[Congressional Record Volume 153, Number 42 (Monday, March 12, 2007)]
[Senate]
[Pages S3001-S3011]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. SMITH (for himself, Mr. Bingaman, and Ms. Landrieu):
S. 838. A bill to authorize funding for eligible joint ventures
between United States and Israeli businesses and academic persons, to
establish the International Energy Advisory Board, and for other
purposes; to the Committee on Energy and Natural Resources.
Mr. SMITH. Mr. President, today I am introducing the United States-
Israel Energy Cooperation Act, which is cosponsored by Senators
Bingaman and Landrieu. This bill will help foster cooperation on
renewable energy projects between the United States and our democratic
ally in the Middle East.
Israel has some of the most advanced facilities in the world for
concentrated solar. Israel is developing technology to use unsorted
municipal waste to produce biogas, an alternative ``green''
[[Page S3002]]
energy for transportation and power plants. Israel has also developed
rooftop systems for electricity and hot water supplies.
This bill will help implement an existing agreement between the two
nations entitled, ``Agreement between the Department of Energy of the
United States of America and the Ministry of Energy and Infrastructure
of Israel Concerning Energy Cooperation,'' dated February 1, 1996. The
Secretary of Energy, acting through the Assistant Secretary for Energy
Efficiency and Renewable Energy, will establish a grant program to
support research development and commercialization of alternative
renewable energy sources.
Eligible projects must be joint ventures between an entity in the
U.S. and an entity in Israel, or between the U.S. government and the
government of Israel. Eligible projects include those projects for the
research, development or commercialization of alternative energy
facilities, improved energy efficiency or renewable energy sources.
Under certain circumstances, the Secretary may require repayment of the
grant.
The bill also establishes an advisory board to provide the Secretary
with advice on the criteria for grant recipients and on the appropriate
amount of total grant money to be awarded. Finally the bill authorizes
$20 million annually for fiscal years 2008 through 2014 to carry out
this program.
At this time when issues related to energy security and to greenhouse
gas emissions are receiving so much attention by the Congress, I hope
that my colleagues will join me in cosponsoring this bill. This will
enable the United States and Israel to build upon the important work
being done in both countries to reduce our dependence on imported oil
that too often comes from politically unstable or hostile nations.
______
By Mrs. FEINSTEIN:
S. 841. A bill for the relief of Alfredo Plascencia Lopez and Maria
Del Refugio Plascencia; to the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, I am offering today private relief
legislation to provide lawful permanent residence status to Alfredo
Plascencia Lopez and his wife, Maria del Refugio Plascencia, Mexican
nationals living in San Bruno, CA.
I have decided to offer legislation on their behalf because I believe
that, without it, this hardworking couple and their four 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.
In the 18 years that the Plascencias have been here, they have worked
to adjust their status through the appropriate legal channels, only to
have their efforts thwarted by inattentive legal counsel.
Repeatedly, the Plascencia's lawyer refused to return their calls or
otherwise communicate with them in any way, thereby leaving them in the
dark. He also failed to forward crucial immigration documents, or even
notify the Plascencias that he had them.
Because of the poor representation they received, Mr. and Mrs.
Plascencia only became aware that they had been ordered to leave the
country 15 days prior to their deportation.
Although the family was stunned and devastated by this discovery,
they acted quickly to fire their attorney for gross incompetence,
secure competent counsel, and file the appropriate paperwork to delay
their deportation to determine if any other legal action could be
taken.
For several reasons, it would be tragic for this family to be removed
from the United States.
First, since arriving in the United States in 1988, Mr. and Mrs.
Plascencia have proven themselves to be a responsible and civic-minded
couple who share our American values of hard work, dedication to
family, and devotion to community.
Second, Mr. Plascencia has been gainfully employed at Vince's
Shellfish for the past 14 years, where his dedication and willingness
to learn have propelled him from part-time work to a managerial
position. He now oversees the market's entire packing operation and
several employees. The President of Vince's Shellfish, in one of the
several dozen letters I have received in support of Mr. Plascencia,
referred to him as ``a valuable and respected employee'' who ``handles
himself in a very professional manner'' and serves as ``a role model''
to other employees. Others who have written to me praising Mr.
Plascencia's job performance have referred to him as ``gifted,''
``trusted,'' ``honest,'' and ``reliable.''
Third, like her husband, Mrs. Plascencia has distinguished herself as
a medical assistant at a Kaiser Permanente hospital in the Bay Area.
Not satisfied with working as a maid at a local hotel, Mrs. Plascencia
went to school, earned her high school equivalency degree, improved her
skills, and became a medical assistant.
For 5 years, Mrs. Plascencia was working in Kaiser Permanente's
Oncology Department, where she attended to cancer patients. Her
colleagues, many of whom have written to me in support of her, commend
her ``unending enthusiasm'' and have described her work as
``responsible,'' ``efficient,'' and ``compassionate.''
In fact, Kaiser Permanente's Director of Internal Medicine, Nurse
Rose Carino, wrote to say that Mrs. Plascencia is ``an asset to the
community and exemplifies the virtues we Americans extol: hardworking,
devoted to her family, trustworthy and loyal, [and] involved in her
community. She and her family are a solid example of the type of
immigrant that America should welcome wholeheartedly.'' Nurse Carino
went on to write that Mrs. Plascencia is ``an excellent employee and
role model for her colleagues. She works in a very demanding unit,
Oncology, and is valued and depended on by the physicians she works
with.''
The physicians themselves confirm this. For example, Dr. Laurie
Weisberg, the Chief of Oncology at Kaiser Permanente, writes that Mrs.
Plascencia ``is truly an asset to our unit and is one of the main
reasons that it functions effectively.''
Together, Mr. and Mrs. Plascencia have used their professional
successes to realize many of the goals dreamed of by all Americans.
They saved up and bought a home. They own a car. They have good health
care benefits and they each have begun saving for retirement. They want
to send their children to college and give them an even better life.
This private relief bill is important because it would preserve these
achievements and ensure that Mr. and Mrs. Plascencia will be able to
make substantive contributions to the community in the future. It is
important, also, because of the positive impact it will have on the
couple's children, each of whom is a United States citizen and each of
whom is well on their way to becoming productive members of the Bay
Area community.
Christina, 14, is the Plascencia's oldest child, and an honor student
at Parkside Intermediate School in San Bruno.
Erika, 10, and Alfredo Jr., 8, are enrolled at Belle Air Elementary,
where they have worked hard at their studies and received praise and
good grades from their teachers. In fact, the principal of Erika's
school recognized her as the ``Most Artistic'' student in her class.
Erika's teacher, Mrs. Nascon, remarked on a report card, ``Erika is a
bright spot in my classroom.''
The Plascencia's youngest child is 3-year-old Daisy.
Removing Mr. and Mrs. Plascencia from the United States would be most
tragic for their children. These children were born in the United
States and, through no fault of their own, have been thrust into a
situation that has the potential to alter their lives dramatically.
It would be especially tragic for the Plascencia's older children--
Christina, Erika, and Alfredo--to have to leave the United States. They
are old enough to understand that they are leaving their schools, their
teachers, their friends, and their home. They would leave everything
that is familiar to them. Their parents would find themselves in Mexico
without a job and without a house. The children would have to acclimate
to a different culture, language, and way of life.
The only other option would be for Mr. and Mrs. Plascencia to leave
their children here with relatives. This separation is a choice which
no parents should have to make.
Many of the words I have used to describe Mr. and Mrs. Plascencia are
not
[[Page S3003]]
my own. They are the words of the Americans who live and work with the
Plascencias day in and day out and who find them to embody the American
spirit. I have sponsored this private relief bill, and ask my
colleagues to support it, because I believe that this is a spirit that
we must nurture wherever we can find it. Forcing the Plascencias to
leave the United States would extinguish that spirit.
I ask unanimous consent that the text of the private relief bill and
the numerous letters of support my office has received from members of
the San Bruno community be entered into the Record immediately
following this statement.
There being no objection, the materials were ordered to be printed in
the Record, as follows:
S. 841
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. PERMANENT RESIDENT STATUS FOR ALFREDO PLASCENCIA
LOPEZ AND MARIA DEL REFUGIO PLASCENCIA.
(a) In General.--Notwithstanding subsections (a) and (b) of
section 201 of the Immigration and Nationality Act, Alfredo
Plascencia Lopez and Maria Del Refugio Plascencia shall each
be eligible for the issuance of an immigrant visa or for
adjustment of status to that of an alien lawfully admitted
for permanent residence upon filing an application for
issuance of an immigrant visa under section 204 of that Act
or for adjustment of status to lawful permanent resident.
(b) Adjustment of Status.--If Alfredo Plascencia Lopez and
Maria Del Refugio Plascencia enter the United States before
the filing deadline specified in subsection (c), Alfredo
Plascencia Lopez and Maria Del Refugio Plascencia shall be
considered to have entered and remained lawfully and shall be
eligible for adjustment of status under section 245 of the
Immigration and Nationality Act as of the date of enactment
of this Act.
(c) Deadline for Application and Payment of Fees.--
Subsections (a) and (b) shall apply only if the application
for issuance of immigrant visas or the application for
adjustment of status are filed with appropriate fees within 2
years after the date of enactment of this Act.
(d) Reduction of Immigrant Visa Numbers.--Upon the granting
of immigrant visas or permanent residence to Alfredo
Plascencia Lopez and Maria Del Refugio Plascencia, the
Secretary of State shall instruct the proper officer to
reduce by 2, during the current or next following fiscal
year, the total number of immigrant visas that are made
available to natives of the country of the aliens' birth
under section 203(a) of the Immigration and Nationality Act
or, if applicable, the total number of immigrant visas that
are made available to natives of the country of the aliens'
birth under section 202(e) of that Act.
____
Kaiser Permanente,
San Francisco, CA, January 10, 2007.
Hon. Dianne Feinstein,
U.S. Senate,
Washington, DC.
To Whom It May Concern: I am writing to attest to the
character and work ethic of Marla Del Refugio Plascencia. I
am the Director of Medicine at Kaiser Permanente, South San
Francisco. I have known Maria since she was hired as a
medical assistant into my department in July 2000.
Maria is an excellent employee and role model for her
colleagues. She is extremely dependable; She works in a very
demanding unit, Oncology, and is valued and depended on by
the physicians she works with. Maria is flexible, thorough
and proactive. She pays attention to detail and identifies
potential problems before they occur. In addition, her
bilingual skills enhance the patient care experience for our
members who speak Spanish.
In her short tenure here, Maria found time to volunteer
with our community outreach programs. She served as a
volunteer interpreter for our recent Neighbors in Health
event, wherein free health care was provided to uninsured
children in our local community.
I can't say enough about Maria and the type of person she
is. I feel fortunate to have her in my department. She is an
asset to the community and exemplifies the virtues we
Americans extol: hardworking, devoted to her family,
trustworthy and loyal employee, involved in her community.
She and her family are a solid example of the type of
immigrant that America should welcome wholeheartedly.
It would be an incredible miscarriage of justice if Maria
and Alfredo are deported. They came to this country to pursue
a better life and afford their children opportunities that
they wouldn't have in Mexico. They have begun to do just that
by establishing roots in the community and purchasing a home.
Deporting Maria and Alfredo would rip their family apart and
result in either depriving their children of a loving family
or depriving them of their rights as American citizens if
they leave the country of their birth with their parents.
I pray that you will allow them the opportunity to live in
this country.
Sincerely,
Rose Carino, RN,
Director, Department of Medicine.
____
Sen. Dianne Feinstein,
U.S. Senate,
Washington, DC.
My name is Rosa Mendoza, and I am a resident of San Bruno,
my letter is with the purpose of presenting my observations
on Maria and Alfredo Plascencia whom I have known for about 6
yrs, when Maria started to work for Kaiser Permanente, as I'm
a Kaiser Permanente employee myself.
Maria is a very respectful person, and owns very good moral
principles; she likes to help people according to each other
necessities. I support the private legislation introduced in
their behalf, as this type of people is what each country
needs. Here by I'm asking Senator Feinstein to please keep
working on their case for them to become residents of this
country, as this family needs to stay together. If there
should be any questions please do not hesitate to contact me
at xxxxxxxxxxxxxx.
Sincerely,
Rosa Mendoza.
____
January 10, 2007.
Re: Alfredo Plascensia Lopez and Maria Del Refugio Plascencia
Sen. Dianne Feinstein,
Washington, DC.
To Whom It May Concern: The purpose of this letter is to
present my observations on Alfredo Plascencia Lopez and Maria
Del Refugio Plascencia's character and work ethic.
I have worked with Maria Del Refugio Plascencia for the
past six years and in that time I have gotten to know her as
a person and a friend. Maria is always willing to help in any
situation. She shows great compassion to the patients, as she
is always willing to assist them. In the past year, I have
also gotten to know Alfredo Plascencia Lopez as well as their
five children. Maria and Alfredo have invited my daughter and
me to their home on many occasions and while visiting there,
I have always felt very welcomed as my daughter feels the
same. They treat my daughter as if she were one of their own.
In the past six years, I have also observed how hard
working both Maria and Alfredo are. But while working as hard
as they do both still find time to create a balance between
work, home, family, friends and church. Maria and Alfredo do
all they can for their family, employers and anyone who is in
need of a helping hand. As a mother, I can't imagine having
to go through what Maria and Alfredo are going through right
now. It would be unfair to the Plascencia family if Maria and
Alfredo were to be deported at this time in their lives. It
would also cause a great loss to the Oncology department as
Maria offers tremendous support to all of us here at Kaiser.
Hereby I want to express my gratitude to Senator Feinstein
for the great work that she is doing on the private
legislation, and at the same time I want to ask to please
keep helping them by renewing the introduction of the
legislation. I hope that there is justice in this case and
some consideration of everyone involved in this situation.
Not only will Maria and Alfredo be affected by being deported
but also this could change the lives of their children,
family, friends, co-workers and the patients here at Kaiser.
We need more people like the Plascencia's in our country, as
they are a model family.
Sincerely,
Erika Hidalgo,
Medical Assistant/Receptionist,
Kaiser Permanente.
______
By Mr. DOMENICI (for himself and Mr. Bingaman):
S. 842. A bill to authorize to be appropriated $9,200,000 for fiscal
year 2008 to acquire real property and carry out military construction
projects at Cannon Air Force Base, New Mexico; to the Committee on
Armed Services.
Mr. DOMENICI. Mr. President, I rise today to introduce legislation
authorizing new construction at Cannon Air Force Base, NM.
I am proud to offer this bill because Cannon has a variety of
military construction needs because of a June 2006 decision by the
Secretary of Defense to use Cannon Air Force Base as an Air Force
Special Operations base.
Two of these needs are an MC-130 Flight Simulator facility and
renovations to an existing Hangar to accommodate C-130 aircraft. The
Department of Defense budgeted for both of these items in its fiscal
year 2008 Defense budget request, and in keeping with that request my
legislation authorizes $7.5 million for the MC-130 Flight Simulator
facility and $1.7 million for hangar renovations.
Our special operations forces are a part of some of the most
important missions in the Global War on Terror, and we have more
special operations warfighters deployed now than ever before. I am
proud to support those soldiers, and I look forward to working on this
bill and taking other actions to support our special operations forces.
[[Page S3004]]
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. 842
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. AUTHORITY TO CARRY OUT MILITARY CONSTRUCTION
PROJECTS AT CANNON AIR FORCE BASE, NEW MEXICO.
(a) Authority.--Using amounts appropriated pursuant to the
authorization of appropriations under subsection (b), the
Secretary of the Air Force may acquire real property and
carry out military construction projects at Cannon Air Force
Base, New Mexico, as specified under such subsection.
(b) Authorization of Appropriations.--There are authorized
to be appropriated for fiscal year 2008 for military
construction and land acquisition for the Department of the
Air Force the following amounts:
(1) For the construction or alteration of a C-130 aircraft
hangar at Cannon Air Force, New Mexico, $1,700,000.
(2) For the construction of an MC-130 Flight Simulator
Facility at Cannon Air Force, New Mexico, $7,500,000.
______
By Mrs. FEINSTEIN (for herself, Mr. Hagel, Mr. Kennedy, Mr.
Feingold, Ms. Cantwell, and Mr. Kerry):
S. 844. A bill to provide for the protection of unaccompanied alien
children, and for other purposes; to the Committee on the Judiciary.
Mrs. FEINSTEIN. Mr. President, today, I am pleased to introduce the
Unaccompanied Alien Child Protection Act of 2007, along with Senators
Hagel, Kennedy, Feingold, Cantwell, and Kerry. This important
legislation will govern the way the Federal Government treats
undocumented immigrant children who end up or show up all alone at our
borders or within the United States.
I first introduced legislation similar to this bill in January 2001.
It has now passed twice out of the Senate. Yet, unfortunately, both
times it stalled in the House of Representatives.
Despite the passage of time, this bill remains vital to the proper
treatment of young undocumented children who get caught within our
Federal system. My hope is that this is the year that this bill will
become law.
Every year, more than 7,000 undocumented and unaccompanied children
are apprehended. Most are from Central America, but others come from
Mexico, India, China, Somalia, Sierra Leone, and remote places around
the world. Some have parents or other relatives who the child is trying
to find in the United States, but many have no one.
These children come to the United States for many reasons: reuniting
with family, pursuing education or employment, escaping family violence
or abuse, fleeing political or religious persecution, and seeking
protection from gang violence or recruitment.
Some children are brought here by adults seeking to exploit them for
commercial sex work, domestic servitude, or other forced labor.
Sometimes they're too young to understand why they've been sent to the
United States at all.
These children are the most vulnerable immigrants who come to this
country and I believe we have a special obligation to ensure that they
are treated humanely and fairly.
Historically, U.S. immigration law and policies have been developed
and implemented without regard to their effect on children. This result
has been similar to trying to fit a square peg in a round hole--it just
cannot work.
Under current immigration law, these children are forced to struggle
through a system designed for adults, even though they lack the
capacity to understand nuanced legal principles, let alone courtroom
and administrative procedures. Because of this, children who may very
well be eligible for relief are often deported back to the very life-
threatening situations from which they fled--before they are even able
to make their cases before the Department of Homeland Security or an
immigration judge.
For example, the New York Times recently reported the story of Young
Zheng, who was 14 years old when his parents sent him from China to the
United States.
He was first detained for a year at a facility that was later closed
due to abysmal conditions. Fortunately, he was then transferred to
Chicago, where he was assigned a child advocate who spent time with him
and urged his release to his relatives.
Six months later, Young was released to live with his uncle in Akron,
OH. Then, immigration authorities suddenly attempted to deport Young in
April 2005.
Young so feared being deported that he tried to hurt himself. Young
was terrified that he would be subject to torture by the Chinese
government or that the traffickers would exact physical revenge. The
traffickers had already threatened retribution against his family if
they did not repay the trafficking fee of $60,000.
With the help of a team of pro bono attorneys and the child advocate,
Young's removal was stayed. In April 2006, Young received his green
card and is now a model high school student.
This example dramatically highlights why this legislation is still so
critical. It was only because Young was lucky enough that pro bono
attorneys and a child advocate happened to intervene in his case that
he was not deported. And, they intervened only after he was detained
for 1 year in squalid conditions in the United States.
According to an analysis of Department of Justice data in 2000, those
children fortunate enough to find representation, usually through a pro
bono attorney, are more than four times as likely to be granted asylum.
Sadly, many children never get the help of a child advocate or a pro
bono lawyer. Worse, for those children who are victims of human
trafficking, their only advice may come from lawyers hired by the
traffickers who care nothing for the child's best interest.
The legislation that I am introducing today builds on the Homeland
Security Act of 2002, which adopted components of the bill that I first
introduced during the 107th Congress.
The Homeland Security Act transferred responsibility for the care and
placement of unaccompanied alien children from the now-abolished
Immigration and Naturalization Service to the Office of Refugee
Resettlement within the Department of Health and Human Services.
This change finally resolved the conflict of interest inherent in the
former system that pitted the enforcement side of the Immigration and
Naturalization Service against the benefits side of that same agency in
the care of unaccompanied alien children.
I am pleased that the provision transferring responsibility for the
care and custody of unaccompanied alien children was included in the
Homeland Security Act, and that by all accounts, the transition in the
care of children between the affected agencies has gone well.
Yet, because the Homeland Security Act was crafted quickly, it left
the Department of Homeland Security and the Office of Refugee
Resettlement without clearly distinguished mandates and
responsibilities in some key areas, including legal custody, age
determination procedures, and State court dependency proceedings.
Congress now has a responsibility to go beyond the simple transfer of
children from one agency to another to actually laying out the process
and steps to ensure that unaccompanied alien children are treated
fairly and humanely.
We must provide the Office of Refugee Resettlement, the Department of
Homeland Security and the Department of Justice with the tools they
will need to succeed in their missions regarding the care of
unaccompanied alien children after the transfer of jurisdiction took
place.
First of all, I want to stress that this bill is not about benefits,
as it provides no new immigration benefit to unaccompanied alien
children. Rather, this bill is about the process of how we treat these
children under the current system.
The ``Unaccompanied Alien Child Protection Act'' provides guidance
and instruction to the Office of Refugee and Resettlement, the
Department of Homeland Security and the Department of Justice in the
following areas: first, in the custody, release, family reunification
and detention of unaccompanied alien children; second, it provides
access by unaccompanied alien children to child advocates and pro bono
counsel; third, it streamlines the Special Immigrant Juvenile (SIJ)
program and provides guidance on the
[[Page S3005]]
training of federal government officials and private parties who come
into contact with unaccompanied alien children; fourth, it requires the
issuance of guidelines specific to children's asylum claims; fifth, it
authorizes appropriations for the care of unaccompanied alien children;
and, sixth, it amends the Homeland Security Act of 2002 to provide
additional responsibilities and powers to the Office of Refugee
Resettlement with respect to unaccompanied alien children.
Central throughout the ``Unaccompanied Alien Child Protection Act''
are two concepts: (1) The United States government has a fundamental
responsibility to protect unaccompanied children in its custody; and,
(2) In all proceedings and actions, the government should have as a
priority protecting the interests of these children who are not
criminals or do not pose a risk to our national security.
Imagine the fear of an unaccompanied alien child, in the United
States alone, without a parent or guardian. Imagine that child being
thrust into a system he or she does not understand, provided no access
to pro bono counsel or a child advocate, placed in jail with adults or
housed with juveniles with serious criminal convictions.
I find it hard to believe that our country would allow children to be
treated in such a manner.
That is why I am introducing this legislation today. The
``Unaccompanied Alien Child Protection Act'' will help our country
fulfill the special obligation to these children to treat them fairly
and humanely.
I am proud to have the support of the United States Conference of
Catholic Bishops, the Women's Commission on Refugee Women and Children,
the Lutheran Immigration and Refugee Service, Heartland Alliance,
Amnesty International USA and the United Nations High Commissioner for
Refugees, and many other organizations with whom I have worked closely
to develop this legislation.
I urge my colleagues to join with me by cosponsoring this important
measure and ensuring that these reforms are finally enacted.
I ask unanimous consent that the text of the legislation 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. 844
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the
``Unaccompanied Alien Child Protection Act of 2007''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION
Sec. 101. Procedures when encountering unaccompanied alien children.
Sec. 102. Family reunification for unaccompanied alien children with
relatives in the United States.
Sec. 103. Appropriate conditions for detention of unaccompanied alien
children.
Sec. 104. Repatriated unaccompanied alien children.
Sec. 105. Establishing the age of an unaccompanied alien child.
Sec. 106. Effective date.
TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO CHILD ADVOCATES AND
COUNSEL
Sec. 201. Child advocates.
Sec. 202. Counsel.
Sec. 203. Effective date; applicability.
TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN
CHILDREN
Sec. 301. Special immigrant juvenile classification.
Sec. 302. Training for officials and certain private parties who come
into contact with unaccompanied alien children.
Sec. 303. Report.
TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS
Sec. 401. Guidelines for children's asylum claims.
Sec. 402. Unaccompanied refugee children.
Sec. 403. Exceptions for unaccompanied alien children in asylum and
refugee-like circumstances.
TITLE V--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002
Sec. 501. Additional responsibilities and powers of the Office of
Refugee Resettlement with respect to unaccompanied alien
children.
Sec. 502. Technical corrections.
Sec. 503. Effective date.
TITLE VI--AUTHORIZATION OF APPROPRIATIONS
Sec. 601. Authorization of appropriations.
SEC. 2. DEFINITIONS.
(a) In General.--In this Act:
(1) Competent.--The term ``competent'', in reference to
counsel, means an attorney, or a representative authorized to
represent unaccompanied alien children in immigration
proceedings or matters, who--
(A) complies with the duties set forth in this Act;
(B) is--
(i) properly qualified to handle matters involving
unaccompanied alien children; or
(ii) working under the auspices of a qualified nonprofit
organization that is experienced in handling such matters;
and
(C) if an attorney--
(i) is a member in good standing of the bar of the highest
court of any State, possession, territory, Commonwealth, or
the District of Columbia; and
(ii) is not under any order of any court suspending,
enjoining, restraining, disbarring, or otherwise restricting
the attorney in the practice of law.
(2) Department.--The term ``Department'' means the
Department of Homeland Security.
(3) Director.--The term ``Director'' means the Director of
the Office.
(4) Office.--The term ``Office'' means the Office of
Refugee Resettlement established by section 411 of the
Immigration and Nationality Act (8 U.S.C. 1521).
(5) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(6) Unaccompanied alien child.--The term ``unaccompanied
alien child'' has the meaning given the term in 101(a)(51) of
the Immigration and Nationality Act, as added by subsection
(b).
(7) Voluntary agency.--The term ``voluntary agency'' means
a private, nonprofit voluntary agency with expertise in
meeting the cultural, developmental, or psychological needs
of unaccompanied alien children, as certified by the
Director.
(b) Amendments to the Immigration and Nationality Act.--
Section 101(a) of the Immigration and Nationality Act (8
U.S.C. 1101(a)) is amended by adding at the end the
following:
``(51) The term `unaccompanied alien child' means a child
who--
``(A) has no lawful immigration status in the United
States;
``(B) has not attained 18 years of age; and
``(C) with respect to whom--
``(i) there is no parent or legal guardian in the United
States; or
``(ii) no parent or legal guardian in the United States is
available to provide care and physical custody.
``(52) The term `unaccompanied refugee children' means
persons described in paragraph (42) who--
``(A) have not attained 18 years of age; and
``(B) with respect to whom there are no parents or legal
guardians available to provide care and physical custody.''.
(c) Rule of Construction.--
(1) State courts acting in loco parentis.--A department or
agency of a State, or an individual or entity appointed by a
State court or a juvenile court located in the United States,
acting in loco parentis, shall not be considered a legal
guardian for purposes of section 462 of the Homeland Security
Act of 2002 (6 U.S.C. 279) or this Act.
(2) Clarification of the definition of unaccompanied alien
child.--For the purposes of section 462(g)(2) of the Homeland
Security Act of 2002 (6 U.S.C. 279(g)(2)) and this Act, a
parent or legal guardian shall not be considered to be
available to provide care and physical custody of an alien
child unless such parent is in the physical presence of, and
able to exercise parental responsibilities over, such child
at the time of such child's apprehension and during the
child's detention.
TITLE I--CUSTODY, RELEASE, FAMILY REUNIFICATION, AND DETENTION
SEC. 101. PROCEDURES WHEN ENCOUNTERING UNACCOMPANIED ALIEN
CHILDREN.
(a) Unaccompanied Children Found Along the United States
Border or at United States Ports of Entry.--
(1) In general.--Subject to paragraph (2), an immigration
officer who finds an unaccompanied alien child described in
paragraph (2) at a land border or port of entry of the United
States and determines that such child is inadmissible under
the Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
shall--
(A) permit such child to withdraw the child's application
for admission pursuant to section 235(a)(4) of the
Immigration and Nationality Act (8 U.S.C. 1225(a)(4)); and
(B) return such child to the child's country of nationality
or country of last habitual residence.
(2) Special rule for contiguous countries.--
(A) In general.--Any child who is a national or habitual
resident of a country, which is contiguous with the United
States and has an agreement in writing with the United States
that provides for the safe return and orderly repatriation of
unaccompanied alien children who are nationals or habitual
residents of such country, shall be treated in accordance
with paragraph (1) if the Secretary determines, on a case-by-
case basis, that--
(i) such child is a national or habitual resident of a
country described in this subparagraph;
[[Page S3006]]
(ii) such child does not have a fear of returning to the
child's country of nationality or country of last habitual
residence owing to a fear of persecution;
(iii) the return of such child to the child's country of
nationality or country of last habitual residence would not
endanger the life or safety of such child; and
(iv) the child is able to make an independent decision to
withdraw the child's application for admission due to age or
other lack of capacity.
(B) Right of consultation.--Any child described in
subparagraph (A) shall have the right, and shall be informed
of that right in the child's native language--
(i) to consult with a consular officer from the child's
country of nationality or country of last habitual residence
prior to repatriation; and
(ii) to consult, telephonically, with the Office.
(3) Rule for apprehensions at the border.--The custody of
unaccompanied alien children not described in paragraph (2)
who are apprehended at the border of the United States or at
a United States port of entry shall be treated in accordance
with subsection (b).
(b) Care and Custody of Unaccompanied Alien Children Found
in the Interior of the United States.--
(1) Establishment of jurisdiction.--
(A) In general.--Except as otherwise provided under
subparagraphs (B) and (C) and subsection (a), the care and
custody of all unaccompanied alien children, including
responsibility for their detention, where appropriate, shall
be under the jurisdiction of the Office.
(B) Exception for children who have committed crimes.--
Notwithstanding subparagraph (A), the Department of Justice
shall retain or assume the custody and care of any
unaccompanied alien who is--
(i) in the custody of the Department of Justice pending
prosecution for a Federal crime other than a violation of the
Immigration and Nationality Act; or
(ii) serving a sentence pursuant to a conviction for a
Federal crime.
(C) Exception for children who threaten national
security.--Notwithstanding subparagraph (A), the Department
shall retain or assume the custody and care of an
unaccompanied alien child if the Secretary has substantial
evidence, based on an individualized determination, that such
child could personally endanger the national security of the
United States.
(2) Notification.--
(A) In general.--Each department or agency of the Federal
Government shall promptly notify the Office upon--
(i) the apprehension of an unaccompanied alien child;
(ii) the discovery that an alien in the custody of such
department or agency is an unaccompanied alien child;
(iii) any claim by an alien in the custody of such
department or agency that such alien is younger than 18 years
of age; or
(iv) any suspicion that an alien in the custody of such
department or agency who has claimed to be at least 18 years
of age is actually younger than 18 years of age.
(B) Special rule.--The Director shall--
(i) make an age determination for an alien described in
clause (iii) or (iv) of subparagraph (A) in accordance with
section 105; and
(ii) take whatever other steps are necessary to determine
whether such alien is eligible for treatment under section
462 of the Homeland Security Act of 2002 (6 U.S.C. 279) or
under this Act.
(3) Transfer of unaccompanied alien children.--
(A) Transfer to the office.--Any Federal department or
agency that has an unaccompanied alien child in its custody
shall transfer the custody of such child to the Office--
(i) not later than 72 hours after a determination is made
that such child is an unaccompanied alien, if the child is
not described in subparagraph (B) or (C) of paragraph (1);
(ii) if the custody and care of the child has been retained
or assumed by the Attorney General under paragraph (1)(B) or
by the Department under paragraph (1)(C), following a
determination that the child no longer meets the description
set forth in such subparagraphs; or
(iii) if the child was previously released to an individual
or entity described in section 102(a)(1), upon a
determination by the Director that such individual or entity
is no longer able to care for the child.
(B) Transfer to the department.--The Director shall
transfer the care and custody of an unaccompanied alien child
in the custody of the Office or the Department of Justice to
the Department upon determining that the child is described
in subparagraph (B) or (C) of paragraph (1).
(C) Promptness of transfer.--If a child needs to be
transferred under this paragraph, the sending office shall
make prompt arrangements to transfer such child and the
receiving office shall make prompt arrangements to receive
such child.
(c) Age Determinations.--If the age of an alien is in
question and the resolution of questions about the age of
such alien would affect the alien's eligibility for treatment
under section 462 of the Homeland Security Act of 2002 (6
U.S.C. 279) or this Act, a determination of whether or not
such alien meets such age requirements shall be made in
accordance with section 105, unless otherwise specified in
subsection (b)(2)(B).
(d) Access to Alien.--The Secretary and the Attorney
General shall permit the Office to have reasonable access to
aliens in the custody of the Secretary or the Attorney
General to ensure a prompt determination of the age of such
alien, if necessary under subsection (b)(2)(B).
SEC. 102. FAMILY REUNIFICATION FOR UNACCOMPANIED ALIEN
CHILDREN WITH RELATIVES IN THE UNITED STATES.
(a) Placement of Released Children.--
(1) Order of preference.--Subject to the discretion of the
Director under paragraph (4), section 103(a)(2), and section
462(b)(2) of the Homeland Security Act of 2002 (6 U.S.C.
279(b)(2)), an unaccompanied alien child in the custody of
the Office shall be promptly placed with 1 of the following
individuals or entities in the following order of preference:
(A) A parent who seeks to establish custody under paragraph
(3)(A).
(B) A legal guardian who seeks to establish custody under
paragraph (3)(A).
(C) An adult relative.
(D) An individual or entity designated by the parent or
legal guardian that is capable and willing to care for the
well being of the child.
(E) A State-licensed family foster home, small group home,
or juvenile shelter willing to accept custody of the child.
(F) A qualified adult or entity, as determined by the
Director by regulation, seeking custody of the child if the
Director determines that no other likely alternative to long-
term detention exists and family reunification does not
appear to be a reasonable alternative.
(2) Suitability assessment.--
(A) General requirements.--Notwithstanding paragraph (1),
and subject to the requirements of subparagraph (B), an
unaccompanied alien child may not be placed with a person or
entity described in any of subparagraphs (A) through (F) of
paragraph (1) unless the Director provides written
certification that the proposed custodian is capable of
providing for the child's physical and mental well-being,
based on--
(i) with respect to an individual custodian--
(I) verification of such individual's identity and
employment;
(II) a finding that such individual has not engaged in any
activity that would indicate a potential risk to the child,
including the people and activities described in paragraph
(4)(A)(i);
(III) a finding that such individual is not the subject of
an open investigation by a State or local child protective
services authority due to suspected child abuse or neglect;
(IV) verification that such individual has a plan for the
provision of care for the child;
(V) verification of familial relationship of such
individual, if any relationship is claimed; and
(VI) verification of nature and extent of previous
relationship;
(ii) with respect to a custodial entity, verification of
such entity's appropriate licensure by the State, county, or
other applicable unit of government; and
(iii) such other information as the Director determines
appropriate.
(B) Home study.--
(i) In general.--The Director shall place a child with any
custodian described in any of subparagraphs (A) through (F)
of paragraph (1) unless the Director determines that a home
study with respect to such custodian is necessary.
(ii) Special needs children.--A home study shall be
conducted to determine if the custodian can properly meet the
needs of--
(I) a special needs child with a disability (as defined in
section 3 of the Americans with Disabilities Act of 1990 (42
U.S.C. 12102(2)); or
(II) a child who has been the object of physical or mental
injury, sexual abuse, negligent treatment, or maltreatment
under circumstances which indicate that the child's health or
welfare has been harmed or threatened.
(iii) Follow-up services.--The Director shall conduct
follow-up services for at least 90 days on custodians for
whom a home study was conducted under this subparagraph.
(C) Contract authority.--The Director may, by grant or
contract, arrange for some or all of the activities under
this section to be carried out by--
(i) an agency of the State of the child's proposed
residence;
(ii) an agency authorized by such State to conduct such
activities; or
(iii) an appropriate voluntary or nonprofit agency.
(D) Database access.--In conducting suitability
assessments, the Director shall have access to all relevant
information in the appropriate Federal, State, and local law
enforcement and immigration databases.
(3) Right of parent or legal guardian to custody of
unaccompanied alien child.--
(A) Placement with parent or legal guardian.--If an
unaccompanied alien child is placed with any person or entity
other than a parent or legal guardian, and subsequent to that
placement a parent or legal guardian seeks to establish
custody, the Director shall--
(i) assess the suitability of placing the child with the
parent or legal guardian; and
(ii) make a written determination regarding the child's
placement within 30 days.
(B) Rule of construction.--Nothing in this Act shall be
construed to--
(i) supersede obligations under any treaty or other
international agreement to which the United States is a
party, including--
[[Page S3007]]
(I) the Convention on the Civil Aspects of International
Child Abduction, done at The Hague, October 25, 1980 (TIAS
11670);
(II) the Vienna Declaration and Program of Action, adopted
at Vienna, June 25, 1993; and
(III) the Declaration of the Rights of the Child, adopted
at New York, November 20, 1959; or
(ii) limit any right or remedy under such international
agreement.
(4) Protection from smugglers and traffickers.--
(A) Policies and programs.--
(i) In general.--The Director shall establish policies and
programs to ensure that unaccompanied alien children are
protected from smugglers, traffickers, or other persons
seeking to victimize or otherwise engage such children in
criminal, harmful, or exploitative activity.
(ii) Witness protection programs included.--Programs
established pursuant to clause (i) may include witness
protection programs.
(B) Criminal investigations and prosecutions.--Any officer
or employee of the Office or of the Department, and any
grantee or contractor of the Office or of the Department, who
suspects any individual of involvement in any activity
described in subparagraph (A) shall report such individual to
Federal or State prosecutors for criminal investigation and
prosecution.
(C) Disciplinary action.--Any officer or employee of the
Office or the Department, and any grantee or contractor of
the Office, who believes that a competent attorney or
representative has been a participant in any activity
described in subparagraph (A), shall report the attorney to
the State bar association of which the attorney is a member,
or to other appropriate disciplinary authorities, for
appropriate disciplinary action, including private or public
admonition or censure, suspension, or disbarment of the
attorney from the practice of law.
(5) Grants and contracts.--The Director may award grants
to, and enter into contracts with, voluntary agencies to
carry out this section or section 462 of the Homeland
Security Act of 2002 (6 U.S.C. 279).
(b) Confidentiality.--
(1) In general.--All information obtained by the Office
relating to the immigration status of a person described in
subparagraphs (A), (B), and (C) of subsection (a)(1) shall
remain confidential and may only be used to determine such
person's qualifications under subsection (a)(1).
(2) Nondisclosure of information.--In consideration of the
needs and privacy of unaccompanied alien children in the
custody of the Office or its agents, and the necessity to
guarantee the confidentiality of such children's information
in order to facilitate their trust and truthfulness with the
Office, its agents, and clinicians, the Office shall maintain
the privacy and confidentiality of all information gathered
in the course of the care, custody, and placement of
unaccompanied alien children, consistent with its role and
responsibilities under the Homeland Security Act to act as
guardian in loco parentis in the best interest of the
unaccompanied alien child, by not disclosing such information
to other government agencies or nonparental third parties.
(c) Required Disclosure.--The Secretary or the Secretary of
Health and Human Services shall provide the information
furnished under this section, and any other information
derived from such furnished information, to--
(1) a duly recognized law enforcement entity in connection
with an investigation or prosecution of an offense described
in paragraph (2) or (3) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)), when such information
is requested in writing by such entity; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(d) Penalty.--Any person who knowingly uses, publishes, or
permits information to be examined in violation of this
section shall be fined not more than $10,000.
SEC. 103. APPROPRIATE CONDITIONS FOR DETENTION OF
UNACCOMPANIED ALIEN CHILDREN.
(a) Standards for Placement.--
(1) Order of preference.--An unaccompanied alien child who
is not released pursuant to section 102(a)(1) shall be placed
in the least restrictive setting possible in the following
order of preference:
(A) Licensed family foster home.
(B) Small group home.
(C) Juvenile shelter.
(D) Residential treatment center.
(E) Secure detention.
(2) Prohibition of detention in certain facilities.--Except
as provided under paragraph (3), an unaccompanied alien child
shall not be placed in an adult detention facility or a
facility housing delinquent children.
(3) Detention in appropriate facilities.--An unaccompanied
alien child who has exhibited violent or criminal behavior
that endangers others may be detained in conditions
appropriate to such behavior in a facility appropriate for
delinquent children.
(4) State licensure.--A child shall not be placed with an
entity described in section 102(a)(1)(E), unless the entity
is licensed by an appropriate State agency to provide
residential, group, child welfare, or foster care services
for dependent children.
(5) Conditions of detention.--
(A) In general.--The Director and the Secretary shall
promulgate regulations incorporating standards for conditions
of detention in placements described in paragraph (1) that
provide for--
(i) educational services appropriate to the child;
(ii) medical care;
(iii) mental health care, including treatment of trauma,
physical and sexual violence, and abuse;
(iv) access to telephones;
(v) access to legal services;
(vi) access to interpreters;
(vii) supervision by professionals trained in the care of
children, taking into account the special cultural,
linguistic, and experiential needs of children in immigration
proceedings;
(viii) recreational programs and activities;
(ix) spiritual and religious needs; and
(x) dietary needs.
(B) Notification of children.--Regulations promulgated
under subparagraph (A) shall provide that all children in
such placements are notified of such standards orally and in
writing in the child's native language.
(b) Prohibition of Certain Practices.--The Director and the
Secretary shall develop procedures prohibiting the
unreasonable use of--
(1) shackling, handcuffing, or other restraints on
children;
(2) solitary confinement; or
(3) pat or strip searches.
(c) Rule of Construction.--Nothing in this section shall be
construed to supersede procedures favoring release of
children to appropriate adults or entities or placement in
the least secure setting possible, as described in paragraph
23 of the Stipulated Settlement Agreement under Flores v.
Reno.
SEC. 104. REPATRIATED UNACCOMPANIED ALIEN CHILDREN.
(a) Country Conditions.--
(1) Sense of congress.--It is the sense of Congress that,
to the extent consistent with the treaties and other
international agreements to which the United States is a
party, and to the extent practicable, the United States
Government should undertake efforts to ensure that it does
not repatriate children in its custody into settings that
would threaten the life and safety of such children.
(2) Assessment of conditions.--
(A) In general.--The Secretary of State shall include, in
the annual Country Reports on Human Rights Practices, an
assessment of the degree to which each country protects
children from smugglers and traffickers.
(B) Factors for assessment.--The Secretary shall consult
the Country Reports on Human Rights Practices and the
Trafficking in Persons Report in assessing whether to
repatriate an unaccompanied alien child to a particular
country.
(b) Report on Repatriation of Unaccompanied Alien
Children.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, and annually thereafter, the
Secretary shall submit a report to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives on efforts to repatriate
unaccompanied alien children.
(2) Contents.--The report submitted under paragraph (1)
shall include--
(A) the number of unaccompanied alien children ordered
removed and the number of such children actually removed from
the United States;
(B) a description of the type of immigration relief sought
and denied to such children;
(C) a statement of the nationalities, ages, and gender of
such children;
(D) a description of the procedures used to effect the
removal of such children from the United States;
(E) a description of steps taken to ensure that such
children were safely and humanely repatriated to their
country of origin; and
(F) any information gathered in assessments of country and
local conditions pursuant to subsection (a)(2).
SEC. 105. ESTABLISHING THE AGE OF AN UNACCOMPANIED ALIEN
CHILD.
(a) Procedures.--
(1) In general.--The Director, in consultation with the
Secretary, shall develop procedures to make a prompt
determination of the age of an alien, which procedures shall
be used--
(A) by the Secretary, with respect to aliens in the custody
of the Department;
(B) by the Director, with respect to aliens in the custody
of the Office; and
(C) by the Attorney General, with respect to aliens in the
custody of the Department of Justice.
(2) Evidence.--The procedures developed under paragraph (1)
shall--
(A) permit the presentation of multiple forms of evidence,
including testimony of the alien, to determine the age of the
unaccompanied alien for purposes of placement, custody,
parole, and detention; and
(B) allow the appeal of a determination to an immigration
judge.
(b) Prohibition on Sole Means of Determining Age.--
Radiographs or the attestation of an alien may not be used as
the sole means of determining age for the purposes of
determining an alien's eligibility for treatment under this
Act or section 462 of the Homeland Security Act of 2002 (6
U.S.C. 279).
(c) Rule of Construction.--Nothing in this section may be
construed to place the burden of proof in determining the age
of an alien on the Government.
[[Page S3008]]
SEC. 106. EFFECTIVE DATE.
This title shall take effect on the date which is 90 days
after the date of the enactment of this Act.
TITLE II--ACCESS BY UNACCOMPANIED ALIEN CHILDREN TO CHILD ADVOCATES AND
COUNSEL
SEC. 201. CHILD ADVOCATES.
(a) Establishment of Child Advocate Program.--
(1) Appointment.--The Director may appoint a child
advocate, who meets the qualifications described in paragraph
(2), for an unaccompanied alien child. The Director is
encouraged, if practicable, to contract with a voluntary
agency for the selection of an individual to be appointed as
a child advocate under this paragraph.
(2) Qualifications of child advocate.--
(A) In general.--A person may not serve as a child advocate
unless such person--
(i) is a child welfare professional or other individual who
has received training in child welfare matters;
(ii) possesses special training on the nature of problems
encountered by unaccompanied alien children; and
(iii) is not an employee of the Department, the Department
of Justice, or the Department of Health and Human Services.
(B) Independence of child advocate.--
(i) Independence from agencies of government.--The child
advocate shall act independently of any agency of government
in making and reporting findings or making recommendations
with respect to the best interests of the child. No agency
shall terminate, reprimand, de-fund, intimidate, or retaliate
against any person or entity appointed under paragraph (1)
because of the findings and recommendations made by such
person relating to any child.
(ii) Prohibition of conflict of interest.--No person shall
serve as a child advocate for a child if such person is
providing legal services to such child.
(3) Duties.--The child advocate of a child shall--
(A) conduct interviews with the child in a manner that is
appropriate, taking into account the child's age;
(B) investigate the facts and circumstances relevant to the
child's presence in the United States, including facts and
circumstances--
(i) arising in the country of the child's nationality or
last habitual residence; and
(ii) arising subsequent to the child's departure from such
country;
(C) work with counsel to identify the child's eligibility
for relief from removal or voluntary departure by sharing
with counsel relevant information collected under
subparagraph (B);
(D) develop recommendations on issues relative to the
child's custody, detention, release, and repatriation;
(E) take reasonable steps to ensure that--
(i) the best interests of the child are promoted while the
child participates in, or is subject to, proceedings or
matters under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.);
(ii) the child understands the nature of the legal
proceedings or matters and determinations made by the court,
and that all information is conveyed to the child in an age-
appropriate manner;
(F) report factual findings and recommendations consistent
with the child's best interests relating to the custody,
detention, and release of the child during the pendency of
the proceedings or matters, to the Director and the child's
counsel;
(G) in any proceeding involving an alien child in which a
complaint has been filed with any appropriate disciplinary
authority against an attorney or representative for criminal,
unethical, or unprofessional conduct in connection with the
representation of the alien child, provide the immigration
judge with written recommendations or testimony on any
information the child advocate may have regarding the conduct
of the attorney; and
(H) in any proceeding involving an alien child in which the
safety of the child upon repatriation is at issue, and after
the immigration judge has considered and denied all
applications for relief other than voluntary departure,
provide the immigration judge with written recommendations or
testimony on any information the child advocate may have
regarding the child's safety upon repatriation.
(4) Termination of appointment.--The child advocate shall
carry out the duties described in paragraph (3) until the
earliest of the date on which--
(A) those duties are completed;
(B) the child departs from the United States;
(C) the child is granted permanent resident status in the
United States;
(D) the child reaches 18 years of age; or
(E) the child is placed in the custody of a parent or legal
guardian.
(5) Powers.--The child advocate--
(A) shall have reasonable access to the child, including
access while such child is being held in detention or in the
care of a foster family;
(B) shall be permitted to review all records and
information relating to such proceedings that are not deemed
privileged or classified;
(C) may seek independent evaluations of the child;
(D) shall be notified in advance of all hearings or
interviews involving the child that are held in connection
with proceedings or matters under the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), and shall be given a
reasonable opportunity to be present at such hearings or
interviews;
(E) shall be permitted to accompany and consult with the
child during any hearing or interview involving such child;
and
(F) shall be provided at least 24 hours advance notice of a
transfer of that child to a different placement, absent
compelling and unusual circumstances warranting the transfer
of such child before such notification.
(b) Training.--
(1) In general.--The Director shall provide professional
training for all persons serving as child advocates under
this section.
(2) Training topics.--The training provided under paragraph
(1) shall include training in--
(A) the circumstances and conditions faced by unaccompanied
alien children; and
(B) various immigration benefits for which such alien child
might be eligible.
(c) Pilot Program.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director shall establish and
begin to carry out a pilot program to test the implementation
of subsection (a). Any pilot program existing before the date
of the enactment of this Act shall be deemed insufficient to
satisfy the requirements of this subsection.
(2) Purpose.--The purpose of the pilot program established
pursuant to paragraph (1) is to--
(A) study and assess the benefits of providing child
advocates to assist unaccompanied alien children involved in
immigration proceedings or matters;
(B) assess the most efficient and cost-effective means of
implementing the child advocate provisions under this
section; and
(C) assess the feasibility of implementing such provisions
on a nationwide basis for all unaccompanied alien children in
the care of the Office.
(3) Scope of program.--
(A) Selection of site.--The Director shall select 3 sites
at which to operate the pilot program established under
paragraph (1).
(B) Number of children.--Each site selected under
subparagraph (A) should have not less than 25 children held
in immigration custody at any given time, to the greatest
extent possible.
(4) Report to congress.--Not later than 1 year after the
date on which the first pilot program site is established
under paragraph (1), the Director shall submit a report on
the achievement of the purposes described in paragraph (2) to
the Committee on the Judiciary of the Senate and the
Committee on the Judiciary of the House of Representatives.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
SEC. 202. COUNSEL.
(a) Access to Counsel.--
(1) In general.--The Director shall ensure, to the greatest
extent practicable, that all unaccompanied alien children in
the custody of the Office or the Department, who are not
described in section 101(a)(2), have competent counsel to
represent them in immigration proceedings or matters.
(2) Pro bono representation.--To the greatest extent
practicable, the Director shall--
(A) make every effort to utilize the services of competent
pro bono counsel who agree to provide representation to such
children without charge; and
(B) ensure that placements made under subparagraphs (D),
(E), and (F) of section 102(a)(1) are in cities in which
there is a demonstrated capacity for competent pro bono
representation.
(3) Development of necessary infrastructures and systems.--
The Director shall develop the necessary mechanisms to
identify and recruit entities that are available to provide
legal assistance and representation under this subsection.
(4) Contracting and grant making authority.--
(A) In general.--The Director shall enter into contracts
with, or award grants to, nonprofit agencies with relevant
expertise in the delivery of immigration-related legal
services to children in order to carry out the
responsibilities of this Act, including providing legal
orientation, screening cases for referral, recruiting,
training, and overseeing pro bono attorneys.
(B) Subcontracting.--Nonprofit agencies may enter into
subcontracts with, or award grants to, private voluntary
agencies with relevant expertise in the delivery of
immigration-related legal services to children in order to
carry out this subsection.
(C) Considerations regarding grants and contracts.--In
awarding grants and entering into contracts with agencies
under this paragraph, the Director shall take into
consideration the capacity of the agencies in question to
properly administer the services covered by such grants or
contracts without an undue conflict of interest.
(5) Model guidelines on legal representation of children.--
(A) Development of guidelines.--The Director of the
Executive Office for Immigration Review of the Department of
Justice, in consultation with voluntary agencies and national
experts, shall develop model guidelines for the legal
representation of alien children in immigration proceedings.
Such guidelines shall be based on the children's asylum
guidelines, the American Bar Association Model Rules of
Professional Conduct,
[[Page S3009]]
and other relevant domestic or international sources.
(B) Purpose of guidelines.--The guidelines developed under
subparagraph (A) shall be designed to help protect each child
from any individual suspected of involvement in any criminal,
harmful, or exploitative activity associated with the
smuggling or trafficking of children, while ensuring the
fairness of the removal proceeding in which the child is
involved.
(C) Implementation.--Not later than 180 days after the date
of the enactment of this Act, the Director of the Executive
Office for Immigration Review shall--
(i) adopt the guidelines developed under subparagraph (A);
and
(ii) submit the guidelines for adoption by national, State,
and local bar associations.
(b) Duties.--Counsel under this section shall--
(1) represent the unaccompanied alien child in all
proceedings and matters relating to the immigration status of
the child or other actions involving the Department;
(2) appear in person for all individual merits hearings
before the Executive Office for Immigration Review and
interviews involving the Department; and
(3) owe the same duties of undivided loyalty,
confidentiality, and competent representation to the child as
is due to an adult client.
(c) Access to Child.--
(1) In general.--Counsel under this section shall have
reasonable access to the unaccompanied alien child, including
access while the child is--
(A) held in detention;
(B) in the care of a foster family; or
(C) in any other setting that has been determined by the
Office.
(2) Restriction on transfers.--Absent compelling and
unusual circumstances, a child who is represented by counsel
may not be transferred from the child's placement to another
placement unless advance notice of at least 24 hours is made
to counsel of such transfer.
(d) Notice to Counsel During Immigration Proceedings.--
(1) In general.--Except when otherwise required in an
emergency situation involving the physical safety of the
child, counsel shall be given prompt and adequate notice of
all immigration matters affecting or involving an
unaccompanied alien child, including adjudications,
proceedings, and processing, before such actions are taken.
(2) Opportunity to consult with counsel.--An unaccompanied
alien child in the custody of the Office may not give consent
to any immigration action, including consenting to voluntary
departure, unless first afforded an opportunity to consult
with counsel.
(e) Access to Recommendations of Child Advocate.--Counsel
shall be given an opportunity to review the recommendations
of the child advocate affecting or involving a client who is
an unaccompanied alien child.
(f) Counsel for Unaccompanied Alien Children.--Nothing in
this Act may be construed to require the Government of the
United States to pay for counsel to any unaccompanied alien
child.
SEC. 203. EFFECTIVE DATE; APPLICABILITY.
(a) Effective Date.--This title shall take effect on the
date which is 180 days after the date of the enactment of
this Act.
(b) Applicability.--The provisions of this title shall
apply to all unaccompanied alien children in Federal custody
before, on, or after the effective date of this title.
TITLE III--STRENGTHENING POLICIES FOR PERMANENT PROTECTION OF ALIEN
CHILDREN
SEC. 301. SPECIAL IMMIGRANT JUVENILE CLASSIFICATION.
(a) J Classification.--
(1) In general.--Section 101(a)(27)(J) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(27)(J)) is amended to
read as follows:
``(J) an immigrant, who is 18 years of age or younger on
the date of application for classification as a special
immigrant and present in the United States--
``(i) who, by a court order supported by written findings
of fact, which shall be binding on the Secretary of Homeland
Security for purposes of adjudications under this
subparagraph--
``(I) was declared dependent on a juvenile court located in
the United States or has been legally committed to, or placed
under the custody of, a department or agency of a State, or
an individual or entity appointed by a State or juvenile
court located in the United States; and
``(II) should not be reunified with his or her parents due
to abuse, neglect, abandonment, or a similar basis found
under State law;
``(ii) for whom it has been determined by written findings
of fact in administrative or judicial proceedings that it
would not be in the alien's best interest to be returned to
the alien's or parent's previous country of nationality or
country of last habitual residence; and
``(iii) with respect to a child in Federal custody, for
whom the Office of Refugee Resettlement of the Department of
Health and Human Services has certified to the Director of
U.S. Citizenship and Immigration Services that the
classification of an alien as a special immigrant under this
subparagraph has not been made solely to provide an
immigration benefit to that alien.''.
(2) Rule of construction.--Nothing in subparagraph (J) of
section 101(a)(27) of the Immigration and Nationality Act, as
amended by paragraph (1), shall be construed to grant, to any
natural parent or prior adoptive parent of any alien provided
special immigrant status under such subparagraph, by virtue
of such parentage, any right, privilege, or status under such
Act.
(b) Adjustment of Status.--Section 245(h)(2)(A) of the
Immigration and Nationality Act (8 U.S.C. 1255(h)(2)(A)) is
amended to read as follows:
``(A) paragraphs (4), (5)(A), (6)(A), (7)(A), 9(B), and
9(C)(i)(I) of section 212(a) shall not apply; and''.
(c) Eligibility for Assistance.--
(1) In general.--A child who has been certified under
section 101(a)(27)(J) of the Immigration and Nationality Act,
as amended by subsection (a)(1), and who was in the custody
of the Office at the time a dependency order was granted for
such child, shall be eligible for placement and services
under section 412(d) of such Act (8 U.S.C. 1522(d)) until the
earlier of--
(A) the date on which the child reaches the age designated
in section 412(d)(2)(B) of such Act (8 U.S.C. 1522(d)(2)(B));
or
(B) the date on which the child is placed in a permanent
adoptive home.
(2) State reimbursement.--If foster care funds are expended
on behalf of a child who is not described in paragraph (1)
and has been granted relief under section 101(a)(27)(J) of
the Immigration and Nationality Act, the Federal Government
shall reimburse the State in which the child resides for such
expenditures by the State.
(d) Transition Rule.--Notwithstanding any other provision
of law, a child described in section 101(a)(27)(J) of the
Immigration and Nationality Act, as amended by subsection
(a)(1), may not be denied such special immigrant juvenile
classification after the date of the enactment of this Act
based on age if the child--
(1) filed an application for special immigrant juvenile
classification before the date of the enactment of this Act
and was 21 years of age or younger on the date such
application was filed; or
(2) was younger than 21 years of age on the date on which
the child applied for classification as a special immigrant
juvenile and can demonstrate exceptional circumstances
warranting relief.
(e) Rulemaking.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall promulgate
rules to carry out this section.
(f) Effective Date.--The amendments made by this section
shall apply to all aliens who were in the United States
before, on, or after the date of enactment of this Act.
SEC. 302. TRAINING FOR OFFICIALS AND CERTAIN PRIVATE PARTIES
WHO COME INTO CONTACT WITH UNACCOMPANIED ALIEN
CHILDREN.
(a) Training of State and Local Officials and Certain
Private Parties.--
(1) In general.--The Secretary of Health and Human
Services, acting jointly with the Secretary, shall provide
appropriate training materials, and upon request, direct
training, to State and county officials, child welfare
specialists, teachers, public counsel, and juvenile judges
who come into contact with unaccompanied alien children.
(2) Curriculum.--The training required under paragraph (1)
shall include education on the processes pertaining to
unaccompanied alien children with pending immigration status
and on the forms of relief potentially available. The
Director shall establish a core curriculum that can be
incorporated into education, training, or orientation modules
or formats that are currently used by these professionals.
(3) Video conferencing.--Direct training requested under
paragraph (1) may be conducted through video conferencing.
(b) Training of Department Personnel.--The Secretary,
acting jointly with the Secretary of Health and Human
Services, shall provide specialized training to all personnel
of the Department who come into contact with unaccompanied
alien children. Training for agents of the Border Patrol and
immigration inspectors shall include specific training on
identifying--
(1) children at the international borders of the United
States or at United States ports of entry who have been
victimized by smugglers or traffickers; and
(2) children for whom asylum or special immigrant relief
may be appropriate, including children described in section
101(a)(2)(A).
SEC. 303. REPORT.
Not later than 1 year after the date of the enactment of
this Act, and annually thereafter, the Secretary of Health
and Human Services shall submit a report to the Committee on
the Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives that contains, for
the most recently concluded fiscal year--
(1) data related to the implementation of section 462 of
the Homeland Security Act (6 U.S.C. 279);
(2) data regarding the care and placement of children under
this Act;
(3) data regarding the provision of child advocate and
counsel services under this Act; and
(4) any other information that the Director or the
Secretary of Health and Human Services determines to be
appropriate.
[[Page S3010]]
TITLE IV--CHILDREN REFUGEE AND ASYLUM SEEKERS
SEC. 401. GUIDELINES FOR CHILDREN'S ASYLUM CLAIMS.
(a) Sense of Congress.--Congress--
(1) commends the former Immigration and Naturalization
Service for its ``Guidelines for Children's Asylum Claims'',
issued in December 1998;
(2) encourages and supports the Department to implement
such guidelines to facilitate the handling of children's
affirmative asylum claims;
(3) commends the Executive Office for Immigration Review of
the Department of Justice for its ``Guidelines for
Immigration Court Cases Involving Unaccompanied Alien
Children'', issued in September 2004;
(4) encourages and supports the continued implementation of
such guidelines by the Executive Office for Immigration
Review in its handling of children's asylum claims before
immigration judges; and
(5) understands that the guidelines described in paragraph
(3)--
(A) do not specifically address the issue of asylum claims;
and
(B) address the broader issue of unaccompanied alien
children.
(b) Training.--
(1) Immigration officers.--The Secretary shall provide
periodic comprehensive training under the ``Guidelines for
Children's Asylum Claims'' to asylum officers and immigration
officers who have contact with children in order to
familiarize and sensitize such officers to the needs of
children asylum seekers.
(2) Immigration judges.--The Director of the Executive
Office for Immigration Review shall--
(A) provide periodic comprehensive training under the
``Guidelines for Immigration Court Cases Involving
Unaccompanied Alien Children'' and the ``Guidelines for
Children's Asylum Claims'' to immigration judges and members
of the Board of Immigration Appeals; and
(B) redistribute the ``Guidelines for Children's Asylum
Claims'' to all immigration courts as part of its training of
immigration judges.
(3) Use of voluntary agencies.--Voluntary agencies shall be
allowed to assist in the training described in this
subsection.
(c) Statistics and Reporting.--
(1) Statistics.--
(A) Department of justice.--The Attorney General shall
compile and maintain statistics on the number of cases in
immigration court involving unaccompanied alien children,
which shall include, with respect to each such child,
information about--
(i) the age;
(ii) the gender;
(iii) the country of nationality;
(iv) representation by counsel;
(v) the relief sought; and
(vi) the outcome of such cases.
(B) Department of homeland security.--The Secretary shall
compile and maintain statistics on the instances of
unaccompanied alien children in the custody of the
Department, which shall include, with respect to each such
child, information about--
(i) the age;
(ii) the gender;
(iii) the country of nationality; and
(iv) the length of detention.
(2) Reports to congress.--Not later than 90 days after the
date of the enactment of this Act and annually, thereafter,
the Attorney General, in consultation with the Secretary,
Secretary of Health and Human Services, and any other
necessary government official, shall submit a report to the
Committee on the Judiciary of the Senate and the Committee on
the Judiciary House of Representatives on the number of alien
children in Federal custody during the most recently
concluded fiscal year. Information contained in the report,
with respect to such children, shall be categorized by--
(A) age;
(B) gender;
(C) country of nationality;
(D) length of time in custody;
(E) the department or agency with custody; and
(F) treatment as an unaccompanied alien child.
SEC. 402. UNACCOMPANIED REFUGEE CHILDREN.
(a) Identifying Unaccompanied Refugee Children.--Section
207(e) of the Immigration and Nationality Act (8 U.S.C.
1157(e)) is amended--
(1) by redesignating paragraphs (3), (4), (5), (6), and (7)
as paragraphs (4), (5), (6), (7), and (8), respectively; and
(2) by inserting after paragraph (2) the following:
``(3) An analysis of the worldwide situation faced by
unaccompanied refugee children, categorized by region, which
shall include an assessment of--
``(A) the number of unaccompanied refugee children;
``(B) the capacity of the Department of State to identify
such refugees;
``(C) the capacity of the international community to care
for and protect such refugees;
``(D) the capacity of the voluntary agency community to
resettle such refugees in the United States;
``(E) the degree to which the United States plans to
resettle such refugees in the United States in the following
fiscal year; and
``(F) the fate that will befall such unaccompanied refugee
children for whom resettlement in the United States is not
possible.''.
(b) Training on the Needs of Unaccompanied Refugee
Children.--Section 207(f)(2) of the Immigration and
Nationality Act (8 U.S.C. 1157(f)(2)) is amended--
(1) by striking ``and'' after ``countries,''; and
(2) by inserting ``, and instruction on the needs of
unaccompanied refugee children'' before the period at the
end.
SEC. 403. EXCEPTIONS FOR UNACCOMPANIED ALIEN CHILDREN IN
ASYLUM AND REFUGEE-LIKE CIRCUMSTANCES.
(a) Placement in Removal Proceedings.--Any unaccompanied
alien child apprehended by the Department, except for an
unaccompanied alien child subject to exceptions under
paragraph (1)(A) or (2) of section (101)(a), shall be placed
in removal proceedings under section 240 of the Immigration
and Nationality Act (8 U.S.C. 1229a).
(b) Exception From Time Limit for Filing Asylum
Application.--Section 208 of the Immigration and Nationality
Act (8 U.S.C. 1158(a)(2)) is amended--
(1) in subsection (a)(2), by adding at the end the
following:
``(E) Applicability.--Subparagraphs (A) and (B) shall not
apply to an unaccompanied alien child.''; and
(2) in subsection (b)(3), by adding at the end the
following:
``(C) Initial jurisdiction.--United States Citizenship and
Immigration Services shall have initial jurisdiction over any
asylum application filed by an unaccompanied alien child.''.
TITLE V--AMENDMENTS TO THE HOMELAND SECURITY ACT OF 2002
SEC. 501. ADDITIONAL RESPONSIBILITIES AND POWERS OF THE
OFFICE OF REFUGEE RESETTLEMENT WITH RESPECT TO
UNACCOMPANIED ALIEN CHILDREN.
(a) Additional Responsibilities of the Director.--Section
462(b)(1) of the Homeland Security Act of 2002 (6 U.S.C.
279(b)(1)) is amended--
(1) in subparagraph (K), by striking ``and'' at the end;
(2) in subparagraph (L), by striking the period at the end
and inserting ``, including regular follow-up visits to such
facilities, placements, and other entities, to assess the
continued suitability of such placements; and''; and
(3) by adding at the end the following:
``(M) ensuring minimum standards of care for all
unaccompanied alien children--
``(i) for whom detention is necessary; and
``(ii) who reside in settings that are alternative to
detention.''.
(b) Additional Authority of the Director.--Section 462(b)
of the Homeland Security Act of 2002 (6 U.S.C. 279(b)) is
amended by adding at the end the following:
``(4) Authority.--In carrying out the duties under
paragraph (3), the Director may--
``(A) contract with service providers to perform the
services described in sections 102, 103, 201, and 202 of the
Unaccompanied Alien Child Protection Act of 2007; and
``(B) compel compliance with the terms and conditions set
forth in section 103 of such Act, by--
``(i) declaring providers to be in breach and seek damages
for noncompliance;
``(ii) terminating the contracts of providers that are not
in compliance with such conditions; or
``(iii) reassigning any unaccompanied alien child to a
similar facility that is in compliance with such section.''.
SEC. 502. TECHNICAL CORRECTIONS.
Section 462(b) of the Homeland Security Act of 2002 (6
U.S.C. 279(b)), as amended by section 501, is further
amended--
(1) in paragraph (3), by striking ``paragraph (1)(G)'' and
inserting ``paragraph (1)''; and
(2) by adding at the end the following:
``(5) Rule of construction.--Nothing in paragraph (2)(B)
may be construed to require that a bond be posted for
unaccompanied alien children who are released to a qualified
sponsor.''.
SEC. 503. EFFECTIVE DATE.
The amendments made by this title shall take effect as if
included in the Homeland Security Act of 2002 (6 U.S.C. 101
et seq.).
TITLE VI--AUTHORIZATION OF APPROPRIATIONS
SEC. 601. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to
the Department, the Department of Justice, and the Department
of Health and Human Services, such sums as may be necessary
to carry out--
(1) the provisions of section 462 of the Homeland Security
Act of 2002 (6 U.S.C. 279); and
(2) the provisions of this Act.
(b) Availability of Funds.--Amounts appropriated pursuant
to subsection (a) shall remain available until expended.
______
By Mr. ISAKSON:
S. 846. A bill to amend the Longshore and Harbor Workers'
Compensation Act to improve the compensation system, and for other
purposes; to the Committee on Health, Education, Labor, and Pensions.
Mr. ISAKSON. Mr. President, today, I introduce the Longshore and
Harbor
[[Page S3011]]
Workers' Compensation Act Amendments of 2007. The Longshore Act
provides medical, physical rehabilitation and lost wage replacement
benefits to thousands of workers nationwide for work-related injuries,
illnesses and deaths. The Act is long overdue for attention from
Congress, and I am eager to engage with my colleagues from both sides
as to how we can improve the system for our workers, their employers,
taxpayers and our economy as a whole.
We all can agree that the workers covered under this program play a
key role in our national security and in our vital international trade.
Longshore and harbor workers labor on the piers of Portland, ME, in the
dead of winter, just as they toil in the hot Southern sun in Savannah,
GA. Their work is undoubtedly difficult and often dangerous. It is
impossible to underestimate the extent to which Americans rely on the
myriad of products these workers move in and out of our nations' ports.
Every year, over 15 billion tons of freight moves through our ports,
with a total value of $9 trillion.
These workers deserve a fair and effective workers' compensation
program. Since 1927, longshore and harbor workers have had a unique
program all their own. Congress enacted the Act in response to Southern
Pacific Company v. Jensen, a ruling by the Supreme Court in 1917. The
Court held that the Maritime Clause in the Constitution forbids states
from covering shore-based maritime workers who may become injured while
working on vessels anchored in navigable waters. Now, nearly 90 years
later, not only are private stevedoring companies covered by the Act,
but so are virtually all maritime construction folks, builders and
repairers of U.S. Naval and Coast Guard vessels, Federal contractors
with overseas employees, oil rig workers, and even civilian employees
at the Post Exchanges on U.S. military bases.
As many of us have learned if we ever spent time in our State
legislatures, States nationwide regularly amend their programs to
incorporate the most modern and best workers' compensation practices.
However, unlike these responsible state legislatures, Congress has not
addressed the Longshore Act in over two decades.
Since the last amendments to the Act, States from California to Rhode
Island have found numerous methods of improving their workers'
compensation programs, saving taxpayers' dollars, and eliminating
waste, fraud and abuse, while always ensuring that workers have
appropriate medical care. We must bring these State-level innovations
in workers' compensation to the Longshore Act system.
Technology, events, and even Congressional interventions have
continued to dramatically change our nations' seaports and shipyards.
Indeed, since 2002, per Congress's instruction, U.S. Customs has begun
locating so-called ``VACIS machines'' at U.S. terminals. These machines
are truck-mounted gamma ray imaging systems that produce radiographic
images of the contents of containers and other cargo to determine the
possible presence of many types of contraband. Eventually, EVERY port
in the country will have the machines on sight. Will maritime workers
be exposed to radiation? If so, will they file claims against their
employers when the machines are owned and operated by the Federal
Government?
The bill I introduce today will foster a sound and fair workers'
compensation system for maritime workers with a clear, exclusive remedy
for their workplace injuries and illnesses. It will guarantee fairness
for workers, and in the event of death, their survivors. It will make
our ports and shipbuilders more competitive. It will ensure fair
compensability, in that it will hold employers responsible for only
that which is caused by employment under the Longshore Act system. It
will fix, once and for all, the so-called ``Special Fund,'' an archaic
and problematic vestige of early 20th Century public policy.
In May 2006, I chaired a hearing of the Subcommittee on Employment
and Workplace Safety, at which we heard about many different problems
with the implementation of this 80-year-old Act. I have incorporated
suggestions from both sides in crafting the bill I introduce today.
Since I began dealing with this issue last year, I have talked with
more and more workers, port operators, and administrators from the Port
of Savannah in my home State of Georgia. Savannah is the Nation's
eleventh busiest waterborne freight gateway for international trade.
Every year, over $20 billion of international freight move through it
and its neighboring port of Brunswick. The folks I talk to at Savannah
and Brunswick tell me that they can't emphasize enough the importance
of revising the Longshore Act to make it more efficient.
I hope we can move on this bill, for the sake of taxpayers, for
workers in Savannah and Brunswick and at ports and ship building
facilities nationwide, and for the international commerce that is vital
to our Nation's economy and way of life.
____________________