[Congressional Record Volume 165, Number 163 (Wednesday, October 16, 2019)]
[Senate]
[Pages S5843-S5851]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS
By Mr. DURBIN (for himself, Mr. Leahy, and Ms. Hirono):
S. 2603. A bill to amend the Immigration and Nationality Act to end
the immigrant visa backlog, and for other purposes; to the Committee on
the Judiciary.
Mr. DURBIN. 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. 2603
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Resolving Extended Limbo for
Immigrant Employees and Families Act'' or the ``RELIEF Act''.
SEC. 2. NUMERICAL LIMITATION TO ANY SINGLE FOREIGN STATE.
(a) In General.--Section 202(a)(2) of the Immigration and
Nationality Act (8 U.S.C. 1152(a)(2)) is amended--
(1) in the paragraph heading, by striking ``and employment-
based'';
(2) by striking ``(3), (4), and (5),'' and inserting ``(3)
and (4),'';
(3) by striking ``subsections (a) and (b) of section 203''
and inserting ``section 203(a)'';
(4) by striking ``7'' and inserting ``15''; and
(5) by striking ``such subsections'' and inserting ``such
section''.
(b) Conforming Amendments.--Section 202 of the Immigration
and Nationality Act (8 U.S.C. 1152) is amended--
(1) in subsection (a)(3), by striking ``both subsections
(a) and (b) of section 203'' and inserting ``section
203(a)'';
(2) by striking subsection (a)(5); and
(3) by amending subsection (e) to read as follows:
``(e) Special Rules for Countries at Ceiling.--If it is
determined that the total number of immigrant visas made
available under section 203(a) to natives of any single
foreign state or dependent area will exceed the numerical
limitation specified in subsection (a)(2) in any fiscal year,
in determining the allotment of immigrant visa numbers to
natives under section 203(a), visa numbers with respect to
natives of that state or area shall be allocated (to the
extent practicable and otherwise consistent with this section
and section 203) in a manner so that, except as provided in
subsection (a)(4), the proportion of the visa numbers made
available under each of paragraphs (1) through (4) of section
203(a) is equal to the ratio of the total number of visas
made available under the respective paragraph to the total
number of visas made available under section 203(a).''.
(c) Country-Specific Offset.--Section 2 of the Chinese
Student Protection Act of 1992 (8 U.S.C. 1255 note) is
amended--
(1) in subsection (a), by striking ``subsection (e))'' and
inserting ``subsection (d))''; and
(2) by striking subsection (d) and redesignating subsection
(e) as subsection (d).
(d) Effective Date.--The amendments made by this section
shall take effect as if enacted on September 30, 2019, and
shall apply to fiscal years beginning with fiscal year 2020.
(e) Transition Rules for Employment-Based Immigrants.--
[[Page S5844]]
(1) In general.--Subject to the succeeding paragraphs of
this subsection and notwithstanding title II of the
Immigration and Nationality Act (8 U.S.C. 1151 et seq.), the
following rules shall apply:
(A) For fiscal year 2020, 15 percent of the immigrant visas
made available under each of paragraphs (2), (3), and (5) of
section 203(b) of such Act (8 U.S.C. 1153(b)) shall be
allotted to immigrants who are natives of a foreign state or
dependent area that is not one of the two states with the
largest aggregate numbers of natives who are beneficiaries of
approved petitions for immigrant status under such
paragraphs.
(B) For fiscal year 2021, 10 percent of the immigrant visas
made available under each of such paragraphs shall be
allotted to immigrants who are natives of a foreign state or
dependent area that is not one of the two states with the
largest aggregate numbers of natives who are beneficiaries of
approved petitions for immigrant status under such
paragraphs.
(C) For fiscal year 2022, 10 percent of the immigrant visas
made available under each of such paragraphs shall be
allotted to immigrants who are natives of a foreign state or
dependent area that is not one of the two states with the
largest aggregate numbers of natives who are beneficiaries of
approved petitions for immigrant status under such
paragraphs.
(2) Per-country levels.--
(A) Reserved visas.--With respect to the visas reserved
under each of subparagraphs (A) through (C) of paragraph (1),
the number of such visas made available to natives of any
single foreign state or dependent area in the appropriate
fiscal year may not exceed 25 percent (in the case of a
single foreign state) or 2 percent (in the case of a
dependent area) of the total number of such visas.
(B) Unreserved visas.--With respect to the immigrant visas
made available under each of paragraphs (2), (3), and (5) of
section 203(b) of such Act (8 U.S.C. 1153(b)) and not
reserved under paragraph (1), for each of fiscal years 2020,
2021, and 2022, not more than 85 percent shall be allotted to
immigrants who are natives of any single foreign state.
(3) Special rule to prevent unused visas.--If, with respect
to fiscal year 2020, 2021, or 2022, the operation of
paragraphs (1) and (2) of this subsection would prevent the
total number of immigrant visas made available under
paragraph (2) or (3) of section 203(b) of such Act (8 U.S.C.
1153(b)) from being issued, such visas may be issued during
the remainder of such fiscal year without regard to
paragraphs (1) and (2) of this subsection.
(4) Transition rule for currently approved beneficiaries.--
(A) In general.--Notwithstanding section 202 of the
Immigration and Nationality Act, as amended by this Act,
immigrant visas under section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b)) shall be allocated such
that no alien described in subparagraph (B) receives a visa
later than the alien otherwise would have received said visa
had this Act not been enacted.
(B) Alien described.--An alien is described in this
subparagraph if the alien is the beneficiary of a petition
for an immigrant visa under section 203(b) of the Immigration
and Nationality Act (8 U.S.C. 1153(b)) that was approved
prior to the date of enactment of this Act.
(5) Rules for chargeability.--Section 202(b) of such Act (8
U.S.C. 1152(b)) shall apply in determining the foreign state
to which an alien is chargeable for purposes of this
subsection.
(6) Ensuring availability of immigrant visas.--For each of
fiscal years 2020 through 2024, notwithstanding sections 201
and 202 of the Immigration and Nationality Act (8 U.S.C.
1151, 1152), as amended by this Act, additional immigrant
visas under section 203 of the Immigration and Nationality
Act (8 U.S.C. 1153) shall be made available and allocated--
(A) such that no alien who is a beneficiary of a petition
for an immigrant visa under such section 203 receives a visa
later than the alien otherwise would have received such visa
had this Act not been enacted; and
(B) to permit all visas to be distributed in accordance
with this section.
SEC. 3. ENDING IMMIGRANT VISA BACKLOG.
(a) In General.--In addition to any immigrant visa made
available under the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), as amended by this Act, subject to paragraphs
(1) and (2), the Secretary of State shall make immigrant
visas available to--
(1) aliens who are beneficiaries of petitions filed under
subsection (b) of section 203 of such Act (8 U.S.C. 1153)
before the date of the enactment of this Act; and
(2) aliens who are beneficiaries of petitions filed under
subsection (a) of such section before the date of the
enactment of this Act.
(b) Allocation of Visas.--The visas made available under
this section shall be allocated as follows:
(1) Employment-sponsored immigrant visas.--In each of
fiscal years 2020 through 2024, the Secretary of State shall
allocate to aliens described in subsection (a)(1) a number of
immigrant visas equal to 1/5 of the number of aliens
described in such subsection the visas of whom have not been
issued as of the date of the enactment of this Act.
(2) Family-sponsored immigrant visas.--In each of fiscal
years 2020 through 2024, the Secretary of State shall
allocate to aliens described in subsection (a)(2) a number of
immigrant visas equal to 1/5 of the difference between--
(A) the number of aliens described in such subsection the
visas of whom have not been issued as of the date of the
enactment of this Act; and
(B) the number of aliens described in subsection (a)(1).
(c) Order of Issuance for Previously Filed Applications.--
The visas made available under this section shall be issued
in accordance with section 202 of the Immigration and
Nationality Act (8 U.S.C. 1152), as amended by this Act, in
the order in which the petitions under section 203 of such
Act (8 U.S.C. 1153) were filed.
SEC. 4. KEEPING AMERICAN FAMILIES TOGETHER.
(a) Reclassification of Spouses and Minor Children of
Lawful Permanent Residents as Immediate Relatives and
Exemption of Derivatives.--The Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) is amended--
(1) in section 201(b) (8 U.S.C. 1151(b))--
(A) in paragraph (1), by adding at the end the following:
``(F) Aliens who derive status under section 203(d).''; and
(B) by amending paragraph (2) to read as follows:
``(2)(A) Immediate relatives.--Aliens who are immediate
relatives.
``(B) Definition of immediate relative.--In this paragraph,
the term `immediate relative' means--
``(i) a child, spouse, or parent of a citizen of the United
States, except that in the case of such a parent such citizen
shall be at least 21 years of age;
``(ii) a child or spouse of an alien lawfully admitted for
permanent residence;
``(iii) a child or spouse of an alien described in clause
(i), who is accompanying or following to join the alien;
``(iv) a child or spouse of an alien described in clause
(ii), who is accompanying or following to join the alien;
``(v) an alien admitted under section 211(a) on the basis
of a prior issuance of a visa to the alien's accompanying
parent who is an immediate relative; and
``(vi) an alien born to an alien lawfully admitted for
permanent residence during a temporary visit abroad.
``(C) Treatment of spouse and children of deceased citizen
or lawful permanent resident.--If an alien who was the spouse
or child of a citizen of the United States or of an alien
lawfully admitted for permanent residence and was not legally
separated from the citizen or lawful permanent resident at
the time of the citizen's or lawful permanent resident's
death files a petition under section 204(a)(1)(B), the alien
spouse (and each child of the alien) shall remain, for
purposes of this paragraph, an immediate relative during the
period beginning on the date of the citizen's or permanent
resident's death and ending on the date on which the alien
spouse remarries.
``(D) Protection of victims of abuse.--An alien who has
filed a petition under clause (iii) or (iv) of section
204(a)(1)(A) shall remain, for purposes of this paragraph, an
immediate relative if the United States citizen or lawful
permanent resident spouse or parent loses United States
citizenship on account of the abuse.''; and
(2) in section 203(a) (8 U.S.C. 1153(a))--
(A) in paragraph (1), by striking ``23,400'' and inserting
``111,334''; and
(B) by amending paragraph (2) to read as follows:
``(2) Unmarried sons and unmarried daughters of lawful
permanent residents.--Qualified immigrants who are the
unmarried sons or unmarried daughters (but are not the
children) of aliens lawfully admitted for permanent residence
shall be allocated visas in a number not to exceed 26,266,
plus--
``(A) the number of visas by which the worldwide level
exceeds 226,000; and
``(B) the number of visas not required for the class
specified in paragraph (1).''.
(b) Protecting Children From Aging Out.--Section 203(h) of
the Immigration and Nationality Act (8 U.S.C. 1153(h)) is
amended--
(1) by amending paragraph (1) to read as follows:
``(1) In general.--For purposes of subsection (d), a
determination of whether an alien satisfies the age
requirement in the matter preceding subparagraph (A) of
section 101(b)(1) shall be made using the age of the alien on
the date on which the petition is filed with the Secretary of
Homeland Security under section 204.'';
(2) by amending paragraph (2) to read as follows:
``(2) Petitions described.--A petition described in this
paragraph is a petition filed under section 204 for
classification of--
``(A) the alien's parent under subsection (a), (b), or (c);
or
``(B) the alien as an immediate relative based on
classification as a child of--
``(i) a citizen of the United States; or
``(ii) a lawful permanent resident.'';
(3) in paragraph (3), by striking ``subsections (a)(2)(A)
and'' and inserting ``subsection''; and
(4) by adding at the end the following:
``(5) Treatment for nonimmigrant categories purposes.--An
alien dependent treated as a child for immigrant visa
purposes under this subsection shall be treated as a
dependent child for nonimmigrant categories.''.
(c) Conforming Amendments.--
[[Page S5845]]
(1) Definitions.--Section 101(a)(15)(K)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(K)(ii))
is amended by striking ``section 201(b)(2)(A)(i)'' and
inserting ``section 201(b)(2) (other than clause (v) or (vi)
of subparagraph (B))''.
(2) Rules for determining whether certain aliens are
immediate relatives.--Section 201(f) of the Immigration and
Nationality Act (8 U.S.C. 1151(f)) is amended--
(A) in paragraph (1), by striking ``paragraphs (2) and
(3),'' and inserting ``paragraph (2),'';
(B) by striking paragraph (2);
(C) by redesignating paragraphs (3) and (4) as paragraphs
(2) and (3), respectively; and
(D) in paragraph (3), as so redesignated, by striking
``through (3)'' and inserting ``and (2)''.
(3) Per country level.--Section 202(a)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1152(a)(1)(A)) is
amended by striking ``section 201(b)(2)(A)(i)'' and inserting
``section 201(b)(2) (other than clause (v) or (vi) of
subparagraph (B))''.
(4) Numerical limitation to any single foreign state.--
Section 202(a)(4) (8 U.S.C. 1152(a)(4)) is amended--
(A) by striking subparagraphs (A) and (B);
(B) by redesignating subparagraphs (C) and (D) as
subparagraphs (A) and (B), respectively; and
(C) in subparagraph (A), as so redesignated--
(i) by striking the undesignated matter following clause
(ii);
(ii) by striking clause (ii);
(iii) in clause (i), by striking ``, or'' and inserting a
period; and
(iv) in the matter preceding clause (i), by striking
``section 203(a)(2)(B) may not exceed'' and all that follows
through ``23 percent'' in clause (i) and inserting ``section
203(a)(2) may not exceed 23 percent''.
(5) Procedures for granting immigrant status.--Section 204
of the Immigration and Nationality Act (8 U.S.C. 1154) is
amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) in subparagraph (A)--
(aa) in clause (i), by striking ``section 201(b)(2)(A)(i)''
and inserting ``clause (i) or (ii) of section 201(b)(2)(B)'';
(bb) in clause (ii), by striking ``the second sentence of
section 201(b)(2)(A)(i)'' and inserting ``section
201(b)(2)(C)'';
(cc) by amending clause (iii) to read as follows:
``(iii)(I) An alien who is described in clause (ii) may
file a petition with the Secretary of Homeland Security under
this subparagraph for classification of the alien (and any
child of the alien) if the alien demonstrates to the
Secretary that--
``(aa) the marriage or the intent to marry the citizen of
the United States or lawful permanent resident was entered
into in good faith by the alien; and
``(bb) during the marriage or relationship intended by the
alien to be legally a marriage, the alien or a child of the
alien has been battered or has been the subject of extreme
cruelty perpetrated by the alien's spouse or intended spouse.
``(II) For purposes of subclause (I), an alien described in
this subclause is an alien--
``(aa)(AA) who is the spouse of a citizen of the United
States or lawful permanent resident;
``(BB) who believed that he or she had married a citizen of
the United States or lawful permanent resident and with whom
a marriage ceremony was actually performed and who otherwise
meets any applicable requirements under this Act to establish
the existence of and bona fides of a marriage, but whose
marriage is not legitimate solely because of the bigamy of
such citizen of the United States or lawful permanent
resident; or
``(CC) who was a bona fide spouse of a citizen of the
United States or a lawful permanent resident within the past
2 years and whose spouse died within the past 2 years, whose
spouse renounced citizenship status or renounced or lost
status as a lawful permanent resident within the past 2 years
related to an incident of domestic violence, or who
demonstrates a connection between the legal termination of
the marriage within the past 2 years and battering or extreme
cruelty by a spouse who is a citizen of the United States or
a lawful permanent resident spouse;
``(bb) who is a person of good moral character;
``(cc) who is eligible to be classified as an immediate
relative under section 201(b)(2)(B) or who would have been so
classified but for the bigamy of the citizen of the United
States or lawful permanent resident that the alien intended
to marry; and
``(dd) who has resided with the alien's spouse or intended
spouse.'';
(dd) by amending clause (iv) to read as follows:
``(iv) An alien who is the child of a citizen or lawful
permanent resident of the United States, or who was a child
of a United States citizen or lawful permanent resident
parent who within the past 2 years lost or renounced
citizenship status related to an incident of domestic
violence, and who is a person of good moral character, who is
eligible to be classified as an immediate relative under
section 201(b)(2)(B), and who resides, or has resided in the
past, with the citizen or lawful permanent resident parent
may file a petition with the Secretary of Homeland Security
under this subparagraph for classification of the alien (and
any child of the alien) under such section if the alien
demonstrates to the Secretary that the alien has been
battered by or has been the subject of extreme cruelty
perpetrated by the alien's citizen or lawful permanent
resident parent. For purposes of this clause, residence
includes any period of visitation.''; and
(ee) in clause (v)(I), in the matter preceding item (aa),
by inserting ``or lawful permanent resident'' after
``citizen'';
(ff) in clause (vi), by striking ``renunciation of
citizenship'' and all that follows through ``citizenship
status'' and inserting ``renunciation of citizenship or
lawful permanent resident status, death of the abuser,
divorce, or changes to the abuser's citizenship or lawful
permanent resident status''; and
(gg) in clause (vii), by striking ``section
201(b)(2)(A)(i)'' each place it appears and inserting
``section 201(b)(2)(B)'';
(II) by amending subparagraph (B) to read as follows:
``(B)(i)(I) Except as provided in subclause (II), any alien
lawfully admitted for permanent residence claiming that an
alien is entitled to a classification by reason of the
relationship described in section 203(a)(2) may file a
petition with the Attorney General for such classification.
``(II) Subclause (I) shall not apply in the case of an
alien lawfully admitted for permanent residence who has been
convicted of a specified offense against a minor (as defined
in subparagraph (A)(viii)(II)), unless the Secretary of
Homeland Security, in the Secretary's sole and unreviewable
discretion, determines that such person poses no risk to the
alien with respect to whom a petition described in subclause
(I) is filed.
``(ii) An alien who was the child of a lawful permanent
resident who within the past 2 years lost lawful permanent
resident status due to an incident of domestic violence, and
who is a person of good moral character, who is eligible for
classification under section 203(a)(2), and who resides, or
has resided in the past, with the alien's permanent resident
alien parent may file a petition with the Secretary of
Homeland Security under this subparagraph for classification
of the alien (and any child of the alien) under such section
if the alien demonstrates to the Secretary that the alien has
been battered by or has been the subject of extreme cruelty
perpetrated by the alien's permanent resident parent.
``(iii)(I) For purposes of a petition filed or approved
under clause (ii), the loss of lawful permanent resident
status by a parent after the filing of a petition under that
clause shall not adversely affect approval of the petition,
and for an approved petition, shall not affect the alien's
ability to adjust status under subsections (a) and (c) of
section 245 or obtain status as a lawful permanent resident
based on an approved self-petition under clause (ii).
``(II) Upon the lawful permanent resident parent becoming
or establishing the existence of United States citizenship
through naturalization, acquisition of citizenship, or other
means, any petition filed with the Secretary of Homeland
Security and pending or approved under clause (ii) on behalf
of an alien who has been battered or subjected to extreme
cruelty shall be deemed reclassified as a petition filed
under subparagraph (A) even if the acquisition of citizenship
occurs the termination of parental rights.''; and
(III) in subparagraph (D)(i)(I), by striking ``paragraph
(1), (2), or (3)'' and inserting ``paragraph (1) or (3)'';
and
(ii) in paragraph (2)--
(I) by striking ``spousal second preference petition'' each
place it appears and inserting ``petition for the spouse of
an alien lawfully admitted for permanent residence''; and
(II) in the undesignated matter following subparagraph
(A)(ii), by striking ``preference status under section
203(a)(2)'' and inserting ``classification as an immediate
relative under section 201(b)(2)(B)(ii)'';
(B) in subsection (c)(1), by striking ``or preference
status''; and
(C) in subsection (k)(1), by striking ``203(a)(2)(B)'' and
inserting ``203(a)(2)''.
(6) Excludable aliens.--Section 212(d)(12)(B) of the
Immigration and Nationality Act (8 U.S.C. 1182(d)(12)(B)) is
amended by striking ``section 201(b)(2)(A)'' and inserting
``section 201(b)(2) (other than subparagraph (B)(vi))''.
(7) Admission of nonimmigrants.--Section 214(r)(3)(A) of
the Immigration and Nationality Act (8 U.S.C. 1184(r)(3)(A))
is amended by striking ``section 201(b)(2)(A)(i)'' and
inserting ``section 201(b)(2) (other than clause (v) or (vi)
of subparagraph (B)).''
(8) Definition of alien spouse.--Section 216(h)(1)(A) of
the Immigration and Nationality Act (8 U.S.C. 1186a(h)(1)(A))
is amended by inserting ``or an alien lawfully admitted for
permanent residence'' after ``United States''.
(9) Refugee crisis in iraq act of 2007.--Section 1243(a)(4)
of the Refugee Crisis in Iraq Act of 2007 (Public Law 110-
118; 8 U.S.C. 1157 note) is amended by striking ``section
201(b)(2)(A)(i)'' and inserting ``section 201(b)(2) (other
than clause (v) or (vi) of subparagraph (B))''.
(10) Processing of visa applications.--Section 233(b)(1) of
the Department of State Authorization Act, Fiscal Year 2003
(Public Law 107-228; 8 U.S.C. 1201 note) is amended by
striking ``section 201(b)(2)(A)(i)'' and inserting ``section
201(b)(2) (other than clause (v) or (vi) of subparagraph
(B))''.
______
By Mr. UDALL (for himself and Mr. Scott of Florida):
S. 2604. A bill to require the Administrator of the National Highway
Traffic
[[Page S5846]]
Safety Administration to work with vehicle manufacturers, suppliers,
and other interested parties to advance the technology developed by the
Driver Alcohol Detection System for Safety Research Program, and for
other purposes; to the Committee on Commerce, Science, and
Transportation.
Mr. UDALL. 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:
Mr. UDALL. Mr. President, I rise today to introduce the Reduce
Impaired Driving for Everyone Act of 2019 or RIDE Act of 2019. I would
like to thank my co-sponsor, Senator Rick Scott of Florida, who joins
me on this important bill--a bill that will help end drunk driving and
prevent thousands of fatalities and injuries across the nation.
While we have made progress over the last several decades to reduce
drunk driving on our roads, it is still a national tragedy. In 2017,
the latest year for which we have statistics, the National Highway
Traffic Safety Administration found that 10,874 person were killed on
American roads by a drunk driver. That's one death every 48 minutes.
And most tragically: every single one of those 10,874 deaths could have
been prevented.
Traffic fatalities due to drunk driving account for one-third of all
such fatalities. Yet, drunk drivers have only a two percent chance of
being caught. And one study found that the average drunk driver has
driven drunk 87 times before being arrested. The RIDE Act aims to make
sure these drivers do not hit the road in the first place.
I'm not new to this fight. When I was Attorney General of New Mexico
in the 1990's, our State had one of the highest DWI rates in the
Nation. Then, on Christmas Eve in 1992, a drunk driver killed a mother
and her three young daughters as he sped down the highway the wrong way
going 90 miles per hour. That tragedy galvanized me and many others in
our State. I worked to impose stronger penalties for repeat offenders,
impose a lower legal limit for intoxication, and close drive-up liquor
windows. Those efforts and the efforts of many others across New Mexico
helped bring down the number of alcohol-related fatalities from 460 in
1992 to 131 in 2017. But that's 131 too many. And so we have more work
to do in New Mexico and across the Nation.
I've worked many years to fund development of the Driver Alcohol
Detection System for Safety or DADSS technology--technology that
prevents drivers impaired above the legal limit from ever taking the
wheel. When I first started advocating for this technology, it seemed
far-fetched to some, out of reach. But, now--it's being road-tested and
within our grasp.
The RIDE Act builds on the $50 million dollars Congress has
appropriated since 2008 by appropriating $5 million per year toward
drunk driver detection technology during fiscal years 2021 and 2022.
The bill will fund the technology transfer of this software to ready it
for installation and testing in vehicles.
At the same time the Federal government has moved to introduce this
technology, some private automobile manufacturers are also developing
technology of their own for installation in their vehicles. They are to
be applauded.
NHTSA and the Automotive Coalition for Traffic Safety, of which every
major automobile manufacturer is a member, have engaged in a decade-
long public-private partnership to research, manufacture, and test
equipment to make vehicles inoperable if alcohol is present in a
person's breath. They are engaged now in calibration to ensure that a
vehicle will be inoperable only if a driver is above the legal limit.
NHTSA and ACTS are working with the states of Maryland and Virginia to
test this technology. Real world testing is essential--which is why the
RIDE Act will empower the Federal General Services Administration to
incorporate anti-drunk driving software into its fleet on a pilot
basis.
Finally, the RIDE Act requires the NHTSA to promulgate rules to
require installation of advanced drunk driving prevention technology in
all new vehicles not later than two years after enactment of the bill.
Automobile manufacturers will have two model years to comply with the
rule. This means the RIDE Act sets out about a four year window to
prevent drunk driving in all new vehicles. This tremendous goal is
within reach.
Again, I appreciate the support of my colleague, Senator Scott. The
RIDE Act should have strong bipartisan support. Drunk drivers don't
discriminate on the basis of political party. I urge all our colleagues
to join us in this important fight against drunk driving and the
devastation that it causes.
S. 2604
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Reduce Impaired Driving for
Everyone Act of 2019'' or the ``RIDE Act of 2019''.
SEC. 2. FINDINGS.
Congress finds that--
(1) alcohol-impaired driving fatalities represent
approximately \1/3\ of all highway fatalities in the United
States each year;
(2) in 2017, there were 10,874 alcohol-impaired driving
fatalities in the United States involving drivers with a
blood alcohol concentration level of .08 or higher, and 68
percent of the crashes that resulted in those fatalities
involved a driver with a blood alcohol concentration level of
.15 or higher;
(3) the estimated economic cost for alcohol-impaired
driving in 2010 was $44,000,000,000;
(4) the National Highway Traffic Safety Administration has
partnered with automobile manufacturers to develop alcohol
detection technologies that could be installed in vehicles to
prevent drunk driving; and
(5) the Federal Government has invested nearly $50,000,000
in advanced alcohol detection software, and companies are
actively pursuing solutions to the significant problem of
drunk driving.
SEC. 3. ADVANCED DRUNK DRIVING PREVENTION TECHNOLOGY PROGRAM.
(a) Definitions.--In this section:
(1) Administrator.--The term ``Administrator'' means the
Administrator of the National Highway Traffic Safety
Administration.
(2) DADSS.--The term ``DADSS'' means the Driver Alcohol
Detection System for Safety Research Program carried out
through a public-private partnership between the National
Highway Traffic Safety Administration and the Automotive
Coalition for Traffic Safety.
(3) New vehicle.--The term ``new vehicle'' has the meaning
given the term in section 37.3 of title 49, Code of Federal
Regulations (or a successor regulation).
(b) Technology Transfer and Vehicle Integration.--
(1) In general.--During fiscal years 2021 and 2022, the
Administrator shall work directly with vehicle manufacturers,
suppliers, and other interested parties, including
institutions of higher education with expertise in automotive
engineering, to advance the technology developed by DADSS,
and other suitable advanced drunk driving prevention
technology, as determined by the Administrator, with the goal
of integrating the technology, at the earliest practicable
date, into new vehicles.
(2) Funding.--Any amounts made available to carry out this
subsection under subsection (h)(1) shall be made available
for the purposes described in paragraph (1) pursuant to the
existing cooperative agreement entered into by the
Administrator and the Automotive Coalition for Traffic Safety
to carry out DADSS.
(c) Demonstration of Technology in Federal Fleets.--
(1) In general.--Beginning in fiscal year 2021, the
Administrator shall work with the Administrator of General
Services to demonstrate advanced drunk driving prevention
technology in not fewer than 2,500 vehicles in Federal
fleets.
(2) Requirements.--In carrying out paragraph (1), the
Administrator shall ensure that the fleet vehicles in which
advanced drunk driving prevention technology is
demonstrated--
(A) are driven not less than 3 days per week;
(B) are located in various regions in the United States;
and
(C) collectively include not more than 3 make, model, and
model year combinations.
(d) Pilot Deployment of Prototype Advanced Drunk Driving
Prevention Technology in Non-Federal Fleets.--
(1) In general.--To assist in the development of, and to
aid the creation of market demand for, advanced drunk driving
prevention technology, the Administrator shall carry out a
program to encourage the use of advanced drunk driving
prevention technology in--
(A) State and local government fleets; and
(B) private sector fleets.
(2) Funding.--
(A) In general.--Out of any amounts made available to the
Administrator and not otherwise obligated, the Administrator
shall use such sums as are necessary to carry out paragraph
(1).
(B) Existing program funding.--The Administrator may
continue to use, in accordance with existing guidelines for
the relevant fund, any Federal fund used by the Administrator
on the date of enactment of this Act to carry out an existing
program that satisfies the requirements of paragraph (1).
[[Page S5847]]
(e) Report.--Not later than 1 year after the date of
enactment of this Act, and every 180 days thereafter, the
Administrator shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Energy and Commerce of the House of Representatives a
report describing the progress of the Administrator in
carrying out subsections (c) and (d).
(f) Stakeholder Team.--
(1) In general.--The Administrator shall establish and
maintain a team, to be known as the ``Stakeholder Team'', to
provide input for the Administrator to consider on issues of
public policy, deployment, and State law relating to the
deployment of advanced drunk driving prevention technology in
motor vehicles.
(2) Membership.--The Stakeholder Team shall be composed
of--
(A) vehicle manufacturers;
(B) suppliers;
(C) safety advocates;
(D) fleet administrators or managers; and
(E) other interested parties with expertise in public
policy, marketing, or product release.
(g) Rulemaking.--
(1) In general.--Subject to paragraph (3), not later than 2
years after the date of enactment of this Act, the
Administrator shall issue a final rule prescribing a Federal
motor vehicle safety standard that requires advanced drunk
driving prevention technology in all new vehicles.
(2) Requirements.--
(A) Lead time.--The compliance date of the rule issued
under paragraph (1) shall be not more than 2 model years
after the effective date of that rule.
(B) Technical capability.--Any advanced drunk driving
prevention technology required for new vehicles under
paragraph (1) that measures blood alcohol concentration shall
automatically use the legal limit for blood alcohol
concentration of the jurisdiction in which the vehicle is
located.
(3) Timing.--If the Administrator determines that it is not
practicable to issue the rule described in paragraph (1) by
the applicable date, the Administrator--
(A) may extend the time period for such time as the
Administrator determines to be necessary; and
(B) shall, not later than the date described in paragraph
(1), and not less frequently than annually thereafter until
the date on which the rule under that paragraph is issued,
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on Energy and
Commerce of the House of Representatives a report describing,
as of the date of submission of the report--
(i) the reasons for not prescribing a Federal motor vehicle
safety standard that requires advanced drunk driving
prevention technology in all new vehicles;
(ii) the deployment of advanced drunk driving prevention
technology in vehicles;
(iii) any information regarding the ability of vehicle
manufacturers to include advanced drunk driving prevention
technology in new vehicles; and
(iv) an anticipated timeline for prescribing the Federal
motor vehicle safety standard described in paragraph (1).
(h) Authorization of Appropriations.--There are authorized
to be appropriated--
(1) to carry out subsection (b), $5,000,000 for each of
fiscal years 2021 and 2022; and
(2) to carry out subsection (c), $25,000,000 for the period
of fiscal years 2021 through 2022, to remain available until
expended.
______
By Mr. SCHUMER (for himself and Mrs. Gillibrand):
S. 2605. A bill to amend title 49, United States Code, to require the
Secretary of Transportation to award grants to States that have enacted
and are enforcing certain laws with respect to stretch limousines, and
for other purposes; to the Committee on Commerce, Science, and
Transportation.
Mr. SCHUMER. 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. 2605
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Take Unsafe Limos Off the
Road Act''.
SEC. 2. GRANT PROGRAM FOR SAFETY OF STRETCH LIMOUSINES.
(a) In General.--Subchapter IV of chapter 311 of title 49,
United States Code, is amended by adding at the end the
following:
``Sec. 31162. Grant program for safety of stretch limousines
``(a) Definitions.--In this section:
``(1) Eligible defect.--The term `eligible defect' means a
defect that would cause a motor vehicle to fail a commercial
motor vehicle safety inspection.
``(2) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given the term in section 32101.
``(3) Secretary.--The term `Secretary' means the Secretary
of Transportation.
``(4) Stretch limousine.--The term `stretch limousine'
means a new or used passenger motor vehicle that--
``(A) has been modified, altered, or extended in a manner
that increases the overall wheelbase of the vehicle--
``(i) beyond the wheelbase dimension of the original
equipment manufacturer for the base model and year of the
vehicle; and
``(ii) to a length sufficient to accommodate additional
passengers; and
``(B) after being altered as described in subparagraph (A),
has a seating capacity of not fewer than 9 passengers,
including the driver.
``(b) Grant Program.--Each fiscal year, the Secretary shall
make a grant, in accordance with this section, to each State
that is eligible for a grant under subsection (c).
``(c) Eligibility.--A State is eligible for a grant under
this section for a fiscal year if, on October 1 of that
fiscal year, the State--
``(1) has enacted a law that requires the impoundment or
immobilization of a stretch limousine that is found to have
an eligible defect on inspection; and
``(2) is enforcing the law described in paragraph (1), as
determined by the Secretary.
``(d) Grant Amounts.--
``(1) In general.--Beginning on October 1 of the first
fiscal year beginning after the date of enactment of this
section, the Secretary shall apportion the amounts
appropriated to carry out this section to each State that is
eligible to receive a grant under subsection (c) in an amount
that is equal to the quotient obtained by dividing--
``(A) the difference between--
``(i) $5,000,000; and
``(ii) the total amount provided to States under paragraph
(2); and
``(B) the number of States eligible for a grant under
subsection (c) for the fiscal year.
``(2) Increase of grant amounts.--Beginning on October 1 of
the first fiscal year beginning after the date of enactment
of this section, a State that is eligible for a grant under
subsection (c) may receive an additional $50,000 in grant
funds if, on October 1 of that fiscal year, the State has
enacted and is enforcing a law or regulation that requires--
``(A) any safety inspection of a stretch limousine to be
conducted at a designated site controlled by the State; and
``(B) the inspection described in subparagraph (A) to be
conducted by employees trained in the inspection of stretch
limousines.
``(e) Use of Funds.--A State receiving a grant under this
section may use grant amounts--
``(1) for the impoundment or immobilization of a stretch
limousine;
``(2) for the establishment and operating expenses of
designated stretch limousine safety inspection sites; or
``(3) to train employees in the inspection of stretch
limousines.
``(f) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary to carry out this section
$5,000,000 for each of fiscal years 2021 through 2024.''.
(b) Clerical Amendment.--The analysis for subchapter IV of
chapter 311 of title 49 is amended by inserting after the
item relating to section 31161 the following:
``31162. Grant program for safety of stretch limousines.''.
______
By Mr. SCHUMER (for himself and Mrs. Gillibrand):
S. 2606. A bill to establish safety standards for certain limousines,
and for other purposes; to the Committee on Commerce, Science, and
Transportation.
Mr. SCHUMER. 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. 2606
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Safety, Accountability, and
Federal Enforcement of Limos Act of 2019'' or the ``SAFE
Limos Act''.
SEC. 2. DEFINITIONS.
In this Act:
(1) Certified vehicle.--The term ``certified vehicle''
means a motor vehicle that has been certified in accordance
with section 567.4 or 567.5 of title 49, Code of Federal
Regulations, to meet all applicable Federal motor vehicle
safety standards.
(2) Incomplete vehicle.--The term ``incomplete vehicle''
has the meaning given such term in section 567.3 of title 49,
Code of Federal Regulations.
(3) Stretch limousine.--The term ``stretch limousine''
means a new or used passenger motor vehicle that has been
altered in a manner that increases the overall wheelbase of
the vehicle, exceeding the original equipment manufacturer's
wheelbase dimension for the base model and year of the
vehicle, in any amount sufficient to accommodate additional
passengers with a seating capacity of not fewer than 9
passengers including the driver.
(4) Stretch limousine alterer.--The term ``stretch
limousine alterer'' means a person who alters by addition,
substitution, or removal of components (other than readily
attachable components) a certified passenger motor vehicle
before or after the first purchase of the vehicle to produce
a stretch limousine.
[[Page S5848]]
(5) Stretch limousine operator.--The term ``stretch
limousine operator'' means a person who owns or leases and
operates a stretch limousine in interstate commerce.
(6) Passenger motor vehicle.--The term ``passenger motor
vehicle'' has the meaning given that term in section 32101 of
title 49, United States Code.
(7) Safety belt.--The term ``safety belt'' means an
occupant restraint system consisting of integrated lap
shoulder belts.
(8) Secretary.--The term ``Secretary'' means the Secretary
of Transportation.
SEC. 3. STRETCH LIMOUSINE STANDARDS.
(a) Safety Belt Standards for Stretch Limousines.--Not
later than 2 years after the date of enactment of this Act,
the Secretary shall prescribe a final rule amending Federal
Motor Vehicle Safety Standard Numbers 208 to require safety
belts to be installed in stretch limousines with a gross
vehicle weight rating greater than 8,500 pounds at each
designated seating position, including on side-facing seats.
(b) Seating System Standards for Stretch Limousines.--Not
later than 2 years after the date of enactment of this Act,
the Secretary shall prescribe a final rule amending Federal
Motor Vehicle Safety Standard Number 207 to require stretch
limousines to meet standards for seats (including side-facing
seats), attachment assemblies, and installation to minimize
the possibility of their failure by forces acting on them as
a result of vehicle impact.
(c) Report on Retrofit Assessment for Stretch Limousines.--
Not later than 2 years after the date of enactment of this
Act, the Secretary shall submit to the Committee on Energy
and Commerce of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report that assesses the feasibility, benefits, and
costs with respect to the application of any requirement
established under subsection (a) or (b) to a stretch
limousine altered before the date on which the requirement
applies to a new stretch limousine.
(d) Safety Standards for Altering Used Vehicles Into
Stretch Limousines.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall prescribe a final
rule revising the regulations under section 567.7 of title
49, Code of Federal Regulations, to require a stretch
limousine alterer to comply with the requirements for persons
who alter certified vehicles.
SEC. 4. STRETCH LIMOUSINE COMPLIANCE WITH FEDERAL SAFETY
STANDARDS.
(a) In General.--Chapter 301 of subtitle VI of title 49,
United States Code, is amended by inserting after section
30128 the following new section:
``Sec. 30129. Stretch Limousine compliance with Federal
safety standards
``(a) Guidelines, Best Practices, and Recommendations.--Not
later than 2 years after the date of enactment of this
section, and not less than every 4 years thereafter, the
Secretary shall develop and issue guidelines, best practices,
and recommendations to assist a stretch limousine alterer to
develop and administer the vehicle modifier plan required
under subsection (c).
``(b) Process and Analysis.--
``(1) Notice required.--Not later than 2 years after the
date of enactment of this section, and as necessary
thereafter, the Secretary shall publish a notice in the
Federal Register that describes the process and analysis used
for approving or denying a vehicle modifier plan submitted by
a stretch limousine alterer.
``(2) Elements.--The notice required under paragraph (1)
shall include--
``(A) a description of the safety elements described in
subsection (c) in a vehicle modifier plan; and
``(B) a description of the process and criterion that the
Secretary will use for determining whether a vehicle modifier
plan ensures that a stretch limousine meets applicable
Federal motor vehicle safety standards.
``(c) Requirement.--Not later than 2 years after the
Secretary has released the notice required by subsection (b),
a new stretch limousine may not be offered for sale, lease,
or rent, introduced or delivered for introduction in
interstate commerce, or imported into the United States
unless the stretch limousine alterer has developed, and the
Secretary has approved, a vehicle modifier plan. A vehicle
modifier plan includes the following safety elements:
``(1) Design, quality control, manufacturing, and training
practices adopted by a stretch limousine alterer to ensure
that a stretch limousine complies with Federal motor vehicle
safety standards.
``(2) Customer support guidelines, including instructions
for stretch limousine occupants to wear seatbelts and stretch
limousine operators to notify occupants of the date and
results of the most recent inspection of the stretch
limousine.
``(3) Any other safety elements that the Secretary
determines to be necessary.
``(d) Vehicle Modifier Plan.--
``(1) Application.--A stretch limousine alterer shall
submit to the Secretary an application for approval of a
vehicle modifier plan in such a form, at such a time, and
containing the information required to be included in the
notice published pursuant to subsection (b). A vehicle
modifier plan required under subsection (a) may be approved
for not more than 4 years after the date on which the plan is
approved.
``(2) Review.--The Secretary may approve a vehicle modifier
plan submitted under paragraph (1) on a finding that the plan
ensures that a stretch limousine will meet Federal motor
vehicle safety standards.
``(3) Timely consideration of applications.--The Secretary
shall approve or reject a vehicle modifier plan not later
than 1 year after receiving an application from a stretch
limousine alterer.
``(e) Definitions.--In this section:
``(1) Incomplete vehicle.--The term `incomplete vehicle'
has the meaning given such term in section 567.3 of title 49,
Code of Federal Regulations.
``(2) Stretch limousine.--The term `stretch limousine'
means a new or used passenger motor vehicle that has been
altered in a manner that increases the overall wheelbase of
the vehicle, exceeding the original equipment manufacturer's
wheelbase dimension for the base model and year of the
vehicle, in any amount sufficient to accommodate additional
passengers with a seating capacity of not fewer than 9
passengers including the driver.
``(3) Stretch limousine alterer.--The term `stretch
limousine alterer' means a person who alters by addition,
substitution, or removal of components (other than readily
attachable components) an incomplete vehicle or a certified
passenger motor vehicle before or after the first purchase of
the vehicle to produce a stretch limousine.
``(4) Passenger motor vehicle.--The term `passenger motor
vehicle' has the meaning given that term in section 32101.''.
(b) Enforcement.--Section 30165(a)(1) of title 49, United
States Code, is amended by inserting ``30129,'' after
``30127,''.
SEC. 5. STRETCH LIMOUSINE CRASHWORTHINESS.
(a) Research.--Not later than 4 years after the date of
enactment, the Secretary shall complete research into side
impact protection, roof crush resistance, and air bag systems
for the protection of occupants in stretch limousines given
alternative seating positions or interior configurations,
including perimeter seating arrangements.
(b) Research Requirements.--In conducting the research
required under subsection (a), the Secretary shall--
(1) develop one or more tests to evaluate side impact
protection, roof crush resistance, and air bag systems of
stretch limousines;
(2) determine metrics that would be most effective at
evaluating the side impact protection, roof crush resistance,
and air bag systems of stretch limousines; and
(3) determine criteria to assure the stretch limousines are
protecting occupants in any alternative seating positions or
interior configurations.
(c) Report.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall submit a report
describing the findings of the research required under this
section to the Committee on Energy and Commerce of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate.
(d) Vehicle Modifier Plans.--The Secretary shall
incorporate the findings of the research conducted under this
section into the guidelines required under section 30129(a)
of title 49 and the process and analysis required under
section 30129(b) of title 49, United States Code, as added by
section 4(a).
(e) Crashworthiness Standards.--The Secretary shall issue
final motor vehicle safety standards for side impact
protection, roof crush resistance, and air bag systems for
stretch limousines if the Secretary determines that such
standards meet the requirements and considerations set forth
in subsections (a) and (b) of section 30111 of title 49,
United States Code.
SEC. 6. STRETCH LIMOUSINE EVACUATION.
(a) Research.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Transportation shall
complete research into safety features and standards that aid
egress and regress in the event that one exit in the
passenger compartment of a stretch limousine is blocked.
(b) Standards.--Not later than 3 years after the date of
enactment of this Act, the Secretary shall issue stretch
limousine evacuation standards based on the results of the
Secretary's research.
SEC. 7. STRETCH LIMOUSINE INSPECTION DISCLOSURE.
(a) Stretch Limousine Inspection Disclosure.--A stretch
limousine operator introducing a stretch limousine into
interstate commerce may not deploy for commercial use a
stretch limousine unless the stretch limousine operator has
prominently disclosed in a clear and conspicuous notice,
including on its website to the extent the stretch limousine
operator uses a website, that includes--
(1) the date of the most recent inspection of the stretch
limousine required under State or Federal law;
(2) the results of the inspection; and
(3) any corrective action taken by the stretch limousine
operator to ensure the stretch limousine passed inspection.
(b) Federal Trade Commission Enforcement.--A violation of
subsection (a) shall be treated as a an unfair or deceptive
act or practice within the meaning of section 5(a)(1) of the
Federal Trade Commission Act (15 U.S.C. 45(a)(1)). The
Federal Trade Commission shall enforce this section in the
same manner, by the same means, and with the same
jurisdiction, powers, and duties as though all applicable
terms and provisions of the Federal Trade Commission Act were
incorporated into and made a part of this Act.
(c) Savings Provision.--Nothing in this section shall be
construed to limit the authority of the Federal Trade
commission under any other provision of law.
[[Page S5849]]
(d) Effective Date.--This section shall take effect 180
days after the date of enactment of this Act.
SEC. 8. EVENT DATA RECORDERS FOR STRETCH LIMOUSINES.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary, acting through the
Administrator of the National Highway Traffic Safety
Administration, shall issue a final rule requiring the use of
event data recorders for stretch limousines.
(b) Privacy Protections.--Any standard promulgated under
subsection (a) pertaining to event data recorder information
shall comply with the collection and sharing requirements
under the FAST Act (Public Law 114-94).
______
By Mrs. FEINSTEIN (for herself and Mr. Graham):
S. 2612. A bill for the relief of Maria Isabel Bueso Barrera, Alberto
Bueso Mendoza, and Karla Maria Barrera De Bueso; to the Committee on
the Judiciary.
Mrs. FEINSTEIN. Mr. President, today I am introducing a bill with
Senate Judiciary Chairman Lindsay Graham for the private relief of
Maria Isabel Bueso Barrera and her parents. Ms. Bueso is a Guatemalan
national living in Concord, California. She has a rare medical
condition and her removal from the United States would deprive her of
lifesaving medical care.
Ms. Bueso suffers from a rare, life-threatening disorder called
Mucopolysaccharidosis Type VI (MPS-VI)--a rare genetic condition caused
by the absence of an enzyme that is needed for the growth of healthy
bones and connective tissues. Ms. Bueso uses a wheelchair for mobility,
has a shunt in her brain, and requires a tracheotomy to help her
breathe.
In 2003, Ms. Bueso and her family came to the United States at the
invitation of doctors who were conducting a clinical trial to treat her
condition. That trial led to Food and Drug Administration approved
treatment for MPS-VI. Ms. Bueso now receives this life-saving treatment
every week at UCSF Children's Hospital in Oakland, CA, where she
undergoes a 6-hour infusion of a prescription drug that replaces the
enzyme that people with MPS-VI lack. Ms. Bueso has participated in six
other medical trials.
For the past 10 years, Isabel and her family received deferred action
from U.S. Citizenship and Immigration Services so that she could
continue receiving the treatments that keep her alive. This treatment
is not available in Guatemala.
On August 13, 2019, USCIS notified Ms. Bueso and her family that
their extensions of deferred action were denied, and that they would be
deported if they did not leave the United States within 33 days. This
decision was effectively a death sentence for Ms. Bueso. On September
3, 2019, USCIS announced that they would reconsider her case, but a
final decision has not been made.
Ms. Bueso has beaten the odds because of the life-saving treatment
that she has received in the United States. She is now 24 years old,
and a 2018 graduate of California State University, East Bay. She has
become an outspoken advocate on behalf of people with rare diseases.
Her family pays taxes, owns a home, and is active in their community.
The Bueso family should be allowed to remain in California, where
they will continue to enrich their community, and where Isabel will be
able to receive the care that allows her to survive and thrive.
The legislation that Chairman Graham and I are introducing today
would provide a permanent solution for Isabel and her parents. I ask my
colleagues to support this private bill, which makes the Bueso family
eligible for issuance of an immigrant visa or for adjustment of status.
Mrs. FEINSTEIN. 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. 2612
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 MARIA ISABEL BUESO
BARRERA, ALBERTO BUESO MENDOZA, AND KARLA MARIA
BARRERA DE BUESO.
(a) In General.--Notwithstanding subsections (a) and (b) of
section 201 of the Immigration and Nationality Act (8 U.S.C.
1151), Maria Isabel Bueso Barrera, Alberto Bueso Mendoza, and
Karla Maria Barrera De Bueso shall each be eligible for
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 (8 U.S.C. 1154) or for
adjustment of status to lawful permanent resident.
(b) Adjustment of Status.--If Maria Isabel Bueso Barrera,
Alberto Bueso Mendoza, or Karla Maria Barrera De Bueso enters
the United States before the filing deadline specified in
subsection (c), Maria Isabel Bueso Barrera, Alberto Bueso
Mendoza, or Karla Maria Barrera De Bueso 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) Application and Payment of Fees.--Subsections (a) and
(b) shall apply only if the applications for issuance of
immigrant visas or the applications for adjustment of status
are filed with appropriate fees not later than two years
after the date of the enactment of this Act.
(d) Reduction of Immigrant Visa Numbers.--Upon the granting
of immigrant visas or permanent resident status to Maria
Isabel Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria
Barrera De Bueso, the Secretary of State shall instruct the
proper officer to reduce by three, during the current or next
following fiscal year--
(1) the total number of immigrant visas that are made
available to natives of the country of birth of Maria Isabel
Bueso Barrera, Alberto Bueso Mendoza, and Karla Maria Barrera
De Bueso under section 203(a) of the Immigration and
Nationality Act (8 U.S.C. 1153(a)); or
(2) if applicable, the total number of immigrant visas that
are made available to natives of the country of birth of
Maria Isabel Bueso Barrera, Alberto Bueso Mendoza, and Karla
Maria Barrera De Bueso under section 202(e) of such Act (8
U.S.C. 1152(e)).
(e) PAYGO.--The budgetary effects of this Act, for the
purpose of complying with the Statutory Pay-As-You-Go Act of
2010, shall be determined by reference to the latest
statement titled ``Budgetary Effects of PAYGO Legislation''
for this Act, submitted for printing in the Congressional
Record by the Chairman of the Senate Budget Committee,
provided that such statement has been submitted prior to the
vote on passage.
______
By Mr. SASSE:
S.J. Res. 58. A joint resolution expressing support for freedom of
conscience; read the first time.
Mr. SASSE. Mr. President, I come to the floor today to ask each and
every Member of Congress to answer this simple question: Is it right
for the U.S. Federal Government to get into the business of policing
Muslims', Jews', and Christians' religious beliefs, about whether or
not they are acceptable? Is it the business of the Federal Government
of the United States to determine true and false religion?
Last week, a former Member of Congress now running for President,
didn't blink an eye when he announced that he would strip religious
institutions, colleges, churches, and other not-for-profit service
organizations of their tax-exempt status if they don't agree with his
political positions.
That is a pretty major departure from what America is and what we
usually talk about in this body. So we should pause, and we should call
that what it is. That is extreme intolerance, it is extreme bigotry,
and it is profoundly un-American.
The whole point of America is the First Amendment, and the whole
point of the First Amendment is that, no matter who you love and no
matter how you worship, we believe in America that everyone--everyone--
is created with dignity. This is a fundamental American tenet. It is
why this country was founded.
Because we are all created with dignity, none of us has the right to
dictate the conscience commitments of other people. The freedom of
conscience is a fundamental American belief, and, thankfully,
politicians have no business policing that.
At the end of the day, there are really just two kinds of societies.
There are societies that are about force and power, and there are
societies that are about persuasion, about assembly, and about love.
For more than 230 years, we have decided in this country that we are
the latter. We are a community of persuasion, not primarily a community
of power and force.
In America, we don't think the center of life is defined by
government. We think the frame of life is defined by government.
Abraham Lincoln often, sort of apocryphally summarizing George
Washington, used to talk about the silver frame and the golden apple.
In America, the government is just the silver
[[Page S5850]]
frame. It is the structure that defines the framework for the order of
liberty so that the golden apple--the good, the true, and the
beautiful, the things that you love and that you want to build--you go
do by persuading people to join with you in a cause. Government doesn't
define the center.
Washington, DC, is not the center of American life. Washington, DC,
is supposed to be a servant community that exists to maintain a
framework for the order of liberty and guards us against enemies,
foreign and domestic, so that your household and your neighborhood and
your place of worship can be the center of life.
We are not Chinese Communists who take Uighurs and throw them into
camps. We are not Russian oligarchs who tell journalists what they can
and can't write. We are not Venezuelan strongmen who beat the hell out
of protesters. We are Americans. And in America, we disagree about many
things. We disagree profoundly and vigorously, but then we come
together and create a system where we work out our differences not with
fists but with words. We work out our differences with civility and
tolerance and respect and persuasion.
All of this starts with the First Amendment. The five freedoms of the
First Amendment--religion, speech, press, assembly, and protest--define
who we are as a people and what we believe in common. And guess what.
You can't separate these five. These five freedoms are all in the same
amendment for a reason--because if one of them falls, they all fall.
They stand or fall together, and you are a hypocrite if you pat
yourself on the back for defending one of these five freedoms and then
the next day, when another one is unpopular, say: Well, we don't need
that one; we can throw it overboard. The five freedoms are
interconnected and are interdependent, and they are all in that same
amendment, the First Amendment, for a reason.
These are the rights of conscience that belong together, and they
cannot be taken or policed by government. That means that if a Texas
politician pandering for a sound bite decides to make a boldfaced
threat against Muslims and Jews and Christians--all Americans from
every faith and every walk of life--we have an obligation to come
together and defend our freedoms, so we should do that.
That is what I am on the floor here today to do. I am introducing a
simple resolution today that will give every Member of the Congress--
the House and Senate--the opportunity to tell our constituents whether
we still believe in the First Amendment. It is an opportunity to show
the American people that bigotry against religion in the name of
partisan politics is not permitted in our system of government. This
isn't a Republican or a Democratic premise; this is an American idea,
that we condemn politicians who say they are going to police other
people's religious beliefs. Congress doesn't target or punish
organizations that are exercising constitutionally protected rights.
This really shouldn't be complicated. Government doesn't rifle
through your pastor's or your rabbi's sermon notes. Government doesn't
tell your clerics what they can or can't say. Government doesn't tell
your religious leaders how they will perform their services. Government
doesn't tell you where or when you will worship. Government doesn't
teach our kids how they are to pray. Government doesn't lecture you on
Heaven and Hell. Government's job is not to define true and false
religion. That is something much closer to the center of the frame, the
golden apple. The silver frame is the humble job we have to do in
public life, which is to maintain a framework for ordered liberty so
that Americans, in their neighborhoods and over dinner tables, can try
to persuade each other how to worship and what to believe by arguments,
not by fists and not by the police.
Government doesn't get to do any of that in this country because we
recognize that government is not God. Americans reject the divine right
of Kings, and we reject the infallibility of politics.
Government doesn't try to make an example of your church or your
synagogue or your mosque because some politician decided your views
were out of favor. Your religious organization doesn't get taxed
differently because a politician running for office decides to disagree
with one of your beliefs. Whatever faith you are from in America,
whatever party you are in, we believe in America that all 225 million
of us are created equal, and we believe that whether your faith is
traditional or progressive, it is yours, and it is between you and your
religious community and your God. It is not the domain of politicians.
Government can't force you out of the public square because of the
faith you hold--at least that is what we have always believed in the
past. It is what we believed for more than 200 years. We are not
perfect, of course. We have fallen short of that idealism time and
again. That doesn't mean the ideas of the American founding in the
First Amendment are wrong; it means that our ideals need to be strived
for yet again and reaffirmed.
I want to give every Member of Congress the opportunity in the coming
weeks to do just that. The resolution I am introducing today ought to
get a vote so House and Senate Members can be on record for our
constituents about whether we affirm the First Amendment and in
particular the free exercise of religion and the free assembly clause.
I am going to read it for everyone's benefit. It is pretty short. This
is the resolution being submitted:
Whereas the settlement of the 13 colonies was driven in
part by those seeking refuge from government-sponsored
religious persecution;
Whereas the Framers of the Constitution of the United
States recognized the centrality of freedom of conscience to
the establishment of the United States, enshrining in the
First Amendment to the Constitution of the United States that
``Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press, or the
right of the people peaceably to assemble, and to petition
the Government for a redress of grievances'';
Whereas churches, synagogues, mosques, and other religious
organizations have played a central and invaluable role in
life in the United States; and
Whereas Congress has recognized the importance of religious
institutions by enacting a variety of legal protections for
those institutions, including exemption from income taxes:
Now, therefore, be it
Resolved by the Senate and the House of Representatives of
the United States of America in Congress assembled, That--
(1) the protections of freedom of conscience enshrined in
the First Amendment to the Constitution of the United States
remain central to the experiment of the United States in
republican self-government under the Constitution of the
United States;
(2) government should not be in the business of dictating
what ``correct'' religious beliefs are; and
(3) any effort by the government to condition the receipt
of the protections of the Constitution of the United States
and the laws of the United States, including an exemption
from taxation, on the public policy positions of an
organization is an affront to the spirit and letter of the
First Amendment to the Constitution of the United States.
I don't care what some nitwit said on CNN last week to satisfy his
fringy base and try to get a sound bite in a Presidential debate. The
American people ought to know that this body stands for the historic
First Amendment. That is what we all took an oath to uphold and to
defend, and that is what we ought to vote to affirm again. Let's do it.
S.J. Res. 58
Whereas the settlement of the 13 colonies was driven in
part by those seeking refuge from government-sponsored
religious persecution;
Whereas the Framers of the Constitution of the United
States recognized the centrality of freedom of conscience to
the establishment of the United States, enshrining in the
First Amendment to the Constitution of the United States that
``Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or
abridging the freedom of speech, or of the press; or the
right of the people peaceably to assemble, and to petition
the Government for a redress of grievances'';
Whereas churches, synagogues, mosques, and other religious
organizations have played a central and invaluable role in
life in the United States; and
Whereas Congress has recognized the importance of religious
institutions by enacting a variety of legal protections for
those institutions, including exemption from income taxes:
Now, therefore, be it
Resolved by the Senate and House of Representatives of the
United States of America in Congress assembled, That--
(1) the protections of freedom of conscience enshrined in
the First Amendment to the Constitution of the United States
remain central to the experiment of the United States in
republican self-government under the Constitution of the
United States;
[[Page S5851]]
(2) government should not be in the business of dictating
what ``correct'' religious beliefs are; and
(3) any effort by the government to condition the receipt
of the protections of the Constitution of the United States
and the laws of the United States, including an exemption
from taxation, on the public policy positions of an
organization is an affront to the spirit and letter of the
First Amendment to the Constitution of the United States.
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