[Congressional Record Volume 152, Number 61 (Wednesday, May 17, 2006)]
[Senate]
[Pages S4711-S4724]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4037. Mr. LEVIN (for himself, Ms. Stabenow, and Mr. Kennedy) 
submitted an amendment intended to be proposed by him to the bill S. 
2611, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 63, strike lines 14 through 16 and insert the 
     following:
       (a) Denial or Termination of Asylum.--Section 208 (8 U.S.C. 
     1158) is amended--
       (1) in subsection (b)--
       (A) in paragraph (2)(A)(v), by striking ``or (VI)'' and 
     inserting ``(V), (VI), (VII), or (VIII)''; and
       (B) by adding at the end the following:
       ``(4) Changed country conditions.--An alien seeking asylum 
     based on persecution or a well-founded fear of persecution 
     shall not be denied asylum based on changed country 
     conditions unless fundamental and lasting changes have 
     stabilized the country of the alien's nationality.'';
       (2) in subsection (c)(2)(A), by striking ``a fundamental 
     change in circumstances'' and inserting ``fundamental and 
     lasting changes that have stabilized the country of the 
     alien's nationality''; and
       (3) in subsection (d)(5), by adding at the end the 
     following:
       ``(C) Motion to reopen.--If an application for asylum filed 
     before the effective date of this subparagraph is denied 
     based on changed country conditions, the alien who filed such 
     an application may file a single motion to reopen the 
     administrative adjudication of the asylum application. 
     Subsection (b)(4) shall apply to any adjudication reopened 
     under this subparagraph.''.
                                 ______
                                 
  SA 4038. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 264, strike lines 13 through 20.
       On page 370, line 21, strike ``this subsection'' and insert 
     ``paragraphs (2) and (3)''.
       On page 371, between lines 14 and 15, insert the following:
       ``(5) State impact assistance fee.--
       ``(A) In general.--In addition to any other amounts 
     required to be paid under this subsection, an alien shall 
     submit, at the time

[[Page S4712]]

     the alien files an application under this section, a State 
     impact assistance fee equal to--
       ``(i) $750 for the principal alien; and
       ``(ii) $100 for the spouse and each child described in 
     subsection (a)(2).
       ``(B) Use of fee.--The fees collected under subparagraph 
     (A) shall be deposited in the State Impact Assistance Account 
     established under section 286(x).
       On page 389, between lines 6 and 7, insert the following:
       ``(3) State impact assistance fee.--
       ``(A) In general.--In addition to any other amounts 
     required to be paid under this subsection, an alien seeking 
     Deferred Mandatory Departure status shall submit, at the time 
     the alien files an application under this section, a State 
     impact assistance fee equal to $750.
       ``(B) Use of fee.--The fees collected under subparagraph 
     (A) shall be deposited in the State Impact Assistance Account 
     established under section 286(x).
       On page 389, between lines 21 and 22, insert the following:
       ``(3) State impact assistance fee.--
       ``(A) In general.--In addition to any other amounts 
     required to be paid under this subsection, the spouse and 
     each child of an alien seeking Deferred Mandatory Departure 
     status shall submit a State impact assistance fee equal to 
     $100.
       ``(B) Use of fee.--The fees collected under subparagraph 
     (A) shall be deposited in the State Impact Assistance Account 
     established under section 286(x).
       On page 395, after line 23, add the following:
       (e) State Impact Assistance Account.--Section 286 (8 U.S.C. 
     1356) is amended by inserting after subsection (w) the 
     following:
       ``(x) State Impact Assistance Account.--
       ``(1) Establishment.--There is established in the general 
     fund of the Treasury a separate account, which shall be known 
     as the `State Impact Assistance Account'.
       ``(2) Source of funds.--Notwithstanding any other provision 
     under this Act, there shall be deposited as offsetting 
     receipts into the State Impact Assistance Account all State 
     impact assistance fees collected under section 245B(m)(5) and 
     subsections (j)(3) and (k)(3) of section 245C.
       ``(3) Use of funds.--Amounts deposited into the State 
     Impact Assistance Account may only be used to carry out the 
     State Impact Assistance Grant Program established under 
     paragraph (4).
       ``(4) State impact assistance grant program.--
       ``(A) Establishment.--The Secretary of Health and Human 
     Services, in consultation with the Secretary of Education, 
     shall establish the State Impact Assistance Grant Program 
     (referred to in this section as the `Program'), under which 
     the Secretary may award grants to States to provide health 
     and education services to noncitizens in accordance with this 
     paragraph.
       ``(B) State allocations.--The Secretary of Health and Human 
     Services shall annually allocate the amounts available in the 
     State Impact Assistance Account among the States as follows:
       ``(i) Noncitizen population.--Eighty percent of such 
     amounts shall be allocated so that each State receives the 
     greater of--

       ``(I) $5,000,000; or
       ``(II) after adjusting for allocations under subclause (I), 
     the percentage of the amount to be distributed under this 
     clause that is equal to the noncitizen resident population of 
     the State divided by the noncitizen resident population of 
     all States, based on the most recent data available from the 
     Bureau of the Census.

       ``(ii) High growth rates.--Twenty percent of such amounts 
     shall be allocated among the 20 States with the largest 
     growth rates in noncitizen resident population, as determined 
     by the Secretary of Health and Human Services, so that each 
     such State receives the percentage of the amount distributed 
     under this clause that is equal to--

       ``(I) the growth rate in the noncitizen resident population 
     of the State during the most recent 3-year period for which 
     data is available from the Bureau of the Census; divided by
       ``(II) the average growth rate in noncitizen resident 
     population for the 20 States during such 3-year period.

       ``(iii) Legislative appropriations.--The use of grant funds 
     allocated to States under this paragraph shall be subject to 
     appropriation by the legislature of each State in accordance 
     with the terms and conditions under this paragraph.
       ``(C) Funding for local government.--
       ``(i) Distribution criteria.--Grant funds received by 
     States under this paragraph shall be distributed to units of 
     local government based on need and function.
       ``(ii) Minimum distribution.--Except as provided in clause 
     (iii), a State shall distribute not less than 30 percent of 
     the grant funds received under this paragraph to units of 
     local government not later than 180 days after receiving such 
     funds.
       ``(iii) Exception.--If an eligible unit of local government 
     that is available to carry out the activities described in 
     subparagraph (D) cannot be found in a State, the State does 
     not need to comply with clause (ii).
       ``(iv) Unexpended funds.--Any grant funds distributed by a 
     State to a unit of local government that remain unexpended as 
     of the end of the grant period shall revert to the State for 
     redistribution to another unit of local government.
       ``(D) Use of funds.--States and units of local government 
     shall use grant funds received under this paragraph to 
     provide health services, educational services, and related 
     services to noncitizens within their jurisdiction directly, 
     or through contracts with eligible services providers, 
     including--
       ``(i) health care providers;
       ``(ii) local educational agencies; and
       ``(iii) charitable and religious organizations.
       ``(E) State defined.--In this paragraph, the term `State' 
     means each of the several States of the United States, the 
     District of Columbia, the Commonwealth of Puerto Rico, the 
     Virgin Islands, Guam, American Samoa, and the Commonwealth of 
     the Northern Mariana Islands.
       (F) Certification.--In order to receive a payment under 
     this section, the State shall provide the Secretary of Health 
     and Human Services with a certification that the State's 
     proposed uses of the fund are consistent with (D).
       (G) Annual Report.--The Secretary of Health and Human 
     Services shall inform the States annually of the amount of 
     funds available to each State under the Program.''.
                                 ______
                                 
  SA 4039. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR 
                   ALIENS OF EXTRAORDINARY ARTISTIC ABILITY.

       Section 214(c) (8 U.S.C. 1184(c)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security''; and
       (2) in paragraph (6)(D)--
       (A) by Striking ``Any person'' and inserting ``(i) Except 
     as provided in clause (ii), any person''; and
       (B) adding at the end the following:
       ``(ii) The Secretary of Homeland Security shall adjudicate 
     each petition for an alien with extraordinary ability in the 
     arts (as described in section 101(a)(15)(O)(i)), an alien 
     accompanying such an alien (as described in clauses (ii) and 
     (iii) of section 101(a)(15)(O)), or an alien described in 
     section 101(a)(15)(P) not later than 30 days after--
       ``(I) the date on which the petitioner submits the petition 
     with a written advisory opinion, letter of no objection, or 
     request for a waiver; or
       ``(II) the date on which the 15-day period described in 
     clause (i) has expired, if the petitioner has had an 
     opportunity, as appropriate, to supply rebuttal evidence.
       ``(iii) If a petition described in clause (ii) is not 
     adjudicated before the end of the 30-day period described in 
     clause (ii) and the petitioner is a qualified nonprofit 
     organization or an individual or entity petitioning primarily 
     on behalf of a qualified nonprofit organization, the 
     Secretary of Homeland Security shall provide the petitioner 
     with the premium-processing services referred to in section 
     286(u), without a fee.''.
                                 ______
                                 
  SA 4040. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 69, strike line 3 and all that follows through 
     ``(G)'' on line 9 and insert ``(F)''.
       On page 69, line 11, strike ``(H)'' and insert ``(G)''.
       On page 71, strike line 19 and all that follows through 
     ``(L)'' on page 78, line 12, and insert the following;
       ``(E) Release on conditions.--If it is determined that an 
     alien should be released from detention, the Secretary may, 
     in the Secretary's discretion, impose conditions on release 
     in accordance with the regulations prescribed pursuant to 
     paragraph (3).
       ``(F) Applicability.--This paragraph and paragraphs (6) and 
     (7) shall apply to any alien returned to custody as if the 
     removal period terminated on the day of the redetention.
       ``(G)
       On page 78, strike line 16 and all that follows through 
     page 79, line 4, and insert the following: ``guidelines 
     established under sections 241.4 and 241.13 of title 8, Code 
     of Federal Regulations.'.''.
       On page 83, lines 17 and 18, strike ``, including 
     classified, sensitive, or national security information;';'' 
     and insert ``;'; and''.
       On page 84, line 6, strike ``; and'' and all that follows 
     through line 17, and insert a period.
       On page 86, lines 10 and 11, strike ``including classified, 
     sensitive, or national security information,''.
       On page 88, strike line 7 and all that follows through 
     ``(3)'' on page 89, line 23, and insert ``(1)''.
       On page 137, strike line 24 and all that follows through 
     ``(2)'' on page 138, line 7, and insert ``(1)''.
       On page 138, line 13, strike ``(3)'' and insert ``(2)''.
       On page 138, strike lines 21 through 23 and insert the 
     following:
       ``(3) Failure to comply with agreement.--If an alien agrees 
     to
       On page 139, line 5, strike ``(i) ineligible'' and insert 
     the following:
       ``(A) ineligible

[[Page S4713]]

       On page 139, line 7, strike ``(ii) subject'' and insert the 
     following:
       ``(B) subject
       On page 139, line 9, strike ``(iii) subject'' and insert 
     the following:
       ``(C) subject
       On page 139, line 11, strike the period at the end and all 
     that follows through ``Secretary'' on page 140, line 6.
       On page 141, line 10, strike the period at the end and all 
     that follows through ``protection'' on page 142, line 3.
                                 ______
                                 
  SA 4041. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. JUDICIAL REVIEW OF VISA REVOCATION.

       (a) In General.--Section 221(i) (8 U.S.C. 1201(i)) is 
     amended by striking the last sentence and inserting the 
     following: ``Notwithstanding any other provision of law 
     (statutory or nonstatutory), including sections, 1361, 1651, 
     and 2241 of title 28, United States Code, and any other 
     habeas corpus provision, a revocation under this subsection 
     may not be reviewed by any court, and no court shall have 
     jurisdiction to hear any claim arising from, or any challenge 
     to, such a revocation.'' .
       (b) Effective Date.--The amendment made by subsection (a) 
     shall--
       (1) take effect on the date of enactment of this Act; and
       (2) apply to visa revocations effected before, on, or after 
     the date of enactment of this Act.
                                 ______
                                 
  SA 4042. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. H-1B EMPLOYER FEE.

       Section 214(c)(9)(B) (8 U.S.C. 1184(c)(9)(B)) is amended by 
     striking ``$1,500'' and inserting ``$2,000''.
                                 ______
                                 
  SA 4043. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 260, line 18, strike ``may be required to'' and 
     insert ``shall''.
                                 ______
                                 
  SA 4044. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 385, strike line 21 and all that follows 
     through page 386, line 3, and insert the following:
       ``(B) a fine of $5,000 if the alien does not depart within 
     2 years after the grant of Deferred Mandatory Departure; and
       ``(C) a fine of $10,000 if the alien does not depart within 
     3 years after the grant of Deferred Mandatory Departure.
                                 ______
                                 
  SA 4045. Mr. GRASSLEY (for himself, Mr. Harkin, Mr. Reid, Mr. 
Isakson, and Mr. Chambliss) submitted an amendment intended to be 
proposed by him to the bill S. 2611, to provide for comprehensive 
immigration reform and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ADDRESSING POVERTY IN MEXICO.

       (a) Findings.--Congress finds the following:
       (1) There is a strong correlation between economic freedom 
     and economic prosperity.
       (2) Trade policy, fiscal burden of government, government 
     intervention in the economy, monetary policy, capital flows 
     and foreign investment, banking and finance, wages and 
     prices, property rights, regulation, and informal market 
     activity are key factors in economic freedom.
       (3) Poverty in Mexico, including rural poverty, can be 
     mitigated through strengthened economic freedom within 
     Mexico.
       (4) Strengthened economic freedom in Mexico can be a major 
     influence in mitigating illegal immigration.
       (5) Advancing economic freedom within Mexico is an 
     important part of any comprehensive plan to understanding the 
     sources of poverty and the path to economic prosperity.
       (b) Grant Authorized.--The Secretary of State may award a 
     grant to a land grant university in the United States to 
     establish a national program for a broad, university-based 
     Mexican rural poverty mitigation program.
       (c) Functions of Mexican Rural Poverty Mitigation 
     Program.--The program established pursuant to subsection (b) 
     shall--
       (1) match a land grant university in the United States with 
     the lead Mexican public university in each of Mexico's 31 
     states to provide state-level coordination of rural poverty 
     programs in Mexico;
       (2) establish relationships and coordinate programmatic 
     ties between universities in the United States and 
     universities in Mexico to address the issue of rural poverty 
     in Mexico;
       (3) establish and coordinate relationships with key leaders 
     in the United States and Mexico to explore the effect of 
     rural poverty on illegal immigration of Mexicans into the 
     United States; and
       (4) address immigration and border security concerns 
     through a university-based, binational approach for long-term 
     institutional change.
       (d) Use of Funds.--
       (1) Authorized uses.--Grant funds awarded under this 
     section may be used--
       (A) for education, training, technical assistance, and any 
     related expenses (including personnel and equipment) incurred 
     by the grantee in implementing a program described in 
     subsection (a); and
       (B) to establish an administrative structure for such 
     program in the United States.
       (2) Limitations.--Grant funds awarded under this section 
     may not be used for activities, responsibilities, or related 
     costs incurred by entities in Mexico.
       (e) Authorization of Appropriations.--There are authorized 
     to be appropriated such funds as may be necessary to carry 
     out this section.
                                 ______
                                 
  SA 4046. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 2611, to provide for comprehensive 
immigration reform and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 313, after line 22, add the following:
   Subtitle A--Secure Authorized Foreign Employee (SAFE) Visa Program

     SEC. 441. ADMISSION OF SAFE VISA WORKERS.

       (a) In General.-- Chapter 2 of title II (8 U.S.C. 1181 et 
     seq.), as amended by this title and title VI, is further 
     amended by inserting after section 218 the following:

     SEC. 2181. SECURE AUTHORIZED FOREIGN EMPLOYEE (SAFE) VISA 
                   PROGRAM.

       ``(a) Authorization.--Not later than twelve months after 
     the date of enactment of this Act, the Secretary of State 
     shall grant a SAFE visa to a national of a NAFTA or CAFTA-DR 
     nation who meets the requirements under subsection (b) to 
     perform services in the United States in accordance with this 
     section.
       ``(b) Requirements for Admission.--An alien is eligible for 
     a SAFE visa if the alien--
       ``(1) has a residence in a NAFTA or CAFTA-DR nation which 
     the alien has no intention of abandoning;
       ``(2) applies for an initial SAFE visa from their home 
     country;
       ``(3) establishes that the alien has received a job offer 
     from an employer who has complied with the requirements under 
     subsection (c);
       ``(4) undergoes a medical examination (including a 
     determination of immunization status), at the alien's 
     expense, that conforms to generally accepted standards of 
     medical practice;
       ``(5) passes all appropriate background checks;
       ``(6) submits a completed application, on a form designed 
     by the Secretary of Homeland Security; and
       ``(7) pays a visa issuance fee, as determined by the 
     Secretary of State, in an amount equal to not less than the 
     cost of processing and adjudicating such application.
       ``(c) Employer Responsibilities.--An employer seeking to 
     hire a national of a NAFTA or CAFTA-DR nation under this 
     section shall--
       ``(1) submit a request to the Secretary of Labor for a 
     certification under subsection (d) that there is a shortage 
     of workers in the occupational classification and geographic 
     area for which the worker is sought;
       ``(2) submit to each worker a written employment offer that 
     sets forth the rate of pay at a rate that is not less than 
     the greater of--
       ``(A) the prevailing wage for such occupational 
     classification in such geographic area; or
       ``(B) the applicable minimum wage in the State in which the 
     worker will be employed;
       ``(3) provide the workers with necessary transportation, 
     housing, and meal costs, which may be deducted from the 
     worker's pay under an employment agreement; and
       ``(4) withhold and remit appropriate payroll deductions to 
     the Internal Revenue Service.
       ``(d) Labor Certification.--Upon receiving a request from 
     an employer under subsection (c)(1), the Secretary of Labor 
     shall provide the employer with labor shortage certification 
     for the occupational classification for which the worker is 
     sought if the Secretary of Labor determines the existence of 
     such shortage, based on the national unemployment rate and 
     the number of workers needed in the occupational 
     classification and geographic area for which the worker is 
     sought.
       ``(e) Period of Authorized Admission.--
       ``(1) Duration.--A SAFE visa worker may remain in the 
     United States for not longer than 10 months during the 12 
     month period for which the visa is issued.
       ``(2) Renewal.--A SAFE visa may be renewed for additional 
     10-month work periods under the same terms and conditions as 
     the original issuance.

[[Page S4714]]

       ``(3) Visits outside united states.--Under regulations 
     established by the Secretary of Homeland Security, a SAFE 
     visa worker--
       ``(A) may travel outside of the United States; and
       ``(B) may be readmitted without having to obtain a new visa 
     if the period of authorized admission has not expired.
       ``(4) Loss of employment.--The period of authorized 
     admission under this section shall terminate if the SAFE visa 
     worker is unemployed for 60 or more consecutive days. Any 
     SAFE visa worker whose period of authorized admission 
     terminates under this paragraph shall be required to leave 
     the United States. Failure to comply with the terms of the 
     SAFE visa will result in permanent ineligibility for the 
     program.
       ``(5) Return to country of origin.--A SAFE visa worker may 
     not apply for lawful permanent residence or any other visa 
     category until the worker has relinquished the SAFE visa and 
     returned to their country of origin.
       ``(f) Evidence of Nonimmigrant Status.--Each SAFE visa 
     worker shall be issued a SAFE visa card, which--
       ``(1) shall be machine-readable, tamper-resistant, and 
     allow for biometric authentication;
       ``(2) shall be designed in consultation with the Forensic 
     Document Laboratory of the Bureau of Immigration and Customs 
     Enforcement; and
       ``(3) shall, during the alien's authorized period of 
     admission under subsection (e), serve as a valid document for 
     the purpose of physically entering the United States.
       ``(g) Social Services.--
       ``(1) In general.--SAFE visa workers are not eligible for 
     Federal, State, or local government-sponsored social 
     services.
       ``(2) Social security.--SAFE visa workers are eligible to 
     receive the employee portion of the social security 
     contributions withheld from their pay not earlier than the 
     date on which the worker permanently leaves the SAFE visa 
     program.
       ``(3) Medicare.--Amounts withheld from the SAFE visa 
     workers pay for Medicare contributions shall be used to pay 
     for uncompensated emergency health care provided to 
     noncitizens.
       ``(h) Permanent Residence; Citizenship.--Nothing in this 
     section shall be construed to provide a SAFE visa worker with 
     eligibility to apply for legal permanent residence or a path 
     towards United States citizenship.''.
       (b) Clerical Amendment.--The table of contents (8 U.S.C. 
     1101) is amended by inserting after the item relating to 
     section 218H, as added by section 615, the following:

``Sec. 2181. Secure Authorized Foreign Employee (SAFE) Visa Program.''.
                                 ______
                                 
  SA 4047. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. FAIR MINIMUM WAGE.

       (a) Short Title.--This section may be cited as the ``Fair 
     Minimum Wage Act of 2006''.
       (b) Minimum Wage.--
       (1) In general.--Section 6(a)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206(a)(1)) is amended to 
     read as follows:
       ``(1) except as otherwise provided in this section, not 
     less than--
       ``(A) $5.15 an hour beginning September 1, 1997;
       ``(B) $5.85 an hour beginning on the 60th day after the 
     date of enactment of the Fair Minimum Wage Act of 2006;
       ``(C) $6.55 an hour beginning 12 months after such 60th 
     day; and
       ``(D) $7.25 an hour beginning 24 months after such 60th 
     day;''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect 60 days after the date of enactment of this 
     Act.
       (c) Applicability of Minimum Wage to the Commonwealth of 
     the Northern Mariana Islands.--
       (1) In general.--Except as provided in paragraph (2), 
     section 6 of the Fair Labor Standards Act of 1938 (29 U.S.C. 
     206) shall apply to the Commonwealth of the Northern Mariana 
     Islands.
       (2) Transition.--Notwithstanding paragraph (1), the minimum 
     wage applicable to the Commonwealth of the Northern Mariana 
     Islands under section 6(a)(1) of the Fair Labor Standards Act 
     of 1938 (29 U.S.C. 206(a)(1)) shall be--
       (A) $3.55 an hour beginning on the 60th day after the date 
     of enactment of this Act; and
       (B) increased by $0.50 an hour (or such lesser amount as 
     may be necessary to equal the minimum wage under section 
     6(a)(1) of such Act) beginning 6 months after the date of 
     enactment of this Act and every 6 months thereafter until the 
     minimum wage applicable to the Commonwealth of the Northern 
     Mariana Islands under this paragraph is equal to the minimum 
     wage set forth in such section.
                                 ______
                                 
  SA 4048. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 36, between lines 5 and 6, insert the following:
       (c) Northern Border Training Facility.--
       (1) In general.--The Secretary shall establish a northern 
     border training facility at Rainy River Community College in 
     International Falls, Minnesota, to carry out the training 
     programs described in this subsection.
       (2) Use of training facility.--The training facility 
     established under paragraph (1) shall be used to conduct 
     various supplemental and periodic training programs for 
     border security personnel stationed along the northern 
     international border between the United States and Canada.
       (3) Training curriculum.--The Secretary shall design 
     training curriculum to be offered at the training facility 
     through multi-day training programs involving classroom and 
     real-world applications, which shall include training in--
       (A) a variety of disciplines relating to offensive and 
     defensive skills for personnel and vehicle safety, 
     including--
       (i) firearms and weapons;
       (ii) self defense;
       (iii) search and seizure;
       (iv) defensive and high speed driving;
       (v) mobility training;
       (vi) the use of all-terrain vehicles, watercraft, aircraft 
     and snowmobiles; and
       (vii) safety issues related to biological and chemical 
     hazards;
       (B) technology upgrades and integration; and
       (C) matters relating directly to terrorist threats and 
     issues, including--
       (i) profiling;
       (ii) changing tactics;
       (iii) language;
       (iv) culture; and
       (v) communications.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for each of 
     the fiscal years 2007 through 2011 to carry out this 
     subsection.
                                 ______
                                 
  SA 4049. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. CONTAINER SECURITY.

       (a) Requirements for Scanning.--Except as provided in 
     subsection (b), after the date that is 3 years after the date 
     of the enactment of this Act, a container may not enter the 
     United States, either directly or via a foreign port, unless 
     the container is scanned with radiation detection equipment.
       (b) Extension of Time.--The Secretary may extend by up to 
     one year the date referred to in subsection (a) if the 
     Secretary finds that the required radiation detection 
     scanning equipment is not available for purchase and 
     installation and submits such finding to Congress not later 
     than 90 days prior to issuing such an extension.
       (c) Standards.--The Secretary shall establish standards for 
     equipment used to carry out the scanning required by 
     subsection (a) to ensure such equipment uses the best 
     available technology for radiation detection screening.
       (d) Report.--Not later than 90 days after the date of the 
     enactment of this Act, the Secretary shall submit to Congress 
     a report on the Secretary's plan to implement this section.
                                 ______
                                 
  SA 4050. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 10, strike lines 9 through 16, and insert the 
     following:
       (a) Acquisition.--Subject to the availability of 
     appropriations, the Secretary shall--
       (1) procure additional unmanned aerial vehicles, cameras, 
     poles, sensors, and other technologies necessary to achieve 
     operational control of the international borders of the 
     United States and to establish a security perimeter known as 
     a ``virtual fence'' along such international borders to 
     provide a barrier to illegal immigration; and
       (2) acquire and utilize real time, high-resolution, multi-
     spectral, precisely-rectified digital aerial imagery to 
     detect physical changes and patterns in the landscape along 
     the northern or southern international border of the United 
     States to identify uncommon passage ways used by aliens to 
     illegally enter the United States.
                                 ______
                                 
  SA 4051. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 34, between lines 2 and 3, insert the following:
       (b) Mobile Identification System.--
       (1) Requirement for systems.--Not later than October 1, 
     2007, the Secretary shall deploy wireless, hand-held 
     biometric identification devices, interfaced with United 
     States Government immigration databases, at all United States 
     ports of entry and along the international land borders of 
     the United States.
       (2) Authorization of appropriations.--There are authorized 
     to be appropriated to

[[Page S4715]]

     the Secretary $10,000,000 for fiscal year 2007 to carry out 
     this subsection.
       (3) Availability of funds.--Amounts appropriated pursuant 
     to the authorization of appropriations in paragraph (2) shall 
     remain available until expended.
                                 ______
                                 
  SA 4052. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 345, strike line 10 and all that follows through 
     page 395, line 23, and insert the following:

      Subtitle A--Mandatory Departure and Reentry in Legal Status

     SEC. 601. MANDATORY DEPARTURE AND REENTRY IN LEGAL STATUS.

       (a) In General.--Title II (8 U.S.C. 1151 et seq.) is 
     amended by inserting after section 218C, as added by section 
     405, the following:

     ``SEC. 218D. MANDATORY DEPARTURE AND REENTRY.

       ``(a) In General.--The Secretary of Homeland Security may 
     grant Deferred Mandatory Departure status to aliens who are 
     in the United States illegally to allow such aliens time to 
     depart the United States and to seek admission as a 
     nonimmigrant or immigrant alien.
       ``(b) Requirements.--
       ``(1) Presence.--An alien shall establish that the alien--
       ``(A) was physically present in the United States on the 
     date that is 1 year before the date on which the 
     Comprehensive Immigration Reform Act of 2006 was introduced 
     in Congress; and
       ``(B) has been continuously in the United States since that 
     date; and
       ``(C) was not legally present in the United States under 
     any classification set forth in section 101(a)(15) on that 
     date.
       ``(2) Employment.--An alien must establish that the alien--
       ``(A) was employed in the United States before the date on 
     which the Comprehensive Immigration Reform Act of 2006 was 
     introduced in Congress; and
       ``(B) has been employed in the United States since that 
     date.
       ``(3) Admissibility.--
       ``(A) In general.--The alien must establish that the 
     alien--
       ``(i) is admissible to the United States (except as 
     provided in subparagraph (B)); and
       ``(ii) has not assisted in the persecution of any person or 
     persons on account of race, religion, nationality, membership 
     in a particular social group, or political opinion.
       ``(B) Grounds not applicable.--The provisions of paragraphs 
     (5), (6)(A), and (7) of section 212(a) shall not apply.
       ``(C) Waiver.--The Secretary of Homeland Security may waive 
     any other provision of section 212(a), or a ground of 
     ineligibility under paragraph (4), as applied to individual 
     aliens--
       ``(i) for humanitarian purposes;
       ``(ii) to assure family unity; or
       ``(iii) if such waiver is otherwise in the public interest.
       ``(4) Ineligible.--An alien is ineligible for Deferred 
     Mandatory Departure status if the alien--
       ``(A) has been ordered removed from the United States--(i) 
     for overstaying the period of authorized admission under 
     section 217; (ii) under section 235 or 238; or (iii) pursuant 
     to a final order of removal under section 240;
       ``(B) failed to depart the United States during the period 
     of a voluntary departure order under section 240B;
       ``(C) is subject to section 241(a)(5);
       ``(D) has been issued a notice to appear under section 239, 
     unless the sole acts of conduct alleged to be in violation of 
     the law are that the alien is removable under section 
     237(a)(1)(C) or inadmissible under section 212(a)(6)(A);
       ``(E) is a resident of a country for which the Secretary of 
     State has made a determination that the government of such 
     country has repeatedly provided support for acts of 
     international terrorism under section 6(j) of the Export 
     Administration Act of 1979 (50 U.S.C. App. 2405(j)) or under 
     section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 
     2371);
       ``(F) fails to comply with any request for information by 
     the Secretary of Homeland Security; or
       ``(G) the Secretary of Homeland Security determines that--
     (i) the alien, having been convicted by a final judgment of a 
     serious crime, constitutes a danger to the community of the 
     United States; (ii) there are reasonable grounds for * * * a 
     serious crime outside the United States prior to the arrival 
     of the alien in the United States; or (iii) there are 
     reasonable grounds for regarding the alien as a danger to the 
     security of the United States; or
       ``(H) the alien has been convicted of a felony or 3 or more 
     misdemeanors.
       ``(I) Exception.--notwithstanding subparagraphs (A) and 
     (B), an alien who has not been ordered removed from the 
     United States shall remain eligible for defered mandatory 
     departure status if the alien's ineligibility under 
     subparagraphs (A) and (B) is solely related to the alien's--
     (i) entry into the United States without inspection; (ii) 
     remaining in the United States beyond the period of 
     authorized admissions; or (iii) failure to maintain legal 
     status while in the United States.
       (J) Waiver.--The Secretary may, in the Secretary's sole and 
     unreviewable discretion, waive the application of 
     subparagraphs (A) and (B) if the alien was ordered removed on 
     the basis that the alien (i) entered without inspection;
       (ii) failed to maintain status, or (iii) was ordered 
     removed under 212(a)(6)(c)(i) prior to April 7, 2006, and--
     (i) demonstrates that the alien did not receive notice of 
     removal proceedings in accordance with paragraph (1) or (2) 
     of section 239(a) or; (ii) establishes that the alien's 
     failure to appear was due to exceptional circumstances beyond 
     the control of the alien; or (iii) the alien's departure from 
     the United States now would result in extreme hardship to the 
     alien's spouse, parent, or child who is a citizen of the 
     United States or an alien lawfully admitted for permanent 
     residence.
       ``(5) Medical examination.--The alien may be required, at 
     the alien's expense, to undergo an appropriate medical 
     examination (including a determination of immunization 
     status) that conforms to generally accepted professional 
     standards of medical practice.
       ``(6) Termination.--The Secretary of Homeland Security may 
     terminate an alien's Deferred Mandatory Departure status--
       ``(A) if the Secretary determines that the alien was not 
     eligible for such status; or
       ``(B) if the alien commits an act that makes the alien 
     removable from the United States.
       ``(7) Application content and waiver.--
       ``(A) Application form.--The Secretary of Homeland Security 
     shall create an application form that an alien shall be 
     required to complete as a condition of obtaining Deferred 
     Mandatory Departure status.
       ``(B) Content.--In addition to any other information that 
     the Secretary determines is required to determine an alien's 
     eligibility for Deferred Mandatory Departure, the Secretary 
     shall require an alien to answer questions concerning the 
     alien's physical and mental health, criminal history and gang 
     membership, immigration history, involvement with groups or 
     individuals that have engaged in terrorism, genocide, 
     persecution, or who seek the overthrow of the United States 
     government, voter registration history, claims to United 
     States citizenship, and tax history.
       ``(C) Waiver.--The Secretary of Homeland Security shall 
     require an alien to include with the application a waiver of 
     rights that explains to the alien that, in exchange for the 
     discretionary benefit of obtaining Deferred Mandatory 
     Departure status, the alien agrees to waive any right to 
     administrative or judicial review or appeal of an immigration 
     officer's determination as to the alien's eligibility, or to 
     contest any removal action, other than on the basis of an 
     application for asylum pursuant to the provisions contained 
     in section 208 or 241(b)(3), or under the Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984.
       ``(D) Knowledge.--The Secretary of Homeland Security shall 
     require an alien to include with the application a signed 
     certification in which the alien certifies that the alien has 
     read and understood all of the questions and statements on 
     the application form, and that the alien certifies under 
     penalty of perjury under the laws of the United States that 
     the application, and any evidence submitted with it, are all 
     true and correct, and that the applicant authorizes the 
     release of any information contained in the application and 
     any attached evidence for law enforcement purposes.
       ``(c) Implementation and Application Time Periods.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     ensure that the application process is secure and 
     incorporates anti-fraud protection. The Secretary shall 
     interview an alien to determine eligibility for Deferred 
     Mandatory Departure status and shall utilize biometric 
     authentication at time of document issuance.
       ``(2) Initial receipt of applications.--The Secretary of 
     Homeland Security shall begin accepting applications for 
     Deferred Mandatory Departure status not later than 3 months 
     after the date of the enactment of the Comprehensive 
     Immigration Reform Act of 2006.
       ``(3) Application.--An alien shall submit an initial 
     application for Deferred Mandatory Departure status not later 
     than 6 months after the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006. An alien that 
     fails to comply with this requirement is ineligible for 
     Deferred Mandatory Departure status.
       ``(4) Completion of processing.--The Secretary of Homeland 
     Security shall ensure that all applications for Deferred 
     Mandatory Departure status are processed not later than 12 
     months after the date of the enactment of the Comprehensive 
     Immigration Reform Act of 2006.
       ``(d) Security and Law Enforcement Background Checks.--An 
     alien may not be granted Deferred Mandatory Departure status 
     unless the alien submits biometric data in accordance with 
     procedures established by the Secretary of Homeland Security. 
     The Secretary of Homeland Security may not grant Deferred 
     Mandatory Departure status until all appropriate background 
     checks are completed to the satisfaction of the Secretary of 
     Homeland Security.
       ``(e) Acknowledgment.--An alien who applies for Deferred 
     Mandatory Departure status shall submit to the Secretary of 
     Homeland Security--
       ``(1) an acknowledgment made in writing and under oath that 
     the alien--

[[Page S4716]]

       ``(A) is unlawfully present in the United States and 
     subject to removal or deportation, as appropriate, under this 
     Act; and
       ``(B) understands the terms of the terms of Deferred 
     Mandatory Departure;
       ``(2) any Social Security account number or card in the 
     possession of the alien or relied upon by the alien;
       ``(3) any false or fraudulent documents in the alien's 
     possession.
       ``(f) Mandatory Departure.--
       ``(1) In general.--The Secretary of Homeland Security may, 
     in the Secretary's sole and unreviewable discretion, grant 
     Deferred Mandatory Departure status to an alien for a period 
     not to exceed 5 years.
       ``(2) Registration at time of departure.--An alien granted 
     Deferred Mandatory Departure shall--
       ``(A) depart the United States before the expiration of the 
     period of Deferred Mandatory Departure status;
       ``(B) register with the Secretary of Homeland Security at 
     the time of departure; and
       ``(C) surrender any evidence of Deferred Mandatory 
     Departure status at time of departure.
       ``(3) Return in legal status.--An alien who complies with 
     the terms of Deferred Mandatory Departure status and departs 
     before the expiration of such status--
       ``(A) shall not be subject to section 212(a)(9)(B); and
       ``(B) may immediately seek admission as a nonimmigrant or 
     immigrant, if otherwise eligible.
       ``(4) Failure to depart.--An alien who fails to depart the 
     United States before the expiration of Deferred Mandatory 
     Departure status is not eligible and may not apply for or 
     receive any immigration relief or benefit under this Act or 
     any other law for a period of 10 years, except as provided 
     under section 208 or 241(b)(3) or the Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984, in the case 
     of an alien who indicates an intention to apply for asylum 
     under section 208 or a fear of persecution or torture.
       ``(5) Penalties for delayed departure.--An alien who fails 
     to immediately depart the United States shall be subject to--
       ``(A) no fine if the alien departs the United States not 
     later than 1 year after being granted Deferred Mandatory 
     Departure status;
       ``(B) a fine of $2,000 if the alien remains in the United 
     States for more than 1 year and not more than 2 years after 
     being granted Deferred Mandatory Departure status;
       ``(C) a fine of $3,000 if the alien remains in the United 
     States for more than 2 years and not more than 3 years after 
     being granted Deferred Mandatory Departure status;
       ``(D) a fine of $4,000 if the alien remains in the United 
     States for more than 3 years and not more than 4 years after 
     being granted Deferred Mandatory Departure status; and
       ``(E) a fine of $5,000 if the alien remains in the United 
     States for more than 4 years after being granted Deferred 
     Mandatory Departure status.
       ``(g) Evidence of Deferred Mandatory Departure Status.--
     Evidence of Deferred Mandatory Departure status shall be 
     machine-readable, tamper-resistant, and allow for biometric 
     authentication. The Secretary of Homeland Security is 
     authorized to incorporate integrated-circuit technology into 
     the document. The Secretary of Homeland Security shall 
     consult with the Forensic Document Laboratory in designing 
     the document. The document may serve as a travel, entry, and 
     work authorization document during the period of its 
     validity. The document may be accepted by an employer as 
     evidence of employment authorization and identity under 
     section 274A(b)(1)(B).
       ``(h) Terms of Status.--
       ``(1) Reporting.--During the period in which an alien is in 
     Deferred Mandatory Departure status, the alien shall comply 
     with all registration requirements under section 264.
       ``(2) Travel.--
       ``(A) An alien granted Deferred Mandatory Departure status 
     is not subject to section 212(a)(9) for any unlawful presence 
     that occurred before the Secretary of Homeland Security 
     granting such status to the alien.
       ``(B) Under regulations established by the Secretary of 
     Homeland Security, an alien granted Deferred Mandatory 
     Departure status--
       ``(i) may travel outside of the United States and may be 
     readmitted if the period of Deferred Mandatory Departure 
     status has not expired; and
       ``(ii) shall establish, at the time of application for 
     admission, that the alien is admissible under section 212.
       ``(C) Effect on period of authorized admission.--Time spent 
     outside the United States under subparagraph (B) shall not 
     extend the period of Deferred Mandatory Departure status.
       ``(3) Benefits.--During the period in which an alien is 
     granted Deferred Mandatory Departure status under this 
     section, the alien--
       ``(A) shall not be considered to be permanently residing in 
     the United States under the color of law and shall be treated 
     as a nonimmigrant admitted under section 214; and
       ``(B) may be deemed ineligible for public assistance by a 
     State or any political subdivision of a State that furnishes 
     such assistance.
       ``(i) Prohibition on Change of Status or Adjustment of 
     Status.--An alien granted Deferred Mandatory Departure status 
     may not apply to change status under section 248 or, unless 
     otherwise eligible under section 245(i), from applying for 
     adjustment of status to that of a permanent resident under 
     section 245.
       ``(j) Application Fee.--
       ``(1) In general.--An alien seeking a grant of Deferred 
     Mandatory Departure status shall submit, in addition to any 
     other fees authorized by law, an application fee of $1,000.
       ``(2) Use of fee.--The fees collected under paragraph (1) 
     shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove 
     illegal aliens.
       ``(k) Family Members.--
       ``(1) Family members.--
       ``(A) In general.--The spouse or child of an alien granted 
     Deferred Mandatory Departure status is subject to the same 
     terms and conditions as the principal alien, but is not 
     authorized to work in the United States.
       ``(B) Application fee.--
       ``(i) In general.--The spouse or child of an alien seeking 
     Deferred Mandatory Departure status shall submit, in addition 
     to any other fee authorized by law, an additional fee of 
     $500.
       ``(ii) Use of fee.--The fees collected under clause (i) 
     shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove aliens 
     who are removable under section 237.
       ``(l) Employment.--
       ``(1) In general.--An alien may be employed by any United 
     States employer authorized by the Secretary of Homeland 
     Security to hire aliens.
       ``(2) Continuous employment.--An alien granted Deferred 
     Mandatory Departure status shall be employed while the alien 
     is in the United States. An alien who fails to be employed 
     for 30 days may not be hired until the alien has departed the 
     United States and reentered. The Secretary of Homeland 
     Security may, in the Secretary's sole and unreviewable 
     discretion, reauthorize an alien for employment without 
     requiring the alien's departure from the United States.
       ``(m) Enumeration of Social Security Number.--The Secretary 
     of Homeland Security, in coordination with the Commissioner 
     of the Social Security System, shall implement a system to 
     allow for the enumeration of a Social Security number and 
     production of a Social Security card at the time the 
     Secretary of Homeland Security grants an alien Deferred 
     Mandatory Departure status.
       ``(n) Penalties for False Statements in Application for 
     Deferred Mandatory Departure.--
       ``(1) Criminal penalty.--
       ``(A) Violation.--It shall be unlawful for any person--
       ``(i) to file or assist in filing an application for 
     adjustment of status under this section and knowingly and 
     willfully falsify, misrepresent, conceal, or cover up a 
     material fact or make any false, fictitious, or fraudulent 
     statements or representations, or make or use any false 
     writing or document knowing the same to contain any false, 
     fictitious, or fraudulent statement or entry; or
       ``(ii) to create or supply a false writing or document for 
     use in making such an application.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       ``(2) Inadmissibility.--An alien who is convicted of a 
     crime under paragraph (1) shall be considered to be 
     inadmissible to the United States on the ground described in 
     section 212(a)(6)(C)(i).
       ``(o) Relation to Cancellation of Removal.--With respect to 
     an alien granted Deferred Mandatory Departure status under 
     this section, the period of such status shall not be counted 
     as a period of physical presence in the United States for 
     purposes of section 240A(a), unless the Secretary of Homeland 
     Security determines that extreme hardship exists.
       ``(p) Waiver of Rights.--An alien is not eligible for 
     Deferred Mandatory Departure status, unless the alien has 
     waived any right to contest, other than on the basis of an 
     application for asylum or protection under the Convention 
     Against Torture and Other Cruel, Inhuman or Degrading 
     Treatment or Punishment, done at New York December 10, 1984, 
     any action for deportation or removal of the alien that is 
     instituted against the alien subsequent to a grant of 
     Deferred Mandatory Departure status.
       ``(q) Denial of Discretionary Relief.--The determination of 
     whether an alien is eligible for a grant of Deferred 
     Mandatory Departure status is solely within the discretion of 
     the Secretary of Homeland Security. Notwithstanding any other 
     provision of law, no court shall have jurisdiction to 
     review--
       ``(1) any judgment regarding the granting of relief under 
     this section; or
       ``(2) any other decision or action of the Secretary of 
     Homeland Security the authority for which is specified under 
     this section to be in the discretion of the Secretary, other 
     than the granting of relief under section 1158(a).
       ``(r) Judicial Review.--
       ``(1) Limitations on relief.--Without regard to the nature 
     of the action or claim and without regard to the identity of 
     the party or parties bringing the action, no court may--
       ``(A) enter declaratory, injunctive, or other equitable 
     relief in any action pertaining to--

[[Page S4717]]

       ``(i) an order or notice denying an alien a grant of 
     Deferred Mandatory Departure status or any other benefit 
     arising from such status; or
       ``(ii) an order of removal, exclusion, or deportation 
     entered against an alien after a grant of Deferred Mandatory 
     Departure status; or
       ``(B) certify a class under Rule 23 of the Federal Rules of 
     Civil Procedure in any action for which judicial review is 
     authorized under a subsequent paragraph of this subsection.
       ``(2) Challenges to validity.--
       ``(A) In general.--Any right or benefit not otherwise 
     waived or limited pursuant this section is available in an 
     action instituted in the United States District Court for the 
     District of Columbia, but shall be limited to determinations 
     of--
       ``(i) whether such section, or any regulation issued to 
     implement such section, violates the Constitution of the 
     United States; or
       ``(ii) whether such a regulation, or a written policy 
     directive, written policy guideline, or written procedure 
     issued by or under the authority the Secretary of Homeland 
     Security to implement such section, is not consistent with 
     applicable provisions of this section or is otherwise in 
     violation of law.''.
       (b) Conforming Amendments.--
       (1) Clerical amendment.--The table of contents is amended 
     by inserting after the item relating to section 218C the 
     following:

``Sec. 218D. Mandatory departure and reentry.''.
       (2) Deportation.--Section 237(a)(2)(A)(i)(II) (8 U.S.C. 
     1227(a)(2)(A)(i)(II)) is amended by striking the period at 
     the end and inserting ``(or 6 months in the case of an alien 
     granted Deferred Mandatory Departure status under section 
     218D),''.

     SEC. 602. STATUTORY CONSTRUCTION.

       Nothing in this title, or any amendment made by this title, 
     shall be construed to create any substantive or procedural 
     right or benefit that is legally enforceable by any party 
     against the United States or its agencies or officers or any 
     other person.

     SEC. 603. EXCEPTIONS FOR HUMANITARIAN REASONS.

       Notwithstanding any other provision of law, an alien may be 
     exempt from Deferred Mandatory Departure status and may apply 
     for lawful permanent resident status during the 1-year period 
     beginning on the date of the enactment of this Act if the 
     alien--
       (1) is the spouse of a citizen of the United States at the 
     time of application for lawful permanent resident status;
       (2) is the parent of a child who is a citizen of the United 
     States;
       (3) is not younger than 65 years of age;
       (4) is not older than 16 years of age and is attending 
     school in the United States;
       (5) is younger than 5 years of age;
       (6) on removal from the United States, would suffer long-
     term endangerment to the life of the alien; or
       (7) owns a business or real property in the United States.

     SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $1,000,000,000 for 
     facilities, personnel (including consular officers), 
     training, technology, and processing necessary to carry out 
     this title and the amendments made by this title.
                                 ______
                                 
  SA 4053. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

     SEC.  . IMMIGRANTS TO NEW AMERICANS MODEL PROGRAMS

       (a) Findings.--The Senate finds the following: (1) English 
     is the language of the United States, and all members of the 
     society recognize the importance of English to national life 
     and individual accomplishment;
       (2) The English language is spoken by 92 percent of United 
     States residents, according to the 2000 United States Census, 
     and English language skills are essential to successful 
     participation in communities across the United States;
       (3) Many communities recognize the need to continue to 
     provide services in languages other than English to 
     facilitate access to essential functions of government, 
     promote public health and safety, promote equal educational 
     opportunity, and ensure government efficiency.
       (b) Purpose.--The purpose of this section is to establish a 
     grant program, within the Department of Education, that 
     provides funding to partnerships of local educational 
     agencies and community-based organizations to develop model 
     programs that encourage all residents of this country to 
     become fully proficient in English and provide immigrant 
     students and their families the services needed to 
     successfully participate in elementary schools, secondary 
     schools, and communities, in the United States.
       (c) Definitions.--In this section:
       (1) Secondary School.--The terms ``community-based 
     organization'', ``elementary school'', ``local educational 
     agency'', and ``secondary school'' have the meanings given 
     the terms in section 14101 of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 8801).
       (2) Immigrant.--The term ``immigrant'' has the meaning 
     given the term in section 101 of the Immigration and 
     Nationality Act (8 U.S.C. 1101).
       (3) Secretary.--The term ``Secretary'' means the Secretary 
     of Education.
       (d) Program Authorized.--
       (1) In general.--The Secretary is authorized to award not 
     more than 10 grants in a fiscal year to eligible partnerships 
     for the design and implementation of model programs to--
       (A) assist immigrant students to achieve in elementary 
     schools and secondary schools in the United States by 
     offering such educational services as English as a second 
     language classes, literacy programs, programs for 
     introduction to the education system, and civics education; 
     and
       (B) assist parents of immigrant students by offering such 
     services as Adult English as a second language class, civics 
     and government classes, parent education, and literacy 
     development services, and;
       (C) to coordinate activities with other entities to provide 
     comprehensive community social services such as health care, 
     job training, child care, and transportation services.
       (2) Duration.--Each grant awarded under this section shall 
     be awarded for a period of not more than 5 years. A 
     partnership may use funds made available through the grant 
     for not more than 1 year for planning and program design.
       (e) Applications for Grants.--
       (1) In general.--Each eligible partnership desiring a grant 
     under this section shall submit an application to the 
     Secretary at such time and in such manner as the Secretary 
     may require.
       (2) Eligible partnerships.--To be eligible to receive a 
     grant under this section, a partnership--
       (A) shall include--
       (i) at least 1 local educational agency; and
       (ii) at least 1 community-based organization; and
       (B) may include another entity such as an institution of 
     higher education, a local or State government agency, a 
     private sector entity, or another entity with expertise in 
     working with immigrants.
       (3) Required documentation.--Each application submitted by 
     a partnership under this section for a proposed program shall 
     include documentation that--
       (A) the partnership has the qualified personnel required to 
     develop, administer, and implement the proposed program; and
       (B) the leadership of each participating school has been 
     involved in the development and planning of the program in 
     the school.
       (4) Other application contents.--Each application submitted 
     by a partnership under this section for a proposed program 
     shall include--
       (A) a list of the organizations entering into the 
     partnership;
       (B) a description of the need for the proposed program, 
     including data on the number of immigrant students, and the 
     number of such students with limited English proficiency, in 
     the schools or school districts to be served through the 
     program and the characteristics of the students described in 
     this subparagraph, including--
       (i) the native languages of the students to be served;
       (ii) the proficiency of the students in English and the 
     native languages;
       (iii) achievement data for the students in--
       (I) reading or language arts (in English and in the native 
     languages, if applicable); and
       (II) mathematics; and
       (iv) the previous schooling experiences of the students;
       (C) a description of the goals of the program;
       (D) a description of how the funds made available through 
     the grant will be used to supplement the basic services 
     provided to the immigrant students to be served;
       (E) a description of activities that will be pursued by the 
     partnership through the program, including a description of--
       (i) how parents, students, and other members of the 
     community, including members of private organizations and 
     nonprofit organizations, will be involved in the design and 
     implementation of the program;
       (ii) how the activities will further the academic 
     achievement of immigrant students served through the program;
       (iii) methods of teacher training and parent education that 
     will be used or developed through the program, including the 
     dissemination of information to immigrant parents, that is 
     easily understandable in the language of the parents, about 
     educational programs and the rights of the parents to 
     participate in educational decisions involving their 
     children; and
       (iv) methods of coordinating comprehensive community social 
     services to assist immigrant families;
       (F) a description of how the partnership will evaluate the 
     progress of the partnership in achieving the goals of the 
     program;
       (G) a description of how the local educational agency will 
     disseminate information on model programs, materials, and 
     other information developed under this section that the local 
     educational agency determines to be appropriate for use by 
     other local educational agencies in establishing similar 
     programs to facilitate the educational achievement of 
     immigrant students;
       (H) an assurance that the partnership will annually provide 
     to the Secretary such information as may be required to 
     determine the effectiveness of the program; and
       (I) any other information that the Secretary may require.
       (f) Selection of Grantees.--
       (1) Criteria.--The Secretary, through a peer review 
     process, shall select partnerships to receive grants under 
     this section on the

[[Page S4718]]

     basis of the quality of the programs proposed in the 
     applications submitted under subsection (f), taking into 
     consideration such factors as--
       (A) the extent to which the program proposed in such an 
     application effectively addresses differences in language, 
     culture, and customs;
       (B) the quality of the activities proposed by a 
     partnership;
       (C) the extent of parental, student, and community 
     involvement;
       (D) the extent to which comprehensive community social 
     services are made available;
       (E) the quality of the plan for measuring and assessing 
     success; and
       (F) the likelihood that the goals of the program will be 
     achieved.
       (2) Geographic distribution of programs.--The Secretary 
     shall approve applications under this section in a manner 
     that ensures, to the extent practicable, that programs 
     assisted under this section serve different areas of the 
     Nation, including urban, suburban, and rural areas, with 
     special attention to areas that are experiencing an influx of 
     immigrant groups (including refugee groups), and that have 
     limited prior experience in serving the immigrant community.
       (g) Evaluation and Program Development.--
       (1) Requirement.--Each partnership receiving a grant under 
     this section shall--
       (A) conduct a comprehensive evaluation of the program 
     assisted under this section, including an evaluation of the 
     impact of the program on students, teachers, administrators, 
     parents, and others; and
       (B) prepare and submit to the Secretary a report containing 
     the results of the evaluation.
       (2) Evaluation report components.--Each evaluation report 
     submitted under this section for a program shall include--
       (A) data on the partnership's progress in achieving the 
     goals of the program;
       (B) data showing the extent to which all students served by 
     the program are meeting the State's student performance 
     standards, including--
       (i) data comparing the students served to other students, 
     with regard to grade retention and academic achievement in 
     reading and language arts, in English and in the native 
     languages of the students if the program develops native 
     language proficiency, and in mathematics; and
       (ii) a description of how the activities carried out 
     through the program are coordinated and integrated with the 
     overall school program of the school in which the program 
     described in this section is carried out, and with other 
     Federal, State, or local programs serving limited English 
     proficient students;
       (C) data showing the extent to which families served by the 
     program have been afforded access to comprehensive community 
     social services; and
       (D) such other information as the Secretary may require.
       (h) Administrative Funds.--A partnership that receives a 
     grant under this section may use not more than 5 percent of 
     the grant funds received under this section for 
     administrative purposes.
       (i) Authorization of appropriations.--For the purpose of 
     carrying out this section, there are authorized to be 
     appropriated such sums for fiscal year 2007 and such sums as 
     may be necessary for each of the 4 succeeding fiscal years.
                                 ______
                                 
  SA 4054. Mr. GREGG (for himself and Ms. Cantwell) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 345, between lines 5 and 6, insert the following:
       (e) Worldwide Level of Immigrants With Advanced Degrees.--
     Section 201 (8 U.S.C. 1151) is amended--
       (1) in subsection (a)(3), by inserting ``and immigrants 
     with advanced degrees'' after ``diversity immigrants''; and
       (2) by amending subsection (e) to read as follows:
       ``(e) Worldwide Level of Diversity Immigrants and 
     Immigrants With Advanced Degrees.--
       ``(1) Diversity immigrants.--The worldwide level of 
     diversity immigrants described in section 203(c)(1) is equal 
     to 18,333 for each fiscal year.
       ``(2) Immigrants with advanced degrees.--The worldwide 
     level of immigrants with advanced degrees described in 
     section 203(c)(2) is equal to 36,667 for each fiscal year.''.
       (f) Immigrants With Advanced Degrees.--Section 203 (8 
     U.S.C. 1153(c)) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by striking ``paragraph (2), aliens 
     subject to the worldwide level specified in section 201(e)'' 
     and inserting ``paragraphs (2) and (3), aliens subject to the 
     worldwide level specified in section 201(e)(1)'';
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (C) by inserting after paragraph (1) the following:
       ``(2) Aliens who hold an advanced degree in science, 
     mathematics, technology, or engineering.--
       ``(A) In general.--Qualified immigrants who hold a master's 
     or doctorate degree in the life sciences, the physical 
     sciences, mathematics, technology, or engineering shall be 
     allotted visas each fiscal year in a number not to exceed the 
     worldwide level specified in section 201(e)(2).
       ``(B) Economic considerations.--Beginning on the date which 
     is 1 year after the date of the enactment of this paragraph, 
     the Secretary of State, in consultation with the Secretary of 
     Commerce and the Secretary of Labor, and after notice and 
     public hearing, shall determine which of the degrees 
     described in subparagraph (A) will provide immigrants with 
     the knowledge and skills that are most needed to meet 
     anticipated workforce needs and protect the economic security 
     of the United States.'';
       (D) in paragraph (3), as redesignated, by striking ``this 
     subsection'' each place it appears and inserting ``paragraph 
     (1)''; and
       (E) by amending paragraph (4), as redesignated, to read as 
     follows:
       ``(4) Maintenance of information.--
       ``(A) Diversity immigrants.--The Secretary of State shall 
     maintain information on the age, occupation, education level, 
     and other relevant characteristics of immigrants issued visas 
     under paragraph (1).
       ``(B) Immigrants with advanced degrees.--The Secretary of 
     State shall maintain information on the age, degree 
     (including field of study), occupation, work experience, and 
     other relevant characteristics of immigrants issued visas 
     under paragraph (2).''; and
       (2) in subsection (e)--
       (A) in paragraph (2), by striking ``(c)'' and inserting 
     ``(c)(1)'';
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) Immigrant visas made available under subsection 
     (c)(2) shall be issued as follows:
       ``(A) If the Secretary of State has not made a 
     determination under subsection (c)(2)(B), immigrant visas 
     shall be issued in a strictly random order established by the 
     Secretary for the fiscal year involved.
       ``(B) If the Secretary of State has made a determination 
     under subsection (c)(2)(B) and the number of eligible 
     qualified immigrants who have a degree selected under such 
     subsection and apply for an immigrant visa described in 
     subsection (c)(2) is greater than the worldwide level 
     specified in section 201(e)(2), the Secretary shall issue 
     immigrant visas only to such immigrants and in a strictly 
     random order established by the Secretary for the fiscal year 
     involved.
       ``(C) If the Secretary of State has made a determination 
     under subsection (c)(2)(B) and the number of eligible 
     qualified immigrants who have degrees selected under such 
     subsection and apply for an immigrant visa described in 
     subsection (c)(2) is not greater than the worldwide level 
     specified in section 201(e)(2), the Secretary shall--
       ``(i) issue immigrant visas to eligible qualified 
     immigrants with degrees selected in subsection (c)(2)(B); and
       ``(ii) issue any immigrant visas remaining thereafter to 
     other eligible qualified immigrants with degrees described in 
     subsection (c)(2)(A) in a strictly random order established 
     by the Secretary for the fiscal year involved.''.
       (g) Advanced Degree and Diversity Visa Carryover.--Section 
     204(a)(1)(I)(ii)(II) (8 U.S.C. 1154(a)(1)(I)(ii)(II)) is 
     amended to read as follows:
       ``(II) An immigrant visa made available under subsection 
     203(c) for fiscal year 2007 or any subsequent fiscal year may 
     be issued, or adjustment of status under section 245(a) may 
     be granted, to an eligible qualified alien who has properly 
     applied for such visa or adjustment of status in the fiscal 
     year for which the alien was selected notwithstanding the end 
     of such fiscal year. Such visa or adjustment of status shall 
     be counted against the worldwide levels set forth in section 
     201(e) for the fiscal year for which the alien was 
     selected.''.
       (h) Effective Date.--The amendments made by subsections (e) 
     through (g) shall take effect on October 1, 2006.
                                 ______
                                 
  SA 4055. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. ELIGIBILITY OF AGRICULTURAL AND FORESTRY WORKERS 
                   FOR CERTAIN LEGAL ASSISTANCE.

       Section 305 of the Immigration Reform and Control Act of 
     1986 (8 U.S.C. 1101 note; Public Law 99-603) is amended--
       (1) by striking ``section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a))'' and inserting ``item (a) or (b) of 
     section 101(a)(15)(H)(ii) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(H)(ii))''; and
       (2) by inserting ``or forestry'' after ``agricultural''.
                                 ______
                                 
  SA 4056. Mr. SCHUMER submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

[[Page S4719]]

     SEC. __. GRANTS FOR LOCAL PROGRAMS RELATING TO UNDOCUMENTED 
                   IMMIGRANTS.

       (a) Grants Authorized.--The Secretary is authorized to 
     award competitive grants to units of local government for 
     innovative programs that address the increased expenses 
     incurred in responding to the needs of undocumented 
     immigrants.
       (b) Maximum Amount.--The Secretary may not award a grant 
     under this section to a unit of local government in an amount 
     which exceeds $15,000,000.
       (c) Use of Grant Funds.--Grants awarded under this section 
     may be used for activities relating to the undocumented 
     immigrant population residing in the locality, including--
       (1) law enforcement activities;
       (2) uncompensated health care;
       (3) public housing;
       (4) inmate transportation; and
       (5) reduction in jail overcrowding.
       (d) Application.--Each unit of local government desiring a 
     grant under this section shall submit an application to the 
     Secretary, at such time, in such manner, and accompanied by 
     such information as the Secretary may reasonably require.
       (e) Distribution of Grant Amounts.--Of the amounts made 
     available to provide grants to units of local governments 
     under this section, 75 percent shall be made available to 
     counties that have a population of less than 3,000,000 
     according to the 2000 census.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated $100,000,000 for each of the fiscal years 
     2007 through 2011 to carry out this section.
                                 ______
                                 
  SA 4057. Mr. THOMAS (for himself, Mr. Kyl, Mr. Salazar, Mr. Bingaman, 
and Mr. Cornyn) submitted an amendment intended to be proposed by him 
to the bill S. 2611, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Strike section 761 and insert the following:

     SEC. 761. BORDER SECURITY ON CERTAIN FEDERAL LAND.

       (a) Definitions.--In this section:
       (1) Protected land.--The term ``protected land'' means land 
     under the jurisdiction of the Secretary concerned.
       (2) Secretary concerned.--The term ``Secretary concerned'' 
     means--
       (A) with respect to land under the jurisdiction of the 
     Secretary of Agriculture, the Secretary of Agriculture; and
       (B) with respect to land under the jurisdiction of the 
     Secretary of the Interior, the Secretary of the Interior.
       (b) Support for Border Security Needs.--
       (1) In general.--To gain operational control over the 
     international land borders of the United States and to 
     prevent the entry of terrorists, unlawful aliens, narcotics, 
     and other contraband into the United States, the Secretary, 
     in cooperation with the Secretary concerned, shall provide--
       (A) increased Customs and Border Protection personnel to 
     secure protected land along the international land borders of 
     the United States;
       (B) Federal land resource training for Customs and Border 
     Protection agents dedicated to protected land; and
       (C) Unmanned Aerial Vehicles, aerial assets, Remote Video 
     Surveillance camera systems, and sensors on protected land 
     that is directly adjacent to the international land border of 
     the United States, with priority given to units of the 
     National Park System.
       (2) Coordination.--In providing training for Customs and 
     Border Protection agents under paragraph (1)(B), the 
     Secretary shall coordinate with the Secretary concerned to 
     ensure that the training is appropriate to the mission of the 
     National Park Service, the United States Fish and Wildlife 
     Service, the Forest Service, or the relevant agency of the 
     Department of the Interior or the Department of Agriculture 
     to minimize the adverse impact on natural and cultural 
     resources from border protection activities.
       (c) Inventory of Costs and Activities.--The Secretary 
     concerned shall develop and submit to the Secretary an 
     inventory of costs incurred by the Secretary concerned 
     relating to illegal border activity, including the cost of 
     equipment, training, recurring maintenance, construction of 
     facilities, restoration of natural and cultural resources, 
     recapitalization of facilities, and operations.
       (d) Recommendations.--The Secretary shall--
       (1) develop joint recommendations with the National Park 
     Service, the United States Fish and Wildlife Service, and the 
     Forest Service for an appropriate cost recovery mechanism 
     relating to items identified in subsection (c); and
       (2) not later than March 31, 2007, submit to the 
     appropriate congressional committees (as defined in section 2 
     of the Homeland Security Act of 2002 (6 U.S. C. 101)), 
     including the Subcommittee on National Parks of the Senate 
     and the Subcommittee on National Parks, Recreation and Public 
     Lands of the House of Representatives, the recommendations 
     developed under paragraph (1).
       (e) Border Protection Strategy.--The Secretary, the 
     Secretary of the Interior, and the Secretary of Agriculture 
     shall jointly develop a border protection strategy that 
     supports the border security needs of the United States in 
     the manner that best protects--
       (1) units of the National Park System;
       (2) National Forest System land;
       (3) land under the jurisdiction of the United States Fish 
     and Wildlife Service; and
       (4) other relevant land under the jurisdiction of the 
     Department of the Interior or the Department of Agriculture.
                                 ______
                                 
  SA 4058. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 315, strike line 7 and all that follows 
     through page 316, line 5, and insert the following:
       ``(A)(i) for each of fiscal years 2007 through 2016, 
     450,000; or
       ``(ii) for fiscal year 2017 and each subsequent fiscal 
     year, 290,000; and
       ``(B) the difference between the maximum number of visas 
     authorized to be issued under this subsection during the 
     previous fiscal year and the number of visas issued during 
     the previous fiscal year.
       ``(2) Recapture of unused employment-based immigrant visas 
     for fiscal years 2001 through 2005.--
       ``(A) In general.--Beginning in fiscal year 2006, the 
     number of employment-based visas made available for 
     immigrants described in paragraph (1), (2), or (3) of section 
     203(b) during any fiscal year, as calculated under paragraph 
     (1), shall be increased by the number described in 
     subparagraph (B).
       ``(B) Additional number.--
       ``(i) In general.--Subject to clause (ii), the number 
     referred to in subparagraph (A) shall be equal to the sum 
     of--

       ``(I) the difference between--

       ``(aa) the number of employment-based visas made available 
     during the period of fiscal years 2001 through 2005; and
       ``(bb) the number of employment-based visas actually used 
     during that period; and

       ``(II) the number of immigrant visas issued after September 
     30, 2004, to spouses and children of employment-based 
     immigrants that were counted for purposes of paragraph 
     (1)(B).

       ``(ii) Reduction.--For fiscal year 2007 and each fiscal 
     year thereafter, the number described in clause (i) shall be 
     reduced by the number of employment-based visas actually used 
     under subparagraph (A) during the preceding fiscal year.''.
       On page 316, strike lines 6 through 15 and insert the 
     following:

     SEC. 502. COUNTRY LIMITS.

       Section 202(a) (8 U.S.C. 1152(a)) is amended by striking 
     ``7 percent (in the case of a single foreign state) or 2 
     percent'' and inserting ``10 percent (in the case of a single 
     foreign state) or 5 percent''.
       On page 341, strike lines 1 through 4 and insert the 
     following:
       ``(3) Limitation.--An application for adjustment of status 
     filed under this section may not be approved until an 
     immigrant visa number becomes available.
       ``(4) Filing in cases of unavailable visa numbers.--Subject 
     to the limitation described in paragraph (3), if a 
     supplemental petition fee is paid for a petition under 
     subparagraph (E) or (F) of section 204(a)(1), an application 
     under paragraph (1) on behalf of an alien that is a 
     beneficiary of the petition (including a spouse or child who 
     is accompanying or following to join the beneficiary) may be 
     filed without regard to the requirement under paragraph 
     (1)(D).
       ``(5) Pending applications.--Subject to the limitation 
     described in paragraph (3), if a petition under subparagraph 
     (E) or (F) of section 204(a)(1) is pending or approved as of 
     the date of enactment of this paragraph, on payment of the 
     supplemental petition fee under that section, the alien that 
     is the beneficiary of the petition may submit an application 
     for adjustment of status under this subsection without regard 
     to the requirement under paragraph (1)(D).
       ``(6) Employment authorizations and advanced parole travel 
     documentation.--The Attorney General shall--
       ``(A) provide to any immigrant who has submitted an 
     application for adjustment of status under this subsection 
     not less than 3 increments, the duration of each of which 
     shall be not less than 3 years, for any applicable employment 
     authorization or advanced parole travel document of the 
     immigrant; and
       ``(B) adjust each applicable fee payment schedule in 
     accordance with the increments provided under subparagraph 
     (A) so that 1 fee for each authorization or document is 
     required for each 3-year increment.''.
       Beginning on page 341, strike line 23 and all that follows 
     through page 342, line 4, and insert the following:
       ``(G) Aliens who have earned an advanced degree in science, 
     technology, engineering, or math and are employed in a 
     related field.
       On page 345, between lines 5 and 6, insert the following:
       (e) Temporary Worker Visa Duration.--Section 106 of the 
     American Competitiveness in the Twenty-First Century Act of 
     2000 (Public Law 106-313; 114 Stat. 1254) is amended by 
     striking subsection (b) and inserting the following:
       ``(b) Extension of H-1B Worker Status.--The Attorney 
     General shall--
       ``(1) extend the stay of an alien who qualifies for an 
     exemption under subsection (a) in not less than 3 increments, 
     the duration of each of which shall be not less than 3 years, 
     until such time as a final decision is made with respect to 
     the lawful permanent residence of the alien; and
       ``(2) adjust each applicable fee payment schedule in 
     accordance with the increments

[[Page S4720]]

     provided under paragraph (1) so that 1 fee is required for 
     each 3-year increment.''.
                                 ______
                                 
  SA 4059. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. INADMISSIBILITY FOR FALSELY CLAIMING CITIZENSHIP.

       Section 212 (8 U.S.C. 1182) is amended--
       (1) in subsection (a)(6)(C)(iii), by inserting after 
     ``clause (i)'' the following: ``or (ii)''; and
       (2) in subsection (i)(1), by inserting after ``clause (i)'' 
     the following: ``or (ii)''.
                                 ______
                                 
  SA 4060. Mr. LIEBERMAN (for himelf and Mr. Brownback) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                  TITLE __--INSPECTIONS AND DETENTIONS

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Secure and Safe Detention 
     and Asylum Act''.

     SEC. __02. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) The origin of the United States is that of a land of 
     refuge. Many of our Nation's founders fled here to escape 
     persecution for their political opinion, their ethnicity, and 
     their religion. Since that time, the United States has 
     honored its history and founding values by standing against 
     persecution around the world, offering refuge to those who 
     flee from oppression, and welcoming them as contributors to a 
     democratic society.
       (2) The right to seek and enjoy asylum from persecution is 
     a universal human right and fundamental freedom articulated 
     in numerous international instruments endorsed by the United 
     States, including the Universal Declaration of Human Rights, 
     as well as the 1951 Convention relating to the Status of 
     Refugees and its 1967 Protocol and the Convention Against 
     Torture. United States law also guarantees the right to seek 
     asylum and protection from return to territories where one 
     would have a well-founded fear of persecution on account of 
     one's race, religion, nationality, membership in a particular 
     social group, or political opinion.
       (3) The United States has long recognized that asylum 
     seekers often must flee their persecutors with false 
     documents, or no documents at all. The second person in 
     United States history to receive honorary citizenship by Act 
     of Congress was Swedish diplomat Raoul Wallenberg, in 
     gratitude for his issuance of more than 20,000 false Swedish 
     passports to Hungarian Jews to assist them flee the 
     Holocaust.
       (4) In 1996, Congress amended section 235(b) of the 
     Immigration and Nationality Act, to authorize immigration 
     officers to detain and expeditiously remove aliens without 
     proper documents, if that alien does not have a credible fear 
     of persecution.
       (5) Section 605 of the International Religious Freedom Act 
     of 1998 subsequently authorized the United States Commission 
     on International Religious Freedom to appoint experts to 
     study the treatment of asylum seekers subject to expedited 
     removal.
       (6) The Departments of Justice and Homeland Security fully 
     cooperated with the Commission, which reviewed thousands of 
     previously unreleased statistics, approximately 1,000 files 
     and records of proceeding related to expedited removal 
     proceedings, observed more than 400 inspections, interviewed 
     200 aliens in expedited removal proceedings at 7 ports of 
     entry, and surveyed 19 detention facilities and all 8 asylum 
     offices. The Commission released its findings on February 8, 
     2005.
       (7) Among its major findings, the Commission found that, 
     while the Congress, the Immigration and Naturalization 
     Service, and the Department of Homeland Security developed a 
     number of processes to prevent bona fide asylum seekers from 
     being expeditiously removed, these procedures were routinely 
     disregarded by many immigration officers, placing the asylum 
     seekers at risk, and undermining the reliability of evidence 
     created for immigration enforcement purposes. The specific 
     findings include the following:
       (A) Department of Homeland Security procedures require that 
     the immigration officer read a script to the alien that the 
     alien should ask for protection--without delay--if the alien 
     has any reason to fear being returned home. Yet in more than 
     50 percent of the expedited removal interviews observed by 
     the Commission, this information was not conveyed to the 
     applicant.
       (B) Department of Homeland Security procedures require that 
     the alien review the sworn statement taken by the immigration 
     officer, make any necessary corrections for errors in 
     interpretation, and then sign the statement. The Commission 
     found, however, that 72 percent of the time, the alien signs 
     his sworn statement without the opportunity to review it.
       (C) The Commission found that the sworn statements taken by 
     the officer are not verbatim, are not verifiable, often 
     attribute that information was conveyed to the alien which 
     was never, in fact, conveyed, and sometimes contain questions 
     which were never asked. These sworn statements look like 
     verbatim transcripts but are not. Yet the Commission also 
     found that, in 32 percent of the cases where the immigration 
     judges found the asylum applicant were not credible, they 
     specifically relied on these sworn statements.
       (D) Department of Homeland Security regulations also 
     require that, when an alien expresses a fear of return, he 
     must be referred to an asylum officer to determine whether 
     his fear is ``credible.'' Yet, in nearly 15 percent of the 
     cases which the Commission observed aliens who expressed a 
     fear of return were nevertheless removed without a referral 
     to an asylum officer.
       (8) The Commission found that the sworn statements taken 
     during expedited removal proceedings were reliable for 
     neither enforcement nor protection purposes because 
     Department of Homeland Security management reviewed only the 
     paperwork created by the interviewing officer. The agency had 
     no national quality assurance procedures to ensure that paper 
     files are an accurate representation of the actual interview. 
     The Commission recommended recording all interviews between 
     Department of Homeland Security officers and aliens subject 
     to expedited removal, and that procedures be established to 
     ensure that these recordings are reviewed to ensure 
     compliance.
       (9) The Commission found that the Immigration and 
     Naturalization Service (INS) issued policy guidance on 
     December 30, 1997, defining criteria for decisions to release 
     asylum seekers from detention. Neither the INS nor the 
     Department of Homeland Security, however, had been following 
     this, or any other discernible criteria, for detaining or 
     releasing asylum seekers. The Study's review of Department of 
     Homeland Security statistics revealed that release rates 
     varied widely, between 5 percent and 95 percent, in different 
     regions.
       (10) In order to promote the most efficient use of 
     detention resources and a humane yet secure approach to 
     detention of aliens with a credible fear of persecution, the 
     Commission urged that the Department of Homeland Security 
     develop procedures to ensure that a release decision is taken 
     at the time of the credible fear determination or as soon as 
     feasible thereafter. Upon a determination that the alien has 
     established credible fear, identity and community ties, and 
     that the alien is not subject to any possible bar to asylum 
     involving violence, misconduct, or threat to national 
     security, the alien should be released from detention pending 
     an asylum determination. The Commission also urged that the 
     Secretary of Homeland Security establish procedures to ensure 
     consistent implementation of release criteria, as well as the 
     consideration of requests to consider new evidence relevant 
     to the determination.
       (11) In 1986, the United States, as a member of the 
     Executive Committee of the United Nations High Commissioner 
     for Refugees, noted that in view of the hardship which it 
     involves, detention of asylum seekers should normally be 
     avoided; that detention measures taken in respect of refugees 
     and asylum-seekers should be subject to judicial or 
     administrative review; that conditions of detention of 
     refugees and asylum seekers must be humane; and that refugees 
     and asylum-seekers shall, whenever possible, not be 
     accommodated with persons detained as criminals.
       (12) The USCIRF Study found that, of noncriminal asylum 
     seekers and aliens detained, the vast majority are detained 
     under inappropriate and potentially harmful conditions in 
     jails and jail-like facilities. This occurs in spite of the 
     development of a small number of successful nonpunitive 
     detention facilities, such as those in Broward County Florida 
     and Berks County, Pennsylvania.
       (13) The Commission found that nearly all of the detention 
     centers where asylum seekers are detained resemble, in every 
     essential respect, conventional jails. Often, aliens with no 
     criminal record are detained alongside criminals and criminal 
     aliens. The standards applied by the Bureau of Immigration 
     and Customs Enforcement for all of their detention facilities 
     are identical to, and modeled after, correctional standards 
     for criminal populations. In some facilities with 
     ``correctional dormitory'' set-ups, there are large numbers 
     of detainees sleeping, eating, going to the bathroom, and 
     showering out in the open in one brightly lit, windowless, 
     and locked room. Recreation in Bureau of Immigration and 
     Customs Enforcement facilities often consists of unstructured 
     activity of no more than 1 hour per day in a small outdoor 
     space surrounded by high concrete walls.
       (14) Immigration detention is civil and should be 
     nonpunitive in nature.
       (15) A study conducted by Physicians for Human Rights and 
     the Bellevue/New York University Program for Survivors of 
     Torture found that the mental health of asylum seekers was 
     extremely poor, and worsened the longer individuals were in 
     detention. This included high levels of anxiety, depression, 
     and post-traumatic stress disorder. The study also raised 
     concerns about inadequate access to health services, 
     particularly mental health services. Asylum seekers 
     interviewed consistently reported being treated like 
     criminals, in violation of international human rights norms, 
     which contributed to worsening of their mental health. 
     Additionally, asylum seekers reported verbal abuse and 
     inappropriate threats and use of solitary confinement.

[[Page S4721]]

       (16) The Commission recommended that the secure but 
     nonpunitive detention facility in Broward County Florida 
     Broward provided a more appropriate framework for those 
     asylum seekers who are not appropriate candidates for 
     release.
       (b) Purposes.--The purposes of this Act are the following:
       (1) To ensure that personnel within the Department of 
     Homeland Security follow procedures designed to protect bona 
     fide asylum seekers from being returned to places where they 
     may face persecution.
       (2) To ensure that persons who affirmatively apply for 
     asylum or other forms of humanitarian protection and 
     noncriminal detainees are not subject to arbitrary detention.
       (3) To ensure that asylum seekers, families with children, 
     noncriminal aliens, and other vulnerable populations, who are 
     not eligible for release, are detained under appropriate and 
     humane conditions.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Asylum officer.--The term ``asylum officer'' has the 
     meaning given the term in section 235(b)(1)(E) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(E)).
       (2) Asylum seeker.--The term ``asylum seeker'' means any 
     applicant for asylum under section 208 or for withholding of 
     removal under section 241(b)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1158) or any alien who indicates an 
     intention to apply for relief under those sections and does 
     not include any person with respect to whom a final 
     adjudication denying the application has been entered.
       (3) Credible or reasonable fear of persecution.--The term 
     ``credible fear of persecution'' has the meaning given the 
     term in section 235(b)(1)(B)(v) of the Immigration and 
     Nationality Act (8 U.S.C. 1225(b)(1)(B)(v)). The term 
     ``reasonable fear'' has the meaning given the term in section 
     208.31 of title 8, Code of Federal Regulations.
       (4) Detainee.--The term ``detainee'' means an alien in the 
     Department's custody held in a detention facility.
       (5) Detention facility.--The term ``detention facility'' 
     means any Federal facility in which an asylum seeker, an 
     alien detained pending the outcome of a removal proceeding, 
     or an alien detained pending the execution of a final order 
     of removal, is detained for more than 72 hours, or any other 
     facility in which such detention services are provided to the 
     Federal Government by contract, and does not include 
     detention at any port of entry in the United States.
       (6) Immigration judge.--The term ``immigration judge'' has 
     the meaning given the term in section 101(b)(4) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(b)(4)).
       (7) Standard.--The term ``standard'' means any policy, 
     procedure, or other requirement.
       (8) Vulnerable populations.--The term ``vulnerable 
     populations'' means classes of aliens subject to the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who 
     have special needs requiring special consideration and 
     treatment by virtue of their vulnerable characteristics, 
     including experiences of, or risk of, abuse, mistreatment, or 
     other serious harms threatening their health or safety. 
     Vulnerable populations include the following:
       (A) Asylum seekers as described in paragraph (2).
       (B) Refugees admitted under section 207 of the Immigration 
     and Nationality Act (8 U.S.C. 1157), and individuals seeking 
     such admission.
       (C) Aliens whose deportation is being withheld under 
     section 243(h) of the Immigration and Nationality Act (as in 
     effect immediately before the effective date of section 307 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     3009-612)) or section 241(b)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(b)(3)).
       (D) Aliens granted or seeking protection under article 3 of 
     the United Nations Convention against Torture and other 
     Cruel, Inhuman, or Degrading Treatment or Punishment.
       (E) Applicants for relief and benefits under the 
     Immigration and Nationality Act pursuant to the amendments 
     made by the Trafficking Victims Protection Act of 2000 
     (division A of Public Law 106-386), including applicants for 
     visas under subparagraph (T) or (U) of section 101(a)(15)).
       (F) Applicants for relief and benefits under the 
     Immigration and Nationality Act pursuant to the amendments 
     made by the Violence Against Women Act of 2000 (division B of 
     Public Law 106-386).
       (G) Unaccompanied alien children (as defined by 462(g) of 
     the Homeland Security Act (6 U.S.C. 279(g)).

     SEC. __04. RECORDING SECONDARY INSPECTION INTERVIEWS.

       (a) In General.--The Secretary shall establish quality 
     assurance procedures to ensure the accuracy and verifiability 
     of signed or sworn statements taken by Department of Homeland 
     Security employees exercising expedited removal authority 
     under section 235(b) of the Immigration and Nationality Act.
       (b) Factors Relating to Sworn Statements.--Any sworn or 
     signed written statement taken of an alien as part of the 
     record of a proceeding under section 235(b)(1)(A) of the 
     Immigration and Nationality Act shall be accompanied by a 
     recording of the interview which served as the basis for that 
     sworn statement. Nothing in this section shall be construed 
     to require the recording of an interview conducted by a 
     government employee in any context other than that of a 
     proceeding pursuant ot 235(b)(1)(A) of the Immigration and 
     Nationality Act.
       (c) Recordings.--
       (1) In general.--The recording of the interview shall also 
     include the written statement, in its entirety, being read 
     back to the alien in a language which the alien claims to 
     understand, and the alien affirming the accuracy of the 
     statement or making any corrections thereto.
       (2) Format.--The recordings shall be made in video, audio, 
     or other equally reliable format.
       (d) Interpreters.--The Secretary shall ensure professional 
     certified interpreters are used when the interviewing officer 
     does not speak a language understood by the alien.
       (e) Recordings in Immigration Proceedings.--Recordings of 
     interviews of aliens subject to expedited removal shall be 
     included in the record of proceeding and may be considered as 
     evidence in any further proceedings involving the alien.

     SEC. __05. PROCEDURES GOVERNING DETENTION DECISIONS.

       Section 236 of the Immigration and Nationality Act (8 
     U.S.C. 1226) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) in the first sentence by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security'';
       (ii) by striking ``(c)'' and inserting ``(d)''; and
       (iii) in the second sentence by striking ``Attorney 
     General'' and inserting ``Secretary''.
       (B) in paragraph (2)--
       (i) by striking ``Attorney General'' in subparagraph (A) 
     and inserting ``Secretary'';
       (ii) by striking ``or'' at the end of subparagraph (A);
       (iii) by striking ``but'' at the end of subparagraph (B); 
     and
       (iv) by inserting after subparagraph (B) the following:
       ``(C) the alien's own recognizance; or
       ``(D) a secure alternatives program as provided for in 
     section ___09 of this title; but'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (g), respectively;
       (3) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Custody Decisions.--
       ``(1) In general.--In the case of a decision under 
     subsection (a) or (c), the following shall apply:
       ``(A) The decision shall be made in writing and shall be 
     served upon the alien. A decision to continue detention 
     without bond or parole shall specify in writing the reasons 
     for that decision.
       ``(B) The decision shall be served upon the alien within 72 
     hours of the alien's detention or, in the case of an alien 
     subject to section 235 or 241(a)(5) who must establish a 
     credible or reasonable fear of persecution in order to 
     proceed in immigration court, within 72 hours of a positive 
     credible or reasonable fear determination.
       ``(C) An alien subject to this section may at any time 
     after being served with the Secretary's decision under 
     subsections (a) or (c) request a redetermination of that 
     decision by an Immigration Judge. All decisions by the 
     Secretary to detain without bond or parole shall be subject 
     to redetermination by an Immigration Judge within 2 weeks 
     from the time the alien was served with the decision, unless 
     waived by the alien. The alien may request a further 
     redetermination upon a showing of a material change in 
     circumstances since the last redetermination hearing.
       ``(2) Criteria to be considered.--The criteria to be 
     considered by the Secretary and the Attorney General in 
     making a custody decision shall include--
       ``(A) whether the alien poses a risk to public safety or 
     national security;
       ``(B) whether the alien is likely to appear for immigration 
     proceedings; and
       ``(C) any other relevant factors.
       ``(3) Application of subsections (a) and (b).--This 
     subsection and subsection (a) shall apply to all aliens in 
     the custody of the Department of Homeland Security, except 
     those who are subject to mandatory detention under section 
     235(b)(1)(B)(iii)(IV), 236(c), or 236A or who have a final 
     order of removal and have no proceedings pending before the 
     Executive Office for Immigration Review.'';
       (4) in subsection (c), as redesignated--
       (A) by striking ``Attorney General'' and insert 
     ``Secretary''; and
       (B) by striking ``or parole'' and inserting ``, parole, or 
     decision to release;'';
       (5) in subsection (d), as redesignated--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary'' each place it appears; and
       (B) in paragraph (2), by inserting ``or for humanitarian 
     reasons,'' after ``such an investigation,'';
       (6) in subsection (e), as redesignated, by striking 
     ``Attorney General'' and inserting ``Secretary'';
       (7) by inserting after subparagraph (e), as redesignated, 
     the following new subparagraph:
       ``(f) Administrative Review.--If an Immigration Judge's 
     custody decision has been stayed by the action of the 
     Department of Homeland Security, the stay shall expire in

[[Page S4722]]

     30 days, unless the Board of Immigration Appeals before that 
     time, and upon motion, enters an order continuing the 
     stay.''; and
       (8) in subsection (g), as redesignated, by striking 
     ``Attorney General'' and inserting ``Secretary'' each place 
     it appears..

     SEC. __06. LEGAL ORIENTATION PROGRAM.

       (a) In General.--The Attorney General, in consultation with 
     the Secretary, shall ensure that all detained aliens in 
     immigration and asylum proceedings receive legal orientation 
     through a program administered by the Department of Justice 
     Executive Office for Immigration Review.
       (b) Content of Program.--The legal orientation program 
     developed pursuant to this subsection shall be implemented by 
     the Executive Office for Immigration Review and shall be 
     based on the Legal Orientation Program in existence on the 
     date of the enactment of this Act.
       (c) Expansion of Legal Assistance.--The Secretary shall 
     ensure the expansion through the United States Citizenship 
     and Immigration Service of public-private partnerships that 
     facilitate pro bono counseling and legal assistance for 
     asylum seekers awaiting a credible fear interview. The pro 
     bono counseling and legal assistance programs developed 
     pursuant to this subsection shall be based on the pilot 
     program developed in Arlington, Virginia by the United States 
     Citizenship and Immigration Service.

     SEC. __07. CONDITIONS OF DETENTION.

       (a) In General.--The Secretary shall ensure that standards 
     governing conditions and procedures at detention facilities 
     are fully implemented and enforced, and that all detention 
     facilities comply with the standards.
       (b) Procedures and Standards.--The Secretary shall 
     promulgate new standards, or modify existing detention 
     standards, to improve conditions in detention facilities. The 
     improvements shall address at a minimum the following 
     policies and procedures:
       (1) Fair and humane treatment.--Procedures to ensure that 
     detainees are not subject to degrading or inhumane treatment 
     such as verbal or physical abuse or harassment, sexual abuse 
     or harassment, or arbitrary punishment.
       (2) Limitations on shackling.--Procedures limiting the use 
     of shackling, handcuffing, solitary confinement, and strip 
     searches of detainees to situations where it is necessitated 
     by security interests or other extraordinary circumstances.
       (3) Investigation of grievances.--Procedures for the prompt 
     and effective investigation of grievances raised by 
     detainees, including review of grievances by officials of the 
     Department who do not work at the same detention facility 
     where the detainee filing the grievance is detained.
       (4) Access to telephones.--Procedures permitting detainees 
     sufficient access to telephones, and the ability to contact, 
     free of charge, legal representatives, the immigration 
     courts, the Board of Immigration Appeals, and the Federal 
     courts through confidential toll-free numbers.
       (5) Location of facilities.--Location of detention 
     facilities, to the extent practicable, near sources of free 
     or low cost legal representation with expertise in asylum or 
     immigration law.
       (6) Procedures governing transfers of detainees.--
     Procedures governing the transfer of a detainee that take 
     into account--
       (A) the detainee's access to legal representatives; and
       (B) the proximity of the facility to the venue of the 
     asylum or removal proceeding.
       (7) Quality of medical care.--Prompt and adequate medical 
     care provided at no cost to the detainee, including dental 
     care, eye care, mental health care, individual and group 
     counseling, medical dietary needs, and other medically 
     necessary specialized care. Medical facilities in all 
     detention facilities used by the Department maintain current 
     accreditation by the National Commission on Correctional 
     Health Care (NCCHC). Requirements that each medical facility 
     that is not accredited by the Joint Commission on the 
     Accreditation of Health Care Organizations (JCAHO) will seek 
     to obtain such accreditation. Maintenance of complete medical 
     records for every detainee which shall be made available upon 
     request to a detainee, his legal representative, or other 
     authorized individuals.
       (8) Translation capabilities.--The employment of detention 
     facility staff that, to the extent practicable, are qualified 
     in the languages represented in the population of detainees 
     at a detention facility, and the provision of alternative 
     translation services when necessary.
       (9) Recreational programs and activities.--Daily access to 
     indoor and outdoor recreational programs and activities.
       (c) Special Standards for Noncriminal Detainees.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the special characteristics of noncriminal, 
     nonviolent detainees, and ensure that procedures and 
     conditions of detention are appropriate for a noncriminal 
     population; and
       (2) ensure that noncriminal detainees are separated from 
     inmates with criminal convictions, pretrial inmates facing 
     criminal prosecution, and those inmates exhibiting violent 
     behavior while in detention.
       (d) Special Standards for Vulnerable Populations.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the unique needs of asylum seekers, victims 
     of torture and trafficking, families with children, detainees 
     who do not speak English, detainees with special religious, 
     cultural or spiritual considerations, and other vulnerable 
     populations; and
       (2) ensure that procedures and conditions of detention are 
     appropriate for the populations listed in this subsection.
       (e) Training of Personnel.--
       (1) In general.--The Secretary shall ensure that personnel 
     in detention facilities are given specialized training to 
     better understand and work with the population of detainees 
     held at the facilities where they work. The training should 
     address the unique needs of--
       (A) asylum seekers;
       (B) victims of torture or other trauma; and
       (C) other vulnerable populations.
       (2) Specialized training.--The training required by this 
     subsection shall be designed to better enable personnel to 
     work with detainees from different countries, and detainees 
     who cannot speak English. The training shall emphasize that 
     many detainees have no criminal records and are being held 
     for civil violations.

     SEC. __08. OFFICE OF DETENTION OVERSIGHT.

       (a) Establishment of the Office.--
       (1) In general.--There shall be established within the 
     Department an Office of Detention Oversight (in this title 
     referred to as the ``Office'').
       (2) Head of the office.--There shall be at the head of the 
     Office an Administrator who shall be appointed by, and report 
     to, the Secretary.
       (3) Effective date.--The Office shall be established and 
     the head of the Office appointed not later than 6 months 
     after the date of the enactment of this Act.
       (b) Responsibilities of the Office.--
       (1) Inspections of detention centers.--The Office shall--
       (A) undertake frequent and unannounced inspections of all 
     detention facilities;
       (B) develop a procedure for any detainee or the detainee's 
     representative to file a written complaint directly with the 
     Office; and
       (C) report to the Secretary and to the Assistant Secretary 
     of Homeland Security for U.S. Immigration and Customs 
     Enforcement all findings of a detention facility's 
     noncompliance with detention standards.
       (2) Investigations.--The Office shall--
       (A) initiate investigations, as appropriate, into 
     allegations of systemic problems at detention facilities or 
     incidents that constitute serious violations of detention 
     standards;
       (B) report to the Secretary and the Assistant Secretary of 
     Homeland Security for U.S. Immigration and Customs 
     Enforcement the results of all investigations; and
       (C) refer matters, where appropriate, for further action 
     to--
       (i) the Department of Justice;
       (ii) the Office of the Inspector General of the Department 
     of Homeland Security;
       (iii) the Civil Rights Office of the Department of Homeland 
     Security; or
       (iv) any other relevant office of agency.
       (3) Report to congress.--
       (A) In general.--The Office shall annually submit a report 
     on its findings on detention conditions and the results of 
     its investigations to the Secretary, the Committees on the 
     Judiciary of the Senate and the House of Representatives, the 
     Committee on Homeland Security and Governmental Affairs of 
     the Senate, and the Committee on Homeland Security of the 
     House of Representatives.
       (B) Contents of report.--
       (i) Actions taken.--The report described in subparagraph 
     (A) shall also describe the actions to remedy findings of 
     noncompliance or other problems that are taken by the 
     Secretary, the Assistant Secretary of Homeland Security for 
     U.S. Immigration and Customs Enforcement, the Assistant 
     Secretary of Homeland Security for U.S. Immigration and 
     Customs Enforcement, and each detention facility found to be 
     in noncompliance.
       (ii) Results of actions.--The report shall also include 
     information regarding whether the actions taken were 
     successful and resulted in compliance with detention 
     standards.
       (4) Review of complaints by detainees.--The Office shall 
     establish procedures to receive and review complaints of 
     violations of the detention standards promulgated by the 
     Secretary. The procedures shall protect the anonymity of the 
     claimant, including detainees, employees or others, from 
     retaliation.
       (c) Cooperation With Other Offices and Agencies.--Whenever 
     appropriate, the Office shall cooperate and coordinate its 
     activities with--
       (1) the Office of the Inspector General of the Department 
     of Homeland Security;
       (2) the Civil Rights Office of the Department of Homeland 
     Security;
       (3) the Privacy Officer of the Department of Homeland 
     Security;
       (4) the Civil Rights Section of the Department of Justice; 
     and
       (5) any other relevant office or agency.

     SEC. __09. SECURE ALTERNATIVES PROGRAM.

       (a) Establishment of Program.--The Secretary shall 
     establish a secure alternatives program. For purposes of this 
     subsection, the secure alternatives program means a program 
     under which aliens may be released under enhanced supervision 
     to prevent them from absconding, and to ensure that they make 
     required appearances.
       (b) Program Requirements.--
       (1) Nationwide implementation.--The Secretary shall 
     facilitate the development of the secure alternatives program 
     on a nationwide basis, as a continuation of existing

[[Page S4723]]

     pilot programs such as the Intensive Supervision Appearance 
     Program (ISAP) developed by the Department of Homeland 
     Security.
       (2) Utilization of alternatives.--The program shall utilize 
     a continuum of alternatives based on the alien's need for 
     supervision, including placement of the alien with an 
     individual or organizational sponsor, or in a supervised 
     group home.
       (3) Aliens eligible for secure alternatives program.--
       (A) In general.--Aliens who would otherwise be subject to 
     detention based on a consideration of the release criteria in 
     section 236(b)(2), or who are released pursuant to section 
     236(d)(2), shall be considered for the secure alternatives 
     program.
       (B) Design of programs.--Secure alternatives programs shall 
     be designed to ensure sufficient supervision of the 
     population described in subparagraph (A).
       (4) Contracts.--The Department shall enter into contracts 
     with qualified nongovernmental entities to implement the 
     secure alternatives program. In designing the program, the 
     Secretary shall--
       (A) consult with relevant experts; and
       (B) consider programs that have proven successful in the 
     past, including the Appearance Assistance Program developed 
     by the Vera Institute and the Intensive Supervision 
     Appearance Program (ISAP) developed by the Department of 
     Homeland Security.

     SEC. __10. LESS RESTRICTIVE DETENTION FACILITIES.

       (a) Construction.--The Secretary shall facilitate the 
     construction or use of secure but less restrictive detention 
     facilities.
       (b) Criteria.--In developing detention facilities pursuant 
     to this section, the Secretary shall--
       (1) consider the design, operation, and conditions of 
     existing secure but less restrictive detention facilities, 
     such as the Department of Homeland Security detention 
     facilities in Broward County, Florida, and Berks County, 
     Pennsylvania;
       (2) to the extent practicable, construct or use detention 
     facilities where--
       (A) movement within and between indoor and outdoor areas of 
     the facility is subject to minimal restrictions;
       (B) detainees have ready access to social, psychological, 
     and medical services;
       (C) detainees with special needs, including those who have 
     experienced trauma or torture, have ready access to services 
     and treatment addressing their needs;
       (D) detainees have ready access to meaningful programmatic 
     and recreational activities;
       (E) detainees are permitted contact visits with legal 
     representatives, family members, and others;
       (F) detainees have access to private toilet and shower 
     facilities;
       (G) prison-style uniforms or jumpsuits are not required; 
     and
       (H) special facilities are provided to families with 
     children.
       (c) Facilities for Families With Children.--For situations 
     where release or secure alternatives programs are not an 
     option, the Secretary shall ensure that special detention 
     facilities are specifically designed to house parents with 
     their minor children, including ensuring that--
       (1) procedures and conditions of detention are appropriate 
     for families with minor children; and
       (2) living and sleeping quarters for parents and minor 
     children are not physically separated.
       (d) Placement in Nonpunitive Facilities.--Priority for 
     placement in less restrictive facilities shall be given to 
     asylum seekers, families with minor children, vulnerable 
     populations, and nonviolent criminal detainees.
       (e) Procedures and Standards.--Where necessary, the 
     Secretary shall promulgate new standards, or modify existing 
     detention standards, to promote the development of less 
     restrictive detention facilities.

     SEC. __11. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as are 
     necessary to carry out this title.

     SEC. __12. EFFECTIVE DATE.

       Except as otherwise provided, this title shall take effect 
     6 months after the date of the enactment of this Act.
                                 ______
                                 
  SA 4061. Mr. LIEBERMAN (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ESTABLISHMENT OF THE OFFICE OF IMMIGRATION POLICY.

       (a) In General.--Subtitle F of title IV of the Homeland 
     Security Act of 2002 (6 U.S.C. 201 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 479. OFFICE OF IMMIGRATION POLICY.

       ``(a) Establishment.--There is established within the 
     Department the Office of Immigration Policy (referred to in 
     this section as the `Office').
       ``(b) Purpose.--The Office shall coordinate all Department 
     policies and programs relating to immigration and border 
     security.
       ``(c) Director.--
       ``(1) Appointment.--The Office shall be headed by a 
     Director, who shall--
       ``(A) be appointed by the Secretary; and
       ``(B) report to the Assistant Secretary for Policy.
       ``(2) Responsibilities.--The Director shall--
       ``(A) advise the Secretary and the Assistant Secretary for 
     Policy regarding all aspects of Department programs relating 
     to immigration and border security;
       ``(B) develop Department-wide policies regarding 
     immigration and border security;
       ``(C) coordinate the immigration and border security 
     policies and programs of the Department with other executive 
     agencies; and
       ``(D) coordinate all policies and programs of the 
     Department relating to immigration and border security among 
     United States Immigration and Customs Enforcement, United 
     States Customs and Border Protection, United States 
     Citizenship and Immigration Services, and other agencies of 
     the Department.''.
       (b) Clerical Amendment.--The table of contents for the 
     Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) is 
     amended by inserting after the item relating to section 478 
     the following:

``Sec. 479. Office of Immigration Policy.''.
                                 ______
                                 
  SA 4062. Ms. LANDRIEU submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. RESIDENCY REQUIREMENTS FOR CERTAIN ALIEN SPOUSES.

       Notwithstanding any other provision of law, for purposes of 
     determining eligibility for naturalization under section 319 
     of the Immigration and Nationality Act with respect to an 
     alien spouse who is married to a citizen spouse who was 
     stationed abroad on orders from the United States Government 
     for a period of not less than 1 year and reassigned to the 
     United States thereafter, the following rules shall apply:
       (1) The citizen spouse shall be treated as regularly 
     scheduled abroad without regard to whether the citizen spouse 
     is reassigned to duty in the United States.
       (2) Any period of time during which the alien spouse is 
     living abroad with his or her citizen spouse shall be treated 
     as residency within the United States for purposes of meeting 
     the residency requirements under section 319 of the 
     Immigration and Nationality Act, even if the citizen spouse 
     is reassigned to duty in the United States at the time the 
     alien spouse files an application for naturalization.
                                 ______
                                 
  SA 4063. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. PEACE GARDEN PASS.

       (a) Authorization.--Notwithstanding section 7209(b) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458), the Secretary, in consultation with the 
     Director of the Bureau of Citizenship and Immigration 
     Services, shall develop a travel document (referred to in 
     this section as the ``Peace Garden Pass'') to allow citizens 
     and nationals of the United States to travel to the 
     International Peace Garden.
       (b) Admittance.--The Peace Garden Pass shall be issued to, 
     and shall authorize the admittance of, any person who enters 
     the International Peace Garden from the United States and 
     exits the International Peace Garden into the United States 
     without having been granted entry into Canada.
       (c) Identification.--The Secretary of State, in 
     consultation with the Secretary, shall--
       (1) determine what form of identification (other than a 
     passport, passport card, or similar alternative to a 
     passport) will be required to be presented by individuals 
     applying for the Peace Garden Pass; and
       (2) ensure that cards are only issued to--
       (A) individuals providing the identification required under 
     paragraph (1); or
       (B) individuals under 18 years of age who are accompanied 
     by an individual described in subparagraph (A).
       (d) Limitation.--The Peace Garden Pass shall not grant 
     entry into Canada.
       (e) Duration.--Each Peace Garden Pass shall be valid for a 
     period not to exceed 14 days. The actual period of validity 
     shall be determined by the issuer depending on the individual 
     circumstances of the applicant and shall be clearly indicated 
     on the pass.
       (f) Cost.--The Secretary may not charge a fee for the 
     issuance of a Peace Garden Pass.
                                 ______
                                 
  SA 4064. Mr. INHOFE (for himself, Mr. Byrd, Mr. Bunning, Mr. Burns, 
Mr. Chambliss, Mr. Coburn, Mr. Enzi, Mr. Sessions, and Mr. Graham) 
proposed an amendment to the bill S. 2611, to provide for comprehensive 
immigration reform and for other purposes; as follows:

       On page 295, line 22, strike ``the alien--'' and all that 
     follows through page 296, line 5, and insert ``the alien 
     meets the requirements of section 312.''.

[[Page S4724]]

       On page 352, line 3, strike ``either--'' and all that 
     follows through line 15, and insert ``meets the requirements 
     of section 312(a) (relating to English proficiency and 
     understanding of United States history and Government).''.
       On page 614, after line 5, insert the following:

     SEC. 766. ENGLISH AS NATIONAL LANGUAGE

       (a) In General.--Title 4, United States Code, is amended by 
     adding at the end the following:
                ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT
``Sec.
``161. Declaration of national language
``162. Preserving and enhancing the role of the national language

     ``Sec. 161. Declaration of official language

       ``English is the national language of the United States

     Sec. 162. Preserving and enhancing the role of the national 
       language

       ``The Government of the United States shall preserve and 
     enhance the role of English as the national language of the 
     United States of America. Unless specifically stated in 
     applicable law, no person has a right, entitlement, or claim 
     to have the Government of the United States or any of its 
     officials or representatives act, communicate, perform or 
     provide services, or provide materials in any language 
     other than English. If exceptions are made, that does not 
     create a legal entitlement to additional services in that 
     language or any language other than English. If any forms 
     are issued by the Federal Government in a language other 
     than English (or such forms are completed in a language 
     other than English), the English language version of the 
     form is the sole authority for all legal purposes.'' .
       (b) Conforming Amendment.--The table of chapters for title 
     4, United States Code, is amended by adding at the end the 
     following:

``6. Language of the Government..............................161''.....

     SEC. 767. REQUIREMENTS FOR NATURALIZATION.

       (a) Findings.--The Senate makes the following findings:
       (1). Under United States law (8 U.S.C. 1423 (a)), lawful 
     permanent residents of the United States who have immigrated 
     from foreign countries must, among other requirements, 
     demonstrate an understanding of the English language, United 
     States history and Government, to become citizens of the 
     United States.
       (2). The Department of Homeland Security is currently 
     conducting a review of the testing process used to ensure 
     prospective United States citizens demonstrate said knowledge 
     of the English language and United States history and 
     government for the purpose of redesigning said test.
       (b) Definitions.--For purposes of this section only, the 
     following words are defined:
       (1) Key document.--The term ``key documents'' means the 
     documents that established or explained the foundational 
     principles of democracy in the United States, including the 
     United States Constitution and the amendments to the 
     Constitution (particularly the Bill of Rights), the 
     Declaration of Independence, the Federalist Papers, and the 
     Emancipation Proclamation.
       (2) Key events,-- The term ``key events'' means the 
     critical turning points in the history of the United States 
     (including the American Revolution, the Civil War, the world 
     wars of the twentieth century, the civil rights movement, and 
     the major court decisions and legislation) that contributed 
     to extending the promise of democracy in American life.
       (3) Key ideas.--The term ``key ideas'' means the ideas that 
     shaped the democratic institutions and heritage of the United 
     States, including the notion of equal justice under the law, 
     freedom, individualism, human rights, and a belief in 
     progress.
       (4) Key persons.--The term ``key persons'' means the men 
     and women who led the United States as founding fathers, 
     elected officials, scientists, inventors, pioneers, advocates 
     of equal rights, entrepreneurs, and artists.
       (c) Goals for Citizenship Test Redesign.--The Department of 
     Homeland Security shall establish as goals of the testing 
     process designed to comply with provisions of [8 U.S.C. 1423 
     (a)] that prospective citizens:
       1. demonstrate a sufficient understanding of the English 
     language for usage in everyday life;
       2. demonstrate an understanding of American common values 
     and traditions, including the principles of the Constitution 
     of the United States, the Pledge of Allegiance, respect for 
     the flag of the United States, the National Anthem, and 
     voting in public elections;
       3. demonstrate an understanding of the history of the 
     United States, including the key events, key persons, key 
     ideas, and key documents that shaped the institutions and 
     democratic heritage of the United States;
       4. demonstrate an attachment to the principles of the 
     Constitution of the United States and the well being and 
     happiness of the people of the United States; and
       5. Demonstrate an understanding of the rights and 
     responsibilities of citizenship in the United States.
       (d) Implementation.--The Secretary of Homeland Security 
     shall implement changes to the testing process designed to 
     ensure compliance with [8 U.S.C. 1423 (a)] not later than 
     January 1, 2008.
                                 ______
                                 
  SA 4065. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On Page 295, strike lines 14 through 16 and insert the 
     following:
       ``(B) by the alien, if--
       ``(i) the alien has maintained such nonimmigrant status in 
     the United States for a cumulative period of not less than 4 
     years of employment;
       ``(ii) the Secretary of Labor determines and certifies that 
     there are not sufficient United States workers who are able, 
     willing, qualified, and available to fill the job position, 
     and
       ``(iii) an employer attests that the employer will employ 
     the alien in the offered job position; or
       ``(iv) the alien shall submit at least 2 of the following 
     documents for current employment, which shall be considered 
     evidence of such current employment:
       ``(aa) Records maintained by the Social Security 
     Administration.
       ``(bb) Records maintained by an employer, such as pay 
     stubs, time sheets, or employment work verification.
       ``(cc) Records maintained by Internal Revenue Service.
       ``(dd) Records maintained by any other government agency, 
     such as worker compensation records, disability records, or 
     business licensing records.''

                          ____________________