[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.
                                 ______
                                 
      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.

[[Page S1293]]

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.

                          ____________________