For the relief of Hotaru Nakama Ferschke.

Mr. President, I will vote to approve this conference agreement to provide over $33 billion for a variety of energy and water infrastructure projects and programs. Michigan is surrounded by the Great Lakes, and the funding provided in this conference report to the Army Corps to maintain the navigational infrastructure and to clean up and protect the Great Lakes is especially important. Michigan also will benefit from the investments in clean energy technologies and energy efficiency programs provided in this bill that will help create a more sustainable economy while producing quality jobs.

The conference report includes important funding for a wide range of energy research and technology development at the Department of Energy, including advanced vehicle technologies, hydrogen and fuel cell technologies, wind and solar energy technologies, and biomass and biorefinery systems. This conference report also includes funding for critical areas of science including high energy and nuclear physics, biological and environmental research, and advanced scientific computing research. Research and technology development in these groundbreaking areas of energy and science will continue our nation's advancement toward greater use of technologies that will reduce our dependence on oil, reduce our carbon footprint and greenhouse gas emissions, and increase our reliance on our home-grown renewable resources. Federal Government support of research and development in these technology areas will also help ensure that our companies remain competitive in the global marketplace and ensure that the U.S. remains on the competitive edge of technology development and scientific discovery.

I am particularly pleased that the conference report includes $12 million in funding for research and development, conceptual design and engineering for the Facility for Rare Isotope Beams, FRIB, to be built at Michigan State University. Inclusion of this funding in the conference report is critical to moving forward with this facility. Under the Department's current plans, engineering work would continue in fiscal year 2011, with initial design work beginning in fiscal year 2011 and continuing into fiscal year 2012. Construction of the facility would begin in fiscal year 2013. MSU has solid and well-known expertise in the field of rare isotopes and nuclear physics, with the largest nuclear physics faculty in the nation and a nuclear physics graduate program ranked number two in the U.S., second only to MIT. MSU is currently the home of the National Superconducting Cyclotron Laboratory, NSCL, which is the most advanced rare isotope accelerator in the U.S. and is the largest nuclear science facility on a university campus. FRIB is the next generation rare isotope facility and the Department of Energy's decision in December 2008 to select MSU for FRIB is an indication of the university's preeminence in this field.

I am also pleased that the conference report includes funding for several important energy projects in Michigan that will advance the development of technologies including advanced batteries and energy storage systems, plug-in hybrid vehicles, solar and photovoltaic systems, wind energy, biomass, and energy efficiency. Michigan companies and universities are well-positioned to contribute to the development of these advanced technologies, offering both significant expertise in these technology areas and a highly trained workforce to carry out the manufacture and production of these technologies.

About 180 million tons of goods are transported to and from Great Lakes harbors and ports each year, providing fuel to heat and cool homes and businesses, limestone and cement to build roads and buildings, iron ore to produce steel, and grain to feed our Nation and for export overseas. Throughout the Great Lakes, there are significant dredging and other operation and maintenance needs so that freighters can safely deliver these vital commodities. There is a significant backlog in the work required to maintain the Great Lakes navigational system. The Army Corps estimates there is a backlog of 17 million cubic yards of material that needs to be dredged in the Great Lakes, which is estimated to cost to about $200 million, to restore

the full functionality of the navigational system. The conference report includes an additional $6 million above the administration's budget to address this dredging backlog at Michigan harbors and waterways, and attend to other operations and maintenance needs, including repair and renovation of breakwaters, improvements to locks, and disposal of dredged materials.

An important element of the Great Lakes navigational system is the Soo Locks, which connects Lake Superior with Lakes Huron and Michigan. Every year, over 80 million tons of commodities pass through the Soo Locks, the bulk of which move through the Poe Lock, the larger of the two operational Soo locks. To ensure shipping is not impeded at the Soo Locks, it is important that another Poe-sized lock be built. Construction on the new lock began this past July, and it is important that this project be completed so that vital industrial and agricultural shipments are not impeded. The conference report includes about $1 million for this project, which is barely a dent in what is needed for this project; the Army Corps estimated that it could use about $100 million in fiscal year 2010 for this $500 million project. I will continue to urge the Administration to include funding for this important project in their budget, and I am glad the conference report also makes this strong recommendation. The conference report states that ``the conferees are deeply concerned that despite congressional support for the project, the support of the states in the region, and the fact that the Army Corps of Engineers recognizes the Soo Locks as the `single point of failure' that can cripple Great Lakes shipping, the administration has failed to include funding for a second large lock, either under the authority provided in the American Recovery and Reinvestment Act, ARRA, or in its budget request for fiscal year 2010.'' I hope this lack of funding will be rectified in next year's budget.

This bill includes important funding for several Great Lakes programs including the Great Lakes Fishery and Ecosystem Restoration Program, Remedial Action Planning Technical Assistance, and the Sediment Transport Models and Sediment Management Planning program. These programs will help restore and protect the Great Lakes.

I am also pleased that the bill includes over $6 million for the Corps' work to prevent the introduction of Asian carp and other invasive species into the Great Lakes. Invasive species can dramatically change the fishery and ecosystem by outcompeting native species for food and habitat. Asian carp are particularly devastating because they consume so much food and reproduce quickly. This funding will allow the Corps to operate the barrier project and begin work on a study to consider options to improve the barrier projects' efficacy. The conference report also provides authority for the Corps to take measures to prevent Asian carp from bypassing the electric dispersal barrier. This authority is needed because just recently, the Corps discovered that the Asian carp had moved upstream in the Des Plaines River, and if the Des Plaines River floods, which it does regularly, the floodwaters could carry Asian carp into the Chicago Sanitary and Ship Canal above the dispersal barrier. It is critical that the Corps do what it can to prevent the introduction of Asian carp into the Great Lakes.

The bill also provides funding for a variety of other water infrastructure and environmental restoration projects in Michigan. Funding is provided for two wastewater projects in Michigan--one in Genesee County and the other in the city of Negunee in Michigan's Upper Peninsula. Improving sewer systems is important not only for public health, but also to eliminate untreated discharge into surface waters. Two Michigan flood control projects will also benefit from passage of this bill. The aging Hamilton Dam in the city of Flint will benefit from $240,000 that will enable the Army Corps to plan how to improve this dam that is in danger of failing. Flood control improvements at the Cass River in Spaulding Township are identified to receive priority funding from the Army Corps. Funding is also provided for three environmental restoration projects in Michigan. Funding of $90,000 will be used by the Army Corps to continue its partnership with the city of Lansing in the Grand River waterfront restoration project, which includes a range of projects, such as shoreline and ecosystem restoration, as well as recreational elements. I am pleased that $100,000 is included to implement the Lake St. Clair Management Plan. Lake St. Clair and the St. Clair River that are part of the connecting channel in the Great Lakes and have been plagued by invasive species, pollution, urban sprawl, and sewer overflows. The funding in the bill will allow the Corps to move forward to finally implement on-the-ground restoration projects which are very much needed.

This appropriations bill will help move our country towards greater energy security, advance technology to strengthen our manufacturing and international competitiveness, improve our shipping and boating infrastructure, and improve the environment, and I support its passage.

Madam Speaker, I move to suspend the rules and pass the bill (S. 1774) for the relief of Hotaru Nakama Ferschke.

Madam Speaker, I ask unanimous consent that all Members may have 5 legislative days to revise and extend their remarks and include extraneous material on the bill under consideration.

Madam Speaker, I yield myself such time as I may consume.

S. 1774 is an immigration relief bill for Hotaru Nakama Ferschke. By now the story of Mrs. Ferschke and her late husband, Marine Sergeant Michael H. Ferschke, Jr., should be well known to Members of the House.

The couple met in March 2007 when Sergeant Ferschke was stationed at Camp Schwab in Okinawa, Japan. They dated for more than 1 year before Sergeant Ferschke was deployed to Iraq. Shortly before his departure, they learned that they were going to have a baby. They spoke about getting married, moving back to the United States, and raising a family together.

Two months after arriving in Iraq, they were married through a ceremony conducted over the telephone. But just 1 month later, Sergeant Ferschke tragically lost his life in combat.

The United States military recognizes the couple's marriage for purposes of providing Mrs. Ferschke with a death gratuity. But our immigration laws recognize only proxy marriages that have been consummated, something this couple was never able to do following the marriage. As a result, Mrs. Ferschke has been unable to move to the United States on an immigrant visa, and her hopes of raising their son with the love and support of Sergeant Ferschke's family have been thwarted.

Last month, the House passed H.R. 6397, the Marine Sergeant Michael H. Ferschke, Jr. Memorial Act. The purpose of that bill was to fix Mrs. Ferschke's situation and to ensure that no other family is left in a similar situation. Because that bill remains stuck in the Senate, a relief bill for Mrs. Ferschke is the only way to right this wrong.

I commend Senators Webb, Alexander, Corker, and Udall for introducing this bill in the Senate, and Representative John Duncan for his work on a companion bill in the House. I would also recognize Judiciary Committee Chairman John Conyers, Immigration Subcommittee Chairwoman Zoe Lofgren, and Judiciary Committee Ranking Member Lamar Smith for helping to move this bill to the floor.

I urge my colleagues to support this important legislation.

U.S. Department of Homeland

Security,

Washington, DC., March 5, 2010.

Hon. Zoe Lofgren,

Chair, Subcommittee on Immigration, Citizenship, Refugees,

Border Security, and International Law Committee on the

Judiciary, House of Representatives, Washington, DC.

Dear Madam Chair: In response to your request for a report

relative to H.R. 3182, private legislation for the relief of

Hotaru Nakama Ferschke, enclosed is a memorandum of

information concerning the beneficiary. This report is an

update of one previously provided your committee on February

26, 2010, revised to reflect additional information provided

by your staff.

The bill provides that the beneficiary shall 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 the Immigration and Nationality Act or

for adjustment of status to lawful permanent resident.

We hope the information provided is useful. Please do not

hesitate to call me if you have additional questions.

Sincerely,

Elliot Williams,

Director.

Department of Homeland Security

U.S. Immigration and Customs Enforcement

Memorandum of Information for H.R. 3182, 111th Congress

On July 10, 2009, Rep. John Duncan (R-TN) introduced H.R.

3182, private legislation to provide immigration relief for

Mrs. Hotaru Ferschke. This is the first private bill filed on

her behalf.

The beneficiary is the widow of Michael Harvey Ferschke,

Jr., a United States Marine who was killed-in-action August

10, 2008, as a result of a gunshot wound received as a member

of a dismounted patrol that was conducting combat operations

in Tikrit, Iraq. Mr. Ferschke passed away before an I-130

immediate relative petition could be filed on Ms. Ferschke's

behalf.

Mrs. Hotaru Ferschke was born on October 20, 1983, and is a

native and citizen of Japan. Mrs. Hotaru Ferschke has entered

the United States 3 times as a temporary visitor. She entered

the United States on December 12, 2007, August 15, 2008, and

February 27, 2009. Each time she came to the U.S. she

complied with the terms of her visa and departed before her

visa expired. Ms. Ferschke has never been placed in removal

proceedings or ordered removed.

Mrs. Hotaru Ferschke met her husband while he was stationed

at the U.S. Marine base in Okinawa, Japan. They traveled to

the United States from December 22, 2007, through December

30, 2007, for the Christmas holiday, where she met Michael's

parents, Mr. Michael H. Ferschke, and Mrs. Robin Ferschke.

When Michael Ferschke, Jr. received orders to deploy to Iraq,

Hotaru, who was pregnant, remained in Okinawa. Michael

Ferschke Jr. and Hotaru Nakama were married via

teleconference on July 10, 2008, while he was in Iraq and she

was in Japan. One month later, Michael was killed during

Operation Iraqi Freedom in support of the Global War on

Terrorism.

On August 15, 2008, Mrs. Hotaru Ferschke returned to the

United States to attend the funeral for her late husband in

Maryville, Tennessee. She returned to Okinawa on August 31,

2008.

On January 9, 2009, Mrs. Hotaru Ferschke gave birth to a

son, Michael Harvey Ferschke III at the Chatan Hospital,

Okinawa, Japan, and on February 27, 2009, she brought her

newborn son to the United States. When in the United States,

they reside with her late husband's parents in Tennessee.

Neighbors have welcomed Hotaru and her new son into the

community.

Mrs. Ferschke is the daughter of Mr. Masaaki and Mrs.

Takako Nakama, both of whom are natives and citizens of

Japan. Mrs. Hotaru Ferschke resides with her mother and

grandmother, Mitsu Shinzato. Mrs. Hotaru Ferschke is one of

four children, between sisters, Madoka Kudaka and Reika

Nakama and her half-sister NaNami Nakama. Mrs. Hotaru

Ferschke attended Okinawa Christian Junior College where she

majored in English.

Mrs. Hotaru Ferschke is currently employed as an

Administrative Specialist with the United States Army's 83rd

Ordnance Battalion CASB, Kadena Air Base Okinawa, Japan where

she has been employed since August 2007. Prior to her

employment with the 83rd Ordnance Battalion she was employed

at the Camp Courtney Commissary, Unit 5156, as a sales clerk.

Her annual salary is estimated to be $24,000.00 per year.

Mrs. Hotaru Ferschke has seen substantial support from the

community here in the United States. Mrs. Hotaru Ferschke is

not employed in the United States. She is a new member of the

American Widows Project, a support group for the wives and

husbands of fallen U.S. soldiers. Record checks concerning

criminal activity with U.S. Federal, state, and local law

enforcement agencies revealed no derogatory information.

Commercial databases revealed no known debts or encumbrances,

foreign or domestic. Inquiries with neighbors of Mr. Michael

H. Ferschke and Mrs. Robin Ferschke regarding Hotaru Ferschke

revealed no derogatory information.

I reserve the balance of my time.

Madam Speaker, I reserve the balance of my time.

Madam Speaker, I yield back the balance of my time.

Madam Speaker, I thank the gentlewoman from California (Ms. Chu) and the gentleman from Texas (Mr. Poe) for their work in bringing this bill to the floor at this time.

As has been described, this is a private relief bill attempting to allow the young widow of a marine who was killed in combat in Iraq to bring the couple's young son and come to live with the marine's family in the State of Tennessee in my district.

While everyone has supported this bill every step of the way, it has run into some technical or procedural difficulties that have delayed it until this point. As has previously been stated, I would like, as Ms. Chu did, to thank particularly Senator Alexander and Senator Webb who have taken such a personal interest in this bill on the Senate side, and I would like to once again thank the House for passing the general bill last month.

Mrs. Ferschke, the mother of this soldier, first came to see me about this in December of 2008. Early in this Congress, we introduced a private relief bill. It took a few months to get the necessary information and complete the required paperwork, but this private bill was taken up by the Subcommittee on Immigration in the Judiciary Committee on July 23, 2009. At that time it received the support of both Chairwoman Lofgren and Ranking Member King, both of whom I would also like to thank. However, at that point there were some objections to doing private bills in the other body, and so at the direction of the staff of the Judiciary Committee, both majority and minority, we attempted to do an amendment to the Defense bill. However, some of the people on the Rules Committee, while supporting the bill, did not feel it was germane to the Defense bill, which we also had to agree with, but we were doing that at the direction of others. But I also would like to thank the gentleman from Massachusetts (Mr. McGovern) because hearing about this at the Rules Committee, he took a special and personal interest in this bill also.

We then introduced a general bill, once again working with the staff of the Judiciary Committee, whom I would also like to thank. That bill was passed last month in the House, but we ran into some objections here, and that is why we are back here today on this private relief bill.

Hotaru Ferschke, as has been stated, is the widow of the late Sergeant Michael Ferschke of the U.S. Marine Corps. She was born on October 20, 1983, in Okinawa, Japan. In March 2007, as Ms. Chu said, when Sergeant Ferschke was stationed in Okinawa, he met her at a mutual friend's party. They dated for more than a year before Sergeant Ferschke was deployed to Iraq in April 2008. Shortly before Sergeant Ferschke deployed, the couple learned that Hotaru was pregnant. Sergeant Ferschke's parents and members of his military unit in Iraq have attested to the fact that the couple already had planned to marry before Hotaru became pregnant and had decided to live and raise their future family in the United States.

The couple was married by proxy, by telephone, by a military chaplain in July of 2008 while Sergeant Ferschke was in Iraq. But 1 month later, in August of 2008, Sergeant Ferschke was killed in combat. Although the marriage is legally valid and recognized by the military, in order for Mrs. Ferschke to be recognized as Sergeant Ferschke's spouse for immigration purposes, the marriage itself would have had to have been consummated. Under the circumstances, this wasn't possible. The law makes no allowance to the fact that Mrs. Ferschke was already pregnant with her husband's child before the marriage ceremony took place.

I could go on and tell additional details, but I'll just leave those for the statement that I have and say that this is something that I think everyone has wanted to support all through this, and it is a great moment for this family to hopefully finally complete this at this time at the tail end of this Congress. And so I urge my colleagues to support this very worthwhile legislation.

Mr. President, I ask unanimous consent that at 2:15 p.m. today, all postcloture time be yielded back and the Senate then proceed to vote on adoption of the conference report to accompany H.R. 3183, the Energy and Water Appropriations Act; further, that no points of order be in order.

Mr. President, we will vote in about 4 minutes. I want to note that yesterday's cloture vote had 79 votes in favor of cloture. Clearly, there is strong support for this energy and water conference report. It provides an investment in water and energy projects across the country. It is fiscally responsible. It is slightly less than 1 percent above last year's expenditure.

What I wanted to say, however, is we that had to invoke cloture, which took us two days. Even though we had a cloture vote yesterday clearly demonstrating very substantial support for the bill, we have now sat at parade rest for almost 30 hours because someone insisted on 30 hours postcloture despite the fact that we will have a strong vote for this conference report.

The reason for the insistence on 30 hours occurred was because the conference report did not include one amendment that was accepted in the Senate offered by one of my colleagues. I supported that amendment by the way. We were not able to get that through the conference with the House. It urged greater transparency on reports from the Energy Department. I regret that is not in the conference report, but the House would not accept it. Because of that, we have now been sitting around for the better part of a week, 30 hours postcloture.

My point is that we have to get appropriations bills moving. Apparently, it does not mean anything to some people. If their amendment did not get in the conference report, they don't mind holding up the Senate for a part of a week. That doesn't mean much to some people.

I just wish we would have a little more cooperation. The very same people who said we ought to get our work done by passing appropriations bill and avoiding omnibus bills are the same ones who hold up the Senate. If we could get a little bit of cooperation, we could get these appropriations bills completed.

This is a good bill. It makes very significant and important investments all around the country in water infrastructure and energy projects. The fact is, it is less than 1 percent above last year's spending level. No one is going to take a look at this bill and suggest it overspends. It does not.

One of my colleagues talked about earmarks in the bill. The fact is, we can take out all the earmarks, and there are some in here. It is the case that Congress has a role to decide both through the water development authorizing bill and also in the appropriations conference report before us where it wants to invest its money in major water projects across the country. If the Congress decided not to do that, every single penny would go downtown to the agency, and some GS-14 would decide where to do that. All this talk about earmarks is not going to save a penny. The fact is, we have substantially cut back on earmarks and have made them transparent.

My point mainly is that we are going to vote in a minute. We could have voted on this already, but we had to file cloture, then wait 30 hours. It is reflective of what is happening in this Chamber. Regrettably, there is very little cooperation.

Mr. President, I yield the floor.

Madam Speaker, as Chairwoman of the House Immigration Subcommittee, I first learned about Hotaru Ferschke and her late-husband, Marine Sergeant Michael H. Ferschke, Jr., when the Subcommittee formally met to consider H.R. 3182, a private immigration bill introduced by Representative John Duncan. The Ferschke case highlighted a little-known provision in our immigration laws, which states that when a marriage takes place between two persons who cannot both be physically present during the ceremony, the marriage is not valid unless and until it is consummated. The provision allows no exceptions, even where the bona fides of the marriage is recognized for other purposes and consummation of the relationship prior to marriage can be demonstrated beyond a shadow of a doubt.

Last month, I joined Representatives Duncan, Jim McGovern, and Lamar Smith in offering H.R. 6397, a bill that would amend this provision of our immigration laws to account for situations--like the one presented here--where the failure to consummate such a marriage was the result of service abroad in the United States Armed Forces. I was pleased that the House passed that bill by voice vote, but we now must await final passage in the Senate.

In the meantime, S. 1774 provides the only means by which Hotaru Ferschke will be able to obtain lawful permanent residence in the United States, so that she may raise her son--Mikey--in the country for which his father gave his life.

Moreover, as the House is poised to pass the first private immigration bills that will be sent to the President in 6 years, it is worth making some brief remarks about such bills more generally. Private legislation is perhaps the narrowest, most targeted form of relief that Congress can provide. Private immigration bills have long been recognized as necessary in compelling circumstances where the inflexible application of existing law would lead to extraordinary hardship. Such bills also can help Congress identify systemic problems with our laws.

This country has a long history of passing private immigration legislation. According to the Congressional Research Service, from 1936-2004, at least one private immigration law was enacted in each Congress. During the Cold War, Congress enacted well over 1,000 private immigration laws.

This long history came to a grinding halt in the 109th Congress, when Congress failed to enact a single private immigration law. The same was true of the 110th Congress and, until just recently, the 111th.

The Senate's passage of the two immigration relief bills before us today--S. 4010 and S. 1774--is therefore important not only for the two beneficiaries of the bills and their family members, but also for the private bill process itself. Our immigration laws are broken--there can be no doubt about that--and I am a firm believer that those laws must be reformed. But even a perfect set of laws will occasionally result in cases of extraordinary hardship, for which an individual exception to the law may be necessary. Private immigration relief bills have played a significant role in our history, and I am hopeful that they will continue to play such a role after today's important votes.