unlawfully present in the United States dur- subsection shall be construed to limit eligi- behalf of each such alien is filed with the ing the period beginning on August 26, 2005, bility for portability under section 214(n) of Secretary under subsection (a)(1), except and ending on the date of the alien’s depar- the Immigration and Nationality Act (8 that if an alien was assigned a priority date ture, if such departure occurred on or before U.S.C. 1184(n)). with respect to a petition described in sub- February 28, 2006. section (b)(1)(A)(i), the alien may maintain SEC. 545. HUMANITARIAN RELIEF FOR CERTAIN (B) CIRCUMSTANCES PREVENTING TIMELY AC- that priority date. SURVIVING SPOUSES AND CHIL- TION.—For purposes of subparagraph (A), cir- DREN. (d) NUMERICAL LIMITATIONS.—In applying sections 201 through 203 of the Immigration cumstances preventing an alien from timely (a) TREATMENT AS IMMEDIATE RELATIVES.— and Nationality Act (8 U.S.C. 1151–1153) in acting are— (1) SPOUSES.—Notwithstanding the second any fiscal year, aliens eligible to be provided (i) office closures; sentence of section 201(b)(2)(A)(i) of the Im- status under this section shall be treated as (ii) transportation cessations or delays; migration and Nationality Act (8 U.S.C. special immigrants who are not described in (iii) other closures, cessations, or delays 1151(b)(2)(A)(i)), in the case of an alien who subparagraph (A), (B), (C), or (K) of section affecting case processing or travel necessary was the spouse of a citizen of the United 101(a)(27) of such Act (8 U.S.C. 1101(a)(27)). to satisfy legal requirements; States at the time of the citizen’s death and SEC. 544. EXTENSION OF FILING OR REENTRY (iv) mandatory evacuation and relocation; was not legally separated from the citizen at DEADLINES. or the time of the citizen’s death, if the citizen (a) AUTOMATIC EXTENSION OF NON- (v) other circumstances, including medical died as a direct result of a specified hurri- IMMIGRANT STATUS.— problems or financial hardship. cane disaster, the alien (and each child of the (1) IN GENERAL.—Notwithstanding section (c) DIVERSITY IMMIGRANTS.—Section alien) may be considered, for purposes of sec- 214 of the Immigration and Nationality Act 204(a)(1)(I)(ii)(II) (8 U.S.C. 1154(a)(1)(I)(ii)(II)), tion 201(b) of such Act, to remain an imme- (8 U.S.C. 1184), an alien described in para- is amended to read as follows: diate relative after the date of the citizen’s graph (2) who was lawfully present in the ‘‘(II) An immigrant visa made available death if the alien files a petition under sec- United States as a nonimmigrant on August under subsection 203(c) for fiscal year 1998, or tion 204(a)(1)(A)(ii) of such Act not later than 26, 2005, may, unless otherwise determined by for a subsequent fiscal year, may be issued, 2 years after such date and only until the the Secretary in the Secretary’s discretion, or adjustment of status under section 245(a) date on which the alien remarries. For pur- lawfully remain in the United States in the based upon the availability of such visa may poses of such section 204(a)(1)(A)(ii), an alien same nonimmigrant status until the later be granted, to an eligible qualified alien who granted relief under this paragraph shall be of— has properly applied for such visa or adjust- considered an alien spouse described in the (A) the date on which such lawful non- ment in the fiscal year for which the alien second sentence of section 201(b)(2)(A)(i) of immigrant status would have otherwise ter- was selected notwithstanding the end of such such Act. minated absent the enactment of this sub- fiscal year. Such visa or adjustment of sta- (2) CHILDREN.— section; or tus shall be counted against the worldwide (A) IN GENERAL.—In the case of an alien (B) 1 year after the death or onset of dis- level set forth in subsection 201(e) for the fis- who was the child of a citizen of the United ability described in paragraph (2). cal year for which the alien was selected.’’. States at the time of the citizen’s death, if

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00096 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9955 the citizen died as a direct result of a speci- 207(c)(2)(A) or 208(b)(3)(A) of the Immigration (2) whose failure to comply with the immi- fied hurricane disaster, the alien may be con- and Nationality Act (8 U.S.C. 1157(c)(2)(A), gration laws was a direct result of a specified sidered, for purposes of section 201(b) of the 1158(b)(3)(A)) considered as if the alien’s hurricane disaster. Immigration and Nationality Act (8 U.S.C. death had not occurred. SEC. 551. EVIDENTIARY STANDARDS AND REGU- 1151(b)), to remain an immediate relative (2) ALIENS DESCRIBED.—An alien is de- LATIONS. after the date of the citizen’s death (regard- scribed in this paragraph if the alien— The Secretary shall establish appropriate less of subsequent changes in age or marital (A) died as a direct result of a specified evidentiary standards for demonstrating, for status), but only if the alien files a petition hurricane disaster; and purposes of this subtitle, that a specified under subparagraph (B) not later than 2 (B) on the day before such death, was— hurricane disaster directly resulted in— years after such date. (i) an alien admitted as a refugee under (1) death; (B) PETITIONS.—An alien described in sub- section 207 of the Immigration and Nation- (2) disability; or paragraph (A) may file a petition with the ality Act (8 U.S.C. 1157); or (3) loss of employment due to physical Secretary for classification of the alien (ii) granted asylum under section 208 of damage to, or destruction of, a business. under section 201(b)(2)(A)(i) of the Immigra- such Act (8 U.S.C. 1158). SEC. 552. IDENTIFICATION DOCUMENTS. tion and Nationality Act (8 U.S.C. (e) WAIVER OF PUBLIC CHARGE GROUNDS.— (a) TEMPORARY IDENTIFICATION.—The Sec- 1151(b)(2)(A)(i)), which shall be considered a In determining the admissibility of any alien retary shall have the authority to instruct petition filed under section 204(a)(1)(A) of accorded an immigration benefit under this any Federal agency to issue temporary iden- such Act (8 U.S.C. 1154(a)(1)(A)). section, the grounds for inadmissibility spec- tification documents to individuals affected (b) SPOUSES, CHILDREN, UNMARRIED SONS ified in section 212(a)(4) of the Immigration by a specified hurricane disaster. Such docu- AND DAUGHTERS OF LAWFUL PERMANENT RESI- and Nationality Act (8 U.S.C. 1182(a)(4)) shall ments shall be acceptable for purposes of DENT ALIENS.— not apply. identification under any Federal law or regu- (1) IN GENERAL.—Any spouse, child, or un- SEC. 546. RECIPIENT OF PUBLIC BENEFITS. lation until August 26, 2006. married son or daughter of an alien described An alien shall not be inadmissible under (b) ISSUANCE.—An agency may not issue in paragraph (3) who is included in a petition section 212(a)(4) of the Immigration and Na- identity documents under this section after for classification as a family-sponsored im- tionality Act (8 U.S.C. 1182(a)(4)) or deport- January 1, 2006. migrant under section 203(a)(2) of the Immi- able under section 237(a)(5) of such Act (8 (c) NO COMPULSION TO ACCEPT OR CARRY gration and Nationality Act (8 U.S.C. U.S.C. 1227(a)(5)) on the basis that the alien IDENTIFICATION DOCUMENTS.—Nationals of 1153(a)(2)) that was filed by such alien before received any public benefit as a direct result the United States shall not be compelled to August 26, 2005, may be considered (if the of a specified hurricane disaster. accept or carry documents issued under this spouse, child, son, or daughter has not been SEC. 547. AGE-OUT PROTECTION. section. admitted or approved for lawful permanent In administering the immigration laws, (d) NO PROOF OF CITIZENSHIP.—Identity residence by such date) a valid petitioner for the Secretary and the Attorney General may documents issued under this section shall preference status under such section with grant any application or benefit notwith- not constitute proof of citizenship or immi- the same priority date as that assigned be- standing the applicant or beneficiary (in- gration status. fore the death described in paragraph (3)(A). cluding a derivative beneficiary of the appli- SEC. 553. WAIVER OF REGULATIONS. No new petition shall be required to be filed. cant or beneficiary) reaching an age that The Secretary shall carry out the provi- Such spouse, child, son, or daughter may be would render the alien ineligible for the ben- sions of this subtitle as expeditiously as pos- eligible for deferred action and work author- efit sought, if the alien’s failure to meet the sible. The Secretary is not required to pro- ization. age requirement occurred as a direct result mulgate regulations before implementing (2) SELF-PETITIONS.—Any spouse, child, or of a specified hurricane disaster. this subtitle. The requirements of chapter 5 unmarried son or daughter of an alien de- SEC. 548. EMPLOYMENT ELIGIBILITY of title 5, United States Code (commonly re- scribed in paragraph (3) who is not a bene- VERIFICATION. ferred to as the ‘‘Administrative Procedure ficiary of a petition for classification as a (a) IN GENERAL.—The Secretary may sus- Act’’) or any other law relating to rule mak- family-sponsored immigrant under section pend or modify any requirement under sec- ing, information collection, or publication in 203(a)(2) of the Immigration and Nationality tion 274A(b) of the Immigration and Nation- the Federal Register, shall not apply to any Act may file a petition for such classifica- ality Act (8 U.S.C. 1324a(b)) or subtitle A of action to implement this subtitle to the ex- tion with the Secretary, if the spouse, child, title IV of the Illegal Immigration Reform tent the Secretary of Homeland Security, son, or daughter was present in the United and Immigrant Responsibility Act of 1996 (8 the Secretary of Labor, or the Secretary of States on August 26, 2005. Such spouse, child, U.S.C. 1324a note), either generally or with State determine that compliance with such son, or daughter may be eligible for deferred respect to particular persons, class of per- requirement would impede the expeditious action and work authorization. sons, geographic areas, or economic sectors, implementation of such Act. (3) ALIENS DESCRIBED.—An alien is de- to the extent to which the Secretary deter- SEC. 554. NOTICES OF CHANGE OF ADDRESS. scribed in this paragraph if the alien— mines necessary or appropriate to respond to (a) IN GENERAL.—If a notice of change of (A) died as a direct result of a specified national emergencies or disasters. address otherwise required to be submitted hurricane disaster; and (b) NOTIFICATION.—If the Secretary sus- to the Secretary by an alien described in (B) on the day of such death, was lawfully pends or modifies any requirement under subsection (b) relates to a change of address admitted for permanent residence in the section 274A(b) of the Immigration and Na- occurring during the period beginning on Au- United States. tionality Act pursuant to subsection (a), the gust 26, 2005, and ending on the date of the (c) APPLICATIONS FOR ADJUSTMENT OF STA- Secretary shall send notice of such decision, enactment of this Act, the alien may submit TUS BY SURVIVING SPOUSES AND CHILDREN OF including the reasons for the suspension or such notice. EMPLOYMENT-BASED IMMIGRANTS.— modification, to— (b) ALIENS DESCRIBED.—An alien is de- (1) IN GENERAL.—Any alien who was, on Au- (1) the Committee on the Judiciary of the scribed in this subsection if the alien— gust 26, 2005, the spouse or child of an alien Senate; and (1) resided, on August 26, 2005, within a dis- described in paragraph (2), and who applied (2) the Committee of the Judiciary of the trict of the United States that was declared for adjustment of status before the death de- House of Representatives. by the President to be affected by a specified scribed in paragraph (2)(A), may have such (c) SUNSET DATE.—The authority under hurricane disaster; and application adjudicated as if such death had subsection (a) shall expire on August 26, 2008. (2) is required, under section 265 of the Im- not occurred. SEC. 549. NATURALIZATION. migration and Nationality Act (8 U.S.C. 1305) (2) ALIENS DESCRIBED.—An alien is de- The Secretary may, with respect to appli- or any other provision of law, to notify the scribed in this paragraph if the alien— cants for naturalization in any district of Secretary in writing of a change of address. (A) died as a direct result of a specified the United States Citizenship and Immigra- SEC. 555. FOREIGN STUDENTS AND EXCHANGE hurricane disaster; and tion Services affected by a specified hurri- PROGRAM PARTICIPANTS. (B) on the day before such death, was— cane disaster, administer the provisions of (a) IN GENERAL.—The nonimmigrant status (i) an alien lawfully admitted for perma- Title III of the Immigration and Nationality of an alien described in subsection (b) shall nent residence in the United States by rea- Act (8 U.S.C. 1401 et seq.) notwithstanding be deemed to have been maintained during son of having been allotted a visa under sec- any provision of such title relating to the ju- the period beginning on August 26, 2005, and tion 203(b) of the Immigration and Nation- risdiction of an eligible court to administer ending on September 15, 2006, if, on Sep- ality Act (8 U.S.C. 1153(b)); or the oath of allegiance, or requiring residence tember 15, 2006, the alien is enrolled in a (ii) an applicant for adjustment of status to be maintained or any action to be taken course of study, or participating in a des- to that of an alien described in clause (i), and in any specific district or State within the ignated exchange visitor program, sufficient admissible to the United States for perma- United States. to satisfy the terms and conditions of the nent residence. SEC. 550. DISCRETIONARY AUTHORITY. alien’s nonimmigrant status on August 26, (d) APPLICATIONS BY SURVIVING SPOUSES The Secretary or the Attorney General 2005. AND CHILDREN OF REFUGEES AND ASYLEES.— may waive violations of the immigration (b) ALIENS DESCRIBED.—An alien is de- (1) IN GENERAL.—Any alien who, on August laws committed, on or before March 1, 2006, scribed in this subsection if the alien— 26, 2005, was the spouse or child of an alien by an alien— (1) was, on August 26, 2005, lawfully present described in paragraph (2), may have his or (1) who was in lawful status on August 26, in the United States in the status of a non- her eligibility to be admitted under section 2005; and immigrant described in subparagraph (F),

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00097 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9956 CONGRESSIONAL RECORD — SENATE September 21, 2006 (J), or (M) of section 101(a)(15) of the Immi- ‘‘(IV) The employment requirements in payment of all taxes required by this sub- gration and Nationality Act (8 U.S.C. clause (i) shall be reduced by 1 year for each paragraph. 1101(a)(15)); and year of full time post-secondary study in the ‘‘(i) IN GENERAL.—The alien may satisfy (2) fails to satisfy a term or condition of United States during the relevant period. such requirement by establishing that— such status as a direct result of a specified ‘‘(V) The employment requirement under ‘‘(I) no such tax liability exists; hurricane disaster. clause (i)(I) shall not apply to any individual ‘‘(II) all outstanding liabilities have been TITLE VI—WORK AUTHORIZATION AND who is 65 years of age or older on the date of met; or LEGALIZATION OF UNDOCUMENTED IN- the enactment of the Immigrant Account- ‘‘(III) the alien has entered into an agree- DIVIDUALS ability Act of 2006. ment for payment of all outstanding liabil- ‘‘(iii) PORTABILITY.—An alien shall not be ities with the Internal Revenue Service and Subtitle A—Access to Earned Adjustment and required to complete the employment re- with the department of revenue of each Mandatory Departure and Reentry quirements in clause (i) with the same em- State to which taxes are owed. SEC. 601. ACCESS TO EARNED ADJUSTMENT AND ployer. ‘‘(ii) LIMITATION.—Provided further that an MANDATORY DEPARTURE AND RE- ‘‘(iv) EVIDENCE OF EMPLOYMENT.— alien required to pay taxes under this sub- ENTRY. ‘‘(I) CONCLUSIVE DOCUMENTS.—For purposes paragraph, or who otherwise satisfies the re- (a) SHORT TITLE.—This section may be of satisfying the requirements in clause (i), quirements of clause (i), shall not be allowed cited as the ‘‘Immigrant Accountability Act the alien shall submit at least 2 of the fol- to collect any tax refund for any taxable of 2006’’. lowing documents for each period of employ- year prior to 2006, or to file any claim for the (b) ADJUSTMENT OF STATUS.— ment, which shall be considered conclusive Earned Income Tax Credit, or any other tax (1) IN GENERAL.—Chapter 5 of title II (8 U.S.C. 1255 et seq.) is amended by inserting evidence of such employment: credit otherwise allowable under the tax after section 245A the following: ‘‘(aa) Records maintained by the Social Se- code, prior to such taxable year. curity Administration. ‘‘(F) BASIC CITIZENSHIP SKILLS.— ‘‘SEC. 245B. ACCESS TO EARNED ADJUSTMENT. ‘‘(bb) Records maintained by an employer, ‘‘(i) IN GENERAL.—Except as provided in ‘‘(a) ADJUSTMENT OF STATUS.— such as pay stubs, time sheets, or employ- clause (ii), the alien shall demonstrate that ‘‘(1) PRINCIPAL ALIENS.—Notwithstanding ment work verification. the alien meets the requirements of section any other provision of law, including section ‘‘(cc) Records maintained by the Internal 312(a) (relating to English proficiency and 244(h) of this Act, the Secretary of Homeland Revenue Service. understanding of United States history and Security shall adjust to the status of an ‘‘(dd) Records maintained by a union or Government). alien lawfully admitted for permanent resi- day labor center. ‘‘(ii) EXCEPTIONS.— dence, an alien who satisfies the following ‘‘(ee) Records maintained by any other ‘‘(I) MANDATORY.—The requirements of requirements: government agency, such as worker com- clause (i) shall not apply to any person who ‘‘(A) APPLICATION.—The alien shall file an pensation records, disability records, or busi- is unable to comply with those requirements application establishing eligibility for ad- ness licensing records. because of a physical or developmental dis- justment of status and pay the fine required ‘‘(II) OTHER DOCUMENTS.—An alien who is ability or mental impairment. under subsection (m) and any additional unable to submit a document described in ‘‘(II) DISCRETIONARY.—The Secretary of amounts owed under that subsection. subclause (I) may satisfy the requirement in Homeland Security may waive all or part of ‘‘(B) CONTINUOUS PHYSICAL PRESENCE.— clause (i) by submitting to the Secretary at the requirements of clause (i) in the case of ‘‘(i) IN GENERAL.—The alien shall establish least 2 other types of reliable documents an alien who is 65 years of age or older as of that the alien— that provide evidence of employment for the date of the filing of the application for ‘‘(I) was physically present in the United each required period of employment, includ- adjustment of status. States on or before the date that is 5 years ing— ‘‘(G) SECURITY AND LAW ENFORCEMENT before April 5, 2006; ‘‘(aa) bank records; CLEARANCES.—The alien shall submit finger- ‘‘(II) was not legally present in the United ‘‘(bb) business records; prints in accordance with procedures estab- States on April 5, 2006, under any classifica- ‘‘(cc) sworn affidavits from non-relatives lished by the Secretary of Homeland Secu- tion set forth in section 101(a)(15); and who have direct knowledge of the alien’s rity. Such fingerprints shall be submitted to ‘‘(III) did not depart from the United work, including the name, address, and relevant Federal agencies to be checked States during the 5-year period ending on phone number of the affiant, the nature and against existing databases for information April 5, 2006, except for brief, casual, and in- duration of the relationship between the affi- relating to criminal, national security, or nocent departures. ant and the alien, and other verification in- other law enforcement actions that would ‘‘(ii) LEGALLY PRESENT.—For purposes of formation; or render the alien ineligible for adjustment of this subparagraph, an alien who has violated ‘‘(dd) remittance records. status under this subsection. The relevant any conditions of his or her visa shall be con- ‘‘(v) BURDEN OF PROOF.—An alien applying Federal agencies shall work to ensure that sidered not to be legally present in the for adjustment of status under this sub- such clearances are completed within 90 days United States. section has the burden of proving by a pre- of the submission of fingerprints. An appeal ‘‘(C) ADMISSIBLE UNDER IMMIGRATION ponderance of the evidence that the alien has of a security clearance determination by the LAWS.—The alien shall establish that the satisfied the employment requirements in Secretary of Homeland Security shall be alien is not inadmissible under section 212(a) clause (i). Once the burden is met, the bur- processed through the Department of Home- except for any provision of that section that den shall shift to the Secretary of Homeland land Security. is waived under subsection (b) of this sec- Security to disprove the alien’s evidence ‘‘(H) MILITARY SELECTIVE SERVICE.—The tion. with a showing which negates the reason- alien shall establish that if the alien is with- ‘‘(D) EMPLOYMENT IN UNITED STATES.— ableness of the inference to be drawn from in the age period required under the Military ‘‘(i) IN GENERAL.—The alien shall have been the evidence. Selective Service Act (50 U.S.C. App. 451 et employed in the United States, in the aggre- ‘‘(E) PAYMENT OF INCOME TAXES.— seq.) that such alien has registered under gate, for— ‘‘(i) IN GENERAL.—Not later than the date that Act. ‘‘(I) at least 3 years during the 5-year pe- on which status is adjusted under this sec- ‘‘(I) ADJUSTMENT OF STATUS.—The Sec- riod ending on April 5, 2006; and tion, the alien establishes the payment of retary may not adjust the status of an alien ‘‘(II) at least 6 years after the date of en- any applicable Federal tax liability by estab- under this section to that of lawful perma- actment of the Immigrant Accountability lishing that— nent resident until the Secretary determines Act of 2006. ‘‘(I) no such tax liability exists; that the priority dates have become current ‘‘(ii) EXCEPTIONS.— ‘‘(II) all outstanding liabilities have been for the class of aliens whose family-based or ‘‘(I) The employment requirement in paid; or employment-based petitions for permanent clause (i)(I) shall not apply to an individual ‘‘(III) the alien has entered into an agree- residence were pending on the date of the en- who is under 20 years of age on the date of ment for payment of all outstanding liabil- actment of the Comprehensive Immigration enactment of the Immigrant Accountability ities with the Internal Revenue Service. Reform Act of 2006. Act of 2006. ‘‘(ii) APPLICABLE FEDERAL TAX LIABILITY.— ‘‘(2) SPOUSES AND CHILDREN.— ‘‘(II) The employment requirement in For purposes of clause (i), the term ‘applica- ‘‘(A) IN GENERAL.— clause (i)(II) shall be reduced for an indi- ble Federal tax liability’ means liability for ‘‘(i) ADJUSTMENT OF STATUS.—Notwith- vidual who cannot demonstrate employment Federal taxes, including penalties and inter- standing any other provision of law, the Sec- based on a physical or mental disability or est, owed for any year during the period of retary of Homeland Security shall, if other- as a result of pregnancy. employment required by subparagraph (D)(i) wise eligible under subparagraph (B), adjust ‘‘(III) The employment requirement in for which the statutory period for assess- the status to that of a lawful permanent clause (i)(II) shall be reduced for an indi- ment of any deficiency for such taxes has not resident for— vidual who is under 20 years of age on the expired. ‘‘(I) the spouse, or child who was under 21 date of enactment of the Immigrant Ac- ‘‘(iii) IRS COOPERATION.—The Secretary of years of age on the date of enactment of the countability Act of 2006 by a period of time the Treasury shall establish rules and proce- Immigrant Accountability Act of 2006, of an equal to the time period beginning on such dures under which the Commissioner of In- alien who adjusts status or is eligible to ad- date of enactment and ending on the date on ternal Revenue shall provide documentation just status to that of a permanent resident which the individual reaches 20 years of age. to an alien upon request to establish the under paragraph (1); or

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00098 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9957 ‘‘(II) an alien who, within 5 years preceding thority of the Secretary of Homeland Secu- ‘‘(iii) the alien’s departure from the United the date of enactment of the Immigrant Ac- rity, other than under this subparagraph, to States now would result in extreme hardship countability Act of 2006, was the spouse or waive the provisions of section 212(a). to the alien’s spouse, parent, or child who is child of an alien who adjusts status to that ‘‘(4) SPECIAL RULE FOR DETERMINATION OF a citizen of the United States or an alien of a permanent resident under paragraph (1), PUBLIC CHARGE.—An alien is not ineligible for lawfully admitted for permanent residence. if— adjustment of status under subsection (a) by ‘‘(c) TREATMENT OF APPLICANTS.— ‘‘(aa) the termination of the qualifying re- reason of a ground of inadmissibility under ‘‘(1) IN GENERAL.—An alien who files an ap- lationship was connected to domestic vio- section 212(a)(4) if the alien establishes a his- plication under subsection (a)(1)(A) for ad- lence; or tory of employment in the United States evi- justment of status, including a spouse or ‘‘(bb) the spouse or child has been battered dencing self-support without public cash as- child who files for adjustment of status or subjected to extreme cruelty by the sistance. under subsection (b)— spouse or parent who adjusts status or is eli- ‘‘(5) SPECIAL RULE FOR INDIVIDUALS WHERE ‘‘(A) shall be granted employment author- ization pending final adjudication of the gible to adjust status to that of a permanent THERE IS NO COMMERCIAL PURPOSE.—An alien resident under paragraph (1). is not ineligible for adjustment of status alien’s application for adjustment of status; ‘‘(ii) APPLICATION OF OTHER LAW.—In acting under subsection (a) by reason of a ground of ‘‘(B) shall be granted permission to travel abroad pursuant to regulation pending final on applications filed under this paragraph inadmissibility under section 212(a)(6)(E) if adjudication of the alien’s application for ad- with respect to aliens who have been bat- the alien establishes that the action referred justment of status; tered or subjected to extreme cruelty, the to in that section was taken for humani- Secretary of Homeland Security shall apply ‘‘(C) shall not be detained, determined in- tarian purposes, to ensure family unity, or the provisions of section 204(a)(1)(J) and the admissible or deportable, or removed pend- was otherwise in the public interest. protections, prohibitions, and penalties ing final adjudication of the alien’s applica- ‘‘(6) APPLICABILITY OF OTHER PROVISIONS.— under section 384 of the Illegal Immigration tion for adjustment of status, unless the Section 241(a)(5) and section 240B(d) shall not Reform and Immigrant Responsibility Act of alien commits an act which renders the alien apply with respect to an alien who is apply- 1996 (8 U.S.C. 1367). ineligible for such adjustment of status; and ing for adjustment of status under sub- ‘‘(B) GROUNDS OF INADMISSIBILITY NOT AP- ‘‘(D) shall not be considered an unauthor- section (a). PLICABLE.—In establishing admissibility to ized alien as defined in section 274A(i) until the United States, the spouse or child de- ‘‘(7) INELIGIBILITY.— such time as employment authorization scribed in subparagraph (A) shall establish ‘‘(A) IN GENERAL.—An alien is ineligible for under subparagraph (A) is denied. that they are not inadmissible under section adjustment to lawful permanent resident ‘‘(2) DOCUMENT OF AUTHORIZATION.—The 212(a), except for any provision of that sec- status under this section if— Secretary of Homeland Security shall pro- tion that is waived under subsection (b) of ‘‘(i) the alien has been ordered removed vide each alien described in paragraph (1) this section. from the United States— with a counterfeit-resistant document of au- ‘‘(C) SECURITY AND LAW ENFORCEMENT ‘‘(I) for overstaying the period of author- thorization that— CLEARANCE.—The spouse or child, if that ized admission under section 217; ‘‘(A) meets all current requirements estab- child is 14 years of age or older, described in ‘‘(II) under section 235 or 238; or lished by the Secretary of Homeland Secu- subparagraph (A) shall submit fingerprints ‘‘(III) pursuant to a final order of removal rity for travel documents, including the re- in accordance with procedures established by under section 240; quirements under section 403 of the Illegal the Secretary of Homeland Security. Such ‘‘(ii) the alien failed to depart the United Immigration Reform and Immigrant Respon- fingerprints shall be submitted to relevant States during the period of a voluntary de- sibility Act of 1996 (8 U.S.C. 1324a note); and Federal agencies to be checked against exist- parture order issued under section 240B; ‘‘(B) reflects the benefits and status set ing databases for information relating to ‘‘(iii) the alien is subject to section forth in paragraph (1). criminal, national security, or other law en- 241(a)(5); ‘‘(3) SECURITY AND LAW ENFORCEMENT forcement actions that would render the ‘‘(iv) the Secretary of Homeland Security CLEARANCE.—Before an alien is granted em- alien ineligible for adjustment of status determines that— ployment authorization or permission to under this subsection. The relevant Federal ‘‘(I) the alien, having been convicted by a travel under paragraph (1), the alien shall be agencies shall work to ensure that such final judgment of a serious crime, con- required to undergo a name check against clearances are completed within 90 days of stitutes a danger to the community of the existing databases for information relating the submission of fingerprints. An appeal of United States; to criminal, national security, or other law a denial by the Secretary of Homeland Secu- ‘‘(II) there are reasonable grounds for be- enforcement actions. The relevant Federal rity shall be processed through the Depart- lieving that the alien has committed a seri- agencies shall work to ensure that such ment of Homeland Security. ous crime outside the United States prior to name checks are completed not later than 90 ‘‘(3) NONAPPLICABILITY OF NUMERICAL LIMI- the arrival of the alien in the United States; days after the date on which the name check TATIONS.—When an alien is granted lawful or is requested. permanent resident status under this sub- ‘‘(III) there are reasonable grounds for re- ‘‘(4) TERMINATION OF PROCEEDINGS.—An section, the number of immigrant visas au- garding the alien as a danger to the security alien in removal proceedings who establishes thorized to be issued under any provision of of the United States; or prima facie eligibility for adjustment of sta- this Act shall not be reduced. ‘‘(v) the alien has been convicted of a fel- tus under subsection (a) shall be entitled to ‘‘(b) GROUNDS OF INADMISSIBILITY.— ony or 3 or more misdemeanors. termination of the proceedings pending the ‘‘(1) APPLICABLE PROVISIONS.—In the deter- ‘‘(B) EXCEPTION.—Notwithstanding sub- outcome of the alien’s application, unless mination of an alien’s admissibility under paragraph (A), an alien who has not been or- the removal proceedings are based on crimi- paragraphs (1)(C) and (2) of subsection (a), dered removed from the United States shall nal or national security grounds. the following provisions of section 212(a) remain eligible for adjustment to lawful per- ‘‘(e) CONFIDENTIALITY OF INFORMATION.— shall apply and may not be waived by the manent resident status under this section if ‘‘(1) IN GENERAL.—Except as otherwise pro- Secretary of Homeland Security under para- the alien’s ineligibility under subparagraph vided in this section, no Federal agency or graph (3)(A): (A) is solely related to the alien’s— bureau, nor any officer or employee of such ‘‘(A) Paragraph (1) (relating to health). ‘‘(i) entry into the United States without agency or bureau, may— ‘‘(B) Paragraph (2) (relating to criminals). inspection; ‘‘(A) use the information furnished by the ‘‘(C) Paragraph (3) (relating to security and ‘‘(ii) remaining in the United States be- applicant pursuant to an application filed related grounds). yond the period of authorized admission; or under paragraph (1) or (2) of subsection (a) ‘‘(D) Subparagraphs (A) and (C) of para- ‘‘(iii) failure to maintain legal status while for any purpose other than to make a deter- graph (10) (relating to polygamists and child in the United States. mination on the application; abductors). ‘‘(C) WAIVER.—The Secretary may, in the ‘‘(B) make any publication through which ‘‘(2) GROUNDS OF INADMISSIBILITY NOT AP- Secretary’s sole and unreviewable discretion, the information furnished by any particular PLICABLE.—The provisions of paragraphs (5), waive the application of subparagraph (A) if applicant can be identified; or (6)(A), (6)(B), (6)(C), (6)(F), (6)(G), (7), (9) the alien was ordered removed on the basis ‘‘(C) permit anyone other than the sworn (other than subparagraph (C)(i)(II)), and that the alien— officers and employees of such agency, bu- (10)(B) of section 212(a) shall not apply to an ‘‘(i) entered without inspection; reau, or approved entity, as approved by the alien who is applying for adjustment of sta- ‘‘(ii) failed to maintain status; or Secretary of Homeland Security, to examine tus under subsection (a). ‘‘(iii) was ordered removed under individual applications that have been filed. ‘‘(3) WAIVER OF OTHER GROUNDS.— 212(a)(6)(C)(i) prior to April 7, 2006, ‘‘(2) REQUIRED DISCLOSURES.—The Sec- ‘‘(A) IN GENERAL.—Except as provided in and— retary of Homeland Security and the Sec- paragraph (1), the Secretary of Homeland Se- ‘‘(i) demonstrates that the alien did not re- retary of State shall provide the information curity may waive any provision of section ceive notice of removal proceedings in ac- furnished pursuant to an application filed 212(a) in the case of individual aliens for hu- cordance with paragraph (1) or (2) of section under paragraph (1) or (2) of subsection (a), manitarian purposes, to ensure family unity, 239(a); or and any other information derived from such or when it is otherwise in the public interest. ‘‘(ii) establishes that the alien’s failure to furnished information, to a duly recognized ‘‘(B) CONSTRUCTION.—Nothing in this para- appear was due to exceptional circumstances law enforcement entity in connection with a graph shall be construed as affecting the au- beyond the control of the alien; or criminal investigation or prosecution or a

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national security investigation or prosecu- ‘‘(j) ADMINISTRATIVE AND JUDICIAL RE- to civil and criminal tax liability relating di- tion, in each instance about an individual VIEW.— rectly to the employment of such alien. suspect or group of suspects, when such in- ‘‘(1) IN GENERAL.—Except as provided in ‘‘(2) PROVISION OF EMPLOYMENT RECORDS.— formation is requested in writing by such en- this subsection, there shall be no administra- Employers that provide unauthorized aliens tity. tive or judicial review of a determination re- with copies of employment records or other ‘‘(3) CRIMINAL PENALTY.—Any person who specting an application for adjustment of evidence of employment pursuant to an ap- knowingly uses, publishes, or permits infor- status under subsection (a). plication for adjustment of status under this mation to be examined in violation of this ‘‘(2) ADMINISTRATIVE REVIEW.— section or any other application or petition subsection shall be fined not more than ‘‘(A) SINGLE LEVEL OF ADMINISTRATIVE AP- pursuant to other provisions of the immigra- $10,000. PELLATE REVIEW.—The Secretary of Home- tion laws, shall not be subject to civil and ‘‘(f) PENALTIES FOR FALSE STATEMENTS IN land Security shall establish an appellate criminal liability pursuant to section 274A APPLICATIONS.— authority to provide for a single level of ad- for employing such unauthorized aliens. ‘‘(1) CRIMINAL PENALTY.— ministrative appellate review of a deter- ‘‘(3) APPLICABILITY OF OTHER LAW.—Noth- ‘‘(A) VIOLATION.—It shall be unlawful for mination respecting an application for ad- ing in this subsection shall be used to shield any person to— justment of status under subsection (a). an employer from liability pursuant to sec- ‘‘(i) file or assist in filing an application ‘‘(B) STANDARD FOR REVIEW.—Administra- tion 274B or any other labor and employment for adjustment of status under this section tive appellate review referred to in subpara- law provisions. and knowingly and willfully falsify, conceal, graph (A) shall be based solely upon the ad- ‘‘(m) AUTHORIZATION OF FUNDS; FINES.— or cover up a material fact or make any ministrative record established at the time ‘‘(1) AUTHORIZATION OF APPROPRIATIONS.— false, fictitious, or fraudulent statements or of the determination on the application and There are authorized to be appropriated to representations, or make or use any false upon the presentation of additional or newly the Department of Homeland Security such writing or document knowing the same to discovered evidence during the time of the sums as are necessary to commence the proc- contain any false, fictitious, or fraudulent pending appeal. essing of applications filed under this sec- statement or entry; or ‘‘(3) JUDICIAL REVIEW.— tion. ‘‘(ii) create or supply a false writing or ‘‘(A) DIRECT REVIEW.—A person whose ap- ‘‘(2) FINE.—An alien who files an applica- document for use in making such an applica- plication for adjustment of status under sub- tion under this section shall pay a fine com- tion. section (a) is denied after administrative ap- mensurate with levels charged by the De- ‘‘(B) PENALTY.—Any person who violates pellate review under paragraph (2) may seek partment of Homeland Security for other ap- subparagraph (A) shall be fined in accord- review of such denial, in accordance with plications for adjustment of status. ance with title 18, United States Code, or im- chapter 7 of title 5, United States Code, be- ‘‘(3) ADDITIONAL AMOUNTS OWED.—Prior to prisoned not more than 5 years, or both. fore the United States district court for the the adjudication of an application for adjust- ‘‘(2) INADMISSIBILITY.—An alien who is con- district in which the person resides. ment of status filed under this section, the victed of a crime under paragraph (1) shall be ‘‘(B) REVIEW AFTER REMOVAL PRO- alien shall pay an amount equaling $2,000, considered to be inadmissible to the United CEEDINGS.—There shall be judicial review in but such amount shall not be required from States. the Federal courts of appeal of the denial of an alien under the age of 18. ‘‘(3) EXCEPTION.—Notwithstanding para- an application for adjustment of status ‘‘(4) USE OF AMOUNTS COLLECTED.—The Sec- graphs (1) and (2), any alien or other entity under subsection (a) in conjunction with ju- retary of Homeland Security shall deposit (including an employer or union) that sub- dicial review of an order of removal, deporta- payments received under paragraphs (2) and mits an employment record that contains in- tion, or exclusion, but only if the validity of (3) in the Immigration Examinations Fee Ac- correct data that the alien used in order to the denial has not been upheld in a prior ju- count, and these payments in such account obtain such employment, shall not have vio- dicial proceeding under subparagraph (A). shall be available, without fiscal year limita- lated this subsection. Notwithstanding any other provision of law, tion, such that— ‘‘(g) INELIGIBILITY FOR PUBLIC BENEFITS.— the standard for review of such a denial shall ‘‘(A) 80 percent of such funds shall be avail- For purposes of section 403 of the Personal be governed by subparagraph (C). Responsibility and Work Opportunity Rec- able to the Department of Homeland Secu- ‘‘(C) STANDARD FOR JUDICIAL REVIEW.—Ju- rity for border security purposes; onciliation Act of 1996 (8 U.S.C. 1613), an dicial review of a denial of an application alien whose status has been adjusted in ac- ‘‘(B) 10 percent of such funds shall be avail- under this section shall be based solely upon able to the Department of Homeland Secu- cordance with subsection (a) shall not be eli- the administrative record established at the gible for any Federal means-tested public rity for implementing and processing appli- time of the review. The findings of fact and cations under this section; and benefit unless the alien meets the alien eligi- other determinations contained in the record bility criteria for such benefit under title IV ‘‘(C) 10 percent of such funds shall be avail- shall be conclusive unless the applicant can able to the Department of Homeland Secu- of such Act (8 U.S.C. 1601 et seq.). establish abuse of discretion or that the find- ‘‘(h) RELATIONSHIPS OF APPLICATION TO rity and the Department of State to cover ings are directly contrary to clear and con- CERTAIN ORDERS.— administrative and other expenses incurred vincing facts contained in the record, consid- ‘‘(1) IN GENERAL.—An alien who is present in connection with the review of applications ered as a whole. in the United States and has been ordered filed by immediate relatives of aliens apply- ‘‘(4) STAY OF REMOVAL.—Aliens seeking ad- excluded, deported, removed, or to depart ing for adjustment of status under this sec- ministrative or judicial review under this voluntarily from the United States or is sub- tion. subsection shall not be removed from the ject to reinstatement of removal under any ‘‘(5) STATE IMPACT ASSISTANCE FEE.— United States until a final decision is ren- provision of this Act may, notwithstanding ‘‘(A) IN GENERAL.—In addition to any other dered establishing ineligibility under this such order, apply for adjustment of status amounts required to be paid under this sub- section, unless such removal is based on under subsection (a). Such an alien shall not section, an alien shall submit, at the time criminal or national security grounds. be required, as a condition of submitting or the alien files an application under this sec- ‘‘(k) DISSEMINATION OF INFORMATION ON AD- granting such application, to file a separate tion, a State impact assistance fee equal to— JUSTMENT PROGRAM.—During the 12 months motion to reopen, reconsider, or vacate the following the issuance of final regulations in ‘‘(i) $750 for the principal alien; and exclusion, deportation, removal or voluntary accordance with subsection (o), the Sec- ‘‘(ii) $100 for the spouse and each child de- departure order. If the Secretary of Home- retary of Homeland Security, in cooperation scribed in subsection (a)(2). land Security grants the application, the with approved entities, approved by the Sec- ‘‘(B) USE OF FEE.—The fees collected under order shall be canceled. If the Secretary of retary of Homeland Security, shall broadly subparagraph (A) shall be deposited in the Homeland Security renders a final adminis- disseminate information respecting adjust- State Impact Assistance Account established trative decision to deny the application, ment of status under this section and the re- under section 286(x). such order shall be effective and enforceable. quirements to be satisfied to obtain such sta- ‘‘(n) MANDATORY DEPARTURE AND RE- Nothing in this paragraph shall affect the re- tus. The Secretary of Homeland Security ENTRY.—Any alien who was physically view or stay of removal under subsection (j). shall also disseminate information to em- present in the United States on January 7, ‘‘(2) STAY OF REMOVAL.—The filing of an ap- ployers and labor unions to advise them of 2004, who seeks to adjust status under this plication described in paragraph (1) shall the rights and protections available to them section, but does not satisfy the require- stay the removal or detainment of the alien and to workers who file applications under ments of subparagraph (B) or (D) of sub- pending final adjudication of the application, this section. Such information shall be section (a)(1), shall be eligible to depart the unless the removal or detainment of the broadly disseminated, in the languages spo- United States and to seek admission as a alien is based on criminal or national secu- ken by the top 15 source countries of the nonimmigrant or an immigrant alien de- rity grounds. aliens who would qualify for adjustment of scribed in section 245C. ‘‘(i) APPLICATION OF OTHER PROVISIONS.— status under this section, including to tele- Nothing in this section shall preclude an vision, radio, and print media such aliens ‘‘(o) ISSUANCE OF REGULATIONS.—Not later alien who may be eligible to be granted ad- would have access to. than 120 days after the date of enactment of justment of status under subsection (a) from ‘‘(l) EMPLOYER PROTECTIONS.— the Immigrant Accountability Act of 2006, seeking such status under any other provi- ‘‘(1) IMMIGRATION STATUS OF ALIEN.—Em- the Secretary of Homeland Security shall sion of law for which the alien may be eligi- ployers of aliens applying for adjustment of issue regulations to implement this sec- ble. status under this section shall not be subject tion.’’.

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(2) TABLE OF CONTENTS.—The table of con- producing sufficient evidence to demonstrate ‘‘(ii) establishes that the alien’s failure to tents (8 U.S.C. 1101 et seq.) is amended by in- such employment as a matter of reasonable appear was due to exceptional circumstances serting after the item relating to section inference. beyond the control of the alien; or 245A the following: ‘‘(C) EXEMPTION.—The employment re- ‘‘(iii) the alien’s departure from the United ‘‘245B. Access to Earned Adjustment’’. quirement under subparagraph (A) shall not States now would result in extreme hardship (c) MANDATORY DEPARTURE AND REENTRY.— apply to any individual who is 65 years of age to the alien’s spouse, parent, or child who is (1) IN GENERAL.—Chapter 5 of title II (8 or older on the date of the enactment of the a citizen of the United States or an alien U.S.C. 1255 et seq.), as amended by sub- Immigrant Accountability Act of 2006. lawfully admitted for permanent residence. section (b)(1), is further amended by insert- ‘‘(3) ADMISSIBILITY.— ‘‘(5) MEDICAL EXAMINATION.—The alien may ing after section 245B the following: ‘‘(A) IN GENERAL.—The alien shall establish be required, at the alien’s expense, to under- go such a medical examination (including a ‘‘SEC. 245C. MANDATORY DEPARTURE AND RE- that such alien— ENTRY. ‘‘(i) is admissible to the United States, ex- determination of immunization status) as is ‘‘(a) IN GENERAL.—The Secretary of Home- cept as provided as in (B); and appropriate and conforms to generally ac- land Security may grant Deferred Manda- ‘‘(ii) has not assisted in the persecution of cepted professional standards of medical tory Departure status to aliens who are in any person or persons on account of race, re- practice. the United States illegally to allow such ligion, nationality, membership in a par- ‘‘(6) TERMINATION.—The Secretary of aliens time to depart the United States and ticular social group, or political opinion. Homeland Security may terminate an alien’s to seek admission as a nonimmigrant or im- ‘‘(B) GROUNDS NOT APPLICABLE.—The provi- Deferred Mandatory Departure status if— migrant alien. sions of paragraphs (5), (6)(A), (7), and (9)(B) ‘‘(A) the Secretary of Homeland Security ‘‘(b) REQUIREMENTS.—Notwithstanding sec- of section 212(a) shall not apply. determines that the alien was not in fact eli- tion 244(h), an alien desiring an adjustment ‘‘(C) WAIVER.—The Secretary of Homeland gible for such status; or of status under subsection (a) shall meet the Security may waive any other provision of ‘‘(B) the alien commits an act that makes following requirements: section 212(a), or a ground of ineligibility the alien removable from the United States. ‘‘(1) PRESENCE.—The alien shall establish under paragraph (4), in the case of individual ‘‘(7) APPLICATION CONTENT AND WAIVER.— that the alien— aliens for humanitarian purposes, to assure ‘‘(A) APPLICATION FORM.—The Secretary of ‘‘(A) was physically present in the United family unity, or when it is otherwise in the Homeland Security shall create an applica- States on January 7, 2004; public interest. tion form that an alien shall be required to ‘‘(B) has been continuously in the United ‘‘(4) INELIGIBILITY.— complete as a condition of obtaining De- States since such date, except for brief, cas- ‘‘(A) IN GENERAL.—The alien is ineligible ferred Mandatory Departure status. ual, and innocent departures; and for Deferred Mandatory Departure status if ‘‘(B) CONTENT.—In addition to any other in- ‘‘(C) was not legally present in the United the alien— formation that the Secretary requires to de- States on that date under any classification ‘‘(i) has been ordered removed from the termine an alien’s eligibility for Deferred set forth in section 101(a)(15). United States— Mandatory Departure, the Secretary shall ‘‘(2) EMPLOYMENT.— ‘‘(I) for overstaying the period of author- require an alien to answer questions con- ‘‘(A) IN GENERAL.—The alien shall establish ized admission under section 217; cerning the alien’s physical and mental that the alien— ‘‘(II) under section 235 or 238; or health, criminal history, gang membership, renunciation of gang affiliation, immigra- ‘‘(i) was employed in the United States, ‘‘(III) pursuant to a final order of removal tion history, involvement with groups or in- whether full time, part time, seasonally, or under section 240; dividuals that have engaged in terrorism, self-employed, before January 7, 2004; and ‘‘(ii) the alien failed to depart the United genocide, persecution, or who seek the over- ‘‘(ii) has been continuously employed in States during the period of a voluntary de- throw of the United States Government, the United States since that date, except for parture order issued under section 240B; voter registration history, claims to United brief periods of unemployment lasting not ‘‘(iii) the alien is subject to section States citizenship, and tax history. longer than 60 days. 241(a)(5); ‘‘(C) WAIVER.—The Secretary of Homeland ‘‘(B) EVIDENCE OF EMPLOYMENT.— ‘‘(iv) the Secretary of Homeland Security Security shall require an alien to include ‘‘(i) IN GENERAL.—An alien may conclu- determines that— with the application a waiver of rights that sively establish employment status in com- ‘‘(I) the alien, having been convicted by a pliance with subparagraph (A) by submitting explains to the alien that, in exchange for final judgment of a serious crime, con- the discretionary benefit of obtaining De- to the Secretary of Homeland Security stitutes a danger to the community of the records demonstrating such employment ferred Mandatory Departure status, the alien United States; agrees to waive any right to judicial review maintained by— ‘‘(II) there are reasonable grounds for be- ‘‘(I) the Social Security Administration, or to contest any removal action, other than lieving that the alien has committed a seri- on the basis of an application for asylum or Internal Revenue Service, or by any other ous crime outside the United States prior to Federal, State, or local government agency; restriction of removal pursuant to the provi- the arrival of the alien in the United States; sions contained in section 208 or 241(b)(3), or ‘‘(II) an employer; or or ‘‘(III) a labor union, day labor center, or an under the Convention Against Torture and ‘‘(III) there are reasonable grounds for re- Other Cruel, Inhuman or Degrading Treat- organization that assists workers in matters garding the alien as a danger to the security related to employment. ment or Punishment, done at New York De- of the United States; or ‘‘(ii) OTHER DOCUMENTS.—An alien who is cember 10, 1984, or cancellation of removal ‘‘(v) the alien has been convicted of a fel- unable to submit a document described in pursuant to section 240A(a). ony or 3 or more misdemeanors. subclauses (I) through (III) of clause (i) may ‘‘(D) KNOWLEDGE.—The Secretary of Home- ‘‘(B) EXCEPTION.—Notwithstanding sub- satisfy the requirement in subparagraph (A) land Security shall require an alien to in- paragraph (A), an alien who has not been or- by submitting to the Secretary at least 2 clude with the application a signed certifi- dered removed from the United States shall other types of reliable documents that pro- cation in which the alien certifies that the remain eligible for adjustment to lawful per- vide evidence of employment, including— alien has read and understood all of the ques- manent resident status under this section if ‘‘(I) bank records; tions and statements on the application the alien’s ineligibility under subparagraph ‘‘(II) business records; form, and that the alien certifies under pen- (A) is solely related to the alien’s— ‘‘(III) sworn affidavits from nonrelatives alty of perjury under the laws of the United who have direct knowledge of the alien’s ‘‘(i) entry into the United States without States that the application, and any evi- work, including the name, address, and inspection; dence submitted with it, are all true and cor- phone number of the affiant, the nature and ‘‘(ii) remaining in the United States be- rect, and that the applicant authorizes the duration of the relationship between the affi- yond the period of authorized admission; or release of any information contained in the ant and the alien, and other verification in- ‘‘(iii) failure to maintain legal status while application and any attached evidence for formation; or in the United States. law enforcement purposes. ‘‘(IV) remittance records. ‘‘(C) WAIVER.—The Secretary may, in the ‘‘(c) IMPLEMENTATION AND APPLICATION ‘‘(iii) INTENT OF CONGRESS.—It is the intent Secretary’s sole and unreviewable discretion, TIME PERIODS.— of Congress that the requirement in this sub- waive the application of subparagraph (A) if ‘‘(1) IN GENERAL.—The Secretary of Home- section be interpreted and implemented in a the alien was ordered removed on the basis land Security shall ensure that the applica- manner that recognizes and takes into ac- that the alien— tion process is secure and incorporates anti- count the difficulties encountered by aliens ‘‘(i) entered without inspection; fraud protection. The Secretary of Homeland in obtaining evidence of employment due to ‘‘(ii) failed to maintain status; or Security shall interview an alien to deter- the undocumented status of the alien. ‘‘(iii) was ordered removed under mine eligibility for Deferred Mandatory De- ‘‘(iv) BURDEN OF PROOF.—An alien who is 212(a)(6)(C)(i) prior to April 7, 2006, parture status and shall utilize biometric au- applying for adjustment of status under this and— thentication at time of document issuance. section has the burden of proving by a pre- ‘‘(i) demonstrates that the alien did not re- ‘‘(2) INITIAL RECEIPT OF APPLICATIONS.—The ponderance of the evidence that the alien has ceive notice of removal proceedings in ac- Secretary of Homeland Security shall begin satisfied the requirements of this subsection. cordance with paragraph (1) or (2) of section accepting applications for Deferred Manda- An alien may meet such burden of proof by 239(a); or tory Departure status not later than 3

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00101 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9960 CONGRESSIONAL RECORD — SENATE September 21, 2006 months after the date on which the applica- entry system can process such alien for ad- Laboratory in designing the document. The tion form is first made available. mission into the United States. document may serve as a travel, entry, and ‘‘(3) APPLICATION.—An alien must submit ‘‘(D) INTERVIEW REQUIREMENTS.—Notwith- work authorization document during the pe- an initial application for Deferred Manda- standing any other provision of law, any ad- riod of its validity. The document may be ac- tory Departure status not later than 6 mission requirement involving in-person cepted by an employer as evidence of em- months after the date on which the applica- interviews at a consulate of the United ployment authorization and identity under tion form is first made available. An alien States shall be waived for aliens granted De- section 274A(c). that fails to comply with this requirement is ferred Mandatory Departure status under ‘‘(h) TERMS OF STATUS.— ineligible for Deferred Mandatory Departure this section. ‘‘(1) REPORTING.—During the period of De- status. The provisions under subsections (e) ‘‘(E) WAIVER OF NUMERICAL LIMITATIONS.— ferred Mandatory Departure, an alien shall The numerical limitations under section 214 and (f) of section 245B shall apply to applica- comply with all registration requirements tions filed under this section. shall not apply to any alien who is admitted under section 264. ‘‘(4) COMPLETION OF PROCESSING.—The Sec- as a nonimmigrant under this paragraph. ‘‘(2) TRAVEL.— retary of Homeland Security shall ensure ‘‘(4) EFFECT OF READMISSION ON SPOUSE OR ‘‘(A) An alien granted Deferred Mandatory that all applications for Deferred Mandatory CHILD.—The spouse or child of an alien grant- Departure is not subject to section 212(a)(9) Departure status are processed not later ed Deferred Mandatory Departure and subse- for any unlawful presence that occurred than 12 months after the date on which the quently granted an immigrant or non- prior to the Secretary of Homeland Security application form is first made available. immigrant visa before departing the United granting the alien Deferred Mandatory De- ‘‘(d) SECURITY AND LAW ENFORCEMENT States shall be— parture status. BACKGROUND CHECKS.—An alien may not be ‘‘(A) deemed to have departed under this granted Deferred Mandatory Departure sta- section upon the successful admission of the ‘‘(B) Under regulations established by the tus unless the alien submits biometric data principal alien; and Secretary of Homeland Security, an alien in accordance with procedures established by ‘‘(B) eligible for the derivative benefits as- granted Deferred Mandatory Departure— the Secretary of Homeland Security. The sociated with the immigrant or non- ‘‘(i) may travel outside of the United Secretary of Homeland Security may not immigrant visa granted to the principal States and may be readmitted if the period grant Deferred Mandatory Departure status alien without regard to numerical caps re- of Deferred Mandatory Departure status has until all appropriate background checks are lated to such visas. not expired; and completed to the satisfaction of the Sec- ‘‘(5) WAIVERS.—The Secretary of Homeland ‘‘(ii) must establish at the time of applica- retary of Homeland Security. Security may waive the departure require- tion for admission that the alien is admis- ‘‘(e) ACKNOWLEDGMENT.— ment under this subsection if the alien— sible under section 212. ‘‘(1) IN GENERAL.—An alien who applies for ‘‘(A) is granted an immigrant or non- ‘‘(C) EFFECT ON PERIOD OF AUTHORIZED AD- Deferred Mandatory Departure status shall immigrant visa; and MISSION.—Time spent outside the United submit to the Secretary of Homeland Secu- ‘‘(B) can demonstrate that the departure of States under subparagraph (B) shall not ex- rity— the alien would create a substantial hardship tend the period of Deferred Mandatory De- ‘‘(A) an acknowledgment made in writing on the alien or an immediate family member parture status. and under oath that the alien— of the alien. ‘‘(3) BENEFITS.—During the period in which ‘‘(i) is unlawfully present in the United ‘‘(6) RETURN IN LEGAL STATUS.—An alien an alien is granted Deferred Mandatory De- States and subject to removal or deporta- who complies with the terms of Deferred parture under this section— tion, as appropriate, under this Act; and Mandatory Departure status and who departs ‘‘(A) the alien shall not be considered to be ‘‘(ii) understands the terms of the terms of before the expiration of such status— permanently residing in the United States Deferred Mandatory Departure; ‘‘(A) shall not be subject to section under the color of law and shall be treated as ‘‘(B) any Social Security account number 212(a)(9)(B); a nonimmigrant admitted under section 214; or card in the possession of the alien or re- ‘‘(B) if otherwise eligible, may imme- and lied upon by the alien; diately seek admission as a nonimmigrant or ‘‘(B) the alien may be deemed ineligible for ‘‘(C) any false or fraudulent documents in immigrant; and public assistance by a State (as defined in the alien’s possession. ‘‘(C) is eligible to be employed by an em- section 101(a)(36)) or any political subdivi- ‘‘(2) USE OF INFORMATION.—None of the doc- ployer in the United States regardless of sion thereof which furnishes such assistance. uments or other information provided in ac- whether the employer has complied with the ‘‘(i) PROHIBITION ON CHANGE OF STATUS OR cordance with paragraph (1) may be used in requirements of section 218B(b)(7). ADJUSTMENT OF STATUS.— a criminal proceeding against the alien pro- ‘‘(7) FAILURE TO DEPART.—An alien who ‘‘(1) IN GENERAL.—Before leaving the viding such documents or information. fails to depart the United States prior to the United States, an alien granted Deferred ‘‘(f) MANDATORY DEPARTURE.— expiration of Mandatory Deferred Departure Mandatory Departure status may not apply ‘‘(1) IN GENERAL.—The Secretary of Home- status is not eligible and may not apply for to change status under section 248. land Security shall grant Deferred Manda- or receive any immigration relief or benefit ‘‘(2) ADJUSTMENT OF STATUS.—An alien may tory Departure status to an alien who meets under this Act or any other law for a period not adjust to an immigrant classification the requirements of this section for a period of 10 years, with the exception of section 208 under this section until after the earlier of— not to exceed 3 years. or 241(b)(3) or the Convention Against Tor- ‘‘(A) the consideration of all applications ‘‘(2) REGISTRATION AT TIME OF DEPAR- ture and Other Cruel, Inhuman or Degrading filed under section 201, 202, or 203 before the TURE.—An alien granted Deferred Mandatory Treatment or Punishment, done at New date of enactment of this section; or Departure shall— York December 10, 1984, in the case of an ‘‘(B) 8 years after the date of enactment of ‘‘(A) depart from the United States before alien who indicates either an intention to this section. the expiration of the period of Deferred Man- apply for asylum under section 208 or a fear ‘‘(j) APPLICATION FEE.— datory Departure status; of persecution or torture. ‘‘(B) register with the Secretary of Home- ‘‘(1) IN GENERAL.—An alien seeking a grant ‘‘(8) PENALTIES FOR DELAYED DEPARTURE.— land Security at the time of departure; and of Deferred Mandatory Departure status An alien who fails to depart immediately shall submit, in addition to any other fees ‘‘(C) surrender any evidence of Deferred shall be subject to— Mandatory Departure status at the time of authorized by law, an application fee of ‘‘(A) no fine if the alien departs not later $1,000. departure. than 1 year after the grant of Deferred Man- ‘‘(3) APPLICATION FOR READMISSION.— ‘‘(2) USE OF FEE.—The fees collected under datory Departure; paragraph (1) shall be available for use by ‘‘(A) IN GENERAL.—An alien under this sec- ‘‘(B) a fine of $2,000 if the alien does not de- tion may apply for admission to the United the Secretary of Homeland Security for ac- part within 2 years after the grant of De- tivities to identify, locate, or remove illegal States as an immigrant or nonimmigrant ferred Mandatory Departure; and while in the United States or from any loca- aliens. ‘‘(C) a fine of $3,000 if the alien does not de- ‘‘(3) STATE IMPACT ASSISTANCE FEE.— tion outside of the United States, but may part within 3 years after the grant of De- not be granted admission until the alien has ‘‘(A) IN GENERAL.—In addition to any other ferred Mandatory Departure. amounts required to be paid under this sub- departed from the United States in accord- ‘‘(g) EVIDENCE OF DEFERRED MANDATORY ance with paragraph (2). section, an alien seeking Deferred Manda- DEPARTURE STATUS.—Evidence of Deferred tory Departure status shall submit, at the ‘‘(B) APPROVAL.—The Secretary may ap- Mandatory Departure status shall be ma- time the alien files an application under this prove an application under subparagraph (A) chine-readable and tamper-resistant, shall section, a State impact assistance fee equal during the period in which the alien is allow for biometric authentication, and shall to $750. present in the United States under Deferred comply with the requirements under section ‘‘(B) USE OF FEE.—The fees collected under Mandatory Departure status. 403 of the Illegal Immigration Reform and subparagraph (A) shall be deposited in the ‘‘(C) US–VISIT.—An alien in Deferred Man- Immigrant Responsibility Act of 1996 (8 datory Departure status who is seeking ad- U.S.C. 1324a note). The Secretary of Home- State Impact Assistance Account established mission as a nonimmigrant or immigrant land Security is authorized to incorporate under section 286(x). alien may exit the United States and imme- integrated-circuit technology into the docu- ‘‘(k) FAMILY MEMBERS.— diately reenter the United States at any land ment. The Secretary of Homeland Security ‘‘(1) IN GENERAL.—Subject to subsection port of entry at which the US–VISIT exit and shall consult with the Forensic Document (f)(4), the spouse or child of an alien granted

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00102 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9961 Deferred Mandatory Departure status is sub- under subsection (b)(7)(C), other than on the personnel (including consular officers), ject to the same terms and conditions as the basis of an application for asylum, restric- training, technology, and processing nec- principal alien. tion of removal, or protection under the Con- essary to carry out the amendments made by ‘‘(2) APPLICATION FEE.— vention Against Torture and Other Cruel, In- this subsection. ‘‘(A) IN GENERAL.—The spouse or child of human or Degrading Treatment or Punish- (d) CORRECTION OF SOCIAL SECURITY an alien seeking Deferred Mandatory Depar- ment, done at New York December 10, 1984, RECORDS.—Section 208(e)(1) of the Social Se- ture status shall submit, in addition to any or cancellation of removal pursuant to sec- curity Act (42 U.S.C. 408(e)(1)) is amended— other fee authorized by law, an additional fee tion 240A(a), any action for deportation or (1) in subparagraph (B)(ii), by striking ‘‘or’’ of $500. removal of the alien that is instituted at the end; ‘‘(B) USE OF FEE.—The fees collected under against the alien subsequent to a grant of (2) in subparagraph (C), by inserting ‘‘or’’ subparagraph (A) shall be available for use Deferred Mandatory Departure status. at the end; by the Secretary of Homeland Security for ‘‘(q) DENIAL OF DISCRETIONARY RELIEF.— (3) by inserting after subparagraph (C) the activities to identify, locate, or remove The determination of whether an alien is eli- following: aliens who are removable under section 237. gible for a grant of Deferred Mandatory De- ‘‘(D) whose status is adjusted to that of ‘‘(3) STATE IMPACT ASSISTANCE FEE.— parture status is solely within the discretion lawful permanent resident under section ‘‘(A) IN GENERAL.—In addition to any other of the Secretary of Homeland Security. Not- 245B of the Immigration and Nationality amounts required to be paid under this sub- withstanding any other provision of law, no Act,’’; and section, the spouse and each child of an alien court shall have jurisdiction to review— (4) by striking ‘‘1990.’’ and inserting ‘‘1990, seeking Deferred Mandatory Departure sta- ‘‘(1) any judgment regarding the granting or in the case of an alien described in sub- tus shall submit a State impact assistance of relief under this section; or paragraph (D), if such conduct is alleged to fee equal to $100. ‘‘(2) any other decision or action of the have occurred prior to the date on which the ‘‘(B) USE OF FEE.—The fees collected under Secretary of Homeland Security the author- alien became lawfully admitted for tem- subparagraph (A) shall be deposited in the ity for which is specified under this section porary residence.’’. State Impact Assistance Account established to be in the discretion of the Secretary, (e) STATE IMPACT ASSISTANCE ACCOUNT.— under section 286(x). other than the granting of relief under sec- Section 286 (8 U.S.C. 1356) is amended by in- ‘‘(l) EMPLOYMENT.— tion 208(a). serting after subsection (w) the following: ‘‘(r) JUDICIAL REVIEW.— ‘‘(1) IN GENERAL.—An alien who has applied ‘‘(x) STATE IMPACT ASSISTANCE ACCOUNT.— ‘‘(1) LIMITATIONS ON RELIEF.—Without re- for or has been granted Deferred Mandatory ‘‘(1) ESTABLISHMENT.—There is established Departure status may be employed in the gard to the nature of the action or claim and in the general fund of the Treasury a sepa- United States. without regard to the identity of the party rate account, which shall be known as the ‘‘(2) CONTINUOUS EMPLOYMENT.—An alien or parties bringing the action, no court ‘State Impact Assistance Account’. may— granted Deferred Mandatory Departure sta- ‘‘(2) SOURCE OF FUNDS.—Notwithstanding tus must be employed while in the United ‘‘(A) enter declaratory, injunctive, or other any other provision under this Act, there States. An alien who fails to be employed for equitable relief in any action pertaining to— shall be deposited as offsetting receipts into 60 days is ineligible for hire until the alien ‘‘(i) an order or notice denying an alien a the State Impact Assistance Account all has departed the United States and reen- grant of Deferred Mandatory Departure sta- State impact assistance fees collected under tered. The Secretary of Homeland Security tus or any other benefit arising from such section 245B(m)(5) and subsections (j)(3) and may reauthorize an alien for employment status; or (k)(3) of section 245C. ‘‘(ii) an order of removal, exclusion, or de- without requiring the alien’s departure from ‘‘(3) USE OF FUNDS.—Amounts deposited the United States. portation entered against an alien after a into the State Impact Assistance Account ‘‘(m) ENUMERATION OF SOCIAL SECURITY grant of Deferred Mandatory Departure sta- may only be used to carry out the State Im- NUMBER.—The Secretary of Homeland Secu- tus; or pact Assistance Grant Program established rity, in coordination with the Commissioner ‘‘(B) certify a class under Rule 23 of the under paragraph (4). of the Social Security system, shall imple- Federal Rules of Civil Procedure in any ac- ‘‘(4) STATE IMPACT ASSISTANCE GRANT PRO- ment a system to allow for the enumeration tion for which judicial review is authorized GRAM.— of a Social Security number and production under a subsequent paragraph of this sub- ‘‘(A) ESTABLISHMENT.—The Secretary of of a Social Security card at the time the section. Health and Human Services, in consultation Secretary of Homeland Security grants an ‘‘(2) CHALLENGES TO VALIDITY.— with the Secretary of Education, shall estab- alien Deferred Mandatory Departure status. ‘‘(A) IN GENERAL.—Any right or benefit not ‘‘(n) PENALTIES FOR FALSE STATEMENTS IN lish the State Impact Assistance Grant Pro- otherwise waived or limited pursuant this gram (referred to in this section as the ‘Pro- APPLICATION FOR DEFERRED MANDATORY DE- section is available in an action instituted in PARTURE.— gram’), under which the Secretary may the United States District Court for the Dis- award grants to States to provide health and ‘‘(1) CRIMINAL PENALTY.— trict of Columbia, but shall be limited to de- ‘‘(A) VIOLATION.—It shall be unlawful for education services to noncitizens in accord- terminations of— ance with this paragraph. any person— ‘‘(i) whether such section, or any regula- ‘‘(B) STATE ALLOCATIONS.—The Secretary ‘‘(i) to file or assist in filing an application tion issued to implement such section, vio- for adjustment of status under this section of Health and Human Services shall annually lates the Constitution of the United States; allocate the amounts available in the State and knowingly and willfully falsify, mis- or represent, conceal, or cover up a material Impact Assistance Account among the ‘‘(ii) whether such a regulation, or a writ- States as follows: fact or make any false, fictitious, or fraudu- ten policy directive, written policy guide- ‘‘(i) NONCITIZEN POPULATION.—Eighty per- lent statements or representations, or make line, or written procedure issued by or under or use any false writing or document know- cent of such amounts shall be allocated so the authority of the Secretary of Homeland that each State receives the greater of— ing the same to contain any false, fictitious, Security to implement such section, is not or fraudulent statement or entry; or ‘‘(I) $5,000,000; or consistent with applicable provisions of this ‘‘(II) after adjusting for allocations under ‘‘(ii) to create or supply a false writing or section or is otherwise in violation of law.’’. document for use in making such an applica- subclause (I), the percentage of the amount (2) TABLE OF CONTENTS.—The table of con- to be distributed under this clause that is tion. tents (8 U.S.C. 1101 et seq.), as amended by ‘‘(B) PENALTY.—Any person who violates equal to the noncitizen resident population this subsection (b)(2), is further amended by of the State divided by the noncitizen resi- subparagraph (A) shall be fined in accord- inserting after the item relating to section ance with title 18, United States Code, im- dent population of all States, based on the 245B the following: most recent data available from the Bureau prisoned not more than 5 years, or both. ‘‘245C. Mandatory Departure and Reentry’’. ‘‘(2) INADMISSIBILITY.—An alien who is con- of the Census. victed of a crime under paragraph (1) shall be (3) CONFORMING AMENDMENT.—Section ‘‘(ii) HIGH GROWTH RATES.—Twenty percent considered to be inadmissible to the United 237(a)(2)(A)(i)(II) (8 U.S.C. 1227(a)(2)(A)(i)(II)) of such amounts shall be allocated among States on the ground described in section is amended by inserting ‘‘(or 6 months in the the 20 States with the largest growth rates 212(a)(6)(C)(i). case of an alien granted Deferred Mandatory in noncitizen resident population, as deter- ‘‘(o) RELATION TO CANCELLATION OF RE- Departure status under section 245C)’’ after mined by the Secretary of Health and MOVAL.—With respect to an alien granted De- ‘‘imposed’’. Human Services, so that each such State re- ferred Mandatory Departure status under (4) STATUTORY CONSTRUCTION.—Nothing in ceives the percentage of the amount distrib- this section, the period of such status shall this subsection, or any amendment made by uted under this clause that is equal to— not be counted as a period of physical pres- this subsection, shall be construed to create ‘‘(I) the growth rate in the noncitizen resi- ence in the United States for purposes of sec- any substantive or procedural right or ben- dent population of the State during the most tion 240A(a), unless the Secretary of Home- efit that is legally enforceable by any party recent 3-year period for which data is avail- land Security determines that extreme hard- against the United States or its agencies or able from the Bureau of the Census; divided ship exists. officers or any other person. by ‘‘(p) WAIVER OF RIGHTS.—An alien is not el- (5) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(II) the average growth rate in noncitizen igible for Deferred Mandatory Departure sta- There are authorized to be appropriated such resident population for the 20 States during tus, unless the alien has waived any right amounts as may be necessary for facilities, such 3-year period.

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‘‘(iii) LEGISLATIVE APPROPRIATIONS.—The (4) JOB OPPORTUNITY.—The term ‘‘job op- (A) IN GENERAL.—Each employer of a work- use of grant funds allocated to States under portunity’’ means a job opening for tem- er granted status under this subsection shall this paragraph shall be subject to appropria- porary full-time employment at a place in annually— tion by the legislature of each State in ac- the United States to which United States (i) provide a written record of employment cordance with the terms and conditions workers can be referred. to the alien; and under this paragraph. (5) TEMPORARY.—A worker is employed on (ii) provide a copy of such record to the ‘‘(C) FUNDING FOR LOCAL GOVERNMENT.— a ‘‘temporary’’ basis where the employment Secretary. ‘‘(i) DISTRIBUTION CRITERIA.—Grant funds is intended not to exceed 10 months. (B) SUNSET.—The obligation under sub- received by States under this paragraph (6) UNITED STATES WORKER.—The term paragraph (A) shall terminate on the date shall be distributed to units of local govern- ‘‘United States worker’’ means any worker, that is 6 years after the date of the enact- ment based on need and function. whether a United States citizen or national, ment of this Act. ‘‘(ii) MINIMUM DISTRIBUTION.—Except as a lawfully admitted permanent resident (6) REQUIRED FEATURES OF BLUE CARD.—The provided in clause (iii), a State shall dis- alien, or any other alien, who is authorized Secretary shall provide each alien granted tribute not less than 30 percent of the grant to work in the job opportunity within the blue card status and the spouse and children funds received under this paragraph to units United States, except an alien admitted or of each such alien residing in the United of local government not later than 180 days otherwise provided status under section States with a card that contains— after receiving such funds. 101(a)(15)(H)(ii)(a) of the Immigration and (A) an encrypted, machine-readable, elec- ‘‘(iii) EXCEPTION.—If an eligible unit of Nationality Act (8 U.S.C. tronic identification strip that is unique to local government that is available to carry 1101(a)(15)(H)(ii)(a)). the alien to whom the card is issued; out the activities described in subparagraph (7) WORK DAY.—The term ‘‘work day’’ (B) biometric identifiers, including finger- (D) cannot be found in a State, the State means any day in which the individual is em- prints and a digital photograph; and does not need to comply with clause (ii). ployed 5.75 or more hours in agricultural em- (C) physical security features designed to ‘‘(iv) UNEXPENDED FUNDS.—Any grant funds ployment. prevent tampering, counterfeiting, or dupli- distributed by a State to a unit of local gov- CHAPTER 1—PILOT PROGRAM FOR cation of the card for fraudulent purposes. ernment that remain unexpended as of the EARNED STATUS ADJUSTMENT OF AGRI- (7) FINE.—An alien granted blue card sta- end of the grant period shall revert to the CULTURAL WORKERS tus shall pay a fine to the Secretary in an amount equal to $100. State for redistribution to another unit of SEC. 613. AGRICULTURAL WORKERS. local government. (8) MAXIMUM NUMBER.—The Secretary may (a) BLUE CARD PROGRAM.— issue not more than 1,500,000 blue cards dur- ‘‘(D) USE OF FUNDS.—States and units of (1) IN GENERAL.—Notwithstanding any local government shall use grant funds re- ing the 5-year period beginning on the date other provision of law, the Secretary shall of the enactment of this Act. ceived under this paragraph to provide confer blue card status upon an alien who health services, educational services, and re- (b) RIGHTS OF ALIENS GRANTED BLUE CARD qualifies under this subsection if the Sec- STATUS.— lated services to noncitizens within their ju- retary determines that the alien— (1) IN GENERAL.—Except as otherwise pro- risdiction directly, or through contracts (A) has performed agricultural employ- vided under this subsection, an alien in blue with eligible services providers, including— ment in the United States for at least 863 card status shall be considered to be an alien ‘‘(i) health care providers; hours or 150 work days during the 24-month lawfully admitted for permanent residence ‘‘(ii) local educational agencies; and period ending on December 31, 2005; for purposes of any law other than any provi- ‘‘(iii) charitable and religious organiza- (B) applied for such status during the 18- sion of the Immigration and Nationality Act tions. month application period beginning on the (8 U.S.C. 1101 et seq.). ‘‘(E) STATE DEFINED.—In this paragraph, first day of the seventh month that begins (2) DELAYED ELIGIBILITY FOR CERTAIN FED- the term ‘State’ means each of the several after the date of enactment of this Act; and ERAL PUBLIC BENEFITS.—An alien in blue card States of the United States, the District of (C) is otherwise admissible to the United status shall not be eligible, by reason of such Columbia, the Commonwealth of Puerto States under section 212 of the Immigration status, for any form of assistance or benefit Rico, the Virgin Islands, Guam, American and Nationality Act (8 U.S.C. 1182), except as described in section 403(a) of the Personal Samoa, and the Commonwealth of the North- otherwise provided under subsection (e)(2). Responsibility and Work Opportunity Rec- ern Mariana Islands. (2) AUTHORIZED TRAVEL.—An alien in blue onciliation Act of 1996 (8 U.S.C. 1613(a)) until ‘‘(F) CERTIFICATION.—In order to receive a card status has the right to travel abroad 5 years after the date on which the Secretary payment under this section, the State shall (including commutation from a residence confers blue card status upon that alien. provide the Secretary of Health and Human abroad) in the same manner as an alien law- (3) TERMS OF EMPLOYMENT RESPECTING Services with a certification that the State’s fully admitted for permanent residence. ALIENS ADMITTED UNDER THIS SECTION.— proposed uses of the fund are consistent with (3) AUTHORIZED EMPLOYMENT.—An alien in (A) PROHIBITION.—No alien granted blue (D). blue card status shall be provided an ‘‘em- card status may be terminated from employ- ‘‘(G) ANNUAL REPORT.—The Secretary of ployment authorized’’ endorsement or other ment by any employer during the period of Health and Human Services shall inform the appropriate work permit, in the same man- blue card status except for just cause. States annually of the amount of funds ner as an alien lawfully admitted for perma- (B) TREATMENT OF COMPLAINTS.— available to each State under the Program.’’. nent residence. (i) ESTABLISHMENT OF PROCESS.—The Sec- Subtitle B—Agricultural Job Opportunities, (4) TERMINATION OF BLUE CARD STATUS.— retary shall establish a process for the re- Benefits, and Security (A) IN GENERAL.—The Secretary may ter- ceipt, initial review, and disposition of com- SEC. 611. SHORT TITLE. minate blue card status granted under this plaints by aliens granted blue card status This subtitle may be cited as the ‘‘Agricul- subsection only upon a determination under who allege that they have been terminated tural Job Opportunities, Benefits, and Secu- this subtitle that the alien is deportable. without just cause. No proceeding shall be rity Act of 2006’’ or the ‘‘AgJOBS Act of (B) GROUNDS FOR TERMINATION OF BLUE conducted under this subparagraph with re- 2006’’. CARD STATUS.—Before any alien becomes eli- spect to a termination unless the Secretary SEC. 612. DEFINITIONS. gible for adjustment of status under sub- determines that the complaint was filed not In this subtitle: section (c), the Secretary may deny adjust- later than 6 months after the date of the ter- (1) AGRICULTURAL EMPLOYMENT.—The term ment to permanent resident status and pro- mination. ‘‘agricultural employment’’ means any serv- vide for termination of the blue card status (ii) INITIATION OF ARBITRATION.—If the Sec- ice or activity that is considered to be agri- granted such alien under paragraph (1) if— retary finds that a complaint has been filed cultural under section 3(f) of the Fair Labor (i) the Secretary finds, by a preponderance in accordance with clause (i) and there is Standards Act of 1938 (29 U.S.C. 203(f)) or ag- of the evidence, that the adjustment to blue reasonable cause to believe that the com- ricultural labor under section 3121(g) of the card status was the result of fraud or willful plainant was terminated without just cause, Internal Revenue Code of 1986 (26 U.S.C. misrepresentation (as described in section the Secretary shall initiate binding arbitra- 3121(g)). For purposes of this paragraph, agri- 212(a)(6)(C)(i) of the Immigration and Nation- tion proceedings by requesting the Federal cultural employment includes employment ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or Mediation and Conciliation Service to ap- under section 101(a)(15)(H)(ii)(a) of the Immi- (ii) the alien— point a mutually agreeable arbitrator from gration and Nationality Act (8 U.S.C. (I) commits an act that makes the alien in- the roster of arbitrators maintained by such 1101(a)(15)(H)(ii)(a)). admissible to the United States as an immi- Service for the geographical area in which (2) BLUE CARD STATUS.—The term ‘‘blue grant, except as provided under subsection the employer is located. The procedures and card status’’ means the status of an alien (e)(2); rules of such Service shall be applicable to who has been lawfully admitted into the (II) is convicted of a felony or 3 or more the selection of such arbitrator and to such United States for temporary residence under misdemeanors committed in the United arbitration proceedings. The Secretary shall section 613(a). States; or pay the fee and expenses of the arbitrator, (3) EMPLOYER.—The term ‘‘employer’’ (III) is convicted of an offense, an element subject to the availability of appropriations means any person or entity, including any of which involves bodily injury, threat of se- for such purpose. farm labor contractor and any agricultural rious bodily injury, or harm to property in (iii) ARBITRATION PROCEEDINGS.—The arbi- association, that employs workers in agri- excess of $500. trator shall conduct the proceeding in ac- cultural employment. (5) RECORD OF EMPLOYMENT.— cordance with the policies and procedures

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00104 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9963 promulgated by the American Arbitration (I) 5 years of agricultural employment in (III) the alien has entered into an agree- Association applicable to private arbitration the United States, for at least 100 work days ment for payment of all outstanding liabil- of employment disputes. The arbitrator shall or 575 hours, but in no case less than 575 ities with the Internal Revenue Service. make findings respecting whether the termi- hours per year, during the 5-year period be- (ii) APPLICABLE FEDERAL TAX LIABILITY.— nation was for just cause. The arbitrator ginning on the date of the enactment of this For purposes of clause (i), the term ‘‘applica- may not find that the termination was for Act; or ble Federal tax liability’’ means liability for just cause unless the employer so dem- (II) 3 years of agricultural employment in Federal taxes, including penalties and inter- onstrates by a preponderance of the evi- the United States, for at least 150 work days est, owed for any year during the period of dence. If the arbitrator finds that the termi- or 863 hours, but in no case less than 863 employment required under paragraph (1)(A) nation was not for just cause, the arbitrator hours per year, during the 5-year period be- for which the statutory period for assess- shall make a specific finding of the number ginning on the date of the enactment of this ment of any deficiency for such taxes has not of days or hours of work lost by the em- Act. expired. ployee as a result of the termination. The ar- (ii) PROOF.—An alien may demonstrate (iii) IRS COOPERATION.—The Secretary of bitrator shall have no authority to order any compliance with the requirement under the Treasury shall establish rules and proce- other remedy, including, but not limited to, clause (i) by submitting— dures under which the Commissioner of In- reinstatement, back pay, or front pay to the (I) the record of employment described in ternal Revenue shall provide documentation affected employee. Within 30 days from the subsection (a)(5); or to an alien upon request to establish the conclusion of the arbitration proceeding, the (II) such documentation as may be sub- payment of all taxes required by this sub- arbitrator shall transmit the findings in the mitted under subsection (d)(3). paragraph. form of a written opinion to the parties to (2) SPOUSES AND MINOR CHILDREN.— (iii) EXTRAORDINARY CIRCUMSTANCES.—In the arbitration and the Secretary. Such find- determining whether an alien has met the (A) IN GENERAL.—Notwithstanding any ings shall be final and conclusive, and no of- other provision of law, the Secretary shall requirement under clause (i)(I), the Sec- ficial or court of the United States shall confer the status of lawful permanent resi- retary may credit the alien with not more have the power or jurisdiction to review any dent on the spouse and minor child of an than 12 additional months to meet the re- such findings. alien granted status under paragraph (1), in- quirement under clause (i) if the alien was (iv) EFFECT OF ARBITRATION FINDINGS.—If cluding any individual who was a minor unable to work in agricultural employment the Secretary receives a finding of an arbi- child on the date such alien was granted blue due to— trator that an employer has terminated an card status, if the spouse or minor child ap- (I) pregnancy, injury, or disease, if the alien granted blue card status without just plies for such status, or if the principal alien alien can establish such pregnancy, disabling cause, the Secretary shall credit the alien includes the spouse or minor child in an ap- injury, or disease through medical records; for the number of days or hours of work lost plication for adjustment of status to that of (II) illness, disease, or other special needs for purposes of the requirement of subsection a lawful permanent resident. of a minor child, if the alien can establish (c)(1). (B) TREATMENT OF SPOUSES AND MINOR CHIL- such illness, disease, or special needs (v) TREATMENT OF ATTORNEY’S FEES.—The DREN BEFORE ADJUSTMENT OF STATUS.— through medical records; or parties shall bear the cost of their own attor- (i) REMOVAL.—The spouse and any minor ney’s fees involved in the litigation of the (III) severe weather conditions that pre- child of an alien granted blue card status complaint. vented the alien from engaging in agricul- may not be removed while such alien main- (vi) NONEXCLUSIVE REMEDY.—The com- tural employment for a significant period of tains such status, except as provided in sub- plaint process provided for in this subpara- time. paragraph (C). graph is in addition to any other rights an (iv) APPLICATION PERIOD.—The alien applies (ii) TRAVEL.—The spouse and any minor employee may have in accordance with ap- for adjustment of status not later than 7 child of an alien granted blue card status plicable law. years after the date of the enactment of this may travel outside the United States in the (vii) EFFECT ON OTHER ACTIONS OR PRO- Act. same manner as an alien lawfully admitted CEEDINGS.—Any finding of fact or law, judg- (v) FINE.—The alien pays a fine to the Sec- for permanent residence. ment, conclusion, or final order made by an retary in an amount equal to $400. (iii) EMPLOYMENT.—The spouse of an alien arbitrator in the proceeding before the Sec- (B) GROUNDS FOR DENIAL OF ADJUSTMENT OF granted blue card status may apply to the retary shall not be conclusive or binding in STATUS.—The Secretary may deny an alien Secretary for a work permit to authorize any separate or subsequent action or pro- adjustment to permanent resident status, such spouse to engage in any lawful employ- ceeding between the employee and the em- and provide for termination of the blue card ment in the United States while such alien ployee’s current or prior employer brought status granted such alien, if— maintains blue card status. before an arbitrator, administrative agency, (i) the Secretary finds by a preponderance (C) GROUNDS FOR DENIAL OF ADJUSTMENT OF court, or judge of any State or the United of the evidence that the adjustment to blue STATUS AND REMOVAL.—The Secretary may States, regardless of whether the prior ac- card status was the result of fraud or willful deny an alien spouse or child adjustment of tion was between the same or related parties misrepresentation, as described in section status under subparagraph (A) and may re- or involved the same facts, except that the 212(a)(6)(C)(i) of the Immigration and Nation- move such spouse or child under section 240 arbitrator’s specific finding of the number of ality Act (8 U.S.C. 1182(a)(6)(C)(i)); or of the Immigration and Nationality Act (8 days or hours of work lost by the employee (ii) the alien— U.S.C. 1229a) if the spouse or child— as a result of the employment termination (I) commits an act that makes the alien in- (i) commits an act that makes the alien may be referred to the Secretary pursuant to admissible to the United States under sec- spouse or child inadmissible to the United clause (iv). tion 212 of the Immigration and Nationality States under section 212 of such Act (8 U.S.C. (C) CIVIL PENALTIES.— Act (8 U.S.C. 1182), except as provided under 1182), except as provided under subsection (i) IN GENERAL.—If the Secretary finds, subsection (e)(2); (e)(2); after notice and opportunity for a hearing, (II) is convicted of a felony or 3 or more (ii) is convicted of a felony or 3 or more that an employer of an alien granted blue misdemeanors committed in the United misdemeanors committed in the United card status has failed to provide the record States; or States; or of employment required under subsection (III) is convicted of a single misdemeanor (iii) is convicted of a single misdemeanor (a)(5) or has provided a false statement of for which the actual sentence served is 6 for which the actual sentence served is 6 material fact in such a record, the employer months or longer. months or longer. shall be subject to a civil money penalty in (C) GROUNDS FOR REMOVAL.—Any alien (d) APPLICATIONS.— an amount not to exceed $1,000 per violation. granted blue card status who does not apply (1) TO WHOM MAY BE MADE.—The Secretary (ii) LIMITATION.—The penalty applicable for adjustment of status under this sub- shall provide that— under clause (i) for failure to provide records section before the expiration of the applica- (A) applications for blue card status may shall not apply unless the alien has provided tion period described in subparagraph be filed— the employer with evidence of employment (A)(iv), or who fails to meet the other re- (i) with the Secretary, but only if the ap- authorization granted under this section. quirements of subparagraph (A) by the end of plicant is represented by an attorney or a (c) ADJUSTMENT TO PERMANENT RESI- the applicable period, is deportable and may non-profit religious, charitable, social serv- DENCE.— be removed under section 240 of the Immigra- ice, or similar organization recognized by (1) AGRICULTURAL WORKERS.— tion and Nationality Act (8 U.S.C. 1229a). the Board of Immigration Appeals under sec- (A) IN GENERAL.—Except as provided in (D) PAYMENT OF TAXES.— tion 292.2 of title 8, Code of Federal Regula- subparagraph (B), the Secretary shall adjust (i) IN GENERAL.—Not later than the date on tions; or the status of an alien granted blue card sta- which an alien’s status is adjusted under this (ii) with a qualified designated entity (des- tus to that of an alien lawfully admitted for subsection, the alien shall establish the pay- ignated under paragraph (2)), but only if the permanent residence if the Secretary deter- ment of any applicable Federal tax liability applicant consents to the forwarding of the mines that the following requirements are by establishing that— application to the Secretary; and satisfied: (I) no such tax liability exists; (B) applications for adjustment of status (i) QUALIFYING EMPLOYMENT.—The alien (II) all outstanding liabilities have been under subsection (c) shall be filed directly has performed at least— paid; or with the Secretary.

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(2) DESIGNATION OF ENTITIES TO RECEIVE AP- to the applicant by a person designated (ii) may be charged by qualified designated PLICATIONS.— under paragraph (2)(A), or any information entities to help defray the costs of services (A) IN GENERAL.—For purposes of receiving provided by an employer or former employer, provided to such applicants. applications under subsection (a), the Sec- for any purpose other than to make a deter- (B) PROHIBITION ON EXCESS FEES BY QUALI- retary— mination on the application, or for enforce- FIED DESIGNATED ENTITIES.—A qualified des- (i) shall designate qualified farm labor or- ment of paragraph (7); ignated entity may not charge any fee in ex- ganizations and associations of employers; (ii) make any publication whereby the in- cess of, or in addition to, the fees authorized and formation furnished by any particular indi- under subparagraph (A)(ii) for services pro- (ii) may designate such other persons as vidual can be identified; or vided to applicants. the Secretary determines are qualified and (iii) permit anyone other than the sworn (C) DISPOSITION OF FEES.— have substantial experience, demonstrate officers and employees of the Department, or (i) IN GENERAL.—There is established in the competence, and have traditional long-term a bureau or agency of the Department, or, general fund of the Treasury a separate ac- involvement in the preparation and submis- with respect to applications filed with a count, which shall be known as the ‘‘Agricul- sion of applications for adjustment of status qualified designated entity, that qualified tural Worker Immigration Status Adjust- under section 209, 210, or 245 of the Immigra- designated entity, to examine individual ap- ment Account’’. Notwithstanding any other tion and Nationality Act, Public Law 89–732, plications. provision of law, there shall be deposited as Public Law 95–145, or the Immigration Re- (B) REQUIRED DISCLOSURES.—The Secretary offsetting receipts into the account all fees form and Control Act of 1986. shall provide the information furnished collected under subparagraph (A)(i). (B) REFERENCES.—Organizations, associa- under this section, or any other information (ii) USE OF FEES FOR APPLICATION PROC- tions, and persons designated under subpara- derived from such furnished information, ESSING.—Amounts deposited in the ‘‘Agricul- graph (A) are referred to in this subtitle as to— tural Worker Immigration Status Adjust- ‘‘qualified designated entities’’. (i) a duly recognized law enforcement enti- ment Account’’ shall remain available to the (3) PROOF OF ELIGIBILITY.— ty in connection with a criminal investiga- Secretary until expended for processing ap- (A) IN GENERAL.—An alien may establish tion or prosecution, if such information is plications for status under subsections (a) that the alien meets the requirement of sub- requested in writing by such entity; or and (c). section (a)(1)(A) or (c)(1)(A) through govern- (ii) an official coroner, for purposes of af- (e) WAIVER OF NUMERICAL LIMITATIONS AND ment employment records or records sup- firmatively identifying a deceased indi- CERTAIN GROUNDS FOR INADMISSIBILITY.— plied by employers or collective bargaining vidual, whether or not the death of such in- (1) NUMERICAL LIMITATIONS DO NOT APPLY.— organizations, and other reliable documenta- dividual resulted from a crime. The numerical limitations of sections 201 tion as the alien may provide. The Secretary (C) CONSTRUCTION.— and 202 of the Immigration and Nationality shall establish special procedures to properly (i) IN GENERAL.—Nothing in this paragraph Act (8 U.S.C. 1151 and 1152) shall not apply to credit work in cases in which an alien was shall be construed to limit the use, or re- the adjustment of aliens to lawful permanent employed under an assumed name. lease, for immigration enforcement purposes resident status under this section. (B) DOCUMENTATION OF WORK HISTORY.— or law enforcement purposes of information (2) WAIVER OF CERTAIN GROUNDS OF INADMIS- (i) BURDEN OF PROOF.—An alien applying contained in files or records of the Depart- SIBILITY.—In the determination of an alien’s for status under subsection (a)(1) or (c)(1) has ment pertaining to an application filed eligibility for status under subsection the burden of proving by a preponderance of under this section, other than information (a)(1)(C) or an alien’s eligibility for adjust- the evidence that the alien has worked the furnished by an applicant pursuant to the ment of status under subsection requisite number of hours or days (as re- application, or any other information de- (c)(1)(B)(ii)(I), the following rules shall quired under subsection (a)(1)(A) or rived from the application, that is not avail- apply: (c)(1)(A)). able from any other source. (A) GROUNDS OF EXCLUSION NOT APPLICA- (ii) TIMELY PRODUCTION OF RECORDS.—If an (ii) CRIMINAL CONVICTIONS.—Information BLE.—The provisions of paragraphs (5), employer or farm labor contractor employ- concerning whether the applicant has at any (6)(A), (7), and (9) of section 212(a) of the Im- ing such an alien has kept proper and ade- time been convicted of a crime may be used migration and Nationality Act (8 U.S.C. quate records respecting such employment, or released for immigration enforcement or 1182(a)) shall not apply. the alien’s burden of proof under clause (i) law enforcement purposes. (B) WAIVER OF OTHER GROUNDS.— may be met by securing timely production of (D) CRIME.—Any person who knowingly (i) IN GENERAL.—Except as provided in those records under regulations to be pro- uses, publishes, or permits information to be clause (ii), the Secretary may waive any mulgated by the Secretary. examined in violation of this paragraph shall other provision of such section 212(a) in the (iii) SUFFICIENT EVIDENCE.—An alien can be subject to a fine in an amount not to ex- case of individual aliens for humanitarian meet the burden of proof under clause (i) to ceed $10,000. purposes, to ensure family unity, or if other- establish that the alien has performed the (7) PENALTIES FOR FALSE STATEMENTS IN AP- wise in the public interest. work described in subsection (a)(1)(A) or PLICATIONS.— (ii) GROUNDS THAT MAY NOT BE WAIVED.— (c)(1)(A) by producing sufficient evidence to (A) CRIMINAL PENALTY.—Any person who— Paragraphs (2)(A), (2)(B), (2)(C), (3), and (4) of show the extent of that employment as a (i) files an application for status under sub- such section 212(a) may not be waived by the matter of just and reasonable inference. section (a) or (c) and knowingly and willfully Secretary under clause (i). (4) TREATMENT OF APPLICATIONS BY QUALI- falsifies, conceals, or covers up a material (iii) CONSTRUCTION.—Nothing in this sub- FIED DESIGNATED ENTITIES.—Each qualified fact or makes any false, fictitious, or fraudu- paragraph shall be construed as affecting the designated entity shall agree to forward to lent statements or representations, or makes authority of the Secretary other than under the Secretary applications filed with it in or uses any false writing or document know- this subparagraph to waive provisions of accordance with paragraph (1)(A)(i)(II) but ing the same to contain any false, fictitious, such section 212(a). shall not forward to the Secretary applica- or fraudulent statement or entry; or (C) SPECIAL RULE FOR DETERMINATION OF tions filed with it unless the applicant has (ii) creates or supplies a false writing or PUBLIC CHARGE.—An alien is not ineligible for consented to such forwarding. No such entity document for use in making such an applica- status under this section by reason of a may make a determination required by this tion, ground of inadmissibility under section section to be made by the Secretary. Upon shall be fined in accordance with title 18, 212(a)(4) of the Immigration and Nationality the request of the alien, a qualified des- United States Code, imprisoned not more Act (8 U.S.C. 1182(a)(4)) if the alien dem- ignated entity shall assist the alien in ob- than 5 years, or both. onstrates a history of employment in the taining documentation of the work history (B) INADMISSIBILITY.—An alien who is con- United States evidencing self-support with- of the alien. victed of a crime under subparagraph (A) out reliance on public cash assistance. (5) LIMITATION ON ACCESS TO INFORMATION.— shall be considered to be inadmissible to the (f) TEMPORARY STAY OF REMOVAL AND Files and records prepared for purposes of United States on the ground described in sec- WORK AUTHORIZATION FOR CERTAIN APPLI- this subsection by qualified designated enti- tion 212(a)(6)(C)(i) of the Immigration and CANTS.— ties operating under this subsection are con- Nationality Act (8 U.S.C. 1182(a)(6)(C)(i)). (1) BEFORE APPLICATION PERIOD.—Effective fidential and the Secretary shall not have (8) ELIGIBILITY FOR LEGAL SERVICES.—Sec- on the date of enactment of this Act, the access to such files or records relating to an tion 504(a)(11) of Public Law 104–134 (110 Stat. Secretary shall provide that, in the case of alien without the consent of the alien, ex- 1321–53 et seq.) shall not be construed to pre- an alien who is apprehended before the be- cept as allowed by a court order issued pur- vent a recipient of funds under the Legal ginning of the application period described suant to paragraph (6). Services Corporation Act (42 U.S.C. 2996 et in subsection (a)(1)(B) and who can establish (6) CONFIDENTIALITY OF INFORMATION.— seq.) from providing legal assistance directly a nonfrivolous case of eligibility for blue (A) IN GENERAL.—Except as otherwise pro- related to an application for adjustment of card status (but for the fact that the alien vided in this subsection, neither the Sec- status under this section. may not apply for such status until the be- retary, nor any other official or employee of (9) APPLICATION FEES.— ginning of such period), until the alien has the Department, or a bureau or agency of the (A) FEE SCHEDULE.—The Secretary shall had the opportunity during the first 30 days Department, may— provide for a schedule of fees that— of the application period to complete the fil- (i) use the information furnished by the ap- (i) shall be charged for the filing of appli- ing of an application for blue card status, the plicant pursuant to an application filed cations for status under subsections (a) and alien— under this section, the information provided (c); and (A) may not be removed; and

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(B) shall be granted authorization to en- (2) in subparagraph (C), by inserting ‘‘or’’ ‘‘(F) PROVISION OF INSURANCE.—If the job gage in employment in the United States at the end; opportunity is not covered by the State and be provided an ‘‘employment author- (3) by inserting after subparagraph (C) the workers’ compensation law, the employer ized’’ endorsement or other appropriate work following: will provide, at no cost to the worker, insur- permit for such purpose. ‘‘(D) who is granted blue card status under ance covering injury and disease arising out (2) DURING APPLICATION PERIOD.—The Sec- the Agricultural Job Opportunity, Benefits, of, and in the course of, the worker’s employ- retary shall provide that, in the case of an and Security Act of 2006,’’; and ment which will provide benefits at least alien who presents a nonfrivolous applica- (4) by striking ‘‘1990.’’ and inserting ‘‘1990, equal to those provided under the State’s tion for blue card status during the applica- or in the case of an alien described in sub- workers’ compensation law for comparable tion period described in subsection (a)(1)(B), paragraph (D), if such conduct is alleged to employment. including an alien who files such an applica- have occurred before the date on which the ‘‘(2) JOB OPPORTUNITIES NOT COVERED BY tion within 30 days of the alien’s apprehen- alien was granted blue card status.’’. COLLECTIVE BARGAINING AGREEMENTS.—With sion, and until a final determination on the (b) EFFECTIVE DATE.—The amendments application has been made in accordance made by subsection (a) shall take effect on respect to a job opportunity that is not cov- with this section, the alien— the first day of the seventh month that be- ered under a collective bargaining agree- (A) may not be removed; and gins after the date of the enactment of this ment: (B) shall be granted authorization to en- Act. ‘‘(A) STRIKE OR LOCKOUT.—The specific job gage in employment in the United States CHAPTER 2—REFORM OF H–2A WORKER opportunity for which the employer is re- and be provided an ‘‘employment author- PROGRAM questing an H–2A worker is not vacant be- ized’’ endorsement or other appropriate work cause the former occupant is on strike or permit for such purpose. SEC. 615. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT. being locked out in the course of a labor dis- (g) ADMINISTRATIVE AND JUDICIAL RE- (a) IN GENERAL.—Title II (8 U.S.C. 1151 et pute. VIEW.— seq.) is amended— ‘‘(B) TEMPORARY OR SEASONAL JOB OPPORTU- (1) IN GENERAL.—There shall be no adminis- NITIES.—The job opportunity is temporary or trative or judicial review of a determination (1) by striking section 218 and inserting the respecting an application for status under following: seasonal. subsection (a) or (c) except in accordance ‘‘SEC. 218. H–2A EMPLOYER APPLICATIONS. ‘‘(C) BENEFIT, WAGE, AND WORKING CONDI- with this subsection. ‘‘(a) APPLICATIONS TO THE SECRETARY OF TIONS.—The employer will provide, at a min- (2) ADMINISTRATIVE REVIEW.— LABOR.— imum, the benefits, wages, and working con- (A) SINGLE LEVEL OF ADMINISTRATIVE AP- ‘‘(1) IN GENERAL.—No alien may be admit- ditions required by section 218E to all work- PELLATE REVIEW.—The Secretary shall estab- ted to the United States as an H–2A worker, ers employed in the job opportunities for lish an appellate authority to provide for a or otherwise provided status as an H–2A which the employer has applied under sub- single level of administrative appellate re- worker, unless the employer has filed with section (a) and to all other workers in the view of such a determination. the Secretary of Labor an application con- same occupation at the place of employ- (B) STANDARD FOR REVIEW.—Such adminis- taining— ment. trative appellate review shall be based solely ‘‘(A) the assurances described in subsection ‘‘(D) NONDISPLACEMENT OF UNITED STATES (b); upon the administrative record established WORKERS.—The employer did not displace at the time of the determination on the ap- ‘‘(B) a description of the nature and loca- and will not displace a United States worker tion of the work to be performed; plication and upon such additional or newly employed by the employer during the period ‘‘(C) the anticipated period (expected be- discovered evidence as may not have been of employment and for a period of 30 days available at the time of the determination. ginning and ending dates) for which the preceding the period of employment in the (3) JUDICIAL REVIEW.— workers will be needed; and occupation at the place of employment for (A) LIMITATION TO REVIEW OF REMOVAL.— ‘‘(D) the number of job opportunities in There shall be judicial review of such a de- which the employer seeks to employ the which the employer seeks approval to em- termination only in the judicial review of an workers. ploy H–2A workers. order of removal under section 242 of the Im- ‘‘(2) ACCOMPANIED BY JOB OFFER.—Each ap- ‘‘(E) REQUIREMENTS FOR PLACEMENT OF NON- migration and Nationality Act (8 U.S.C. plication filed under paragraph (1) shall be IMMIGRANT WITH OTHER EMPLOYERS.—The em- 1252). accompanied by a copy of the job offer de- ployer will not place the nonimmigrant with (B) STANDARD FOR JUDICIAL REVIEW.—Such scribing the wages and other terms and con- another employer unless— judicial review shall be based solely upon the ditions of employment and the bona fide oc- ‘‘(i) the nonimmigrant performs duties in administrative record established at the cupational qualifications that shall be pos- whole or in part at 1 or more work sites time of the review by the appellate authority sessed by a worker to be employed in the job owned, operated, or controlled by such other and the findings of fact and determinations opportunity in question. employer; contained in such record shall be conclusive ‘‘(b) ASSURANCES FOR INCLUSION IN APPLI- ‘‘(ii) there are indicia of an employment unless the applicant can establish abuse of CATIONS.—The assurances referred to in sub- relationship between the nonimmigrant and discretion or that the findings are directly section (a)(1) are the following: such other employer; and contrary to clear and convincing facts con- ‘‘(1) JOB OPPORTUNITIES COVERED BY COLLEC- ‘‘(iii) the employer has inquired of the TIVE BARGAINING AGREEMENTS.—With respect tained in the record considered as a whole. other employer as to whether, and has no ac- (h) DISSEMINATION OF INFORMATION ON AD- to a job opportunity that is covered under a tual knowledge or notice that, during the pe- JUSTMENT PROGRAM.—Beginning not later collective bargaining agreement: riod of employment and for a period of 30 than the first day of the application period ‘‘(A) UNION CONTRACT DESCRIBED.—The job described in subsection (a)(1)(B), the Sec- opportunity is covered by a union contract days preceding the period of employment, retary, in cooperation with qualified des- which was negotiated at arm’s length be- the other employer has displaced or intends ignated entities, shall broadly disseminate tween a bona fide union and the employer. to displace a United States worker employed information respecting the benefits that ‘‘(B) STRIKE OR LOCKOUT.—The specific job by the other employer in the occupation at aliens may receive under this section and the opportunity for which the employer is re- the place of employment for which the em- requirements to be satisfied to obtain such questing an H–2A worker is not vacant be- ployer seeks approval to employ H–2A work- benefits. cause the former occupant is on strike or ers. (i) REGULATIONS.—The Secretary shall being locked out in the course of a labor dis- ‘‘(F) STATEMENT OF LIABILITY.—The appli- issue regulations to implement this section pute. cation form shall include a clear statement not later than the first day of the seventh ‘‘(C) NOTIFICATION OF BARGAINING REP- explaining the liability under subparagraph month that begins after the date of enact- RESENTATIVES.—The employer, at the time of ment of this Act. (E) of an employer if the other employer de- filing the application, has provided notice of (j) EFFECTIVE DATE.—This section shall scribed in such subparagraph displaces a take effect on the date that regulations are the filing under this paragraph to the bar- United States worker as described in such issued implementing this section on an in- gaining representative of the employer’s em- subparagraph. terim or other basis. ployees in the occupational classification at ‘‘(G) PROVISION OF INSURANCE.—If the job (k) AUTHORIZATION OF APPROPRIATIONS.— the place or places of employment for which opportunity is not covered by the State There are authorized to be appropriated to aliens are sought. workers’ compensation law, the employer ‘‘(D) TEMPORARY OR SEASONAL JOB OPPOR- the Secretary to carry out this section will provide, at no cost to the worker, insur- TUNITIES.—The job opportunity is temporary $40,000,000 for each of fiscal years 2007 ance covering injury and disease arising out or seasonal. through 2010. of and in the course of the worker’s employ- ‘‘(E) OFFERS TO UNITED STATES WORKERS.— SEC. 614. CORRECTION OF SOCIAL SECURITY ment which will provide benefits at least RECORDS. The employer has offered or will offer the job equal to those provided under the State’s (a) IN GENERAL.—Section 208(d)(1) of the to any eligible United States worker who ap- Social Security Act (42 U.S.C. 408(d)(1)) is plies and is equally or better qualified for workers’ compensation law for comparable amended— the job for which the nonimmigrant is, or employment. (1) in subparagraph (B)(ii), by striking ‘‘or’’ the nonimmigrants are, sought and who will ‘‘(H) EMPLOYMENT OF UNITED STATES WORK- at the end; be available at the time and place of need. ERS.—

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‘‘(i) RECRUITMENT.—The employer has retary of Labor finds that a violation has oc- ‘‘(A) COMPILATION OF LIST.—The Secretary taken or will take the following steps to re- curred, the Secretary of Labor shall imme- of Labor shall compile, on a current basis, a cruit United States workers for the job op- diately suspend the application of this clause list (by employer and by occupational classi- portunities for which the H–2A non- with respect to that certification for that fication) of the applications filed under this immigrant is, or H–2A nonimmigrants are, date of need. subsection. Such list shall include the wage sought: ‘‘(III) PLACEMENT OF UNITED STATES WORK- rate, number of workers sought, period of in- ‘‘(I) CONTACTING FORMER WORKERS.—The ERS.—Before referring a United States work- tended employment, and date of need. The employer shall make reasonable efforts er to an employer during the period de- Secretary of Labor shall make such list through the sending of a letter by United scribed in the matter preceding subclause (I), available for examination in the District of States Postal Service mail, or otherwise, to the Secretary of Labor shall make all rea- Columbia. contact any United States worker the em- sonable efforts to place the United States ‘‘(B) REVIEW OF APPLICATIONS.—The Sec- ployer employed during the previous season worker in an open job acceptable to the retary of Labor shall review such an applica- in the occupation at the place of intended worker, if there are other job offers pending tion only for completeness and obvious inac- employment for which the employer is ap- with the job service that offer similar job op- curacies. Unless the Secretary of Labor finds plying for workers and has made the avail- portunities in the area of intended employ- that the application is incomplete or obvi- ability of the employer’s job opportunities in ment. ously inaccurate, the Secretary of Labor the occupation at the place of intended em- ‘‘(iv) STATUTORY CONSTRUCTION.—Nothing shall certify that the intending employer has ployment known to such previous workers, in this subparagraph shall be construed to filed with the Secretary of Labor an applica- unless the worker was terminated from em- prohibit an employer from using such legiti- tion as described in subsection (a). Such cer- ployment by the employer for a lawful job- mate selection criteria relevant to the type tification shall be provided within 7 days of related reason or abandoned the job before of job that are normal or customary to the the filing of the application.’’; and the worker completed the period of employ- type of job involved so long as such criteria (2) by inserting after section 218D, as added ment of the job opportunity for which the are not applied in a discriminatory manner. by section 601 of this Act, the following: worker was hired. ‘‘(c) APPLICATIONS BY ASSOCIATIONS ON BE- ‘‘SEC. 218E. H–2A EMPLOYMENT REQUIREMENTS. ‘‘(II) FILING A JOB OFFER WITH THE LOCAL HALF OF EMPLOYER MEMBERS.— ‘‘(a) PREFERENTIAL TREATMENT OF ALIENS OFFICE OF THE STATE EMPLOYMENT SECURITY ‘‘(1) IN GENERAL.—An agricultural associa- PROHIBITED.—Employers seeking to hire AGENCY.—Not later than 28 days before the tion may file an application under sub- date on which the employer desires to em- section (a) on behalf of 1 or more of its em- United States workers shall offer the United ploy an H–2A worker in a temporary or sea- ployer members that the association cer- States workers no less than the same bene- sonal agricultural job opportunity, the em- tifies in its application has or have agreed in fits, wages, and working conditions that the ployer shall submit a copy of the job offer writing to comply with the requirements of employer is offering, intends to offer, or will described in subsection (a)(2) to the local of- this section and sections 218E through 218G. provide to H–2A workers. Conversely, no job fice of the State employment security agen- ‘‘(2) TREATMENT OF ASSOCIATIONS ACTING AS offer may impose on United States workers cy which serves the area of intended employ- EMPLOYERS.—If an association filing an ap- any restrictions or obligations which will ment and authorize the posting of the job op- plication under paragraph (1) is a joint or not be imposed on the employer’s H–2A portunity on ‘America’s Job Bank’ or other sole employer of the temporary or seasonal workers. electronic job registry, except that nothing agricultural workers requested on the appli- ‘‘(b) MINIMUM BENEFITS, WAGES, AND WORK- in this subclause shall require the employer cation, the certifications granted under sub- ING CONDITIONS.—Except in cases where high- to file an interstate job order under section section (e)(2)(B) to the association may be er benefits, wages, or working conditions are 653 of title 20, Code of Federal Regulations. used for the certified job opportunities of required by the provisions of subsection (a), ‘‘(III) ADVERTISING OF JOB OPPORTUNITIES.— any of its producer members named on the in order to protect similarly employed Not later than 14 days before the date on application, and such workers may be trans- United States workers from adverse effects which the employer desires to employ an H– ferred among such producer members to per- with respect to benefits, wages, and working 2A worker in a temporary or seasonal agri- form the agricultural services of a tem- conditions, every job offer which shall ac- cultural job opportunity, the employer shall porary or seasonal nature for which the cer- company an application under section advertise the availability of the job opportu- tifications were granted. 218(b)(2) shall include each of the following nities for which the employer is seeking ‘‘(d) WITHDRAWAL OF APPLICATIONS.— benefit, wage, and working condition provi- workers in a publication in the local labor ‘‘(1) IN GENERAL.—An employer may with- sions: market that is likely to be patronized by po- draw an application filed pursuant to sub- ‘‘(1) REQUIREMENT TO PROVIDE HOUSING OR A tential farm workers. section (a), except that if the employer is an HOUSING ALLOWANCE.— ‘‘(IV) EMERGENCY PROCEDURES.—The Sec- agricultural association, the association ‘‘(A) IN GENERAL.—An employer applying retary of Labor shall, by regulation, provide may withdraw an application filed pursuant under section 218(a) for H–2A workers shall a procedure for acceptance and approval of to subsection (a) with respect to 1 or more of offer to provide housing at no cost to all applications in which the employer has not its members. To withdraw an application, workers in job opportunities for which the complied with the provisions of this subpara- the employer or association shall notify the employer has applied under that section and graph because the employer’s need for H–2A Secretary of Labor in writing, and the Sec- to all other workers in the same occupation workers could not reasonably have been fore- retary of Labor shall acknowledge in writing at the place of employment, whose place of seen. the receipt of such withdrawal notice. An residence is beyond normal commuting dis- ‘‘(ii) JOB OFFERS.—The employer has of- employer who withdraws an application tance. fered or will offer the job to any eligible under subsection (a), or on whose behalf an ‘‘(B) TYPE OF HOUSING.—In complying with United States worker who applies and is application is withdrawn, is relieved of the subparagraph (A), an employer may, at the equally or better qualified for the job for obligations undertaken in the application. employer’s election, provide housing that which the nonimmigrant is, or non- ‘‘(2) LIMITATION.—An application may not meets applicable Federal standards for tem- immigrants are, sought and who will be be withdrawn while any alien provided sta- porary labor camps or secure housing that available at the time and place of need. tus under section 101(a)(15)(H)(ii)(a) pursuant meets applicable local standards for rental ‘‘(iii) PERIOD OF EMPLOYMENT.—The em- to such application is employed by the em- or public accommodation housing or other ployer will provide employment to any ployer. substantially similar class of habitation, or qualified United States worker who applies ‘‘(3) OBLIGATIONS UNDER OTHER STATUTES.— in the absence of applicable local standards, to the employer during the period beginning Any obligation incurred by an employer State standards for rental or public accom- on the date on which the foreign worker de- under any other law or regulation as a result modation housing or other substantially parts for the employer’s place of employ- of the recruitment of United States workers similar class of habitation. In the absence of ment and ending on the date on which 50 per- or H–2A workers under an offer of terms and applicable local or State standards, Federal cent of the period of employment for which conditions of employment required as a re- temporary labor camp standards shall apply. the foreign worker who is in the job was sult of making an application under sub- ‘‘(C) FAMILY HOUSING.—When it is the pre- hired has elapsed, subject to the following section (a) is unaffected by withdrawal of vailing practice in the occupation and area requirements: such application. of intended employment to provide family ‘‘(I) PROHIBITION.—No person or entity ‘‘(e) REVIEW AND APPROVAL OF APPLICA- housing, family housing shall be provided to shall willfully and knowingly withhold TIONS.— workers with families who request it. United States workers before the arrival of ‘‘(1) RESPONSIBILITY OF EMPLOYERS.—The ‘‘(D) WORKERS ENGAGED IN THE RANGE PRO- H–2A workers in order to force the hiring of employer shall make available for public ex- DUCTION OF LIVESTOCK.—The Secretary of United States workers under this clause. amination, within 1 working day after the Labor shall issue regulations that address ‘‘(II) COMPLAINTS.—Upon receipt of a com- date on which an application under sub- the specific requirements for the provision of plaint by an employer that a violation of section (a) is filed, at the employer’s prin- housing to workers engaged in the range pro- subclause (I) has occurred, the Secretary of cipal place of business or work site, a copy of duction of livestock. Labor shall immediately investigate. The each such application (and such accom- ‘‘(E) LIMITATION.—Nothing in this para- Secretary of Labor shall, within 36 hours of panying documents as are necessary). graph shall be construed to require an em- the receipt of the complaint, issue findings ‘‘(2) RESPONSIBILITY OF THE SECRETARY OF ployer to provide or secure housing for per- concerning the alleged violation. If the Sec- LABOR.— sons who were not entitled to such housing

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00108 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9967 under the temporary labor certification reg- the employer for the cost of the worker’s 1 shall be the wage rate that would have re- ulations in effect on June 1, 1986. transportation and subsistence from the sulted if the adverse effect wage rate in ef- ‘‘(F) CHARGES FOR HOUSING.— place from which the worker came to work fect on January 1, 2003, had been annually ‘‘(i) CHARGES FOR PUBLIC HOUSING.—If pub- for the employer (or place of last employ- adjusted, beginning on March 1, 2006, by the lic housing provided for migrant agricultural ment, if the worker traveled from such lesser of— workers under the auspices of a local, coun- place) to the place of employment. ‘‘(I) the 12 month percentage change in the ty, or State government is secured by an em- ‘‘(B) FROM PLACE OF EMPLOYMENT.—A Consumer Price Index for All Urban Con- ployer, and use of the public housing unit worker who completes the period of employ- sumers between December of the second pre- normally requires charges from migrant ment for the job opportunity involved shall ceding year and December of the preceding workers, such charges shall be paid by the be reimbursed by the employer for the cost year; and employer directly to the appropriate indi- of the worker’s transportation and subsist- ‘‘(II) 4 percent. vidual or entity affiliated with the housing’s ence from the place of employment to the ‘‘(ii) SUBSEQUENT ANNUAL ADJUSTMENTS.— management. place from which the worker, disregarding Beginning on the first March 1 that is not ‘‘(ii) DEPOSIT CHARGES.—Charges in the intervening employment, came to work for less than 4 years after the date of enactment form of deposits for bedding or other similar the employer, or to the place of next employ- of this section, and each March 1 thereafter, incidentals related to housing shall not be ment, if the worker has contracted with a the adverse effect wage rate then in effect levied upon workers by employers who pro- subsequent employer who has not agreed to for each State shall be adjusted by the lesser vide housing for their workers. An employer provide or pay for the worker’s transpor- of— may require a worker found to have been re- tation and subsistence to such subsequent ‘‘(I) the 12 month percentage change in the sponsible for damage to such housing which employer’s place of employment. Consumer Price Index for All Urban Con- is not the result of normal wear and tear re- ‘‘(C) LIMITATION.— sumers between December of the second pre- lated to habitation to reimburse the em- ‘‘(i) AMOUNT OF REIMBURSEMENT.—Except ceding year and December of the preceding ployer for the reasonable cost of repair of as provided in clause (ii), the amount of re- year; and such damage. imbursement provided under subparagraph ‘‘(II) 4 percent. ‘‘(G) HOUSING ALLOWANCE AS ALTER- (A) or (B) to a worker or alien shall not ex- ‘‘(D) DEDUCTIONS.—The employer shall NATIVE.— ceed the lesser of— make only those deductions from the work- ‘‘(i) IN GENERAL.—If the requirement under ‘‘(I) the actual cost to the worker or alien clause (ii) is satisfied, the employer may pro- of the transportation and subsistence in- er’s wages that are authorized by law or are vide a reasonable housing allowance instead volved; or reasonable and customary in the occupation of offering housing under subparagraph (A). ‘‘(II) the most economical and reasonable and area of employment. The job offer shall Upon the request of a worker seeking assist- common carrier transportation charges and specify all deductions not required by law ance in locating housing, the employer shall subsistence costs for the distance involved. which the employer will make from the make a good faith effort to assist the worker ‘‘(ii) DISTANCE TRAVELED.—No reimburse- worker’s wages. in identifying and locating housing in the ment under subparagraph (A) or (B) shall be ‘‘(E) FREQUENCY OF PAY.—The employer area of intended employment. An employer required if the distance traveled is 100 miles shall pay the worker not less frequently than who offers a housing allowance to a worker, or less, or the worker is not residing in em- twice monthly, or in accordance with the or assists a worker in locating housing which ployer-provided housing or housing secured prevailing practice in the area of employ- the worker occupies, pursuant to this clause through an allowance as provided in para- ment, whichever is more frequent. shall not be deemed a housing provider under graph (1)(G). ‘‘(F) HOURS AND EARNINGS STATEMENTS.— section 203 of the Migrant and Seasonal Agri- ‘‘(D) EARLY TERMINATION.—If the worker is The employer shall furnish to the worker, on cultural Worker Protection Act (29 U.S.C. laid off or employment is terminated for or before each payday, in 1 or more written 1823) solely by virtue of providing such hous- contract impossibility (as described in para- statements— ing allowance. No housing allowance may be graph (4)(D)) before the anticipated ending ‘‘(i) the worker’s total earnings for the pay used for housing which is owned or con- date of employment, the employer shall pro- period; trolled by the employer. vide the transportation and subsistence re- ‘‘(ii) the worker’s hourly rate of pay, piece ‘‘(ii) CERTIFICATION.—The requirement of quired by subparagraph (B) and, notwith- rate of pay, or both; this clause is satisfied if the Governor of the standing whether the worker has completed ‘‘(iii) the hours of employment which have State certifies to the Secretary of Labor 50 percent of the period of employment, shall been offered to the worker (broken out by that there is adequate housing available in provide the transportation reimbursement hours offered in accordance with and over the area of intended employment for mi- required by subparagraph (A). and above the three-quarters guarantee de- grant farm workers, and H–2A workers, who ‘‘(E) TRANSPORTATION BETWEEN LIVING scribed in paragraph (4); are seeking temporary housing while em- QUARTERS AND WORK SITE.—The employer ‘‘(iv) the hours actually worked by the ployed at farm work. Such certification shall shall provide transportation between the worker; expire after 3 years unless renewed by the worker’s living quarters and the employer’s ‘‘(v) an itemization of the deductions made Governor of the State. work site without cost to the worker, and from the worker’s wages; and ‘‘(iii) AMOUNT OF ALLOWANCE.— such transportation will be in accordance ‘‘(vi) if piece rates of pay are used, the ‘‘(I) NONMETROPOLITAN COUNTIES.—If the with applicable laws and regulations. units produced daily. place of employment of the workers provided ‘‘(3) REQUIRED WAGES.— ‘‘(G) REPORT ON WAGE PROTECTIONS.—Not an allowance under this subparagraph is a ‘‘(A) IN GENERAL.—An employer applying later than December 31, 2008, the Comp- nonmetropolitan county, the amount of the for workers under section 218(a) shall offer to troller General of the United States shall housing allowance under this subparagraph pay, and shall pay, all workers in the occu- prepare and transmit to the Secretary of shall be equal to the statewide average fair pation for which the employer has applied Labor, the Committee on the Judiciary of market rental for existing housing for non- for workers, not less (and is not required to the Senate, and Committee on the Judiciary metropolitan counties for the State, as es- pay more) than the greater of the prevailing of the House of Representatives, a report tablished by the Secretary of Housing and wage in the occupation in the area of in- that addresses— Urban Development pursuant to section 8(c) tended employment or the adverse effect ‘‘(i) whether the employment of H–2A or of the United States Housing Act of 1937 (42 wage rate. No worker shall be paid less than unauthorized aliens in the United States ag- U.S.C. 1437f(c)), based on a 2 bedroom dwell- the greater of the hourly wage prescribed ricultural work force has depressed United ing unit and an assumption of 2 persons per under section 6(a)(1) of the Fair Labor Stand- States farm worker wages below the levels bedroom. ards Act of 1938 (29 U.S.C. 206(a)(1)) or the ap- that would otherwise have prevailed if alien ‘‘(II) METROPOLITAN COUNTIES.—If the place plicable State minimum wage. farm workers had not been employed in the of employment of the workers provided an ‘‘(B) LIMITATION.—Effective on the date of United States; allowance under this paragraph is in a met- the enactment of the Agricultural Job Op- ‘‘(ii) whether an adverse effect wage rate is ropolitan county, the amount of the housing portunities, Benefits, and Security Act of necessary to prevent wages of United States allowance under this subparagraph shall be 2006 and continuing for 3 years thereafter, no farm workers in occupations in which H–2A equal to the statewide average fair market adverse effect wage rate for a State may be workers are employed from falling below the rental for existing housing for metropolitan more than the adverse effect wage rate for wage levels that would have prevailed in the counties for the State, as established by the that State in effect on January 1, 2003, as es- absence of the employment of H–2A workers Secretary of Housing and Urban Develop- tablished by section 655.107 of title 20, Code in those occupations; ment pursuant to section 8(c) of the United of Federal Regulations. ‘‘(iii) whether alternative wage standards, States Housing Act of 1937 (42 U.S.C. ‘‘(C) REQUIRED WAGES AFTER 3-YEAR such as a prevailing wage standard, would be 1437f(c)), based on a 2-bedroom dwelling unit FREEZE.— sufficient to prevent wages in occupations in and an assumption of 2 persons per bedroom. ‘‘(i) FIRST ADJUSTMENT.—If Congress does which H–2A workers are employed from fall- ‘‘(2) REIMBURSEMENT OF TRANSPORTATION.— not set a new wage standard applicable to ing below the wage level that would have ‘‘(A) TO PLACE OF EMPLOYMENT.—A worker this section before the first March 1 that is prevailed in the absence of H–2A employ- who completes 50 percent of the period of not less than 3 years after the date of enact- ment; employment of the job opportunity for which ment of this section, the adverse effect wage ‘‘(iv) whether any changes are warranted the worker was hired shall be reimbursed by rate for each State beginning on such March in the current methodologies for calculating

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NATION FOR CAUSE.—If the worker voluntarily forms to the standards prescribed by the Sec- ‘‘(H) COMMISSION ON WAGE STANDARDS.— abandons employment before the end of the retary of Labor under section 401(b) of the ‘‘(i) ESTABLISHMENT.—There is established contract period, or is terminated for cause, Migrant and Seasonal Agricultural Worker the Commission on Agricultural Wage the worker is not entitled to the ‘three- Protection Act (29 U.S.C. 1841(b)) and other Standards under the H–2A program (in this fourths guarantee’ described in subparagraph applicable Federal and State safety stand- subparagraph referred to as the ‘Commis- (A). ards; sion’). ‘‘(D) CONTRACT IMPOSSIBILITY.—If, before ‘‘(II) ensure that each driver has a valid ‘‘(ii) COMPOSITION.—The Commission shall the expiration of the period of employment and appropriate license, as provided by State consist of 10 members as follows: specified in the job offer, the services of the law, to operate the vehicle; and ‘‘(I) 4 representatives of agricultural em- worker are no longer required for reasons be- ‘‘(III) have an insurance policy or a liabil- ployers and 1 representative of the Depart- yond the control of the employer due to any ity bond that is in effect which insures the ment of Agriculture, each appointed by the form of natural disaster, including but not employer against liability for damage to per- Secretary of Agriculture. limited to a flood, hurricane, freeze, earth- sons or property arising from the ownership, ‘‘(II) 4 representatives of agricultural quake, fire, drought, plant or animal disease operation, or causing to be operated, of any workers and 1 representative of the Depart- or pest infestation, or regulatory drought, vehicle used to transport any H–2A worker. before the guarantee in subparagraph (A) is ment of Labor, each appointed by the Sec- ‘‘(ii) AMOUNT OF INSURANCE REQUIRED.—The fulfilled, the employer may terminate the retary of Labor. level of insurance required shall be deter- worker’s employment. In the event of such ‘‘(iii) FUNCTIONS.—The Commission shall mined by the Secretary of Labor pursuant to termination, the employer shall fulfill the conduct a study that shall address— regulations to be issued under this sub- employment guarantee in subparagraph (A) ‘‘(I) whether the employment of H–2A or section. for the work days that have elapsed from the unauthorized aliens in the United States ag- ‘‘(iii) EFFECT OF WORKERS’ COMPENSATION first work day after the arrival of the worker ricultural workforce has depressed United COVERAGE.—If the employer of any H–2A to the termination of employment. In such States farm worker wages below the levels worker provides workers’ compensation cov- cases, the employer will make efforts to erage for such worker in the case of bodily that would otherwise have prevailed if alien transfer the United States worker to other farm workers had not been employed in the injury or death as provided by State law, the comparable employment acceptable to the following adjustments in the requirements of United States; worker. If such transfer is not effected, the ‘‘(II) whether an adverse effect wage rate is subparagraph (B)(i)(III) relating to having an employer shall provide the return transpor- insurance policy or liability bond apply: necessary to prevent wages of United States tation required in paragraph (2)(D). farm workers in occupations in which H–2A ‘‘(I) No insurance policy or liability bond ‘‘(5) MOTOR VEHICLE SAFETY.— shall be required of the employer, if such workers are employed from falling below the ‘‘(A) MODE OF TRANSPORTATION SUBJECT TO wage levels that would have prevailed in the workers are transported only under cir- COVERAGE.— cumstances for which there is coverage absence of the employment of H–2A workers ‘‘(i) IN GENERAL.—Except as provided in under such State law. in those occupations; clauses (iii) and (iv), this subsection applies ‘‘(II) An insurance policy or liability bond ‘‘(III) whether alternative wage standards, to any H–2A employer that uses or causes to shall be required of the employer for cir- such as a prevailing wage standard, would be be used any vehicle to transport an H–2A cumstances under which coverage for the sufficient to prevent wages in occupations in worker within the United States. transportation of such workers is not pro- which H–2A workers are employed from fall- ‘‘(ii) DEFINED TERM.—In this paragraph, the vided under such State law. ing below the wage level that would have term ‘uses or causes to be used’— prevailed in the absence of H–2A employ- ‘‘(c) COMPLIANCE WITH LABOR LAWS.—An ‘‘(I) applies only to transportation pro- employer shall assure that, except as other- ment; vided by an H–2A employer to an H–2A work- ‘‘(IV) whether any changes are warranted wise provided in this section, the employer er, or by a farm labor contractor to an H–2A will comply with all applicable Federal, in the current methodologies for calculating worker at the request or direction of an H–2A the adverse effect wage rate and the pre- State, and local labor laws, including laws employer; and affecting migrant and seasonal agricultural vailing wage rate; and ‘‘(II) does not apply to— ‘‘(V) recommendations for future wage pro- workers, with respect to all United States ‘‘(aa) transportation provided, or transpor- workers and alien workers employed by the tection under this section. tation arrangements made, by an H–2A employer, except that a violation of this as- ‘‘(iv) FINAL REPORT.—Not later than De- worker, unless the employer specifically re- surance shall not constitute a violation of cember 31, 2008, the Commission shall submit quested or arranged such transportation; or the Migrant and Seasonal Agricultural a report to the Congress setting forth the ‘‘(bb) car pooling arrangements made by H– Worker Protection Act (29 U.S.C. 1801 et findings of the study conducted under clause 2A workers themselves, using 1 of the work- seq.). (iii). ers’ own vehicles, unless specifically re- ‘‘(d) COPY OF JOB OFFER.—The employer ‘‘(v) TERMINATION DATE.—The Commission quested by the employer directly or through shall provide to the worker, not later than shall terminate upon submitting its final re- a farm labor contractor. the day the work commences, a copy of the port. ‘‘(iii) CLARIFICATION.—Providing a job offer employer’s application and job offer de- ‘‘(4) GUARANTEE OF EMPLOYMENT.— to an H–2A worker that causes the worker to scribed in section 218(a), or, if the employer ‘‘(A) OFFER TO WORKER.—The employer travel to or from the place of employment, will require the worker to enter into a sepa- shall guarantee to offer the worker employ- or the payment or reimbursement of the rate employment contract covering the em- ment for the hourly equivalent of at least transportation costs of an H–2A worker by ployment in question, such separate employ- three-fourths of the work days of the total an H–2A employer, shall not constitute an ment contract. period of employment, beginning with the arrangement of, or participation in, such ‘‘(e) RANGE PRODUCTION OF LIVESTOCK.— first work day after the arrival of the worker transportation. Nothing in this section, section 218, or sec- at the place of employment and ending on ‘‘(iv) AGRICULTURAL MACHINERY AND EQUIP- tion 218F shall preclude the Secretary of the expiration date specified in the job offer. MENT EXCLUDED.—This subsection does not Labor and the Secretary from continuing to For purposes of this subparagraph, the hour- apply to the transportation of an H–2A work- apply special procedures and requirements to ly equivalent means the number of hours in er on a tractor, combine, harvester, picker, the admission and employment of aliens in the work days as stated in the job offer and or other similar machinery or equipment occupations involving the range production shall exclude the worker’s Sabbath and Fed- while such worker is actually engaged in the of livestock. eral holidays. If the employer affords the planting, cultivating, or harvesting of agri- ‘‘SEC. 218F. PROCEDURE FOR ADMISSION AND EX- United States or H–2A worker less employ- cultural commodities or the care of live- TENSION OF STAY OF H–2A WORK- ment than that required under this para- stock or poultry or engaged in transpor- ERS. graph, the employer shall pay such worker tation incidental thereto. ‘‘(a) PETITIONING FOR ADMISSION.—An em- the amount which the worker would have ‘‘(v) COMMON CARRIERS EXCLUDED.—This ployer, or an association acting as an agent earned had the worker, in fact, worked for subsection does not apply to common carrier or joint employer for its members, that the guaranteed number of hours. motor vehicle transportation in which the seeks the admission into the United States ‘‘(B) FAILURE TO WORK.—Any hours which provider holds itself out to the general pub- of an H–2A worker may file a petition with the worker fails to work, up to a maximum lic as engaging in the transportation of pas- the Secretary. The petition shall be accom- of the number of hours specified in the job sengers for hire and holds a valid certifi- panied by an accepted and currently valid offer for a work day, when the worker has cation of authorization for such purposes certification provided by the Secretary of been offered an opportunity to do so, and all from an appropriate Federal, State, or local Labor under section 218(e)(2)(B) covering the hours of work actually performed (including agency. petitioner. voluntary work in excess of the number of ‘‘(B) APPLICABILITY OF STANDARDS, LICENS- ‘‘(b) EXPEDITED ADJUDICATION BY THE SEC- hours specified in the job offer in a work day, ING, AND INSURANCE REQUIREMENTS.— RETARY.—The Secretary shall establish a on the worker’s Sabbath, or on Federal holi- ‘‘(i) IN GENERAL.—When using, or causing procedure for expedited adjudication of peti- days) may be counted by the employer in to be used, any vehicle for the purpose of tions filed under subsection (a) and within 7

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working days shall, by fax, cable, or other ‘‘(2) REPORT BY EMPLOYER.—The employer, ‘‘(B) to a date that is more than 3 years means assuring expedited delivery, transmit or association acting as agent for the em- after the date of the alien’s last admission to a copy of notice of action on the petition to ployer, shall notify the Secretary not later the United States under this section. the petitioner and, in the case of approved than 7 days after an H–2A worker pre- ‘‘(3) WORK AUTHORIZATION UPON FILING A PE- petitions, to the appropriate immigration of- maturely abandons employment. TITION FOR EXTENSION OF STAY.— ficer at the port of entry or United States ‘‘(3) REMOVAL BY THE SECRETARY.—The Sec- ‘‘(A) IN GENERAL.—An alien who is lawfully consulate (as the case may be) where the pe- retary shall promptly remove from the present in the United States may commence titioner has indicated that the alien bene- United States any H–2A worker who violates the employment described in a petition ficiary (or beneficiaries) will apply for a visa any term or condition of the worker’s non- under paragraph (1) on the date on which the or admission to the United States. immigrant status. petition is filed. ‘‘(c) CRITERIA FOR ADMISSIBILITY.— ‘‘(4) VOLUNTARY TERMINATION.—Notwith- ‘‘(B) DEFINITION.—For purposes of subpara- ‘‘(1) IN GENERAL.—An H–2A worker shall be standing paragraph (1), an alien may volun- graph (A), the term ‘file’ means sending the considered admissible to the United States if tarily terminate his or her employment if petition by certified mail via the United the alien is otherwise admissible under this the alien promptly departs the United States States Postal Service, return receipt re- section, section 218, and section 218E, and the upon termination of such employment. quested, or delivered by guaranteed commer- cial delivery which will provide the employer alien is not ineligible under paragraph (2). ‘‘(f) REPLACEMENT OF ALIEN.— with a documented acknowledgment of the ‘‘(2) DISQUALIFICATION.—An alien shall be ‘‘(1) IN GENERAL.—Upon presentation of the considered inadmissible to the United States notice to the Secretary required by sub- date of receipt of the petition. and ineligible for nonimmigrant status under section (e)(2), the Secretary of State shall ‘‘(C) HANDLING OF PETITION.—The employer section 101(a)(15)(H)(ii)(a) if the alien has, at promptly issue a visa to, and the Secretary shall provide a copy of the employer’s peti- any time during the past 5 years— shall admit into the United States, an eligi- tion to the alien, who shall keep the petition ‘‘(A) violated a material provision of this ble alien designated by the employer to re- with the alien’s identification and employ- section, including the requirement to place an H–2A worker— ment eligibility document as evidence that promptly depart the United States when the ‘‘(A) who abandons or prematurely termi- the petition has been filed and that the alien alien’s authorized period of admission under nates employment; or is authorized to work in the United States. this section has expired; or ‘‘(B) whose employment is terminated ‘‘(D) APPROVAL OF PETITION.—Upon ap- ‘‘(B) otherwise violated a term or condition after a United States worker is employed proval of a petition for an extension of stay of admission into the United States as a non- pursuant to section 218(b)(2)(H)(iii), if the or change in the alien’s authorized employ- immigrant, including overstaying the period United States worker voluntarily departs be- ment, the Secretary shall provide a new or of authorized admission as such a non- fore the end of the period of intended em- updated employment eligibility document to immigrant. ployment or if the employment termination the alien indicating the new validity date, ‘‘(3) WAIVER OF INELIGIBILITY FOR UNLAW- is for a lawful job-related reason. after which the alien is not required to re- tain a copy of the petition. FUL PRESENCE.— ‘‘(2) CONSTRUCTION.—Nothing in this sub- ‘‘(A) IN GENERAL.—An alien who has not section is intended to limit any preference ‘‘(4) LIMITATION ON EMPLOYMENT AUTHOR- previously been admitted into the United required to be accorded United States work- IZATION OF ALIENS WITHOUT VALID IDENTIFICA- States pursuant to this section, and who is ers under any other provision of this Act. TION AND EMPLOYMENT ELIGIBILITY DOCU- otherwise eligible for admission in accord- MENT.—An expired identification and em- ance with paragraphs (1) and (2), shall not be ‘‘(g) IDENTIFICATION DOCUMENT.— ployment eligibility document, together deemed inadmissible by virtue of section ‘‘(1) IN GENERAL.—Each alien authorized to with a copy of a petition for extension of 212(a)(9)(B). If an alien described in the pre- be admitted under section 101(a)(15)(H)(ii)(a) stay or change in the alien’s authorized em- ceding sentence is present in the United shall be provided an identification and em- ployment that complies with the require- States, the alien may apply from abroad for ployment eligibility document to verify eli- ments of paragraph (1), shall constitute a H–2A status, but may not be granted that gibility for employment in the United States valid work authorization document for a pe- status in the United States. and verify such person’s proper identity. riod of not more than 60 days beginning on ‘‘(B) MAINTENANCE OF WAIVER.—An alien ‘‘(2) REQUIREMENTS.—No identification and the date on which such petition is filed, after provided an initial waiver of ineligibility employment eligibility document may be which time only a currently valid identifica- pursuant to subparagraph (A) shall remain issued which does not meet the following re- tion and employment eligibility document eligible for such waiver unless the alien vio- quirements: shall be acceptable. lates the terms of this section or again be- ‘‘(A) The document shall be capable of reli- ‘‘(5) LIMITATION ON AN INDIVIDUAL’S STAY IN comes ineligible under section 212(a)(9)(B) by ably determining whether— STATUS.— virtue of unlawful presence in the United ‘‘(i) the individual with the identification ‘‘(A) MAXIMUM PERIOD.—The maximum States after the date of the initial waiver of and employment eligibility document whose continuous period of authorized status as an ineligibility pursuant to subparagraph (A). eligibility is being verified is in fact eligible H–2A worker (including any extensions) is 3 for employment; ‘‘(d) PERIOD OF ADMISSION.— years. ‘‘(ii) the individual whose eligibility is ‘‘(1) IN GENERAL.—The alien shall be admit- ‘‘(B) REQUIREMENT TO REMAIN OUTSIDE THE ted for the period of employment in the ap- being verified is claiming the identity of an- UNITED STATES.— plication certified by the Secretary of Labor other person; and ‘‘(i) IN GENERAL.—Subject to clause (ii), in pursuant to section 218(e)(2)(B), not to ex- ‘‘(iii) the individual whose eligibility is the case of an alien outside the United ceed 10 months, supplemented by a period of being verified is authorized to be admitted States whose period of authorized status as not more than 1 week before the beginning of into, and employed in, the United States as an H–2A worker (including any extensions) the period of employment for the purpose of an H–2A worker. has expired, the alien may not again apply travel to the work site and a period of 14 ‘‘(B) The document shall be in a form that for admission to the United States as an H– days following the period of employment for is resistant to counterfeiting and to tam- 2A worker unless the alien has remained out- the purpose of departure or extension based pering. side the United States for a continuous pe- on a subsequent offer of employment, except ‘‘(C) The document shall— riod equal to at least 1⁄5 the duration of the that— ‘‘(i) be compatible with other databases of alien’s previous period of authorized status ‘‘(A) the alien is not authorized to be em- the Secretary for the purpose of excluding as an H–2A worker (including any exten- ployed during such 14-day period except in aliens from benefits for which they are not sions). the employment for which the alien was pre- eligible and determining whether the alien is ‘‘(ii) EXCEPTION.—Clause (i) shall not apply viously authorized; and unlawfully present in the United States; and in the case of an alien if the alien’s period of ‘‘(B) the total period of employment, in- ‘‘(ii) be compatible with law enforcement authorized status as an H–2A worker (includ- cluding such 14-day period, may not exceed databases to determine if the alien has been ing any extensions) was for a period of not 10 months. convicted of criminal offenses. more than 10 months and such alien has been ‘‘(2) CONSTRUCTION.—Nothing in this sub- ‘‘(h) EXTENSION OF STAY OF H–2A ALIENS IN outside the United States for at least 2 section shall limit the authority of the Sec- THE UNITED STATES.— months during the 12 months preceding the retary to extend the stay of the alien under ‘‘(1) EXTENSION OF STAY.—If an employer date the alien again is applying for admis- any other provision of this Act. seeks approval to employ an H–2A alien who sion to the United States as an H–2A worker. ‘‘(e) ABANDONMENT OF EMPLOYMENT.— is lawfully present in the United States, the ‘‘(i) SPECIAL RULES FOR ALIENS EMPLOYED ‘‘(1) IN GENERAL.—An alien admitted or petition filed by the employer or an associa- AS SHEEPHERDERS, GOAT HERDERS, OR DAIRY provided status under section tion pursuant to subsection (a), shall request WORKERS.—Notwithstanding any provision of 101(a)(15)(H)(ii)(a) who abandons the employ- an extension of the alien’s stay and a change the Agricultural Job Opportunities, Benefits, ment which was the basis for such admission in the alien’s employment. and Security Act of 2006, an alien admitted or status shall be considered to have failed ‘‘(2) LIMITATION ON FILING A PETITION FOR under section 101(a)(15)(H)(ii)(a) for employ- to maintain nonimmigrant status as an H–2A EXTENSION OF STAY.—A petition may not be ment as a sheepherder, goat herder, or dairy worker and shall depart the United States or filed for an extension of an alien’s stay— worker— be subject to removal under section ‘‘(A) for a period of more than 10 months; ‘‘(1) may be admitted for an initial period 237(a)(1)(C)(i). or of 12 months;

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00111 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9970 CONGRESSIONAL RECORD — SENATE September 21, 2006 ‘‘(2) subject to subsection (j)(5), may have (C), (D), (E), or (H). If the Secretary of Labor after notice and opportunity for a hearing, such initial period of admission extended for determines that such a reasonable basis ex- that the employer has failed to pay the a period of up to 3 years; and ists, the Secretary of Labor shall provide for wages, or provide the housing allowance, ‘‘(3) shall not be subject to the require- notice of such determination to the inter- transportation, subsistence reimbursement, ments of subsection (h)(5) (relating to peri- ested parties and an opportunity for a hear- or guarantee of employment, required under ods of absence from the United States). ing on the complaint, in accordance with section 218E(b), the Secretary of Labor shall ‘‘(j) ADJUSTMENT TO LAWFUL PERMANENT section 556 of title 5, United States Code, assess payment of back wages, or other re- RESIDENT STATUS FOR ALIENS EMPLOYED AS within 60 days after the date of the deter- quired benefits, due any United States work- SHEEPHERDERS, GOAT HERDERS, OR DAIRY mination. If such a hearing is requested, the er or H–2A worker employed by the employer WORKERS.— Secretary of Labor shall make a finding con- in the specific employment in question. The ‘‘(1) ELIGIBLE ALIEN.—For purposes of this cerning the matter not later than 60 days back wages or other required benefits under subsection, the term ‘eligible alien’ means after the date of the hearing. In the case of section 218E(b) shall be equal to the dif- an alien— similar complaints respecting the same ap- ference between the amount that should ‘‘(A) having nonimmigrant status under plicant, the Secretary of Labor may consoli- have been paid and the amount that actually section 101(a)(15)(H)(ii)(a) based on employ- date the hearings under this subparagraph was paid to such worker. ment as a sheepherder, goat herder, or dairy on such complaints. ‘‘(2) STATUTORY CONSTRUCTION.—Nothing in worker; ‘‘(C) FAILURES TO MEET CONDITIONS.—If the this section shall be construed as limiting ‘‘(B) who has maintained such non- Secretary of Labor finds, after notice and op- the authority of the Secretary of Labor to immigrant status in the United States for a portunity for a hearing, a failure to meet a conduct any compliance investigation under cumulative total of 36 months (excluding any condition of paragraph (1)(A), (1)(B), (1)(D), any other labor law, including any law af- period of absence from the United States); (1)(F), (2)(A), (2)(B), or (2)(G) of section fecting migrant and seasonal agricultural and 218(b), a substantial failure to meet a condi- workers, or, in the absence of a complaint ‘‘(C) who is seeking to receive an immi- tion of paragraph (1)(C), (1)(E), (2)(C), (2)(D), under this section, under section 218 or 218E. grant visa under section 203(b)(3)(A)(iii). (2)(E), or (2)(H) of section 218(b), or a mate- ‘‘(b) RIGHTS ENFORCEABLE BY PRIVATE ‘‘(2) CLASSIFICATION PETITION.—In the case rial misrepresentation of fact in an applica- RIGHT OF ACTION.—H–2A workers may en- of an eligible alien, the petition under sec- tion under section 218(a)— force the following rights through the pri- tion 204 for classification under section ‘‘(i) the Secretary of Labor shall notify the vate right of action provided in subsection 203(b)(3)(A)(iii) may be filed by— Secretary of such finding and may, in addi- (c), and no other right of action shall exist ‘‘(A) the alien’s employer on behalf of an tion, impose such other administrative rem- under Federal or State law to enforce such eligible alien; or edies (including civil money penalties in an rights: ‘‘(B) the eligible alien. amount not to exceed $1,000 per violation) as ‘‘(1) The providing of housing or a housing ‘‘(3) NO LABOR CERTIFICATION REQUIRED.— the Secretary of Labor determines to be ap- allowance as required under section Notwithstanding section 203(b)((3)(C), no de- propriate; and 218E(b)(1). termination under section 212(a)(5)(A) is re- ‘‘(ii) the Secretary may disqualify the em- ‘‘(2) The reimbursement of transportation quired with respect to an immigrant visa de- ployer from the employment of aliens de- as required under section 218E(b)(2). scribed in paragraph (1)(C) for an eligible scribed in section 101(a)(15)(H)(ii)(a) for a pe- ‘‘(3) The payment of wages required under alien. riod of 1 year. section 218E(b)(3) when due. ‘‘(4) EFFECT OF PETITION.—The filing of a ‘‘(D) WILLFUL FAILURES AND WILLFUL MIS- ‘‘(4) The benefits and material terms and petition described in paragraph (2) or an ap- REPRESENTATIONS.—If the Secretary of Labor conditions of employment expressly provided plication for adjustment of status based on finds, after notice and opportunity for hear- in the job offer described in section 218(a)(2), the approval of such a petition, shall not ing, a willful failure to meet a condition of not including the assurance to comply with constitute evidence of an alien’s ineligibility section 218(b), a willful misrepresentation of other Federal, State, and local labor laws de- for nonimmigrant status under section a material fact in an application under sec- scribed in section 218E(c), compliance with 101(a)(15)(H)(ii)(a). tion 218(a), or a violation of subsection which shall be governed by the provisions of ‘‘(5) EXTENSION OF STAY.—The Secretary of (d)(1)— such laws. Homeland Security shall extend the stay of ‘‘(i) the Secretary of Labor shall notify the ‘‘(5) The guarantee of employment required an eligible alien having a pending or ap- Secretary of such finding and may, in addi- under section 218E(b)(4). proved classification petition described in tion, impose such other administrative rem- ‘‘(6) The motor vehicle safety requirements paragraph (2) in 1-year increments until a edies (including civil money penalties in an under section 218E(b)(5). final determination is made on the alien’s amount not to exceed $5,000 per violation) as ‘‘(7) The prohibition of discrimination eligibility for adjustment of status to that of the Secretary of Labor determines to be ap- under subsection (d)(2). an alien lawfully admitted for permanent propriate; ‘‘(c) PRIVATE RIGHT OF ACTION.— residence. ‘‘(ii) the Secretary of Labor may seek ap- ‘‘(1) MEDIATION.—Upon the filing of a com- ‘‘(6) CONSTRUCTION.—Nothing in this sub- propriate legal or equitable relief to effec- plaint by an H–2A worker aggrieved by a vio- section shall be construed to prevent an eli- tuate the purposes of subsection (d)(1); and lation of rights enforceable under subsection gible alien from seeking adjustment of sta- ‘‘(iii) the Secretary may disqualify the em- (b), and within 60 days of the filing of proof tus in accordance with any other provision ployer from the employment of H–2A work- of service of the complaint, a party to the of law. ers for a period of 2 years. action may file a request with the Federal ‘‘SEC. 218G. WORKER PROTECTIONS AND LABOR ‘‘(E) DISPLACEMENT OF UNITED STATES Mediation and Conciliation Service to assist STANDARDS ENFORCEMENT. WORKERS.—If the Secretary of Labor finds, the parties in reaching a satisfactory resolu- ‘‘(a) ENFORCEMENT AUTHORITY.— after notice and opportunity for hearing, a tion of all issues involving all parties to the ‘‘(1) INVESTIGATION OF COMPLAINTS.— willful failure to meet a condition of section dispute. Upon a filing of such request and ‘‘(A) AGGRIEVED PERSON OR THIRD-PARTY 218(b) or a willful misrepresentation of a ma- giving of notice to the parties, the parties COMPLAINTS.—The Secretary of Labor shall terial fact in an application under section shall attempt mediation within the period establish a process for the receipt, investiga- 218(a), in the course of which failure or mis- specified in subparagraph (B). tion, and disposition of complaints respect- representation the employer displaced a ‘‘(A) MEDIATION SERVICES.—The Federal ing a petitioner’s failure to meet a condition United States worker employed by the em- Mediation and Conciliation Service shall be specified in section 218(b), or an employer’s ployer during the period of employment on available to assist in resolving disputes aris- misrepresentation of material facts in an ap- the employer’s application under section ing under subsection (b) between H–2A work- plication under section 218(a). Complaints 218(a) or during the period of 30 days pre- ers and agricultural employers without may be filed by any aggrieved person or or- ceding such period of employment— charge to the parties. ganization (including bargaining representa- ‘‘(i) the Secretary of Labor shall notify the ‘‘(B) 90-DAY LIMIT.—The Federal Mediation tives). No investigation or hearing shall be Secretary of such finding and may, in addi- and Conciliation Service may conduct medi- conducted on a complaint concerning such a tion, impose such other administrative rem- ation or other non-binding dispute resolution failure or misrepresentation unless the com- edies (including civil money penalties in an activities for a period not to exceed 90 days plaint was filed not later than 12 months amount not to exceed $15,000 per violation) beginning on the date on which the Federal after the date of the failure, or misrepresen- as the Secretary of Labor determines to be Mediation and Conciliation Service receives tation, respectively. The Secretary of Labor appropriate; and the request for assistance unless the parties shall conduct an investigation under this ‘‘(ii) the Secretary may disqualify the em- agree to an extension of this period of time. subparagraph if there is reasonable cause to ployer from the employment of H–2A work- ‘‘(C) AUTHORIZATION.— believe that such a failure or misrepresenta- ers for a period of 3 years. ‘‘(i) IN GENERAL.—Subject to clause (ii), tion has occurred. ‘‘(F) LIMITATIONS ON CIVIL MONEY PEN- there are authorized to be appropriated to ‘‘(B) DETERMINATION ON COMPLAINT.—Under ALTIES.—The Secretary of Labor shall not the Federal Mediation and Conciliation such process, the Secretary of Labor shall impose total civil money penalties with re- Service $500,000 for each fiscal year to carry provide, within 30 days after the date such a spect to an application under section 218(a) out this section. complaint is filed, for a determination as to in excess of $90,000. ‘‘(ii) MEDIATION.—Notwithstanding any whether or not a reasonable basis exists to ‘‘(G) FAILURES TO PAY WAGES OR REQUIRED other provision of law, the Director of the make a finding described in subparagraph BENEFITS.—If the Secretary of Labor finds, Federal Mediation and Conciliation Service

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00112 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9971 is authorized to conduct the mediation or the statute of limitations for bringing an ac- though the employer had filed the applica- other dispute resolution activities from any tion for actual damages for such injury or tion itself. If such an employer is deter- other appropriated funds available to the Di- death under subsection (c) shall be tolled for mined, under this section, to have com- rector and to reimburse such appropriated the period during which the claim for such mitted a violation, the penalty for such vio- funds when the funds are appropriated pursu- injury or death under such State workers’ lation shall apply only to that member of ant to this authorization, such reimburse- compensation law was pending. The statute the association unless the Secretary of ment to be credited to appropriations cur- of limitations for an action for actual dam- Labor determines that the association or rently available at the time of receipt. ages or other equitable relief arising out of other member participated in, had knowl- ‘‘(2) MAINTENANCE OF CIVIL ACTION IN DIS- the same transaction or occurrence as the edge, or reason to know, of the violation, in TRICT COURT BY AGGRIEVED PERSON.—An H–2A injury or death of the H–2A worker shall be which case the penalty shall be invoked worker aggrieved by a violation of rights en- tolled for the period during which the claim against the association or other association forceable under subsection (b) by an agricul- for such injury or death was pending under member as well. tural employer or other person may file suit the State workers’ compensation law. ‘‘(2) VIOLATIONS BY AN ASSOCIATION ACTING in any district court of the United States ‘‘(9) PRECLUSIVE EFFECT.—Any settlement AS AN EMPLOYER.—If an association filing an having jurisdiction of the parties, without by an H–2A worker and an H–2A employer or application as a sole or joint employer is de- regard to the amount in controversy, with- any person reached through the mediation termined to have committed a violation out regard to the citizenship of the parties, process required under subsection (c)(1) shall under this section, the penalty for such vio- and without regard to the exhaustion of any preclude any right of action arising out of lation shall apply only to the association un- alternative administrative remedies under the same facts between the parties in any less the Secretary of Labor determines that this Act, not later than 3 years after the date Federal or State court or administrative pro- an association member or members partici- the violation occurs. ceeding, unless specifically provided other- pated in or had knowledge, or reason to ‘‘(3) ELECTION.—An H–2A worker who has wise in the settlement agreement. know of the violation, in which case the pen- filed an administrative complaint with the ‘‘(10) SETTLEMENTS.—Any settlement by alty shall be invoked against the association Secretary of Labor may not maintain a civil the Secretary of Labor with an H–2A em- member or members as well. action under paragraph (2) unless a com- ployer on behalf of an H–2A worker of a com- ‘‘SEC. 218H. DEFINITIONS. plaint based on the same violation filed with plaint filed with the Secretary of Labor ‘‘For purposes of this section, section 218, the Secretary of Labor under subsection under this section or any finding by the Sec- and sections 218E through 218G: (a)(1) is withdrawn before the filing of such retary of Labor under subsection (a)(1)(B) ‘‘(1) AGRICULTURAL EMPLOYMENT.—The action, in which case the rights and remedies shall preclude any right of action arising out term ‘agricultural employment’ means any available under this subsection shall be ex- of the same facts between the parties under service or activity that is considered to be clusive. any Federal or State court or administrative agricultural under section 3(f) of the Fair ‘‘(4) PREEMPTION OF STATE CONTRACT proceeding, unless specifically provided oth- Labor Standards Act of 1938 (29 U.S.C. 203(f)) RIGHTS.—Nothing in this Act shall be con- erwise in the settlement agreement. or agricultural labor under section 3121(g) of strued to diminish the rights and remedies of ‘‘(d) DISCRIMINATION PROHIBITED.— the Internal Revenue Code of 1986 (26 U.S.C. an H–2A worker under any other Federal or ‘‘(1) IN GENERAL.—It is a violation of this 3121(g)). For purposes of this paragraph, agri- State law or regulation or under any collec- subsection for any person who has filed an cultural employment includes employment tive bargaining agreement, except that no application under section 218(a), to intimi- under section 101(a)(15)(H)(ii)(a). court or administrative action shall be avail- date, threaten, restrain, coerce, blacklist, ‘‘(2) BONA FIDE UNION.—The term ‘bona fide able under any State contract law to enforce discharge, or in any other manner discrimi- union’ means any organization in which em- the rights created by this Act. nate against an employee (which term, for ployees participate and which exists for the ‘‘(5) WAIVER OF RIGHTS PROHIBITED.—Agree- purposes of this subsection, includes a purpose of dealing with employers con- ments by employees purporting to waive or former employee and an applicant for em- cerning grievances, labor disputes, wages, modify their rights under this Act shall be ployment) because the employee has dis- rates of pay, hours of employment, or other void as contrary to public policy, except that closed information to the employer, or to terms and conditions of work for agricul- a waiver or modification of the rights or ob- any other person, that the employee reason- tural employees. Such term does not include ligations in favor of the Secretary of Labor ably believes evidences a violation of section an organization formed, created, adminis- shall be valid for purposes of the enforce- 218 or 218E or any rule or regulation per- tered, supported, dominated, financed, or ment of this Act. The preceding sentence taining to section 218 or 218E, or because the controlled by an employer or employer asso- may not be construed to prohibit agreements employee cooperates or seeks to cooperate in ciation or its agents or representatives. to settle private disputes or litigation. an investigation or other proceeding con- ‘‘(3) DISPLACE.—The term ‘displace’, in the ‘‘(6) AWARD OF DAMAGES OR OTHER EQUI- cerning the employer’s compliance with the case of an application with respect to 1 or TABLE RELIEF.— requirements of section 218 or 218E or any more H–2A workers by an employer, means ‘‘(A) If the court finds that the respondent rule or regulation pertaining to either of laying off a United States worker from a job has intentionally violated any of the rights such sections. enforceable under subsection (b), it shall for which the H–2A worker or workers is or ‘‘(2) DISCRIMINATION AGAINST H–2A WORK- award actual damages, if any, or equitable are sought. ERS.—It is a violation of this subsection for ‘‘(4) ELIGIBLE.—The term ‘eligible’, when relief. any person who has filed an application used with respect to an individual, means an ‘‘(B) Any civil action brought under this under section 218(a), to intimidate, threaten, individual who is not an unauthorized alien section shall be subject to appeal as provided restrain, coerce, blacklist, discharge, or in (as defined in section 274A). in chapter 83 of title 28, United States Code. any manner discriminate against an H–2A ‘‘(7) WORKERS’ COMPENSATION BENEFITS; EX- ‘‘(5) EMPLOYER.—The term ‘employer’ employee because such worker has, with just CLUSIVE REMEDY.— means any person or entity, including any cause, filed a complaint with the Secretary ‘‘(A) Notwithstanding any other provision farm labor contractor and any agricultural of Labor regarding a denial of the rights enu- of this section, where a State’s workers’ association, that employs workers in agri- merated and enforceable under subsection (b) compensation law is applicable and coverage cultural employment. or instituted, or caused to be instituted, a is provided for an H–2A worker, the workers’ ‘‘(6) H–2A EMPLOYER.—The term ‘H–2A em- private right of action under subsection (c) compensation benefits shall be the exclusive ployer’ means an employer who seeks to hire regarding the denial of the rights enumer- remedy for the loss of such worker under 1 or more nonimmigrant aliens described in ated under subsection (b), or has testified or this section in the case of bodily injury or section 101(a)(15)(H)(ii)(a). is about to testify in any court proceeding death in accordance with such State’s work- ‘‘(7) H–2A WORKER.—The term ‘H–2A work- brought under subsection (c). ers’ compensation law. ‘‘(e) AUTHORIZATION TO SEEK OTHER APPRO- er’ means a nonimmigrant described in sec- ‘‘(B) The exclusive remedy prescribed in PRIATE EMPLOYMENT.—The Secretary of tion 101(a)(15)(H)(ii)(a). subparagraph (A) precludes the recovery Labor and the Secretary shall establish a ‘‘(8) JOB OPPORTUNITY.—The term ‘job op- under paragraph (6) of actual damages for process under which an H–2A worker who portunity’ means a job opening for tem- loss from an injury or death but does not files a complaint regarding a violation of porary full-time employment at a place in preclude other equitable relief, except that subsection (d) and is otherwise eligible to re- the United States to which United States such relief shall not include back or front main and work in the United States may be workers can be referred. pay or in any manner, directly or indirectly, allowed to seek other appropriate employ- ‘‘(9) LAYS OFF.— expand or otherwise alter or affect— ment in the United States for a period not to ‘‘(A) IN GENERAL.—The term ‘lays off’, with ‘‘(i) a recovery under a State workers’ exceed the maximum period of stay author- respect to a worker— compensation law; or ized for such nonimmigrant classification. ‘‘(i) means to cause the worker’s loss of ‘‘(ii) rights conferred under a State work- ‘‘(f) ROLE OF ASSOCIATIONS.— employment, other than through a discharge ers’ compensation law. ‘‘(1) VIOLATION BY A MEMBER OF AN ASSOCIA- for inadequate performance, violation of ‘‘(8) TOLLING OF STATUTE OF LIMITATIONS.— TION.—An employer on whose behalf an ap- workplace rules, cause, voluntary departure, If it is determined under a State workers’ plication is filed by an association acting as voluntary retirement, contract impossibility compensation law that the workers’ com- its agent is fully responsible for such appli- (as described in section 218E(b)(4)(D)), or pensation law is not applicable to a claim for cation, and for complying with the terms temporary layoffs due to weather, markets, bodily injury or death of an H–2A worker, and conditions of sections 218 and 218E, as or other temporary conditions; but

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00113 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9972 CONGRESSIONAL RECORD — SENATE September 21, 2006 ‘‘(ii) does not include any situation in cation of eligible employers, the issuance of SEC. 619. EFFECTIVE DATE. which the worker is offered, as an alter- documentation, and the admission of eligible (a) IN GENERAL.—Except as otherwise pro- native to such loss of employment, a similar aliens. vided, sections 615 and 616 shall take effect 1 employment opportunity with the same em- (2) PROCEDURE.— year after the date of the enactment of this ployer (or, in the case of a placement of a (A) IN GENERAL.—In establishing and ad- Act. worker with another employer under section justing such a schedule, the Secretary shall (b) REPORT.—Not later than 180 days after 218(b)(2)(E), with either employer described comply with Federal cost accounting and fee the date of the enactment of this Act, the in such section) at equivalent or higher com- setting standards. Secretary shall prepare and submit to the pensation and benefits than the position (B) PUBLICATION AND COMMENT.—The Sec- appropriate committees of Congress a report from which the employee was discharged, re- retary shall publish in the Federal Register that describes the measures being taken and gardless of whether or not the employee ac- an initial fee schedule and associated collec- the progress made in implementing this sub- cepts the offer. tion process and the cost data or estimates title. ‘‘(B) STATUTORY CONSTRUCTION.—Nothing upon which such fee schedule is based, and Subtitle C—DREAM Act in this paragraph is intended to limit an em- any subsequent amendments thereto, pursu- SEC. 621. SHORT TITLE. ployee’s rights under a collective bargaining ant to which public comment shall be sought This subtitle may be cited as the ‘‘Develop- agreement or other employment contract. and a final rule issued. ment, Relief, and Education for Alien Minors ‘‘(10) REGULATORY DROUGHT.—The term (c) USE OF PROCEEDS.—Notwithstanding Act of 2006’’ or the ‘‘DREAM Act of 2006’’. ‘regulatory drought’ means a decision subse- any other provision of law, all proceeds re- quent to the filing of the application under sulting from the payment of the alien em- SEC. 622. DEFINITIONS. section 218 by an entity not under the con- ployment user fees shall be available with- In this subtitle: trol of the employer making such filing out further appropriation and shall remain (1) INSTITUTION OF HIGHER EDUCATION.—The which restricts the employer’s access to available without fiscal year limitation to term ‘‘institution of higher education’’ has water for irrigation purposes and reduces or reimburse the Secretary, the Secretary of the meaning given that term in section 101 of limits the employer’s ability to produce an State, and the Secretary of Labor for the the Higher Education Act of 1965 (20 U.S.C. agricultural commodity, thereby reducing costs of carrying out sections 218 and 218F of 1001). the need for labor. the Immigration and Nationality Act, as (2) UNIFORMED SERVICES.—The term ‘‘uni- ‘‘(11) SEASONAL.—Labor is performed on a added by section 615 of this Act, and the pro- formed services’’ has the meaning given that ‘seasonal’ basis if— visions of this subtitle. term in section 101(a) of title 10, United States Code. ‘‘(A) ordinarily, it pertains to or is of the SEC. 617. REGULATIONS. kind exclusively performed at certain sea- SEC. 623. RESTORATION OF STATE OPTION TO (a) REGULATIONS OF THE SECRETARY.—The sons or periods of the year; and DETERMINE RESIDENCY FOR PUR- Secretary shall consult with the Secretary of ‘‘(B) from its nature, it may not be contin- POSES OF HIGHER EDUCATION BEN- Labor and the Secretary of Agriculture on EFITS. uous or carried on throughout the year. all regulations to implement the duties of (a) IN GENERAL.—Section 505 of the Illegal ‘‘(12) SECRETARY.—The term ‘Secretary’ the Secretary under this subtitle and the Immigration Reform and Immigrant Respon- means the Secretary of Homeland Security. amendments made by this subtitle. sibility Act of 1996 (8 U.S.C. 1623) is repealed. ‘‘(13) TEMPORARY.—A worker is employed (b) EFFECTIVE DATE.—The repeal under on a ‘temporary’ basis where the employ- (b) REGULATIONS OF THE SECRETARY OF subsection (a) shall take effect as if included ment is intended not to exceed 10 months. STATE.—The Secretary of State shall consult in the enactment of the Illegal Immigration ‘‘(14) UNITED STATES WORKER.—The term with the Secretary, the Secretary of Labor, Reform and Immigrant Responsibility Act of ‘United States worker’ means any worker, and the Secretary of Agriculture on all regu- 1996. whether a United States citizen or national, lations to implement the duties of the Sec- a lawfully admitted permanent resident retary of State under this subtitle and the SEC. 624. CANCELLATION OF REMOVAL AND AD- alien, or any other alien, who is authorized amendments made by this subtitle. JUSTMENT OF STATUS OF CERTAIN (c) REGULATIONS OF THE SECRETARY OF LONG-TERM RESIDENTS WHO EN- to work in the job opportunity within the TERED THE UNITED STATES AS LABOR.—The Secretary of Labor shall con- United States, except an alien admitted or CHILDREN. sult with the Secretary of Agriculture and otherwise provided status under section (a) SPECIAL RULE FOR CERTAIN LONG-TERM the Secretary on all regulations to imple- 101(a)(15)(H)(ii)(a).’’. RESIDENTS WHO ENTERED THE UNITED STATES ment the duties of the Secretary of Labor (b) TABLE OF CONTENTS.—The table of con- AS CHILDREN.— under this subtitle and the amendments tents (8 U.S.C. 1101 et seq.) is amended— (1) IN GENERAL.—Notwithstanding any made by this subtitle. (1) by striking the item relating to section other provision of law and except as other- 218 and inserting the following: (d) DEADLINE FOR ISSUANCE OF REGULA- wise provided in this subtitle, the Secretary ‘‘Sec. 218. H–2A employer applications’’ TIONS.—All regulations to implement the du- may cancel removal of, and adjust to the sta- and ties of the Secretary, the Secretary of State, tus of an alien lawfully admitted for perma- (2) by inserting after the item relating to and the Secretary of Labor created under nent residence, subject to the conditional section 218D, as added by section 601 of this sections 218, 218E, 218F, and 218G of the Im- basis described in section 625, an alien who is Act, the following: migration and Nationality Act, as added by inadmissible or deportable from the United section 615 of this Act, shall take effect on ‘‘Sec. 218E. H–2A employment requirements States, if the alien demonstrates that— ‘‘Sec. 218F. Procedure for admission and ex- the effective date of section 615 and shall be (A) the alien has been physically present in tension of stay of H–2A workers issued not later than 1 year after the date of the United States for a continuous period of ‘‘Sec. 218G. Worker protections and labor enactment of this Act. not less than 5 years immediately preceding standards enforcement SEC. 618. REPORT TO CONGRESS. the date of enactment of this Act, and had ‘‘Sec. 218H. Definitions’’. Not later than September 30 of each year, not yet reached the age of 16 years at the CHAPTER 3—MISCELLANEOUS the Secretary shall submit a report to Con- time of initial entry; PROVISIONS gress that identifies, for the previous year— (B) the alien has been a person of good SEC. 616. DETERMINATION AND USE OF USER (1) the number of job opportunities ap- moral character since the time of applica- FEES. proved for employment of aliens admitted tion; (a) SCHEDULE OF FEES.—The Secretary under section 101(a)(15)(H)(ii)(a) of the Immi- (C) the alien— shall establish and periodically adjust a gration and Nationality Act (8 U.S.C. (i) is not inadmissible under paragraph (2), schedule of fees for the employment of aliens 1101(a)(15)(H)(ii)(a)), and the number of work- (3), (6)(B), (6)(C), (6)(E), (6)(F), or (6)(G) of under this subtitle and the amendments ers actually admitted, by State and by occu- section 212(a) of the Immigration and Na- made by this subtitle, and a collection proc- pation; tionality Act (8 U.S.C. 1182(a)), or, if inad- ess for such fees from employers partici- (2) the number of such aliens reported to missible solely under subparagraph (C) or (F) pating in the program provided under this have abandoned employment pursuant to of paragraph (6) of such subsection, the alien subtitle. Such fees shall be the only fees subsection 218F(e)(2) of such Act; was under the age of 16 years at the time the chargeable to employers for services pro- (3) the number of such aliens who departed violation was committed; and vided under this subtitle. the United States within the period specified (ii) is not deportable under paragraph (b) DETERMINATION OF SCHEDULE.— in subsection 218F(d) of such Act; (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), (4), or (1) IN GENERAL.—The schedule under sub- (4) the number of aliens who applied for ad- (6) of section 237(a) of the Immigration and section (a) shall reflect a fee rate based on justment of status pursuant to section 613(a); Nationality Act (8 U.S.C. 1227(a)), or, if de- the number of job opportunities indicated in (5) the number of such aliens whose status portable solely under subparagraphs (C) or the employer’s application under section 218 was adjusted under section 613(a); (D) of paragraph (3) of such subsection, the of the Immigration and Nationality Act, as (6) the number of aliens who applied for alien was under the age of 16 years at the added by section 615 of this Act, and suffi- permanent residence pursuant to section time the violation was committed; cient to provide for the direct costs of pro- 613(c); and (D) the alien, at the time of application, viding services related to an employer’s au- (7) the number of such aliens who were ap- has been admitted to an institution of higher thorization to employ eligible aliens pursu- proved for permanent residence pursuant education in the United States, or has ant to this subtitle, to include the certifi- section 613(c). earned a high school diploma or obtained a

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general education development certificate in (2) NOTICE OF REQUIREMENTS.— determine whether each of the following re- the United States; and (A) AT TIME OF OBTAINING PERMANENT RESI- quirements is met: (E) the alien has never been under a final DENCE.—At the time an alien obtains perma- (A) The alien has demonstrated good moral administrative or judicial order of exclusion, nent resident status on a conditional basis character during the entire period the alien deportation, or removal, unless the alien has under paragraph (1), the Secretary shall pro- has been a conditional permanent resident. remained in the United States under color of vide for notice to the alien regarding the (B) The alien is in compliance with section law or received the order before attaining provisions of this section and the require- 624(a)(1)(C). the age of 16 years. ments of subsection (c) to have the condi- (C) The alien has not abandoned the alien’s (2) WAIVER.—The Secretary may waive the tional basis of such status removed. residence in the United States. The Sec- grounds of ineligibility under section (B) EFFECT OF FAILURE TO PROVIDE NO- retary shall presume that the alien has aban- 212(a)(6) of the Immigration and Nationality TICE.—The failure of the Secretary to pro- doned such residence if the alien is absent Act and the grounds of deportability under vide a notice under this paragraph— from the United States for more than 365 paragraphs (1), (3), and (6) of section 237(a) of (i) shall not affect the enforcement of the days, in the aggregate, during the period of that Act for humanitarian purposes or fam- provisions of this subtitle with respect to the conditional residence, unless the alien dem- ily unity or when it is otherwise in the pub- alien; and onstrates that alien has not abandoned the lic interest. (ii) shall not give rise to any private right alien’s residence. An alien who is absent (3) PROCEDURES.—The Secretary shall pro- of action by the alien. from the United States due to active service vide a procedure by regulation allowing eli- (b) TERMINATION OF STATUS.— in the uniformed services has not abandoned gible individuals to apply affirmatively for (1) IN GENERAL.—The Secretary shall ter- the alien’s residence in the United States the relief available under this subsection minate the conditional permanent resident during the period of such service. without being placed in removal proceedings. status of any alien who obtained such status (D) The alien has completed at least 1 of (b) TERMINATION OF CONTINUOUS PERIOD.— under this subtitle, if the Secretary deter- the following: For purposes of this section, any period of mines that the alien— (i) The alien has acquired a degree from an continuous residence or continuous physical (A) ceases to meet the requirements of sub- institution of higher education in the United presence in the United States of an alien who paragraph (B) or (C) of section 624(a)(1); States or has completed at least 2 years, in applies for cancellation of removal under (B) has become a public charge; or good standing, in a program for a bachelor’s this section shall not terminate when the (C) has received a dishonorable or other degree or higher degree in the United States. alien is served a notice to appear under sec- than honorable discharge from the uni- (ii) The alien has served in the uniformed tion 239(a) of the Immigration and Nation- formed services. services for at least 2 years and, if dis- ality Act (8 U.S.C. 1229(a)). (2) RETURN TO PREVIOUS IMMIGRATION STA- charged, has received an honorable dis- (c) TREATMENT OF CERTAIN BREAKS IN TUS.—Any alien whose conditional perma- charge. PRESENCE.— nent resident status is terminated under (E) The alien has provided a list of all of (1) IN GENERAL.—An alien shall be consid- paragraph (1) shall return to the immigra- the secondary educational institutions that ered to have failed to maintain continuous tion status the alien had immediately prior the alien attended in the United States. physical presence in the United States under to receiving conditional permanent resident (2) HARDSHIP EXCEPTION.— subsection (a) if the alien has departed from status under this subtitle. (A) IN GENERAL.—The Secretary may, in the United States for any period in excess of (c) REQUIREMENTS OF TIMELY PETITION FOR the Secretary’s discretion, remove the condi- 90 days or for any periods in the aggregate REMOVAL OF CONDITION.— tional status of an alien if the alien— exceeding 180 days. (1) IN GENERAL.—In order for the condi- (i) satisfies the requirements of subpara- (2) EXTENSIONS FOR EXCEPTIONAL CIR- tional basis of permanent resident status ob- graphs (A), (B), and (C) of paragraph (1); CUMSTANCES.—The Secretary may extend the tained by an alien under subsection (a) to be (ii) demonstrates compelling cir- time periods described in paragraph (1) if the removed, the alien must file with the Sec- cumstances for the inability to complete the alien demonstrates that the failure to timely retary, in accordance with paragraph (3), a requirements described in paragraph (1)(D); return to the United States was due to ex- petition which requests the removal of such and ceptional circumstances. The exceptional conditional basis and which provides, under (iii) demonstrates that the alien’s removal circumstances determined sufficient to jus- penalty of perjury, the facts and information from the United States would result in ex- tify an extension should be no less compel- so that the Secretary may make the deter- ceptional and extremely unusual hardship to ling than serious illness of the alien, or mination described in paragraph (2)(A). the alien or the alien’s spouse, parent, or death or serious illness of a parent, grand- (2) ADJUDICATION OF PETITION TO REMOVE child who is a citizen or a lawful permanent parent, sibling, or child. CONDITION.— resident of the United States. (d) EXEMPTION FROM NUMERICAL LIMITA- (A) IN GENERAL.—If a petition is filed in ac- (B) EXTENSION.—Upon a showing of good TIONS.—Nothing in this section may be con- cause, the Secretary may extend the period strued to apply a numerical limitation on cordance with paragraph (1) for an alien, the of the conditional resident status for the the number of aliens who may be eligible for Secretary shall make a determination as to purpose of completing the requirements de- cancellation of removal or adjustment of whether the alien meets the requirements scribed in paragraph (1)(D). status under this section. set out in subparagraphs (A) through (E) of (e) TREATMENT OF PERIOD FOR PURPOSES OF (e) REGULATIONS.— subsection (d)(1). NATURALIZATION.—For purposes of title III of (1) PROPOSED REGULATIONS.—Not later than (B) REMOVAL OF CONDITIONAL BASIS IF FA- the Immigration and Nationality Act (8 180 days after the date of enactment of this VORABLE DETERMINATION.—If the Secretary U.S.C. 1401 et seq.), in the case of an alien Act, the Secretary shall publish proposed determines that the alien meets such re- who is in the United States as a lawful per- regulations implementing this section. Such quirements, the Secretary shall notify the manent resident on a conditional basis under regulations shall be effective immediately on alien of such determination and immediately this section, the alien shall be considered to an interim basis, but are subject to change remove the conditional basis of the status of have been admitted as an alien lawfully ad- and revision after public notice and oppor- the alien. mitted for permanent residence and to be in tunity for a period for public comment. (C) TERMINATION IF ADVERSE DETERMINA- the United States as an alien lawfully admit- (2) INTERIM, FINAL REGULATIONS.—Within a TION.—If the Secretary determines that the ted to the United States for permanent resi- reasonable time after publication of the in- alien does not meet such requirements, the dence. However, the conditional basis must terim regulations in accordance with para- Secretary shall notify the alien of such de- be removed before the alien may apply for graph (1), the Secretary shall publish final termination and terminate the conditional naturalization. regulations implementing this section. permanent resident status of the alien as of (f) REMOVAL OF ALIEN.—The Secretary may the date of the determination. SEC. 626. RETROACTIVE BENEFITS. not remove any alien who has a pending ap- (3) TIME TO FILE PETITION.—An alien may If, on the date of enactment of this Act, an plication for conditional status under this petition to remove the conditional basis to alien has satisfied all the requirements of subtitle. lawful resident status during the period be- subparagraphs (A) through (E) of section SEC. 625. CONDITIONAL PERMANENT RESIDENT ginning 180 days before and ending 2 years 624(a)(1) and section 625(d)(1)(D), the Sec- STATUS. after either the date that is 6 years after the retary may adjust the status of the alien to (a) IN GENERAL.— date of the granting of conditional perma- that of a conditional resident in accordance (1) CONDITIONAL BASIS FOR STATUS.—Not- nent resident status or any other expiration with section 624. The alien may petition for withstanding any other provision of law, and date of the conditional permanent resident removal of such condition at the end of the except as provided in section 626, an alien status as extended by the Secretary in ac- conditional residence period in accordance whose status has been adjusted under section cordance with this subtitle. The alien shall with section 625(c) if the alien has met the 624 to that of an alien lawfully admitted for be deemed in conditional permanent resident requirements of subparagraphs (A), (B), and permanent residence shall be considered to status in the United States during the period (C) of section 625(d)(1) during the entire pe- have obtained such status on a conditional in which the petition is pending. riod of conditional residence. basis subject to the provisions of this sec- (d) DETAILS OF PETITION.— SEC. 627. EXCLUSIVE JURISDICTION. tion. Such conditional permanent resident (1) CONTENTS OF PETITION.—Each petition (a) IN GENERAL.—The Secretary shall have status shall be valid for a period of 6 years, for an alien under subsection (c)(1) shall con- exclusive jurisdiction to determine eligi- subject to termination under subsection (b). tain information to permit the Secretary to bility for relief under this subtitle, except

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EXPEDITED PROCESSING OF APPLICA- grams, may award grants to qualified non- tion, exclusion, or removal proceedings ei- TIONS; PROHIBITION ON FEES. profit community organizations to educate, ther prior to or after filing an application for Regulations promulgated under this sub- train, and support non-profit agencies, immi- relief under this subtitle, in which case the title shall provide that applications under grant communities, and other interested en- Attorney General shall have exclusive juris- this subtitle will be considered on an expe- tities regarding the provisions of this Act diction and shall assume all the powers and dited basis and without a requirement for and the amendments made by this Act. duties of the Secretary until proceedings are the payment by the applicant of any addi- (b) USE OF FUNDS.— terminated, or if a final order of deportation, tional fee for such expedited processing. (1) IN GENERAL.—Grants awarded under this exclusion, or removal is entered the Sec- SEC. 631. HIGHER EDUCATION ASSISTANCE. section shall be used— retary shall resume all powers and duties Notwithstanding any provision of the (A) for public education, training, tech- delegated to the Secretary under this sub- Higher Education Act of 1965 (20 U.S.C. 1001 nical assistance, government liaison, and all title. et seq.), with respect to assistance provided related costs (including personnel and equip- (b) STAY OF REMOVAL OF CERTAIN ALIENS under title IV of the Higher Education Act of ment) incurred by the grantee in providing ENROLLED IN PRIMARY OR SECONDARY 1965 (20 U.S.C. 1070 et seq.), an alien who ad- services related to this Act; and SCHOOL.—The Attorney General shall stay justs status to that of a lawful permanent (B) to educate, train, and support nonprofit the removal proceedings of any alien who— resident under this subtitle shall be eligible organizations, immigrant communities, and (1) meets all the requirements of subpara- only for the following assistance under such other interested parties regarding this Act graphs (A), (B), (C), and (E) of section title IV: and the amendments made by this Act and 624(a)(1); (1) Student loans under parts B, D, and E of on matters related to its implementation. (2) is at least 12 years of age; and such title IV (20 U.S.C. 1071 et seq., 1087a et (2) EDUCATION.—In addition to the purposes (3) is enrolled full time in a primary or sec- seq., 1087aa et seq.), subject to the require- described in paragraph (1), grants awarded ondary school. ments of such parts. under this section shall be used to— (A) educate immigrant communities and (c) EMPLOYMENT.—An alien whose removal (2) Federal work-study programs under is stayed pursuant to subsection (b) may be part C of such title IV (42 U.S.C. 2751 et seq.), other interested entities regarding— engaged in employment in the United States, subject to the requirements of such part. (i) the individuals and organizations that consistent with the Fair Labor Standards (3) Services under such title IV (20 U.S.C. can provide authorized legal representation Act (29 U.S.C. 201 et seq.), and State and 1070 et seq.), subject to the requirements for in immigration matters under regulations prescribed by the Secretary; and local laws governing minimum age for em- such services. (ii) the dangers of securing legal advice ployment. SEC. 632. GAO REPORT. and assistance from those who are not au- (d) LIFT OF STAY.—The Attorney General Seven years after the date of enactment of thorized to provide legal representation in shall lift the stay granted pursuant to sub- this Act, the Comptroller General of the immigration matters; section (b) if the alien— United States shall submit a report to the (B) educate interested entities regarding (1) is no longer enrolled in a primary or Committee on the Judiciary of the Senate the requirements for obtaining nonprofit rec- secondary school; or and the Committee on the Judiciary of the ognition and accreditation to represent im- (2) ceases to meet the requirements of sub- House of Representatives, which sets forth— migrants under regulations prescribed by the section (b)(1). (1) the number of aliens who were eligible Secretary; SEC. 628. PENALTIES FOR FALSE STATEMENTS IN for cancellation of removal and adjustment (C) provide nonprofit agencies with train- APPLICATION. of status under section 624(a); ing and technical assistance on the recogni- Whoever files an application for relief (2) the number of aliens who applied for ad- tion and accreditation process; and under this subtitle and willfully and know- justment of status under section 624(a); (D) educate nonprofit community organi- ingly falsifies, misrepresents, or conceals a (3) the number of aliens who were granted zations, immigrant communities, and other material fact or makes any false or fraudu- adjustment of status under section 624(a); interested entities regarding— lent statement or representation, or makes and (i) the process for obtaining benefits under or uses any false writing or document know- (4) the number of aliens whose conditional this Act or under an amendment made by ing the same to contain any false or fraudu- permanent resident status was removed this Act; and lent statement or entry, shall be fined in ac- under section 625. (ii) the availability of authorized legal rep- cordance with title 18, United States Code, Subtitle D—Programs To Assist resentation for low-income persons who may or imprisoned not more than 5 years, or Nonimmigrant Workers qualify for benefits under this Act or under both. SEC. 641. INELIGIBILITY AND REMOVAL PRIOR an amendment made by this Act. SEC. 629. CONFIDENTIALITY OF INFORMATION. TO APPLICATION PERIOD. (c) DIVERSITY.—The Assistant Attorney (a) PROHIBITION.—No officer or employee of (a) LIMITATIONS ON INELIGIBILITY.— General shall ensure, to the extent possible, the United States may— (1) IN GENERAL.—An alien is not ineligible that the nonprofit community organizations (1) use the information furnished by the for any immigration benefit under any provi- receiving grants under this section serve applicant pursuant to an application filed sion of this title, or any amendment made by geographically diverse locations and eth- under this subtitle to initiate removal pro- this title, solely on the basis that the alien nically diverse populations who may qualify ceedings against any persons identified in violated section 1543, 1544, or 1546 of chapter for benefits under the Act. the application; 75 of title 18, United States Code, during the (d) AUTHORIZATION OF APPROPRIATIONS.— There are authorized to be appropriated to (2) make any publication whereby the in- period beginning on the date of the enact- the Office of Justice Programs of the Depart- formation furnished by any particular indi- ment of this Act and ending on the date that ment of Justice such sums as may be nec- vidual pursuant to an application under this the Department of Homeland Security begins essary for each of the fiscal years 2007 subtitle can be identified; or accepting applications for benefits under through 2009 to carry out this section. (3) permit anyone other than an officer or title VI. employee of the United States Government SEC. 643. STRENGTHENING AMERICAN CITIZEN- (2) PROSECUTION.—An alien who commits a SHIP. or, in the case of applications filed under violation of such section 1543, 1544, or 1546 (a) SHORT TITLE.—This section may be this subtitle with a designated entity, that during the period beginning on the date the cited as the ‘‘Strengthening American Citi- designated entity, to examine applications enactment of this Act and ending on the date zenship Act of 2006’’. filed under this subtitle. that the alien applies for eligibility for such (b) DEFINITION.—In this section, the term (b) REQUIRED DISCLOSURE.—The Attorney benefit may be prosecuted for the violation ‘‘Oath of Allegiance’’ means the binding oath General or the Secretary shall provide the if the alien’s application for such benefit is (or affirmation) of allegiance required to be information furnished under this section, denied. naturalized as a citizen of the United States, and any other information derived from such (b) LIMITATION ON REMOVAL.—If an alien as prescribed in section 337(e) of the Immi- furnished information, to— who is apprehended prior to the beginning of gration and Nationality Act, as added by (1) a duly recognized law enforcement enti- the applicable application period described subsection (h)(1)(B). ty in connection with an investigation or in a provision of this title, or an amendment (c) ENGLISH FLUENCY.— prosecution of an offense described in para- made by this title, is able to establish prima (1) EDUCATION GRANTS.— graph (2) or (3) of section 212(a) of the Immi- facie eligibility for an adjustment of status (A) ESTABLISHMENT.—The Chief of the Of- gration and Nationality Act (8 U.S.C. under such a provision, the alien may not be fice of Citizenship of the Department (re- 1182(a)), when such information is requested removed from the United States for any rea- ferred to in this paragraph as the ‘‘Chief’’) in writing by such entity; or son until the date that is 180 days after the shall establish a grant program to provide (2) an official coroner for purposes of af- first day of such applicable application pe- grants in an amount not to exceed $500 to as- firmatively identifying a deceased individual riod unless the alien has engaged in criminal sist legal residents of the United States who (whether or not such individual is deceased conduct or is a threat to the national secu- declare an intent to apply for citizenship in as a result of a crime). rity of the United States. the United States to meet the requirements (c) PENALTY.—Whoever knowingly uses, SEC. 642. GRANTS TO SUPPORT PUBLIC EDU- under section 312 of the Immigration and Na- publishes, or permits information to be ex- CATION AND COMMUNITY TRAINING. tionality Act (8 U.S.C. 1423). amined in violation of this section shall be (a) GRANTS AUTHORIZED.—The Assistant (B) USE OF FUNDS.—Grant funds awarded fined not more than $10,000. Attorney General, Office of Justice Pro- under this paragraph shall be paid directly

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to an accredited institution of higher edu- sums as may be necessary to carry out this (1) REVISION OF OATH.—Section 337 (8 U.S.C. cation or other qualified educational institu- subsection. 1448) is amended— tion (as determined by the Chief) for tuition, (e) FUNDING FOR THE OFFICE OF CITIZEN- (A) in subsection (a), by striking ‘‘under fees, books, and other educational resources SHIP.— section 310(b) an oath’’ and all that follows required by a course on the English language (1) AUTHORIZATION.—The Secretary, acting through ‘‘personal moral code.’’ and insert- in which the legal resident is enrolled. through the Director of the Bureau of Citi- ing ‘‘under section 310(b), the oath (or affir- (C) APPLICATION.—A legal resident desiring zenship and Immigration Services, is author- mation) of allegiance prescribed in sub- a grant under this paragraph shall submit an ized to establish the United States Citizen- section (e).’’; and application to the Chief at such time, in such ship Foundation (referred to in this sub- (B) by adding at the end the following: manner, and accompanied by such informa- section as the ‘‘Foundation’’), an organiza- ‘‘(e)(1) Subject to paragraphs (2) and (3), tion as the Chief may reasonably require. tion duly incorporated in the District of Co- the oath (or affirmation) of allegiance pre- (D) PRIORITY.—If insufficient funds are lumbia, exclusively for charitable and edu- scribed in this subsection is as follows: ‘I available to award grants to all qualified ap- cational purposes to support the functions of take this oath solemnly, freely, and without plicants, the Chief shall give priority based the Office of Citizenship. any mental reservation. I absolutely and en- tirely renounce all allegiance to any foreign on the financial need of the applicants. (2) DEDICATED FUNDING.— state or power of which I have been a subject (E) NOTICE.—The Secretary, upon relevant (A) IN GENERAL.—Not less than 1.5 percent registration of a legal resident with the De- of the funds made available to the Bureau of or citizen. My fidelity and allegiance from this day forward are to the United States of partment, shall notify such legal resident of Citizenship and Immigration Services from America. I will bear true faith and allegiance the availability of grants under this para- fees shall be dedicated to the functions of the to the Constitution and laws of the United graph for legal residents who declare an in- Office of Citizenship, which shall include the States, and will support and defend them tent to apply for United States citizenship. patriotic integration of prospective citizens against all enemies, foreign and domestic. I (F) DEFINITION.—For purposes of this sub- into— will bear arms, or perform noncombatant section, the term ‘‘legal resident’’ means a (i) American common values and tradi- military or civilian service, on behalf of the lawful permanent resident or a lawfully ad- tions, including an understanding of Amer- United States when required by law. This I mitted alien who, in order to adjust status to ican history and the principles of the Con- do solemnly swear, so help me God.’. that of a lawful permanent resident must stitution of the United States; and ‘‘(2) If a person, by reason of religious demonstrate a knowledge of the English lan- (ii) civic traditions of the United States, training and belief (or individual interpreta- guage or satisfactory pursuit of a course of including the Pledge of Allegiance, respect tion thereof) or for other reasons of good study to acquire such knowledge of the for the flag of the United States, and voting conscience, cannot take the oath prescribed English language. in public elections. in paragraph (1)— (2) FASTER CITIZENSHIP FOR ENGLISH FLU- (B) SENSE OF CONGRESS.—It is the sense of ‘‘(A) with the term ‘oath’ included, the ENCY.—Section 316 (8 U.S.C. 1427) is amended Congress that dedicating increased funds to term ‘affirmation’ shall be substituted for by adding at the end the following: the Office of Citizenship should not result in the term ‘oath’; and ‘‘(g) A lawful permanent resident of the an increase in fees charged by the Bureau of ‘‘(B) with the phrase ‘so help me God’ in- United States who demonstrates English flu- Citizenship and Immigration Services. cluded, the phrase ‘so help me God’ shall be ency, in accordance with regulations pre- (3) GIFTS.— omitted. scribed by the Secretary of Homeland Secu- (A) TO FOUNDATION.—The Foundation may ‘‘(3) If a person shows by clear and con- rity, in consultation with the Secretary of solicit, accept, and make gifts of money and vincing evidence to the satisfaction of the State, will satisfy the residency requirement other property in accordance with section Attorney General that such person, by rea- under subsection (a) upon the completion of 501(c)(3) of the Internal Revenue Code of 1986. son of religious training and belief, cannot 4 years of continuous legal residency in the (B) FROM FOUNDATION.—The Office of Citi- take the oath prescribed in paragraph (1)— United States.’’. zenship may accept gifts from the Founda- ‘‘(A) because such person is opposed to the (3) SAVINGS PROVISION.—Nothing in this tion to support the functions of the Office. bearing of arms in the Armed Forces of the subsection shall be construed to— (4) AUTHORIZATION OF APPROPRIATIONS.— United States, the words ‘bear arms, or’ (A) modify the English language require- There are authorized to be appropriated such shall be omitted; and ments for naturalization under section sums as may be necessary to carry out the ‘‘(B) because such person is opposed to any 312(a)(1) of the Immigration and Nationality mission of the Office of Citizenship, includ- type of service in the Armed Forces of the Act (8 U.S.C. 1423(a)(1)); or ing the functions described in paragraph United States, the words ‘bear arms, or’ and (B) influence the naturalization test rede- (2)(A). ‘noncombatant military or’ shall be omitted. ‘‘(4) As used in this subsection, the term sign process of the Office of Citizenship (ex- (f) RESTRICTION ON USE OF FUNDS.—No cept for the requirement under subsection funds appropriated to carry out a program ‘religious training and belief’— (h)(2)). under this subsection (d) or (e) may be used ‘‘(A) means a belief of an individual in re- lation to a Supreme Being involving duties to organize individuals for the purpose of po- (d) AMERICAN CITIZENSHIP GRANT PRO- superior to those arising from any human re- litical activism or advocacy. GRAM.— lation; and (g) REPORTING REQUIREMENT.— (1) IN GENERAL.—The Secretary shall estab- ‘‘(B) does not include essentially political, (1) IN GENERAL.—The Chief of the Office of lish a competitive grant program to provide sociological, or philosophical views or a financial assistance for— Citizenship shall submit an annual report to merely personal moral code. (A) efforts by entities (including veterans the Committee on Health, Education, Labor, ‘‘(5) Any reference in this title to ‘oath’ or and patriotic organizations) certified by the and Pensions of the Senate, the Committee ‘oath of allegiance’ under this section shall Office of Citizenship to promote the patriotic on the Judiciary of the Senate, the Com- be deemed to refer to the oath (or affirma- integration of prospective citizens into the mittee on Education and the Workforce of tion) of allegiance prescribed under this sub- American way of life by providing civics, his- the House of Representatives, and the Com- section.’’. tory, and English as a second language mittee on the Judiciary of the House of Rep- (2) HISTORY AND GOVERNMENT TEST.—The courses, with a specific emphasis on attach- resentatives. Secretary shall incorporate a knowledge and ment to principles of the Constitution of the (2) CONTENTS.—The report submitted under understanding of the meaning of the Oath of United States, the heroes of American his- paragraph (1) shall include— Allegiance into the history and government tory (including military heroes), and the (A) a list of the entities that have received test given to applicants for citizenship. meaning of the Oath of Allegiance; and funds from the Office of Citizenship during (3) NOTICE TO FOREIGN EMBASSIES.—Upon (B) other activities approved by the Sec- the reporting period under this section and the naturalization of a new citizen, the Sec- retary to promote the patriotic integration the amount of funding received by each such retary, in cooperation with the Secretary of of prospective citizens and the implementa- entity; State, shall notify the embassy of the coun- tion of the Immigration and Nationality Act (B) an evaluation of the extent to which try of which the new citizen was a citizen or (8 U.S.C. 1101 et seq.), including grants— grants received under this section success- subject that such citizen has— (i) to promote an understanding of the fully promoted an understanding of— (A) renounced allegiance to that foreign form of government and history of the (i) the English language; and country; and United States; and (ii) American history and government, in- (B) sworn allegiance to the United States. (ii) to promote an attachment to the prin- cluding the heroes of American history, the (4) EFFECTIVE DATE.—The amendments ciples of the Constitution of the United meaning of the Oath of Allegiance, and an made by paragraph (1) shall take effect on States and the well being and happiness of attachment to the principles of the Constitu- the date that is 6 months after the date of the people of the United States. tion of the United States; and enactment of this Act. (2) ACCEPTANCE OF GIFTS.—The Secretary (C) information about the number of legal (i) ESTABLISHMENT OF NEW CITIZENS AWARD may accept and use gifts from the United residents who were able to achieve the PROGRAM.— States Citizenship Foundation, if the founda- knowledge described under paragraph (2) as a (1) ESTABLISHMENT.—There is established a tion is established under subsection (e), for result of the grants provided under this sec- new citizens award program to recognize grants under this subsection. tion. citizens who— (3) AUTHORIZATION OF APPROPRIATIONS.— (h) OATH OR AFFIRMATION OF RENUNCIATION (A) have made an outstanding contribution There are authorized to be appropriated such AND ALLEGIANCE.— to the United States; and

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(B) were naturalized during the 10-year pe- (2) Trade policy, fiscal burden of govern- (1) LITIGATION ATTORNEYS.—In each of fis- riod ending on the date of such recognition. ment, government intervention in the econ- cal years 2007 through 2011, the Attorney (2) PRESENTATION AUTHORIZED.— omy, monetary policy, capital flows and for- General shall, subject to the availability of (A) IN GENERAL.—The President is author- eign investment, banking and finance, wages appropriations for such purpose, increase by ized to present a medal, in recognition of and prices, property rights, regulation, and not less than 50 the number of positions for outstanding contributions to the United informal market activity are key factors in attorneys in the Office of Immigration Liti- States, to citizens described in paragraph (1). economic freedom. gation of the Department of Justice. (B) MAXIMUM NUMBER OF AWARDS.—Not (3) Poverty in Mexico, including rural pov- (2) UNITED STATES ATTORNEYS.—In each of more than 10 citizens may receive a medal erty, can be mitigated through strengthened fiscal years 2007 through 2011, the Attorney under this subsection in any calendar year. economic freedom within Mexico. General shall, subject to the availability of (3) DESIGN AND STRIKING.—The Secretary of (4) Strengthened economic freedom in Mex- appropriations for such purpose, increase by the Treasury shall strike a medal with suit- ico can be a major influence in mitigating il- not less than 50 the number of attorneys in able emblems, devices, and inscriptions, to legal immigration. the United States Attorneys’ office to liti- be determined by the President. (5) Advancing economic freedom within gate immigration cases in the Federal (4) NATIONAL MEDALS.—The medals struck Mexico is an important part of any com- courts. pursuant to this subsection are national prehensive plan to understanding the sources (3) IMMIGRATION JUDGES.—In each of fiscal medals for purposes of chapter 51 of title 31, of poverty and the path to economic pros- years 2007 through 2011, the Attorney Gen- United States Code. perity. eral shall, subject to the availability of ap- (j) NATURALIZATION CEREMONIES.— (b) GRANT AUTHORIZED.—The Secretary of propriations for such purpose— (1) IN GENERAL.—The Secretary, in con- State may award a grant to a land grant uni- (A) increase by not less than 20 the number sultation with the Director of the National versity in the United States to establish a of full-time immigration judges compared to Park Service, the Archivist of the United national program for a broad, university- the number of such positions for which funds States, and other appropriate Federal offi- based Mexican rural poverty mitigation pro- were made available during the preceding cials, shall develop and implement a strat- gram. fiscal year; and egy to enhance the public awareness of natu- (c) FUNCTIONS OF MEXICAN RURAL POVERTY (B) increase by not less than 80 the number ralization ceremonies. MITIGATION PROGRAM.—The program estab- of positions for personnel to support the im- (2) VENUES.—In developing the strategy lished pursuant to subsection (b) shall— migration judges described in subparagraph under this subsection, the Secretary shall (1) match a land grant university in the (A) compared to the number of such posi- consider the use of outstanding and historic United States with the lead Mexican public tions for which funds were made available locations as venues for select naturalization university in each of Mexico’s 31 states to during the preceding fiscal year. ceremonies. provide state-level coordination of rural pov- (4) STAFF ATTORNEYS.—In each of fiscal (3) REPORTING REQUIREMENT.—The Sec- erty programs in Mexico; years 2007 through 2011, the Attorney Gen- retary shall submit an annual report to Con- (2) establish relationships and coordinate eral shall, subject to the availability of ap- gress that includes— programmatic ties between universities in propriations for such purpose— (A) the content of the strategy developed the United States and universities in Mexico (A) increase by not less than 10 the number under this subsection; and to address the issue of rural poverty in Mex- of positions for full-time staff attorneys in (B) the progress made towards the imple- ico; the Board of Immigration Appeals compared mentation of such strategy. (3) establish and coordinate relationships to the number of such positions for which SEC. 644. SUPPLEMENTAL IMMIGRATION FEE. with key leaders in the United States and funds were made available during the pre- (a) AUTHORIZATION OF FEE.— Mexico to explore the effect of rural poverty ceding fiscal year; and (1) IN GENERAL.—Subject to paragraph (2), on illegal immigration of Mexicans into the (B) increase by not less than 10 the number any alien who receives any immigration ben- United States; and of positions for personnel to support the staff efit under this title, or the amendments (4) address immigration and border secu- attorneys described in subparagraph (A) made by this title, shall, before receiving rity concerns through a university-based, bi- compared to the number of such positions for such benefit, pay a fee to the Secretary in an national approach for long-term institu- which funds were made available during the amount equal to $500, in addition to other tional change. preceding fiscal year applicable fees and penalties imposed under (d) USE OF FUNDS.— (5) AUTHORIZATION OF APPROPRIATIONS.— this title, or the amendments made by this (1) AUTHORIZED USES.—Grant funds award- There are authorized to be appropriated to title. ed under this section may be used— the Attorney General for each of the fiscal (2) FEES CONTINGENT ON APPROPRIATIONS.— (A) for education, training, technical as- years 2007 through 2011 such sums as may be No fee may be collected under this section sistance, and any related expenses (including necessary to carry out this subsection, in- except to the extent that the expenditure of personnel and equipment) incurred by the cluding the hiring of necessary support staff. the fee to pay the costs of activities and grantee in implementing a program de- (c) ADMINISTRATIVE OFFICE OF THE UNITED services for which the fee is imposed, as de- scribed in subsection (a); and STATES COURTS.—In each of the fiscal years scribed in subsection (b), is provided for in (B) to establish an administrative struc- 2007 through 2011, the Director of the Admin- advance in an appropriations Act. ture for such program in the United States. istrative Office of the United States Courts (b) DEPOSIT AND EXPENDITURE OF FEES.— (2) LIMITATIONS.—Grant funds awarded shall, subject to the availability of appro- (1) DEPOSIT.—Amounts collected under sub- under this section may not be used for ac- priations, increase by not less than 50 the section (a) shall be deposited as an offsetting tivities, responsibilities, or related costs in- number of attorneys in the Federal Defend- collection in, and credited to, the accounts curred by entities in Mexico. ers Program who litigate criminal immigra- providing appropriations— (e) AUTHORIZATION OF APPROPRIATIONS.— tion cases in the Federal courts. (A) to carry out the apprehension and de- There are authorized to be appropriated such CHAPTER 2—IMMIGRATION REVIEW tention of any alien who is inadmissible by funds as may be necessary to carry out this REFORM reason of any offense described in section section. 212(a); TITLE VII—MISCELLANEOUS SEC. 702. BOARD OF IMMIGRATION APPEALS. (B) to carry out the apprehension and de- Subtitle A—Immigration Litigation (a) COMPOSITION AND APPOINTMENT.—Not- tention of any alien who is deportable for Reduction withstanding any other provision of law, the any offense under section 237(a); CHAPTER 1—APPEALS AND REVIEW Board of Immigration Appeals of the Depart- (C) to acquire border sensor and surveil- SEC. 701. ADDITIONAL IMMIGRATION PER- ment of Justice (referred to in this section as lance technology; SONNEL. the ‘‘Board’’), shall be composed of a Chair (D) for air and marine interdiction, oper- (a) DEPARTMENT OF HOMELAND SECURITY.— and 22 other immigration appeals judges, ations, maintenance, and procurement; (1) TRIAL ATTORNEYS.—In each of fiscal who shall be appointed by the Attorney Gen- (E) for construction projects in support of years 2007 through 2011, the Secretary shall, eral. Upon the expiration of a term of office, the United States Customs and Border Pro- subject to the availability of appropriations a Board member may continue to act until a tection; for such purpose, increase the number of po- successor has been appointed and qualified. (F) to train Federal law enforcement per- sitions for attorneys in the Office of General (b) QUALIFICATIONS.—Each member of the sonnel; and Counsel of the Department who represent Board, including the Chair, shall— (G) for maritime security activities. the Department in immigration matters by (1) be an attorney in good standing of a bar (2) AVAILABILITY OF FEES.—Amounts depos- not less than 100 above the number of such of a State or the District of Columbia; ited under paragraph (1) shall remain avail- positions for which funds were made avail- (2) have at least— able until expended for the activities and able during each preceding fiscal year. (A) 7 years of professional, legal expertise; services described in paragraph (1). (2) AUTHORIZATION OF APPROPRIATIONS.— or SEC. 645. ADDRESSING POVERTY IN MEXICO. There are authorized to be appropriated to (B) 5 years of professional, legal expertise (a) FINDINGS.—Congress finds the fol- the Secretary for each of fiscal years 2007 in immigration and nationality law; and lowing: through 2011 such sums as may be necessary (3) meet the minimum appointment re- (1) There is a strong correlation between to carry out this subsection. quirements of an administrative law judge economic freedom and economic prosperity. (b) DEPARTMENT OF JUSTICE.— under title 5, United States Code.

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(c) DUTIES OF THE CHAIR.—The Chair of the composition of a panel and of the presiding responding similar regulation) and other im- Board, subject to the supervision of the Di- member of a panel. migration judges shall be appointed by the rector of the Executive Office for Immigra- (5) PRESIDING MEMBER DECISIONS.—The pre- Attorney General. Upon the expiration of a tion Review, shall— siding member of a panel may act alone on term of office, the immigration judge may (1) be responsible, on behalf of the Board, any motion as provided in paragraphs (2) and continue to act until a successor has been for the administrative operations of the (3) of subsection (i) and may not otherwise appointed and qualified. Board and shall have the power to appoint dismiss or determine an appeal as a single (2) QUALIFICATIONS.—Each immigration such administrative assistants, attorneys, Board member. judge, including the Chief Immigration clerks, and other personnel as may be needed (h) EN BANC PROCESS.— Judge, shall be an attorney in good standing for that purpose; (1) IN GENERAL.—The Board may on its own of a bar of a State or the District of Colum- (2) direct, supervise, and establish internal motion, by a majority vote of the Board bia and shall have at least 5 years of profes- operating procedures and policies of the members, or by direction of the Chair— sional, legal expertise or at least 3 years pro- Board; (A) consider any case as the full Board en fessional or legal expertise in immigration (3) designate a member of the Board to act banc; or and nationality law. as Chair if the Chair is absent or unavail- (B) reconsider as the full Board en banc (b) JURISDICTION.—An Immigration judge able; any case that has been considered or decided shall have the authority to hear matters re- (4) adjudicate cases as a member of the by a 3-member panel or by a limited en banc lated to any removal proceeding pursuant to Board; panel. section 240 of the Immigration and Nation- (5) form 3-member panels as provided by (2) QUORUM.—A majority of the Board ality Act (8 U.S.C. 1229a) described in section subsection (g); members shall constitute a quorum of the 1240.1(a) of title 8, Code of Federal Regula- (6) direct that a case be heard en banc as Board sitting en banc. tions (or any corresponding similar regula- provided by subsection (h); and (i) DECISIONS OF THE BOARD.— tion). (7) exercise such other authorities as the (1) AFFIRMANCE WITHOUT OPINION.—Upon in- (c) DUTIES OF IMMIGRATION JUDGES.—In de- Director may provide. dividualized review of a case, the Board may ciding a case, an immigration judge— (d) BOARD MEMBERS DUTIES.—In deciding a affirm the decision of an immigration judge (1) shall exercise independent judgment case before the Board, the Board— without opinion only if— and discretion; and (1) shall exercise independent judgment (A) the decision of the immigration judge (2) may take any action that is appropriate and discretion; and resolved all issues in the case; and necessary for the disposition of such (2) may take any action that is appropriate (B) the issue on appeal is squarely con- case that is consistent with their authorities and necessary for the disposition of such trolled by existing Board or Federal court under this section and regulations estab- case that is consistent with the authority precedent and does not involve the applica- lished in accordance with this section. provided in this section and any regulations tion of precedent to a novel fact situation; (d) REVIEW.—Decisions of immigration established in accordance with this section. (C) the factual and legal questions raised judges are subject to review by the Board of (e) JURISDICTION.— on appeal are so insubstantial that the case Immigration Appeals in any case in which (1) IN GENERAL.—The Board shall have ju- does not warrant the issuance of a written the Board has jurisdiction. risdiction to hear appeals described in sec- opinion in the case; and SEC. 704. REMOVAL AND REVIEW OF JUDGES. tion 1003.1(b) of title 8, Code of Federal Regu- (D) the Board approves both the result No immigration judge or member of the lations (or any corresponding similar regula- reached in the decision below and all of the Board may be removed or otherwise subject tion). reasoning of that decision. to disciplinary or adverse action for their ex- (2) LIMITATION.—The Board shall not have (2) SUMMARY DISMISSAL OF APPEALS.—The ercise of independent judgment and discre- jurisdiction to hear an appeal of a decision of 3-member panel or the presiding member tion as prescribed by this chapter. an immigration judge for an order of re- acting alone may summarily dismiss any ap- moval entered in absentia. SEC. 705. LEGAL ORIENTATION PROGRAM. (f) SCOPE OF REVIEW.— peal or portion of any appeal in any case (a) CONTINUED OPERATION.—The Director of (1) FINDINGS OR FACT.—The Board shall— which— the Executive Office for Immigration Review (A) accept findings of fact determined by (A) the party seeking the appeal fails to shall continue to operate a legal orientation an immigration judge, including findings as specify the reasons for the appeal; program to provide basic information about to the credibility of testimony, unless the (B) the only reason for the appeal specified immigration court procedures for immigra- findings are clearly erroneous; and by such party involves a finding of fact or a tion detainees and shall expand the legal ori- (B) give due deference to an immigration conclusion of law that was conceded by that entation program to provide such informa- judge’s application of the law to the facts. party at a prior proceeding; tion on a nationwide basis. (2) QUESTIONS OF LAW.—The Board shall re- (C) the appeal is from an order that grant- (b) AUTHORIZATION OF APPROPRIATIONS.— view de novo questions of law, discretion, ed such party the relief that had been re- There are authorized to be appropriated such and judgment, and all other issues in appeals quested; sums as may be necessary to carry out such from decisions of immigration judges. (D) the appeal is determined to be filed for legal orientation program. (3) APPEALS FROM OFFICERS’ DECISIONS.— an improper purpose, such as to cause unnec- SEC. 706. REGULATIONS. (A) STANDARD OF REVIEW.—The Board shall essary delay; or Not later than 180 days after the date of review de novo all questions arising in ap- (E) the appeal lacks an arguable basis in the enactment of this Act, the Attorney peals from decisions issued by officers of the fact or in law and is not supported by a good General shall issue regulations to implement Department. faith argument for extension, modification, this subtitle. (B) PROHIBITION OF FACT FINDING.—Except or reversal of existing law. SEC. 707. GAO STUDY ON THE APPELLATE PROC- for taking administrative notice of com- (3) UNOPPOSED DISPOSITIONS.—The 3-mem- ESS FOR IMMIGRATION APPEALS. monly known facts such as current events or ber panel or the presiding member acting (a) IN GENERAL.—The Comptroller General the contents of official documents, the Board alone may— of the United States shall, not later than 180 may not engage in fact-finding in the course (A) grant an unopposed motion or a motion days after enactment of this Act, conduct a of deciding appeals. to withdraw an appeal pending before the study on the appellate process for immigra- (C) REMAND.—A party asserting that the Board; or tion appeals. Board cannot properly resolve an appeal (B) adjudicate a motion to remand any ap- (b) REQUIREMENTS.—In conducting the without further fact-finding shall file a mo- peal— study under subsection (a), the Comptroller tion for remand. If further fact-finding is (i) from the decision of an officer of the De- General shall consider the possibility of con- needed in a case, the Board shall remand the partment if the appropriate official of the solidating all appeals from the Board of Im- proceeding to the immigration judge or, as Department requests that the matter be re- migration Appeals and habeas corpus peti- appropriate, to the Secretary. manded back for further consideration; tions in immigration cases into 1 United (g) PANELS.— (ii) if remand is required because of a de- States Court of Appeals, by— (1) IN GENERAL.—Except as provided in fective or missing transcript; or (1) consolidating all such appeals into an paragraph (5) all cases shall be subject to re- (iii) if remand is required for any other existing circuit court, such as the United view by a 3-member panel. The Chair shall procedural or ministerial issue. States Court of Appeals for the Federal Cir- divide the Board into 3-member panels and (4) NOTICE OF RIGHT TO APPEAL.—The deci- cuit; designate a presiding member. sion by the Board shall include notice to the (2) consolidating all such appeals into a (2) AUTHORITY.—Each panel may exercise alien of the alien’s right to file a petition for centralized appellate court consisting of ac- the appropriate authority of the Board that review in a United States Court of Appeals tive circuit court judges temporarily as- is necessary for the adjudication of cases be- not later than 30 days after the date of the signed from the various circuits, in a manner fore the Board. decision. similar to the Foreign Intelligence Surveil- (3) QUORUM.—Two members appointed to a SEC. 703. IMMIGRATION JUDGES. lance Court or the Temporary Emergency panel shall constitute a quorum for such (a) APPOINTMENT OF IMMIGRATION JUDGES.— Court of Appeals; or panel. (1) IN GENERAL.—The Chief Immigration (3) implementing a mechanism by which a (4) CHANGES IN COMPOSITION.—The Chair Judge (as described in section 1003.9 of title panel of active circuit court judges shall may from time to time make changes in the 8, Code of Federal Regulations, or any cor- have the authority to reassign such appeals

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00119 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9978 CONGRESSIONAL RECORD — SENATE September 21, 2006 from circuits with relatively high caseloads (B) are physically located in the same unit courtroom proceeding to understand that to circuits with relatively low caseloads. as the military processing unit that adju- proceeding, regardless of their English pro- (c) FACTORS TO CONSIDER.—In conducting dicates applications for naturalization pur- ficiency; the study under subsection (a), the Comp- suant to such section 328 or 329; and (2) 19 percent of the population of the troller General, in consultation with the At- (3) implement a quality control program to United States over 5 years of age speaks a torney General, the Secretary, and the Judi- monitor, on a regular basis, the accuracy language other than English at home; cial Conference of the United States, shall and quality of information provided by the (3) only qualified court interpreters can en- consider— employees who operate the telephone service sure that persons with limited English pro- (1) the resources needed for each alter- required by paragraph (1), including the ficiency comprehend judicial proceedings in native, including judges, attorneys and other breadth of the knowledge related to the nat- which they are a party; support staff, case management techniques uralization process of such employees. (4) the knowledge and skills required of a including technological requirements, phys- SEC. 714. PROVISION OF INFORMATION ON NATU- qualified court interpreter differ substan- ical infrastructure, and other procedural and RALIZATION TO THE PUBLIC. tially from those required in other interpre- logistical issues as appropriate; Not later than 30 days after the date that tation settings, such as social service, med- (2) the impact of each plan on various cir- a modification to any law or regulation re- ical, diplomatic, and conference inter- cuits, including their caseload in general and lated to the naturalization process becomes preting; caseload per panel; effective, the Secretary shall update the ap- (5) the Federal Government has dem- (3) the possibility of utilizing case manage- propriate application form for naturaliza- onstrated its commitment to equal adminis- ment techniques to reduce the impact of any tion, the instructions and guidebook for ob- tration of justice regardless of English pro- consolidation option, such as requiring cer- taining naturalization, and the Internet ficiency; tificates of reviewability, similar to proce- website maintained by the Secretary to re- (6) regulations implementing title VI of dures for habeas and existing summary dis- flect such modification. the Civil Rights Act of 1964, as well as the missal procedures in local rules of the courts SEC. 715. REPORTS. guidance issued by the Department of Jus- of appeals; (a) ADJUDICATION PROCESS.—Not later than tice pursuant to Executive Order 13166, (4) the effect of reforms in this Act on the 120 days after the date of the enactment of issued August 11, 2000, clarify that all recipi- ability of the circuit courts to adjudicate this Act, the Comptroller General of the ents of Federal financial assistance, includ- such appeals; United States shall submit to the appro- ing State courts, are required to take rea- (5) potential impact, if any, on litigants; priate congressional committees a report on sonable steps to provide meaningful access and the entire process for the adjudication of an to their proceedings for persons with limited (6) other reforms to improve adjudication application for naturalization filed pursuant English proficiency; of immigration matters, including appellate to section 328 or 329 of the Immigration and (7) 34 States have developed, or are devel- review of motions to reopen and reconsider, Nationality Act (8 U.S.C. 1439 or 1440), in- oping, court interpreting programs; and attorney fee awards with respect to re- cluding the process that begins at the time (8) robust, effective court interpreter pro- view of final orders of removal. the application is mailed to, or received by, grams— SEC. 708. SENIOR JUDGE PARTICIPATION IN THE the Secretary, regardless of whether the Sec- (A) actively recruit skilled individuals to SELECTION OF MAGISTRATES. retary determines that such application is be court interpreters; Section 631(a) of title 28, United States complete, through the final disposition of (B) train those individuals in the interpre- tation of court proceedings; Code, is amended by striking ‘‘Northern Mar- such application. Such report shall include a (C) develop and use a thorough, systematic iana Islands’’ the first place it appears and description of— certification process for court interpreters; inserting ‘‘Northern Mariana Islands, includ- (1) the methods of the Secretary to pre- and ing any judge in regular active service and pare, handle, and adjudicate such applica- any judge who has retired from regular ac- (D) have sufficient funding to ensure that a tions; tive service under section 371(b) of this qualified interpreter will be available to the (2) the effectiveness of the chain of author- title,’’. court whenever necessary; and ity, supervision, and training of employees of (9) Federal funding is necessary to— Subtitle B—Citizenship Assistance for the Government or of other entities, includ- (A) encourage State courts that do not Members of the Armed Services ing contract employees, who have any role in have court interpreter programs to develop SEC. 711. SHORT TITLE. the such process or adjudication; and them; This subtitle may be cited as the ‘‘Kendell (3) the ability of the Secretary to use tech- (B) assist State courts with nascent court Frederick Citizenship Assistance Act’’. nology to facilitate or accomplish any aspect interpreter programs to implement them; SEC. 712. WAIVER OF REQUIREMENT FOR FIN- of such process or adjudication. (C) assist State courts with limited court GERPRINTS FOR MEMBERS OF THE (b) IMPLEMENTATION.— interpreter programs to enhance them; and ARMED FORCES. (1) STUDY.—The Comptroller General of the Notwithstanding any other provision of United States shall conduct a study on the (D) assist State courts with robust court law or any regulation, the Secretary shall implementation of this subtitle by the Sec- interpreter programs to make further im- use the fingerprints provided by an indi- retary, including studying any technology provements and share successful programs vidual at the time the individual enlists in that may be used to improve the efficiency with other States. the Armed Forces to satisfy any requirement of the naturalization process for members of SEC. 723. STATE COURT INTERPRETER PRO- GRAM. for fingerprints as part of an application for the Armed Forces. naturalization if the individual— (a) GRANTS AUTHORIZED.— (2) REPORT.—Not later than 180 days after (1) may be naturalized pursuant to section (1) IN GENERAL.—The Administrator of the the date that the Comptroller General sub- 328 or 329 of the Immigration and Nation- Office of Justice Programs of the Depart- mits the report required by subsection (a), ality Act (8 U.S.C. 1439 or 1440); ment of Justice (referred to in this section as the Comptroller General shall submit to the (2) was fingerprinted in accordance with the ‘‘Administrator’’) shall make grants, in appropriate congressional committees a re- the requirements of the Department of De- accordance with such regulations as the At- port on the study required by paragraph (1). fense at the time the individual enlisted in torney General may prescribe, to State The report shall include any recommenda- the Armed Forces; and courts to develop and implement programs tions of the Comptroller General for improv- (3) submits an application for naturaliza- to assist individuals with limited English ing the implementation of this subtitle by tion not later than 12 months after the date proficiency to access and understand State the Secretary. court proceedings in which they are a party. the individual enlisted in the Armed Forces. (c) APPROPRIATE CONGRESSIONAL COMMIT- (2) TECHNICAL ASSISTANCE.—The Adminis- SEC. 713. PROVISION OF INFORMATION ON NATU- TEES DEFINED.—In this section, the term RALIZATION TO MEMBERS OF THE ‘‘appropriate congressional committees’’ trator shall allocate, for each fiscal year, ARMED FORCES. means— $500,000 of the amount appropriated pursuant The Secretary shall— to section 724 to be used to establish a court (1) establish a dedicated toll-free telephone (1) the Committee on Armed Services and the Committee on the Judiciary of the Sen- interpreter technical assistance program to service available only to members of the assist State courts receiving grants under Armed Forces and the families of such mem- ate; and (2) the Committee on Armed Services and this subtitle. bers to provide information related to natu- (b) USE OF GRANTS.—Grants awarded under the Committee on the Judiciary of the House ralization pursuant to section 328 or 329 of subsection (a) may be used by State courts the Immigration and Nationality Act (8 of Representatives. to— U.S.C. 1439 or 1440), including the status of Subtitle C—State Court Interpreter Grant (1) assess regional language demands; an application for such naturalization; Program (2) develop a court interpreter program for (2) ensure that the telephone service re- SEC. 721. SHORT TITLE. the State courts; quired by paragraph (1) is operated by em- This subtitle may be cited as the ‘‘State (3) develop, institute, and administer lan- ployees of the Department who— Court Interpreter Grant Program Act’’. guage certification examinations; (A) have received specialized training on SEC. 722. FINDINGS. (4) recruit, train, and certify qualified the naturalization process for members of Congress finds that— court interpreters; the Armed Forces and the families of such (1) the fair administration of justice de- (5) pay for salaries, transportation, and members; and pends on the ability of all participants in a technology necessary to implement the

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PORT OF ENTRY INFRASTRUCTURE AS- Customs–Trade Partnership Against Ter- paragraph (2); and SESSMENT STUDY. rorism programs along the northern border (6) engage in other related activities, as (a) REQUIREMENT TO UPDATE.—Not later and southern border, including— prescribed by the Attorney General. than January 31 of each year, the Adminis- (A) the Business Anti-Smuggling Coalition; (c) APPLICATION.— trator of General Services shall update the (B) the Carrier Initiative Program; (1) IN GENERAL.—The highest State court of Port of Entry Infrastructure Assessment (C) the Americas Counter Smuggling Ini- each State desiring a grant under this sec- Study prepared by the Bureau of Customs tiative; tion shall submit an application to the Ad- and Border Protection in accordance with (D) the Container Security Initiative; ministrator at such time, in such manner, the matter relating to the ports of entry in- (E) the Free and Secure Trade Initiative; and accompanied by such information as the frastructure assessment that is set out in the and Administrator may reasonably require. joint explanatory statement in the con- (F) other Industry Partnership Programs (2) STATE COURTS.—The highest State court ference report accompanying H.R. 2490 of the administered by the Commissioner. of each State submitting an application 106th Congress, 1st session (House of Rep- (2) SOUTHERN BORDER DEMONSTRATION PRO- under paragraph (1) shall include in the ap- resentatives Rep. No. 106–319, on page 67) and GRAM.—Not later than 180 days after the date plication— submit such updated study to Congress. of enactment of this Act, the Commissioner (A) an identification of each State court in (b) CONSULTATION.—In preparing the up- shall implement, on a demonstration basis, that State which would receive funds from dated studies required in subsection (a), the at least 1 Customs–Trade Partnership the grant; Administrator of General Services shall con- Against Terrorism program, which has been (B) the amount of funds each State court sult with the Director of the Office of Man- successfully implemented along the northern identified under subparagraph (A) would re- agement and Budget, the Secretary, and the border, along the southern border. ceive from the grant; and Commissioner. (b) MAQUILADORA DEMONSTRATION PRO- (c) CONTENT.—Each updated study required GRAM.—Not later than 180 days after the date (C) the procedures the highest State court in subsection (a) shall— of enactment of this Act, the Commissioner would use to directly distribute grant funds (1) identify port of entry infrastructure shall establish a demonstration program to to State courts identified under subpara- and technology improvement projects that develop a cooperative trade security system graph (A). would enhance border security and facilitate to improve supply chain security. TATE OURT LLOTMENTS (d) S C A .— the flow of legitimate commerce if imple- SEC. 736. PORT OF ENTRY TECHNOLOGY DEM- (1) BASE ALLOTMENT.—From amounts ap- mented; ONSTRATION PROGRAM. propriated for each fiscal year pursuant to (2) include the projects identified in the (a) ESTABLISHMENT.—The Secretary shall section 724, the Administrator shall allocate National Land Border Security Plan required carry out a technology demonstration pro- $100,000 to each of the highest State court of by section 734; and gram to— each State, which has an application ap- (3) prioritize the projects described in para- (1) test and evaluate new port of entry proved under subsection (c). graphs (1) and (2) based on the ability of a technologies; (2) DISCRETIONARY ALLOTMENT.—From project to— (2) refine port of entry technologies and amounts appropriated for each fiscal year (A) fulfill immediate security require- operational concepts; and pursuant to section 724, the Administrator ments; and (3) train personnel under realistic condi- shall allocate a total of $5,000,000 to the high- (B) facilitate trade across the borders of tions. est State court of States that have extraor- the United States. (b) TECHNOLOGY AND FACILITIES.— dinary needs that must be addressed in order (d) PROJECT IMPLEMENTATION.—The Com- (1) TECHNOLOGY TESTING.—Under the tech- to develop, implement, or expand a State missioner shall implement the infrastruc- nology demonstration program, the Sec- court interpreter program. ture and technology improvement projects retary shall test technologies that enhance (3) ADDITIONAL ALLOTMENT.—In addition to described in subsection (c) in the order of port of entry operations, including oper- the allocations made under paragraphs (1) priority assigned to each project under sub- ations related to— and (2), the Administrator shall allocate to section (c)(3). (A) inspections; each of the highest State court of each (e) DIVERGENCE FROM PRIORITIES.—The (B) communications; State, which has an application approved Commissioner may diverge from the priority (C) port tracking; under subsection (c), an amount equal to the order if the Commissioner determines that (D) identification of persons and cargo; product reached by multiplying— significantly changed circumstances, such as (E) sensory devices; (A) the unallocated balance of the amount immediate security needs or changes in in- (F) personal detection; appropriated for each fiscal year pursuant to frastructure in Mexico or Canada, compel- (G) decision support; and section 724; and lingly alter the need for a project in the (H) the detection and identification of (B) the ratio between the number of people United States. weapons of mass destruction. over 5 years of age who speak a language SEC. 734. NATIONAL LAND BORDER SECURITY (2) DEVELOPMENT OF FACILITIES.—At a dem- other than English at home in the State and PLAN. onstration site selected pursuant to sub- the number of people over 5 years of age who (a) IN GENERAL.—Not later than 1 year section (c)(2), the Secretary shall develop fa- speak a language other than English at home after the date of the enactment of this Act, cilities to provide appropriate training to in all the States that receive an allocation an annually thereafter, the Secretary, after law enforcement personnel who have respon- under paragraph (1), as those numbers are consultation with representatives of Federal, sibility for border security, including— determined by the Bureau of the Census. State, and local law enforcement agencies (A) cross-training among agencies; SEC. 724. AUTHORIZATION OF APPROPRIATIONS. and private entities that are involved in (B) advanced law enforcement training; There are authorized to be appropriated international trade across the northern bor- and $15,000,000 for each of the fiscal years 2007 der or the southern border, shall submit a (C) equipment orientation. (c) DEMONSTRATION SITES.— through 2010 to carry out this subtitle. National Land Border Security Plan to Con- gress. (1) NUMBER.—The Secretary shall carry out Subtitle D—Border Infrastructure and (b) VULNERABILITY ASSESSMENT.— the demonstration program at not less than Technology Modernization (1) IN GENERAL.—The plan required in sub- 3 sites and not more than 5 sites. SEC. 731. SHORT TITLE. section (a) shall include a vulnerability as- (2) SELECTION CRITERIA.—To ensure that at sessment of each port of entry located on the least 1 of the facilities selected as a port of This subtitle may be cited as the ‘‘Border northern border or the southern border. entry demonstration site for the demonstra- Infrastructure and Technology Moderniza- (2) PORT SECURITY COORDINATORS.—The tion program has the most up-to-date design, tion Act’’. Secretary may establish 1 or more port secu- contains sufficient space to conduct the SEC. 732. DEFINITIONS. rity coordinators at each port of entry lo- demonstration program, has a traffic volume In this subtitle: cated on the northern border or the southern low enough to easily incorporate new tech- (1) COMMISSIONER.—The term ‘‘Commis- border— nologies without interrupting normal proc- sioner’’ means the Commissioner of the Bu- (A) to assist in conducting a vulnerability essing activity, and can efficiently carry out reau of Customs and Border Protection of assessment at such port; and demonstration and port of entry operations, the Department of Homeland Security. (B) to provide other assistance with the at least 1 port of entry selected as a dem- (2) MAQUILADORA.—The term preparation of the plan required in sub- onstration site shall— ‘‘maquiladora’’ means an entity located in section (a). (A) have been established not more than 15 Mexico that assembles and produces goods SEC. 735. EXPANSION OF COMMERCE SECURITY years before the date of the enactment of from imported parts for export to the United PROGRAMS. this Act; States. (a) CUSTOMS-TRADE PARTNERSHIP AGAINST (B) consist of not less than 65 acres, with (3) NORTHERN BORDER.—The term ‘‘north- TERRORISM.— the possibility of expansion to not less than ern border’’ means the international border (1) IN GENERAL.—Not later than 180 days 25 adjacent acres; and between the United States and Canada. after the date of enactment of this Act, the (C) have serviced an average of not more (4) SOUTHERN BORDER.—The term ‘‘southern Commissioner, in consultation with the Sec- than 50,000 vehicles per month during the 1- border’’ means the international border be- retary, shall develop a plan to expand the year period ending on the date of the enact- tween the United States and Mexico. size and scope, including personnel, of the ment of this Act.

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(d) RELATIONSHIP WITH OTHER AGENCIES.— termining such admissibility the grounds for engage in employment in the United States The Secretary shall permit personnel from inadmissibility specified in paragraphs (4), during the pendency of such application. an appropriate Federal or State agency to (5), (6)(A), (7)(A), and (9)(B) of section 212(a) (d) AVAILABILITY OF ADMINISTRATIVE RE- utilize a demonstration site described in sub- of the Immigration and Nationality Act (8 VIEW.—The Secretary shall provide to appli- section (c) to test technologies that enhance U.S.C. 1182(a)) shall not apply. cants for adjustment of status under sub- port of entry operations, including tech- (2) RULES IN APPLYING CERTAIN PROVI- section (a) the same right to, and procedures nologies described in subparagraphs (A) SIONS.— for, administrative review as are provided through (H) of subsection (b)(1). (A) IN GENERAL.—In the case of an alien de- to— (e) REPORT.— scribed in subsection (b) who is applying for (1) applicants for adjustment of status (1) REQUIREMENT.—Not later than 1 year adjustment of status under this section— under section 245 of the Immigration and Na- after the date of the enactment of this Act, (i) the provisions of section 241(a)(5) of the tionality Act (8 U.S.C. 1255); or and annually thereafter, the Secretary shall Immigration and Nationality Act (8 U.S.C. (2) aliens subject to removal proceedings submit to Congress a report on the activities 1231(a)(5)) shall not apply; and under section 240 of such Act (8 U.S.C. 1229a). carried out at each demonstration site under (ii) the Secretary may grant the alien a SEC. 743. CANCELLATION OF REMOVAL FOR CER- the technology demonstration program es- waiver on the grounds of inadmissibility TAIN IMMIGRANT VICTIMS OF TER- tablished under this section. under subparagraphs (A) and (C) of section RORISM. (2) CONTENT.—The report submitted under 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)). (a) IN GENERAL.—Subject to the provisions paragraph (1) shall include an assessment by of the Immigration and Nationality Act (8 (B) STANDARDS.—In granting waivers under the Secretary of the feasibility of incor- subparagraph (A)(ii), the Secretary shall use U.S.C. 1101 et seq.), other than subsections porating any demonstrated technology for standards used in granting consent under (b)(1), (d)(1), and (e) of section 240A of such use throughout the Bureau of Customs and subparagraphs (A)(iii) and (C)(ii) of such sec- Act (8 U.S.C. 1229b), the Secretary shall, Border Protection. tion 212(a)(9). under such section 240A, cancel the removal of, and adjust to the status of an alien law- SEC. 737. AUTHORIZATION OF APPROPRIATIONS. (3) RELATIONSHIP OF APPLICATION TO CER- fully admitted for permanent residence, an (a) IN GENERAL.—In addition to any funds TAIN ORDERS.— alien described in subsection (b), if the alien otherwise available, there are authorized to (A) APPLICATION PERMITTED.—An alien applies for such relief. be appropriated— present in the United States who has been (b) ALIENS ELIGIBLE FOR CANCELLATION OF (1) such sums as may be necessary for the ordered excluded, deported, removed, or or- REMOVAL.—The benefits provided by sub- fiscal years 2007 through 2011 to carry out dered to depart voluntarily from the United the provisions of section 733(a); section (a) shall apply to any alien who— States under any provision of the Immigra- (1) was, on September 10, 2001, the spouse, (2) to carry out section 733(d)— tion and Nationality Act (8 U.S.C. 1101 et (A) $100,000,000 for each of the fiscal years child, dependent son, or dependent daughter seq.) may, notwithstanding such order, apply of an alien who died as a direct result of a 2007 through 2011; and for adjustment of status under paragraph (1). (B) such sums as may be necessary in any specified terrorist activity; and (B) MOTION NOT REQUIRED.—An alien de- (2) was deemed to be a beneficiary of, and succeeding fiscal year; scribed in subparagraph (A) may not be re- (3) to carry out section 735(a)— by, the September 11th Victim Compensation quired, as a condition of submitting or Fund of 2001 (49 U.S.C. 40101 note). (A) $30,000,000 for fiscal year 2007, of which granting such application, to file a separate $5,000,000 shall be made available to fund the (c) STAY OF REMOVAL; WORK AUTHORIZA- motion to reopen, reconsider, or vacate such TION.— demonstration project established in section order. 736(a)(2); and (1) IN GENERAL.—The Secretary shall pro- (C) EFFECT OF DECISION.—If the Secretary (B) such sums as may be necessary for the vide by regulation for an alien subject to a grants a request under subparagraph (A), the final order of removal to seek a stay of such fiscal years 2008 through 2011; Secretary shall cancel the order. If the Sec- (4) to carry out section 735(b)— order based on the filing of an application retary renders a final administrative deci- under subsection (a). (A) $5,000,000 for fiscal year 2007; and sion to deny the request, the order shall be (B) such sums as may be necessary for the (2) WORK AUTHORIZATION.—The Secretary effective and enforceable to the same extent shall authorize an alien who has applied for fiscal years 2008 through 2011; and as if the application had not been made. (5) to carry out section 736, provided that cancellation of removal under subsection (a) (b) ALIENS ELIGIBLE FOR ADJUSTMENT OF not more than $10,000,000 may be expended to engage in employment in the United STATUS.—The benefits provided by sub- for technology demonstration program ac- States during the pendency of such applica- section (a) shall apply to any alien who— tivities at any 1 port of entry demonstration tion. (1) was lawfully present in the United (d) MOTIONS TO REOPEN REMOVAL PRO- site in any fiscal year— States as a nonimmigrant alien described in CEEDINGS.— (A) $50,000,000 for fiscal year 2007; and section 101(a)(15) of the Immigration and Na- (1) IN GENERAL.—Notwithstanding any lim- (B) such sums as may be necessary for each tionality Act (8 U.S.C. 1101(a)(15)) on Sep- itation imposed by law on motions to reopen of the fiscal years 2008 through 2011. tember 10, 2001; (b) INTERNATIONAL AGREEMENTS.—Amounts removal proceedings (except limitations pre- authorized to be appropriated under this sub- (2) was, on such date, the spouse, child, de- mised on an alien’s conviction of an aggra- title may be used for the implementation of pendent son, or dependent daughter of an vated felony (as defined in section 101(a)(43) projects described in the Declaration on Em- alien who— of the Immigration and Nationality Act (8 bracing Technology and Cooperation to Pro- (A) was lawfully present in the United U.S.C. 1101(a)(43))), any alien who has become mote the Secure and Efficient Flow of Peo- States as a nonimmigrant alien described in eligible for cancellation of removal as a re- ple and Commerce across our Shared Border section 101(a)(15) of the Immigration and Na- sult of the enactment of this section may file between the United States and Mexico, tionality Act (8 U.S.C. 1101(a)(15)) on such 1 motion to reopen removal proceedings to agreed to March 22, 2002, Monterrey, Mexico date; and apply for such relief. (commonly known as the Border Partnership (B) died as a direct result of a specified ter- (2) FILING PERIOD.—The Secretary shall Action Plan) or the Smart Border Declara- rorist activity; and designate a specific time period in which all tion between the United States and Canada, (3) was deemed to be a beneficiary of, and such motions to reopen are required to be agreed to December 12, 2001, Ottawa, Canada by, the September 11th Victim Compensation filed. The period shall begin not later than 60 that are consistent with the provisions of Fund of 2001 (49 U.S.C. 40101 note). days after the date of enactment of this Act this subtitle. (c) STAY OF REMOVAL; WORK AUTHORIZA- and shall extend for a period not to exceed Subtitle E—Family Humanitarian Relief TION.— 240 days. SEC. 741. SHORT TITLE. (1) IN GENERAL.—The Secretary shall estab- SEC. 744. EXCEPTIONS. This subtitle may be cited as the ‘‘Sep- lish, by regulation, a process by which an Notwithstanding any other provision of tember 11 Family Humanitarian Relief and alien subject to a final order of removal may this subtitle, an alien may not be provided Patriotism Act’’. seek a stay of such order based on the filing relief under this subtitle if the alien is— SEC. 742. ADJUSTMENT OF STATUS FOR CERTAIN of an application under subsection (a). (1) inadmissible under paragraph (2) or (3) NONIMMIGRANT VICTIMS OF TER- (2) DURING CERTAIN PROCEEDINGS.—Not- of section 212(a) of the Immigration and Na- RORISM. withstanding any provision of the Immigra- tionality Act (8 U.S.C. 1182(a)), or deportable (a) ADJUSTMENT OF STATUS.— tion and Nationality Act (8 U.S.C. 1101 et under paragraph (2) or (4) of section 237(a) of (1) IN GENERAL.—The status of any alien seq.), the Secretary shall not order any alien such Act (8 U.S.C. 1227(a)), including any in- described in subsection (b) shall be adjusted to be removed from the United States, if the dividual culpable for a specified terrorist ac- by the Secretary to that of an alien lawfully alien is in removal proceedings under any tivity; or admitted for permanent residence, if the provision of such Act and has applied for ad- (2) a family member of an alien described alien— justment of status under subsection (a), ex- in paragraph (1). (A) applies for such adjustment not later cept where the Secretary has rendered a SEC. 745. EVIDENCE OF DEATH. than 2 years after the date on which the Sec- final administrative determination to deny For purposes of this subtitle, the Secretary retary promulgates final regulations to im- the application. shall use the standards established under plement this section; and (3) WORK AUTHORIZATION.—The Secretary section 426 of the Uniting and Strengthening (B) is otherwise admissible to the United shall authorize an alien who has applied for America by Providing Appropriate Tools Re- States for permanent residence, except in de- adjustment of status under subsection (a) to quired to Intercept and Obstruct Terrorism

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00122 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9981 (USA PATRIOT ACT) Act of 2001 (115 Stat. ‘‘(bb) participation in such league or asso- which the Secretary may deploy along an 362) in determining whether death occurred ciation renders players ineligible, whether international border of the United States; as a direct result of a specified terrorist ac- on a temporary or permanent basis, to earn and tivity. a scholarship in, or participate in, that sport (D) consult with the Administrator of the SEC. 746. DEFINITIONS. at a college or university in the United Federal Aviation Administration regarding (a) APPLICATION OF IMMIGRATION AND NA- States under the rules of the National Colle- safety, airspace coordination and regulation, TIONALITY ACT PROVISIONS.—Except as other- giate Athletic Association (NCAA), and and any other issues necessary for imple- wise specifically provided in this subtitle, ‘‘(cc) a significant number of the individ- mentation of the program. the definitions used in the Immigration and uals who play in such league or association (3) ADDITIONAL REQUIREMENTS.— Nationality Act (8 U.S.C. 1101 et seq.), other are drafted by a major sports league or a (A) IN GENERAL.—The program developed than the definitions applicable exclusively to minor league affiliate of such a sports under this subsection shall include the use of title III of such Act, shall apply in the ad- league, or a variety of aerial surveillance technologies ministration of this subtitle. ‘‘(IV) is a professional athlete or amateur in a variety of topographies and areas, in- (b) SPECIFIED TERRORIST ACTIVITY.—For athlete who performs individually or as part cluding populated and unpopulated areas lo- purposes of this subtitle, the term ‘‘specified of a group in a theatrical ice skating produc- cated on or near an international border of terrorist activity’’ means any terrorist ac- tion, and the United States, in order to evaluate, for a tivity conducted against the Government or ‘‘(ii) seeks to enter the United States tem- range of circumstances— the people of the United States on Sep- porarily and solely for the purpose of per- (i) the significance of previous experiences tember 11, 2001. forming— with such technologies in border security or Subtitle F—Other Matters ‘‘(I) as such an athlete with respect to a critical infrastructure protection; specific athletic competition, or (ii) the cost and effectiveness of various SEC. 751. NONCITIZEN MEMBERSHIP IN THE ARMED FORCES. ‘‘(II) in the case of an individual described technologies for border security, including Section 329 of the Immigration and Nation- in clause (i)(IV), in a specific theatrical ice varying levels of technical complexity; and ality Act (8 U.S.C. 1440) is amended— skating production or tour.’’. (iii) liability, safety, and privacy concerns (1) in subsection (b), by striking ‘‘sub- (b) PETITIONS FOR MULTIPLE ALIENS.—Sec- relating to the utilization of such tech- section (a)’’ and inserting ‘‘subsection (a) tion 214(c)(4) (8 U.S.C. 1184(c)(4)) is amended nologies for border security. and (d)’’; and by adding at the end the following new para- (4) CONTINUED USE OF AERIAL SURVEILLANCE (2) by adding at the end the following: graph: TECHNOLOGIES.—The Secretary may continue ‘‘(d) Notwithstanding any other provision ‘‘(F) The Secretary of Homeland Security the operation of aerial surveillance tech- of law, except for provisions relating to rev- shall permit a petition under this subsection nologies while assessing the effectiveness of ocation of citizenship under subsection (c), to seek classification of more than one alien the utilization of such technologies. individuals who are not United States citi- as a nonimmigrant under section (5) REPORT TO CONGRESS.—Not later than zens shall not be denied the opportunity to 101(a)(15)(P)(i)(a). The fee charged for such a 180 days after implementing the program apply for membership in the United States petition may not be more than the fee under this subsection, the Secretary shall Armed Forces. Such individuals who become charged for a petition seeking classification submit a report to Congress regarding the active duty members of the United States of one such alien.’’. program developed under this subsection. Armed Forces shall, consistent with sub- (c) RELATIONSHIP TO OTHER PROVISIONS OF The Secretary shall include in the report a sections (a) through (e) and with the ap- THE IMMIGRATION AND NATIONALITY ACT.— description of the program together with proval of their chain of command, be granted Section 214(c)(4) (8 U.S.C. 1184(c)(4)), as such recommendations as the Secretary United States citizenship after performing at amended by subsection (c), is further amend- finds appropriate for enhancing the program. least 2 years of honorable and satisfactory ed by adding at the end the following new (6) AUTHORIZATION OF APPROPRIATIONS.— service on active duty. Not later than 90 days paragraph: There are authorized to be appropriated such after such requirements are met with respect ‘‘(G) Notwithstanding any other provision sums as may be necessary to carry out this to an individual, such individual shall be of this title, the Secretary of Homeland Se- subsection. granted United States citizenship. curity shall permit an athlete, or the em- (b) INTEGRATED AND AUTOMATED SURVEIL- ‘‘(e) An alien described in subsection (d) ployer of an athlete, to seek admission to LANCE PROGRAM.— shall be naturalized without regard to the re- the United States for such athlete under a (1) REQUIREMENT FOR PROGRAM.—Subject to quirements of title III of the Immigration provision of this Act other than section the availability of appropriations, the Sec- and Nationality Act (8 U.S.C. 1401 et seq.) 101(a)(15)(P)(i).’’. retary shall establish a program to procure and any other requirements, processes, or SEC. 753. EXTENSION OF RETURNING WORKER additional unmanned aerial vehicles, cam- procedures of the Immigration and Natu- EXEMPTION. eras, poles, sensors, satellites, radar cov- ralization Service, if the alien— Section 402(b)(1) of the Save Our Small and erage, and other technologies necessary to ‘‘(1) filed an application for naturalization Seasonal Businesses Act of 2005 (title IV of achieve operational control of the inter- in accordance with such procedures to carry division B of Public Law 109–13; 8 U.S.C. 1184 national borders of the United States and to out this section as may be established by note) is amended by striking ‘‘2006’’ and in- establish a security perimeter known as a regulation by the Secretary of Homeland Se- serting ‘‘2009’’. ‘‘virtual fence’’ along such international bor- curity or the Secretary of Defense; SEC. 754. SURVEILLANCE TECHNOLOGIES PRO- ders to provide a barrier to illegal immigra- ‘‘(2) demonstrates to his or her military GRAMS. tion. Such program shall be known as the In- chain of command, proficiency in the (a) AERIAL SURVEILLANCE PROGRAM.— tegrated and Automated Surveillance Pro- English language, good moral character, and (1) IN GENERAL.—In conjunction with the gram. knowledge of the Federal Government and border surveillance plan developed under sec- (2) PROGRAM COMPONENTS.—The Secretary United States history, consistent with the tion 5201 of the Intelligence Reform and Ter- shall ensure, to the maximum extent fea- requirements contained in the Immigration rorism Prevention Act of 2004 (Public Law sible, the Integrated and Automated Surveil- and Nationality Act; and 108–458; 8 U.S.C. 1701 note), the Secretary, lance Program is carried out in a manner ‘‘(3) takes the oath required under section not later than 90 days after the date of en- that— 337 of such Act (8 U.S.C. 1448 et seq.) and par- actment of this Act, shall develop and imple- (A) the technologies utilized in the Pro- ticipates in an oath administration cere- ment a program to fully integrate and utilize gram are integrated and function cohesively mony in accordance with such Act.’’. aerial surveillance technologies, including in an automated fashion, including the inte- SEC. 752. NONIMMIGRANT ALIEN STATUS FOR unmanned aerial vehicles, to enhance the se- gration of motion sensor alerts and cameras, CERTAIN ATHLETES. curity of the international border between whereby a sensor alert automatically acti- (a) IN GENERAL.—Section 214(c)(4)(A) (8 the United States and Canada and the inter- vates a corresponding camera to pan and tilt U.S.C. 1184(c)(4)(A)) is amended by striking national border between the United States in the direction of the triggered sensor; clauses (i) and (ii) and inserting the fol- and Mexico. The goal of the program shall be (B) cameras utilized in the Program do not lowing: to ensure continuous monitoring of each have to be manually operated; ‘‘(i)(I) performs as an athlete, individually mile of each such border. (C) such camera views and positions are or as part of a group or team, at an inter- (2) ASSESSMENT AND CONSULTATION RE- not fixed; nationally recognized level of performance; QUIREMENTS.—In developing the program (D) surveillance video taken by such cam- ‘‘(II) is a professional athlete, as defined in under this subsection, the Secretary shall— eras can be viewed at multiple designated section 204(i)(2); (A) consider current and proposed aerial communications centers; ‘‘(III) performs as an athlete, or as a coach, surveillance technologies; (E) a standard process is used to collect, as part of a team or franchise that is located (B) assess the feasibility and advisability catalog, and report intrusion and response in the United States and a member of a for- of utilizing such technologies to address bor- data collected under the Program; eign league or association of 15 or more ama- der threats, including an assessment of the (F) future remote surveillance technology teur sports teams, if— technologies considered best suited to ad- investments and upgrades for the Program ‘‘(aa) the foreign league or association is dress respective threats; can be integrated with existing systems; the highest level of amateur performance of (C) consult with the Secretary of Defense (G) performance measures are developed that sport in the relevant foreign country; regarding any technologies or equipment, and applied that can evaluate whether the

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00123 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9982 CONGRESSIONAL RECORD — SENATE September 21, 2006 Program is providing desired results and in- provide funds to reimburse eligible northern SEC. 757. SOUTHWEST BORDER PROSECUTION creasing response effectiveness in moni- border entities for costs incurred by those INITIATIVE. toring and detecting illegal intrusions along entities for handling case dispositions of (a) REIMBURSEMENT TO STATE AND LOCAL the international borders of the United criminal cases that are federally initiated PROSECUTORS FOR PROSECUTING FEDERALLY States; but federally declined-referred. INITIATED DRUG CASES.—The Attorney Gen- (H) plans are developed under the Program (2) RELATION WITH SOUTHWESTERN BORDER eral shall, subject to the availability of ap- to streamline site selection, site validation, PROSECUTION INITIATIVE.—The program estab- propriations, reimburse Southern Border and environmental assessment processes to lished in paragraph (1) shall— State and county prosecutors for prosecuting minimize delays of installing surveillance (A) be modeled after the Southwestern federally initiated and referred drug cases. technology infrastructure; Border Prosecution Initiative; and (b) AUTHORIZATION OF APPROPRIATIONS.— (I) standards are developed under the Pro- (B) serve as a partner program to that ini- There are authorized to be appropriated gram to expand the shared use of existing tiative to reimburse local jurisdictions for $50,000,000 for each of the fiscal years 2007 private and governmental structures to in- processing Federal cases. through 2012 to carry out subsection (a). stall remote surveillance technology infra- SEC. 758. GRANT PROGRAM TO ASSIST ELIGIBLE (b) PROVISION AND ALLOCATION OF FUNDS.— structure where possible; and APPLICANTS. Funds provided under the program estab- (a) SHORT TITLE.—This section may be (J) standards are developed under the Pro- lished in subsection (a) shall be— cited as the ‘‘Initial Entry, Adjustment, and gram to identify and deploy the use of non- (1) provided in the form of direct reim- Citizenship Assistance Grant Act of 2006’’. permanent or mobile surveillance platforms bursements; and (b) PURPOSE.—The purpose of this section that will increase the Secretary’s mobility (2) allocated in a manner consistent with is to establish a grant program within the and ability to identify illegal border intru- the manner under which funds are allocated Bureau of Citizenship and Immigration Serv- sions. under the Southwestern Border Prosecution ices that provides funding to community- (3) REPORT TO CONGRESS.—Not later than 1 Initiative. based organizations, including community- year after the initial implementation of the based legal service organizations, as appro- Integrated and Automated Surveillance Pro- (c) USE OF FUNDS.—Funds provided to an priate, to develop and implement programs gram, the Secretary shall submit to Con- eligible northern border entity under this to assist eligible applicants for the condi- gress a report regarding the Program. The section may be used by the entity for any tional nonimmigrant worker program estab- Secretary shall include in the report a de- lawful purpose, including: lished under this Act by providing them with scription of the Program together with any (1) Prosecution and related costs; the services described in subsection (d)(2). recommendation that the Secretary finds ap- (2) Court costs; (c) DEFINITIONS.—In this section: propriate for enhancing the program. (3) Costs of courtroom technology; (1) COMMUNITY-BASED ORGANIZATION.—The (4) EVALUATION OF CONTRACTORS.— (4) Costs of constructing holding spaces; term ‘‘community-based organization’’ (A) REQUIREMENT FOR STANDARDS.—The (5) Costs of administrative staff; means a nonprofit, tax-exempt organization, Secretary shall develop appropriate stand- (6) Costs of defense counsel for indigent de- including a faith-based organization, whose ards to evaluate the performance of any con- fendants; and staff has experience and expertise in meeting tractor providing goods or services to carry (7) Detention costs, including pre-trial and the legal, social, educational, cultural edu- out the Integrated and Automated Surveil- post-trial detention. cational, or cultural needs of immigrants, lance Program. (d) DEFINITIONS.—In this section: refugees, persons granted asylum, or persons (B) REVIEW BY THE INSPECTOR GENERAL.— applying for such statuses. The Inspector General of the Department (1) CASE DISPOSITION.—The term ‘‘case dis- position’’— (2) IEACA GRANT.—The term ‘‘IEACA shall timely review each new contract re- grant’’ means an Initial Entry, Adjustment, lated to the Program that has a value of (A) for purposes of the Northern Border Prosecution Initiative, refers to the time be- and Citizenship Assistance Grant authorized more than $5,000,000, to determine whether under subsection (d). such contract fully complies with applicable tween the arrest of a suspect and the resolu- tion of the criminal charges through a coun- (d) ESTABLISHMENT OF INITIAL ENTRY, AD- cost requirements, performance objectives, JUSTMENT, AND CITIZENSHIP ASSISTANCE program milestones, and schedules. The In- ty or State judicial or prosecutorial process; and GRANT PROGRAM.— spector General shall report the findings of (1) GRANTS AUTHORIZED.—The Secretary, such review to the Secretary in a timely (B) does not include incarceration time for sentenced offenders, or time spent by pros- working through the Director of the Bureau manner. Not later than 30 days after the date of Citizenship and Immigration Services, the Secretary receives a report of findings ecutors on judicial appeals. (2) ELIGIBLE NORTHERN BORDER ENTITY.— may award IEACA grants to community- from the Inspector General, the Secretary based organizations. shall submit to the Committee on Homeland The term ‘‘eligible northern border entity’’ means— (2) USE OF FUNDS.—Grants awarded under Security and Governmental Affairs of the this section may be used for the design and Senate and the Committee on Homeland Se- (A) the States of Alaska, Idaho, Maine, Michigan, Minnesota, Montana, New Hamp- implementation of programs to provide the curity of the House of Representatives a re- following services: port of such findings and a description of any shire, New York, North Dakota, Ohio, Penn- sylvania, Vermont, Washington, and Wis- (A) INITIAL APPLICATION.—Assistance and the steps that the Secretary has taken or instruction, including legal assistance, to plans to take in response to such findings. consin; or (B) any unit of local government within a aliens making initial application for treat- (5) AUTHORIZATION OF APPROPRIATIONS.— ment under the program established by sec- There are authorized to be appropriated such State referred to in subparagraph (A). (3) FEDERALLY DECLINED-REFERRED.—The tion 218D of the Immigration and Nation- sums as may be necessary to carry out this ality Act, as added by section 601. Such as- subsection. term ‘‘federally declined-referred’’— (A) means, with respect to a criminal case, sistance may include assisting applicants SEC. 755. COMPREHENSIVE IMMIGRATION EFFI- that a decision has been made in that case in— CIENCY REVIEW. by a United States Attorney or a Federal law (i) screening to assess prospective appli- (a) REVIEW.—The Secretary, in consulta- enforcement agency during a Federal inves- cants’ potential eligibility or lack of eligi- tion with the Secretary of State, shall con- tigation to no longer pursue Federal crimi- bility; duct a comprehensive review of the immigra- nal charges against a defendant and to refer (ii) filling out applications; tion procedures in existence as of the date of such investigation to a State or local juris- (iii) gathering proof of identification, em- the enactment of this Act. diction for possible prosecution; and ployment, residence, and tax payment; (b) REPORT.—Not later than 90 days after (B) includes a decision made on an individ- (iv) gathering proof of relationships of eli- the date of the enactment of this Act, the ualized case-by-case basis as well as a deci- gible family members; Secretary shall submit to Congress a report, sion made pursuant to a general policy or (v) applying for any waivers for which ap- in classified form, if necessary, that— practice or pursuant to prosecutorial discre- plicants and qualifying family members may (1) identifies inefficient immigration pro- tion. be eligible; and cedures; and (4) FEDERALLY INITIATED.—The term ‘‘fed- (vi) any other assistance that the Sec- (2) outlines a plan to improve the effi- erally initiated’’ means, with respect to a retary or grantee considers useful to aliens ciency and responsiveness of the immigra- criminal case, that the case results from a who are interested in filing applications for tion process. criminal investigation or an arrest involving treatment under such section 218D. SEC. 756. NORTHERN BORDER PROSECUTION INI- Federal law enforcement authorities for a (B) ADJUSTMENT OF STATUS.—Assistance TIATIVE. potential violation of Federal criminal law, and instruction, including legal assistance, (a) INITIATIVE REQUIRED.— including investigations resulting from to aliens seeking to adjust their status in ac- (1) IN GENERAL.—From amounts made multi-jurisdictional task forces. cordance with section 245 or 245B of the Im- available to carry out this section, the At- migration and Nationality Act. torney General, acting through the Director (e) AUTHORIZATION OF APPROPRIATIONS.— (C) CITIZENSHIP.—Assistance and instruc- of the Bureau of Justice Assistance of the Of- There are authorized to be appropriated to tion to applicants on— fice of Justice Programs, shall establish and carry out this section $28,000,000 for fiscal (i) the rights and responsibilities of United carry out a program, to be known as the year 2006 and such sums as may be necessary States Citizenship; Northern Border Prosecution Initiative, to for fiscal years thereafter. (ii) English as a second language;

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(iii) civics; or (2) CONDITIONAL NONIMMIGRANT VISA FEES SEC. 761. BORDER SECURITY ON CERTAIN FED- (iv) applying for United States citizenship. AND FINES.—Notwithstanding section ERAL LAND. (3) DURATION AND RENEWAL.— 218D(f)(4) of the Immigration and Nation- (a) DEFINITIONS.—In this section: (A) DURATION.—Each grant awarded under ality Act, as added by section 601, 2 percent (1) PROTECTED LAND.—The term ‘‘protected this section shall be awarded for a period of of the fees and fines collected under section land’’ means land under the jurisdiction of not more than 3 years. 218D of such Act shall be made available for the Secretary concerned. (B) RENEWAL.—The Secretary may renew grants under the Initial Entry, Adjustment, (2) SECRETARY CONCERNED.—The term ‘‘Sec- any grant awarded under this section in 1- and Citizenship Assistance Grant Program retary concerned’’ means— year increments. established under this section. (A) with respect to land under the jurisdic- (4) APPLICATION FOR GRANTS.—Each entity SEC. 759. SCREENING OF MUNICIPAL SOLID tion of the Secretary of Agriculture, the Sec- desiring an IEACA grant under this section WASTE. retary of Agriculture; and shall submit an application to the Secretary (a) DEFINITIONS.—In this section: (B) with respect to land under the jurisdic- at such time, in such manner, and accom- (1) BUREAU.—The term ‘‘ Bureau’’ means tion of the Secretary of the Interior, the Sec- panied by such information as the Secretary the Bureau of Customs and Border Protec- retary of the Interior. may require. tion. (b) SUPPORT FOR BORDER SECURITY (5) ELIGIBLE ORGANIZATIONS.—A commu- (2) COMMERCIAL MOTOR VEHICLE.—The term NEEDS.— nity-based organization applying for a grant ‘‘commercial motor vehicle’’ has the mean- (1) IN GENERAL.—To gain operational con- under this section to provide services de- ing given the term in section 31101 of title 49, trol over the international land borders of scribed in subparagraph (A), (B), or (C)(iv) of United States Code. the United States and to prevent the entry of paragraph (2) may not receive such a grant (3) COMMISSIONER.—The term ‘‘Commis- terrorists, unlawful aliens, narcotics, and unless the organization is— sioner’’ means the Commissioner of the Bu- other contraband into the United States, the (A) recognized by the Board of Immigra- reau. Secretary, in cooperation with the Secretary tion Appeals under section 292.2 of title 8, (4) MUNICIPAL SOLID WASTE.—The term concerned, shall provide— Code of Federal Regulations; or ‘‘municipal solid waste’’ includes sludge (as (A) increased Customs and Border Protec- (B) otherwise directed by an attorney. defined in section 1004 of the Solid Waste tion personnel to secure protected land along (6) SELECTION OF GRANTEES.—Grants award- Disposal Act (42 U.S.C. 6903)). the international land borders of the United ed under this section shall be awarded on a (b) REPORTS TO CONGRESS.—Not later than States; competitive basis. 90 days after the date of enactment of this (B) Federal land resource training for Cus- (7) GEOGRAPHIC DISTRIBUTION OF GRANTS.— Act, the Commissioner shall submit to Con- toms and Border Protection agents dedicated The Secretary shall approve applications gress a report that— to protected land; and under this section in a manner that ensures, (1) indicates whether the methodologies (C) Unmanned Aerial Vehicles, aerial as- to greatest extent practicable, that— and technologies used by the Bureau to sets, Remote Video Surveillance camera sys- (A) not less than 50 percent of the funding screen for and detect the presence of chem- tems, and sensors on protected land that is for grants under this section are awarded to ical, nuclear, biological, and radiological directly adjacent to the international land programs located in the 10 States with the weapons in municipal solid waste are as ef- border of the United States, with priority highest percentage of foreign-born residents; fective as the methodologies and tech- given to units of the National Park System. and nologies used by the Bureau to screen for (2) COORDINATION.—In providing training (B) not less than 20 percent of the funding those materials in other items of commerce for Customs and Border Protection agents for grants under this section are awarded to entering the United States through commer- under paragraph (1)(B), the Secretary shall programs located in States that are not de- cial motor vehicle transport; and coordinate with the Secretary concerned to scribed in subparagraph (A). (2) if the report indicates that the meth- ensure that the training is appropriate to (8) ETHNIC DIVERSITY.—The Secretary shall odologies and technologies used to screen the mission of the National Park Service, ensure that community-based organizations municipal solid waste are less effective than the United States Fish and Wildlife Service, receiving grants under this section provide those used to screen other items of com- the Forest Service, or the relevant agency of services to an ethnically diverse population, merce, identifies the actions that the Bureau the Department of the Interior or the De- to the greatest extent possible. will take to achieve the same level of effec- partment of Agriculture to minimize the ad- (e) LIAISON BETWEEN USCIS AND GRANT- tiveness in the screening of municipal solid verse impact on natural and cultural re- EES.—The Secretary shall establish a liaison waste, including actions necessary to meet sources from border protection activities. between the Bureau of Citizenship and Immi- the need for additional screening tech- (c) INVENTORY OF COSTS AND ACTIVITIES.— gration Services and the community of pro- nologies. The Secretary concerned shall develop and viders of services under this section to as- (c) IMPACT ON COMMERCIAL MOTOR VEHI- submit to the Secretary an inventory of sure quality control, efficiency, and greater costs incurred by the Secretary concerned client willingness to come forward. CLES.—If the Commissioner fails to fully im- relating to illegal border activity, including (f) REPORTS TO CONGRESS.—Not later than plement an action identified under sub- 180 days after the date of the enactment of section (b)(2) before the earlier of the date the cost of equipment, training, recurring this Act, and each subsequent July 1, the that is 180 days after the date on which the maintenance, construction of facilities, res- Secretary shall submit a report to Congress report under subsection (b) is required to be toration of natural and cultural resources, that includes information regarding— submitted or the date that is 180 days after recapitalization of facilities, and operations. (1) the status of the implementation of this the date on which the report is submitted, (d) RECOMMENDATIONS.—The Secretary section; the Secretary shall deny entry into the shall— (2) the grants issued pursuant to this sec- United States of any commercial motor ve- (1) develop joint recommendations with tion; and hicle carrying municipal solid waste until the National Park Service, the United States (3) the results of those grants. the Secretary certifies to Congress that the Fish and Wildlife Service, and the Forest (g) SOURCE OF GRANT FUNDS.— methodologies and technologies used by the Service for an appropriate cost recovery (1) APPLICATION FEES.—The Secretary may Bureau to screen for and detect the presence mechanism relating to items identified in use funds made available under sections of chemical, nuclear, biological, and radio- subsection (c); and 218A(l)(2) and 218D(f)(4)(B) of the Immigra- logical weapons in municipal solid waste are (2) not later than March 31, 2007, submit to tion and Nationality Act, as added by this as effective as the methodologies and tech- the appropriate congressional committees Act, to carry out this section. nologies used by the Bureau to screen for (as defined in section 2 of the Homeland Se- (2) AUTHORIZATION OF APPROPRIATIONS.— those materials in other items of commerce curity Act of 2002 (6 U.S.C. 101)), including (A) AMOUNTS AUTHORIZED.—In addition to entering into the United States through the Subcommittee on National Parks of the the amounts made available under paragraph commercial motor vehicle transport. Senate and the Subcommittee on National (1), there are authorized to be appropriated SEC. 760. ACCESS TO IMMIGRATION SERVICES IN Parks, Recreation and Public Lands of the such additional sums as may be necessary AREAS THAT ARE NOT ACCESSIBLE House of Representatives, the recommenda- for each of the fiscal years 2007 through 2011 BY ROAD. tions developed under paragraph (1). to carry out this section. Notwithstanding any other provision of (e) BORDER PROTECTION STRATEGY.—The (B) AVAILABILITY.—Any amounts appro- law, the Secretary shall permit an employee Secretary, the Secretary of the Interior, and priated pursuant to subparagraph (A) shall of Customs and Border Protection or Immi- the Secretary of Agriculture shall jointly de- remain available until expended. gration and Customs Enforcement who car- velop a border protection strategy that sup- (h) DISTRIBUTION OF FEES AND FINES.— ries out the functions of Customs and Border ports the border security needs of the United (1) H–2C VISA FEES.—Notwithstanding sec- Protection or Immigration and Customs En- States in the manner that best protects— tion 218A(l) of the Immigration and Nation- forcement in a geographic area that is not (1) units of the National Park System; ality Act, as added by section 403, 2 percent accessible by road to carry out any function (2) National Forest System land; of the fees collected under section 218A of that was performed by an employee of the (3) land under the jurisdiction of the such Act shall be made available for grants Immigration and Naturalization Service in United States Fish and Wildlife Service; and under the Initial Entry, Adjustment, and such area prior to the date of the enactment (4) other relevant land under the jurisdic- Citizenship Assistance Grant Program estab- of the Homeland Security Act of 2002 (6 tion of the Department of the Interior or the lished under this section. U.S.C. 101 et seq.). Department of Agriculture.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00125 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9984 CONGRESSIONAL RECORD — SENATE September 21, 2006 SEC. 762. UNMANNED AERIAL VEHICLES. torney General’s discretionary authority ‘‘CHAPTER 6—LANGUAGE OF THE (a) UNMANNED AERIAL VEHICLES AND ASSO- under section 212(d)(5) of the Immigration GOVERNMENT CIATED INFRASTRUCTURE.—The Secretary and Nationality Act; and ‘‘Sec shall acquire and maintain MQ–9 unmanned (B) such alien’s application for adjustment ‘‘161. Declaration of national language aerial vehicles for use on the border, includ- of status shall be considered notwith- ‘‘162. Preserving and enhancing the role of ing related equipment such as— standing section 212(a)(9) of such Act. the national language (1) additional sensors; (d) PROCESSING OF IMMIGRANT VISAS.—Sec- ‘‘§ 161. Declaration of national language (2) critical spares; tion 204(b) (8 U.S.C. 1154), as amended by sec- ‘‘English is the national language of the (3) satellite command and control; and tion 204(b) of this Act, is further amended— United States. (4) other necessary equipment for oper- (1) by striking ‘‘After an investigation’’ ational support. and inserting the following: ‘‘§ 162. Preserving and enhancing the role of (b) AUTHORIZATION OF APPROPRIATIONS.— ‘‘(1) IN GENERAL.—After an investigation’’; the national language (1) IN GENERAL.—There are authorized to be and ‘‘The Government of the United States appropriated to the Secretary to carry out (2) by adding at the end the following: shall preserve and enhance the role of subsection (a)— ‘‘(2) DEATH OF QUALIFYING RELATIVE.— English as the national language of the (A) $178,400,000 for fiscal year 2007; and ‘‘(A) IN GENERAL.—Any alien described in United States of America. Unless otherwise (B) $276,000,000 for fiscal year 2008. paragraph (2) whose qualifying relative died authorized or provided by law, no person has (2) AVAILABILITY OF FUNDS.—Amounts ap- before the completion of immigrant visa a right, entitlement, or claim to have the propriated pursuant to paragraph (1) shall processing may have an immigrant visa ap- Government of the United States or any of remain available until expended. plication adjudicated as if such death had its officials or representatives act, commu- SEC. 763. RELIEF FOR WIDOWS AND ORPHANS. not occurred. An immigrant visa issued be- nicate, perform or provide services, or pro- (a) IN GENERAL.— fore the death of the qualifying relative shall vide materials in any language other than (1) IN GENERAL.—In applying clause (iii) of remain valid after such death. English. If exceptions are made, that does section 201(b)(2)(A) of the Immigration and ‘‘(B) ALIEN DESCRIBED.—An alien is de- not create a legal entitlement to additional Nationality Act, as added by section 504(a), scribed in this paragraph is an alien who— services in that language or any language to an alien whose citizen relative died before ‘‘(i) is an immediate relative (as described other than English. If any forms are issued the date of the enactment of this Act, the in section 201(b)(2)(A)); by the Federal Government in a language alien relative may (notwithstanding the ‘‘(ii) is a family-sponsored immigrant (as other than English (or such forms are com- deadlines specified in such clause) file the described in subsection (a) or (d) of section pleted in a language other than English), the classification petition under section 203); English language version of the form is the 204(a)(1)(A)(ii) of such Act not later than 2 ‘‘(iii) is a derivative beneficiary of an em- sole authority for all legal purposes.’’. years after the date of the enactment of this ployment-based immigrant under section (b) CONFORMING AMENDMENT.—The table of Act. 203(b) (as described in section 203(d)); or chapters for title 4, United States Code, is amended by adding at the end the following: (2) ELIGIBILITY FOR PAROLE.—If an alien ‘‘(iv) is a derivative beneficiary of a diver- was excluded, deported, removed or departed sity immigrant (as described in section ‘‘6. Language of the Government ...... 161’’. voluntarily before the date of the enactment 203(c)).’’. SEC. 768. REQUIREMENTS FOR NATURALIZATION. of this Act based solely upon the alien’s lack (e) NATURALIZATION.—Section 319(a) (8 (a) FINDINGS.—The Senate makes the fol- of classification as an immediate relative (as U.S.C. 1429(a)) is amended by inserting ‘‘(or, lowing findings: defined by 201(b)(2)(A)(ii) of the Immigration if the spouse is deceased, the spouse was a (1) Under United States law (8 U.S.C. and Nationality Act) due to the citizen’s citizen of the United States)’’ after ‘‘citizen 1423(a)), lawful permanent residents of the death— of the United States’’. United States who have immigrated from (A) such alien shall be eligible for parole SEC. 764. TERRORIST ACTIVITIES. foreign countries must, among other require- into the United States pursuant to the At- Section 212(a)(3)(B)(i) (8 U.S.C. ments, demonstrate an understanding of the torney General’s discretionary authority 1182(a)(3)(B)(i)) is amended— English language, United States history and under section 212(d)(5) of such Act; and (1) in subclause (III), by striking ‘‘, under Government, to become citizens of the (B) such alien’s application for adjustment circumstances indicating an intention to United States. of status shall be considered notwith- cause death or serious bodily harm, incited’’ (2) The Department of Homeland Security standing section 212(a)(9) of such Act. and inserting ‘‘incited or advocated’’; and is currently conducting a review of the test- (b) ADJUSTMENT OF STATUS.—Section 245 (8 (2) in subclause (VII), by striking ‘‘or es- ing process used to ensure prospective U.S.C. 1255), as amended by section 408(h) of pouses terrorist activity or persuades others United States citizens demonstrate said this Act, is further amended by adding at the to endorse or espouse’’ and inserting ‘‘es- knowledge of the English language and end the following: pouses, or advocates terrorist activity or United States history and Government for ‘‘(o) APPLICATION FOR ADJUSTMENT OF STA- persuades others to endorse, espouse, or ad- the purpose of redesigning said test. TUS BY SURVIVING SPOUSES, PARENTS, AND vocate’’. (b) DEFINITIONS.—For purposes of this sec- CHILDREN.— SEC. 765. FAMILY UNITY. tion only, the following words are defined: ‘‘(1) IN GENERAL.—Any alien described in Section 212(a)(9) (8 U.S.C. 1182(a)(9)), as (1) KEY DOCUMENTS.—The term ‘‘key docu- paragraph (2) who applies for adjustment of amended by section 212(a) of this Act, is fur- ments’’ means the documents that estab- status before the death of the qualifying rel- ther amended— lished or explained the foundational prin- ative, may have such application adjudicated (1) in subparagraph (C)(ii), by striking ‘‘be- ciples of democracy in the United States, in- as if such death had not occurred. tween—’’ and all that follows and inserting cluding the United States Constitution and ‘‘(2) ALIEN DESCRIBED.—An alien is de- the following: ‘‘between— the amendments to the Constitution (par- scribed in this paragraph is an alien who— ‘‘(I) the alien having been battered or sub- ticularly the Bill of Rights), the Declaration ‘‘(A) is an immediate relative (as described jected to extreme cruelty; and of Independence, the Federalist Papers, and in section 201(b)(2)(A)); ‘‘(II) the alien’s removal, departure from the Emancipation Proclamation. ‘‘(B) is a family-sponsored immigrant (as the United States, reentry or reentries into (2) KEY EVENTS.—The term ‘‘key events’’ described in subsection (a) or (d) of section the United States, or attempted reentry into means the critical turning points in the his- 203); the United States.’’; and tory of the United States (including the ‘‘(C) is a derivative beneficiary of an em- (2) by adding at the end the following: American Revolution, the Civil War, the ployment-based immigrant under section ‘‘(D) WAIVER.— world wars of the twentieth century, the 203(b) (as described in section 203(d)); or ‘‘(i) IN GENERAL.—The Secretary may waive civil rights movement, and the major court ‘‘(D) is a derivative beneficiary of a diver- the application of subparagraphs (B) and (C) decisions and legislation) that contributed to sity immigrant (as described in section for an alien who is a beneficiary of a petition extending the promise of democracy in 203(c)).’’. filed under section 201 or 203 if such petition American life. (c) TRANSITION PERIOD.— was filed not later than the date of the en- (3) KEY IDEAS.—The term ‘‘key ideas’’ (1) IN GENERAL.—Notwithstanding a denial actment of the Comprehensive Immigration means the ideas that shaped the democratic of an application for adjustment of status for Reform Act of 2006. institutions and heritage of the United an alien whose qualifying relative died be- ‘‘(ii) FINE.—An alien who is granted a waiv- States, including the notion of equal justice fore the date of the enactment of this Act, er under clause (i) shall pay a $2,000 fine.’’. under the law, freedom, individualism, such application may be renewed by the SEC. 766. TRAVEL DOCUMENT PLAN. human rights, and a belief in progress. alien through a motion to reopen, without Section 7209 (b)(1) of the Intelligence Re- (4) KEY PERSONS.—The term ‘‘key persons’’ fee, if such motion is filed not later than 2 form and Terrorism Prevention Act of 2004 (8 means the men and women who led the years after such date of enactment. U.S.C. 1185 note) is amended by striking United States as founding fathers, elected of- (2) ELIGIBILITY FOR PAROLE.—If an alien ‘‘January 1, 2008’’ and inserting ‘‘June 1, ficials, scientists, inventors, pioneers, advo- was excluded, deported, removed or departed 2009’’. cates of equal rights, entrepreneurs, and art- voluntarily before the date of the enactment SEC. 767. ENGLISH AS NATIONAL LANGUAGE. ists. of this Act— (a) IN GENERAL.—Title 4, United States (c) GOALS FOR CITIZENSHIP TEST REDE- (A) such alien shall be eligible for parole Code, is amended by adding at the end the SIGN.—The Department of Homeland Secu- into the United States pursuant to the At- following: rity shall establish as goals of the testing

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00126 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9985 process designed to comply with provisions tions of misconduct, corruption, and fraud report that relate to the misconduct, corrup- of (8 U.S.C. 1423(a)) that prospective citi- involving any employee or contract worker tion, and fraud described in subsection zens— of United States Citizenship and Immigra- (a)(1).’’. (1) demonstrate a sufficient understanding tion Services that are not subject to inves- (b) USE OF IMMIGRATION FEES TO COMBAT of the English language for usage in every- tigation by the Inspector General for the De- FRAUD.—Section 286(v)(2)(B) (8 U.S.C. day life; partment; 1356(v)(2)(B)) is amended by adding at the end (2) demonstrate an understanding of Amer- ‘‘(B) ensure that all complaints alleging the following: ‘‘Not less than 20 percent of ican common values and traditions, includ- any violation described in subparagraph (A) the funds made available under this subpara- ing the principles of the Constitution of the are handled and stored in a manner appro- graph shall be used for activities and func- United States, the Pledge of Allegiance, re- priate to their sensitivity; tions described in paragraphs (1) and (4) of spect for the flag of the United States, the ‘‘(C) have access to all records, reports, au- section 453(a) of the Homeland Security Act National Anthem, and voting in public elec- dits, reviews, documents, papers, rec- of 2002 (6 U.S.C. 273(a)).’’. tions; ommendations, or other material available SEC. 773. ADJUSTMENT OF STATUS FOR CERTAIN (3) demonstrate an understanding of the to United States Citizenship and Immigra- PERSECUTED RELIGIOUS MINORI- TIES. history of the United States, including the tion Services, which relate to programs and (a) IN GENERAL.—The Secretary shall ad- key events, key persons, key ideas, and key operations for which the Director is respon- sible under this Act; just the status of an alien to that of an alien documents that shaped the institutions and lawfully admitted for permanent residence if democratic heritage of the United States; ‘‘(D) request such information or assist- ance from any Federal, State, or local gov- the alien— (4) demonstrate an attachment to the prin- (1) is a persecuted religious minority; ciples of the Constitution of the United ernment agency as may be necessary for car- rying out the duties and responsibilities (2) is admissible to the United States as an States and the well being and happiness of immigrant, except as provided under sub- the people of the United States; and under this section; ‘‘(E) require the production of all informa- section (b); (5) demonstrate an understanding of the (3) had an application for asylum pending rights and responsibilities of citizenship in tion, documents, reports, answers, records, accounts, papers, and other data and docu- on May 1, 2003; the United States. (4) applies for such adjustment of status; (d) IMPLEMENTATION.—The Secretary of mentary evidence necessary to carry out the functions under this section— (5) was physically present in the United Homeland Security shall implement changes States on the date the application for such to the testing process designed to ensure ‘‘(i) by subpoena, which shall be enforce- able, in the case of contumacy or refusal to adjustment is filed; and compliance with (8 U.S.C. 1423 (a)) not later (6) pays a fee, in an amount determined by than January 1, 2008. obey, by order of any appropriate United States district court; or the Secretary, for the processing of such ap- SEC. 769. DECLARATION OF ENGLISH. ‘‘(ii) through procedures other than sub- plication. (b) WAIVER OF CERTAIN GROUNDS FOR INAD- English is the common and unifying lan- poenas if obtaining documents or informa- MISSIBILITY.— guage of the United States that helps pro- tion from Federal agencies; (1) INAPPLICABLE PROVISION.—Section vide unity for the people of the United ‘‘(F) administer to, or take from, any per- 212(a)(7) of the Immigration and Nationality States. son an oath, affirmation, or affidavit, as nec- Act (8 U.S.C. 1182(a)(7)) shall not apply to SEC. 770. PRESERVING AND ENHANCING THE essary to carry out the functions under this any adjustment of status under this section. ROLE OF THE ENGLISH LANGUAGE. section, which oath, affirmation, or affi- (2) WAIVER.—The Secretary may waive any The Government of the United States shall davit, if administered or taken by or before other provision of section 212(a) of such Act preserve and enhance the role of English as an agent of the Office of Internal Corruption (except for paragraphs (2) and (3)) if extraor- the common and unifying language of Amer- Investigation shall have the same force and dinary and compelling circumstances war- ica. Nothing herein shall diminish or expand effect as if administered or taken by or be- rant such an adjustment for humanitarian any existing rights under the law of the fore an officer having a seal; purposes, to ensure family unity, or if it is United States relative to services or mate- ‘‘(G) investigate criminal allegations and otherwise in the public interest. rials provided by the Government of the noncriminal misconduct; United States in any language other than ‘‘(H) acquire adequate office space, equip- SEC. 774. ELIGIBILITY OF AGRICULTURAL AND FORESTRY WORKERS FOR CERTAIN English. ment, and supplies as necessary to carry out For the purposes of this section, law is de- LEGAL ASSISTANCE. the functions and responsibilities under this Section 305 of the Immigration Reform and fined as including provisions of the United section; and States Code and the United States Constitu- Control Act of 1986 (8 U.S.C. 1101 note; Public ‘‘(I) be under the direct supervision of the Law 99–603) is amended— tion, controlling judicial decisions, regula- Director.’’; (1) by striking ‘‘section 101(a)(15)(H)(ii)(a) tions, and controlling Presidential Executive (B) in paragraph (2), by striking ‘‘and’’ at of the Immigration and Nationality Act (8 Orders. the end; U.S.C. 1101(a)(15)(H)(ii)(a))’’ and inserting (a) CONFORMING AMENDMENT.—The table of (C) in paragraph (3), by striking the period chapters for title 4, United States Code, is ‘‘item (a) or (b) of section 101(a)(15)(H)(ii) of at the end and inserting ‘‘; and’’; and the Immigration and Nationality Act (8 amended by adding at the end Language of (D) by adding at the end the following: Government of the United States. U.S.C. 1101(a)(15)(H)(ii))’’; and ‘‘(4) establishing the Office of Immigration (2) by inserting ‘‘or forestry’’ after ‘‘agri- SEC. 771. EXCLUSION OF ILLEGAL ALIENS FROM Benefits Fraud Investigation, which shall— cultural’’. CONGRESSIONAL APPORTIONMENT ‘‘(A) conduct administrative investiga- SEC. 775. DESIGNATION OF PROGRAM COUN- TABULATIONS. tions, including site visits, to address immi- In addition to any report under this Act TRIES. gration benefit fraud; Section 217(c)(1) (8 U.S.C. 1187(c)(1)) is the Director of the Bureau of the Census ‘‘(B) assist United States Citizenship and amended to read as follows: shall submit to Congress a report on the im- Immigration Services provide the right ben- ‘‘(1) IN GENERAL.—As soon as any country pact of illegal immigration on the apportion- efit to the right person at the right time; fully meets the requirements under para- ment of Representatives of Congress among ‘‘(C) track, measure, assess, conduct pat- graph (2), the Secretary of Homeland Secu- the several States, and any methods and pro- tern analysis, and report fraud-related data rity, in consultation with the Secretary of cedures that the Director determines to be to the Director; and State, shall designate such country as a pro- feasible and appropriate, to ensure that indi- ‘‘(D) work with counterparts in other Fed- gram country.’’. viduals who are found by an authorized Fed- eral agencies on matters of mutual interest SEC. 776. GLOBAL HEALTHCARE COOPERATION. eral agency to be unlawfully present in the or information-sharing relating to immigra- United States are not counted in tabulating (a) GLOBAL HEALTHCARE COOPERATION.— tion benefit fraud.’’; and Title III (8 U.S.C. 1401 et seq.) is amended by population for purposes of apportionment of (3) by adding at the end the following: inserting after section 317 the following: Representatives in Congress among the sev- ‘‘(c) ANNUAL REPORT.—The Director, in eral States. ‘‘SEC. 317A. TEMPORARY ABSENCE OF ALIENS consultation with the Office of Internal Cor- PROVIDING HEALTHCARE IN DEVEL- SEC. 772. OFFICE OF INTERNAL CORRUPTION IN- ruption Investigations, shall submit an an- OPING COUNTRIES. VESTIGATION. nual report to the Committee on the Judici- ‘‘(a) IN GENERAL.—Notwithstanding any (a) INTERNAL CORRUPTION; BENEFITS ary of the Senate and the Committee on the other provision of this Act, the Secretary of FRAUD.—Section 453 of the Homeland Secu- Judiciary of the House of Representatives Homeland Security shall allow an eligible rity Act of 2002 (6 U.S.C. 273) is amended— that describes— alien and the spouse or child of such alien to (1) by striking ‘‘the Bureau of’’ each place ‘‘(1) the activities of the Office, including reside in a candidate country during the pe- it appears and inserting ‘‘United States’’; the number of investigations began, com- riod that the eligible alien is working as a (2) in subsection (a)— pleted, pending, turned over to the Inspector physician or other healthcare worker in a (A) by striking paragraph (1) and inserting General for criminal investigations, and candidate country. During such period the the following: turned over to a United States Attorney for eligible alien and such spouse or child shall ‘‘(1) establishing the Office of Internal Cor- prosecution; and be considered— ruption Investigation, which shall— ‘‘(2) the types of allegations investigated ‘‘(1) to be physically present and residing ‘‘(A) receive, process, administer, and in- by the Office during the 12-month period im- in the United States for purposes of natu- vestigate criminal and noncriminal allega- mediately preceding the submission of the ralization under section 316(a); and

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‘‘(2) to meet the continuous residency re- (1) Section 101(a)(13)(C)(ii) (8 U.S.C. (1) EFFECTIVE DATE.—The amendment quirements under section 316(b). 1101(a)(13)(C)(ii)) is amended by adding at the made by subsection (a) shall become effec- ‘‘(b) DEFINITIONS.—In this section: end ‘‘except in the case of an eligible alien, tive 180 days after the date of the enactment ‘‘(1) CANDIDATE COUNTRY.—The term ‘can- or the spouse or child of such alien, author- of this Act. didate country’ means a country that the ized to be absent from the United States pur- (2) APPLICATION BY THE SECRETARY.—The Secretary of State determines is— suant to section 317A,’’. Secretary shall begin to carry out the sub- ‘‘(A) eligible for assistance from the Inter- (2) Section 211(b) (8 U.S.C. 1181(b)) is paragraph (E) of section 212(a)(5) of the Im- national Development Association, in which amended by inserting ‘‘, including an eligible migration and Nationality Act (8 U.S.C. the per capita income of the country is equal alien authorized to reside in a foreign coun- 1182(a)(5)), as added by subsection (a), not to or less than the historical ceiling of the try pursuant to section 317A and the spouse later than the effective date described in International Development Association for or child of such eligible alien, if appro- paragraph (1), including the requirement for the applicable fiscal year, as defined by the priate,’’ after ‘‘101(a)(27)(A),’’. the attestation and the granting of a waiver International Bank for Reconstruction and (3) Section 212(a)(7)(A)(i)(I) (8 U.S.C. described in such subparagraph, regardless of Development; 1182(a)(7)(A)(i)(I)) is amended by inserting whether regulations to implement such sub- ‘‘(B) classified as a lower middle income ‘‘other than an eligible alien authorized to paragraph have been promulgated. country in the then most recent edition of reside in a foreign country pursuant to sec- SEC. 778. PUBLIC ACCESS TO THE STATUE OF the World Development Report for Recon- tion 317A and the spouse or child of such eli- LIBERTY. struction and Development published by the gible alien, if appropriate,’’ after ‘‘Act,’’. Not later than 60 days after the date of the International Bank for Reconstruction and (4) Section 319(b)(1)(B) (8 U.S.C. enactment of this Act, the Secretary of the Development and having an income greater 1430(b)(1)(B)) is amended by inserting ‘‘an eli- Interior shall ensure that all persons who than the historical ceiling for International gible alien who is residing or has resided in satisfy reasonable and appropriate security Development Association eligibility for the a foreign country pursuant to section 317A’’ measures shall have full access to the public areas of the Statue of Liberty, including the applicable fiscal year; or before ‘‘and’’ at the end. crown and the stairs leading thereto. ‘‘(C) qualifies to be a candidate country (5) The table of contents is amended by in- due to special circumstances, including nat- serting after the item relating to section 317 SEC. 779. NATIONAL SECURITY DETERMINATION. ural disasters or public health emergencies. the following: Notwithstanding any other provision of this Act, the President shall ensure that no ‘‘(2) ELIGIBLE ALIEN.—The term ‘eligible ‘‘Sec. 317A. Temporary absence of aliens provision of title IV or title VI of this Act, alien’ means an alien who— providing healthcare in devel- or any amendment made by either such title, ‘‘(A) has been lawfully admitted to the oping countries’’. is carried out until after the date on which United States for permanent residence; and (d) AUTHORIZATION OF APPROPRIATIONS.— the President makes a determination that ‘‘(B) is a physician or other healthcare There are authorized to be appropriated to the implementation of such title IV and title worker. the Bureau of Citizenship and Immigration VI, and the amendments made by either such ‘‘(c) CONSULTATION.—The Secretary of Services such sums as may be necessary to title, will strengthen the national security of Homeland Security shall consult with the carry out this section and the amendments the United States. Secretary of State in carrying out this sub- made by this section. TITLE VIII—INTERCOUNTRY ADOPTION section. SEC. 777. ATTESTATION BY HEALTHCARE WORK- REFORM ‘‘(d) PUBLICATION.—The Secretary of State ERS. SEC. 801. SHORT TITLE. shall publish— (a) REQUIREMENT FOR ATTESTATION.—Sec- ‘‘(1) not later than 6 months after the date This title may be cited as the ‘‘Inter- tion 212(a)(5) (8 U.S.C. 1182(a)(5)) is amended country Adoption Reform Act of 2006’’ or the of the enactment of the Comprehensive Im- by adding at the end the following new sub- ‘‘ICARE Act’’. migration Reform Act of 2006, and annually paragraph: SEC. 802. FINDINGS; PURPOSES. thereafter, a list of candidate countries; and ‘‘(E) HEALTHCARE WORKERS WITH OTHER OB- ‘‘(2) an immediate amendment to such list (a) FINDINGS.—Congress finds the fol- LIGATIONS.— lowing: at any time to include any country that ‘‘(i) IN GENERAL.—An alien who seeks to (1) That a child, for the full and harmo- qualifies as a candidate country due to spe- enter the United States for the purpose of nious development of his or her personality, cial circumstances under subsection performing labor as a physician or other should grow up in a family environment, in (b)(1)(C).’’. healthcare worker is inadmissible unless the an atmosphere of happiness, love, and under- ULEMAKING.— (b) R alien submits to the Secretary of Homeland standing. (1) REQUIREMENT.—Not later than 6 months Security or the Secretary of State, as appro- (2) That intercountry adoption may offer after the date of the enactment of this Act, priate, an attestation that the alien is not the advantage of a permanent family to a the Secretary shall promulgate regulations seeking to enter the United States for such child for whom a suitable family cannot be to carry out the amendments made by this purpose during any period in which the alien found in his or her country of origin. section. has an outstanding obligation to the govern- (3) There has been a significant growth in (2) CONTENT.—The regulations required by ment of the alien’s country of origin or the intercountry adoptions. In 1990, Americans paragraph (1) shall— alien’s country of residence. adopted 7,093 children from abroad. In 2004, (A) permit an eligible alien (as defined in ‘‘(ii) OBLIGATION DEFINED.—In this subpara- they adopted 23,460 children from abroad. section 317A of the Immigration and Nation- graph, the term ‘obligation’ means an obliga- (4) Americans increasingly seek to create ality Act, as added by subsection (a)) and the tion incurred as part of a valid, voluntary in- or enlarge their families through inter- spouse or child of the eligible alien to reside dividual agreement in which the alien re- country adoptions. in a foreign country to work as a physician ceived financial assistance to defray the (5) There are many children worldwide that or other healthcare worker as described in costs of education or training to qualify as a are without permanent homes. subsection (a) of such section 317A for not physician or other healthcare worker in con- (6) In the interest of children without a less than a 12-month period and not more sideration for a commitment to work as a permanent family and the United States citi- than a 24-month period, and shall permit the physician or other healthcare worker in the zens who are waiting to bring them into Secretary to extend such period for an addi- alien’s country of origin or the alien’s coun- their families, reforms are needed in the tional period not to exceed 12 months, if the try of residence. intercountry adoption process used by Secretary determines that such country has ‘‘(iii) WAIVER.—The Secretary of Homeland United States citizens. a continuing need for such a physician or Security may waive a finding of inadmis- (7) Before adoption, each child should have other healthcare worker; sibility under clause (i) if the Secretary de- the benefit of measures taken to ensure that (B) provide for the issuance of documents termines that— intercountry adoption is in his or her best by the Secretary to such eligible alien, and ‘‘(I) the obligation was incurred by coer- interest and that prevents the abduction, such spouse or child, if appropriate, to dem- cion or other improper means; selling, or trafficking of children. onstrate that such eligible alien, and such ‘‘(II) the alien and the government of the (8) In addition, Congress recognizes that spouse or child, if appropriate, is authorized country to which the alien has an out- foreign-born adopted children do not make to reside in such country under such section standing obligation have reached a valid, the decision whether to immigrate to the 317A; and voluntary agreement, pursuant to which the United States. They are being chosen by (C) provide for an expedited process alien’s obligation has been deemed satisfied, Americans to become part of their imme- through which the Secretary shall review ap- or the alien has shown to the satisfaction of diate families. plications for such an eligible alien to reside the Secretary that the alien has been unable (9) As such these children should not be in a foreign country pursuant to subsection to reach such an agreement because of coer- classified as immigrants in the traditional (a) of such section 317A if the Secretary of cion or other improper means; or sense. Once fully and finally adopted, they State determines a country is a candidate ‘‘(III) the obligation should not be enforced should be treated as children of United country pursuant to subsection (b)(1)(C) of due to other extraordinary circumstances, States citizens. such section 317A. including undue hardship that would be suf- (10) Since a child who is fully and finally (c) TECHNICAL AND CONFORMING AMEND- fered by the alien in the absence of a waiv- adopted is entitled to the same rights, du- MENTS.—The Immigration and Nationality er.’’. ties, and responsibilities as a biological Act is amended as follows: (b) EFFECTIVE DATE AND APPLICATION.— child, the law should reflect such equality.

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(11) Therefore, foreign-born adopted chil- ment of State, an Office of Intercountry (ii) ANNUAL REPORT ON INTERCOUNTRY ADOP- dren of United States citizens should be ac- Adoptions which shall be headed by the Am- TION.—Not later than September 1 of each corded the same procedural treatment as bi- bassador at Large for Intercountry Adop- year, the Secretary of State shall prepare ological children born abroad to a United tions. and submit to Congress an annual report on States citizen. (b) AMBASSADOR AT LARGE.— intercountry adoption. Each annual report (12) If a United States citizen can confer (1) APPOINTMENT.—The Ambassador at shall include— citizenship to a biological child born abroad, Large shall be appointed by the President, (I) a description of the status of child pro- then the same citizen is entitled to confer by and with the advice and consent of the tection and adoption in each foreign coun- such citizenship to their legally and fully Senate, from among individuals who have try, including— adopted foreign-born child immediately upon background, experience, and training in (aa) trends toward improvement in the final adoption. intercountry adoptions. welfare and protection of children and fami- lies; (13) If a United States citizen cannot con- (2) CONFLICTS OF INTEREST.—The individual fer citizenship to a biological child born appointed to be the Ambassador at Large (bb) trends in family reunification, domes- abroad, then such citizen cannot confer citi- shall be free from any conflict of interest tic adoption, and intercountry adoption; zenship to their legally and fully adopted that could impede such individual’s ability (cc) movement toward ratification and im- foreign-born child, except through the natu- to serve as the Ambassador. plementation of the Convention; and (dd) census information on the number of ralization process. (3) AUTHORITY.—The Ambassador at Large children in orphanages, foster homes, and (b) PURPOSES.—The purposes of this title shall report directly to the Secretary of other types of nonpermanent residential care are— State, in consultation with the Assistant as reported by the foreign country; (1) to ensure the any adoption of a foreign- Secretary for Consular Affairs. (II) the number of intercountry adoptions born child by parents in the United States is (4) REGULATIONS.—The Ambassador at by United States citizens, including the carried out in the manner that is in the best Large may not issue rules or regulations un- country from which each child emigrated, interest of the child; less such rules or regulations have been ap- the State in which each child resides, and (2) to ensure that foreign-born children proved by the Secretary of State. the country in which the adoption was final- adopted by United States citizens will be (5) DUTIES OF THE AMBASSADOR AT LARGE.— treated identically to a biological child born ized; The Ambassador at Large shall have the fol- (III) the number of intercountry adoptions abroad to the same citizen parent; and lowing responsibilities: (3) to improve the intercountry adoption involving emigration from the United (A) IN GENERAL.—The primary responsibil- States, including the country where each process to make it more citizen friendly and ities of the Ambassador at Large shall be— focused on the protection of the child. child now resides and the State from which (i) to ensure that any adoption of a for- each child emigrated; SEC. 803. DEFINITIONS. eign-born child by parents in the United In this title: (IV) the number of placements for adoption States is carried out in the manner that is in in the United States that were disrupted, in- (1) ADOPTABLE CHILD.—The term ‘‘adopt- the best interest of the child; and cluding the country from which the child able child’’ has the same meaning given such (ii) to assist the Secretary of State in ful- term in section 101(c)(3) of the Immigration emigrated, the age of the child, the date of filling the responsibilities designated to the the placement for adoption, the reasons for and Nationality Act (8 U.S.C. 1101(c)(3)), as central authority under title I of the Inter- added by section 824(a) of this Act. the disruption, the resolution of the disrup- country Adoption Act of 2000 (42 U.S.C. 14911 tion, the agencies that handled the place- (2) AMBASSADOR AT LARGE.—The term et seq.). ment for adoption, and the plans for the ‘‘Ambassador at Large’’ means the Ambas- (B) ADVISORY ROLE.—The Ambassador at child, and in addition, any information re- sador at Large for Intercountry Adoptions Large shall be a principal advisor to the garding disruption or dissolution of adop- appointed to head the Office pursuant to sec- President and the Secretary of State regard- tions of children from other countries re- tion 811(b). ing matters affecting intercountry adoption ceived pursuant to section 422(b)(14) of the (3) COMPETENT AUTHORITY.—The term and the general welfare of children abroad Social Security Act (42 U.S.C. 622(b)(14)); ‘‘competent authority’’ means the entity or and shall make recommendations regard- (V) the average time required for comple- entities authorized by the law of the child’s ing— tion of an adoption, set forth by the country country of residence to engage in permanent (i) the policies of the United States with from which the child emigrated; placement of children who are no longer in respect to the establishment of a system of (VI) the current list of agencies accredited the legal or physical custody of their biologi- cooperation among the parties to the Con- and persons approved under the Intercountry cal parents. vention; Adoption Act of 2000 (42 U.S.C. 14901 et seq.) (4) CONVENTION.—The term ‘‘Convention’’ (ii) the policies to prevent abandonment, to provide adoption services; means the Convention on Protection of Chil- to strengthen families, and to advance the (VII) the names of the agencies and persons dren and Co-operation in Respect of Inter- placement of children in permanent families; temporarily or permanently debarred under country Adoption, done at The Hague on and the Intercountry Adoption Act of 2000 (42 May 29, 1993. (iii) policies that promote the protection U.S.C. 14901 et seq.), and the reasons for the (5) FULL AND FINAL ADOPTION.—The term and well-being of children. debarment; ‘‘full and final adoption’’ means an adop- (C) DIPLOMATIC REPRESENTATION.—Subject (VIII) the range of adoption fees involving tion— to the direction of the President and the Sec- adoptions by United States citizens and the (A) that is completed according to the laws retary of State, the Ambassador at Large median of such fees set forth by the country of the child’s country of residence or the may represent the United States in matters of origin; State law of the parent’s residence; and cases relevant to international adoption (IX) the range of fees charged for accredi- (B) under which a person is granted full in— tation of agencies and the approval of per- and legal custody of the adopted child; (i) fulfillment of the responsibilities des- sons in the United States engaged in pro- (C) that has the force and effect of severing ignated to the central authority under title viding adoption services under the Conven- the child’s legal ties to the child’s biological I of the Intercountry Adoption Act of 2000 (42 tion; and parents; U.S.C. 14911 et seq.); (X) recommendations of ways the United (D) under which the adoptive parents meet (ii) contacts with foreign governments, States might act to improve the welfare and the requirements of section 825; and intergovernmental organizations, and spe- protection of children and families in each (E) under which the child has been adju- cialized agencies of the United Nations and foreign country. dicated to be an adoptable child in accord- other international organizations of which (c) FUNCTIONS OF OFFICE.—The Office shall ance with section 826. the United States is a member; and have the following 7 functions: (6) OFFICE.—The term ‘‘Office’’ means the (iii) multilateral conferences and meetings (1) APPROVAL OF A FAMILY TO ADOPT.—To Office of Intercountry Adoptions established relevant to international adoption. approve or disapprove the eligibility of a under section 811(a). (D) INTERNATIONAL POLICY DEVELOPMENT.— United States citizen to adopt a child born in (7) READILY APPROVABLE.—A petition or The Ambassador at Large shall advise and a foreign country. certification is ‘‘readily approvable’’ if the support the Secretary of State and other rel- (2) CHILD ADJUDICATION.—To investigate documentary support provided along with evant Bureaus of the Department of State in and adjudicate the status of a child born in such petition or certification demonstrates the development of sound policy regarding a foreign country to determine whether that that the petitioner satisfies the eligibility child protection and intercountry adoption. child is an adoptable child. requirements and no additional information (E) REPORTING RESPONSIBILITIES.—The Am- (3) FAMILY SERVICES.—To provide assist- or investigation is necessary. bassador at Large shall have the following ance to United States citizens engaged in the Subtitle A—Administration of Intercountry reporting responsibilities: intercountry adoption process in resolving Adoptions (i) IN GENERAL.—The Ambassador at Large problems with respect to that process and to SEC. 811. OFFICE OF INTERCOUNTRY ADOP- shall assist the Secretary of State and other track intercountry adoption cases so as to TIONS. relevant Bureaus in preparing those portions ensure that all such adoptions are processed (a) ESTABLISHMENT.—Not later than 180 of the Human Rights Reports that relate to in a timely manner. days after the date of enactment of this Act, the abduction, sale, and trafficking of chil- (4) INTERNATIONAL POLICY DEVELOPMENT.— there shall be established within the Depart- dren. To advise and support the Ambassador at

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00129 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9988 CONGRESSIONAL RECORD — SENATE September 21, 2006 Large and other relevant Bureaus of the De- the United States with respect to the adop- ized official, a court of competent jurisdic- partment of State in the development of tion of foreign-born children by United tion, or operation of law, except that any sound policy regarding child protection and States citizens and their admission to the collective bargaining agreement shall re- intercountry adoption. United States that have been vested by stat- main in effect until the date of termination (5) CENTRAL AUTHORITY.—To assist the Sec- ute in, or exercised by, the Secretary of specified in the agreement. retary of State in carrying out duties of the Homeland Security immediately prior to the (b) PROCEEDINGS.— central authority as defined in section 3 of effective date of this Act, are transferred to (1) PENDING.—The transfer of functions the Intercountry Adoption Act of 2000 (42 the Secretary of State on the effective date under section 814 shall not affect any pro- U.S.C. 14902). of this Act and shall be carried out by the ceeding or any application for any benefit, (6) ENFORCEMENT.—To investigate, either Ambassador at Large, under the supervision service, license, permit, certificate, or finan- directly or in cooperation with other appro- of the Secretary of State, in accordance with cial assistance pending on the effective date priate international, Federal, State, or local applicable laws and this Act. of this subtitle before an office whose func- entities, improprieties relating to inter- (b) EXERCISE OF AUTHORITIES.—Except as tions are transferred pursuant to this sub- country adoption, including issues of child otherwise provided by law, the Ambassador title, but such proceedings and applications protection, birth family protection, and con- at Large may, for purposes of performing shall be continued. sumer fraud. any function transferred to the Ambassador (2) ORDERS.—Orders shall be issued in such (7) ADMINISTRATION.—To perform adminis- at Large under subsection (a), exercise all proceedings, appeals shall be taken there- trative functions related to the functions authorities under any other provision of law from, and payments shall be made pursuant performed under paragraphs (1) through (6), that were available with respect to the per- to such orders, as if this Act had not been en- including legal functions and congressional formance of that function to the official re- acted, and orders issued in any such pro- liaison and public affairs functions. sponsible for the performance of the function ceeding shall continue in effect until modi- (d) ORGANIZATION.— immediately before the effective date of the fied, terminated, superseded, or revoked by a (1) IN GENERAL.—All functions of the Office transfer of the function pursuant to this sub- duly authorized official, by a court of com- shall be performed by officers employed in a title. petent jurisdiction, or by operation of law. central office located in Washington, D.C. (c) LIMITATION ON TRANSFER OF PENDING (3) DISCONTINUANCE OR MODIFICATION.— Within that office, there shall be 7 divisions ADOPTIONS.—If an individual has filed a peti- Nothing in this section shall be considered to corresponding to the 7 functions of the Of- tion with the Immigration and Naturaliza- prohibit the discontinuance or modification fice. The director of each such division shall tion Service or the Department of Homeland of any such proceeding under the same terms report directly to the Ambassador at Large. Security with respect to the adoption of a and conditions and to the same extent that (2) APPROVAL TO ADOPT.—The division re- foreign-born child prior to the date of enact- such proceeding could have been discon- sponsible for approving parents to adopt ment of this Act, the Secretary of Homeland tinued or modified if this section had not shall be divided into regions of the United Security shall have the authority to make been enacted. States as follows: the final determination on such petition and (c) SUITS.—This subtitle shall not affect (A) Northwest. such petition shall not be transferred to the suits commenced before the effective date of (B) Northeast. Office. this subtitle, and in all such suits, pro- (C) Southwest. SEC. 815. TRANSFER OF RESOURCES. ceeding shall be had, appeals taken, and (D) Southeast. Subject to section 1531 of title 31, United judgments rendered in the same manner and (E) Midwest. States Code, upon the effective date of this with the same effect as if this Act had not (F) West. Act, there are transferred to the Ambassador been enacted. (3) CHILD ADJUDICATION.—To the extent at Large for appropriate allocation in ac- (d) NONABATEMENT OF ACTIONS.—No suit, practicable, the division responsible for the cordance with this Act, the assets, liabil- action, or other proceeding commenced by or adjudication of foreign-born children as ities, contracts, property, records, and unex- against the Department of State, the Immi- adoptable shall be divided by world regions pended balance of appropriations, authoriza- gration and Naturalization Service, or the which correspond to the world regions used tions, allocations, and other funds employed, Department of Homeland Security, or by or by other divisions within the Department of held, used, arising from, available to, or to against any individual in the official capac- State. be made available to the Department of ity of such individual as an officer or em- (4) USE OF INTERNATIONAL FIELD OFFICERS.— Homeland Security in connection with the ployee in connection with a function trans- Nothing in this section shall be construed to functions transferred pursuant to this sub- ferred pursuant to this section, shall abate prohibit the use of international field offi- title. by reason of the enactment of this Act. cers posted abroad, as necessary, to fulfill SEC. 816. INCIDENTAL TRANSFERS. (e) CONTINUANCE OF SUIT WITH SUBSTI- the requirements of this Act. The Ambassador at Large may make such TUTION OF PARTIES.—If any Government offi- (5) COORDINATION.—The Ambassador at additional incidental dispositions of per- cer in the official capacity of such officer is Large shall coordinate with appropriate em- sonnel, assets, liabilities, grants, contracts, party to a suit with respect to a function of ployees of other agencies and departments of property, records, and unexpended balances the officer, and pursuant to this subtitle the United States, whenever appropriate, in of appropriations, authorizations, alloca- such function is transferred to any other of- carrying out the duties of the Ambassador. tions, and other funds held, used, arising ficer or office, then such suit shall be contin- (e) QUALIFICATIONS AND TRAINING.—In addi- from, available to, or to be made available in ued with the other officer or the head of such tion to meeting the employment require- connection with such functions, as may be other office, as applicable, substituted or ments of the Department of State, officers necessary to carry out this subtitle. The Am- added as a party. employed in any of the 7 divisions of the Of- bassador at Large shall provide for such fur- (f) ADMINISTRATIVE PROCEDURE AND JUDI- fice shall undergo extensive and specialized ther measures and dispositions as may be CIAL REVIEW.—Except as otherwise provided training in the laws and processes of inter- necessary to effectuate the purposes of this by this subtitle, any statutory requirements country adoption as well as understanding subtitle. relating to notice, hearings, action upon the the cultural, medical, emotional, and social SEC. 817. SAVINGS PROVISIONS. record, or administrative or judicial review issues surrounding intercountry adoption (a) LEGAL DOCUMENTS.—All orders, deter- that apply to any function transferred pursu- and adoptive families. The Ambassador at minations, rules, regulations, permits, ant to any provision of this subtitle shall Large shall, whenever possible, recruit and grants, loans, contracts, agreements, includ- apply to the exercise of such function by the hire individuals with background and experi- ing collective bargaining agreements, certifi- head of the office, and other officers of the ence in intercountry adoptions, taking care cates, licenses, and privileges— office, to which such function is transferred to ensure that such individuals do not have (1) that have been issued, made, granted, or pursuant to such provision. any conflicts of interest that might inhibit allowed to become effective by the Presi- their ability to serve. Subtitle B—Reform of United States Laws (f) USE OF ELECTRONIC DATABASES AND FIL- dent, the Ambassador at Large, the former Governing Intercountry Adoptions Commissioner of the Immigration and Natu- ING.—To the extent possible, the Office shall SEC. 821. AUTOMATIC ACQUISITION OF CITIZEN- make use of centralized, electronic databases ralization Service, or the Secretary of Home- SHIP FOR ADOPTED CHILDREN and electronic form filing. land Security, or their delegates, or any BORN OUTSIDE THE UNITED SEC. 812. RECOGNITION OF CONVENTION ADOP- other Government official, or by a court of STATES. TIONS IN THE UNITED STATES. competent jurisdiction, in the performance (a) AUTOMATIC CITIZENSHIP PROVISIONS.— Section 505(a)(1) of the Intercountry Adop- of any function that is transferred pursuant (1) AMENDMENT OF THE INA.—Section 320 of tion Act of 2000 (42 U.S.C. 14901 note) is to this subtitle; and the Immigration and Nationality Act (8 amended by inserting ‘‘301, 302,’’ after ‘‘205,’’. (2) that are in effect on the effective date U.S.C. 1431) is amended to read as follows: SEC. 813. TECHNICAL AND CONFORMING AMEND- of such transfer (or become effective after ‘‘SEC. 320. CONDITIONS FOR AUTOMATIC CITI- MENT. such date pursuant to their terms as in ef- ZENSHIP FOR CHILDREN BORN OUT- Section 104 of the Intercountry Adoption fect on such effective date); SIDE THE UNITED STATES. Act of 2000 (42 U.S.C. 14914) is repealed. shall continue in effect according to their ‘‘(a) IN GENERAL.—A child born outside of SEC. 814. TRANSFER OF FUNCTIONS. terms until modified, terminated, super- the United States automatically becomes a (a) IN GENERAL.—Subject to subsection (c), seded, set aside, or revoked in accordance citizen of the United States— all functions under the immigration laws of with law by the President, any other author- ‘‘(1) if the child is not an adopted child—

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00130 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9989 ‘‘(A) at least 1 parent of the child is a cit- Birth for a child who satisfies the require- ‘‘(s) In the case of a nonimmigrant de- izen of the United States, whether by birth ments of section 320(a)(2) of the Immigration scribed in section 101(a)(15)(W), the period of or naturalization, who has been physically and Nationality Act (8 U.S.C. 1431(a)(2)), as authorized admission shall terminate on the present (as determined under subsection (b)) amended by section 821 of this Act, upon ap- earlier of— in the United States or its outlying posses- plication by a United States citizen parent. ‘‘(1) the date on which the adoption of the sions for a period or periods totaling not less (2) An adopted child described in paragraph nonimmigrant is completed by the courts of than 5 years, at least 2 of which were after (1) shall not require the issuance of a visa for the State where the parents reside; or attaining the age of 14 years; and travel and admission to the United States ‘‘(2) the date that is 4 years after the date ‘‘(B) the child is under the age of 18 years; but shall be admitted to the United States of admission of the nonimmigrant into the or upon presentation of a valid, unexpired United States, unless a petitioner is able to ‘‘(2) if the child is an adopted child, on the United States passport. show cause as to why the adoption could not date of the full and final adoption of the (3) No affidavit of support under section be completed prior to such date and the Sec- child— 213A of the Immigration and Nationality Act retary of State extends such period for the ‘‘(A) at least 1 parent of the child is a cit- (8 U.S.C. 1183a) shall be required in the case period necessary to complete the adoption.’’. izen of the United States, whether by birth of any adoptable child. (c) TEMPORARY TREATMENT AS LEGAL PER- or naturalization, who has been physically (4) The Secretary of State, acting through MANENT RESIDENT.—Notwithstanding any present (as determined under subsection (b)) the Ambassador at Large, shall require that other law, all benefits and protections that in the United States or its outlying posses- agencies provide prospective adoptive par- apply to a legal permanent resident shall sions for a period or periods totaling not less ents an opportunity to conduct an inde- apply to a nonimmigrant described in sec- than 5 years, at least 2 of which were after pendent medical exam and a copy of any tion 101(a)(15)(W) of the Immigration and Na- attaining the age of 14 years; medical records of the child known to exist tionality Act, as added by subsection (a), ‘‘(B) the child is an adoptable child; (to the greatest extent practicable, these pending a full and final adoption. ‘‘(C) the child is the beneficiary of a full documents shall include an English trans- (d) EXCEPTION FROM IMMUNIZATION RE- and final adoption decree entered by a for- lation) on a date that is not later than the QUIREMENT FOR CERTAIN ADOPTED CHIL- eign government or a court in the United earlier of the date that is 2 weeks before the DREN.—Section 212(a)(1)(C) of the Immigra- States; and adoption, or the date on which prospective tion and Nationality Act (8 U.S.C. ‘‘(D) the child is under the age of 16 years. adoptive parents travel to such a foreign 1182(a)(1)(C)) is amended— ‘‘(b) PHYSICAL PRESENCE.—For the purposes country to complete all procedures in such (1) in the heading by striking ‘‘10 years’’ of subsection (a)(2)(A), the requirement for country relating to adoption. and inserting ‘‘18 years’’; and physical presence in the United States or its (5) The Secretary of State, acting through (2) in clause (i), by striking ‘‘10 years’’ and outlying possessions may be satisfied by the the Ambassador at Large, shall take nec- inserting ‘‘18 years’’. following: essary measures to ensure that all prospec- (e) REGULATIONS.—Not later than 90 days ‘‘(1) Any periods of honorable service in the tive adoptive parents adopting internation- after the date of enactment of this Act, the Armed Forces of the United States. ally are provided with training that includes Secretary of State shall prescribe such regu- ‘‘(2) Any periods of employment with the counseling and guidance for the purpose of lations as may be necessary to carry out this United States Government or with an inter- promoting a successful intercountry adop- section. national organization as that term is defined tion before such parents travel to adopt the SEC. 824. DEFINITION OF ADOPTABLE CHILD. in section 1 of the International Organiza- child or the child is placed with such parents (a) IN GENERAL.—Section 101(c) of the Im- tions Immunities Act (22 U.S.C. 288) by such for adoption. migration and Nationality Act (8 U.S.C. citizen parent. (6) The Secretary of State, acting through 1101(c)) is amended by adding at the end the ‘‘(3) Any periods during which such citizen the Ambassador at Large, shall take nec- following: parent is physically present outside the essary measures to ensure that— ‘‘(3) The term ‘adoptable child’ means an United States or its outlying possessions as (A) prospective adoptive parents are given unmarried person under the age of 18— the dependent unmarried son or daughter full disclosure of all direct and indirect costs ‘‘(A)(i) whose biological parents (or parent, and a member of the household of a person— of intercountry adoption before the parents in the case of a child who has one sole or sur- ‘‘(A) honorably serving with the Armed are matched with a child for adoption; viving parent) or other persons or institu- Forces of the United States; or (B) fees charged in relation to the inter- tions that retain legal custody of the child— ‘‘(B) employed by the United States Gov- country adoption be on a fee-for-service ‘‘(I) have freely given their written irrev- ernment or an international organization as basis not on a contingent fee basis; and ocable consent to the termination of their defined in section 1 of the International Or- (C) that the transmission of fees between legal relationship with the child, and to the ganizations Immunities Act (22 U.S.C. 288). the adoption agency, the country of origin, child’s emigration and adoption and that ‘‘(c) FULL AND FINAL ADOPTION.—In this and the prospective adoptive parents is car- such consent has not been induced by pay- section, the term ‘full and final adoption’ ried out in a transparent and efficient man- ment or compensation of any kind and has means an adoption— ner. not been given prior to the birth of the child; ‘‘(1) that is completed under the laws of (7) The Secretary of State, acting through ‘‘(II) are unable to provide proper care for the child’s country of residence or the State the Ambassador at Large, shall take all the child, as determined by the competent law of the parent’s residence; measures necessary to ensure that all docu- authority of the child’s residence; or ‘‘(2) under which a person is granted full ments provided to a country of origin on be- ‘‘(III) have voluntarily relinquished the and legal custody of the adopted child; half of a prospective adoptive parent are child to the competent authorities pursuant ‘‘(3) that has the force and effect of sev- truthful and accurate. to the law of the child’s residence; or ering the child’s legal ties to the child’s bio- SEC. 823. NONIMMIGRANT VISAS FOR CHILDREN ‘‘(ii) who, as determined by the competent logical parents; TRAVELING TO THE UNITED STATES authority of the child’s residence— ‘‘(4) under which the adoptive parents meet TO BE ADOPTED BY A UNITED ‘‘(I) has been abandoned or deserted by the requirements of section 825 of the Inter- STATES CITIZEN. their biological parent, parents, or legal country Adoption Reform Act of 2006; and (a) NONIMMIGRANT CLASSIFICATION.— guardians; or ‘‘(5) under which the child has been adju- (1) IN GENERAL.—Section 101(a)(15) of the ‘‘(II) has been orphaned due to the death or dicated to be an adoptable child in accord- Immigration and Nationality Act (8 U.S.C. disappearance of their biological parent, par- ance with section 826 of the Intercountry 1101(a)(15)) is amended by adding at the end ents, or legal guardians; Adoption Reform Act of 2006.’’. the following: ‘‘(B) with respect to whom the Secretary of (b) CONFORMING AMENDMENT.—The table of ‘‘(W) an adoptable child who is coming into State is satisfied that the proper care will be contents in the first section of the Immigra- the United States for adoption by a United furnished the child if admitted to the United tion and Nationality Act (66 Stat. 163) is States citizen and a spouse jointly or by an States; amended by striking the item relating to unmarried United States citizen at least 25 ‘‘(C) with respect to whom the Secretary of section 320 and inserting the following: years of age, who has been approved to adopt State is satisfied that the purpose of the ‘‘Sec. 320. Conditions for automatic citizen- by the Office of International Adoption of adoption is to form a bona fide parent-child ship for children born outside the Department of State.’’. relationship and that the parent-child rela- the United States’’. (2) TECHNICAL AND CONFORMING AMEND- tionship of the child and the biological par- (c) EFFECTIVE DATE.—This section shall MENTS.—Such section 101(a)(15) is further ents has been terminated (and in carrying take effect as if enacted on June 27, 1952. amended— out both obligations under this subparagraph SEC. 822. REVISED PROCEDURES. (A) by striking ‘‘or’’ at the end of subpara- the Secretary of State, in consultation with Notwithstanding any other provision of graph (U); and the Secretary of Homeland Security, may law, the following requirements shall apply (B) by striking the period at the end of consider whether there is a petition pending with respect to the adoption of foreign born subparagraph (V) and inserting ‘‘; or’’. to confer immigrant status on one or both of children by United States citizens: (b) TERMINATION OF PERIOD OF AUTHORIZED the biological parents); (1) Upon completion of a full and final ADMISSION.—Section 214 of the Immigration ‘‘(D) with respect to whom the Secretary of adoption, the Secretary shall issue a United and Nationality Act (8 U.S.C. 1184) is amend- State, is satisfied that there has been no in- States passport and a Consular Report of ed by adding at the end the following: ducement, financial or otherwise, offered to

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00131 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9990 CONGRESSIONAL RECORD — SENATE September 21, 2006 obtain the consent nor was it given before paragraph (1), the Secretary of State shall shall consider the gravity of the violation, the birth of the child; make a final determination on whether the the degree of culpability of the defendant, ‘‘(E) with respect to whom the Secretary of certification and the documentary support and any history of prior violations by the de- State, in consultation with the Secretary of are sufficient to meet the requirements of fendant. Homeland Security, is satisfied that the per- this section or whether additional investiga- SEC. 832. CRIMINAL PENALTIES. son is not a security risk; and tion or information is required. Whoever knowingly and willfully commits ‘‘(F) whose eligibility for adoption and (b) PROCESS FOR DETERMINATION.— a violation described in paragraph (1) or (2) emigration to the United States has been (1) IN GENERAL.—The Ambassador at Large of section 831(a) shall be subject to a fine of certified by the competent authority of the shall work with the competent authorities of not more than $250,000, imprisonment for not country of the child’s place of birth or resi- the child’s country of residence to establish more than 5 years, or both. dence.’’. a uniform, transparent, and efficient process (b) CONFORMING AMENDMENT.—Section for the exchange and approval of the certifi- SA 5029. Mr. DURBIN submitted an 204(d) of the Immigration and Nationality cation and documentary support required amendment intended to be proposed by Act (8 U.S.C. 1154(d)) is amended by inserting under subsection (a). ‘‘and an adoptable child as defined in section (2) NOTICE OF INTENT.—If the Secretary of him to the bill H.R. 6061, to establish 101(c)(3)’’ before ‘‘unless a valid home- State determines that a certification sub- operational control over the inter- study’’. mitted by the competent authority of the national land and maritime borders of SEC. 825. APPROVAL TO ADOPT. child’s country of origin is not readily ap- the United States; which was ordered (a) IN GENERAL.—Prior to the issuance of a provable, the Ambassador at Large shall— to lie on the table; as follows: visa under section 101(a)(15)(W) of the Immi- (A) notify the competent authority and the On page 7, after line 10, insert the fol- gration and Nationality Act, as added by sec- prospective adoptive parents, in writing, of lowing: tion 823(a) of this Act, or the issuance of a the specific reasons why the certification is full and final adoption decree, the United not sufficient; and TITLE II—THE DREAM ACT OF 2006 States citizen adoptive parent shall have ap- (B) provide the competent authority and SEC. 201. SHORT TITLE. proved by the Office a petition to adopt. the prospective adoptive parents the oppor- This title may be cited as the ‘‘Develop- Such petition shall be subject to the same tunity to address the stated insufficiencies. ment, Relief, and Education for Alien Minors terms and conditions as are applicable to pe- (3) PETITIONERS RIGHT TO RESPOND.—Upon Act of 2006’’ or the ‘‘DREAM Act of 2006’’. titions for classification under section 204.3 receiving a notice of intent to find that a SEC. 202. DEFINITIONS. of title 8 of the Code of Federal Regulations, certification is not readily approvable, the In this title: as in effect on the day before the date of en- prospective adoptive parents shall have 30 (1) INSTITUTION OF HIGHER EDUCATION.—The actment of this Act. days to respond to such notice. term ‘‘institution of higher education’’ has (b) EXPIRATION OF APPROVAL.—Approval to (4) DECISION.—Not later than 30 days after the meaning given that term in section 101 of adopt under this Act is valid for 24 months the date of receipt of a response submitted the Higher Education Act of 1965 (20 U.S.C. from the date of approval. Nothing in this under paragraph (3), the Secretary of State 1001). section may prevent the Secretary of Home- shall reach a final decision regarding the (2) UNIFORMED SERVICES.—The term ‘‘uni- land Security from periodically updating the child’s eligibility as an adoptable child. No- formed services’’ has the meaning given that fingerprints of an individual who has filed a tice of such decision must be in writing. term in section 101(a) of title 10, United petition for adoption. (5) RIGHT TO AN APPEAL.—Unfavorable deci- States Code. (c) EXPEDITED REAPPROVAL PROCESS OF sions on a certification may be appealed SEC. 203. RESTORATION OF STATE OPTION TO FAMILIES PREVIOUSLY APPROVED TO ADOPT.— through the appropriate process of the De- DETERMINE RESIDENCY FOR PUR- The Secretary of State shall prescribe such partment of State and, after the exhaustion POSES OF HIGHER EDUCATION BEN- regulations as may be necessary to provide of such process, to a United States district EFITS. for an expedited and streamlined process for court. (a) IN GENERAL.—Section 505 of the Illegal families who have been previously approved Immigration Reform and Immigrant Respon- to adopt and whose approval has expired, so SEC. 827. FUNDS. The Secretary of State shall provide the sibility Act of 1996 (8 U.S.C. 1623) is repealed. long as not more than 4 years have lapsed (b) EFFECTIVE DATE.—The repeal under since the original application. Ambassador at Large with such funds as may be necessary for— subsection (a) shall take effect as if included (d) DENIAL OF PETITION.— in the enactment of the Illegal Immigration (1) NOTICE OF INTENT.—If the officer adjudi- (1) the hiring of staff for the Office; (2) investigations conducted by such staff; Reform and Immigrant Responsibility Act of cating the petition to adopt finds that it is 1996. not readily approvable, the officer shall no- and SEC. 204. CANCELLATION OF REMOVAL AND AD- tify the petitioner, in writing, of the officer’s (3) travel and other expenses necessary to carry out this title. JUSTMENT OF STATUS OF CERTAIN intent to deny the petition. Such notice LONG-TERM RESIDENTS WHO EN- shall include the specific reasons why the pe- Subtitle C—Enforcement TERED THE UNITED STATES AS tition is not readily approvable. SEC. 831. CIVIL PENALTIES AND ENFORCEMENT. CHILDREN. (2) PETITIONER’S RIGHT TO RESPOND.—Upon (a) CIVIL PENALTIES.—A person shall be (a) SPECIAL RULE FOR CERTAIN LONG-TERM receiving a notice of intent to deny, the peti- subject, in addition to any other penalty RESIDENTS WHO ENTERED THE UNITED STATES tioner has 30 days to respond to such notice. that may be prescribed by law, to a civil AS CHILDREN.— (3) DECISION.—Within 30 days of receipt of money penalty of not more than $50,000 for a (1) IN GENERAL.—Notwithstanding any the petitioner’s response the Office must first violation, and not more than $100,000 for other provision of law and except as other- reach a final decision regarding the eligi- each succeeding violation if such person— wise provided in this title, the Secretary of bility of the petitioner to adopt. Notice of a (1) violates a provision of this title or an Homeland Security may cancel removal of, formal decision must be delivered in writing. amendment made by this title; and adjust to the status of an alien lawfully (4) RIGHT TO AN APPEAL.—Unfavorable deci- (2) makes a false or fraudulent statement, admitted for permanent residence, subject to sions may be appealed to the Department of or misrepresentation, with respect to a ma- the conditional basis described in section 205, State and, after the exhaustion of the appro- terial fact, or offers, gives, solicits, or ac- an alien who is inadmissible or deportable priate appeals process of the Department, to cepts inducement by way of compensation, from the United States, if the alien dem- a United States district court. intended to influence or affect in the United onstrates that— (5) REGULATIONS REGARDING APPEALS.—Not States or a foreign country— (A) the alien has been physically present in later than 6 months after the date of enact- (A) a decision for an approval under title the United States for a continuous period of ment of this Act, the Secretary of State II; not less than 5 years immediately preceding shall promulgate formal regulations regard- (B) the relinquishment of parental rights the date of enactment of this Act, and had ing the process for appealing the denial of a or the giving of parental consent relating to not yet reached the age of 16 years at the petition. the adoption of a child; or time of initial entry; SEC. 826. ADJUDICATION OF CHILD STATUS. (C) a decision or action of any entity per- (B) the alien has been a person of good (a) IN GENERAL.—Prior to the issuance of a forming a central authority function; or moral character since the time of applica- full and final adoption decree or a visa under (3) engages another person as an agent, tion; section 101(a)(15)(W) of the Immigration and whether in the United States or in a foreign (C) the alien— Nationality Act, as added by section 823(a) of country, who in the course of that agency (i) is not inadmissible under paragraph (2), this Act— takes any of the actions described in para- (3), (6)(B), (6)(C), (6)(E), (6)(F), or (6)(G) of (1) the Ambassador at Large shall obtain graph (1) or (2). section 212(a) of the Immigration and Na- from the competent authority of the country (b) CIVIL ENFORCEMENT.— tionality Act (8 U.S.C. 1182(a)), or, if inad- of the child’s residence a certification, to- (1) AUTHORITY OF ATTORNEY GENERAL.—The missible solely under subparagraph (C) or (F) gether with documentary support, that the Attorney General may bring a civil action to of paragraph (6) of such subsection, the alien child sought to be adopted meets the defini- enforce subsection (a) against any person in was under the age of 16 years at the time the tion of an adoptable child; and any United States district court. violation was committed; and (2) not later than 15 days after the date of (2) FACTORS TO BE CONSIDERED IN IMPOSING (ii) is not deportable under paragraph the receipt of the certification referred to in PENALTIES.—In imposing penalties the court (1)(E), (1)(G), (2), (3)(B), (3)(C), (3)(D), (4), or

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(6) of section 237(a) of the Immigration and SEC. 205. CONDITIONAL PERMANENT RESIDENT (3) TIME TO FILE PETITION.—An alien may Nationality Act (8 U.S.C. 1227(a)), or, if de- STATUS. petition to remove the conditional basis to portable solely under subparagraphs (C) or (a) IN GENERAL.— lawful resident status during the period be- (D) of paragraph (3) of such subsection, the (1) CONDITIONAL BASIS FOR STATUS.—Not- ginning 180 days before and ending 2 years alien was under the age of 16 years at the withstanding any other provision of law, and after either the date that is 6 years after the time the violation was committed; except as provided in section 206, an alien date of the granting of conditional perma- (D) the alien, at the time of application, whose status has been adjusted under section nent resident status or any other expiration has been admitted to an institution of higher 204 to that of an alien lawfully admitted for date of the conditional permanent resident education in the United States, or has permanent residence shall be considered to status as extended by the Secretary of earned a high school diploma or obtained a have obtained such status on a conditional Homeland Security in accordance with this general education development certificate in basis subject to the provisions of this sec- title. The alien shall be deemed in condi- the United States; and tion. Such conditional permanent resident tional permanent resident status in the (E) the alien has never been under a final status shall be valid for a period of 6 years, United States during the period in which the administrative or judicial order of exclusion, subject to termination under subsection (b). petition is pending. (2) NOTICE OF REQUIREMENTS.— deportation, or removal, unless the alien has (d) DETAILS OF PETITION.— (A) AT TIME OF OBTAINING PERMANENT RESI- remained in the United States under color of (1) CONTENTS OF PETITION.—Each petition DENCE.—At the time an alien obtains perma- law or received the order before attaining for an alien under subsection (c)(1) shall con- the age of 16 years. nent resident status on a conditional basis under paragraph (1), the Secretary of Home- tain information to permit the Secretary of (2) WAIVER.—The Secretary of Homeland land Security shall provide for notice to the Homeland Security to determine whether Security may waive the grounds of ineligi- alien regarding the provisions of this section each of the following requirements is met: bility under section 212(a)(6) of the Immigra- and the requirements of subsection (c) to (A) The alien has demonstrated good moral tion and Nationality Act and the grounds of have the conditional basis of such status re- character during the entire period the alien deportability under paragraphs (1), (3), and moved. has been a conditional permanent resident. (6) of section 237(a) of that Act for humani- (B) EFFECT OF FAILURE TO PROVIDE NO- (B) The alien is in compliance with section tarian purposes or family unity or when it is TICE.—The failure of the Secretary of Home- 204(a)(1)(C). otherwise in the public interest. land Security to provide a notice under this (C) The alien has not abandoned the alien’s (3) PROCEDURES.—The Secretary of Home- paragraph— residence in the United States. The Sec- land Security shall provide a procedure by (i) shall not affect the enforcement of the retary shall presume that the alien has aban- regulation allowing eligible individuals to provisions of this title with respect to the doned such residence if the alien is absent apply affirmatively for the relief available alien; and from the United States for more than 365 under this subsection without being placed (ii) shall not give rise to any private right days, in the aggregate, during the period of in removal proceedings. of action by the alien. conditional residence, unless the alien dem- (b) TERMINATION OF CONTINUOUS PERIOD.— (b) TERMINATION OF STATUS.— onstrates that alien has not abandoned the For purposes of this section, any period of (1) IN GENERAL.—The Secretary of Home- alien’s residence. An alien who is absent continuous residence or continuous physical land Security shall terminate the condi- from the United States due to active service presence in the United States of an alien who tional permanent resident status of any in the uniformed services has not abandoned applies for cancellation of removal under alien who obtained such status under this the alien’s residence in the United States this section shall not terminate when the title, if the Secretary determines that the during the period of such service. alien is served a notice to appear under sec- alien— (D) The alien has completed at least 1 of tion 239(a) of the Immigration and Nation- (A) ceases to meet the requirements of sub- the following: ality Act (8 U.S.C. 1229(a)). paragraph (B) or (C) of section 204(a)(1); (i) The alien has acquired a degree from an (c) TREATMENT OF CERTAIN BREAKS IN (B) has become a public charge; or institution of higher education in the United PRESENCE.— (C) has received a dishonorable or other States or has completed at least 2 years, in (1) IN GENERAL.—An alien shall be consid- than honorable discharge from the uni- good standing, in a program for a bachelor’s ered to have failed to maintain continuous formed services. degree or higher degree in the United States. physical presence in the United States under (2) RETURN TO PREVIOUS IMMIGRATION STA- (ii) The alien has served in the uniformed subsection (a) if the alien has departed from TUS.—Any alien whose conditional perma- services for at least 2 years and, if dis- the United States for any period in excess of nent resident status is terminated under charged, has received an honorable dis- 90 days or for any periods in the aggregate paragraph (1) shall return to the immigra- charge. exceeding 180 days. tion status the alien had immediately prior (E) The alien has provided a list of all of (2) EXTENSIONS FOR EXCEPTIONAL CIR- to receiving conditional permanent resident the secondary educational institutions that CUMSTANCES.—The Secretary of Homeland status under this title. the alien attended in the United States. Security may extend the time periods de- (c) REQUIREMENTS OF TIMELY PETITION FOR (2) HARDSHIP EXCEPTION.— scribed in paragraph (1) if the alien dem- REMOVAL OF CONDITION.— (A) IN GENERAL.—The Secretary of Home- onstrates that the failure to timely return to (1) IN GENERAL.—In order for the condi- land Security may, in the Secretary’s discre- the United States was due to exceptional cir- tional basis of permanent resident status ob- tion, remove the conditional status of an cumstances. The exceptional circumstances tained by an alien under subsection (a) to be alien if the alien— determined sufficient to justify an extension removed, the alien must file with the Sec- (i) satisfies the requirements of subpara- should be no less compelling than serious ill- retary of Homeland Security, in accordance graphs (A), (B), and (C) of paragraph (1); ness of the alien, or death or serious illness with paragraph (3), a petition which requests (ii) demonstrates compelling cir- of a parent, grandparent, sibling, or child. the removal of such conditional basis and cumstances for the inability to complete the (d) EXEMPTION FROM NUMERICAL LIMITA- which provides, under penalty of perjury, the requirements described in paragraph (1)(D); TIONS.—Nothing in this section may be con- facts and information so that the Secretary and strued to apply a numerical limitation on may make the determination described in (iii) demonstrates that the alien’s removal the number of aliens who may be eligible for paragraph (2)(A). from the United States would result in ex- cancellation of removal or adjustment of (2) ADJUDICATION OF PETITION TO REMOVE ceptional and extremely unusual hardship to status under this section. CONDITION.— the alien or the alien’s spouse, parent, or (e) REGULATIONS.— (A) IN GENERAL.—If a petition is filed in ac- child who is a citizen or a lawful permanent (1) PROPOSED REGULATIONS.—Not later than cordance with paragraph (1) for an alien, the resident of the United States. 180 days after the date of enactment of this Secretary of Homeland Security shall make (B) EXTENSION.—Upon a showing of good Act, the Secretary of Homeland Security a determination as to whether the alien cause, the Secretary of Homeland Security shall publish proposed regulations imple- meets the requirements set out in subpara- may extend the period of the conditional menting this section. Such regulations shall graphs (A) through (E) of subsection (d)(1). resident status for the purpose of completing be effective immediately on an interim basis, (B) REMOVAL OF CONDITIONAL BASIS IF FA- the requirements described in paragraph but are subject to change and revision after VORABLE DETERMINATION.—If the Secretary (1)(D). public notice and opportunity for a period determines that the alien meets such re- (e) TREATMENT OF PERIOD FOR PURPOSES OF for public comment. quirements, the Secretary shall notify the NATURALIZATION.—For purposes of title III of (2) INTERIM, FINAL REGULATIONS.—Within a alien of such determination and immediately the Immigration and Nationality Act (8 reasonable time after publication of the in- remove the conditional basis of the status of U.S.C. 1401 et seq.), in the case of an alien terim regulations in accordance with para- the alien. who is in the United States as a lawful per- graph (1), the Secretary of Homeland Secu- (C) TERMINATION IF ADVERSE DETERMINA- manent resident on a conditional basis under rity shall publish final regulations imple- TION.—If the Secretary determines that the this section, the alien shall be considered to menting this section. alien does not meet such requirements, the have been admitted as an alien lawfully ad- (f) REMOVAL OF ALIEN.—The Secretary of Secretary shall notify the alien of such de- mitted for permanent residence and to be in Homeland Security may not remove any termination and terminate the conditional the United States as an alien lawfully admit- alien who has a pending application for con- permanent resident status of the alien as of ted to the United States for permanent resi- ditional status under this title. the date of the determination. dence. However, the conditional basis must

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RETROACTIVE BENEFITS UNDER THIS rity shall provide the information furnished posed by Mr. FRIST to the bill H.R. 6061, TITLE. under this section, and any other informa- to establish operational control over If, on the date of enactment of this Act, an tion derived from such furnished informa- alien has satisfied all the requirements of tion, to— the international land and maritime subparagraphs (A) through (E) of section (1) a duly recognized law enforcement enti- borders of the United States; as fol- 204(a)(1) and section 205(d)(1)(D), the Sec- ty in connection with an investigation or lows: retary of Homeland Security may adjust the prosecution of an offense described in para- On page 1, line 1 of the amendment, strike status of the alien to that of a conditional graph (2) or (3) of section 212(a) of the Immi- ‘‘2 days’’ and insert ‘‘1 day’’. resident in accordance with section 204. The gration and Nationality Act (8 U.S.C. alien may petition for removal of such condi- 1182(a)), when such information is requested SA 5035. Mr. FRIST (for Mr. LUGAR tion at the end of the conditional residence in writing by such entity; or (for himself, Mr. BROWNBACK, Mr. MAR- period in accordance with section 205(c) if (2) an official coroner for purposes of af- TINEZ, Mr. HAGEL, Mr. CORNYN, Mrs. the alien has met the requirements of sub- firmatively identifying a deceased individual HUTCHISON, Mr. DEWINE, Mr. COLEMAN, paragraphs (A), (B), and (C) of section (whether or not such individual is deceased 205(d)(1) during the entire period of condi- as a result of a crime). Mr. CHAFEE, Mr. ALEXANDER, Mr. tional residence. (c) PENALTY.—Whoever knowingly uses, SUNUNU, and Mr. SPECTER)) proposed an SEC. 207. EXCLUSIVE JURISDICTION. publishes, or permits information to be ex- amendment to the bill H.R. 3127, to im- (a) IN GENERAL.—The Secretary of Home- amined in violation of this section shall be pose sanctions against individuals re- land Security shall have exclusive jurisdic- fined not more than $10,000. sponsible for genocide, war crimes, and tion to determine eligibility for relief under SEC. 210. EXPEDITED PROCESSING OF APPLICA- crimes against humanity, to support this title, except where the alien has been TIONS; PROHIBITION ON FEES. measures for the protection of civilians placed into deportation, exclusion, or re- Regulations promulgated under this title moval proceedings either prior to or after fil- shall provide that applications under this and humanitarian operations, and to ing an application for relief under this title, title will be considered on an expedited basis support peace efforts in the Darfur re- in which case the Attorney General shall and without a requirement for the payment gion of Sudan, and for other purposes; have exclusive jurisdiction and shall assume by the applicant of any additional fee for as follows: all the powers and duties of the Secretary such expedited processing. Strike all after the enacting clause and in- until proceedings are terminated, or if a SEC. 211. HIGHER EDUCATION ASSISTANCE. sert the following: final order of deportation, exclusion, or re- Notwithstanding any provision of the SECTION 1. SHORT TITLE; TABLE OF CONTENTS. moval is entered the Secretary shall resume Higher Education Act of 1965 (20 U.S.C. 1001 (a) SHORT TITLE.—This Act may be cited as all powers and duties delegated to the Sec- et seq.), with respect to assistance provided the ‘‘Darfur Peace and Accountability Act of retary under this title. under title IV of the Higher Education Act of (b) STAY OF REMOVAL OF CERTAIN ALIENS 2006’’. 1965 (20 U.S.C. 1070 et seq.), an alien who ad- (b) TABLE OF CONTENTS.—The table of con- ENROLLED IN PRIMARY OR SECONDARY justs status to that of a lawful permanent SCHOOL.—The Attorney General shall stay tents of this Act is as follows: resident under this title shall be eligible the removal proceedings of any alien who— Sec. 1. Short title; table of contents. only for the following assistance under such (1) meets all the requirements of subpara- Sec. 2. Definitions. title: graphs (A), (B), (C), and (E) of section Sec. 3. Findings. (1) Student loans under parts B, D, and E of 204(a)(1); Sec. 4. Sense of Congress. such title IV (20 U.S.C. 1071 et seq., 1087a et (2) is at least 12 years of age; and Sec. 5. Sanctions in support of peace in seq., 1087aa et seq.), subject to the require- (3) is enrolled full time in a primary or sec- Darfur. ments of such parts. ondary school. Sec. 6. Additional authorities to deter and (2) Federal work-study programs under (c) EMPLOYMENT.—An alien whose removal suppress genocide in Darfur. is stayed pursuant to subsection (b) may be part C of such title IV (42 U.S.C. 2751 et seq.), Sec. 7. Continuation of restrictions. engaged in employment in the United States, subject to the requirements of such part. Sec. 8. Assistance efforts in Sudan. consistent with the Fair Labor Standards (3) Services under such title IV (20 U.S.C. Sec. 9. Reporting requirements. Act (29 U.S.C. 201 et seq.), and State and 1070 et seq.), subject to the requirements for SEC. 2. DEFINITIONS. local laws governing minimum age for em- such services. In this Act: ployment. SEC. 212. GAO REPORT. (1) AMIS.—The term ‘‘AMIS’’ means the (d) LIFT OF STAY.—The Attorney General Seven years after the date of enactment of African Union Mission in Sudan. shall lift the stay granted pursuant to sub- this title, the Comptroller General of the (2) APPROPRIATE CONGRESSIONAL COMMIT- section (b) if the alien— United States shall submit a report to the TEES.—The term ‘‘appropriate congressional (1) is no longer enrolled in a primary or Committees on the Judiciary of the Senate committees’’ means the Committee on For- secondary school; or and the House of Representatives setting eign Relations of the Senate and the Com- (2) ceases to meet the requirements of sub- forth— mittee on International Relations of the section (b)(1). (1) the number of aliens who were eligible House of Representatives. SEC. 208. PENALTIES FOR FALSE STATEMENTS IN for cancellation of removal and adjustment (3) COMPREHENSIVE PEACE AGREEMENT FOR APPLICATION. of status under section 204(a); SUDAN.—The term ‘‘Comprehensive Peace Whoever files an application for relief (2) the number of aliens who applied for ad- Agreement for Sudan’’ means the peace under this title and willfully and knowingly justment of status under section 204(a); agreement signed by the Government of falsifies, misrepresents, or conceals a mate- (3) the number of aliens who were granted Sudan and the SPLM/A in Nairobi, Kenya, on rial fact or makes any false or fraudulent adjustment of status under section 204(a); January 9, 2005. statement or representation, or makes or and (4) DARFUR PEACE AGREEMENT.—The term uses any false writing or document knowing (4) the number of aliens whose conditional ‘‘Darfur Peace Agreement’’ means the peace the same to contain any false or fraudulent permanent resident status was removed agreement signed by the Government of statement or entry, shall be fined in accord- under section 205. Sudan and by Minni Minnawi, leader of the ance with title 18, United States Code, or im- Sudan Liberation Movement/Army Faction, prisoned not more than 5 years, or both. SA 5030. Mr. LEAHY submitted an in Abuja, Nigeria, on May 5, 2006. SEC. 209. CONFIDENTIALITY OF INFORMATION. amendment intended to be proposed by (5) GOVERNMENT OF SUDAN.—The term (a) PROHIBITION.—No officer or employee of him to the bill H.R. 6061, to establish ‘‘Government of Sudan’’— the United States may— operational control over the inter- (A) means— (1) use the information furnished by the national land and maritime borders of (i) the government in Khartoum, Sudan, applicant pursuant to an application filed the United States; which was ordered which is led by the National Congress Party under this title to initiate removal pro- to lie on the table, as follows: (formerly known as the National Islamic ceedings against any persons identified in Front); or On page 5, strike line 9 and all that follows the application; (ii) any successor government formed on or through page 6, line 2. (2) make any publication whereby the in- after the date of the enactment of this Act formation furnished by any particular indi- SA 5031. Mr. FRIST proposed an (including the coalition National Unity Gov- vidual pursuant to an application under this ernment agreed upon in the Comprehensive title can be identified; or amendment to the bill H.R. 6061, to es- Peace Agreement for Sudan); and (3) permit anyone other than an officer or tablish operational control over the (B) does not include the regional govern- employee of the United States Government international land and maritime bor- ment of Southern Sudan. or, in the case of applications filed under ders of the United States; as follows: (6) OFFICIALS OF THE GOVERNMENT OF this title with a designated entity, that des- At the end of the bill, add the following: SUDAN.—The term ‘‘official of the Govern- ignated entity, to examine applications filed This Act shall become effective 2 days ment of Sudan’’ does not include any indi- under this title. after the date of enactment. vidual—

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00134 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9993 (A) who was not a member of such govern- manitarian Ceasefire Agreement, signed on strictions on 4 individuals who had been ment before July 1, 2005; or April 8, 2004, ‘‘with a view towards expedi- identified as those who, among other acts, (B) who is a member of the regional gov- tiously reinforcing the effort to foster peace ‘‘impede the peace process, constitute a ernment of Southern Sudan. in Darfur’’. threat to stability in Darfur and the region, (7) SPLM/A.—The term ‘‘SPLM/A’’ means (8) On March 29, 2005, the United Nations commit violations of international humani- the Sudan People’s Liberation Movement/ Security Council passed Security Council tarian or human rights law or other atroc- Army. Resolution 1591 (2005), extending the military ities’’, including the Commander of the SEC. 3. FINDINGS. embargo established by Security Council Western Military Region for the armed Congress makes the following findings: Resolution 1556 (2004) to all the parties to the forces of Sudan, the Paramount Chief of the (1) On July 23, 2004, Congress declared, ‘‘the N’Djamena Ceasefire Agreement of April 8, Jalul Tribe in North Darfur, the Commander atrocities unfolding in Darfur, Sudan, are 2004, and any other belligerents in the states of the Sudan Liberation Army, and the Field genocide’’. of North Darfur, South Darfur, and West Commander of the National Movement for (2) On September 9, 2004, Secretary of State Darfur, calling for an asset freeze and travel Reform and Development. Colin L. Powell stated before the Committee ban against those individuals who impede (17) On May 5, 2006, under the auspices of on Foreign Relations of the Senate, ‘‘geno- the peace process, constitute a threat to sta- African Union mediation and the direct en- cide has occurred and may still be occurring bility in Darfur and the region, commit vio- gagement of the international community, lations of international humanitarian or in Darfur’’, and ‘‘the Government of Sudan including the United States, the Government human rights law or other atrocities, are re- and the Janjaweed bear responsibility’’. of Sudan and the largest rebel faction in sponsible for offensive military overflights, (3) On September 21, 2004, in an address be- Darfur, the Sudan Liberation Movement, led or violate the military embargo, and estab- fore the United Nations General Assembly, by Minni Minnawi, signed the Darfur Peace lishing a Committee of the Security Council President George W. Bush affirmed the Sec- Agreement, which addresses security, power and a panel of experts to assist in moni- retary of State’s finding and stated,‘‘[a]t this sharing, and wealth sharing issues between toring compliance with Security Council hour, the world is witnessing terrible suf- the parties. Resolutions 1556 (2004) and 1591 (2005). fering and horrible crimes in the Darfur re- (18) In August 2006, the Sudanese govern- (9) On March 31, 2005, the United Nations gion of Sudan, crimes my government has ment began to amass military forces and Security Council passed Security Council equipment in the Darfur region in contraven- concluded are genocide’’. Resolution 1593 (2005), referring the situation tion of the Darfur Peace Agreement to which (4) On July 30, 2004, the United Nations Se- in Darfur since July 1, 2002, to the prosecutor they are signatories in what appears to be curity Council passed Security Council Reso- of the International Criminal Court and call- lution 1556 (2004), calling upon the Govern- ing on the Government of Sudan and all par- preliminary to full scale war. ment of Sudan to disarm the Janjaweed mili- ties to the conflict to cooperate fully with (19) On August 30, 2006, the United Nations tias and to apprehend and bring to justice the Court. Security Council passed Security Council Janjaweed leaders and their associates who (10) On July 30, 2005, Dr. John Garang de Resolution 1706 (2006), without dissent and have incited and carried out violations of Mabior, the newly appointed Vice President with abstentions by China, Russian Federa- human rights and international humani- of Sudan and the leader of the SPLM/A for tion, and Qatar, thereby asserting that the tarian law, and establishing a ban on the the past 21 years, was killed in a tragic heli- existing United Nations Mission in Sudan sale or supply of arms and related materiel copter crash in Southern Sudan, sparking ‘‘shall take over from AMIS responsibility of all types, including the provision of re- riots in Khartoum and challenging the com- for supporting the implementation of the lated technical training or assistance, to all mitment of all Sudanese to the Comprehen- Darfur Peace Agreement upon the expiration nongovernmental entities and individuals, sive Peace Agreement for Sudan. of AMIS’ mandate but in any event no later including the Janjaweed. (11) On January 12, 2006, the African Union than 31 December 2006’’, and that UNMIS (5) On September 18, 2004, the United Na- Peace and Security Council issued a commu- ‘‘shall be strengthened by up to 17,300 mili- tions Security Council passed Security Coun- nique endorsing, in principle, a transition tary personnel . . . 3,300 civilian police per- cil Resolution 1564 (2004), determining that from AMIS to a United Nations peace- sonnel and up to 16 Formed Police Units’’, the Government of Sudan had failed to meet keeping operation and requested the Chair- which ‘‘shall begin to be deployed [to Darfur] its obligations under Security Council Reso- person of the Council to initiate consulta- no later than 1 October 2006’’. lution 1556 (2004), calling for a military flight tions with the United Nations and other (20) Between August 30 and September 3, ban in and over the Darfur region, demand- stakeholders toward this end. 2006, President Bashir and other senior mem- ing the names of Janjaweed militiamen dis- (12) On February 3, 2006, the United Na- bers of his administration have publicly re- armed and arrested for verification, estab- tions Security Council issued a Presidential jected United Nations Security Council Res- lishing an International Commission of In- Statement authorizing the initiation of con- olution 1706 (2006), calling it illegal and a quiry on Darfur to investigate violations of tingency planning for a transition from western invasion of his country, despite the international humanitarian and human AMIS to a United Nations peacekeeping op- current presence of 10,000 United Nations rights laws, and threatening sanctions eration. peacekeepers under the UNMIS peacekeeping should the Government of Sudan fail to fully (13) On March 10, 2006, the African Union force. comply with Security Council Resolutions Peace and Security Council extended the (21) Since 1993, the Secretary of State has 1556 (2004) and 1564 (2004), including such ac- mandate of AMIS, which had reached a force determined, pursuant to section 6(j) of the tions as to affect Sudan’s petroleum sector size of 7,000, to September 30, 2006, while si- Export Administration Act of 1979 (50 App. or individual members of the Government of multaneously endorsing the transition of U.S.C. 2405(j)), that Sudan is a country, the Sudan. AMIS to a United Nations peacekeeping op- government of which has repeatedly provided (6) The Report of the International Com- eration and setting April 30, 2006 as the dead- support for acts of international terrorism, mission of Inquiry on Darfur, submitted to line for reaching an agreement to resolve the thereby restricting United States assistance, the United Nations Secretary-General on crisis in Darfur. defense exports and sales, and financial and January 25, 2005, established that the ‘‘Gov- (14) On March 24, 2006, the United Nations other transactions with the Government of ernment of the Sudan and the Janjaweed are Security Council passed Security Council Sudan. responsible for serious violations of inter- Resolution 1663 (2006), which— SEC. 4. SENSE OF CONGRESS. national human rights and humanitarian law (A) welcomes the African Peace and Secu- amounting to crimes under international rity Council’s March 10, 2006 communique; It is the sense of Congress that— law,’’ that ‘‘these acts were conducted on a and (1) the genocide unfolding in the Darfur re- widespread and systematic basis, and there- (B) requests that the United Nations Sec- gion of Sudan is characterized by acts of ter- fore may amount to crimes against human- retary-General, jointly with the African rorism and atrocities directed against civil- ity,’’ and that officials of the Government of Union and in consultation with the parties ians, including mass murder, rape, and sex- Sudan and other individuals may have acted to the Abuja Peace Talks, expedite planning ual violence committed by the Janjaweed with ‘‘genocidal intent’’. for the transition of AMIS to a United Na- and associated militias with the complicity (7) On March 24, 2005, the United Nations tions peacekeeping operation. and support of the National Congress Party- Security Council passed Security Council (15) On March 29, 2006, during a speech at led faction of the Government of Sudan; Resolution 1590 (2005), establishing the Freedom House, President Bush called for a (2) all parties to the conflict in the Darfur United Nations Mission in Sudan (referred to transition to a United Nations peacekeeping region have continued to violate the in this section as the ‘‘UNMIS’’), consisting operation and ‘‘additional forces with a N’Djamena Ceasefire Agreement of April 8, of up to 10,000 military personnel and 715 ci- NATO overlay . . . to provide logistical and 2004, and the Abuja Protocols of November 9, vilian police tasked with supporting the im- command-and-control and airlift capacity, 2004, and violence against civilians, humani- plementation of the Comprehensive Peace but also to send a clear signal to parties in- tarian aid workers, and personnel of AMIS is Agreement for Sudan and to ‘‘closely and volved that the west is determined to help increasing; continuously liaise and coordinate at all lev- effect a settlement.’’. (3) the African Union should immediately els with the African Union Mission in Sudan (16) On April 25, 2006, the United Nations make all necessary preparations for an or- (AMIS)’’, which had been established by the Security Council passed Security Council derly transition to a United Nations peace- African Union on May 24, 2004, to monitor Resolution 1672 (2006), unanimously imposing keeping operation, which will maintain an the implementation of the N’Djamena Hu- targeted financial sanctions and travel re- appropriate level of African participation,

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00135 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9994 CONGRESSIONAL RECORD — SENATE September 21, 2006 with a mandate to protect civilians and hu- untary return of refugees and internally dis- block the assets of any individual who the manitarian operations, assist in the imple- placed persons; President determines is complicit in, or re- mentation of the Darfur Peace Agreement, (10) the President should seek to assist sponsible for, acts of genocide, war crimes, and deter violence in the Darfur region; members of the Sudanese diaspora in the or crimes against humanity in Darfur, in- (4) the international community, including United States by establishing a student loan cluding the family members or any associ- the United States and the European Union, forgiveness program for those individuals ates of such individual to whom assets or should immediately act to mobilize suffi- who commit to return to Southern Sudan for property of such individual was transferred cient political, military, and financial re- a period of not less than 5 years for the pur- on or after July 1, 2002. sources through the United Nations and the pose of contributing professional skills need- ‘‘(2) RESTRICTION ON VISAS.—Beginning on North Atlantic Treaty Organization, to sup- ed for the reconstruction of Southern Sudan; the date that is 30 days after the date of the port the transition of AMIS to a United Na- (11) the Presidential Special Envoy for enactment of the Darfur Peace and Account- tions peacekeeping operation with the size, Sudan should be provided with appropriate ability Act of 2006, and in the interest of con- strength, and capacity necessary to protect resources and a clear mandate to— tributing to peace in Sudan, the President civilians and humanitarian operations, to as- (A) provide stewardship of efforts to imple- shall deny a visa and entry to any individual sist with the implementation of the Darfur ment the Comprehensive Peace Agreement who the President determines to be Peace Agreement, and to end the continued for Sudan and the Darfur Peace Agreement; complicit in, or responsible for, acts of geno- violence in the Darfur region; (B) seek ways to bring stability and peace cide, war crimes, or crimes against humanity (5) if an expanded and reinforced AMIS or to the Darfur region; in Darfur, including the family members or (C) address instability elsewhere in Sudan, any associates of such individual to whom subsequent United Nations peacekeeping op- Chad, and northern Uganda; and assets or property of such individual was eration fails to stop genocide in the Darfur (D) pursue a truly comprehensive peace transferred on or after July 1, 2002.’’. region, the international community should throughout the region; (b) WAIVER.—Section 6(d) of the Com- take additional measures to prevent and sup- (12) the international community should prehensive Peace in Sudan Act of 2004, as re- press acts of genocide in the Darfur region; strongly condemn attacks against humani- designated by subsection (a), is amended by (6) acting under article 5 of the Charter of tarian workers and African Union personnel, adding at the end the following: ‘‘The Presi- the United Nations, the United Nations Se- and the forcible recruitment of refugees and dent may waive the application of paragraph curity Council should call for suspension of internally displaced persons from camps in (1) or (2) of subsection (c) with respect to any the Government of Sudan’s rights and privi- Chad and Sudan, and demand that all armed individual if the President determines that leges of membership by the General Assem- groups in the region, including the forces of such a waiver is in the national interests of bly until such time as the Government of the Government of Sudan, the Janjaweed, as- the United States and, before exercising the Sudan has honored pledges to cease attacks sociated militias, the Sudan Liberation waiver, notifies the appropriate congres- upon civilians, demobilize and demilitarize Movement/Army, the Justice and Equality sional committees of the name of the indi- the Janjaweed and associated militias, and Movement, the National Movement for Re- vidual and the reasons for the waiver.’’. grant free and unfettered access for deliv- form and Development (NMRD), and all (c) SANCTIONS AGAINST JANJAWEED COM- eries of humanitarian assistance in the other armed groups refrain from such activi- MANDERS AND COORDINATORS OR OTHER INDI- Darfur region; ties; VIDUALS.—It is the sense of Congress, that (7) the President should use all necessary (13) the United States should fully support the President should immediately impose and appropriate diplomatic means to ensure the Comprehensive Peace Agreement for the sanctions described in section 6(c) of the the full discharge of the responsibilities of Sudan and the Darfur Peace Agreement and Comprehensive Peace in Sudan Act of 2004, the Committee of the United Nations Secu- urge rapid implementation of their terms; as added by subsection (a), against any indi- vidual, including the Janjaweed commanders rity Council and the panel of experts estab- (14) the May 5, 2006 signing of the Darfur and coordinators, identified as those who, lished pursuant to section 3(a) of Security Peace Agreement between the Government among other acts, ‘‘impede the peace proc- Council Resolution 1591 (2005); of Sudan and the Sudan Liberation Move- ess, constitute a threat to stability in Darfur (8) the President should direct the United ment was a positive development in a situa- and the region, commit violations of inter- States Permanent Representative to the tion that has seen little political progress in United Nations to use the voice, vote, and in- national humanitarian or human rights law 2 years and should be seized upon by all sides or other atrocities’’. fluence of the United States to urge the to begin the arduous process of post-conflict SEC. 6. ADDITIONAL AUTHORITIES TO DETER adoption of a resolution by the United Na- reconstruction, restitution, justice, and rec- tions Security Council that— AND SUPPRESS GENOCIDE IN onciliation; and DARFUR. (A) extends the military embargo estab- (15) the new leadership of the Sudan Peo- (a) PRESIDENTIAL ASSISTANCE TO SUPPORT lished by United Nations Security Resolu- ple’s Liberation Movement (referred to in AMIS.—Subject to subsection (b) and not- tions 1556 (2004) and 1591 (2005) to include a this paragraph as ‘‘SPLM’’) should— withstanding any other provision of law, the total ban on the sale or supply of offensive (A) seek to transform SPLM into an inclu- President is authorized to provide AMIS military equipment to the Government of sive, transparent, and democratic body; with— Sudan, except for use in an internationally (B) reaffirm the commitment of SPLM to— (1) assistance for any expansion of the recognized demobilization program or for (i) bring peace to Southern Sudan, the mandate, size, strength, and capacity to pro- nonlethal assistance necessary to carry out Darfur region, and Eastern Sudan; and tect civilians and humanitarian operations elements of the Comprehensive Peace Agree- (ii) eliminate safe haven for regional rebel in order to help stabilize the Darfur region of ment for Sudan or the Darfur Peace Agree- movements, such as the Lord’s Resistance Sudan and dissuade and deter air attacks di- ment; and Army; and rected against civilians and humanitarian (B) calls upon those member states of the (C) remain united in the face of efforts to workers; and United Nations that continue to undermine undermine SPLM. (2) assistance in the areas of logistics, efforts to foster peace in Sudan by providing SEC. 5. SANCTIONS IN SUPPORT OF PEACE IN transport, communications, material sup- military assistance to the Government of DARFUR. port, technical assistance, training, com- Sudan, government supported militias, or (a) BLOCKING OF ASSETS AND RESTRICTION mand and control, aerial surveillance, and any rebel group operating in Darfur in viola- ON VISAS.—Section 6 of the Comprehensive intelligence. tion of the embargo on such assistance and Peace in Sudan Act of 2004 (Public Law 108– (b) CONDITIONS.— equipment, as called for in United Nations 497; 50 U.S.C. 1701 note) is amended— (1) IN GENERAL.—Assistance provided under Security Council Resolutions 1556 (2004) and (1) in the heading of subsection (b), by in- subsection (a)— 1591 (2005), to immediately cease and desist. serting ‘‘OF APPROPRIATE SENIOR OFFICIALS (A) shall be used only in the Darfur region; (9) the United States should not provide as- OF THE GOVERNMENT OF SUDAN’’ after ‘‘AS- and sistance to the Government of Sudan, other SETS’’; (B) shall not be provided until AMIS has than assistance necessary for the implemen- (2) by redesignating subsections (c) agreed not to transfer title to, or possession tation of the Comprehensive Peace Agree- through (e) as subsections (d) through (f), re- of, any such assistance to anyone not an offi- ment for Sudan and the Darfur Peace Agree- spectively; and cer, employee or agent of AMIS (or subse- ment, the support of the regional Govern- (3) by inserting after subsection (b) the fol- quent United Nations peacekeeping oper- ment of Southern Sudan, the Transitional lowing: ation), and not to use or to permit the use of Darfur Regional Authority, and marginalized ‘‘(c) BLOCKING OF ASSETS AND RESTRICTION such assistance for any purposes other than areas in Northern Sudan (including the Nuba ON VISAS OF CERTAIN INDIVIDUALS IDENTIFIED those for which such assistance was fur- Mountains, Southern Blue Nile, Abyei, East- BY THE PRESIDENT.— nished, unless the consent of the President ern Sudan (Beja), Darfur, and Nubia), or for ‘‘(1) BLOCKING OF ASSETS.—Beginning on has first been obtained, and written assur- humanitarian purposes in Sudan, until the the date that is 30 days after the date of the ances reflecting all of the forgoing have been Government of Sudan has honored pledges to enactment of the Darfur Peace and Account- obtained from AMIS by the President. cease attacks upon civilians, demobilize and ability Act of 2006, and in the interest of con- (2) CONSENT.—If the President consents to demilitarize the Janjaweed and associated tributing to peace in Sudan, the President the transfer of such assistance to anyone not militias, grant free and unfettered access for shall, consistent with the authorities grant- an officer, employee, or agent of AMIS (or deliveries of humanitarian assistance in the ed under the International Emergency Eco- subsequent United Nations peacekeeping op- Darfur region, and allow for the safe and vol- nomic Powers Act (50 U.S.C. 1701 et seq.), eration), or agrees to permit the use of such

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00136 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9995 assistance for any purposes other than those is in the national interests of the United of the Foreign Assistance Act of 1961 (22 for which such assistance was furnished, the States. U.S.C. 2394–1) of such obligation in accord- President shall immediately notify the Com- SEC. 7. CONTINUATION OF RESTRICTIONS. ance with the procedures applicable to re- mittee on Foreign Relations of the Senate (a) IN GENERAL.—Restrictions against the programming notifications under such sec- and the Committee on International Rela- Government of Sudan that were imposed tion. tions of the House of Representatives in ac- pursuant to Executive Order 13067 of Novem- (d) AUTHORIZED MILITARY ASSISTANCE.— cordance with the procedures applicable to ber 3, 1997 (62 Federal Register 59989), title III (1) IN GENERAL.—If the President has not reprogramming notifications under section and sections 508, 512, 527, and 569 of the For- made a certification under section 12(a)(3) of 634A of the Foreign Assistance Act of 1961 (22 eign Operations, Export Financing, and Re- the Sudan Peace Act (50 U.S.C. 1701 note) re- U.S.C. 2394–1). lated Programs Appropriations Act, 2006 garding the noncompliance of the SPLM/A or (c) NATO ASSISTANCE TO SUPPORT AMIS.— (Public Law 109–102), or any other similar the Government of Southern Sudan with the It is the sense of Congress that the President provision of law, shall remain in effect, and Comprehensive Peace Agreement for Sudan, should continue to instruct the United shall not be lifted pursuant to such provi- the President, notwithstanding any other States Permanent Representative to the sions of law, until the President certifies to provision of law, may authorize, for each of North Atlantic Treaty Organization (referred the appropriate congressional committees fiscal years 2006, 2007, and 2008, the provision to in this section as ‘‘NATO’’) to use the that the Government of Sudan is acting in of the following assistance to the Govern- voice, vote, and influence of the United good faith to— ment of Southern Sudan for the purpose of States at NATO to— (1) implement the Darfur Peace Agree- constituting a professional military force— (1) advocate NATO reinforcement of the ment; (A) non-lethal military equipment and re- AMIS and its orderly transition to a United (2) disarm, demobilize, and demilitarize the lated defense services, including training, Nations peacekeeping operation, as appro- Janjaweed and all militias allied with the controlled under the International Traffic in priate; Government of Sudan; Arms Regulations (22 C.F.R. 120.1 et seq.) if (2) provide assets to help dissuade and (3) adhere to all associated United Nations the President— deter air strikes directed against civilians Security Council Resolutions, including Se- (i) determines that the provision of such and humanitarian workers in the Darfur re- curity Council Resolutions 1556 (2004), 1564 items is in the national security interest of gion of Sudan; and (2004), 1591 (2005), 1593 (2005), 1663 (2006), 1665 the United States; and (3) provide other logistical, transportation, (2006), and 1706 (2006); (ii) not later than 15 days before the provi- communications, training, technical assist- (4) negotiate a peaceful resolution to the sion of any such items, notifies the Com- ance, command and control, aerial surveil- crisis in eastern Sudan; mittee on Foreign Relations of the Senate lance, and intelligence support. (5) fully cooperate with efforts to disarm, and the Committee on International Rela- (d) RULE OF CONSTRUCTION.—Nothing in demobilize, and deny safe haven to members tions of the House of Representatives of such this Act, or any amendment made by this of the Lord’s Resistance Army in Sudan; and determination; and Act, shall be construed as a provision de- (6) fully implement the Comprehensive (B) small arms and ammunition under cat- scribed in section 5(b)(1) or 8(a)(1) of the War Peace Agreement for Sudan without manipu- egories I and III of the United States Muni- Powers Resolution (Public Law 93–148; 50 lation or delay, by— tions List (22 C.F.R. 121.1 et seq.) if the Presi- U.S.C. 1544(b), 1546(a)(1)). (A) implementing the recommendations of dent— (e) DENIAL OF ENTRY AT UNITED STATES the Abyei Boundaries Commission Report; (i) determines that the provision of such PORTS TO CERTAIN CARGO SHIPS OR OIL TANK- (B) establishing other appropriate commis- equipment is essential to the national secu- ERS.— sions and implementing and adhering to the rity interests of the United States; and (1) IN GENERAL.—The President should take recommendations of such commissions con- (ii) consistent with the procedures set all necessary and appropriate steps to deny sistent with the terms of the Comprehensive forth in section 614(a)(3) of the Foreign As- the Government of Sudan access to oil reve- Peace Agreement for Sudan; sistance Act of 1961 (22 U.S.C. 2364(a)(3)), no- nues, including by prohibiting entry at (C) adhering to the terms of the Wealth tifies the Committee on Foreign Relations of United States ports to cargo ships or oil Sharing Agreement; and the Senate and the Committee on Inter- tankers engaged in business or trade activi- (D) withdrawing government forces from national Relations of the House of Rep- ties in the oil sector of Sudan or involved in Southern Sudan consistent with the terms of resentatives of such determination. the shipment of goods for use by the armed the Comprehensive Peace Agreement for (2) END USE ASSURANCES.—For each item forces of Sudan until such time as the Gov- Sudan. exported pursuant to this subsection or sub- ernment of Sudan has honored its commit- (b) WAIVER.—The President may waive the section (c), the President shall include with ments to cease attacks on civilians, demobi- application of subsection (a) if the President the notification to Congress under subpara- lize and demilitarize the Janjaweed and asso- determines, and certifies to the appropriate graphs (A)(ii) and (B)(ii) of paragraph (1)— ciated militias, grant free and unfettered ac- congressional committees, that such waiver (A) an identification of the end users to cess for deliveries of humanitarian assist- is in the national interests of the United which the provision of assistance is being ance, and allow for the safe and voluntary States. made; return of refugees and internally displaced SEC. 8. ASSISTANCE EFFORTS IN SUDAN. (B) the dollar value of the items being pro- persons. (a) ASSISTANCE FOR INTERNATIONAL MA- vided; (2) EXCEPTION.—Paragraph (1) shall not LARIA CONTROL ACT.—Section 501 of the As- (C) a description of the items being pro- apply with respect to cargo ships or oil tank- sistance for International Malaria Control vided; and ers involved in— Act (Public Law 106–570; 50 U.S.C. 1701 note) (D) a description of the end use verification (A) an internationally-recognized demobi- is repealed. procedures that will be applied to such lization program; (b) COMPREHENSIVE PEACE IN SUDAN ACT.— items, including— (B) the shipment of non-lethal assistance Section 7 of the Comprehensive Peace in (i) any special assurances obtained from necessary to carry out elements of the Com- Sudan Act of 2004 (Public Law 108–497; 50 the Government of Southern Sudan or other prehensive Peace Agreement for Sudan or U.S.C. 1701 note) is repealed. authorized end users regarding such equip- the Darfur Peace Agreement; or (c) ECONOMIC ASSISTANCE.— ment; and (C) the shipment of military assistance (1) IN GENERAL.—Notwithstanding any (ii) the end use or retransfer controls that necessary to carry out elements of an agree- other provision of law, the President is au- will be applied to any items provided under ment referred to in subparagraph (B) if the thorized to provide economic assistance for this subsection. President has made the determination set Southern Sudan, Southern Kordofan/Nuba (3) WAIVER AUTHORITY.—Section 40 of the forth in section 8(c)(2). Mountains State, Blue Nile State, Abyei, Arms Export Control Act (22 U.S.C. 2780) (f) PROHIBITION ON ASSISTANCE TO COUN- Darfur, and marginalized areas in and shall not apply to assistance provided under TRIES IN VIOLATION OF UNITED NATIONS SECU- around Khartoum, in an effort to provide paragraph (1). RITY COUNCIL RESOLUTIONS 1556 AND 1591.— emergency relief, to promote economic self- (e) EXCEPTION TO PROHIBITIONS IN EXECU- (1) PROHIBITION.—Amounts made available sufficiency, to build civil authority, to pro- TIVE ORDER NUMBER 13067.—Notwithstanding to carry out the Foreign Assistance Act of vide education, to enhance rule of law and any other provision of law, the prohibitions 1961 (22 U.S.C. 2151 et seq.) may not be used the development of judicial and legal frame- set forth with respect to Sudan in Executive to provide assistance (other than humani- works, to support people to people reconcili- Order No. 13067 (62 Fed. Reg. 59989) shall not tarian assistance) to the government of a ation efforts, and to implement any non- apply to activities or related transactions country that is in violation of the embargo military program in support of any viable with respect to Southern Sudan, Southern on military assistance with respect to Sudan peace agreement in Sudan, including the Kordofan/Nuba Mountains State, Blue Nile imposed pursuant to United Nations Secu- Comprehensive Peace Agreement for Sudan State, Abyei, Darfur, or marginalized areas rity Council Resolutions 1556 (2004) and 1591 and the Darfur Peace Agreement. in and around Khartoum. (2005). (2) CONGRESSIONAL NOTIFICATION.—Assist- SEC. 9. REPORTING REQUIREMENTS. (2) WAIVER.—The President may waive the ance may not be obligated under this sub- Section 8 of the Sudan Peace Act (Public application of paragraph (1) if the President section until 15 days after the date on which Law 107–245; 50 U.S.C. 1701 note) is amended— determines, and certifies to the appropriate the Secretary of State notifies the congres- (1) by redesignating subsection (c) as sub- congressional committees, that such waiver sional committees specified in section 634A section (g); and

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00137 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9996 CONGRESSIONAL RECORD — SENATE September 21, 2006 (2) by inserting after subsection (b) the fol- Urban Affairs be authorized to meet The PRESIDING OFFICER. Without lowing: during the session of the Senate on objection, it is so ordered. ‘‘(c) REPORT ON AFRICAN UNION MISSION IN Thursday, September 21, 2006, at 10 COMMITTEE ON FINANCE SUDAN.—Until such time as AMIS concludes a.m. to mark up an original bill enti- its mission in Darfur, in conjunction with Mr. Thune. Mr. President, I ask the other reports required under this section, tled the Export-Import Bank Reauthor- unanimous consent that the Com- the Secretary of State, in consultation with ization Act of 2006. mittee on Finance be authorized to all relevant Federal departments and agen- The PRESIDING OFFICER. Without meet during the session on Thursday, cies, shall prepare and submit a report, to objection, it is so ordered. September 21, 2006, at 10:00 a.m., in 215 the appropriate congressional committees, COMMITTEE ON COMMERCE, SCIENCE, AND Dirksen Senate Office Building, to con- regarding— TRANSPORTATION sider the nomination of Mr. John K. ‘‘(1) a detailed description of all United Mr. THUNE. Mr. President, I ask Veroneau, of Virginia, to be Deputy States assistance provided to the African unanimous consent that the Com- United States Trade Representative, Union Mission in Sudan (referred to in this subsection as ‘AMIS’) since the establish- mittee on Commerce, Science, and with the Rank of Ambassador, Execu- ment of AMIS, reported by fiscal year and Transportation be authorized to hold a tive Office of the President. the type and purpose of such assistance; and full committee hearing on pending The PRESIDING OFFICER. Without ‘‘(2) the level of other international assist- nominations on Thursday, September objection, it is so ordered. ance provided to AMIS, including assistance 21, 2006 at 2:30 p.m. COMMITTEE ON FOREIGN RELATIONS from countries, regional and international The PRESIDING OFFICER. Without Mr. THUNE. Mr. President, I ask organizations, such as the North Atlantic objection, it is so ordered. unanimous consent that the Com- Treaty Organization, the European Union, COMMITTEE ON ENERGY AND NATURAL mittee on Foreign Relations be author- the Arab League, and the United Nations, re- RESOURCES ized to meet during the session of the ported by fiscal year and the type and pur- pose of such assistance, to the extent pos- Mr. THUNE. President, I ask unani- Senate on Thursday, September 21, sible. mous consent that the Committee on 2006, at 9:30 a.m. to hold a hearing on ‘‘(d) REPORT ON SANCTIONS IN SUPPORT OF Energy and Natural Resources be au- Afghanistan. PEACE IN DARFUR.—In conjunction with the thorized to meet during the session of The PRESIDING OFFICER. Without other reports required under this section, the the Senate on Thursday, September 21 objection, it is so ordered. Secretary of State shall submit a report to at 10 a.m. The purpose of the hearing is COMMITTEE ON THE JUDICIARY the appropriate congressional committees to consider the nomination of Mary Mr. THUNE. Mr. President, I ask regarding sanctions imposed under section 6 unanimous consent that the Com- of the Comprehensive Peace in Sudan Act of Amelia Bomar, of Pennsylvania, to be 2004, including— Director of the National Park Service, mittee on the Judiciary be authorized ‘‘(1) a description of each sanction imposed Vice Frances P, Mainella, resigned. to meet to conduct a markup on Thurs- under such provision of law; The PRESIDING OFFICER. Without day, September 21, 2006, at 9:30 a.m. in ‘‘(2) the name of the individual or entity objection, it is so ordered. the Dirksen Senate Office Building subject to the sanction, if applicable; and COMMITTEE ON ENVIRONMENTAL AND PUBLIC Room 226. ‘‘(3) whether or not such individual has WORKS Agenda been identified by the United Nations panel Mr. THUNE. Mr. President: I ask of experts. I. Nominations ‘‘(e) REPORT ON UNITED STATES MILITARY unanimous consent that on Thursday, ASSISTANCE.—In conjunction with the other September 21st, 2006 at 10:15 a.m. the Terrence W. Boyle, to be U.S. Circuit reports required under this section, the Sec- Committee on Environment and Public Judge for the Fourth Circuit; William retary of State shall submit a report to the Works be authorized to hold a Business James Haynes II, to be U.S. Circuit appropriate congressional committees de- Meeting to consider the following Judge for the Fourth Circuit; Kent A. scribing the effectiveness of any assistance agenda: Jordan, to be U.S. Circuit Judge for the provided under section 8 of the Darfur Peace Legislation: Third Circuit; Peter D. Keisler, to be and Accountability Act of 2006, including— H.R. 1463, To designate a portion of U.S. Circuit Judge for the District of ‘‘(1) a detailed annex on any military as- sistance provided in the period covered by the Federal building located at 2100 Columbia Circuit; William Gerry Myers this report; Jamieson Avenue, in Alexandria, VA, III, to be U.S. Circuit Judge for the ‘‘(2) the results of any review or other as the ‘Justin W. Williams United Ninth Circuit; Norman Randy Smith, monitoring conducted by the Federal Gov- States Attorney’s Building.’ to be U.S. Circuit Judge for the Ninth ernment with respect to assistance provided Nominations: Circuit; Valerie L. Baker, to be U.S. under that Act; and Roger Romulus Martella, Jr. to be District Judge for the Central District ‘‘(3) any unauthorized retransfer or use of Assistant Administrator of the Envi- of California; Francisco Augusto military assistance furnished by the United ronmental Protection Agency Besosa, to be U.S. District Judge for States.’’. Alex A. Beehler to be Assistant Ad- the District of Puerto Rico; Nora Barry SA 5034. Mr. CRAIG proposed an ministrator of the Environmental Pro- Fischer, to be U.S. District Judge for amendment to the bill S. 2562, to in- tection Agency the Western District of Pennsylvania; crease, effective as of December 1, 2006, William H. Graves to be a Member of Gregory Kent Frizzell, to be U.S. Dis- the rates of compensation for veterans the Board of Directors of the Tennessee trict Judge for the Northern District of with service-connected disabilities and Valley Authority Oklahoma; Philip S. Gutierrez, to be the rates of dependency and indemnity Brigadier General Bruce Arlan Ber- U.S. District Judge for the Central Dis- compensation for the survivors of cer- wick to be a Member of the Mississippi trict of California; Marcia Morales tain disabled veterans; as follows: River Commission Howard, to be U.S. District Judge for Colonel Gregg F. Martin to be a On page 4, after line 8, add the following: the Middle District of Florida; John Al- Member of the Mississippi River Com- fred Jarvey, to be U.S. District Judge SEC. 4. TECHNICAL AMENDMENT. mission for the Southern District of Iowa; Sara Section 1311 of title 38, United States Code, Brigadier General Robert Crear to be is amended by redesignating the second sub- Elizabeth Lioi, to be U.S. District section (e) (as added by section 301(a) of the a Member of the Mississippi River Judge for the Northern District of Veterans Benefits Improvement Act of 2004 Commission Ohio; Lawrence Joseph O’Neill, to be (Public Law 108–454; 118 Stat. 3610)) as sub- Rear Admiral Samuel P. DeBow, Jr. U.S. District Judge for the Eastern section (f). to be a Member of the Mississippi River District of California; Lisa Godbey f Commission Wood; to be U.S. District Judge for the Resolutions: Southern District of Georgia. AUTHORITY FOR COMMITTEES TO 6 Committee resolutions authorizing MEET prospectuses from GSA’s fiscal year II. Bills COMMITTEE ON BANKING, HOUSING, AND URBAN 2007 Capital Investment and Leasing S. 2831, Free Flow of Information Act AFFAIRS Program of 2006, Lugar, Specter, Schumer, Gra- Mr. THUNE. Mr. President, I ask Committee resolution to direct GSA ham, Biden, Grassley; unanimous consent that the Com- to prepare a Report of Building Project S. 155, Gang Prevention and Effective mittee on Banking, Housing, and Survey Deterrence Act of 2005, Feinstein,

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00138 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9997 Hatch, Grassley, Cornyn, Kyl, Specter; the construction of the Arkansas Val- the grade indicated under title 14, U.S.C., S. 1845, Circuit Court of Appeals Re- ley conduit in the State of Colorado, section 271: structuring and Modernization Act of and for other purposes; S. 1811, to au- To be rear admiral (lower half) 2005, Ensign, Kyl; thorize the Secretary of the Interior to Capt. Thomas F. Atkin, 0000 S. 394, Open Government Act of 2005, study the feasibility of enlarging the Capt. Christopher C. Colvin, 0000 Cornyn, Leahy, Feingold; Argur V. Watkins Dam Weber Basin Capt. Cynthia A. Coogan, 0000 S. 3880, Animal Enterprise Terrorism Project, UT, to provide additional Capt. David T. Glenn, 0000 Act, Inhofe, Feinstein; water for the Weber Basin Project to Capt. Mary E. Landry, 0000 fulfill the purposes for which that Capt. Ronald J. Rabago, 0000 S. 2644, Perform Act of 2006, Fein- Capt. Paul F. Zukunft, 0000 stein, Graham, Biden; project was authorized; S. 2070, to pro- CORPORATION FOR NATIONAL AND COMMUNITY S. 3818, Patent Reform Act of 2006, vide certain requirements for hydro- SERVICE Hatch, Leahy. electric projects on the Mohawk River Stephen Goldsmith, of Indiana, to be a The PRESIDING OFFICER. Without in the State of New York; S. 3522, to amend the Bonneville Power Adminis- Member of the Board of Directors of the Cor- objection, it is so ordered. poration for National and Community Serv- tration portions of the Fisheries Res- COMMITTEE ON THE JUDICIARY ice for a term expiring October 6, 2010. (Re- toration and Irrigation Mitigation Act Mr. THUNE. Mr. President, I ask appointment) of 2000 to authorize appropriations for unanimous consent that the Sub- INSTITUTE OF MUSEUM AND LIBRARY SERVICES fiscal years 2006 through 2012, and for committee on Corrections and Reha- other purposes; S. 3832, to direct the Sandra Pickett, of Texas to be a Member of the National Museum and Library Services bilitation be authorized to meet to con- Secretary of the Interior to establish duct a hearing on ‘‘Oversight of Fed- Board for a term expiring December 6, 2010. criteria to transfer title to reclamation (Reappointment) eral Assistance for Prisoner Rehabili- facilities, and for other purposes; S. HARRY S TRUMAN SCHOLARSHIP FOUNDATION tation and Reentry in Our States’’ on 3851, to provide for the extension of Thursday, September 21, 2006, at 2:30 preliminary permit periods by the Fed- Roger L. Hunt, of Nevada, to be a Member p.m. in SD226. of the Board of Trustees of the Harry S Tru- eral Energy Regulatory Commission man Scholarship Foundation for a term ex- Witness List: for certain hydroelectric projects in piring December 9, 2009. the State of Alaska; S. 3798, to direct Panel I: Mason Bishop, Deputy As- John E. Kidde, of California, to be a Mem- the Secretary of the Interior to exclude ber of the Board of Trustees of the Harry S. sistant Secretary, Employment and and defer from the pooled reimbursable Truman Scholarship Foundation for a term Training Administration, U.S. Depart- costs of the unused capacity of the expiring December 10, 2011. ment of Labor, Washington, DC, Re- Folsome South Canal, Auburn-Folsom NATIONAL INSTITUTE FOR LITERACY gina Schofield, Assistant Attorney South Unit, Central Valley Project, Eliza McFadden, of Florida, to be a Mem- General, Office of Justice Programs, and for other purposes; H.R. 2563, to au- ber of the National Institute for Literacy U.S. Department of Justice, Wash- thorize the Secretary of the Interior to Advisory Board for a term expiring January ington, DC, Robert Bogart, Director, conduct feasibility studies to address 30, 2009, vice Douglas Carnine, term expired. Center for Faith Based and Community certain water shortages within the NATIONAL FOUNDATION ON THE ARTS AND THE Initiatives, U.S. Department of Hous- Snake, Boise, and Payette River sys- HUMANITIES ing and Urban Development, Wash- tems in Idaho, and for other purposes; Jane M. Doggett, of Montana, to be a Mem- ington, DC, Cheri Nolan, Senior Policy and H.R. 3897, to authorize the Sec- ber of the National Council on the Human- Advisor, Criminal and Juvenile Justice retary of the Interior, acting through ities for a term expiring January 26, 2012. at the Substance Abuse and Mental the Bureau of Reclamation to enter DEPARTMENT OF LABOR Health Administration, Department of into a cooperative agreement with the Randolph James Clerihue, of Virginia, to Health and Human Services, Wash- Madera Irrigation District for purposes be an Assistant Secretary of Labor. ington, DC. of supporting the Madera Water Supply NATIONAL SCIENCE FOUNDATION Panel II: Roger Werholtz, Secretary Enhancement Project. Arthur K. Reilly, of New Jersey, to be a of Corrections, Kansas Department of The PRESIDING OFFICER. Without Member of the National Science Board, Na- Corrections, Topeka, KS, Diane Wil- objection, it is so ordered. tional Science Foundation, for a term expir- liams, President and CEO, Safer Foun- f ing May 10, 2012. dation, Chicago, IL. EXECUTIVE SESSION DEPARTMENT OF EDUCATION The PRESIDING OFFICER. Without Lauran M. Maddox, of Virginia, to be As- objection, it is so ordered. sistant Secretary for Communications and SELECT COMMITTEE ON INTELLIGENCE EXECUTIVE CALENDAR Outreach, Department of Education. Mr. THUNE. Mr. President, I ask Mr. FRIST. Mr. President, I ask NOMINATIONS PLACED ON THE SECRETARY’S unanimous consent that the Select unanimous consent that the Senate im- DESK Committee on Intelligence be author- mediately proceed to executive session COAST GUARD ized to meet during the session of the to consider the following nominations PN1965 COAST GUARD nomination of Tina Senate on September 21, 2006 at 2:30 on today’s Executive Calendar: Cal- J. Urban, which was received by the Senate p.m to hold a closed hearing. endar Nos. 737, 831, 905, 906, 909, 910, 911, and appeared in the Congressional Record of The PRESIDING OFFICER. Without 912, 913, 914, 915, 916, and all nomina- September 7, 2006. objection, it is so ordered. tions on the Secretary’s desk. I further PUBLIC HEALTH SERVICE SPECIAL COMMITTEE ON AGING ask unanimous consent that the nomi- PN1851 PUBLIC HEALTH SERVICE nomi- Mr. THUNE. Mr. President, I ask nations be confirmed en bloc, the mo- nations (256) beginning Judith Louise Bader, unanimous consent that the Special tions to reconsider be laid upon the and ending Raquel Antonia Peat, which nominations were received by the Senate and Committee on Aging be authorized to table, the President be immediately appeared in the Congressional Record of July meet Thursday, September 21, 2006 notified of the Senate’s action, and the 27, 2006. from 10 a.m.–12 p.m. in Dirksen 562 for Senate then return to legislative ses- Mr. LEAHY. Mr. President, today we the purpose of conducting a hearing. sion. consider a nominee for the new posi- The PRESIDING OFFICER. Without The PRESIDING OFFICER. Without tion of Assistant Attorney General for objection, it is so ordered. objection, it is so ordered. the National Security Division. All too The nominations considered and con- SUBCOMMITTEE ON WATER AND POWER often, in the Bush-Cheney administra- firmed en bloc are as follows: Mr. THUNE. Mr. President, I ask tion, national security has been cited DEPARTMENT OF JUSTICE unanimous consent that the Sub- as a justification for overriding the Kenneth L. Wainstein, of Virginia, to be an committee on Water and Power be au- Assistant Attorney General. (New Position) rule of law and for imposing unprece- thorized to meet during the session of Frank R. Jimenez, of Florida, to be Gen- dented secrecy. With the acquiescence the Senate on Thursday, September 21 eral Counsel of the Department of the Navy. of the Republican-controlled Congress, at 2:30 p.m. COAST GUARD this administration may be the most The purpose of the hearing is to re- The following named officers for appoint- unresponsive in history and the most ceive testimony on S. 1106, to authorize ment in the United States Coast Guard to unaccountable.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00139 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S9998 CONGRESSIONAL RECORD — SENATE September 21, 2006 Ken Wainstein is President Bush’s se- NSA’s domestic spying activities and There being no objection, the mate- lection to be the first Assistant Attor- more about why the administration rial was ordered to be printed in the ney General for National Security, a chose to flout the law and bypass both RECORD, as follows: new position created by Congress. I the FISA Court and the Congress. FRATERNAL ORDER OF POLICE, will not oppose this nomination in the I support Senator FEINSTEIN’s bipar- Washington, DC, June 9, 2006. hope that Mr. Wainstein will work with tisan bill, which we also reported out Hon. ARLEN SPECTER, us and be responsive to the Senate. of committee, and I commend her for Chairman, Committee on the Judiciary, U.S. I have concerns about this adminis- her hard work to get it done. We should Senate, Washington, DC. Hon. PATRICK J. LEAHY, tration’s unilateral approach to na- follow Senator FEINSTEIN’s thoughtful, tional security issues. Four years ago, Ranking Member, Committee on the Judiciary, cautious, and narrowly tailored ap- U.S. Senate, Washington. DC. the Office of Legal Counsel at the Jus- proach. Her bill addresses the one con- DEAR MR. CHAIRMAN SPECTER AND SENATOR tice Department issued a secret legal crete problem with FISA that the At- LEAHY: I am writing on behalf of the mem- opinion concluding that the President torney General identified, by making it bers of the Fraternal Order of Police to ad- of the United States had the power to easier for the Government to initiate vise you of our position on the nomination of override domestic and international electronic surveillance in emergency Kenneth L. Wainstein, currently the U.S. At- torney for the District of Columbia, to be the laws outlawing torture. The memo situations. It also clarifies that FISA sought to redefine torture and asserted Assistant Attorney General for the National does not require the Government to ob- Security Division at the U.S. Department of that the President enjoys ‘‘complete tain a warrant in order to intercept Justice. authority over the conduct of war’’ and foreign-to-foreign communications, re- The F.O.P. is very frustrated by the man- asserted that application of the crimi- gardless of where the interception oc- ner in which Mr. Wainstein is handling the nal law passed by Congress prohibiting curs. investigation into the attack on a Federal torture ‘‘in a manner that interferes At the same time, we should con- law enforcement officer by U.S. Representa- with the president’s direction of such tive Cynthia L. McKinney. The grand jury tinue to press the administration for has held this case for more than two months core war matters as the detention and information. We should not take ‘‘no’’ when the usual practice of a Federal pros- interrogation of enemy combatants for an answer. As this administration ecutor is to immediately arrest and swiftly would be unconstitutional.’’ It seemed continues to expand its power, the De- indict people that attack police officers. It is to assert that the President could im- partment of Justice should be advising clear to us that the accused in this case is munize people from prosecution for the President to obey the law and re- receiving special treatment from Mr. violations of U.S. criminal laws that Wainstein. This is unacceptable—had the of- spect the Congress and the courts, not ficer’s attacker in this case been a visitor to prohibit torture. This memo was with- just helping to rationalize actions and the Capitol instead of a U.S. Representative, drawn only after it became public be- forestall oversight. it is likely that he or she would have already cause it could not withstand public In theory, the new position to which stood trial. Instead, under the stewardship of scrutiny. Mr. Wainstein has been nominated Mr. Wainstein, we have a seemingly endless We have learned through the media might help Department of Justice at- grand jury proceeding and rumored talks of of warrantless wiretapping and data- torneys to act responsibly on national a plea deal, despite the fact that there has mining conducted by this administra- not even been an indictment. security issues, rather than just to do Given that the basic function of a pros- tion. This, despite the Foreign Surveil- the White House’s bidding. It should ecutor is to investigate and prosecute cases, lance Intelligence Act and its express put national security issues into the and given that Mr. Wainstein seems unwill- provisions, as well as the actions of the hands of experts, not political cronies. ing to perform this function in a simple as- Senate in voting to curtail the data- In fact, the WMD Commission rec- sault case, the F.O.P. was initially reluctant mining programs by Admiral ommended in March of last year that to support his nomination to Assistant At- Poindexter at the Defense Department. the different components of the De- torney General. However, upon further re- flection, we have reconsidered. There is a We have yet to be provided with a con- partment’s dealings with national se- genuine need to have an effective and appro- vincing legal justification for these curity, terrorism, counterintelligence, priately aggressive Federal prosecutor in the programs. We have yet to be able to in- and foreign intelligence surveillance be District of Columbia and, because the re- vestigate or hold the administration combined to eliminate deficiencies and sponsibilities of the position for which he accountable. Instead, every effort at inefficiencies in the Department’s na- has been nominated are largely advisory in oversight and accountability has been tional security efforts. Congress acted nature, we have decided to advocate his swift obstructed or curtailed by the adminis- and immediate confirmation in order to fa- to create the post. This new Assistant cilitate his departure from the U.S. Attor- tration. The administration refuses to Attorney General position can only ney’s office. In so doing, we hope that his re- follow the law and submit matters to serve a useful role if the person who oc- placement will prove to be better able to the FISA Court and claims state se- cupies it is willing to think independ- handle pending cases—particularly those in- crets to force court challenges to be ently. This administration has consist- volving assaults on law enforcement officers. dismissed. The administration tells the ently prized loyalty over independence Justice is something that must be vigor- Senate when, what and how it may in- ously pursued and Mr. Wainstein is waffling. and expertise. We feel that someone of his temperament is vestigate. The Department of Justice’s Mr. Wainstein has some experience as better suited to a less operational position own internal Office of Professional Re- a prosecutor, but he has also been a and, for this reason, on behalf of the more sponsibility’s probe of whether lawyers loyal official of this administration for than 324,000 members of the Fraternal Order at the Department violated ethical some time now. I hope that he will be of Police, we urge his expeditious confirma- rules in justifying these activities was able to look at the crucial national se- tion. I thank you both in advance for your shut down by the Attorney General and curity issues to be handled by this new consideration of our views on this matter. If the White House. office with a critical eye and a view to- I can be of any further help, please feel free to contact me or Executive Director Jim I was disappointed 2 weeks ago when ward respecting law and the Congress. Pasco at my Washington office. the Judiciary Committee reported out If he does, he will be a breath of fresh Sincerely, a bill on party lines that would air in the Bush-Cheney administration. CHUCK CANTERBURY, rubberstamp the administration’s Recently, Judiciary Committee National President. warrantless wiretapping. We were told Chairman SPECTER and I received a let- Mr. LEVIN. Mr. President, Kenneth that the administration would only fol- ter from the Fraternal Order of Police. Wainstein is President Bush’s nominee low the law if we passed the legislation The FOP ‘‘endorsed’’ Mr. Wainstein ‘‘in to be Assistant Attorney General for endorsed by Vice President CHENEY. order to facilitate his departure from National Security at the Department This is a bill that would expand gov- the U.S. Attorney’s Office.’’ They criti- of Justice. From July 2002 to March ernmental power and reduce govern- cized him for being ‘‘unwilling to per- 2003, Mr. Wainstein was the general mental accountability in an area in form’’ the function of investigating and counsel at the FBI and from March 2003 which we have been unable to engage prosecuting an alleged attack on a po- until May 2004 Mr. Wainstein was the in effective oversight. As I have said lice officer. That is not what I would FBI Director’s chief of staff. many times and as I continue to be- term high praise for his judgment. I FBI documents, released in response lieve, we should not legislate in this ask unanimous consent that a copy of to a Freedom of Information Act re- area until we know more about the the letter be printed in the RECORD. quest, show that during Mr.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00140 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S9999 Wainstein’s tenure at the Bureau, FBI As soon as I heard [about concerns about Mr. President, I ask unanimous con- agents at Guantanamo sent e-mails to interrogation tactics] from BAU [the Behav- sent that the letters to which I referred FBI headquarters objecting to DOD in- ioral Analysis Unit] [in late 2002] I talked be printed in the RECORD. terrogation techniques being used on with (now retired Executive Assistant Direc- There being no objection, the mate- detainees there. FBI agents described tor Pat D’Amuro who immediately said we (the FBI) would not be a party to actions of rial was ordered to be printed in the DOD’s methods as ‘‘torture’’ tech- any kind that were contrary to FBI policy RECORD, as follows: niques and expressed alarm over mili- and that individuals should distance them- U.S. SENATE, tary interrogation plans. selves from any such actions. . . . He made it Washington, DC, June 9, 2006. Over the past several months I have abundantly clear that FBI would adhere to Mr. KENNETH WAINSTEIN, posed a number of questions to Mr. its standards and, to the extent possible, Washington, DC. Wainstein and Mr. Marion Bowman, would not put itself in a position that would DEAR MR. WAINSTEIN: I have reviewed your who was his former deputy at the FBI create even the appearance that those stand- answers to my Questions for the Record and General Counsel’s office, regarding ards had been compromised by physical asso- would appreciate you clarifying a number of their knowledge of those concerns and ciation with activities inconsistent with the your responses and providing some addi- tenets of the Bureau. tional information which is relevant to them their actions in response to hearing and the consideration of your nomination. about them. I also requested from the The responses of Mr. Wainstein and 1. Please provide an unredacted version of Department of Justice a number of Mr. Bowman contrast with those of each of the documents contained in the documents relevant to Mr. Wainstein’s Alice Fisher, who the Senate confirmed packet I provided. nomination. earlier this week to be head of the 2. Question 1D (ii) in my questions asked Mr. Wainstein’s June 19, 2006, an- Criminal Division at the Department of whether you or anyone in your office raised swers confirm that he was aware and Justice. Throughout her nomination concerns about Department of Defense (DoD) ‘‘there was wide awareness within the process, Ms. Fisher maintained that interrogation techniques with the DoD, in- FBI—that FBI personnel stationed at she heard nothing about FBI concerns cluding the DoD General Counsel. Your an- swer stated ‘‘I also understand that the FBI’s Guantanamo disagreed with the ag- regarding DOD interrogation tech- Office of the General Counsel conveyed those gressive techniques that were author- niques other than vague concerns concerns to the DoD office of the General ized to be used there. . . .’’ His July 14, about effectiveness. Mr. Wainstein has Counsel.’’ 2006, letter to me indicated that the said that ‘‘there was wide awareness (A) When did the FBI Office of General FBI’s Office of General Counsel con- within the FBI—that FBI personnel Counsel convey those concerns? veyed those concerns to the Depart- stationed at Guantanamo disagreed (B) Were those concerns conveyed orally or ment of Defense’s General Counsel and with the aggressive techniques that in writing? If orally, please summarize the said that his office expected that DOD substance of the concerns that were commu- were authorized to be used there. . . .’’ nicated. If in writing, please provide copies. would address the FBI concerns. Mr. While Ms. Fisher was in the Criminal In addition, please provide the name(s) of the Wainstein also told me in his July 14 Division at DOJ and not the FBI, her person(s) in the FBI’s Office of the General letter that he discussed detainee inter- claim of no awareness strikes me as Counsel who communicated those concerns, rogations with FBI Director Mueller somewhat incredible given the raging if they were conveyed orally, or who drafted and that the Director ‘‘maintained a dispute going on between the FBI and the communication, if they were conveyed in bright line rule barring FBI personnel DOD. As I urged in the debate on Ms. writing. from involvement in interviews that 3. Question 2B asked about Document #2 in Fisher’s confirmation, I felt it essen- the packet I provided. Your response stated, employed techniques inconsistent with tial that documents which might shed FBI guidelines.’’ I will ask that copies ‘‘I am not aware that any attorney from the light on whether she was aware of that FBI office of the General Counsel examined of my letters to Mr. Wainstein and his dispute be made available to the Sen- the legal analysis in the document . . .’’ I replies to me be printed in the RECORD. ate. am attempting to reconcile that response In connection with Mr. Wainstein’s In Mr. Wainstein’s case, I have been with several other documents in the packet nomination, I also posed a number of able to question officials who worked I provided: questions to Mr. Bowman, Mr. with Mr. Wainstein. Mr. Bowman an- Document #2A, an email dated December 2, 2002, requests that the ‘‘Legal Issues Doc’’ be Wainstein’s deputy in the FBI General swered my letters. In the case of Ms. Counsel’s office. Over the August re- forwarded to ‘‘Spike Bowman,’’ presumably Fisher, the Justice Department con- referring to Marion Bowman, a senior attor- cess, I received a reply to my most re- tinues to block people who worked for cent letter to Mr. Bowman. I will ask ney in the FBI Office of General Counsel. her, namely David Nahmias and Bruce Document #2B, an email sent by Marion that copies of my letters to Mr. Bow- Swartz, from answering my questions. Bowman and dated December 3, 2002, is enti- man and his responses to me be printed I continue to be troubled by the De- tled ‘‘Fwd Re Legal Issues Re GTMO.’’ in the RECORD. partment of Justice’s stonewalling of Document #2C, an email dated December 9, Mr. Bowman’s answers to my earlier 2002, refers to a legal review being under- questions and his more recent response my requests for documents relevant to taken by Mr. Bowman and states that docu- shed additional light on the concerns events at Guantanamo. The Depart- ments attached may be of interest to that about detainee treatment at Guanta- ment’s stonewalling is simply the lat- review, including ‘‘a review of interrogation namo. Mr. Bowman wrote on June 27, est example of the Department’s pat- methods by a DoD lawyer’’ who ‘‘worked 2006, that after he heard from FBI per- tern of secrecy and obstruction. hard to write a legal justification for the type of interviews they (the Army) want to sonnel in Guantanamo in late 2002, he For years, this administration has run roughshod over a compliant Repub- conduct here.’’ believes that he ‘‘recommended—to Document #2E, an email dated December Wainstein—that we notify DOD’s gen- lican-controlled Congress. Congres- 17, 2002, is a response from Marion Bowman eral counsel that there were concerns sional oversight is desperately lacking. and is entitled ‘‘Fwd Legal Issues re Guanta- about the treatment of detainees at The Department’s continuing denial to namo Bay.’’ Guantanamo.’’ Mr Bowman also said in the Senate access to information we Those emails clearly demonstrate that a that reply that he learned of ‘‘legal need to carry out our responsibilities senior attorney in your office was aware of concerns among some DOD personnel violates fundamental constitutional legal issues being raised by FBI employees with regard to DoD interrogation techniques about the DOD tactics.’’ principles. Every Senator should stand up for the right of any individual Sen- at Guantanamo. Indeed, they indicate that a With regards to the directive issued review of those techniques was undertaken by FBI Director Mueller that FBI per- ator to review relevant documents. by that same senior attorney. sonnel ‘‘stand clear’’ of any interroga- That said, Mr. Wainstein and his dep- (A) Were you aware of FBI personnel at tions that used techniques other than uty Mr. Bowman have been forth- Guantanamo, or their supervisors, con- those approved by the FBI, Mr. Bow- coming. They do not control the docu- tacting Mr. Marion Bowman or other attor- man wrote me on August 7, 2006, that ments I seek. The Department of Jus- neys in the FBI Office of the General Counsel he does not recall when Director tice does. Either or both of those men regarding legal issues relating to Defense Mueller issued the policy. However, Mr. might be willing to provide them. Un- Department interrogation techniques at Guantanamo in 2002 or 2003? If so, did you Bowman recalled a discussion that re- fortunately, neither is in a position to discuss this with anyone in the FBI or take flected the concerns that FBI leaders do so. Mr. Wainstein has answered to any other action? had about what they were hearing from the best of his ability and I will sup- (B) Were you aware of Mr. Bowman or Guantanamo. Mr. Bowman told me: port his nomination. other attorneys in the FBI Office of General

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00141 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10000 CONGRESSIONAL RECORD — SENATE September 21, 2006 Counsel ‘‘reviewing legal aspects of inter- 1. In the packet provided, Document #1C, states that you are ‘‘reviewing legal aspects views’’ conducted at Guantanamo in 2002 or dated May 30, 2003 and addressed to your at- of interviews’’ at Guantanamo. That same 2003? If so, did you discuss this with them or tention, summarizes FBI agents’ objections email describes one of the attachments as a take any other action? in 2002 and 2003 to DoD’s use of aggressive in- ‘‘review of interrogation methods by a DoD (C) Were you aware of Mr. Bowman or terrogation techniques which were ‘‘of ques- lawyer.’’ other attorneys in the FBI Office of General tionable effectiveness and subject to uncer- Document #2E, another email from you, Counsel being provided documents ‘‘of inter- tain interpretation based on law and regula- dated December 17, 2002, is entitled ‘‘Fwd est’’ to a review of legal aspects of inter- tion.’’ Legal Issues re Guantanamo Bay.’’ views at Guantanamo in 2002 or 2003, includ- A. Do you remember Document # 1 C? A. Do you know the name of the author of ing a review of interrogation methods by a B. Were you aware, from Document # 1 C the ‘‘Legal Analysis’’ document (Document DoD lawyer? If so, did you review any of or otherwise, of FBI agents’ concerns regard- #2)? If so, please provide the name. these documents, discuss this issue with any- ing military interrogators’ use of aggressive B. Did you at any time discuss the analysis one in the FBI, or take any other action? interrogation tactics at Guantanamo? If so, contained in the ‘‘Legal Analysis’’ document (D) Were you aware of any comment that when were you first aware of these concerns? (Document #2) with Mr. Wainstein? If not, Mr. Bowman or other attorneys in your of- Did you bring these concerns to the atten- why not? If so, are you aware of whether he took any actions or directed you to take any fice may have made to FBI personnel in tion of Mr. Wainstein? If not, why not? If so, actions as a result? Guantanamo in 2002 or 2003 regarding DoD what was Mr. Wainstein’s response to those interrogation techniques? If so, what was the C. The ‘‘Legal Analysis’’ document (Docu- concerns? ment #2) describes one ‘‘Category IV’’ inter- substance of such comment? C. Were you aware of FBI agents’ concerns (E) If you were not aware of email ex- rogation technique as ‘‘Detainee will be sent that these techniques were not only ‘‘of off [Guantanamo], either temporarily or per- changes or other communications between questionable effectiveness’’ but also ‘‘subject FBI personnel and Mr. Marion Bowman or manently, to Jordan, Egypt, or another third to uncertain interpretation based on law and country to allow those countries to employ other attorneys in the office of the FBI Gen- regulation’’? Did you raise these concerns eral Counsel regarding legal aspects relating interrogation techniques that will enable with Mr. Wainstein? If not, why not? If so, them to obtain the requisite information.’’ to interrogation techniques at Guantanamo are you aware of whether he took any ac- during the period you were FBI General This would appear to suggest the use of ren- tions or directed you to take any actions as dition as an interrogation technique. Did Counsel, to what do you ascribe your lack of a result? awareness? you at any time discuss the issue of ren- 2. In his answers to my questions, Mr. dition with Mr. Wainstein? If not, why not? (F) Please provide the name of the person Wainstein stated that the FBI’s Office of who drafted the legal analysis in Document If so, are you aware of whether he took any General Counsel (FBI OGC) conveyed FBI actions or directed you to take any actions #2. agents’ concerns regarding DoD interroga- 4. Your answer to Question 3 states that as a result? tion techniques to the DoD Office of General ‘‘Subsequent to the May 20 hearing, the FBI Did you or any attorney in the FBI OGC Counsel (DoD OGC). Did you participate in surveyed its personnel who had been in conduct a review the legal aspects of interro- discussions with DoD officials, including Guantanamo to determine whether any wit- gation techniques at Guantanamo? If not, from the DoD OGC, about FBI agents’ con- nessed mistreatment of detainees.’’ Please why not? Did you or any other person in provide the results of that survey. cerns regarding DoD interrogation tech- your presence discuss this review with Mr. 5. Your answer to Question 4 states that niques? If so, did you inform Mr. Wainstein Wainstein? If so, are you aware of whether ‘‘in the months following 9/11, the FBI re- about the outcome of these discussions? If he took any actions or directed you to take ceived numerous NSA tips . . .’’ Are you not, why not? any actions as a result? In addition, please provide unredacted cop- aware any instance following 9/11, where the 3. Document #1C also states that on De- ies of the documents in the attached packet FBI raised a concern with the National Secu- cember 2, 2002, an FBI employee sent several for which you were the sender, a recipient, or rity Agency (NSA) about the workload cre- documents to the head of the Behavioral in which you were specifically named. ated by the number of leads being provided Analysis Unit (BAU) in Quantico, who stated he would forward these documents to you. Thank you for your prompt responses to to the FBI by the NSA? these questions. 6. Question 5 asked about concerns that Di- According to Document #1C, the forwarded Sincerely, rector Mueller reportedly had regarding the documents included: (1) a letter to Guanta- CARL LEVIN. legal rationale for warrantless wiretaps. namo Commanding General Major General Your answer states that it would be ‘‘inap- Geoffrey Miller; (2) an Army Legal Brief on U.S. SENATE, propriate for me to describe any discussions Proposed Counter-Resistance Strategies; and COMMITTEE ON ARMED SERVICES, I may have witnessed or had with Director (3) a Legal Analysis of Interrogation Tech- Washington, DC, July 21, 2006. Mueller on this topic.’’ Please provide the niques by an FBI agent whose name is re- Mr. MARION BOWMAN, legal basis for your decision not to describe dacted. In his answers to my questions, Mr. Senior Counsel, Office of General Counsel, FBI those discussions. Wainstein could not recall seeing any of the I look forward to your prompt responses to documents specified in Document #1C, Headquarters, Washington, DC. DEAR MR. BOWMAN: Thank you for your re- my questions. Thank you. though he said ‘‘it is certainly possible’’ that sponse to my letter of June 9, 2006. On June Sincerely, you raised the documents with him. 29, 2006, I provided your response to Mr. Ken- CARL LEVIN. A. Did you receive and examine documents neth Wainstein and asked him some addi- related to interrogation techniques at Guan- tional questions regarding FBI personnel’s U.S. SENATE, tanamo in late 2002, including any of the concerns over DoD interrogation techniques Washington, DC, June 9, 2006. three documents specified in Document #1C? at Guantanamo. Mr. Wainstein responded to Mr. MARION BOWMAN, If so, when? Did you bring these documents me on July 14, 2006. A number of issues, how- Senior Counsel, Office of General Counsel, to the attention of Mr. Wainstein? If not, ever, require further clarification. FBI Headquarters, why not? If so, are you aware of whether he Please provide answers to the following: Washington, DC. took any actions or directed you to take any 1. In Mr. Wainstein’s responses of July 14, DEAR MR. BOWMAN: I am writing in connec- actions as a result? 2006, he states that he discussed concerns tion with the nomination of Kenneth B. If you examined the document described about detainee interrogations with Director Wainstein for the position of Assistant At- in Document #1C as an Army Legal Brief on Mueller ‘‘at some point in 2002 or 2003.’’ Fur- torney General for the National Security Di- Proposed Counter-Resistance Strategies, did ther he states that ‘‘The Director had made vision of the Department of Justice. Mr. you discuss the legal analysis contained in a policy decision to prohibit FBI personnel Wainstein has indicated that you worked for that document with Mr. Wainstein? If not, from participating in interrogation sessions and reported to him during his tenure as FBI why not? If so, did either Mr. Wainstein or in which non-FBI personnel were employing General Counsel. you have any concerns about that legal anal- techniques that did not comport with FBI I asked Mr. Wainstein a series of questions ysis? guidelines.’’ concerning a packet of FBI documents (at- 4. Also contained in the packet I provided A. In your response to my questions, you tached) which refer to concerns of FBI per- Mr. Wainstein were a number of other docu- describe a telephone call you received from sonnel at Guantanamo about aggressive in- ments in which you were also named: Behavioral Analysis Unit (BAU) personnel in terrogation techniques used by the Depart- Document #2, entitled ‘‘Legal Analysis of late 2002 regarding their concerns about in- ment of Defense (DoD). In his answers to my Interrogation Techniques,’’ indicates that it terrogation practices at Guantanamo. Did questions, Mr. Wainstein repeatedly stated was forwarded to you on November 27, 2002. you discuss these concerns with Director that he could not recall specific information Document #2A, dated December 2,2002, en- Mueller in late 2002? If so, what was the na- or documents contained in the packet. He titled ‘‘Legal Issues,’’ requests that a ‘‘Legal ture of those discussions? Was Mr. Wainstein also said that it was ‘‘possible’’ that you Issues Doc’’ be forwarded to you or an appro- aware of those discussions? were ‘‘the source’’ from which he learned of priate person. Document #2B, dated Decem- B. When did Director Mueller issue the pol- FBI concerns with DoD interrogation tech- ber 3, 2002, is an email from you and is enti- icy prohibiting the participation of FBI per- niques. tled ‘‘Fwd Re Legal Issues Re GTMO.’’ sonnel from interrogations involving tech- To assist me in filling in the gaps in Mr. Document #2C, dated December 9, 2002, niques that did not comport with FBI guide- Wainstein’s answers, please answer the fol- states that it includes a number of docu- lines? Please provide any documents relating lowing questions: ments which may be ‘‘of interest’’ to you and to the issuance of that policy.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00142 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S10001 2. In your response to Question #1B, you call having seen the document marked as #2, your questions, and I have drafted my re- state that you recommended to Mr. or the various emails marked #2A, #2B, #2C, sponses based on my review of the written Wainstein that your office notify the Depart- #2D or #2E; nor do I recall having specific responses from Mr. Bowman and the Federal ment of Defense Office of General Counsel conversations about them with Mr. Bowman Bureau of Investigation (FBI) e-mails and (DoD/OGC) that ‘‘there were concerns about or any other FBI Office of General Counsel memos that you provided me. the treatment of detainees in Guantanamo.’’ (OGC) lawyer. I do not recall ever hearing I. CONCERNS REGARDING INTERROGATIONS AT You add that Mr. Wainstein concurred in that Mr. Bowman or any other OGC lawyer GUANTANAMO this suggestion. When did you first contact was undertaking any formal legal review or The first of your two questions relates to the DoD/OGC regarding FBI personnel’s con- legal analysis of interrogation techniques concerns about the interrogation techniques cerns about the treatment of detainees in employed by another agency. I did not that Department of Defense (DOD) personnel Guantanamo? Was it in late 2002? To whom produce any formal legal opinion or OGC were using with detainees in Guantanamo. I did you communicate these concerns? legal memorandum on this topic while I was appreciate your concern about the treatment 3. In your response to Question #3A, you General Counsel. of detainees. As a criminal prosecutor for state that you received the ‘‘Legal Issues As I previously explained, I was aware— most of the past seventeen years, I have fre- Doc’’ in late 2002 and that, ‘‘Because at that and there was wide awareness within the quently been questioned about the treatment time I was working under the assumption FBI—that FBI personnel stationed at Guan- and interrogation of suspects, defendants that DoD General Counsel was taking appro- tanamo disagreed with the aggressive tech- and prisoners in my prosecutions. I have liti- priate action with respect to this issue, I did niques that were authorized to be used there gated suppression motions in numerous not believe that any particular action was and believed they were not effective at solic- homicide and other criminal cases where I necessary on the part of the FBI.’’ iting useful information that could be used had the burden of demonstrating that a con- A. Did you provide the ‘‘Legal Issues Doc’’ in subsequent prosecutions. As I saw In re- fession was procured under conditions and to the DoD/OGC? If so, when? sponse to the first set of questions (Question circumstances that passed constitutional B. Why did you assume at the time you re- 1, subpart Fiii), it is certainly possible that muster. I have always considered this scru- ceived this document that the DoD/OGC was Mr. Bowman or other OGC attorneys were tiny to be a part of my job, and I recognize taking appropriate action? Was this based on among those from whom I heard about those the government’s fundamental obligations your discussions with individuals in the DoD/ concerns. toward those it holds in custody. OGC? If so, what was the nature of those dis- Answer to Question 3F): I do not know who As I explained in previous responses, it was cussions? authored the document labeled #2. fairly well known during my tenure at the 4. In your response to Question #3B, you Answer to Question 4: I do not have the re- FBI that some FBI personnel were concerned state that you provided the attachments to sults of the survey conducted after the Di- about the DOD’s use of aggressive interroga- Document #1C, including the Army Legal rector’s May 20, 2004 hearing. I left the FBI tion techniques in Guantanamo. There was a Brief on Proposed Counter-Resistance Strat- on May 29, 2004, to become the interim sentiment that DOD’s techniques were not egies, to the Defense Humint Services Dep- United States Attorney for the District of effective in eliciting useful information and uty General Counsel. Please provide the Columbia. As I indicated in my previous re- that DOD should instead use the rapport- name of the individual in that office to sponses to your first set of post-hearing building approach that is routinely practiced whom you provided these documents. When questions, I do not know anything about the by the FBI and law enforcement in general. did you do so? results of the survey beyond the information There also was a concern that DOD’s tech- 5. In your response to Question #4A, you publicly disclosed by Director Mueller that I niques could complicate the introduction of state that you don’t know who authored the cited in my previous responses. subsequent admissions by detainees in any document entitled ‘‘Legal Analysis of Inter- Answer to Question 5: I do not know potential future criminal prosecutions. rogation Techniques,’’ but that ‘‘my under- whether the FBI raised any such concern Your letter inquires about the concerns re- standing is that the document was not draft- with the NSA. garding DOD interrogations that were com- ed by an FBI agent. Rather, an FBI agent Answer to Question 6: My view that it municated to former Deputy General Coun- copied it and forwarded it [to] FBI Head- would be inappropriate for me to comment sel Marion Bowman in late 2002 an early 2003. quarters.’’ about discussions with Director Mueller is During this time period, I recall hearing A. What is the basis for your under- based upon the confidentiality interests that about the concerns described in the previous standing that this document was not au- are implicated by my role as his chief of paragraph. However, as I have previously ex- thored by an FBI agent? staff and FBI General Counsel. I have been plained, I do not recall hearing any reports B. What is your understanding of the advised that this is consistent with long- of torture or illegal conduct, and it was my source from which the agent copied the con- standing executive branch concerns that dis- understanding at that time—and remains my tents of the document? closure of such communications would chill understanding today—that the techniques of In addition, I remind you that my June 9, the provision of candid, frank advice to sen- concern to FBI personnel had been author- 2006, letter included a request for ior officials, such as Director Mueller, which ized by the Department of Defense. ‘‘unredacted copies of the documents in the is important to their effective, fully-in- Although I heard concerns about the DOD attached packet for which you were the formed decision-making. interrogation techniques during that time sender, recipient, or in which you were spe- I have made every effort, however, to re- period, I do not recall hearing them specifi- cifically named.’’ This request is still out- spond to committee requests for information cally from Mr. Bowman. As I indicated in standing. relating to my fitness for the position of As- previous responses, it is entirely possible Thank you for your prompt response. sistant Attorney General. I have met with that he and I discussed the issue, but there is Sincerely, individual Senators and remain available for nothing about any such conversation(s) that CARL LEVIN. further meetings with any Senator who sets it apart in my memory. Similarly, while would like to speak with me. I also have re- Mr. Bowman believes he would have spoken JUNE 19, 2006. sponded to multiple rounds of pre- and post- to me about some of the concerns he was Hon. CARL LEVIN, hearing questions, in addition to my appear- hearing, his written responses indicate that U.S. Senate, ances before the two separate committees of he also cannot recall any specific conversa- Washington, DC. the Senate relating to my nomination. I tions. Moreover, he makes clear that any DEAR SENATOR LEVIN: This is in response have been happy to provide this information, conversations we might have had on this to your letter dated June 9, 2006, requesting and I remain ready and willing to provide in- topic would have been simply advisory in na- additional information regarding my nomi- formation relevant to the Senate’s consider- ture in that he believed the concerns were nation to be the first Assistant Attorney ation of my fitness and ability to fulfill the being addressed by DOD and that they re- General for National Security. Below are the responsibilities of the Assistant Attorney quired no FBI action beyond his contacting answers to your specific questions. General for National Security. the DOD General Counsel’s Office. Answer to Question 1: I do not have Thank you for the opportunity to provide Your letter asks whether I informed De- unredacted copies of any of the documents this additional information regarding my partment of Justice officials or Director you provided me at our meeting on May 15, previous responses, and I look forward to the Mueller regarding any concerns I heard 2006. I am aware that you have made similar Committee’s consideration of my nomina- about Guantanamo interrogations or di- inquiry to Director Mueller, and I have alert- tion. rected others to so inform them. While I do ed the Department of Justice, Office of Leg- Sincerely, not recall discussing concerns about detainee islative Affairs, of your request. KENNETH L. WAINSTEIN. interrogations with an one in Main Justice— Answer to Question 2: I understand that or directing anyone else to do so—I do recall Marion ‘‘Spike’’ Bowman conveyed concerns JULY 14, 2006. orally discussing detainee interrogations to the DoD General Counsel’s Office about Hon. CARL LEVIN, with Director Mueller at some point in 2002 DoD interrogation techniques at some point. U.S. Senate, or 2003. The Director had made a policy deci- I do not know to whom Mr. Bowman spoke, Washington, DC. sion to prohibit FBI personnel from partici- how often, or the date of any communica- DEAR SENATOR LEVIN: Thank you for the pating in interrogation sessions in which tions. questions in your June 29, 2006, letter, and non-FBI personnel were employing tech- Answer to Questions 3 A), B), C), D) and E): for your questioning throughout this con- niques that did not comport with FBI guide- As I have previously indicated, I do not re- firmation process. I have carefully reviewed lines. The Director—described his reasons for

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00143 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10002 CONGRESSIONAL RECORD — SENATE September 21, 2006 this policy in his response to Questions for Please advise whether, at any time, you in- tell you that the operational prohibition the Record after his April 5, 2005, testimony formed or directed others to inform Director came earlier. As soon as I heard from BAU I before the Judiciary Committee (which are Mueller and/or any Department of Justice talked with (now retired) Executive Assist- summarized in my June 5, 2006, responses to (DOJ) official, including but not limietd to ant Director Pat D’Amuro who immediately your questions for the record on pages 2–3). officials in the Attorney General’s office, said we (the FBI) would not be a party to ac- When this issue came up from time to time DOJ’s Office of Legal Counsel, or DOJ Crimi- tions of any kind that were contrary to FBI during my service at the FBI, the Director nal Division of concerns about DoD interro- policy and that individuals should distance and I discussed FBI concerns about aggres- gation tactics that had been brought to your themselves from any such actions. That con- sive interrogation techniques and he main- office, regardless of the source of those con- versation was longer than indicated so I tained a bright-line rule barring FBI per- cerns. If so, please provide the name of the want to be sure the ‘‘sound bite’’ is not mis- sonnel from involvement in interviews that official(s) you contacted or who were con- interpreted. EAD D’Amuro was not saying employed techniques inconsistent with FBI tacted at your direction. If concerns were that FBI would ignore anything unlawful. He guidelines. communicated in writing, please provide a made it abundantly clear that FBI would ad- II. CONVERSATIONS ABOUT THE TERRORIST copy; if orally, please describe the substance here to its standards and, to the extent pos- SURVEILLANCE PROGRAM I of the conversation. If you did not contact sible, would not put itself in a position that any such official(s) or direct others to do so, would create even the appearance that those Your second question asks whether I am please advise me as to why you did not. standards had been compromised by physical asserting any privilege in declining to de- You also state in your letter that ‘‘the con- association with activities inconsistent with scribe any conversations I had with Director fidentiality interests that are implicated by the tenets of the Bureau. Mueller regarding the legal rationale for the my role as his chief of staff and FBI General Answer: You will have to seek any docu- Terrorist Surveillance Program. The short Counsel’’ preclude you from answering my ments from the Department of Justice as I answer is that I am not invoking a privilege; questions regarding your conversations with no longer have access to any of them. rather, my response comports with the long- Director Mueller on the legal rationale for 2. In your response to Question #1B, you standing Executive Branch practice of pro- warrantless wiretaps. state that you recommended to Mr. tections the dentiality of internal advice and Please advise as to whether you are assert- Wainstein that your office notify the Depart- other deliberatlons. It is my understanding ing any privilege in declining to describe ment of Defense Office of General Counsel that this practice is based largely on the im- those discussions and provide the legal basis (DoD/OGC) that ‘‘there were concerns about portance of ensuring that policy makers re- for that privilege and your assertion of it. the treatment of detainees in Guantanamo.’’ ceive the complete, sometimes differing, Finally, following my staffs discussion You add that Mr. Wainstein concurred in views of subordinates as they consider sig- with the Department of Justice, I will pro- this suggestion. When did you first contact nificant issues. If employees have to worry vide the Department with a list of docu- the DoD/OGC regarding FBI personnel’s con- that their deliberations will be disclosed out- ments from the previously provided packet cerns about the treatment of detainees in side of the agency; then they will become re- that I request be provided in unredacted Guantanamo? Was it in late 2002? To whom luctant to provide their candid input and the form. did you communicate these concerns? decision making process will suffer. I look forward to your reply. Answer: I cannot be precise. My best guess, III. CONCLUSION Sincerely, which is probably pretty accurate, is that it I trust that this letter responds to your CARL LEVIN. was mid- to late November of 2002. I first questions. It has been my objective through- called the acting Deputy General Counsel for out this process to be as candid and forth- AUGUST 7, 2006. Intelligence. Subsequently I talked with the coming as possible, and to assure you that I Hon. CARL LEVIN, Principal Deputy General Counsel and the am worthy of your confidence to handle the U.S. Senate, Committee on Armed Services, General Counsel. My best recollection is that important national security responsibilities Washington, DC. I talked briefly with the Principal Deputy SENATOR LEVIN: You sent me a second set of the position for which I have been nomi- shortly thereafter and with both Principal of questions with respect to Mr. Kenneth nated. With the establishment of the Na- Deputy General Counsel and the General Wainstein, which I received on Friday, Au- Counsel several months later. I’m sorry; I tional Security Division awaiting my con- gust 4, 2006. Your focus, once again, is ‘‘de- firmation, I am anxious for you to allow my can’t be more precise than that. tainee’’ issues. Let me preface my reply by 3. In your response to question #3A, you nomination to proceed to a vote before the informing you that I no longer work for the state that you received the ‘‘Legal Issues United States Senate. There is much work to Department of Justice. In consequence, I Doc’’ in late 2002 and that, ‘‘Because at that be done to stand up the new Division. have no access to any of the documents that time I was working under the assumption Please let me know if you have any further you reference and, because of a computer that DoD General Counsel was taking appro- questions, as I would be happy to meet with change in recent years, did not have personal priate action with respect to this issue, I did you at your convenience to respond to them. access to them when I last replied. Addition- not believe that any particular action was Thank you once again for your consideration ally, because I no longer work for the De- necessary on the part of the FBI.’’ throughout this process. partment of Justice, my answers to your A. Did you provide the ‘‘Legal Issues Doc’’ Sincerely, questions should not imply concurrence by to the DoD/OGC? If so when? KENNETH L. WAINSTEIN. the Department of Justice or the Federal Bu- Answer: I offered the documents to the reau of Investigation in any of my responses. General Counsel’s office and described gen- U.S. SENATE, You asked: erally the contents of the documents in- Washington, DC, June 29, 2006. 1. In Mr. Wainstein’s responses of July 14, cluded in the bundle that was forwarded to Mr. KENNETH WAINSTEIN. 2006, he states that he discussed concerns me by BAU, but was told that they believed Washington, DC. about detainee interrogations with Director they already had all the documents I pos- Dear MR. WAINSTEIN: I have reviewed your Mueller ‘‘at some point in 2002 or 2003.’’ Fur- sessed. June 19th reply and Mr. Marion Bowman’s ther he states that ‘‘The Director had made C. Why did you assume at the time you re- June 27th reply to my June 9th letters and a policy decision to prohibit FBI personnel ceived this document that the DoD/OGC was would appreciate your responses to he fol- from participating in interrogation sessions taking appropriate action? Was this based on lowing questions. in which non-FBI personnel were employing your discussions with individuals in the DoD/ Mr. Bowman’s response, a copy of which is techniques that did not comport with FBI OGC? If so, what was the nature of those dis- enclosed, states that he is confident that he guidelines.’’ cussions? spoke with you about a call he received from A. In your response to my questions, you Answer: This could be a very lengthy re- FBI Behavioral Analysis Unit (BAU) per- describe a telephone call you received from sponse, but the short version is that, based sonnel in fall 2002 expressing concern with Behavioral Analysis Unit (BAU) personnel in on my experiences as a 27–year veteran of certain Department of Defense (DoD) inter- late 2002 regarding their concerns about in- military service, a substantial portion of rogation tactics in use at Guantanamo. In terrogation practices at Guantanamo. Did which dealt both with issues of the Law of addition, Mr. Bowman’s response states that, you discuss these concerns with Director Armed Conflict and, for a variety of reasons, approximately one month after BAU per- Mueller in late 2002? If so, what was the na- directly with the DoD General Counsel’s of- sonnel contacted him with their concerns, he ture of those discussions? Was Mr. Wainstein fice (through multiple General Counsels), I was informed about ‘‘legal concerns’’ that aware of those discussions? believed bringing the issue to the attention DoD personnel had with the tactics. Mr. Answer: To the best of my recollection, I of appropriate authority would result in any Bowman states that he believes that he never discussed detainee issues with Director remedial action deemed necessary or appro- would have discussed these legal concerns Mueller. priate. When I talked with the acting Deputy with you. Mr. Bowman also states that he B. When did Director Mueller issue the pol- General Counsel for Intelligence, a person believes that he showed you or discussced icy prohibiting the participation of FBI per- whom I knew well, I was told that the mat- with you the ‘‘Legal Analysis of Interroga- sonnel from interrogations involving tech- ter was not in his purview, but that it was tion Techniques’’ document referenced in niques that did not comport with FBI guide- being handled by the Principal Deputy. That document #1 C. That document refers to ex- lines? Please provide any documents relating made perfect sense to me, as the acting Dep- amples of coercive interrogation tchniques to the issuance of that policy. uty General Counsel for Intelligence had no which may violate 18 U.S.C. s. 2340 (Torture Answer: I do not recall when Director military experience, while the Principal Dep- Statute).’’ Mueller issued that policy. However, I can uty was retired military.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00144 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S10003 4. In your response to Question #3B, you MEASURE DISCHARGED AND There being no objection, the Senate state that you provided the attachments to REFERRED—H.R. 2965 proceeded to consider the resolution. Document #1C, including the Army Legal Mr. FRIST. Mr. President, I ask Mr. FRIST. I ask unanimous consent Brief on Proposed Counter-Resistance Strat- the resolution be agreed, to the pre- egies, to the Defense Humint Service’s Dep- unanimous consent that the Com- uty General Counsel. Please provide the mittee on Homeland Security and Gov- amble be agreed to, the motion to re- name of the individual in that office to ernmental Affairs be discharged from consider be laid on the table, and any whom you provided these documents. When further consideration of H.R. 2965 and statements be printed in the RECORD. did you do so? that the bill be referred to the Com- The PRESIDING OFFICER. Without Answer: The Deputy General Counsel for mittee on the Judiciary. objection, it is so ordered. Defense Humint Services is retired Colonel The resolution (S. Res. 579) was James Schmidli. My best guess on timing The PRESIDING OFFICER. Without objection, it is so ordered. agreed to. was in the mid-December 2002 to mid-Janu- The preamble was agreed to. ary 2003 time frame. I did not give copies to f Mr. Schmidli, but he did read them in my of- The resolution, with its preamble, fice. MEASURE READ THE FIRST reads as follows: 5. In your response to Question #4A, you TIME—S. 3925 S. RES. 579 state that you don’t know who authored the Mr. FRIST. Mr. President, I under- Whereas, on May 9, 1945, Europe declared document entitled ‘‘Legal Analysis of Inter- stand there is a bill at the desk, and I victory over the oppression of the Nazi re- rogation Techniques’’ but that ‘‘my under- gime; standing is that the document was not draft- ask for its first reading. The PRESIDING OFFICER. The Whereas Poland and other countries in ed by an FBI agent. Rather, an FBI agent Central, Eastern, and Southern Europe soon copied it and forwarded it [to] FBI Head- clerk will report the bill by title. fell under the oppressive control of the So- quarters. The legislative clerk read as follows: viet Union; A. What is the basis for your under- A bill (S. 3925) to provide certain authori- Whereas for decades the people of Poland standing that this document was not au- ties for the Secretary of State and the struggled heroicly for freedom and democ- thored by an FBI agent? Broadcasting Board of Governors, and for racy against that oppression, paying at Answer: To the best of my recollection, other purposes. times the ultimate sacrifice; this is what I was told when the documents Whereas, in 1980, the Solidarity Trade were forwarded to me. Mr. FRIST. Mr. President, I now ask for a second reading, and in order to Union was formed in Poland; B. What is your understanding of the Whereas membership in the Solidarity source from which the agent copied the con- place the bill on the calendar under the Trade Union grew rapidly in size to 10,000,000 tents of the document? provisions of rule XIV, I object to my members, and the Union obtained unprece- Answer: I have no present recollection of own request. dented moral power that soon threatened the that. The PRESIDING OFFICER. Objec- Communist government in Poland; In closing, I will remind you that any doc- tion is heard. Whereas, on December 13, 1981, the Com- uments you desire will have to be requested The bill will be read for the second munist government in Poland crushed the from the Department of Justice. I hope this time on the next legislative day. Solidarity Trade Union, imprisoned the lead- is helpful to your understanding that this pe- ers of the Union, and imposed martial law on riod was one in which facts were still uncer- f Poland; tain but reasonably believed to be in the MEASURE PLACED ON THE Whereas, through his profound influence, hands of the Department of Defense for any CALENDAR—H.R. 503 Pope John Paul II gave the people of Poland actions necessary. In that respect, it is my the hope and strength to bear the torch of firm belief that Mr. Wainstein acted with Mr. FRIST. Mr. President, I under- freedom that eventually lit up all of Europe; complete propriety throughout. stand there is a bill at the desk due for Whereas the support of the Polish-Amer- Respectfully, a second reading. ican community while martial law was im- M.E. BOWMAN, The PRESIDING OFFICER. The posed on Poland was essential in encour- CAPT, JAGC, USN (ret.). clerk will report the bill by title for aging the people of Poland to continue to the second time. struggle for liberty; f Whereas the people of the United States The legislative clerk read as follows: were greatly supportive of the efforts of the LEGISLATIVE SESSION A bill (H.R. 503), to amend the Horse Pro- people of Poland to rid themselves of an op- tection Act to prohibit the shipping, trans- pressive government; The PRESIDING OFFICER. Under porting, moving, delivering, receiving, pos- Whereas the people of the United States the previous order, the Senate will now sessing, purchasing, selling, or donation of expressed their support on Christmas Eve return to legislative session. horses and other equines to be slaughtered 1981 by lighting candles in their homes to for human consumption, and for other pur- show solidarity with the people of Poland poses. f who were suffering under martial law; Mr. FRIST. Mr. President, in order to Whereas, in 1989, the people of Poland fi- nally won the right to hold free parliamen- UNANIMOUS-CONSENT AGREE- place the bill on the calendar under the provisions of rule XIV, I object to fur- tary elections, which led to the election of MENT—EXECUTIVE CALENDAR Poland’s first Prime Minister during the ther proceedings. post-war era who was not a member of the Mr. FRIST. Mr. President, as in exec- The PRESIDING OFFICER. Objec- utive session, I ask unanimous consent Communist party, Mr. Tadeusz Mazowiecki; tion is heard. and that at 5:20 on Monday, September 25, Without objection, the bill will be Whereas, in 2006, Poland is an important the Senate proceed to executive session placed on the calendar. member of the European Union, one of the for the consideration of the following closest allies of the United States, a contrib- f judicial nomination on the executive uting partner in the North Atlantic Treaty calendar; No. 920, Francisco Besosa to DESIGNATING DECEMBER 13, 2006, Organisation, and a reliable partner in the be a United States District Judge for AS A POLISH DAY OF REMEM- war on terrorism that maintains an active the District of Puerto Rico; provided BRANCE and crucial presence in Iraq and Afghani- further that the time until 5:30 be stan: Now, therefore, be it Mr. FRIST. Mr. President, I ask Resolved, That the Senate— equally divided between the chairman unanimous consent the Senate proceed (1) designates December 13, 2006, the 25th and ranking member of the Judiciary to the immediate consideration of S. anniversary of the imposition of martial law Committee or their designee; provided Res. 579, submitted earlier today. by the Communist government in Poland, as further that at 5:30 the Senate proceed The PRESIDING OFFICER. The a Day of Remembrance honoring the sac- to a vote on the nomination, with no clerk will report the resolution by rifices paid by the people of Poland during intervening action or debate; that fol- the struggle against Communist rule; title. (2) honors the people of Poland who risked lowing the vote the President be imme- The legislative clerk read as follows: diately notified of the Senate’s action, their lives to restore liberty in Poland and to A resolution (S. Res. 579) designating De- return Poland to the democratic community and the Senate then resume legislative cember 13, 2006 as a Day of Remembrance to of nations; and session. honor the 25th anniversary of the imposition (3) calls on the people of the United States The PRESIDING OFFICER. Without of martial law by the Communist govern- to remember that the struggle of the people objection, it is so ordered. ment in Poland. of Poland greatly contributed to the fall of

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00145 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10004 CONGRESSIONAL RECORD — SENATE September 21, 2006 Communism and the ultimate end of the tant role of pollinators and to build support Whereas the last week of October would be Cold War. for protecting and sustaining pollinators; an appropriate time to recognize National (3) designates June 24 through 30, 2007, as Epidermolysis Bullosa Week in order to raise f ‘‘National Pollinator Week’’; and public awareness about the prevalence of NATIONAL POLLINATOR WEEK (4) encourages the people of the United epidermolysis bullosa, the impact it has on States to observe the week with appropriate families, and the need for additional re- Mr. FRIST. I ask unanimous consent ceremonies and activities. search into a cure for the disease: Now, the Senate now proceed to consider- f therefore, be it ation of S. Res. 580, which was sub- Resolved, That the Senate— mitted earlier today. SUPPORTING THE GOALS AND (1) supports the goals and ideals of a Na- The PRESIDING OFFICER. The IDEALS OF NATIONAL EPIDER- tional Epidermolysis Bullosa Awareness clerk will report the resolution by MOLYSIS BULLOSA AWARENESS Week to raise public awareness and under- title. WEEK standing of epidermolysis bullosa; The legislative clerk read as follows: (2) recognizes the need for a cure for the Mr. FRIST. I ask unanimous consent disease; and A resolution (S. Res. 580) recognizing the the HELP Committee be discharged (3) encourages the people of the United importance of pollinators to ecosystem from further consideration of S. Res. States and interested groups to support the health and agriculture in the United States 180, and the Senate now proceed to its week through appropriate ceremonies and and the value of partnership efforts to in- consideration. activities to promote public awareness of crease awareness about pollinators and sup- epidermolysis bullosa and to foster under- port for protecting and sustaining polli- The PRESIDING OFFICER. Without objection, it is so ordered. The clerk standing of the impact of the disease on pa- nators by designating June 24 through June tients and their families. 30, 2007, as ‘‘National Pollinator Week.’’ will report the resolution by title. There being no objection, the Senate The legislative clerk read as follows: f proceeded to consider the resolution. A resolution (S. Res. 180) supporting the CONGRATULATING THE KANSAS Mr. FRIST. I ask unanimous consent goals and ideals of a National Epidermolysis Bullosa Awareness Week to raise public STATE UNIVERSITY DEPART- that the resolution be agreed to, the awareness and understanding of the disease MENT OF AGRONOMY IN THE preamble be agreed to, and the motion and to foster understanding of the impact of COLLEGE OF AGRICULTURE to reconsider be laid on the table. the disease on patients and their families. Mr. FRIST. Mr. President, I ask The PRESIDING OFFICER. Without There being no objection, the Senate unanimous consent that the Agri- objection, it is so ordered. proceeded to consider the resolution. culture Committee be discharged from The resolution (S. Res. 580) was Mr. FRIST. I ask unanimous consent further consideration, and the Senate agreed to. that the resolution be agreed to, the proceed to the consideration of S. Res. The preamble was agreed to. preamble be agreed to, and the motion 539. The resolution, with its preamble, to reconsider be laid on the table. The PRESIDING OFFICER. Without reads as follows: The PRESIDING OFFICER. Without objection, it is so ordered. S. RES. 580 objection, it is so ordered. The clerk will report the resolution Whereas bees, butterflies, and other polli- The resolution (S. Res. 180) was by title. nator species have a critically important agreed to. The legislative clerk read as follows: role in agriculture in the United States and The preamble was agreed to. A resolution (S. Res. 539) congratulating help to produce a healthy and affordable food The resolution, with its preamble, supply and sustain ecosystem health; the Department of Agronomy in the College Whereas pollinators help to produce an es- reads as follows: of Agriculture at Kansas State University timated 1 out of every 3 bites of food con- S. RES. 180 for 100 years of excellent service to Kansas agriculture. sumed in the United States and to reproduce Whereas epidermolysis bullosa is a rare at least 80 percent of flowering plants; disease characterized by the presence of ex- There being no objection, the Senate Whereas commodities produced in partner- tremely fragile skin that results in the de- proceeded to consider the resolution. ship with animal pollinators generate sig- velopment of recurrent, painful blisters, Mr. FRIST. Mr. President, I ask nificant income for agricultural producers, open sores, and in some forms of the disease, unanimous consent the resolution be with domestic honeybees alone pollinating in disfiguring scars, disabling musculo- agreed to, the preamble be agreed to, an estimated $14,600,000,000 worth of crops in skeletal deformities, and internal blistering; and the motion to reconsider be laid the United States each year produced on Whereas approximately 12,500 individuals more than 2,000,000 acres; in the United States are affected by the dis- upon the table. Whereas it is in the strong economic inter- ease; The PRESIDING OFFICER. Without est of agricultural producers and consumers Whereas data from the National objection, it is so ordered. in the United States to help ensure a Epidermolysis Bullosa Registry indicates The resolution (S. Res. 539) was healthy, sustainable pollinator population; that of every 1,000,000 live births, 20 infants agreed to. Whereas possible declines in the health and are born with the disease; The preamble was agreed to. population of pollinators pose what could be Whereas there currently is no cure for the The resolution, with its preamble, a significant threat to global food webs, the disease; reads as follows: integrity of biodiversity, and human health; Whereas children with the disease require Whereas the North American Pollinator almost around-the-clock care; S. RES. 539 Protection Campaign, managed by the Co- Whereas approximately 90 percent of indi- Whereas, in 2006, the Department of Agron- evolution Institute, is a tri-national, cooper- viduals with epidermolysis bullosa report ex- omy in the College of Agriculture at Kansas ative conservation, public-private collabora- periencing pain on an average day; State University in Manhattan, Kansas, cele- tion of individuals from nearly 140 diverse Whereas the skin is so fragile for individ- brates its centennial year; stakeholder groups, including concerned uals with the disease that even minor rub- Whereas Kansas State Agricultural College landowners and managers, conservation and bing and day-to-day activity may cause blis- was established under the Morrill Act as the environmental groups, scientists, private tering, including from activities such as first land-grant college in the United States businesses, and government agencies; and writing, eating, walking, and from the seams in 1863 and, in July 1906, the Kansas Board of Whereas the Pollinator PartnershipTM web on their clothes; Regents established the Department of site (http://www.pollinator.org) has been cre- Whereas most individuals with the disease Agronomy in the College of Agriculture at ated as the source for pollinator informa- have inherited the disease through genes the Kansas State Agricultural College; tion: Now, therefore, be it they receive from one or both parents; Whereas, since its inception, the Depart- Resolved, Whereas epidermolysis bullosa is so rare ment of Agronomy has exemplified the land- SECTION 1. DESIGNATION OF NORTH AMERICAN that many health care practitioners have grant mission by providing statewide leader- POLLINATOR APPRECIATION WEEK. never heard of it or seen a patient with it; ship in teaching, research, and extension The Senate— Whereas individuals with epidermolysis programs in crop breeding, crop production, (1) recognizes the partnership role that pol- bullosa often feel isolated because of the range science, soil science, and weed science; linators play in agriculture and healthy eco- lack of knowledge in the Nation about the Whereas advances in sciences studied at systems; disease and the impact that it has on the the Department of Agronomy have had a (2) applauds the cooperative conservation body; major impact in insuring the profitability of collaborative efforts of participants in the Whereas more funds should be dedicated Kansas agriculture while sustaining the nat- North American Pollinator Protection Cam- toward research to develop treatments and ural resources and improving the livelihood paign to increase awareness about the impor- eventually a cure for the disease; and of all Kansans;

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00146 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S10005 Whereas the faculty in the Department of LIGHTS ON AFTERSCHOOL S. CON. RES. 116 Agronomy also have made significant inter- Mrs. BOXER. Mr. President, Today, I Whereas high quality after school pro- national contributions to world food produc- grams provide safe, challenging, engaging, tion and natural resources sustainability, in- ask my colleagues to recognize the 7th Annual Lights on Afterschool events and fun learning experiences to help children cluding participation and leadership in long- and youth develop their social, emotional, term projects in India, the Philippines, Nige- taking place across the country on Oc- physical, cultural, and academic skills; ria, Morocco, and Botswana; tober 12, 2006. ‘‘Lights on Afterschool is Whereas high quality after school pro- Whereas the faculty in the Department of a national celebration in which more grams support working families by ensuring Agronomy have distinguished themselves by than 1 million Americans will gather in that the children in such families are safe receiving numerous university and national their communities to recognize the im- and productive after the regular school day awards in teaching, research, and extension portant role that afterschool programs ends; and provided service and leadership for na- provide for the children in this coun- Whereas high quality after school pro- tional and international professional soci- try. grams build stronger communities by involv- eties; ing the Nation’s students, parents, business Whereas the faculty in the Department of Afterschool providers throughout California and across the country have leaders, and adult volunteers in the lives of Agronomy have conducted research for sus- the Nation’s youth, thereby promoting posi- tainable, efficient crop and range production demonstrated that afterschool pro- tive relationships among children, youth, systems that conserve natural resources and grams keep children safe, improve families, and adults; protect environmental quality; learning, and reduce crime and drug Whereas high quality after school pro- Whereas, today, a majority of the acres of use. According to the FBI, youth are grams engage families, schools, and diverse wheat and a significant number of acres of most at risk for being victims of vio- community partners in advancing the well- alfalfa, soybean, and canola in Kansas are lent crimes and committing violent being of the Nation’s children; planted with varieties developed in the De- acts between 3 p.m. and 6 p.m.—after Whereas ‘‘Lights On Afterschool!’’, a na- partment of Agronomy; tional celebration of after school programs Whereas the Department of Agronomy ex- school is out and before parents arrive home. Afterschool programs keep chil- held on October 12, 2006, promotes the crit- tension specialists have provided informa- ical importance of high quality after school tion to producers and industry regarding soil dren safe, reduce crime and drug use, programs in the lives of children, their fami- fertility, conservation of soil and water re- and improve academic performance. lies, and their communities; sources, tillage and production systems, As we take this occasion to recognize Whereas more than 28,000,000 children in evaluation of crop varieties and hybrids, and the afterschool program providers, we the United States have parents who work protection of the environment, thus, keeping also must honor the communities that outside the home and 14,300,000 children in Kansas agriculture efficient and competi- also contribute to the enrichment of the United States have no place to go after tive; these afterschool activities that pro- school; and Whereas the Department of Agronomy fac- vide safe and supervised afterschool Whereas many after school programs ulty have prepared students in agronomy to across the United States are struggling to effectively serve agriculture and society by educational, enrichment, and rec- reational programs. The partnerships keep their doors open and their lights on: feeding the world and protecting soil and Now, therefore, be it water resources; you have forged with the afterschool Resolved by the Senate (the House of Rep- Whereas the alumni of the Department of program providers are instrumental in resentatives concurring), That Congress sup- Agronomy have distinguished themselves in their success. There is no responsi- ports the goals and ideals of ‘‘Lights On the public and private sectors as crop, soil, bility greater than ensuring that our Afterschool!’’ a national celebration of after range, and weed science professionals and children can learn and grow in a safe school programs. have become farmers, extension agents, edu- environment. cators, administrators, consultants, rep- Afterschool programs are critical to f resentatives, scientists, missionaries, mili- tary officers, contractors, and a host of other the success of American families. These programs make it easier for par- VETERANS’ COMPENSATION COST- professionals; and OF-LIVING ADJUSTMENT ACT OF Whereas many alumni of the Department ents to go to work because they know of Agronomy have become leaders in their that their children are in a safe and 2006 communities, academia, industry, and gov- nourishing environment. According to Mr. FRIST. Mr. President, I ask ernment, contributing significantly to world the Afterschool Alliance, 14.3 million unanimous consent that the Senate agriculture by making hybrid corn a reality, children go home to an empty house developing seeds for the Green Revolution, proceed to the immediate consider- every day. We must work to ensure ation of Calendar No. 539, S. 2562. developing sorghum into an important crop, these children have access to these pro- breeding ‘‘Miracle Rice’’ for Asia, and lead- The PRESIDING OFFICER. The ing national programs in wheat, barley, oat, grams that are vital to developing cul- clerk will report the bill by title. and alfalfa: Now, therefore, be it tural and social skills, as well as the The legislative clerk read as follows: academic enrichment that the pro- Resolved, That the Senate congratulates A bill (S. 2562) to increase, effective as of and commends the Department of Agronomy grams provide. December 1, 2006, the rates of compensation in the College of Agriculture at Kansas State Afterschool is a wise investment in for veterans with service-connected disabil- University for 100 years of excellent service our children’s future. That is why I ities and the rates of dependency and indem- to Kansas agriculture, the citizens of Kan- will continue to work to make after nity compensation for the survivors of cer- sas, the United States, and the world. school a national priority—so that we tain disabled veterans. can bring Federal resources to support There being no objection, the Senate f great local programs to keep the lights proceeded to consider the bill. on and the doors open. (At the request of Mr. REID, the fol- LIGHTS ON AFTERSCHOOL I send my sincere thanks to everyone lowing statment was ordered to be working in programs and schools in- printed in the RECORD.) Mr. FRIST. Mr. President, I ask volved with Lights on Afterschool and unanimous consent that the HELP Mr. AKAKA. Mr. President, as rank- for all of the work you have done and ing member of the Senate Committee Committee be discharged from further continue to do in creating partnerships on Veterans’ Affairs, I am extremely consideration, and the Senate now pro- that promote and enhance afterschool pleased with Senate passage of legisla- ceed to S. Con. Res. 116. programs. tion that will authorize a cost-of-living The PRESIDING OFFICER. Without Mr. FRIST. Mr. President, I ask adjustment for veterans’ compensa- objection, it is so ordered. unanimous consent that the concur- tion. The clerk will report the concurrent rent resolution be agreed to, the pre- amble be agreed to, and the motion to The Veterans’ Compensation Cost-of- resolution by title. Living Adjustment Act of 2006, S. 2562, The legislative clerk read as follows: reconsider be laid upon the table. The PRESIDING OFFICER. Without directs the Secretary of Veterans Af- A concurrent resolution (S. Con. Res. 116) objection, it is so ordered. fairs to increase, as of December 1, supporting ‘‘Lights On Afterschool,’’ a na- The concurrent resolution (S. Con. 2006, the rates of veterans’ disability tional celebration of after school programs. Res. 116) was agreed to. compensation, dependency and indem- There being no objection, the Senate The preamble was agreed to. nity compensation for surviving proceeded to consider the concurrent The concurrent resolution, with its spouses and children, and certain re- resolution. preamble, reads as follows: lated benefits.

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00147 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10006 CONGRESSIONAL RECORD — SENATE September 21, 2006 The COLA will be the same as the in- (3) CLOTHING ALLOWANCE.—The dollar have detainees at Guantanamo Bay, crease provided to Social Security re- amount under section 1162 of such title. Cuba, who cannot be tried. Among cipients, which is projected to be ap- (4) DEPENDENCY AND INDEMNITY COMPENSA- these terrorists are people such as the proximately 2.9 percent. TION TO SURVIVING SPOUSE.—Each of the dol- lead Shaikh Mohammed, the master- lar amounts under subsections (a) through It is vital that veterans’ disability (d) of section 1311 of such title. mind, or alleged mastermind, behind compensation rates keep pace with the (5) DEPENDENCY AND INDEMNITY COMPENSA- the events of September 11. increasing cost of living. Without an TION TO CHILDREN.—Each of the dollar In addition, what we all now under- increase to offset the effects of infla- amounts under sections 1313(a) and 1314 of stand is the Hamdan decision made it tion, veterans and their families would such title. again incumbent upon the Senate to lose the value of this important ben- (c) DETERMINATION OF INCREASE.— act in order to be able to continue a efit. (1) PERCENTAGE.—Except as provided in very important program of interroga- Passage of the Veterans’ Compensa- paragraph (2), each dollar amount described tion so we can get information so our in subsection (b) shall be increased by the tion Cost-of-Living Adjustment Act of same percentage as the percentage by which Government will be equipped with the 2006 is the least that Congress can do to benefit amounts payable under title II of the tools we need to obtain information help disabled veterans provide ade- Social Security Act (42 U.S.C. 401 et seq.) are from terrorists that can be lifesaving, quately for their families. Many times, increased effective December 1, 2006, as a re- that can prevent another attack, a ter- VA disability compensation is a major, sult of a determination under section 215(i) rorist attack. and in some cases the sole, source of of such Act (42 U.S.C. 415(i)). What has been challenging over the income for a veteran and his or her (2) ROUNDING.—Each dollar amount in- last several months is coming to an family. For those who gave so much to creased under paragraph (1), if not a whole agreement which we reached today dollar amount, shall be rounded to the next among colleagues who had devoted a this nation, we owe them this sign of lower whole dollar amount. gratitude. (d) SPECIAL RULE.—The Secretary of Vet- lot of time in this Senate on this issue, In closing, I thank all of my col- erans Affairs may adjust administratively, an issue which is tough from a legal leagues for their support for our Na- consistent with the increases made under standpoint, but an agreement within tion’s veterans. I anticipate swift pas- subsection (a), the rates of disability com- this Senate, working hand in hand with sage of this important legislation by pensation payable to persons under section the administration. I was pleased to the House of Representatives. 10 of Public Law 85–857 (72 Stat. 1263) who join my colleagues, along with the Na- Mr. FRIST. Mr. President, I ask have not received compensation under chap- tional Security Adviser, Steve Hadley, ter 11 of title 38, United States Code. unanimous consent that the amend- along with a Member from the House of SEC. 3. PUBLICATION OF ADJUSTED RATES. ment at the desk be agreed to, the bill, Representatives, as well as MITCH as amended, be read a third time and The Secretary of Veterans Affairs shall publish in the Federal Register the amounts MCCONNELL, our whip, as well as JOHN passed, the motion to reconsider be specified in section 2(b), as increased under WARNER, chairman of the Committee laid upon the table, and that any state- that section, not later than the date on on Armed Services, Senator JOHN ments relating to the bill be printed in which the matters specified in section MCCAIN, and Senator GRAHAM, to an- the RECORD. 215(i)(2)(D) of the Social Security Act (42 nounce an agreement that meets the The PRESIDING OFFICER. Without U.S.C. 415(i)(2)(D)) are required to be pub- key test of our conference. objection, it is so ordered. lished by reason of a determination made The first priority, as I have spoken The amendment (No. 5034) was agreed under section 215(i) of such Act during fiscal again and again over the last several to, as follows: year 2007. days, was the importance of meeting SEC. 4. TECHNICAL AMENDMENT. (Purpose: To make a technical correction to these goals. And they were met. title 38, United States Code) Section 1311 of title 38, United States Code, No. 1, protect America by ensuring is amended by redesignating the second sub- On page 4, after line 8, add the following: section (e) (as added by section 301(a) of the our highly valuable CIA program will SEC. 4. TECHNICAL AMENDMENT. Veterans Benefits Improvement Act of 2004 be preserved, a program of interroga- Section 1311 of title 38, United States Code, (Public Law 108–454; 118 Stat. 3610)) as sub- tion which has delivered information is amended by redesignating the second sub- section (f). that has allowed the United States to section (e) (as added by section 301(a) of the f stop terrorist activity. That will be Veterans Benefits Improvement Act of 2004 preserved. (Public Law 108–454; 118 Stat. 3610)) as sub- DETAINEE INTERROGATION section (f). The second goal, a criterion that I AGREEMENT have set out and the President has set The bill (S. 2562), as amended, was or- Mr. FRIST. Mr. President, in a few out as well, is whatever we develop in dered to be engrossed for a third read- moments we will be closing. I will have this Senate must guarantee that classi- ing, was read the third time, and a brief closing statement about what fied sources and methods, classified in- passed, as follows: the plans will be over the next several formation—all sources and methods S. 2562 days. will not be disclosed to the terrorist Be it enacted by the Senate and House of Rep- While we have a moment, I will refer detainees. It seems obvious to the resentatives of the United States of America in to what happened about an hour or an American people, obvious to me, that Congress assembled, hour and a half ago on a very impor- we do not want to be giving classified SECTION 1. SHORT TITLE. tant piece of legislation we have been information to a terrorist or his attor- This Act may be cited as the ‘‘Veterans’ working on for about 2 months, almost Compensation Cost-of-Living Adjustment ney, who will turn around and share Act of 2006’’. 3 months now. It is legislation which that with the larger terrorist world SEC. 2. INCREASE IN RATES OF DISABILITY COM- results from what we all know now as that is out there. PENSATION AND DEPENDENCY AND the Hamdan decision that the Supreme A third criteria or a third result of INDEMNITY COMPENSATION. Court presented to us specifically sev- the fact that this legislation has been (a) RATE ADJUSTMENT.—Effective on De- eral months ago. As a result of that de- addressed in the way it has is an agree- cember 1, 2006, the Secretary of Veterans Af- cision, it became incumbent to pass ment that has the impact of ensuring fairs shall increase, in accordance with sub- legislation in this Senate to clarify the section (c), the dollar amounts in effect on that the military will be able to begin November 30, 2006, for the payment of dis- results of that decision but, most im- to try the terrorists, the enemy com- ability compensation and dependency and in- portantly, to address the issues sur- batants, the detainees in our custody demnity compensation under the provisions rounding the military tribunals, the today. specified in subsection (b). terrorist tribunals, the military com- So it protects a program which we (b) AMOUNTS TO BE INCREASED.—The dollar missions. Those are, in essence, the know is important, No. 1. No. 2, it pre- amounts to be increased pursuant to sub- court system, the commissions, the vents classified information from being section (a) are the following: way we deal with enemy combatants or given to terrorists. No. 3, it ensures (1) WARTIME DISABILITY COMPENSATION.— terrorists. Each of the dollar amounts under section that the military can begin to try 1114 of title 38, United States Code. The issue before the Senate is legisla- these terrorists once this legislation is (2) ADDITIONAL COMPENSATION FOR DEPEND- tion that we must pass this coming signed by the President. ENTS.—Each of the dollar amounts under sec- week just as soon as possible for a I congratulate my colleagues. We tions 1115(1) of such title. number of reasons, but primarily we have a long way to go, though, because

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00148 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY September 21, 2006 CONGRESSIONAL RECORD — SENATE S10007 that is the first major step of a product camps along that western border of counties of North Carolina, making it the of about 2 months of work. With that Sudan and Chad, the country just west second largest State farm bureau in the work and the time they have spent, the of Sudan, a country to which many of United States; dedication and focus, it means that these refugees are fleeing. Whereas the North Carolina Farm Bureau Federation created a Women’s Program in once that information can be shared Things are getting worse in Darfur. 1942 and a Young Farmer and Rancher Pro- with Democrats and Republicans We have heard a lot about it in the last gram in the 1970s to encourage leadership de- throughout the Senate and they take a 21⁄2 years. On this floor, a little over 2 velopment among its members; look at it, the fact that it has been so years ago, we called it a genocide. Whereas the North Carolina Farm Bureau carefully vetted, we should be able to Shortly thereafter, the administration Federation is committed to advancing agri- address it in the course of next week. also agreed it is genocide. And that is cultural education in North Carolina I had a brief conversation with the exactly what it is. We do not know ex- through its R. Flake Shaw Scholarship Democratic leader, who has begun to actly how many people have been Fund, established in 1958, and the Institute for Future Agricultural Leaders, founded in look at that legislation. He, too, is con- killed, but around 200,000 people have 1984, which help ensure that the young men fident we can address this issue next been killed in this genocide and prob- and women of North Carolina are well pre- week. The House of Representatives ably 2 million people displaced from pared for careers in agriculture; has to address it, as well, go to con- their homes. Things are getting worse. Whereas the North Carolina Farm Bureau ference—if we don’t pass the same It deserves the attention of this body. Federation created and continues to sponsor bill—and then get it to the President We focused on it at a very early time. the Ag-In-The-Classroom initiative to intro- as soon as we possibly can. So it is very We continue to focus on it, but again, duce children to North Carolina agriculture good news. That agreement was I think we are going to have to focus and to improve the quality of teachers in North Carolina schools; reached today. on it more and more. Whereas the North Carolina Farm Bureau There are a number of other items An envoy was appointed by the Presi- Federation’s visionary Board of Directors de- that have to be addressed, but there dent maybe yesterday or the day be- veloped numerous initiatives that enable were three major items that were the fore. I think that is a very positive farmers to effectively produce and sell their real gist, the substance of that agree- move in that regard. products, such as the organization’s mar- ment. f keting program, and that provide farmers with access to necessary farm resources, f RECOGNIZING THE 75TH ANNIVER- such as the tires, batteries, and accessories DARFUR PEACE AND SARY OF THE NORTH CAROLINA service; ACCOUNTABILITY ACT OF 2005 FARM BUREAU FEDERATION Whereas in 1953, the North Carolina Farm Bureau Federation founded the North Caro- Mr. FRIST. Mr. President, I ask Mr. FRIST. Mr. President, I ask lina Farm Bureau Federation Mutual Insur- unanimous consent that the Com- unanimous consent that the Judiciary ance Company, which is North Carolina’s mittee on Foreign Relations be dis- Committee be discharged from further largest domestic insurance company; charged from further consideration of consideration of and the Senate now Whereas the Board of Directors of the H.R. 3127 and the Senate proceed to its proceed to S. Res. 574. North Carolina Farm Bureau Federation Mu- immediate consideration. The PRESIDING OFFICER. Without tual Insurance Company is composed en- The PRESIDING OFFICER. Without objection, it is so ordered. The clerk tirely of farmers; and will report the resolution by title. Whereas the North Carolina Farm Bureau objection, it is so ordered. The clerk Federation is a true grassroots organization will report the bill by title. The assistant legislative clerk read dedicated to ensuring that agriculture re- The assistant legislative clerk read as follows: mains North Carolina’s number 1 industry as follows: A resolution (S. Res. 574) recognizing the through the organization’s unique policy de- A bill (H.R. 3127) to impose sanctions North Carolina Farm Bureau Federation on velopment process and active legislative and against individuals responsible for genocide, the occasion of its 70th anniversary and sa- regulatory advocacy programs: Now, there- war crimes, and crimes against humanity, to luting the outstanding service of its mem- fore, be it support measures for the protection of civil- bers and staff on behalf of the agricultural Resolved, That the Senate recognizes the ians and humanitarian operations, and to community and the people of North Caro- North Carolina Farm Bureau Federation on support peace efforts in the Darfur region of lina. the occasion of its 70th anniversary and sa- Sudan, and for other purposes. There being no objection, the Senate lutes the outstanding service of its members proceeded to consider the resolution. and staff on behalf of the agricultural com- There being no objection, the Senate munity and the people of North Carolina. Mr. FRIST. Mr. President, I ask proceeded to consider the bill. f Mr. FRIST. I ask unanimous consent unanimous consent that the resolution that the Lugar substitute at the desk be agreed to, the preamble be agreed ORDERS FOR FRIDAY, SEPTEMBER be agreed to, the bill as amended be to, and the motion to reconsider be laid 22, 2006, AND MONDAY, SEP- read the third time and passed, the mo- upon the table. TEMBER 25, 2006 tion to reconsider be laid upon the The PRESIDING OFFICER. Without Mr. FRIST. Mr. President, I ask table, and any statements related to objection, it is so ordered. unanimous consent that when the Sen- the measure be printed in the appro- The resolution (S. Res. 574) was ate completes its business today, it priate place in the RECORD as if read. agreed to. stand in adjournment until 9:30 a.m. on The PRESIDING OFFICER. Without The preamble was agreed to. Friday, September 22. I further ask objection, it is so ordered. The resolution, with its preamble, consent that following the prayer and The amendment (No. 5033), in the na- reads as follows: pledge, the morning hour be deemed ture of a substitute, was agreed to. S. RES. 574 expired, the Journal of proceedings be (The amendment is printed in today’s Whereas the North Carolina Farm Bureau approved to date, the time for the two RECORD under ‘‘Text of Amendments.’’) Federation was founded on March 2, 1936, in leaders be reserved, and further that The amendment was ordered to be Greenville, North Carolina, during the Great notwithstanding the adjournment of engrossed and the bill to be read a Depression, a period of national frustration the Senate it be in order for Senators and economic disaster; third time. Whereas the North Carolina Farm Bureau to introduce bills on Friday until 11 The bill (H.R. 3127), as amended, was Federation was established to organize a.m.; provided further that a bill to be read the third time and passed. North Carolina’s farm families and to maxi- introduced by Senator FRIST or his des- Mr. FRIST. Mr. President, I have sev- mize their ability to engage in national, ignee be considered as read a first time eral other issues to deal with, but that State, and local policy debates that affect and that there be an objection to its particular issue on Sudan and sanc- North Carolina agriculture; second reading. I further ask consent tions surrounding Sudan leads me to Whereas at its first annual meeting in Ra- that following the pledge, the Senate comment on the great tragedy that is leigh, North Carolina, on July 30, 1936, the then stand in adjournment until the North Carolina Farm Bureau Federation had occurring in the Darfur region in west- slightly over 2,000 members from 24 counties; hour of 2 p.m. on Monday, September ern Sudan. Whereas in 2005, the North Carolina Farm 25. I further ask consent that following I have had the opportunity to be in Bureau Federation was composed of approxi- the prayer and pledge, the morning that region in a number of the refugee mately 490,000 member families from all 100 hour be deemed expired, the Journal of

VerDate Mar 15 2010 23:56 Feb 05, 2014 Jkt 081600 PO 00000 Frm 00149 Fmt 4624 Sfmt 0634 E:\2006SENATE\S21SE6.REC S21SE6 mmaher on DSKCGSP4G1 with SOCIALSECURITY S10008 CONGRESSIONAL RECORD — SENATE September 21, 2006 To be captain TIMOTHY M. CUMMINS, 0000 proceedings be approved to date, the DEAN J. DARDIS, 0000 time for the two leaders be reserved, MEREDITH L. AUSTIN, 0000 MICHAEL H. DAY, 0000 STEVEN T. BAYNES, 0000 ANDRES V. DELGADO, 0000 and the Senate then begin a period of THOMAS D. BEISTLE, 0000 TIMOTHY D. DENBY, 0000 morning business, with Senators to CARLYLE A. BLOMME, 0000 PAUL E. DITTMAN, 0000 ROBERT E. BROGAN, 0000 MARK P. DORAN, 0000 speak for up to 10 minutes each. WAYNE P. BROWN, 0000 JEFFREY D. DOW, 0000 The PRESIDING OFFICER. Without ROBERT S. BURCHELL, 0000 MICHAEL J. DREIER, 0000 JOHN R. CAPLIS, 0000 THOMAS P. DURAND, 0000 objection, it is so ordered. MARK A. CAWTHORN, 0000 JAMES E. ELLIOTT, 0000 MICHAEL B. CHRISTIAN, 0000 KENT W. EVERINGHAM, 0000 f BARRY A. COMPAGNONI, 0000 MARK J. FEDOR, 0000 MARK E. DOLAN, 0000 BOB I. FEIGENBLATT, 0000 PROGRAM BRAD W. FABLING, 0000 LEE S. FIELDS, 0000 LINDA L. FAGAN, 0000 PAUL A. FLYNN, 0000 Mr. FRIST. Mr. President, tomorrow LISA M. FESTA, 0000 CHARLES E. FOSSE, 0000 we will be in session for a very brief pe- JAMES J. FISHER, 0000 DANIEL J. FRANK, 0000 BRENDAN C. FROST, 0000 MICHAEL L. GATLIN, 0000 riod of time, but we will not have any KARL J. GABRIELSEN, 0000 ROBERT C. GAUDET, 0000 votes to accommodate those Senators MICHAEL S. GARDINER, 0000 KEVIN P. GAVIN, 0000 EDWARD J. GIBBONS, 0000 CLAUDIA C. GELZER, 0000 who wish to celebrate Rosh Hashanah. GLENN F. GRAHL, 0000 SHANNON N. GILREATH, 0000 CATHERINE A. HAINES, 0000 LAWRENCE E. GREENE, 0000 Senators are reminded that we have 1 KELLY L. HATFIELD, 0000 DUSTIN E. HAMACHER, 0000 more week of session and we have a lot MICHAEL J. HAYCOCK, 0000 RICHARD C. HAMBLET, 0000 JOHN N. HEALY, 0000 ROBERT T. HANNAH, 0000 of work to do, a lot of important legis- LISA T. HEFFELFINGER, 0000 THOMAS W. HARKER, 0000 lative and executive items to wrap up. JAMES M. HEINZ, 0000 LONNIE P. HARRISON, 0000 MARK S. HEMANN, 0000 ROBERT T. HENDRICKSON, 0000 Senators should be forewarned that JOHN J. HICKEY, 0000 GLENA T. HERMES-SANCHEZ, 0000 there are going to be very busy days MARK J. HUEBSCHMAN, 0000 GLENN C. HERNANDEZ, 0000 MICHAEL C. HUSAK, 0000 CHRISTOPHER M. HOLLINGSHEAD, 0000 throughout the week, and they should JAY JEWESS, 0000 RONALD S. HORN, 0000 plan their schedules accordingly. Thus, FRANK H. KINGETT, 0000 RICHARD E. HORNER, 0000 SCOTT A. KITCHEN, 0000 PEDRO L. JIMENEZ, 0000 our next vote will be at 5:30 on Mon- ROBERT J. KLAPPROTH, 0000 ERIC G. JOHNSON, 0000 day, and that vote will be on the con- JOSEPH B. KOLB, 0000 KEVIN A. JONES, 0000 JOHN W. KOSTER, 0000 TERI L. JORDAN, 0000 firmation of a U.S. district judge. GARY D. LAKIN, 0000 VIRGINIA J. KAMMER, 0000 BOBBY M. LAM, 0000 KEVIN M. KEAST, 0000 f THOMAS F. LENNON, 0000 BRENDA K. KERR, 0000 PATRICK LITTLE, 0000 LAWRENCE A. KILEY, 0000 ADJOURNMENT UNTIL 9:30 A.M. JAMES F. MARTIN, 0000 SUSAN R. KLEIN, 0000 TOMORROW CHRISTOPHER A. MARTINO, 0000 NATHAN E. KNAPP, 0000 LORI A. MATHIEU, 0000 SUZANNE E. LANDRY, 0000 Mr. FRIST. Mr. President, if there is JAMES G. MAZZONNA, 0000 WILLIAM J. LANE, 0000 MICHAEL F. MCALLISTER, 0000 JOHN H. LANG, 0000 no further business to come before the DAVID A. MCBRIDE, 0000 MICHAEL P. LEBSACK, 0000 Senate, I ask unanimous consent that DOUGLAS R. MCCRIMMON, 0000 JOSEPH F. LECATO, 0000 JOSEPH C. MCGUINESS, 0000 SCOTT B. LEMASTERS, 0000 the Senate stand in adjournment under MATTHEW E. MILLER, 0000 CAROLA J. G. LIST, 0000 the previous order. WILLIAM J. MILNE, 0000 CHRISTIAN R. LUND, 0000 DAVID W. NEWTON, 0000 KEVIN C. LYONS, 0000 There being no objection, the Senate, HUNG M. NGUYEN, 0000 THOMAS S. MACDONALD, 0000 at 6:50 p.m., adjourned until Friday, MARK S. OGLE, 0000 EDWARD J. MAROHN, 0000 PETER K. OITTINEN, 0000 KIRSTEN R. MARTIN, 0000 September 22, 2006, at 9:30 a.m. JOSEPH S. PARADIS, 0000 JOHN W. MAUGER, 0000 JOHN R. PASCH, 0000 TIMOTHY A. MAYER, 0000 f ROBERT J. PAULISON, 0000 DAVID G. MCCLELLAN, 0000 DREW W. PEARSON, 0000 ROBERT S. MCCLURE, 0000 NOMINATIONS JOSEPH D. PHILLIPS, 0000 JEFFREY R. MCCULLARS, 0000 SCOTT M. POLLOCK, 0000 PATRICK S. MCELLIGATT, 0000 Executive nominations received by DREW A. RAMBO, 0000 DARRAN J. MCLENON, 0000 JOSEPH M. RE, 0000 KEITH P. MCTIGUE, 0000 the Senate September 21, 2006: KENNETH J. REYNOLDS, 0000 STEPHEN M. MIDAS, 0000 NATIONAL TRANSPORTATION SAFETY BOARD CHRISTOPHER L. ROBERGE, 0000 NATHAN A. MOORE, 0000 BYRON H. ROMINE, 0000 MARK J. MORIN, 0000 STEVEN R. CHEALANDER, OF TEXAS, TO BE A MEMBER JUNE E. RYAN, 0000 MITCHELL A. MORRISON, 0000 OF THE NATIONAL TRANSPORTATION SAFETY BOARD CHRISTOPHER P. SCRABA, 0000 ANDREW D. MYERS, 0000 FOR THE REMAINDER OF THE TERM EXPIRING DECEM- JAMES P. SOMMER, 0000 MICHAEL C. NEININGER, 0000 BER 31, 2007, VICE ELLEN G. ENGLEMAN, RESIGNED. GARY S. SPENIK, 0000 DANIEL R. NORTON, 0000 GREGORY J. SUNDGAARD, 0000 PETER C. NOURSE, 0000 DEPARTMENT OF STATE CHRISTOPHER J. TOMNEY, 0000 RANDAL S. OGRYDZIAK, 0000 CRAIG ROBERTS STAPLETON, OF CONNECTICUT, TO MICHAEL E. TOUSLEY, 0000 DAVID J. PALAZZETTI, 0000 SERVE CONCURRENTLY AND WITHOUT ADDITIONAL COM- ROSANNE TRABOCCHI, 0000 ANDREW M. RAIHA, 0000 PENSATION AS AMBASSADOR EXTRAORDINARY AND MARK A. TRUE, 0000 STEPHEN E. RANEY, 0000 PLENIPOTENTIARY OF THE UNITED STATES OF AMERICA STEVEN C. TRUHLAR, 0000 MICHAEL W. RAYMOND, 0000 TO MONACO. DAVID A. VAUGHN, 0000 SEAN P. REGAN, 0000 RONALD SPOGLI, OF CALIFORNIA, TO SERVE CONCUR- MATTHEW VONRUDEN, 0000 PAUL E. RENDON, 0000 RENTLY AND WITHOUT ADDITIONAL COMPENSATION AS RODERICK E. WALKER, 0000 JONATHON N. RIFFE, 0000 AMBASSADOR EXTRAORDINARY AND PLENIPOTENTIARY JAMES A. WIERZBICKI, 0000 BRADLEY J. RIPKEY, 0000 OF THE UNITED STATES OF AMERICA TO THE REPUBLIC WERNER A. WINZ, 0000 MELISSA L. RIVERA, 0000 OF SAN MARINO. GREGORY S. ROBERTSON, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT BRIAN W. ROCHE, 0000 ASIAN DEVELOPMENT BANK TO THE GRADE INDICATED IN THE UNITED STATES RICARDO RODRIGUEZ, 0000 COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271: PATRICK A. ROPP, 0000 CURTIS S. CHIN, OF NEW YORK, TO BE UNITED STATES To be commander MICHAEL T. RORSTAD, 0000 DIRECTOR OF THE ASIAN DEVELOPMENT BANK, WITH WILLIAM E. RUNNELS, 0000 THE RANK OF AMBASSADOR, VICE PAUL WILLIAM JOYCE E. AIVALOTIS, 0000 ORIN E. RUSH, 0000 SPELTZ. CHARLES G. ALCOCK, 0000 JOSE A. SALICETI, 0000 IN THE COAST GUARD JAMES E. ANDREWS, 0000 THOMAS J. SALVEGGIO, 0000 WILLIAM J. ANTONAKIS, 0000 EDWARD W. SANDLIN, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT DARNELL C. BALDINELLI, 0000 KARA M. SATRA, 0000 TO THE GRADE INDICATED IN THE UNITED STATES CHARLES B. BARBEE, 0000 DAVID SAVATGY, 0000 COAST GUARD RESERVES UNDER TITLE 10, U.S.C., SEC- MICHAEL A. BAROODY, 0000 TIMOTHY J. SCHANG, 0000 TION 12203: DALE K. BATEMAN, 0000 HARRY M. SCHMIDT, 0000 DAVID E. BECK, 0000 PATRICK H. SCHMIDT, 0000 To be captain ALAN L. BLUME, 0000 DOUGLAS M. SCHOFIELD, 0000 MARGARET A. BLOMME, 0000 COREY BONHEIM, 0000 JOSEPH R. SIEMIATKOWSKI, 0000 BRUCE F. BRUNI, 0000 GEOFF R. BORREE, 0000 ROBERT L. SMITH, 0000 WILLARD S. ELLIS, 0000 JEROME K. BRADFORD, 0000 ROGER A. SMITH, 0000 ROBERT P. FORGIT, 0000 KEVIN F. BRUEN, 0000 JONATHAN S. SPANER, 0000 HAROLD J. FRENCH, 0000 MARK J. BRUYERE, 0000 MIKEAL S. STAIER, 0000 KURT B. HINRICHS, 0000 DAVID A. BULLOCK, 0000 JAMES A. STEWART, 0000 JOHN T. LAUFER, 0000 GREGORY A. BURG, 0000 SCOTT D. STEWART, 0000 STEVAN C. LITTLE, 0000 JOSEPH S. CALNAN, 0000 EDWARD M. STPIERRE, 0000 SCOTT F. OGAN, 0000 MARK A. CAMACHO, 0000 TODD R. STYRWOLD, 0000 FRANCIS S. PELKOWSKI, 0000 JOSEPH M. CARROLL, 0000 ERICH M. TELFER, 0000 FRED W. REMEN, 0000 GREGORY L. CARTER, 0000 STEVEN C. TESCHENDORF, 0000 MILLARD F. ROBERTS, 0000 STEPHEN H. CHAMBERLIN, 0000 JEFFERY W. THOMAS, 0000 NONA M. SMITH, 0000 GERALD M. CHARLTON, 0000 PHILLIP R. THORNE, 0000 RICKEY D. THOMAS, 0000 PETER J. CLEMENS, 0000 RICHARD V. TIMME, 0000 AMY B. COCANOUR, 0000 WILLIAM R. TIMMONS, 0000 THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT TODD M. COGGESHALL, 0000 TIMOTHY A. TOBIASZ, 0000 TO THE GRADE INDICATED IN THE UNITED STATES BENJAMIN A. COOPER, 0000 GARY L. TOMASULO, 0000 COAST GUARD UNDER TITLE 14, U.S.C., SECTION 271: JONATHAN E. COPLEY, 0000 CARLOS A. TORRES, 0000

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JONATHAN W. TOTTE, 0000 IN THE AIR FORCE CAPT. CYNTHIA A. COOGAN MICHAEL T. TRIMPERT, 0000 CAPT. DAVID T. GLENN RANDALL G. WAGNER, 0000 THE FOLLOWING NAMED INDIVIDUALS IN THE GRADES CAPT. MARY E. LANDRY ROBERT W. WARREN, 0000 INDICATED IN THE REGULAR AIR FORCE UNDER TITLE 10, CAPT. RONALD J. RABAGO BRIAN P. WASHBURN, 0000 U.S.C., SECTION 531(A): CAPT. PAUL F. ZUKUNFT TIMOTHY J. WENDT, 0000 EDWARD A. WESTFALL, 0000 To be colonel CORPORATION FOR NATIONAL AND COMMUNITY JEFFREY C. WESTLING, 0000 RUSSELL G. BOESTER, 0000 SERVICE BRIAN R. WETZLER, 0000 GERARD A. WILLIAMS, 0000 To be lieutenant colonel STEPHEN GOLDSMITH, OF INDIANA, TO BE A MEMBER KARL R. WILLIS, 0000 OF THE BOARD OF DIRECTORS OF THE CORPORATION JOSE M. ZUNIGA, 0000 CHARLES E. CLARK, 0000 FOR NATIONAL AND COMMUNITY SERVICE FOR A TERM IN THE AIR FORCE EDWARD CULTER, 0000 EXPIRING OCTOBER 6, 2010. PANKAG GOYAL, 0000 THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ANDREA HILLERUD, 0000 INSTITUTE OF MUSEUM AND LIBRARY SERVICES IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- ROBERT J. JOHNSON, 0000 SANDRA PICKETT, OF TEXAS, TO BE A MEMBER OF THE CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE ALAN R. NEEFE, 0000 NATIONAL MUSEUM AND LIBRARY SERVICES BOARD FOR AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION JOHN POAGE, 0000 A TERM EXPIRING DECEMBER 6, 2010. 601: DUANE C. TUCKER, 0000 To be lieutenant general MUSSARET A. ZUBERI, 0000 HARRY S TRUMAN SCHOLARSHIP FOUNDATION MAJ. GEN. RAYMOND E. JOHNS, JR., 0000 To be major ROGER L. HUNT, OF NEVADA, TO BE A MEMBER OF THE BOARD OF TRUSTEES OF THE HARRY S TRUMAN SCHOL- THE FOLLOWING NAMED OFFICER FOR APPOINTMENT JOSEPH COLLICA, 0000 ARSHIP FOUNDATION FOR A TERM EXPIRING DECEMBER IN THE UNITED STATES AIR FORCE TO THE GRADE INDI- PATRICIA E. DALEY, 0000 10, 2009. CATED WHILE ASSIGNED TO A POSITION OF IMPORTANCE DIANN B. GORDON, 0000 JOHN E. KIDDE, OF CALIFORNIA, TO BE A MEMBER OF AND RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION CHRISTINE M. HOUSER, 0000 THE BOARD OF TRUSTEES OF THE HARRY S TRUMAN 601: LAWRENCE KOSS, 0000 SCHOLARSHIP FOUNDATION FOR A TERM EXPIRING DE- DAVID M. LEVITT, 0000 CEMBER 10, 2011. To be lieutenant general JULIANA MIRODONE, 0000 LT. GEN. ROBERT D. BISHOP, JR., 0000 BRENDA L. OWEN, 0000 NATIONAL INSTITUTE FOR LITERACY JUAN PACKER, 0000 IN THE ARMY JAMES M. SCOTT, 0000 ELIZA MCFADDEN, OF FLORIDA, TO BE A MEMBER OF THE NATIONAL INSTITUTE FOR LITERACY ADVISORY THE FOLLOWING NAMED OFFICER FOR APPOINTMENT VLAD V. STANILA, 0000 BOARD FOR A TERM EXPIRING JANUARY 30, 2009. IN THE UNITED STATES ARMY TO THE GRADE INDICATED IN THE NAVY WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND NATIONAL FOUNDATION ON THE ARTS AND THE RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: THE FOLLOWING NAMED INDIVIDUALS IN THE GRADES HUMANITIES To be general INDICATED IN THE REGULAR NAVY UNDER TITLE 10, U.S.C., SECTION 531: JANE M. DOGGETT, OF MONTANA, TO BE A MEMBER OF LT. GEN. CHARLES C. CAMPBELL, 0000 To be commander THE NATIONAL COUNCIL ON THE HUMANITIES FOR A TERM EXPIRING JANUARY 26, 2012. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT ILIN CHUANG, 0000 IN THE UNITED STATES ARMY TO THE GRADE INDICATED DEPARTMENT OF LABOR WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND To be lieutenant commander RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: RANDOLPH JAMES CLERIHUE, OF VIRGINIA, TO BE AN To be lieutenant general WILLIAM P. SMITH, 0000 ASSISTANT SECRETARY OF LABOR. MAJ. GEN. JOSEPH F. PETERSON, 0000 f NATIONAL SCIENCE FOUNDATION THE FOLLOWING NAMED OFFICER FOR APPOINTMENT CONFIRMATIONS ARTHUR K. REILLY, OF NEW JERSEY, TO BE A MEMBER IN THE UNITED STATES ARMY TO THE GRADE INDICATED OF THE NATIONAL SCIENCE BOARD, NATIONAL SCIENCE WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND Executive nominations confirmed by FOUNDATION, FOR A TERM EXPIRING MAY 10, 2012. RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: the Senate Thursday, September 21, DEPARTMENT OF EDUCATION To be lieutenant general 2006: LAUREN M. MADDOX, OF VIRGINIA, TO BE ASSISTANT MAJ. GEN. JAMES D. THURMAN, 0000 DEPARTMENT OF JUSTICE SECRETARY FOR COMMUNICATIONS AND OUTREACH, DE- PARTMENT OF EDUCATION. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE ABOVE NOMINATIONS WERE APPROVED SUBJECT IN THE UNITED STATES ARMY TO THE GRADE INDICATED KENNETH L. WAINSTEIN, OF VIRGINIA, TO BE AN AS- TO THE NOMINEES’ COMMITMENT TO RESPOND TO RE- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND SISTANT ATTORNEY GENERAL. QUESTS TO APPEAR AND TESTIFY BEFORE ANY DULY RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: DEPARTMENT OF DEFENSE CONSTITUTED COMMITTEE OF THE SENATE. To be lieutenant general FRANK R. JIMENEZ, OF FLORIDA, TO BE GENERAL IN THE COAST GUARD LT. GEN. PETER W. CHIARELLI, 0000 COUNSEL OF THE DEPARTMENT OF THE NAVY. COAST GUARD NOMINATION OF TINA J. URBAN TO BE IN THE COAST GUARD IN THE NAVY LIEUTENANT. THE FOLLOWING NAMED OFFICER FOR APPOINTMENT THE FOLLOWING NAMED OFFICERS FOR APPOINTMENT PUBLIC HEALTH SERVICE IN THE UNITED STATES NAVY TO THE GRADE INDICATED IN THE UNITED STATES COAST GUARD TO THE GRADE IN- WHILE ASSIGNED TO A POSITION OF IMPORTANCE AND DICATED UNDER TITLE 14, U.S.C., SECTION 271: PUBLIC HEALTH SERVICE NOMINATIONS BEGINNING RESPONSIBILITY UNDER TITLE 10, U.S.C., SECTION 601: To be rear admiral (lower half) WITH JUDITH LOUISE BADER AND ENDING WITH RAQUEL To be vice admiral ANTONIA PEAT, WHICH NOMINATIONS WERE RECEIVED CAPT. THOMAS F. ATKIN BY THE SENATE AND APPEARED IN THE CONGRESSIONAL REAR ADM. PAUL S. STANLEY, 0000 CAPT. CHRISTOPHER C. COLVIN RECORD ON JULY 27, 2006.

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