Volume 154, No. 95 covering the 2nd Session of the 110th Congress (2007 - 2008) was published by the Congressional Record.
The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“STATEMENTS ON INTRODUCED BILLS AND JOINT RESOLUTIONS” mentioning the Environmental Protection Agency was published in the Senate section on pages S5449-S5455 on June 10, 2008.
The publication is reproduced in full below:
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.''.
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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 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.
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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.
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.
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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. 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.
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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.
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.
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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.
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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.
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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.
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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.
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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.
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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.
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.
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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.
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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.
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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.
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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.
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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.
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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.
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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. 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.
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