[Congressional Record Volume 153, Number 17 (Monday, January 29, 2007)]
[Senate]
[Pages S1285-S1293]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mrs. FEINSTEIN:
S. 416. A bill for the relief of Denes Fulop and Gyorgyi Fulop; to
the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I offer today a private immigration
relief bill to provide lawful permanent residence status to Denes and
Gyorgyi Fulop, Hungarian nationals who have lived in California for
more than 20 years. The Fulops are the parents of six U.S. citizen
children. Today, they face deportation having exhausted all
administrative remedies under our immigration system.
The Fulop's story is a compelling one and one which I believe merits
Congress' consideration for humanitarian relief.
The most poignant tragedy to affect this family occurred in May of
2000, when the Fulops eldest child, Robert ``Bobby'' Fulop, an
accomplished 15 year-old teenager, died suddenly of a heart aneurism.
Bobby was considered the shining star of his family.
That same year their six-year-old daughter, Elizabeth, was diagnosed
with moderate pulmonary stenosis, a potentially life-threatening heart
condition and a frightening situation similar to Bobby's. Not long ago,
she successfully underwent heart surgery, but. requires medical
supervision to ensure her good health.
The Fulop's youngest child, Matthew, was born seven weeks premature.
He subsequently underwent several kidney surgeries and is still being
closely monitored by physicians.
Compounding these tragedies is the fact that today the Fulops face
deportation. They face deportation, in part, because in 1995 the family
traveled to Hungary and remained there for more than 90 days.
Under the pre-1996 immigration law, prior to the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996, their stay in Hungary
would not have been a factor in their immigration case and they would
have been eligible for adjustment of status to lawful permanent
residents.
Indeed, in 1996, Mr. and Mrs. Fulop applied to the Immigration and
Naturalization Service (INS) for permanent resident status. Due to
large backlogs, the INS did not interview them until 1998. By the time
their applications were considered, the new 1996 immigration law had
taken effect. Given their one-time 90 day trip outside the United
States, they were statutorily ineligible for relief pursuant to the
cancellation of removal provisions of the Immigration and Nationality
Act.
One cannot help but conclude that had the INS acted on the Fulop's
application for relief from deportation in a timelier manner, they
would have qualified for suspension of deportation under the pre-1996
law, given that they were long-term residents of the United States with
U.S. citizen children and many positive factors in their favor.
The irony of this situation is that the Fulops were gone from the
United States for nearly five months in 1995 because they traveled to
Hungary to help Mr. Fulop's brother build his home. Mr. Fulop's brother
is handicapped and they went to help remodel his home.
The Fulops are good and decent people. Mr. Fulop is a masonry
contractor and the owner and president of his own construction
company--Sumeg International. He has owned this business for 12 years
and currently has three full-time employees.
The couple is active in their church and community. As Pastor Peter
Petrovic of the Apostolic Christian Church of San Diego says in his
letter of support, ``[t]he family is an exceptional asset to their
community.'' Mrs. Fulop has served as a Sunday school teacher and
volunteers regularly at Heritage K-8 Charter School in Escondido. Mrs.
Morris, a Heritage K-8 Charter School faculty member says in her letter
of support that Mrs. Fulop is ``. . . a valuable asset to our school
and community.''
This is a tragic situation. Essentially, as happened to many families
under the Illegal Immigration Reform and Immigrant Responsibility Act
of 1996, the rules of the game were changed in the middle. When the
Fulops applied for relief from deportation they were eligible for
suspension of deportation. By the time the INS got around to their
application, nearly three years later, they were no longer eligible and
in fact suspension of deportation as a form of relief ceased to exist.
The Fulops today have been in the United States since the early
1980s. Most harmful is the effect that their deportation will have on
the children, all of whom were born here and who range from three years
old to 19 years of age. Their eldest, Dennis, is a 4.0 honor student at
Palomar Community College. His sister, Linda, has a 3.8 grade point
average, is an honor student in high school, and is also taking one
class at Palomar Community College.
It is my hope that Congress sees fit to provide an opportunity for
this family to remain together in the United States given their many
years here, the profound sadness they have already experienced and the
harm that would come from their deportation to their six U.S. citizen
children.
I ask unanimous consent that the three letters of community support
be printed in the Record.
There being no objection, the letters were ordered to be printed in
the Record, as follows:
Apostolic Christian Church
of San Diego,
Escondido, CA, December 28, 2006.
Re The Denes Fulop Family.
To Whom It May Concern: My family and I have known Denes
and Joy Fulop for many year. They have been members in good
standing in our church for approximately 20 years. Denes has
served the congregation faithfully in many capacities. He was
a building committee member during the construction of our
church 10 years ago. He also served as church treasurer for
four years and Sunday School Superintendent for many years.
Presently he is a member on the board of trustees.
Joy Fulop was a building sub-committee member during the
construction of the church and also served for a few years as
a Sunday school teacher. Joy is a devoted and committed
homemaker, and a wonderful example of a loving mother and
wife. Their three younger children, Elizabeth, Sarah and
Abigail are actively involved in Sunday school and in various
youth group activities. The two oldest, Denny and Linda, are
also active in the church. Linda is currently a Sunday school
teacher for 2nd to 5th grade children. Linda and Denny are
very diligent and excellent students in High School and
College and are outstanding citizens.
The family is an exceptional asset to their community.
Denes has been self-employed for many years and is a
knowledgeable and
[[Page S1286]]
successful contractor. Their family has never depended on any
government aid, but rather contributes and shares their
blessings with others. Denes, Joy, and their six children are
truly an asset to our church and community.
Should you have any further questions, please don't
hesitate to contact me.
Respectfully submitted,
Peter Petrovic,
Pastor.
____
December 29, 2006.
To Whom It May Concern: The purpose of this letter is to
describe our relationship with the Fulop family over the five
years when they became our neighbors.
Dennis Fulop, a contractor, appears to be a very hard
working man, carrying out the responsibilities of owning his
business plus carrying out responsibilities at home for his
wife and six children. I've come to know that Joy, Mrs.
Fulop, spends every free minute taking care of the family,
home, and involving herself in church and school activities.
We have found them to be excellent neighbors, kind,
thoughtful, and ready to carry out any favor we may have.
The six children have been wonderful to see grow up over
the last several years. They excel in school, are well-
mannered, church going, involved in church ministry, and very
polite on every occasion.
Our family finds itself fortunate to have a congenial and
honest family living next door. It is rare to find such a
quality family.
Sincerely yours,
Elizabeth Brandstater Shaw.
____
R. Rimmer Construction Inc.,
Cardiff, CA, January 3, 2007.
To Whom It May Concern:
The purpose of this letter is to describe my relationship
with Dennis Fulop whom I have known for approximately twenty-
four years.
As a building contractor in the San Diego area I have been
fortunate to have worked with Dennis for most of those years.
He has constructed nearly all of the foundations for the room
additions and new houses that I have built. Dennis has also
constructed most of the driveways, sidewalks, retaining
walls, fireplaces and masonry on my projects. He has also
attended to much of my finish grading, drainage and backhoe
construction needs.
Dennis has long been an invaluable member of my
construction ``team``. He is very knowledgeable in nearly all
construction matters. He has always been very reliable and
responsible in meeting deadlines and upholding high standards
of construction quality.
Dennis is also a very successful small business owner. He
has his own credit accounts with all of the necessary
construction suppliers and to my knowledge has always paid
his bills in a timely manner. In fact, I have never been
contacted or liened by any of his suppliers to date. Dennis
is also very proficient at managing and providing work for
his employees.
Dennis' wife Joy is a dedicated wife and mother to their
six children. She is also actively involved in their church,
the Apostolic Christian Church of Escendido.
I am thankful to know the Fulops on a personal level as
well. They have graciously invited me and my family to
several family and holiday festivities over the years. We
always look forward to getting together with the Fulops and
other members of their church.
Sincerely,
Ron Rimmer,
President, R. Rimmer Construction Inc.
______
By Mrs. FEINSTEIN:
S. 417. A bill for the relief of Claudia Marquez Rico; to the
Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I am offering today private relief
legislation to provide lawful permanent residence status to Claudia
Marquez Rico, a Mexican national living in Redwood City, CA.
Born in Jalisco, Mexico, Claudia was brought to the United States by
her parents 16 years ago. Claudia was just 6 years old at the time. She
has two younger brothers, Jose and Omar, who came to America with her,
and a sister, Maribel, who was born in California and is a U.S.
Citizen. America is the only home they know.
Six years ago that home was visited by tragedy. As Mr. and Mrs.
Marquez were driving to work early on the morning of October 4, 2000,
they were both killed in a horrible traffic accident when their car
collided with a truck on an isolated rural road.
The children went to live with their aunt and uncle, Hortencia and
Patricio Alcala. The Alcalas are a generous and loving couple. They are
U.S. citizens with two children of their own. They took the Marquez
children in and did all they could to comfort them in their grief. They
supervised their schooling, and made sure they received the counseling
they needed, too. The family is active in their parish at Buen Pastor
Catholic Church, and Patricio Alcala serves as a youth soccer coach. In
2001, the Alcalas were appointed the legal guardians of the Marquez
children.
Sadly, the Marquez family received bad legal representation. At the
time of their parents' death, Claudia and Jose were minors, and
qualified for special immigrant juvenile status. This category was
enacted by Congress to protect children like them from the hardship
that would result from deportation under such extraordinary
circumstances, when a State court deems them to be dependents due to
abuse, abandonment or neglect. Today, their younger brother Omar is on
track to lawful permanent residence status as a special immigrant
juvenile. Unfortunately, the family's previous lawyer failed to secure
this relief for Claudia, and she has now reached the age of majority
without having resolved her immigration status.
I should note that their former lawyer, Walter Pineda, is currently
answering charges on 29 counts of professional incompetence and 5
counts of moral turpitude for mishandling immigration cases and appears
on his way to being disbarred.
I am offering legislation on Claudia's behalf because I believe that,
without it, this family would endure an immense and unfair hardship.
Indeed, without this legislation, this family will not remain a family
for much longer.
Despite the adversity they encountered, Claudia and Jose finished
school and now work together in a pet grooming store in Redwood City,
where Claudia is the store manager. They support themselves, and they
are dedicated to their community and devoted to their family. In fact,
last year Claudia became the legal guardian of her 14-year-old sister
Maribel, who lives with her and Jose at their home in Redwood City.
Omar, now 17 years old, continues to live with the Alcalas so as not to
interrupt his studies at Aragon High School in San Mateo. Again,
Maribel is a U.S. citizen, and Omar is eligible for a green card.
Claudia has no close relatives in Mexico. She has never visited
Mexico, and she was so young when she was brought to America that she
has no memories of it. How can we expect her to start a new life there
now?
It would be a grave injustice to add to this family's misfortune by
tearing these siblings apart. This is a close family, and they have
come to rely on each other heavily in the absence of their deceased
parents. This bill will prevent the added tragedy of another wrenching
separation.
Given these extraordinary and unique facts, I ask my colleagues to
support this private relief bill on behalf of Claudia Rico.
______
By Mrs. FEINSTEIN:
S. 418, A bill for the relief of Shigeru Yamada; to the Committee on
the Judiciary.
Mrs. FEINSTEIN. Mr. President, I offer today private relief
legislation to provide lawful permanent residence status to Shigeru
Yamada, a 24-year-old Japanese national who lives in Chula Vista, CA.
I have decided to re-introduce a private bill on his behalf because I
believe that Mr. Yamada represents a model American citizen, for whom
removal from this country would represent an unfair hardship. Without
this legislation, Mr. Yamada will be forced to return to a country in
which he lacks any linguistic, cultural or family ties.
Mr. Yamada legally entered the United States with his mother and two
sisters in 1992 at the young age of 10. The family was fleeing from Mr.
Yamada's alcoholic father, who had been physically abusive to his
mother, the children and even his own parents. Since then, he has had
no contact with his father and is unsure if he is even alive.
Tragically, Mr. Yamada experienced further hardship when his mother was
killed in a car crash in 1995. Orphaned at the age of 13, Mr. Yamada
spent time living with his aunt before moving to Chula Vista to live
with a close friend of his late mother.
The death of his mother marked more than a personal tragedy for Mr.
Yamada; it also served to impede the process for him to legalize his
status. At the time of her death, Mr. Yamada's family was living
legally in the United States. His mother had acquired a student visa
for herself and her children qualified as her dependants. Her death
revoked his legal status in the United States. In addition, Mr.
Yamada's
[[Page S1287]]
mother was engaged to an American citizen at the time of her death. Had
she survived, her son would likely have become an American citizen
through this marriage.
Mr. Yamada has exhausted all administrative options under our current
immigration system. Throughout high school, he contacted attorneys in
the hopes of legalizing his status, but his attempts were unsuccessful.
Unfortunately, time has run out and, for Mr. Yamada, the only option
available to him today is private relief legislation.
For several reasons, it would be tragic for Mr. Yamada to be deported
from the United States and forced to return to Japan.
First, since arriving in the United States, Mr. Yamada has lived as a
model American. He graduated with honors from Eastlake High School in
2000, where he excelled in both academics and athletics. Academically,
he earned a number of awards including being named an Outstanding
English Student his freshman year, an All-American Scholar, and earning
the United States National Minority Leadership Award. His teacher and
coach, Mr. John describes him as being responsible, hard working,
organized, honest, caring and very dependable. His role as the Vice-
President of the Associated Student Body his senior year is an
indication of Mr. Yamada's high level of leadership, as well as, his
popularity and trustworthiness among his peers. As an athlete, Mr.
Yamada was named the Most Inspirational Player of the Year in Junior
Varsity baseball and football, as well as, Varsity football. His
football coach, Mr. Jose Mendoza, expressed his admiration by saying
that he has seen in Shigeru Yamada the responsibility, dedication and
loyalty that the average American holds to be virtuous.
Second, Mr. Yamada has distinguished himself as a local volunteer. As
a member of the Eastlake High School Link Crew, he helped freshman find
their way around campus, offered tutoring and mentoring services, and
set an example of how to be a successful member of the student body.
After graduating from high school, he volunteered his time for four
years as the coach of the Eastlake High School Girl's softball team.
The former head coach, who has since retired, Dr. Charles Sorge,
describes him as an individual full of integrity who understands that
as a coach it is important to work as a team player. His level of
commitment to the team was further illustrated to Dr. Sorge when he
discovered, halfway through the season, that Mr. Yamada's commute to
and from practice was two hours long each way. It takes an individual
with character to volunteer his time to coach and never bring up the
issue of how long his commute takes him each day. Dr. Sorge hopes that,
once Mr. Yamada legalizes his immigration status, he will be formally
hired to continue coaching the team.
Third, sending Mr. Yamada back to Japan would be an immense hardship
for him and his family here. Mr. Yamada does not speak Japanese. He is
unaware of the nation's current cultural trends. And, he has no
immediate family members that he knows of in Japan. Currently, both of
his sisters are in the process of legalizing their immigration status
in the United States. His older sister is married to a United States
citizen and his younger sister is being adopted by a maternal aunt, who
is a United States citizen. Since as all of his family lives in
California, sending Mr. Yamada back to Japan would serve to split his
family apart and separate him from everyone and everything that he
knows. His sister contends that her younger brother would be lost if he
had to return to live in Japan on his own. It is unlikely that he would
be able to find any gainful employment in Japan due to his inability to
speak or read the language.
As a member of the Chula Vista community, Mr. Yamada has
distinguished himself as an honorable individual. His teacher, Mr.
Robert Hughes, describes him as being an upstanding All-American young
man. Until being picked up during a routine check of riders'
immigration status on a city bus, he had never been arrested or
convicted of any crime. Mr. Yamada is not, and has never been, a burden
on the State. He has never received any Federal or State assistance.
Currently, Mr. Yamada holds sophomore status at Southwestern
Community College. However, he is taking this semester off in order to
alleviate his financial burdens by working full time. He had hoped to
pursue a career in law enforcement, but his plans have recently changed
due to his current immigration status dilemma. Until he obtains
citizenship, Mr. Yamada will be prohibited from pursuing a career in
law enforcement. Due to the circumstances, Mr. Yamada has changed his
career goal to that of becoming a high school teacher. Mr. Yamada's
commitment to his education is admirable. He could have easily taken a
different path but, through his own individual fortitude, he has
dedicated himself to his studies so that he can live a better life.
With his hard work and giving attitude, Shigeru Yamada represents the
ideal American citizen. Although born in Japan, he is truly American in
every other sense. I ask you to help right a wrong and grant Mr. Yamada
lawful permanent resident status so that he can continue towards his
bright future.
Given these extraordinary and unique facts, I ask my colleagues to
support this private relief bill on behalf of Mr. Yamada.
I also ask unanimous consent that the three letters of community
support be printed in the Record.
There being no objection, the letters were ordered to be printed in
the Record, as follows:
Eastlake High School,
Chula Vista, California, January 9, 2007.
Senator Dianne Feinstein,
U.S. Senate,
Washington, DC.
Dear Senator Feinstein: I am more than happy to write this
letter on behalf of Shigeru Yamada as he pursues his efforts
to stay in the United States. I was Shigeru's counselor while
he attended Eastlake High School. During that time he always
displayed exemplary behavior, academic focus, and personal
determination.
Academically Shigeru was a model student. He earned a 3.84
grade point average; he made the National Honor Roll and was
nominated to Who's Who Among High School Students for three
straight years. Shigeru plans to attend a university to study
sports medicine and physical therapy so he has set high goals
for himself. He has the ability to not only handle college-
level work, but to thrive on the challenge the university
will bring. His quiet determination has been an example to
his peers and was a joy to his instructors.
Shigeru Yamada not only took the most from his high school
experience, but he has consistently ``given back'' his
talents, time, and effort to serve the school community. He
was elected ASB vice-president during his senior year. He
demonstrated leadership skills as president of the Inter-Club
Council on campus; he mentored incoming ninth-grade students
and worked on numerous service projects. In addition to his
involvement in student government, Shigeru participated in
football, baseball, and wrestling. He was named '''Most
Inspirational Player of the Year'' for both his junior
varsity baseball and football teams. He was also awarded the
J.T. Franks Memorial Award (most inspirational) from the
varsity football team. (This award carries a great deal of
respect amongst the players as it is named after a teammate
who died of cancer.) Shigeru was a role model for our
students when he attended our school: He earned good grades;
he was an athlete; and he was involved in a variety of
additional activities. He is the kind of student that
Eastlake High School has been proud to have.
A further testimony to Shigeru's character is what he has
been doing since graduating. This young man has come back to
serve as an assistant football and wrestling coach for our
students. He has given his time and energy to working with
individual students during the week and on weekends; he has
not only advised them on how to improve their athletic
skills, but he has also been a wonderful role model and
mentor. He is someone to whom the young men can relate, a
person whose opinions are valued. I have personally seen
Shigeru interact with these boys; the respect he gives them
and the respect they give Shigeru is an absolute indication
of the positive influence he has in their lives.
* * *
____
Word & Brown,
San Diego, CA, January 17, 2007.
To Whom It May Concern:
For over 11 years now Shigeru Yamada has been my best
friend. His presence in my life has been a blessing. From the
very first moment I met him I knew that he was a special
person destined to impact positively everyone's lives around
him. His ability to see the silver lining even around the
darkest rain cloud is amazing to me. As a student Shigeru was
amongst the best and brightest. He was a California
Scholarship Federation Scholar every semester, he was Spanish
student of the year two years in a row, and he served as
Associated Student Body Vice-President his senior year. As an
athlete, Shigeru was a varsity letterman in Football,
Wrestling,
[[Page S1288]]
and Track and Field. He also served as a team captain on the
Football team. As a member of the community, Shigeru has
donated of his time freely coaching the Eastlake High
Softball team and Eastlake High football team. His ability to
give so much and ask for so little in return is an
inspiration to all around him. For the last few years Shigeru
has been able to legally work in this country. In those few
years Shigeru has risen to the top sales levels at
Nordstrom's department store and was even promoted to
assistant manager. In every aspect and in every arena in
which Shigeru has been in he has always excelled. He
exemplifies that which makes this country great; bravery,
honesty, hard work. In this time of change and uncertainty
people like Shigeru Yamada remind me what it is that makes
this country of ours work. His pursuit of life, liberty, and
happiness has been a difficult one but he has never stopped
believing and working towards that goal. I respectfully
request that you once again push for Shigeru Yamada to be
granted full legal status in this great country of ours.
Pedro Miguel Reyes.
____
January 11, 2007.
Dear Senator Feinstein: I am writing to you from San Diego,
CA on behalf of my friend Shigera Yamada's life-long quest
for American citizenship.
I have known Shiggy as a fellow associate, as his manager,
as a confidante, and most importantly as a friend. Shiggy is
kind, honest, funny, giving, and intelligent. He is the type
of person who will pick you up no matter how out of his way
it is, bring you breakfast when you are sick, or just listen
to you when you need to talk.
One of the qualities I admire most about Shiggy is his
never-ending positive attitude. For the past two years that I
have known him, I have never heard him complain about his
situation. While going to school, working overtime, and
standing in as a father figure for his baby sister, he was
always there for me whenever I needed him. He has overcome so
many obstacles in his life that have only made him stronger.
Shiggy is a model citizen who has worked extremely hard to
get to where he is today. I am grateful for the chance to
have befriended Shiggy. He is one of the most respectful and
professional people I have ever met and had the chance to
work with. I know that he does not take a single thing in his
life for granted, and will continue to realize his goals
through hard work.
Our country would be lucky to acquire his high caliber of
determination, positive attitude, and perseverance as a
citizen. I admire his ability to use the curveballs life
throws his way as nothing less than learning experiences, and
highly recommend him for United States citizenship.
Thank You,
Sara Chaffee-Standish.
______
By Mrs. FEINSTEIN:
S. 419. A bill for the relief of Esidronio Arreola-Saucedo, Maria
Elna Cobian Arreola, Nayely Bibiana Arreola, and Cindy Jael Arreola; to
the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I offer today private immigration
relief legislation to provide lawful permanent residence status to
Esidronio Arreola-Saucedo, Maria Elena Cobian Arreola, Nayely Bibiana
Arreola and Cindy Jael Arreola, Mexican nationals living in the Fresno
area of California.
Mr. and Mrs. Arreola have lived in the United States for over 20
years. Two of their five children, Nayely, age 20, and Cindy, age 18,
also stand to benefit from this legislation. Their other three
children, Roberto, age 15, Daniel, age 11, and Saray, age 9, are United
States citizens. Today, Mr. and Mrs. Arreola and their two eldest
children face deportation.
The story of the Arreola family is compelling and I believe they
merit Congress' special consideration for such an extraordinary form of
relief as a private bill.
The Arreolas are in this uncertain situation in part because of
grievous errors committed by their previous counsel, who has since been
disbarred. In fact, the attorney's conduct was so egregious that it
compelled an immigration judge to write the Executive Office of
Immigration Review seeking his disbarment for the disservice he caused
his immigration clients.
Mr. Arreola has lived in the United States since 1986. He was an
agricultural migrant worker in the fields of California for several
years, and as such would have been eligible for permanent residence
through the Seasonal Agricultural Workers (SAW) program, had he known
about it.
Mrs. Arreola was living in the United States at the time she became
pregnant with her daughter Cindy, but returned to Mexico to give birth
so as to avoid any problems with the Immigration and Naturalization
Service.
Given the length of time that the Arreolas had, and have been, in the
United States it is quite likely that they would have qualified for
relief from deportation pursuant to the cancellation of removal
provisions of the Immigration and Nationality Act, but for the conduct
of their previous attorney.
Perhaps one of the most compelling reasons for permitting the family
to remain in the United States is the devastating impact their
deportation would have on their children--three of whom are U.S.
citizens--and the other two who have lived in the United States since
they were toddlers. For these children, this country is the only
country they really know.
Nayely, the oldest, is a junior at Fresno Pacific University. She was
the first in her family to graduate from high school and the first to
attend college. She attends Fresno Pacific University, a regionally
ranked university, on a full tuition scholarship package and works
part-time in the admissions office. She is majoring in international
business.
At her young age, Nayely has demonstrated a strong commitment to the
ideals of citizenship in her adopted country. She has worked hard to
achieve her full potential both in her academic endeavors and through
the service she provides her community. As the Associate Dean of
Enrollment Services, Cary Templeton, at Fresno Pacific University
states in a letter of support, ``[t]he leaders of Fresno Pacific
University saw in Nayely, a young person who will become exemplary of
all that is good in the American dream.''
In high school, Nayely was a member of Advancement Via Individual
Determination (AVID), a college preparatory program in which students
commit to determining their own futures through achieving a college
degree. Nayely was also president of the Key Club, a community service
organization. She helped mentor freshmen and participates in several
other student organizations in her school. Perhaps the greatest
hardship to this family, if forced to return to Mexico, will be her
lost opportunity to realize her dreams and further contribute to her
community and to this country.
It is clear to me that Nayely feels a strong sense of responsibility
for her community and country. By all indication, this is the case as
well for all of the members of her family.
The Arreolas also have other family who are lawful permanent
residents of this country or United States citizens. Mrs. Arreola has
three brothers who are U.S. citizens and Mr. Arreola has a sister who
is a U.S. citizen. It is also my understanding that they have no
immediate family in Mexico.
According to immigration authorities, this family has never had any
problems with law enforcement. I am told that they have filed their
taxes for every year from 1990 to the present. They have always worked
hard to support themselves. As I previously mentioned, Mr. Arreola was
previously employed as a farm worker, but now has his own business
repairing electronics. His business has been successful enough to
enable him to purchase a home for his family.
It seems so clear to me that this family has embraced the American
dream and their continued presence in our country would do so much to
enhance the values we hold dear. Enactment of the legislation I have
introduced today will enable the Arreolas to continue to make
significant contributions to their community as well as the United
States.
Mr. President, I ask my colleagues to support this private bill. I
ask unanimous consent that eight letters of community support be
printed in the Record.
There being no objection, the letters were ordered to be printed in
the Record, as follows:
January 2, 2007.
Dear Senator Dianne Feinstein. I Maria Esthela Garay would
like to let you know that Nayely Arreola was my student at
the beginnings of January 1989. It was my pleasure to meet
and have her as my student. She was very obedient and nice.
Nayely was always a very organized girl, and respected the
rules of the class. She also always finished the class work
since she was in preschool. I am glad I met Nayely since she
was and will always be an educated girl.
Nayely is a young girl who will continue her education with
the help of her parents whom I appreciate very much. She is
the pride and joy of those around her and her family in
Porterville California. If you would
[[Page S1289]]
like to know more feel free to call me at xxxxxxxxxxxxxx.
Sincerely,
Maria Esthela Garay.
____
Jesse and Angie Aldaco,
Terra Bella, CA, January 2, 2007.
Re Arreola Family.
Dear Dianne Feinstein. We have known the Arreola family for
three years now and are delighted to have ever met them. Mr.
Isidro Arreola is a very good father, husband, businessman
and member of his church. He portrays everything a good
citizen should be.
His wife Maria Elena is a very hard working woman as well
as a great caretaker of her family. She motivates her
children to further their education.
Their oldest daughter is attending the University and
taking courses on International Affairs. She comes during the
weekends to be with her family.
The Arreolas are a great example to other members of the
community of how a good Christian family should be.
Sincerely,
Jesse and Angie Aldaco.
____
Raquel Garza,
Porterville, CA, January 3, 2007.
Re Arreola Family.
Dear Dianne Feinstein. The Arreola Family are very good
friends of mine. They participate in the church that I also
attend. Isidro Arreola is a very hard workingman and has his
own business from home. Mr. and Mrs. Arreola bring up their
children a in a good Christian environment. They are a great
example in their church and the community. They are elders in
their church and are considered leaders. They always go an
extra mile than what is asked of them. Their children try
very hard in accomplishing their dreams and goals. It is a
privilege to know this family and would not hesitate to speak
up for them in any situation. This family is very honest and
loving.
Sincerely,
Roquel Garza.
____
Maria Gonzalez,
Porterville, CA, January 2, 2007.
Re Arreola Family.
Dear Dianne Feinstein: I have known the Arreola family for
5-6 years. I used to work with Maria Elena Arreola and are
delighted to have ever met her and her family.
This family is a great example to fellow community members.
They are a good Christian family that set good examples to
others. Isidro Arreola is a very hard working man repairing
appliances. We attend the same church and they are leaders in
the church. They demonstrate many Godly traditions and
beliefs. They are a great family to know and have nearby.
Their children are very studious in school and are always
eager to become better. We are all very proud of their oldest
daughter that attends the University and accomplishes her
dreams.
Sincerely,
Maria Gonzalez.
____
January 1, 2007.
Re Arreola Family
Dear Dianne Feinstein: The Arreola Family are very active
in their church and Mr. Isidro Arreola is a very hard working
man. They do what they can to bring up their children in a
positive environment. I can seriously say that they are a
very good family wanting the best for their children. They
are good friends of ours and visit socially my family. If you
require any more information do not hesitate to call me in
the evenings.
Sincerely,
Perla Garza Martinez.
____
December 31, 2006.
Dear Dianne Feinstein, (Senator): I am writing this
recommendation on behalf of the Arreola family. It has been
my profound comfort and pleasure to have known this family
for many years. I have found them to be bright, well
organized, self sufficient people.
Seldom have I met a family with more social integrity.
Their togetherness, respect and appreciation for one another
can not go unnoted.
Their degree of civility is not only noticed in their
church but in their community and in their institutions of
learning. They are gracious, honest people who have, by their
own initiative, earned the right to human freedom and
dignity.
The above statement is based on humanitarian observances
and has little to do with the political movements dealing
with immigration.
I am interested in the wellbeing of the Arreola family in
its entirety.
I do not believe that it would be prudent for the State of
California to make any disruptive moves effecting the life
style of the Arreola family.
Senator Feinstein, I am asking you to consider the unique
role in which this family plays in the wellbeing of the State
of California.
The family consists of: Mother, MariaElaina, Father,
Esidronio, Children, Nayely and Cindy, Children, (already
citizens), Roberto, Daniel, Saray.
Thank You,
Mr. Lynn Morgan McLean,
Retired Educator.
____
Porterville, CA.
Ms. Diane Feinstein
Regards: Areola Family
Dear Ms. Feinstein: Pursuant to the case of the Areola
family, I would like to take this opportunity to give my
highest and best recommendation on behalf of my family and
myself. We had the pleasure of meeting this wonderful family
through Christian Services. They have proved to be a very
respectful family with strong principles and that of
accomplishing many goals that will prepare them for their
future.
I am a business owner, therefore I am very careful about
making any types of recommendations or references on behalf
of my family, myself and our family owned business. This
family, however, is very special to many, including our
congregation and community.
Thank you in advance for taking the time to read my letter.
If you have any questions, please feel free to call me.
Respectfully,
Patricia Esquivel.
____
January 2, 2007.
Senator Diane Feinstein Greetings: The present letter I am
writing to you is to recommend Nayely Arreola. I know Nayely
since she was 8 years old. At that age she was my best
student in Sunday school class, always eager to learn God's
Word. She was a very smart child and demonstrated good
behavior among her fellow students treating them with
kindness and respect.
As a young lady Nayely developed very fine manners. I
always remember her coming out from one of the classrooms at
Granite Hills High School were I used to work as custodian,
She always greets me with a broad smile and a big hug; not
caring if I was sweaty and dirty.
Moreover, my husband and I, know her parents very well. We
attend the same Christian church regularly, where I am
pleased to see Nayely when she is in town. We all have had a
good friendship through all these years.
Sincerely,
Maria Ochoa.
______
By Mrs. FEINSTEIN:
S. 420. A bill for the relief of Jacqueline W. Coats; to the
Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I offer today private relief
legislation to provide lawful permanent residence status to Jacqueline
Coats, a 26-year old widow currently living in San Francisco.
Mrs. Coats came to the U.S. in 2001 from Kenya on a student visa to
study Mass Communications at San Jose State University. Her visa status
lapsed in 2003, and the Department of Homeland Security began
deportation proceedings against her.
Mrs. Coats married Marlin Coats on April 17, 2006, after dating for
several years. The couple was happily married and planning to start a
family when, on May 13, Mr. Coats tragically died in a heroic attempt
to save two young boys from drowning.
The couple had been on a Mother's Day outing at Ocean Beach with some
of Mr. Coats' nephews when they heard cries for help. Having worked as
a lifeguard in the past, Mr. Coats instinctively dove into the water.
The two children were saved with the help of a rescue crew, but Mr.
Coats, caught in a riptide, died. Mrs. Coats received a medal honoring
her husband.
Four days before Mr. Coats' death, the couple prepared and signed an
application for a green card at their attorney's office. Unfortunately
the petition was not filed until after his death, rendering it invalid.
Mrs. Coats currently has a hearing before an immigration judge in San
Francisco on August 24, but her attorney has informed my staff that she
has no relief available to her and will be ordered deported.
Mrs. Coats, devastated by the loss of her husband, is now caught in a
battle for her right to stay in America. At a recent news conference
with her lawyer, Thip Ark, she explained of her situation, ``I feel
like I have nothing to live for. I have nothing to go home to . . .
I've been here four years . . . It would be like starting a new life.''
Ms. Ark explains that Mrs. Coats is extremely close with her late
husband's family, with whom she lives in San Leandro, CA. Mrs. Coats
has said that her husband's large family has become her own. Ramona
Burton of San Francisco, one of Marlin Coats' seven brothers and
sisters explains, ``She spent her first American Christmas with us, her
first American Thanksgiving . . . I can't imagine looking around and
not seeing her there. She needs to be there.''
The San Francisco and Bay Area community is rallying strong support
for Mrs. Coats. The San Francisco chapters of the NAACP, the San
Francisco Board of Supervisors, and the San Francisco Police
Department, have all
[[Page S1290]]
passed resolutions in support of Mrs. Coats' right to remain in the
country.
Unfortunately, if this private relief bill is not approved, this
young woman, and the Coats family, will face yet another disorienting
and heartbreaking tragedy. Mrs. Coats will be deported to Kenya, a
country she has not lived in since she was 21. In her time of grieving,
she will be forced to leave her home, her job with AC Transit, her new
family, and everything she has known for the past 5 years.
I cannot think of a compelling reason why the United States should
not allow this young widow to continue the green card process. Had her
husband lived, Mrs. Coats would have filed the papers without
difficulty. It was because of her husband's selfless and heroic act
that Mrs. Coats must now struggle to remain in the country. As one
concerned California constituent wrote to me, ``If ever there was a
case where common fairness, morality and decency should reign over
legal technicalities, this is it. We, as a country, need to reward
heroism and good.''
I believe that we can reward the late Mr. Coats for his noble actions
by granting his wife citizenship. It is what he intended for her. It
can even be argued that a green card for his wife was one of his dying
wishes, as the papers were signed just 4 days prior to his death.
For these reasons, I offer this private relief immigration bill and
ask my colleagues to support it on behalf of Mrs. Coats.
I also ask unanimous consent that two letters of support be printed
in the Record.
There being no objection, the letters were ordered to be printed in
the Record, as follows:
Dear Judge,
This woman's husband sacrificed his life to save mine! They
didn't get any type of award, or gift instead they got more
of a punishment. Marlon Coates died and the wife is now a
widow, when they just got married, she deserves some mercy,
and a little consideration for her. She should stay in the
country, she just got here she has bonded with Marlon's
family, she gotten to know everyone. Please let her stay she
really deserves it please!!
My Name is Chance Goss I'm 11 Love to design and go on
roller coasters, paint, do art. I think it means compassion I
think its heroic and wonderful. The incident made me think
before doing don't!!!
____
Life is a very precious thing. When lost, it is very
nostalgic to everyone. Not only is it a tragic thing, but it
also affects the people around that are still living. I'm
greatly traumatized by this whole quandary.
There happens to be a fine line between deaths by a bullet
through the head of various thugs than deaths of heroes.
They don't hurt the same. People are saved everyday and you
must wonder why Marlon? He transpired to be loved by
everyone. He was a former lifeguard, and he saw my brother
out in the water.
A real hero will do what Marlon did. He ran to the bone-
chilling river, knowing that he might breathe his last
breath. He knew that he might not be able to save him. He
knew that might be the last time he saw his wife again.
He took this into account and dove into the water.
His wife is now crying, because she may face deportation
after losing the only love in her life other than God. You
must ask yourselves, is this fair? Marlon was her ticket in
this country and he has deceased.
There should be no question of whether she should stay or
not! She will never see him again. But emotionally they are
still together, because in my mind, marriage is not until
death do us part! His soul is still with her, in her heart,
Let me conclude with me saying let her stay!!!
With God and Jesus giving you hope,
Nate Ewing--Adria's son
______
By Mrs. FEINSTEIN:
S. 421. A bill for the relief of Robert Liang and Alice Liang; to the
Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I offer today private relief
legislation to provide lawful permanent residence status to Robert Kuan
Liang and his wife, Chun-Mei ``Alice'' Hsu-Liang, foreign nationals who
live in San Bruno, CA.
I have decided to offer private relief immigration bills on their
behalf because I believe that, without it, this hardworking couple and
their three United States citizen children would endure an immense and
unfair hardship. Indeed, without this legislation, this family may not
remain a family for much longer.
The Liangs are foreign nationals facing deportation on account of
their overstay of visitors visas and the failure of their previous
attorney to timely file a suspension of deportation application before
the immigration laws changed in 1996.
Mr. Liang is a foreign national and refugee from Laos. His wife is a
citizen of Taiwan. They entered the United States 24 years ago as
tourists and established residency in the San Bruno, CA. Because they
overstayed the terms of their temporary visas, they now face
deportation from the United States.
After living here for so many years, removal from the United States
would not come easily or perhaps without tearing this family apart. The
Liangs have three children born in this country: Wesley, 15 years old,
Bruce, 12 years old, and Eva, 9 years old. Young Wesley suffers from
asthma and has a history of social and emotional anxiety.
The immigration judge who presided over the Liang's case in 1997
concluded that there was no question that the Liang children would be
adversely impacted if they were required to leave their relatives and
friends behind in California to follow their parents to Taiwan, a
country whose language and culture is unfamiliar to them.
I can only imagine how much more they would be adversely impacted now
given the passage of 9 more years.
The Liangs have filed annual income tax returns; established a
successful business, Fong Yong Restaurant, in the United States; are
homeowners, and are financially successful. Since they arrived in the
United States, they have pursued and, to a degree, achieved the
American Dream.
Mr. and Mrs. Liang's quest to legalize their immigration status began
in 1993 when they filed for relief from deportation before an
immigration judge.
The Immigration and Naturalization Service, INS, however, did not act
on their application until nearly 5 years later, in 1997, after which
time the immigration laws had significantly changed.
According to the immigration judge, had the INS acted on their
application for relief from deportation in a timely manner, they would
have qualified for suspension of deportation, given that they were
long-term residents of this country with U.S. citizen children and
other positive factors. By the time INS processed their application,
however, Congress passed the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996, which changed the requirements for relief
from removal to the Liangs' disadvantage.
I supported the changes of the 1996 law, but I believe sometimes
there are exceptions which merit special consideration. The Liangs are
such a couple and family. Perhaps what distinguishes this family from
many others is that through hard work and perseverance, Mr. Liang has
achieved a significant degree of success in the United States while
battling a severe form of post traumatic stress disorder.
According to his psychologist, this disorder stems from the
persecution he, his family and community experienced in his native
country of Laos during the Vietnam war.
Throughout his childhood and adolescence, Mr. Liang was exposed to
numerous traumatic experiences, including the murder of his mother by
the North Vietnamese and frequent episodes of wartime violence. He also
routinely witnessed the brutal persecution and deaths of others in his
village. In 1975, he was granted refugee status in Taiwan.
The emotional impact of Mr. Liang's experiences in his war-torn
native country has been profound and continues to haunt him. His
psychologist has also indicated that he suffers from severe clinical
depression, which has been exacerbated by the prospect of being
deported to Taiwan, where on account of his nationality, he believes he
and his family would be treated as second-class citizens.
Moreover, Mr. Liang believes that the pursuit of further mental
health treatment in Taiwan would only exacerbate the stigma of being an
outsider in a country whose language he does not speak. Given those
prospects, he also fears the impact such a stigma would have on the
well-being and future of his children.
Given these extraordinary and unique facts, I ask my colleagues to
support this private relief bill on behalf of the Liangs.
I also ask unanimous consent that two letters of community support be
printed in the Record.
[[Page S1291]]
There being no objection, the letters were ordered to be printed in
the Record, as follows:
January 2, 2007.
Dear Senator Feinstein: I am writing to ask you to once
again introduce a private bill to aid my friends Alice and
Robert Liang, who are seeking permanent lawful resident
status in the United States.
Without your assistance, the Liangs face deportation for
overstaying their temporary visas by 24 years. Being forced
to leave the United States would devastate their family.
Their three minor children, Eva, Bruce and Wesley, are U.S.
citizens and know no other home. Robert, a refugee from Laos,
suffers from post-traumatic stress disorder that would be
exacerbated if he were forced to relocate to Taiwan after
building a life here.
The Liangs own and run a successful vegetarian Chinese
restaurant, Garden Fresh, in Mountain View. They work hard,
pay taxes and own their own home in San Bruno. Though they
are by no means wealthy, they are generous donors to a
variety of charities and are quick to provide food or
assistance to anyone who needs help. They are also loving
parents and wonderful people who have nearly magically turned
hundreds of their customers into a community of friends
vitally concerned about their welfare. The fact that so many
of their customers are committed to ensuring their future in
the U.S. is a testament to the Liangs high character.
Two years ago, you told Congress that the extraordinary and
unique facts surrounding the Liangs situation merited the
introduction of a private bill on their behalf. I hope that
you will be similarly supportive once again, and I urge you
to continue your efforts to aid this very worthy family.
Thank you.
Sincerely,
June D. Bell.
____
December 27, 2006.
Hon. Dianne Feinstein,
U.S. Senate,
Washington, DC.
Dear Senator Feinstein: We are honored to write to you in
support of the Liang family of San Bruno, California. We have
known Robert and Alice for twelve years, and are repeatedly
awed by their support of their children and their
communities. They are the kind of people that we all wish
could surround us: honest, hard-working and extraordinarily
generous.
Anyone who has enjoyed their restaurants has unknowingly
become a part of Alice's family, as a first-timer noted. But
it is their service to the community, schools, and anyone in
need, that is so extraordinary. For example, on two recent
occasions, after the Katrina and Rita hurricanes, and again
after the Asian tsunami, Robert and Alice gave every penny
received on a full day to the relief efforts. Then on several
occasions, they have taken food and solace to hospitalized
customers (including me), giving up their free day. And for
years, Robert and Alice have provided food for a local public
school, at cost.
This kindness comes from a man who still suffers the
effects of his childhood during the war years in southeast
Asia, and a woman who grew up on a small farm in rural
Taiwan. They are therefore driven to provide a better life
for their American-born children.
We ask that you submit and guide to passage a Private Bill
that would permit this wonderful family to stay together in
our country, thereby enhancing not just the five of them, but
all of us who are touched by them. All five members of the
Liang family should be allowed to stay together in this
country and call themselves American.
Sincerely,
W. Cameron Caswell, Jr.,
Barbara Anne Maas.
______
By Mr. CORNYN (for himself and Mrs. Hutchison):
S. 422. A bill to authorize any alien who has been issued a valid
machine-readable biometric border crossing identification card to be
temporarily admitted into the United States upon successfully
completing a background check; to the Committee on the Judiciary.
Mr. CORNYN. Mr. President. I rise today to introduce the Secure
Border Crossing Card Entry Act of 2007. This bill allows certain
travelers who seek to enter the U.S. temporarily and have already
undergone rigorous security screening prior to entry and at the border,
to enter our country and remain for up to 6 months.
We all agree that comprehensive immigration reform is a top priority
this year--not only for the administration but also for Congress. I
have stated that no effort on immigration reform can succeed without
enhanced border security and worksite enforcement. We have been working
hard to ramp up our border and interior enforcement efforts. Just last
year, Congress dedicated approximately $1.3 billion in last years
Homeland Security Appropriations bill targeted at enhanced border
security. I am pleased that the President and Secretary Chertoff have
made border security a top priority this year as well.
Strong border security, however, must be balanced against policies
that facilitate legitimate trade and travel to the U.S. The security of
our Nation is always paramount. But we also must ensure that the U.S.
remains an economic leader and a welcoming nation for visitors who seek
to enjoy the many business and recreational benefits that the U.S. has
to offer.
We have in place now a program that allows visitors who possess a
machine-readable border crossing card, also known as the ``laser
visa,'' to enter this country for up to 30 days. The laser visa is
issued by the State Department to Mexican nationals, but only after
they have been screened and determined not to be a security risk or
inadmissible to the U.S. Laser visa holders are screened again when
they come to our borders and are inspected by an immigration inspector.
Canadian visitors, on the other hand, are not required to get a laser
visa from the State Department prior to seeking to enter the U.S.
Canadian visitors also can remain in the U.S. for up to 6 months
initially. I see no reason that we should treat citizens and nationals
of our northern neighbor differently from our southern neighbor.
The goal of this bill is to treat all citizens and nationals of our
northern and southern neighbors seeking to temporarily visit the U.S.
the same--allowing them to temporarily visit or conduct business in the
U.S. for up to 6 months. And, because laser visa holders must undergo
background checks before they are issued their secure travel documents,
this policy change would not conflict with our country's goal of
improving border security.
I urge my colleagues to support this legislation.
______
By Mr. AKAKA (for himself, Mr. Craig, Mr. Rockefeller, Mrs.
Murray, Mr. Ensign, Mr. Webb, Mr. Sanders, and Mr. Brown):
S. 423. A bill to increase, effective as of December 1, 2007, the
rates of compensation for veterans with service-connected disabilities
and the rates of dependency and indemnity compensation for the
survivors of certain disabled veterans; to the Committee on Veterans'
Affairs.
Mr. AKAKA. Mr. President, today, as chairman of the Senate Committee
on Veterans' Affairs, I introduce the Veterans Compensation Cost-of-
Living Adjustment Act of 2007. This measure would direct the Secretary
of Veterans' Affairs to increase, effective December 1, 2007, the rates
of veterans' compensation to keep pace with the rising cost-of-living
in this country. The rate adjustment is equal to that provided on an
annual basis to Social Security recipients and is based on the Bureau
of Labor Statistics' Consumer Price Index. Several of my colleagues on
the Committee on Veterans' Affairs, including Ranking Member, Larry
Craig, and Senators Rockefeller, Murray, Sanders, Brown, Webb, and
Ensign join me in introducing this important legislation.
Congress regularly enacts an annual cost-of-living adjustment, COLA,
for veterans' compensation in order to ensure that inflation does not
erode the purchasing power of the veterans and their families who
depend upon this income to meet their daily needs. This past year
Congress passed, and the President signed into law, Public Law 109-361,
which resulted in a COLA increase of 3.3 percent for 2007.
It is important that we view veterans compensation, including the
annual COLA, and indeed all benefits earned by veterans, as a
continuing cost of war. It is clear that the ongoing conflicts in Iraq
and Afghanistan will continue to result in injuries and disabilities
that will yield an increase in claims for compensation. Studies by VA
indicate that the most significant predictor of new claims activity is
the size of the active force. More than 1 million servicemembers have
deployed in support of Operations Enduring and Iraqi Freedom. And,
according to the Department of Defense, as of today there have been
24,216 reported casualties during these operations. This number,
however, does not take into account conditions that develop over the
course of a war, including musculoskeletal disorders. Therefore VA can
expect a significant increase in the number of new claims for
compensation as a result of these ongoing conflicts.
The COLA affects, among other benefits, veterans' disability
compensation
[[Page S1292]]
and dependency and indemnity compensation for surviving spouses and
children. Many of these more than 3 million recipients of those
benefits depend upon these tax-free payments not only to provide for
their own basic needs, but those of their spouses, children and parents
as well. Without an annual COLA increase, these veterans and their
families would see the value of their hard-earned benefits slowly
diminish, and we, as a Congress, would be in dereliction of our duty to
ensure that those who sacrificed so much for this country receive the
benefits and services to which they are entitled.
Disbursement of disability compensation to our Nation's veterans
constitutes one of the core missions of the Department of Veterans
Affairs. It is a necessary measure of gratitude afforded to those
veterans whose lives were irrevocably altered by their service to this
country.
I urge our colleagues to support passage of this COLA increase. I
also ask our colleagues for their continued support for our Nation's
veterans.
______
By Mr. SMITH (for himself and Mr. Wyden):
S. 425. A bill to amend the Internal Revenue Code of 1986 to expand
the resources eligible for the renewable energy credit to kinetic
hydropower, and for other purposes; to the Committee on Finance.
Mr. SMITH. Mr. President, I rise to introduce a bill that will
further our Nation's energy independence, and provide for sustainable
electricity generation. This bill, which is cosponsored by my colleague
from Oregon Senator Wyden, will make facilities that generate
electricity using kinetic hydropower eligible for the production tax
credit under Section 45 of the Internal Revenue Code.
As with many emerging renewable technologies, wave and tidal energy
are more costly than traditional generation using fossil fuels. Yet,
for our environment and our energy security, we must provide incentives
that will encourage the development and commercialization of these
resources.
Under this bill, kinetic hydropower is defined as: ocean free flowing
water derived from flows from tidal currents, ocean currents, waves, or
estuary currents; ocean thermal energy; or free flowing water in
rivers, lakes, man-made channels, or streams.
These innovative technologies are renewable, non-polluting resources
that can help meet our Nation's growing demand for electricity. In
Oregon, it would be possible to produce and transmit over two hundred
megawatts of wave energy without any upgrades to the existing
transmission system. Already numerous preliminary permits have been
filed at the Federal Energy Regulatory Commission for wave energy
facilities off the Oregon coast. Due to the increasing interest in this
form of energy, the Federal Energy Regulatory Commission even held a
conference in December 2006 to assess the types of wave and tidal
technologies that developers are pursuing.
These facilities would be virtually invisible from shore, and could
provide predictable generation that could be easily integrated with
other electricity resources. In addition, according to a January 2005
report issued by the Electric Power Research Institute, ``with proper
siting, converting ocean wave energy to electricity is believed to be
one of the most environmentally benign ways to generate electricity.''
I urge my colleagues to support this important legislation, and to
provide this production tax credit.
I ask unanimous consent that the text of the bill be printed in the
Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 425
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. EXPANSION OF RESOURCES ELIGIBLE FOR RENEWABLE
ENERGY CREDIT TO KINETIC HYDROPOWER.
(a) In General.--Section 45(c)(1) of the Internal Revenue
Code of 1986 (defining qualified energy resources) is amended
by striking ``and'' at the end of subparagraph (G), by
striking the period at the end of subparagraph (H) and
inserting ``, and'', and by adding at the end the following
new subparagraph:
``(I) kinetic hydropower.''.
(b) Definition of Resources.--Section 45(c) of the Internal
Revenue Code of 1986 is amended by adding at the end the
following new paragraph:
``(10) Kinetic hydropower.--The term `kinetic hydropower'
means any of the following:
``(A) Ocean free flowing water derived from flows from
tidal currents, ocean currents, waves, or estuary currents.
``(B) Ocean thermal energy.
``(C) Free flowing water in rivers, lakes, man made
channels, or streams.''.
(c) Facilities.--Section 45(d) of the Internal Revenue Code
of 1986 (relating to qualified facilities) is amended by
adding at the end the following new paragraph:
``(11) Kinetic hydropower facility.--In the case of a
facility using kinetic hydropower to produce electricity, the
term `qualified facility' means any facility owned by the
taxpayer which is originally placed in service after the date
of the enactment of this paragraph and before January 1,
2011. Such term shall not include a facility which includes
impoundment structures.''.
(d) Effective Date.--The amendments made by this section
shall apply to taxable years ending after the date of the
enactment of this Act.
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By Mr. NELSON of Nebraska:
S. 426. A bill to provide that all funds collected from the tariff on
imports of ethanol be invested in the research, development, and
deployment of biofuels, especially cellulosic ethanol produced from
biomass feedstocks; to the Committee on Energy and Natural Resources.
Mr. NELSON of Nebraska. Mr. President, today I rise to introduce the
``Biofuels Investment Trust Fund Act'' because I believe it is
legislation that can help America progress towards a more secure energy
future; I believe it is a small piece to the puzzle that is our energy
policy. The Biofuels Investment Trust Fund Act seeks to take a simple,
common sense step down the path we in this country need to take to
improve our energy security. The Act would direct that all money
collected by the Federal Government pursuant to the tariff on imported
ethanol be invested in the research, development and deployment of
biofuels--especially biofuels like cellulosic ethanol that can be
produced from biomass feedstocks.
There are some who advocate removing the ethanol tariff but I believe
that it is currently unwise to do so. We are in the early stages of
trying to build a renewable fuels industry that will eventually allow
ethanol and other biofuels to be a real alternative to the fuels we
currently derive from oil. The tariff is an important part of that
because it helps the nascent ethanol industry and it ensures that we
are not providing subsidies to ethanol produced in other nations.
It seems to me, however, that the money collected from this tariff
can be put to better, more productive uses than merely deposited in the
general fund. And, it would seem, that using these funds to help build
our domestic ethanol production would be the wisest use of the money.
Therefore, I propose that the tariff funds be collected in a specific
trust fund and only be used for investment in biofuels research,
development and deployment. Moreover, I propose that those funds be
more specifically invested in the next generation of ethanol
production--cellulosic ethanol produced from biomass feedstocks. These
funds can be used in any of a number of ways to help offset the
substantial costs inherent in starting an entire industry--like one for
cellulosic ethanol--from scratch and in the face of volatile
commodities and energy markets.
Our Nation faces a serious crisis brought on by our energy
consumption and, most importantly, by our reliance on foreign sources
of oil. As a Nebraskan, my focus has been on the role agriculture can
play in the development of alternative sources of energy and I am
convinced that American agriculture is positioned to supply the nation
with an abundant source of clean, high-quality energy that will reduce
our destructive reliance on foreign oil.
I also believe that biofuels production can be the catalyst for a new
wave of American innovation as a part of the continuing search for
better energy solutions. The virtue in producing cleaner, more
sustainable fuels derived from our own fields rather than extracted
from distant lands could help spur new technologies, new jobs and new
growth in our national economy.
We in Nebraska know the value of ethanol. We know the benefits it
holds for the environment and our farmers and we know that it is
critical in lessening our dependence on foreign oil.
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We also know that the ethanol industry creates jobs--nearly 1 in 4 jobs
in Nebraska are agriculture related and new ethanol plants are opening
across the State.
I believe that a national emphasis on biofuels production represents
an important investment in the proud tradition of the American farmer,
American ingenuity and American productivity. It's a win-win-win
situation--a win for farmers, a win for agriculture and win for
national security.
There is not an area of the country that does not have some
agriculture product that can be used as an alternative energy source
whether it's corn in Nebraska, forestry wastes in the Northeast and
Northwest, or sugar cane in Hawaii, Louisiana and Florida; or whether
it is biomass energy crops that can be grown throughout the country.
In conclusion, I am proud to introduce the Biofuels Investment Trust
Fund Act with the hope that it will be part of the solution to our
energy problems. The money we deposit in this Biofuels Trust Fund will
help grow our biofuels industry and through that investment we will
improve our national energy security, as well as boosting the economies
in agriculture and our rural communities.
I request that the text of the bill be printed in the Record.
There being no objection, the text of the bill was ordered to be
printed in the Record, as follows:
S. 426
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Biofuels Investment Trust
Fund Act''.
SEC. 2. BIOFUELS INVESTMENT TRUST FUND.
(a) Establishment.--
(1) In general.--There is established in the Treasury of
the United States a trust fund, to be known as the ``Biofuels
Investment Trust Fund'' (referred to in this Act as the
``Trust Fund''), consisting of such amounts as may be
transferred to the Trust Fund under paragraph (2).
(2) Transfer.--As soon as practicable after the date of
enactment of this Act, the Secretary of the Treasury shall
transfer to the Trust Fund, from amounts in the general fund
of the Treasury, such amounts as the Secretary of the
Treasury determines to be equivalent to the amounts received
in the general fund as of January 1, 2007, that are
attributable to duties received on articles entered under
heading 9901.00.50 of the Harmonized Tariff Schedule of the
United States.
(b) Expenditures From Trust Fund.--
(1) In general.--The Secretary of Energy, in consultation
with the Secretary of Agriculture and the Secretary of the
Treasury, shall use amounts in the Trust Fund to provide
financial assistance for research, development, and
deployment programs for biofuels to increase the amount and
diversity of biofuels produced in the United States and made
available to consumers, especially for cellulosic ethanol
production from biomass feedstocks.
(2) Requirements.--The Secretary of Energy shall ensure
that amounts made available under paragraph (1) shall be used
only--
(A) to provide financial assistance to farmers, producers,
biorefiners, researchers, universities, and other persons or
entities involved in the research, development, deployment,
or production of biofuels, especially the production of
biomass feedstock for cellulosic ethanol production; or
(B) as otherwise directed by Congress to advance research,
development, and deployment of biofuels, especially
cellulosic ethanol produced from biomass feedstocks.
(c) Investment of Amounts.--
(1) In general.--The Secretary of the Treasury shall invest
such portion of the Trust Fund as is not, in the judgment of
the Secretary of the Treasury, required to meet current
withdrawals.
(2) Interest-bearing obligations.--Investments may be made
only in interest-bearing obligations of the United States.
(3) Acquisition of obligations.--For the purpose of
investments under paragraph (1), obligations may be
acquired--
(A) on original issue at the issue price; or
(B) by purchase of outstanding obligations at the market
price.
(4) Sale of obligations.--Any obligation acquired by the
Trust Fund may be sold by the Secretary of the Treasury at
the market price.
(5) Credits to trust fund.--The interest on, and the
proceeds from the sale or redemption of, any obligations held
in the Trust Fund shall be credited to and form a part of the
Trust Fund.
(d) Transfers of Amounts.--
(1) In general.--The amounts required to be transferred to
the Trust Fund under subsection (a)(1) shall be transferred
at least quarterly from the general fund of the Treasury to
the Trust Fund on the basis of estimates made by the
Secretary of the Treasury.
(2) Adjustments.--Proper adjustment shall be made in
amounts subsequently transferred to the extent prior
estimates were in excess of or less than the amounts required
to be transferred.
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