[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.
____________________