[Congressional Record Volume 154, Number 95 (Tuesday, June 10, 2008)]
[Senate]
[Pages S5449-S5455]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




          STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS

      By Mr. LEAHY (for himself, Mr. Cornyn, Mr. Kohl, and Mr. 
        Whitehouse):
  S. 3106. A bill to amend chapter 13 of title 17, United States Code 
(relating to the vessel hull design protection), to clarify the 
definitions of a hull and a deck; to the Committee on the Judiciary.
  Mr. LEAHY. Mr. President, I am happy to join with Senators Cornyn, 
Kohl, and Whitehouse as we introduce the Vessel Hull Design Protection 
Act Amendments of 2008. An earlier version of this small but important 
piece of legislation was passed unanimously by both the Judiciary 
Committee and the full Senate last year. The updated version of the 
bill that we offer today reflects conversations we have had recently 
with the Navy and gives the Department of Defense full assurance that 
Government and defense designs will not be subject to unwarranted 
restrictions.
  Congress passed the Vessel Hull Design Protection Act in 1998 to 
recognize the significant time, effort, and innovation involved in ship 
design. Litigation under the bill, however, has made it clear that in 
order to be effective, this law needs to be clarified and refined. Our 
bill does exactly this, and no more, by clarifying the definition of 
``hull'' and ``deck.'' This ensures that the intellectual property 
rights of vessel hull designers will be protected. I hope the Senate 
will move quickly to pass this revised, bipartisan legislation.
  Mr. President, 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. 3106

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. VESSEL HULL DESIGN PROTECTION.

       (a) Short Title.--This section may be cited as the ``Vessel 
     Hull Design Protection Amendments of 2008''.
       (b) Designs Protected.--Section 1301(a) of title 17, United 
     States Code, is amended by striking paragraph (2) and 
     inserting the following:
       ``(2) Vessel features.--The design of a vessel hull, deck, 
     or combination of a hull and deck, including a plug or mold, 
     is subject to protection under this chapter, notwithstanding 
     section 1302(4).''.
       (c) Exceptions.--Section 1301(a) of title 17, United States 
     Code, is amended by adding at the end the following:
       ``(3) Exceptions.--Department of Defense rights in a 
     registered design under this chapter, including the right to 
     build to such registered design, shall be determined solely 
     by operation of section 2320 of title 10, the United States 
     Code, or by the instrument under which the design was 
     developed for the United States Government.''.
       (d) Definitions.--Section 1301(b) of title 17, United 
     States Code, is amended--
       (1) in paragraph (2), by striking ``vessel hull, including 
     a plug or mold,'' and inserting ``vessel hull or deck, 
     including a plug or mold,'';
       (2) by striking paragraph (4) and inserting the following:
       ``(4) A `hull' is the exterior frame or body of a vessel, 
     exclusive of the deck, superstructure, masts, sails, yards, 
     rigging, hardware, fixtures, and other attachments.''; and
       (3) by adding at the end the following:
       ``(7) A `deck' is the horizontal surface of a vessel that 
     covers the hull, including exterior cabin and cockpit 
     surfaces, and exclusive of masts, sails, yards, rigging, 
     hardware, fixtures, and other attachments.''.
                                 ______
                                 
      By Mr. BINGAMAN (for himself and Mr. Hatch):
  S. 3107. A bill to require the payment of compensation to members of 
the Armed Forces and civilian employees of the United States who were 
forced to perform slave labor by the Imperial Government of Japan or by 
corporations of Japan during World War II, or the surviving spouses of 
such members, and for other purposes; to the Committee on Finance.
  Mr. BINGAMAN. Mr. President, I rise today with my colleague Senator 
Hatch to introduce legislation to acknowledge the heroic contributions 
of American ex-prisoners of war who were forced into slave labor by the 
Imperial Government of Japan during the Second World War. The bill 
would award a one-time compensation of $20,000 to each surviving 
veteran, government employee, or government contractor who was 
imprisoned by the Japanese during World War II and forced to perform 
slave labor to support Japan's war effort. The bill would also extend 
that compensation to surviving spouses of such veterans or employees. 
While this compensation is only a small token of our Nation's 
gratitude, it is my hope that it serves as recognition of the vital 
military contributions and sacrifices made by these individuals, 
particularly as those Americans who sacrificed so much approach their 
final years.
  From December 1941 to April 1942, American military forces stationed 
in the Philippines fought valiantly for almost 6 months against 
overwhelming Japanese military forces on the Bataan peninsula. As a 
result of that prolonged conflict, U.S. forces prevented Japan from 
achieving its strategic objective of capturing Australia and thereby 
dooming Allied hopes in the Pacific theater from the outset of the war.
  Once captured by the Japanese, American prisoners of war in the 
Philippines endured the infamous ``Death March'' during which 
approximately 730 Americans died en route to the notorious Japanese 
prison camp north of Manila. Of the survivors of the March, more than 
5,000 more Americans perished during the first 6 months of captivity. 
The Japanese forced many of those who survived captivity to embark on 
``hell ships''--unmarked merchant ships--to be transported to Japan to 
work as slave laborers in company-owned mines, shipyards, and 
factories. Tragically, many of our own men perished in those unmarked 
vessels, victims of attacks by American military aircraft and 
submarines who were unaware that American POWs were aboard those ships. 
The stories of other American military and civilian employees captured 
by the Japanese at Wake Island, Java, Manchuria, Taiwan, and other 
locations in the Pacific and

[[Page S5450]]

enslaved to support the war effort are equally compelling.
  The heroic performance of our soldiers at Bataan and during 
incarceration in POW camps earned them well-deserved citations 
following the war. For example, the 200th and 515th Coastal Artillery 
units from New Mexico that served to defend the retreating troops at 
Bataan received three Presidential Unit Citations and the Philippine 
Presidential Unit Citation for their heroism. New Mexico is 
particularly proud of these men whose heroism I seek to salute through 
this legislation today.
  Sadly, the Americans who were enslaved by Japan have never been 
adequately compensated for the excruciating sacrifices they made while 
in Japanese military and company prisons and labor camps. In the War 
Claims Acts of 1948 and 1952, our Government paid former U.S. prisoners 
of war $1.00 per day for ``missed meals'' during their captivity, and 
later, $1.50 per day for ``forced labor, pain, and suffering.'' Even 
those paltry compensations were not widely known about or received by 
all veterans who qualified for them. In addition, efforts to obtain 
appropriate compensation from the Government of Japan, or from Japanese 
companies through litigation, have been unsuccessful and are not likely 
to succeed in a timely enough manner to compensate surviving veterans 
or others who would be eligible.
  Other Allied nations have already set international precedent to 
honor their enslaved veterans. Allied governments, including Canada, 
New Zealand, Australia, Norway, the Netherlands, and the United Kingdom 
have authorized compensation gratuities. For example, in 1998, the 
Canadian Government authorized the payment of $15,600, Canadian 
dollars, to veterans who were captured in Hong Kong and enslaved by the 
Japanese. And in 2000, Prime Minister Tony Blair announced a multi-
million pound compensation fund for former enslaved Japanese prisoners 
of war in recognition of their heroic experiences. It is long overdue 
for our own Nation to provide similar compensation to those who gave so 
much to defend and preserve our freedom.
  Approximately 10 years have passed since I began advocating for 
passage of this type of compensation, and in that time, many of these 
brave heroes who deserve recognition have already passed away. 
Fortunately, Congress still has time to honor those individuals who are 
alive today to share their courageous and heartrending stories. For 
this reason, I believe the Congress should avoid any further delay and 
act as soon as possible to enact this important legislation. I thank 
Senator Hatch for agreeing to cosponsor this legislation, and I urge my 
fellow Senators to support it.
                                 ______
                                 
      By Mr. KERRY (for himself, Mrs. Dole, and Mr. Kohl):
  S. 3108. A bill to require the President to call a White House 
Conference on Food and Nutrition; to the Committee on Agriculture, 
Nutrition, and Forestry.
  Mrs. DOLE. Mr. President, in 2003, I made my maiden floor speech on 
hunger issues and how we as a Nation can tackle them. I have continued 
my strongest efforts to raise awareness that 1 in 10 U.S. households is 
affected by hunger and to advance legislation and programs that aid the 
hungry.
  Today is Hunger Awareness Day, and as I have in years past, I welcome 
the opportunity to speak about the food insecurity problems that 
persist throughout this country and the world. Most importantly, I come 
to offer ideas and invigorate the discussion about solutions.
  With food and energy prices on the rise, we must be particularly 
cognizant of the hungry. Not only do hard economic times generate a 
greater need for food assistance, but the very agencies and 
organizations that provide assistance are trying to meet growing 
demands while food and gas grow more expensive.
  In the past few months, I have read numerous stories in North 
Carolina newspapers about soup kitchens and food banks struggling to 
serve all those in need and even schools strapped for cash to pay for 
their lunch programs.
  For example, last weekend, the Asheville Citizen-Times ran a letter 
to the editor from MANNA FoodBank which said:

       In 2006, we estimated that 115,500 different North 
     Carolinians sought emergency food aid from MANNA partner 
     agencies in a single year--one in six of our neighbors. 
     However, that data has rapidly become outdated by shifting 
     economic tides. Surging energy and food prices combined with 
     stagnant economic growth have dramatically increased the 
     ranks of those seeking help from food banks.

  In the May 29, 2008 Raleigh News & Observer, David Reese, the chief 
operating officer for food recovery and distribution at the Inter-Faith 
Food Shuttle, is quoted as saying:

       A lot of people don't realize or don't take into account 
     the dramatic effect that high fuel prices have, that trickle-
     down effect. . . . It doesn't only affect the regular 
     consumer who is driving to the store. It also affects the 
     distributor, also affects the retailer and then the end 
     result, it affects us as a food-rescue organization.

  Unfortunately, we know too well high food prices and hunger problems 
are not unique to North Carolina or even just to the United States. 
Indeed, as food prices continue to soar, the impacts are felt around 
the globe, especially among the poor in developing nations. The 
increase in food costs has led to international shortfalls of food 
supplies, resulting in food riots and civil unrest in many regions. In 
fact, the World Bank recently estimated that more than 100 million 
people are being pushed into poverty as a result of the escalation of 
food prices.
  Congress needs to take action to ensure that policies are helping, 
not hurting, global food supply. For example, I believe we must 
reconsider mandating the use of certain biofuels which is, in part, why 
food prices are escalating. Last month, I joined several of my 
colleagues in introducing legislation to freeze the corn-based ethanol 
mandate at this year's level, preventing the Environmental Protection 
Agency from increasing the corn-based ethanol mandate included in the 
Energy Act of 2007 to the mandated 15 billion gallons. Instead, my 
legislation maintains the current level at 9 billion gallons.
  During consideration of the 2007 Energy bill, I tried to include a 
safeguard in the renewable fuel standard which would have helped 
prevent a situation such as we face today. Mandates have led to more 
than 25 percent of America's corn crop being diverted to make fuel. In 
the last 2 years, the price of corn has nearly tripled, thereby 
resulting in feed price increases that impact the cost of items such as 
milk, eggs, and meat. According to the Bureau of Labor Statistics, food 
inflation rose by 4.9 percent last year, and studies suggest the cost 
of food will continue to escalate over the next few years.
  While we continue to push for efforts to address rising food prices, 
we can celebrate some hard-fought victories in the recently passed farm 
bill that will support healthy foods in schools and health food banks, 
community kitchens, and other organizations that feed the hungry. For 
instance, I am pleased the farm bill's nutrition title expands the 
Fresh Fruit and Vegetable Program to all 50 States. In North Carolina, 
nearly 1.4 million children are enrolled in this program, which helps 
schools purchase locally farmed fruits and vegetables to provide 
healthy meals and fight childhood obesity. The bill also includes $1.25 
billion for commodity purchases for food banks, including $50 million 
for 2008 to immediately address shortages at these organizations.
  The farm bill also implements the Food Employment Empowerment and 
Development Program, the FEED Program, which I worked on with my 
colleagues Senators Frank Lautenberg and Blanche Lincoln. This program 
helps fight hunger by combining food rescue with job training and, 
thus, teaching unemployed and homeless adults the skills needed to work 
in the food service industry. It is a wonderful program.
  Around the corner from the U.S. Capitol, students are hard at work in 
the DC Central Kitchen's culinary job-training class. Earlier today, I 
visited the kitchen which has a model FEED-type program that began in 
1990. It is always a privilege to visit the kitchen and meet with 
individuals who faced adversity but who are now on track for a career 
in the food service industry. I look forward to the FEED Act supporting 
numerous similar programs, such as the Community Culinary School in 
Charlotte, NC, and others around the Nation.

[[Page S5451]]

  In my ongoing efforts to stamp out hunger, today I am joining my 
colleague, Senator John Kerry, to introduce legislation requiring a 
White House Conference on Food, Nutrition, and Health to be held by the 
end of 2010. It has been nearly 40 years since the first and only White 
House summit reviewed national nutrition policy. I actually helped 
organize that conference while working for the White House Office of 
Consumer Affairs.
  Positive developments and effective policies came out of those 
discussions. With more than 35 million Americans today facing food 
insecurity issues, it is high time we make ending hunger and improving 
health and nutrition national priorities. I encourage my colleagues to 
sign on to my bill.

  This week, I also plan to offer an amendment to the tax extenders 
bill that addresses four tax issues which will encourage food donations 
and volunteering to help the hungry. This package was included in the 
Senate-passed farm bill but, unfortunately, was removed in conference. 
It will extend for 2 years a provision from the Pension Protection Act 
that allows any taxpayer to claim an enhanced deduction for donations 
of food. It allows restaurants to qualify for this deduction. It 
simplifies the rules that allow farmers and ranchers to take advantage 
of this deduction for donating their products. And it allows volunteers 
to receive a tax deduction for mileage incurred while transporting food 
donations.
  Along these lines, I also have a bill that will provide a tax credit 
for the cost of transporting food to assist the hunger relief efforts 
of charitable organizations. The hunger relief trucking tax credit will 
benefit groups such as the Society of St. Andrew, which helps recover 
food for the needy. The society is very active in the area of gleaning, 
Mr. President, where excess crops that would otherwise be thrown out 
are taken from farms, packinghouses, and warehouses, and distributed to 
the needy. Each year in this country, 696 billion pounds of good, 
nutritious food is left over or thrown away. Gleaning helps eliminate 
this waste. It helps the farmer because he doesn't have to haul off or 
plow under crops that don't meet exact specifications of grocery 
chains, and it helps the hungry by giving them nutritious fresh foods. 
It has been a joy to glean fields in North Carolina with the society's 
dedicated volunteers.
  In addition to working closely with the Society of St. Andrew, I have 
been fortunate to meet with a number of organizations that are doing 
tremendous work to combat hunger in North Carolina--from our food banks 
to Meals on Wheels and others. These organizations rely on dedicated 
staff and volunteers who truly live by the ideal of helping others in 
their time of need.
  Before I close, let me share an experience I had as president of the 
American Red Cross. I visited Somalia during the heart-wrenching 
famine. In Baidoa, I came across a little boy lying under a gunnysack, 
and I thought he was dead. His brother pulled back that gunnysack and 
sat his little brother up, and I could see that he was severely 
malnourished. There was no way that he could eat the rice and beans 
that were in a bowl there beside him, and so I asked for camel's milk 
to feed him. And as I put my arm around that little boy to lift that 
cup to his mouth, it was incredible, the feeling of the little bones 
almost piercing through his flesh. It is something I will never forget. 
That is when the horror of starvation becomes real, when you can touch 
it.
  Since I encountered that little boy in Somalia so many years ago, I 
have been determined to do everything in my power to fight hunger, not 
just at home but also internationally. For example, I have been proud 
to work with Senator Dick Durbin in promoting the McGovern-Dole 
International Food for Education and Child Nutrition Program. It has 
reduced hunger among school-aged children and improved literacy and 
primary education enrollment in areas where conflict, hunger, poverty, 
and HIV/AIDS are prevalent.
  While tackling hunger beyond our borders is a greater challenge, in 
the United States, the land of plenty, no American--no American--should 
wake up wondering whether he or she will have enough to eat today. I 
firmly believe with dedicated organizations, caring citizens, and a 
focused government working together, ending hunger in America is 
certainly a victory within reach.
                                 ______
                                 
      By Mr. THUNE (for himself, Mr. Cardin, and Mr. Lautenberg):
  S. 3109. A bill to amend the Solid Waste Disposal Act to direct the 
Administrator of the Environmental Protection Agency to establish a 
hazardous waste electronic manifest system; to the Committee on 
Environment and Public Works.
  Mr. THUNE. Mr. President, I rise today to introduce a bipartisan bill 
that seeks to update the way in which the Federal Government tracks the 
shipment of hazardous waste. I am pleased that Senators Cardin and 
Lautenberg have joined me in introducing this bill, which builds upon 
the bipartisan legislation I introduced last Congress with Senator 
Jeffords and Senator Inhofe when I served as chairman of the 
Environment and Public Works Subcommittee on Superfund and Waste 
Management.
  Simply put, our legislation would direct the Environmental Protection 
Agency to begin a much needed transformation of the tracking of 
hazardous wastes. While the Resource Conservation and Recovery Act, 
RCRA, that Congress passed in 1976 has done a great deal to protect 
human health and the environment, the paper manifest process that is 
used to track federally-regulated hazardous wastes from ``cradle to 
grave'' has turned into the single largest continuous paperwork burden 
imposed on regulated entities under Federal environmental law.
  On an annual basis, roughly 139,000 regulated entities track anywhere 
between 2.5-5 million hazardous waste manifests. This paperwork burden 
has been estimated to cost states and the regulated community between 
$200 million and $500 million annually. This is largely due to the fact 
that each paper manifest is comprised of numerous carbon copies that 
must be signed, mailed to waste generators and State agencies--and then 
ultimately stored by each regulated entity. To underscore just how 
cumbersome this paper manifest is, the Environmental Protection Agency 
has noted that roughly 22 States don't even keep copies because it 
represents too large of a paperwork burden.
  The benefits of using electronic manifests are numerous and each of 
the witnesses who testified at the EPW Subcommittee hearing that I 
chaired on September 26, 2006 spoke to the benefits it would have--both 
in terms of improving federal oversight of hazardous waste transport 
and lessening the paperwork burden on regulated entities.
  I would like to stress that this legislation builds upon the measure 
I introduced last Congress and incorporates a handful of changes made 
at the request of various stakeholders, including Senator Boxer who now 
chairs the EPW Committee.
  Because of the broad support that this measure enjoys, I look forward 
to the long awaited mark-up of this bill before the EPW Committee. I 
would like to thank both Senator Cardin and Senator Lautenberg for 
their support as we work to improve the arcane system currently 
utilized to track hazardous waste shipments. Transitioning to an 
electronic system is long overdue and this legislation would be paid 
for by the users of the system--the generators and waste companies that 
handle hazardous waste.
  In closing I would like to highlight just one of the statements of 
support I received for the legislation that I began working on over 2 
years ago. The following statement of support came from Terrence Gray, 
President of the Association of State and Territorial Solid Waste 
Management Officials, who noted:

       It is appropriate, many would say overdue, in the 21st 
     Century economy to have the capability of using electronic 
     reporting for such a tracking system, and we are supportive 
     of your efforts to initiate this process. It is our 
     understanding that [this bill] is the necessary first step in 
     designating the detailed system for electronic manifesting, 
     and for that reason we think it should go forward.

  I trust that my colleagues will recognize the benefits of setting up 
an electronic manifest system as is envisioned under the Thune-Cardin 
bill we have introduced today.
  Mr. CARDIN. Mr. President, I join the Senator from South Dakota, Mr.

[[Page S5452]]

Thune, in cosponsoring a bill to modernize the tracking of hazardous 
waste. The Federal waste law requires the tracking of hazardous waste 
from ``cradle to grave.'' This tracking system is designed to provide 
an enforceable chain of custody for hazardous wastes. The law provides 
a strong incentive for transporters to manage the waste in a 
responsible fashion. The U.S. Environmental Protection Agency's 
economic analysis estimates that over 139,000 regulated entities track 
between 2.4 and 5.1 million shipments a year.
  This system provides for appropriate stewardship of the hazardous 
waste products of our modem world. Unfortunately, the tracking system 
itself is in serious need of modernization.
  Currently, the tracking is handled entirely through a paper manifest 
system. The paperwork burden is enormous. Each manifest form has 7 or 8 
copies, which currently must be manually filled out and signed with pen 
and ink signatures, physically carried with waste shipments, mailed to 
generators and state agencies, and finally stored among facility 
records.
  The paperwork burden is so great that 22 States and the EPA do not 
even collect copies of the forms. Those that do so get their copies 
months after the waste has been shipped. In the vast majority of cases, 
the only time regulators look at the manifests is during inspections or 
after a disaster to identify the responsible parties.
  Under the Thune-Cardin bill, the paper manifest will be replaced by 
an electronic manifest. The bill sets up a funding system for the 
manifest paid for by the users of the system, the generators, and waste 
companies that handle hazardous waste.
  An e-manifest system would remove a tremendous paperwork burden, 
assist the States in receiving data more readily in a format they can 
use, improve the public's access to waste shipment information and save 
over $100 million every year. First responders could get data in real-
time. That is why groups as varied as Dow Chemical, Sierra Club and the 
Association of State, Territorial, Solid Waste Management Officials 
support this bill.
  EPA does not have the funding to set up this system, so the bill uses 
a unique way to contract for the work. Companies will ``bid'' to set up 
the system at their cost and risk. They will be paid back on a per 
manifest basis by the users, waste generators, and handlers. This puts 
the burden on the private company or companies to meet the needs of the 
users of the system. The legislation is needed so that the funds 
collected go to the operation of the program rather than go to the 
general treasury.
  A hearing was held on this issue in 2006 on a similar bill, S. 3871 
introduced by Senators Thune, Jeffords, and Inhofe. No serious 
objections were made at that time and strong support was expressed by 
all the witnesses including EPA.
  This is legislation that is overdue. I ask Members to join us in 
supporting this legislation which has garnered the backing of industry, 
States, and environmental groups. It is time for the waste manifest 
system to move into the 21st Century.
                                 ______
                                 
      By Mrs. FEINSTEIN:
  S. 3110. A bill for the relief of Ruben Mkoian, Asmik Karapetian, and 
Arthur Mkoyan; to the Committee on the Judiciary.
  Mrs. FEINSTEIN. Mr. President, today I am introducing a private 
relief bill on behalf of Ruben Mkoian, his wife, Asmik Karapetian and 
their son, Arthur Mkoyan. The Mkoian family are Armenian nationals who 
have been living and working in Fresno, California for over a decade.
  The story of the Mkoian family is compelling and I believe they merit 
Congress' special consideration for such an extraordinary form of 
relief as a private bill.
  Let me first start with how the Mkoian family arrived in the United 
States. While in Armenia, Mr. Mkoian worked as a police sergeant at in 
a division dealing with vehicle licensing. As a result of his position, 
he was offered a bribe to register 20 stolen vehicles.
  He refused the bribe and reported the incident to the police chief. 
He later learned that his co-worker had registered the vehicles at the 
request of the chief.
  After he reported the offense, Mr. Mkoian's supervisor informed him 
that the department was to undergo an inspection. Mr. Mkoian was 
instructed to take a vacation during this time period. Mr. Mkoian 
believed that the inspection was a result of the complaint that he had 
filed with the higher authorities.
  During the inspection, however, Mr. Mkoian worked at a store that he 
owned rather than taking a vacation. During that time, individuals kept 
entering his store and attempted to damage it and break merchandise. 
When he threatened to call the police, he received threatening phone 
calls telling him to ``shut up'' or else he would ``regret it.'' Mr. 
Mkoian believed that these threats were related to the illegal vehicle 
registrations occurring in his department because he had nothing else 
to be silent about.
  Later that same month, three men grabbed his wife and attempted to 
kidnap his child, Arthur, on the street. Mrs. Mkoian was told that her 
husband should ``shut up.'' No one suffered any injuries from the 
incident. In October 1991, a bottle of gasoline was thrown into the 
Mkoian's residence and their house was burned down. The final incident 
occurred on April 1, 1992, when four or five men assaulted Mr. Mkoian 
in his store. He was beaten and hospitalized for 22 days.
  Following that experience, Mr. Mkoian left Armenia for Russia, and 
then came to the United States on a visitor's visa in search of a 
better life. Two years later he brought his wife Asmik and his then 3-
year old son Arthur to the United States, also on visitor's visas. The 
family applied for political asylum, but the 9th Circuit Court of 
Appeals denied their request in January 2008. Thus, the family has no 
further legal recourse by which to remain in the country other than 
this bill.
  Since arriving in the United States, the family has thrived. Arthur 
is now 17 years old and the family has expanded to include Arsen, who 
is a U.S. citizen.
  Both Arthur and Arsen are very special children. What is noteworthy 
about Arthur, is that out of the 562 students graduating from Bullard 
High School he is one of three valedictorians for the Class of 2008. 
Today is his graduation day. He has long dreamed of attending the 
University of California, Davis. He was accepted this past Spring and 
plans to complete a degree in chemistry. In addition to maintaining a 
4.0 grade point average and taking a rigorous academic course load, 
Arthur also finds the time to volunteer at the St. Agnes Medical Center 
emergency room.
  Arsen is following in his older brother's footsteps. At age 12, he 
stands out among his peers at Kratt Elementary School and has been 
invited to apply to the magnet Computech Middle School next year.
  In addition to raising two outstanding children, Mr. and Mrs. Mkoian 
have maintained steady jobs and have devoted time and energy to the 
community and their church. Mr. Mkoian has been employed for years at 
G.A.C. Trucking in Glendale, California. According to his supervisor, 
he is one of their best employees, having earned a reputation for 
trustworthiness and skill.
  His wife, Asmik, has also been working part-time for 4 years at 
Gottshalks department store. In addition, she has taken classes at 
Fresno Community College and has completed their Medical Assistant 
Program.
  The family are active members of the St. Paul Armenian Church, and 
Mr. Mkoian is a member of the PTA of the St. Paul Armenian Saturday 
School.
  There has been an outpouring of support for this family from their 
church, the schools their children attend, and the community at large.
  To date, we have received over 200 letters of support for the family 
in addition to numerous telephone calls. I also note that I have 
letters from both Congressman George Radanovich and Jim Costa, 
requesting that I offer this bill for the Mkoian family.
  I truly believe that this case warrants our compassion and our 
extraordinary consideration.
  I ask my colleagues to support this private bill.
  Mr. President, I ask unanimous consent that the text of the bill and 
letters of support be printed in the Record.

[[Page S5453]]

  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                                S. 3110

       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 RUBEN MKOIAN, ASMIK 
                   KARAPETIAN, AND ARTHUR MKOYAN.

       (a) In General.--Notwithstanding subsections (a) and (b) of 
     section 201 of the Immigration and Nationality Act (8 U.S.C. 
     1151), Ruben Mkoian, Asmik Karapetian, and Arthur Mkoyan 
     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 such 
     Act or for adjustment of status to lawful permanent resident.
       (b) Adjustment of Status.--If Ruben Mkoian, Asmik 
     Karapetian, and Arthur Mkoyan enters the United States before 
     the filing deadline specified in subsection (c), Ruben 
     Mkoian, Asmik Karapetian, and Arthur Mkoyan shall be 
     considered to have entered and remained lawfully in the 
     United States and shall be eligible for adjustment of status 
     under section 245 of the Immigration and Nationality Act (8 
     U.S.C. 1255) as of the date of the enactment of this Act.
       (c) Deadline for Application and Payment of Fees.--
     Subsections (a) and (b) shall apply only if the application 
     for the issuance of an immigrant visa or the application for 
     adjustment of status is filed, with appropriate fees, not 
     later than 2 years after the date of the enactment of this 
     Act.
       (d) Reduction of Immigrant Visa Numbers.--Upon granting an 
     immigrant visa or permanent residence to Ruben Mkoian, Asmik 
     Karapetian, and Arthur Mkoyan, the Secretary of State shall 
     instruct the proper officer to reduce by 3, during the 
     current or next following fiscal year, the total number of 
     immigrant visas that are made available to natives of the 
     country of birth of Ruben Mkoian, Asmik Karapetian, and 
     Arthur Mkoyan 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 birth of Ruben Mkoian, Asmik Karapetian, and 
     Arthur Mkoyan under section 202(e) of such Act.
                                  ____



                                     House of Representatives,

                                     Washington, DC, June 5, 2008.
     Hon. Dianne Feinstein,
     U.S. Senate, Senate Hart Building, Washington, DC.
       Dear Senator Feinstein: It was a pleasure speaking with you 
     today regarding the pending June 20 deportation of Arthur 
     Mkoyan and his family. I appreciate you taking the time to 
     discuss this issue with me.
       From the limited details I have been provided, it appears 
     there is no feasible judicial remedy that would allow Mr. 
     Mkoyan to remain in the United States. Therefore, from what 
     my office has determined, the only immediate solution 
     requires Senate introduced private immigration legislation. 
     As you know, doing so can result in a stay of deportation for 
     the subject of the legislation.
       Based on the information my office is currently privy to, 
     Mr. Mkoyan's case appears to be one that would merit 
     introduction of this type of legislation. Although this is 
     very unlikely to be effective in the House, previous 
     legislation of this nature has been successful in the Senate.
       I am aware that you have been willing in the past to 
     sponsor bills for this purpose. To that end, I stand ready to 
     lend my support if after a thorough review of Mr. Mkoyan's 
     previous case history, you find such legislation appropriate.
       I will continue to review the situation as it progresses 
     and look forward to working with you in our efforts to help 
     Mr. Mkoyan and his family. Thank you for your prompt 
     attention to this matter.
           Sincerely,
                                                George Radanovich,
     Member of Congress.
                                  ____

                                    Congress of the United States,


                                     House of Representatives,

                                     Washington, DC, June 6, 2008.
     Hon. Dianne Feinstein,
     Hart Senate Office Building,
     Washington, DC.
       Dear Senator Feinstein: As you are well aware, Mr. Arthur 
     Mkoyan and his family are facing pending deportation back to 
     Armenia. From the limited details I have been provided, it 
     appears that there is no existing judicial remedy which would 
     allow Mr. Mkoyan to remain in the United States. Unless any 
     further steps are taken, Mr. Mkoyan and his mother will be 
     deported to Armenia.
       Please know as this issue moves forward I am ready to 
     support you where I can, and work with you to assist Mr. 
     Mkoyan and his family.
       Thank you for your attention to this important matter.
           Sincerely,
                                                        Jim Costa,
     Member of Congress.
                                  ____



                                              G.A.C. Trucking,

                                       Glendale, CA, June 2, 2008.
       I, Ashot Gharibyan, the owner of GAC Trucking do hereby 
     certify that Ruben Mkoian was one of my best employees. After 
     his leave my business slowed down because I could not find 
     any other driver as trustworthy and knowledgeable in his work 
     as Ruben Mkoian. He knows his job and has never given me any 
     problems. I still need him to improve my business without him 
     it will be impossible to put my business back to normal.
       Your attention to this matter is greatly appreciated.
                                                  Ashot Gharibyan,
     President.
                                  ____

       Dear Senator Feinstein: On behalf of my son Arthur Mkoyan, 
     2008 Valedictorian of Fresno's magnet Bullard High School, I 
     write to explain why our family should be allowed to stay in 
     the United States. Time is of the essence as our deportation 
     is imminent, and Arthur has been accepted to begin UC Davis 
     this fall.
       My husband Ruben Mkoian came to the United States in 1992 
     and applied for political asylum. After two years I came with 
     Arthur, and we became part of Ruben's case. After seven years 
     Ruben was granted an interview with an immigration officer, 
     but was denied. As the law allows, we appealed our case in an 
     immigration court. Our case was denied again, but believing 
     in our situation, we appealed to the Ninth Circuit. 
     Unfortunately, this effort failed last March.
       We entered this country legally, and worked hard from the 
     first day. None of us have any criminal record. We respect 
     the laws, pay taxes, and admire America deeply. It is in this 
     context of civic respect that our sons were raised, and in 
     which we appeal to you for support. Each of the four of us is 
     valuable to the United States. In addition to his academic 
     achievements, my son Arthur serves as an emergency room 
     volunteer at Saint Agnes Medical Center in Fresno. My younger 
     son Arsen, who was born in America, is a standout performer 
     at Kratt Elementary School, earning an invitation to apply to 
     the magnet Computech Middle School. I am proud to have put 
     myself through Fresno City Community College, completing the 
     Medical Assisting program. And my husband Ruben was so 
     valuable at his place of employment that the owner, suffering 
     a revenue loss due to Ruben's detention, writes in the 
     attached letter that Ruben's return is economically 
     necessary.
       I implore you to introduce into the United States Senate a 
     Private Bill that would halt our deportation. Our Immigration 
     and Customs Enforcement case number is A70-783-979. As a 
     mother, wife, and woman, I beg you to enable our sons to 
     fulfill their gift of intellect in the California they love, 
     and to enable our family to meaningfully contribute to the 
     America to which we so sincerely yearn to belong.
           Yours most truly,
     Asmik Karapetian,
       Mother.
     Arthur Mkoyan,
       age 17.
     Arsen Mkoian,
       age 12.
                                  ____



                                          Bullard High School,

                                         Fresno, CA, May 27, 2008.
     Senator Dianne Feinstein,
     Tulare,
     Fresno, CA.
       Dear Senator Feinstein: Artur Mkoyan has asked me to write 
     a letter of reference, related to a problem with his and his 
     family's immigration status.
       Artur has been my student at Bullard High School for two 
     years, last year in Honors Chemistry and this year in 
     Advanced Placement Chemistry. He is a fine student, achieving 
     A and B grades in my classes and maintaining a 3.50 GPA 
     overall, including five Advanced Placement classes. I have 
     found him to be a consistent and reliable student, willingly 
     attending the weekly evening lab sessions and conscientious 
     about getting all of his work done. I have complete 
     confidence in his integrity.
       I think he found it difficult to ask me for this letter, 
     because he and his family seem very proud and self-
     sufficient. I know he will be successful at college next year 
     and will be an asset to the community when he finishes his 
     education. If I can supply any further information, please do 
     not hesitate to contact me. I am including both my school and 
     home contact information, as the school year is drawing to a 
     close.
           Sincerely,
                                                Christine Lindley,
     Science Department.
                                  ____



                                          Bullard High School,

                                         Fresno, CA, May 29, 2008.
     Senator Dianne Feinstein,
     Tulare St.,
     Tulare, CA.
       Dear Senator Feinstein: I am writing this letter for Artur 
     Mkoyan--who has been my student for two years. He is a bright 
     young man with potential for an incredible future.
       Artur was in my sophomore GATE English class, performing 
     well and contributing the learning environment. As an 
     Advanced Placement student, he continued to work hard and 
     excel. It was always interesting to read his writing and to 
     watch his literary performances. He continues to visit me 
     during this--his senior year. I know that he has high hopes 
     for a college education--the American Dream--In the United 
     States.
       I know that Artie was an immigrant--however, I did not know 
     of his family's troubles until recently. Apparently, they 
     have lived and worked In the San Joaquin valley for fourteen 
     years. He told me that their citizenship application was 
     denied, and that the entire family may be deported.

[[Page S5454]]

       I was asked to write this letter to see if you could 
     intervene. I have the utmost respect for you as a politician, 
     as I have been an avid Democrat and a liberal and liberated 
     woman for many years. I hope that you can help this family in 
     their time of need. Thank you for your time and for your 
     consideration.
           Most sincerely,
                                                  Myrl W. Johnson,
     English.
                                  ____

                                                 Armenian-American


                                             Citizens' League,

                                         Fresno, CA, June 6, 2008.
     Senator Dianne Feinstein,
     One Post Street,
     San Francisco, CA.
       Dear Senator Feinstein, Last evening, 5 June, the Fresno 
     Chapter of the Armenian-American Citizens' League held its 
     monthly meeting. During the course of business, the Arthur 
     Mkoyan situation was brought up.
       By unanimous decision, the members wished to contact you 
     and to request your attention to this situation.
       However, when I returned home and turned on the late news, 
     the report was that you have already intervened in this 
     situation.
       I am certain that our members who have also heard this news 
     by now are very grateful and relieved.
       The purpose of this letter now is changing from request to 
     intervene to appreciative thanks for your action.
       Our League was established in the 1930's to help immigrant 
     Armenians. Even though our goal is still that and we have 
     come a long way, we still remain vigilant.
       Thank you for your action. We will be eagerly awaiting the 
     final disposition--hopefully, a positive one.
       Please contact us if there is anything else that we can do 
     to help the cause.
           Verily,
                                               Ms. Penny Mirigian,
     Secretary.
                                  ____

                                             Holy Trinity Armenian


                                             Apostolic Church,

                                         Fresno, CA, June 5, 2008.
     Senator Dianne Feinstein,
     Hart Building,
     Washington, DC.
       Dear Senator Feinstein: I am writing on behalf of Mr. 
     Arthur Mkoyan. As you know Mr. Mkoyan and his family have a 
     deportation judgment which is due end of June 2008. Arthur 
     Mkoyan was two years old when his family came to this great 
     country seeking freedom and justice and they have worked hard 
     to achieve the American Dream.
       Arthur will be graduating on Tuesday June 10 from Bullard 
     High as a Valedictorian. He is hard working, honest and we 
     should be proud of him because he is a great asset to our 
     country. Arthur has already been accepted to begin his 
     College education at UC Davis next Fall with Chemistry as his 
     major.
       Dear Senator Feinstein I urge you to intervene and 
     introduce the Private Bill this week so that our country 
     doesn't loose a brilliant future scientist.
       Thank you for your consideration may God bless you for your 
     services to our Nation. GOD BLESS AMERICA.
           Prayerfully,
                                              Fr. Vahan Gosdanian,
     Pastor.
                                  ____



                                     St. Paul Armenian Church,

                                         Fresno, CA, May 29, 2008.
       To Whom It May Concern: I am writing in support of Ruben 
     Gabriel Mkoyan. Mr. Mkoyan was born in Yerevan, Armenia on 
     December 14, 1961 and resettled in Fresno, CA in 1992 with 
     his family: his wife Asmik (nee Karapetian), and children 
     Arthur (b. October 17, 1990 in Yerevan, Armenia) and Arsen 
     (B. March 13, 1996 in Fresno, CA). The Mkoyan Family is very 
     active in the Armenian community of Fresno, and valuable 
     members of the St. Paul parish. They are much loved and 
     respected by everyone in the community.
       Mr. Mkoyan has worked very hard to provide for his family 
     and is a model citizen with his work ethic and active 
     participation in the life of the community. He has served on 
     the PTA of St. Paul Armenian Saturday School and has 
     contributed his time and means in the service of others.
       I am saddened to hear that after all these years his status 
     in the United States is in jeopardy. As his pastor and as a 
     person who knows the family I stand in support of Mr. Ruben 
     Mkoyan and his family to establish legal permanent residency 
     in the United States.
           Sincerely,
     (The Rev. Fr.) Arshen Aivazian.
                                  ____



                               Fresno Unified School District,

                                          Fresno, CA, May 5, 2008.
     Dianne Feinstein,
     U.S. Senator,
     One Post Street, San Francisco, CA.
       Dear Senator Feinstein, This letter is written on behalf of 
     Arsen Mkoian, a gifted sixth grade student at Kratt 
     elementary School in Fresno, California. Arsen and his family 
     are scheduled to be deported in approximately three weeks 
     from the United States unless a private bill is introduced in 
     the Senate to stop deportation. The Immigration and Customs 
     Enforcement case number is I A70-7S3-979. Arsen is a model 
     student and citizen.
       Arsen has consistently been a role model for student 
     behavior since he began attending Kratt in kindergarten. 
     Attendance and parent support have been excellent. Arsen 
     maintains a 3.8 grade point average in his sixth grade class 
     this year, a 4.0 in kindergarten, first, second, third and 
     fifth grades, and a 3.8 in fourth grade. In addition, he will 
     receive Kratt's hightest honor, the ``President's Education 
     Award'' which is signed by President Bush and accompanied 
     with a commendation letter from President Bush. This rare 
     Kratt honor is based on stringent academic and behavior 
     standards students must meet for three continuous years in 
     fourth, fifth and sixth grades.
       Socially, Arsen is well liked and respected. He receives 
     our monthly ``Bulldog Award'' every year which recognizes him 
     as a model citizen in his classroom. In fact, Arsen was 
     chosen to support a fellow student in need by teaming up with 
     him as a ``buddy'' this year in his sixth grade classroom.
       Kratt's top leaders are chosen to participate in our 
     Traffic Patrol Club. Arsen is not only a member but was also 
     elected as captain of the Traffic Club this year, a tribute 
     to his strong character. Arsen's name also shows up on the 
     Math Club list almost every semester, an honor difficult to 
     achieve. He has been invited to apply to the magnet Computech 
     Middle School in Fresno because he is a standout student,
       Arsen and his family have set high standards and worked 
     hard in our educational setting to achieve them. Senator 
     Feinstein, please recognize Arsen's outstanding effort and 
     achievement by your timely intervention of introducing the 
     Private Bill this week so we can keep an intellectually 
     gifted young person and his family in our state. We 
     appreciate your considering this important matter.
           Sincerely,
     Terri Bricker,
       Kratt Elementary School Principal.
     Randy Brown,
       Kratt Elementary School Sixth Grade Teacher.
                                  ____

       I was acquainted with Asmik Karapetian in 1995. I met her 
     at the Armenian Saint Paul church, where we were teaching 
     children Armenian. We instantly became good friends mainly 
     because we both had similar purposes in life for our children 
     to raise well educated and responsible citizens for this 
     country.
       Later I met her husband Ruben Mkoian, also a very noble 
     man. I remember when my husband and I visited them the first 
     time to entertain us Ruben played guitar while singing along 
     beautifully.
       I will not forget how one day Asmik called me and gave me 
     the good news of their second son's arrival. She was thrilled 
     and so were we. I know their boys, Arthur and Arsen, both 
     very humble and nice boys. We admired Arthur's achievements 
     in school. He is graduating this year with an excellent GPA.
       Recently Asmik called me in tears telling me her family 
     received a letter that they were to be deported. My family 
     and I were in utter shock. Why? Asmik and Ruben are two very 
     hard-working people with two wonderful children whose future 
     is very promising. It's tragic that after residing here for 
     more than ten years this would happen now.
       I am humbly asking you to look the circumstances over and 
     allow Asmik and her family to live in this country. I have 
     faith that you will help this family to reach their American 
     dreams.
           Sincerely,
     Anahit Bagdasarian.
                                  ____

       Dear Diane Feinstein, The family of Ruben Mkoian is very 
     dear to me. I have known them for over 10 years and I'd like 
     for you to get to know them a little as well. Their entire 
     family, including each and every member, is very kind and 
     treats all with respect and always keeps their dignity. I am 
     proud to have had a chance to get to know them and I have 
     come to be very fond of how this family coped with what has 
     been thrown to them. My son, who grew up and attended school 
     with their eldest, Arthur, always stated how he admired his 
     qualities and good behavior. Arthur, a very intelligent young 
     boy, had plans preceding his acceptance, to attend the 
     University of California, Davis, his dream school. He worked 
     very hard since grade school and his acceptance alone is 
     proof enough that Arthur meets any standards imposed upon 
     him. Arthur and I would like to say every individual of their 
     family is outgoing, loving, kind, hardworking, and fit 
     amongst the most intelligent. They do not get into the bad 
     habits that most amongst us keep hidden. We need people like 
     the Mkoians in our society. They keep peace and quiet and yet 
     have firmly established themselves into our working field, 
     schools, and have the most positive influence over our 
     friends and family. It would be a shame to lose such people 
     if they were leaving on their own, and nonetheless were 
     kicking them out. I wish you could know them the way I have. 
     They have truly grown into the most admirable U.S. 
     inhabitants.
       Thank you for your time and consideration. We hope with all 
     our hearts that you make the right decision.
     Karin Antikyan.
                                  ____

       Dear U.S. Senator Dianne Feinstein, Our family is a great 
     family friend of the Mkoian Family. We have known them since 
     1993. They are a very friendly family. Our children grew up 
     with their children. Their children are amazing in school by 
     the grades they get Ruben and Hasmik are excellent parents.

[[Page S5455]]

     They have been next to us on our good and bad days. We think 
     that they deserve to stay in the United States of America for 
     their children and the future of their lives. We can't 
     imagine how hard it will be not seeing, them, not only for us 
     but everyone else. In the future we will need this wonderful 
     family for a better community. Please keep all this in mind 
     because they are a great family and we wouldn't like to see 
     them out of our sight. We hope that you will do everything so 
     that they will not be deported and they will stay in the 
     United States of America. Thank you for your time.
           Sincerely,
     Ani Idzhyan.
     Margarit Dumanyan.
     Rimma Markaryan.
     Oganes Idzhyan.
     Arshaluys Idzhyan.
     Akop Idzhyan.
     Gevork Idzhyan.
     Harut Idjian.

                          ____________________