[Congressional Record Volume 152, Number 62 (Thursday, May 18, 2006)]
[Senate]
[Pages S4811-S4815]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4066. Mr. KENNEDY (for himself, Mr. McCain, 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, after line 16 insert the following:
       ``or
       ``(iv) 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 position in 
     which the alien is, or will be, employed; and
       ``(v) the alien submits at least 2 documents to establish 
     current employment, as follows:

       ``(I) Records maintained by the Social Security 
     Administration.
       ``(II) Records maintained by the alien's employer, such as 
     pay stubs, time sheets, or employment work verification.
       ``(III) Records maintained by the Internal Revenue Service.
       ``(IV) Records maintained by any other government agency, 
     such as worker compensation records, disability records, or 
     business licensing records.

                                 ______
                                 
  SA 4067. Mr. SALAZAR 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:

     Sec. 161. Declaration of English

       English is the common language of the United States that 
     helps provide unity for the people 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 
     America. Unless otherwise authorized or provided for by law, 
     no person has a legal entitlement to services authorized or 
     provided for by the Federal Government in any language other 
     than English.
       (b) Conforming Amendment.--A The table of chapters for 
     title 4, United States Code, is amended by adding at the 
     Language of the Government of the United States.
       Section 767. Requirements for Naturalization
       (a) Findings.--The Senate makes the following findings:
       a. Under United States law (8 USC 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.
       b. 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 documents.--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 USC 1423 
     (a)] that prospective citizens:
       a. demonstrate a sufficient understanding of the English 
     language for usage in everyday life;
       b. 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;
       c. 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; and
       d. 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
       e. 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 4068. 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:

       Beginning on page 350, strike line 1 and all that follows 
     through ``inference.'' on page 351, line 1, and insert the 
     following:

       ``(II) Other documents.--An alien who is unable to submit a 
     document described in subclause (I) may satisfy the 
     requirement in clause (i) by submitting to the Secretary at 
     least 2 other types of reliable documents that provide 
     evidence of employment for each required period of 
     employment, including--

       ``(aa) bank records;
       ``(bb) business records;
       ``(cc) sworn affidavits from non-relatives who have direct 
     knowledge of the alien's work, including the name, address, 
     and phone number of the affiant, the nature and duration of 
     the relationship between the affiant and the alien, and other 
     verification information; or
       ``(dd) remittance records.
       ``(v) Burden of proof.--An alien applying for adjustment of 
     status under this subsection has the burden of proving by a 
     preponderance of the evidence that the alien has satisfied 
     the employment requirements in clause (i).
       Beginning on page 366, strike line 9 and all that follows 
     to page 368, line 16.
       On page 374, line 22, insert after ``work'' the following: 
     ``, including the name, address, and phone number of the 
     affiant, the nature and duration of the relationship between 
     the affiant and the alien, and other verification 
     information''.
       At page 391, line 25, strike ``deferred mandatory departure 
     status'' and replace with ``any benefit under this title''.
       At page 392, line 12, strike ``deferred mandatory departure 
     status'' and replace with ``any benefit under this title''.
       At page 393, lines 6-7, strike ``deferred mandatory 
     departure status'' and replace with ``any benefit under this 
     title.''
       At page 393, lines 11-12, strike ``deferred mandatory 
     departure status'' and replace with ``any benefit under this 
     title''.
       At page 392, lines 8-9, strike ``deferred mandatory 
     departure status'' and replace with ``any benefit under this 
     title''.
       Insert at page 392, line 23: ``(r) The Secretary of 
     Homeland Security shall ensure that denials of any benefit 
     under this title are subject to supervisory review and 
     approval.''
                                 ______
                                 
  SA 4069. Mr. REED 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 348, between lines 21 and 22, insert the following:

       ``(V) The employment requirement in clause (i)(I) shall not 
     apply to an individual who is over 59 years of age on the 
     date of enactment of the Immigrant Accountability Act of 
     2006.

                                 ______
                                 
  SA 4070. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform

[[Page S4812]]

and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. NUMERICAL LIMITATIONS ON H-2A VISAS.

       Section 214(g)(1) (8 U.S.C. 1184(g)(1)), as amended by 
     sections 408(g) and 508(c)(1), is further amended--
       (1) in subparagraph (A)(ix), by striking ``or'' at the end;
       (2) in subparagraph (B), by striking ``and'' at the end;
       (3) in subparagraph (C), by striking the period at the end 
     and inserting ``; and''; and
       (4) by adding at the end the following:
       ``(D) under section 101(a)(15)(H)(ii)(a) may not exceed 
     90,000.''.
                                 ______
                                 
  SA 4071. Mr. BOND (for himself and Mr. Gregg) 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 336, strike line 14 and all that follows through 
     ``(d)'' on page 337, line 19, and insert the following:
       (b) Creation of J-STEM Visa Category.--Section 
     101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is amended to read as 
     follows:
       ``(J) an alien with a residence in a foreign country that 
     (except in the case of an alien described in clause (ii)) the 
     alien has no intention of abandoning, who is a bona fide 
     student, scholar, trainee, teacher, professor, research 
     assistant, specialist, or leader in a field of specialized 
     knowledge or skill, or other person of similar description, 
     and who--
       ``(i) is coming temporarily to the United States as a 
     participant in a program (other than a graduate program 
     described in clause (ii)) designated by the Secretary of 
     State, for the purpose of teaching, instructing or lecturing, 
     studying, observing, conducting research, consulting, 
     demonstrating special skills, or receiving training and who, 
     if coming to the United States to participate in a program 
     under which the alien will receive graduate medical education 
     or training, also meets the requirements of section 212(j), 
     and the alien spouse and minor children of any such alien if 
     accompanying the alien or following to join the alien; or
       ``(ii) has been accepted and plans to attend an accredited 
     graduate program in the sciences, technology, engineering, or 
     mathematics in the United States for the purpose of obtaining 
     an advanced degree.''.
       (c) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C. 
     1184(b)) is amended by striking ``subparagraph (L) or (V)'' 
     and inserting ``subparagraph (F)(iv), (J)(ii), (L), or (V)''.
       (d) Requirements for F-4 or J-STEM Visa.--Section 214(m) (8 
     U.S.C. 1184(m)) is amended--
       (1) by inserting before paragraph (1) the following:
       ``(m) Nonimmigrant Elementary, Secondary, and Post-
     Secondary School Students.--''; and
       (2) by adding at the end the following:
       ``(3) A visa issued to an alien under subparagraph (F)(iv) 
     or (J)(ii) of section 101(a)(15) shall be valid--
       ``(A) during the intended period of study in a graduate 
     program described in such section;
       ``(B) for an additional period, not to exceed 1 year after 
     the completion of the graduate program, if the alien is 
     actively pursuing an offer of employment related to the 
     knowledge and skills obtained through the graduate program; 
     and
       ``(C) for the additional period necessary for the 
     adjudication of any application for labor certification, 
     employment-based immigrant petition, and application under 
     section 245(a)(2) to adjust such alien's status to that of an 
     alien lawfully admitted for permanent residence, if such 
     application for labor certification or employment-based 
     immigrant petition has been filed not later than 1 year after 
     the completion of the graduate program.''.
       (e) Waiver of Foreign Residence Requirement.--Section 
     212(e) (8 U.S.C. 1182(e)) is amended--
       (1) by inserting ``(1)'' before ``No person'';
       (2) by striking ``admission (i) whose'' and inserting the 
     following: ``admission--
       ``(A) whose'';
       (3) by striking ``residence, (ii) who'' and inserting the 
     following: ``residence;
       ``(B) who'';
       (4) by striking ``engaged, or (iii) who'' and inserting the 
     following: ``engaged; or
       ``(C) who'';
       (5) by striking ``training, shall'' and inserting the 
     following: ``training,
     ``shall'';
       (6) by striking ``United States: Provided, That upon'' and 
     inserting the following: ``United States.
       ``(2) Upon'';
       (7) by striking ``section 214(l): And provided further, 
     That, except'' and inserting the following: ``section 214(l).
       ``(3) Except''; and
       (8) by adding at the end the following:
       ``(4) An alien who has been issued a visa or otherwise 
     provided nonimmigrant status under section 101(a)(15)(J)(ii), 
     or who would have qualified for such nonimmigrant status if 
     section 101(a)(15)(J)(ii) had been enacted before the 
     completion of such alien's graduate studies, shall not be 
     subject to the 2-year foreign residency requirement under 
     this subsection.''.
       (f)
       On page 339, line 10, strike ``(e)'' and insert ``(g)''.
       On page 340, strike line 12 and all that follows through 
     ``(f)'' on page 341, line 5, and insert the following:
       ``(A) the alien has been issued a visa or otherwise 
     provided nonimmigrant status under subparagraph (J)(ii) or 
     (F)(iv) of section 101(a)(15), or would have qualified for 
     such nonimmigrant status if subparagraph (J)(ii) or (F)(iv) 
     of section 101(a)(15) had been enacted before the completion 
     of such alien's graduate studies;
       ``(B) the alien has earned an advanced degree in the 
     sciences, technology, engineering, or mathematics;
       ``(C) the alien is the beneficiary of a petition filed 
     under subparagraph (E) or (F) of section 204(a)(1); and
       ``(D) a fee of $2,000 is remitted to the Secretary on 
     behalf of the alien.
       ``(3) Limitation.--An application for adjustment of status 
     filed under this section may not be approved until an 
     immigrant visa number becomes available.''.
       (h)
                                 ______
                                 
  SA 4072. Mrs. CLINTON (for herself, Mr. Obama, Mrs. Boxer, Mr. 
Salazar, and Mr. Schumer) submitted an amendment intended to be 
proposed by her to the bill S. 2611, to provide for comprehensive 
immigration reform and for other purposes; as follows:

       On page 259, line 23, strike ``section 286(c)'' and insert 
     ``section 286(x)''.
       On page 264, strike line 13, and insert the following:
       ``(x) State Impact Assistance Account.--
       ``(1) Establishment.--There
       On page 264, strike line 20, and insert the following:

     ``218A and 218B.
       ``(2) State criminal alien assistance program account; 
     state health and education assistance account.--
       ``(A) State criminal alien assistance program account.--
       ``(i) Establishment.--There is established within the State 
     Impact Aid Account a State Criminal Alien Assistance Program 
     Account.
       ``(ii) Deposits.--Notwithstanding any other provision under 
     this Act, there shall be deposited in the State Criminal 
     Alien Assistance Program Account 25 percent of all amounts 
     deposited in the State Impact Aid Account, which shall be 
     available to the Attorney General to disburse in accordance 
     with section 241(i).
       ``(B) State health and education assistance account.--
       ``(i) Establishment.--There is established within the State 
     Impact Assistance Account a State Health and Education 
     Assistance Account.
       ``(ii) Deposits.--Notwithstanding any other provision under 
     this Act, there shall be deposited in the State Health and 
     Education Assistance Account 75 percent of all amounts 
     deposited in the State Impact Aid Account.
       ``(3) State impact assistance grant program.--
       ``(A) Establishment.--Not later than January 1 of each year 
     beginning after the date of enactment of the Comprehensive 
     Immigration Reform Act of 2006, the Secretary of Homeland 
     Security, in cooperation with the Secretary of Health and 
     Human Services (referred to in this paragraph as the 
     `Secretary'), shall establish a State Impact Assistance Grant 
     Program, under which the Secretary shall award grants to 
     States for use in accordance with subparagraph (D).
       ``(B) Available funds.--For each fiscal year beginning 
     after the date of enactment of this subsection, the Secretary 
     shall use \1/2\ of the amounts deposited into the State 
     Health and Education Assistance Account under paragraph 
     2(B)(ii) during the preceding year .
       ``(C) Allocation.--The Secretary shall allocate grants 
     under this paragraph as follows:
       ``(i) Noncitizen population.--

       ``(I) In general.--Subject to subclause (II), 80 percent 
     shall be allocated to States on a pro-rata basis according to 
     the ratio that, based on the most recent year for which data 
     of the Bureau of the Census exists--

       ``(aa) the noncitizen population of the State; bears to
       ``(bb) the noncitizen population of all States.

       ``(II) Minimum amount.--Notwithstanding the formula under 
     subclause (I), no State shall receive less than $5,000,000 
     under this clause.

       ``(ii) High growth rates.--Twenty percent shall be 
     allocated on a pro-rata basis among the 20 States with the 
     largest growth rate in noncitizen population, as determined 
     by the Secretary, according to the ratio that, based on the 
     most recent year for which data of the Bureau of the Census 
     exists--

       ``(I) the growth rate in the noncitizen population of the 
     State during the most recent 3-year period for which data is 
     available; bears to
       ``(II) the combined growth rate in noncitizen population of 
     the 20 States during the 3-year period described in subclause 
     (I).

       ``(iii) Funding for local entities.--The Secretary shall 
     require recipients of the State Impact Assistance Grants to 
     provide units of local governments with not less than 70 
     percent of the grant funds not later than 180 days after the 
     State receives grant funding. States shall distribute funds 
     to units of local government based on demonstrated need and 
     function.

[[Page S4813]]

       ``(D) Use of funds.--A State shall use a grant received 
     under this paragraph to return funds to State and local 
     governments, organizations, and entities for the costs of 
     providing health services and educational services to 
     noncitizens.
       ``(E) Administration.--A unit of local government, 
     organization, or entity may provide services described in 
     subparagraph (D) directly or pursuant to contracts with the 
     State or another entity, including--
       ``(i) a unit of local government;
       ``(ii) a public health provider, such as a hospital, 
     community health center, or other appropriate entity;
       ``(iii) a local education agency; and
       ``(iv) a charitable organization.
       ``(F) Refusal.--
       ``(i) In general.--A State may elect to refuse any grant 
     under this paragraph.
       ``(ii) Action by secretary.--On receipt of notice of a 
     State of an election under clause (i), the Secretary shall 
     deposit the amount of the grant that would have been provided 
     to the State into the State Impact Assistance Account.
       ``(G) Reports.--
       ``(i) In general.--Not later than March 1 of each year, 
     each State that received a grant under this paragraph during 
     the preceding fiscal year shall submit to the Secretary a 
     report in such manner and containing such information as the 
     Secretary may require, in accordance with clause (ii).
       ``(ii) Contents.--A report under clause (i) shall include a 
     description of--

       ``(I) the services provided in the State using the grant;
       ``(II) the amount of grant funds used to provide each 
     service and the total amount available during the applicable 
     fiscal year from all sources to provide each service; and
       ``(III) the method by which the services provided using the 
     grant addressed the needs of communities with significant and 
     growing noncitizen populations in the State.

       ``(H) Collaboration.--In promulgating regulations and 
     issuing guidelines to carry out this paragraph, the Secretary 
     shall collaborate with representatives of State and local 
     governments.
       ``(I) State appropriations.--Funds received by a State 
     under this paragraph shall be subject to appropriation by the 
     legislature of the State, in accordance with the terms and 
     conditions described in this paragraph.
       ``(J) Exemption.--Notwithstanding any other provision of 
     law, section 6503(a) of title 31, United States Code, shall 
     not apply to funds transferred to States under this 
     paragraph.
       ``(K) Definition of state.--In this paragraph, the term 
     `State' means each of--
       ``(i) the several States of the United States;
       ``(ii) the District of Columbia;
       ``(iii) the Commonwealth of Puerto Rico;
       ``(iv) the Virgin Islands;
       ``(v) American Samoa; and
       ``(vi) the Commonwealth of the Northern Mariana Islands.''.
       On page 371, line 4, strike ``(B) 10 percent'' and insert 
     the following:
       ``(B) 10 percent of such funds shall be deposited in the 
     State Impact Aid Account in the Treasury in accordance with 
     section 286(x);
       ``(C) 5 percent
       On page 371, line 8, strike ``(C) 10 percent'' and insert 
     ``(D) 5 percent''.
                                 ______
                                 
  SA 4073. SALAZAR (for himself, Mr. Durbin, Mr. Kennedy, Mr. Bingaman, 
and Mr. Reid) submitted an amendment intended to be proposed by him to 
the bill. S. 2611, to provide for comprehensive immigration reform and 
for other purposes; as follows:

       At the appropriate place insert the following 
     notwithstanding any other provision:

     SEC. 161. DECLARATION OF ENGLISH

       English is the common and unifying language of the United 
     States that helps provide unity for the people of the United 
     States.

     SEC. 162. PRESERVING AND ENHANCING THE ROLE OF THE ENGLISH 
                   LANGUAGE

       The Government of the United States shall preserve and 
     enhance the role of English as the common and unifying 
     language of America. Nothing herein shall diminish or expand 
     any existing rights under the law of the United States 
     relative to services or materials provided by the government 
     of the United States in any language other than English.
       For the purposes of this section, law is defined as 
     including provisions of the U.S. Code the U.S. Constitution, 
     controlling judicial decisions, regulations, and Presidential 
     Executive Orders.
       (b) Conforming Amendment.--The table of chapters for title 
     4, United State Code, is amended by adding at the Language of 
     Government of the United States.
                                 ______
                                 
  SA 4074. Mr. OBAMA (for himself, Mr. Reid, and Mr. Harkin) 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 151, between lines 6 and 7, insert the following:
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Director of the Federal Bureau of 
     Investigations $3,125,000 for each of fiscal years 2007 
     through 2011 for improving the speed and accuracy of 
     background and security checks conducted by the Federal 
     Bureau of Investigations on behalf of the Bureau of 
     Citizenship and Immigrations Services.
       (d) Report on Background and Security Checks.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Federal Bureau 
     of Investigations shall submit to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives a report on the background and 
     security checks conducted by the Federal Bureau of 
     Investigations on behalf of the Bureau of Citizenship and 
     Immigrations Services
       (2) Content.--The report required under paragraph (1) shall 
     include--
       (A) a description of the background and security check 
     program;
       (B) a statistical breakdown of the background and security 
     check delays associated with different types of immigration 
     applications;
       (C) a statistical breakdown of the background and security 
     check delays by applicant country of origin; and
       (D) the steps the Federal Bureau of Investigations is 
     taking to expedite background and security checks that have 
     been pending for more than 60 days.
                                 ______
                                 
  SA 4075. Mrs. FEINSTEIN (for herself and Mr. Grassley) 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 343, strike lines 12 through 24 and insert the 
     following:
       (B) in subparagraph (A)--
       (i) in clause (vii), by striking ``each succeeding fiscal 
     year; or'' and inserting ``each of fiscal years 2004, 2005, 
     and 2006; and''; and
       (ii) by adding after clause (vii) the following:
       ``(viii) 115,000 in each succeeding fiscal year; or''; and
       On page 344, line 7, strike the semicolon at the end and 
     all that follows through line 24 and insert a period.
                                 ______
                                 
  SA 4076. Mr. ENSIGN (for himself, Mr. Graham, and Mr. Craig) 
submitted an amendment intended to be proposed by him to the bill S. 
2611, to provide for comprehensive immigration reform and for other 
purposes; as follows:

       At the end of subtitle C of title I, add the following:

     SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE 
                   SOUTHERN LAND BORDER OF THE UNITED STATES.

       ``(a) Authority To Provide Assistance.--(1) With the 
     approval of the Secretary of Defense, the Governor of a State 
     may order any units or personnel of the National Guard of 
     such State to perform annual training duty under section 
     502(a) of title 32, United States Code, to carry out in any 
     State along the southern land border of the United States the 
     activities authorized in subsection (b), for the purpose of 
     securing such border. Such duty shall not exceed 21 days in 
     any year.
       (2) With the approval of the Secretary of Defense, the 
     Governor of a State may order any units or personnel of the 
     National Guard of such State to perform duty under section 
     502(f) of title 32, United States Code, to provide command, 
     control, and continuity of support for units or personnel 
     performing annual training duty under paragraph (1).
       ``(b) Authorized Activities.--The activities authorized by 
     this subsection are any of the following:
       ``(1) Ground reconnaissance activities;
       ``(2) Airborne reconnaissance activities;
       ``(3) Logistical support;
       ``(4) Provision of translation services and training;
       ``(5) Administrative support services;
       ``(6) Technical training services;
       ``(7) Emergency medical assistance and services;
       ``(8) Communications services;
       ``(9) Rescue of aliens in peril;
       ``(10) Construction of roadways, patrol roads, fences, 
     barriers, and other facilities to secure the southern land 
     border of the United States; and
       ``(11) Ground and air transportation.
       ``(c) Cooperative Agreements.--Units and personnel of the 
     National Guard of a State may perform activities in another 
     State under subsection (a) only pursuant to the terms of 
     an emergency management assistance compact or other 
     cooperative arrangement entered into between Governors of 
     such States for purposes of this section, and only with 
     the approval of the Secretary of Defense.
       ``(d) Coordination of Assistance.--The Secretary of 
     Homeland Security shall, in consultation with the Secretary 
     of Defense and the Governors of the States concerned, 
     coordinate the performance of activities under this section 
     by units and personnel of the National Guard.
       ``(e) Annual Training.--Annual training duty performed by 
     members of the National Guard under subsection (a) shall be 
     appropriate for the units and individual members concerned, 
     taking into account the types of units and military 
     occupational specialties of individual members performing 
     such duty.
       ``(f) Definitions.--In this section:

[[Page S4814]]

       ``(1) The term `Governor of a State' means, in the case of 
     the District of Columbia, the Commanding General of the 
     National Guard of the District of Columbia.
       ``(2) The term `State' means each of the several States, 
     the District of Columbia, the Commonwealth of Puerto Rico, 
     Guam, and the Virgin Islands.
       ``(3) The term `State along the southern border of the 
     United States' means each of the following:
       ``(A) The State of Arizona.
       ``(B) The State of California.
       ``(C) The State of New Mexico.
       ``(D) The State of Texas.
       (g) Duration of Authority.--The authority of this section 
     shall expire on January 1, 2009.
       (h) Prohibition on Direct Participation in Law 
     Enforcement.--Activities carried out under the authority of 
     this section shall not include the direct participation of a 
     member of the National Guard in a search, seizure, arrest, or 
     similar activity.
       (i) Reimbursement.--The Secretary of Homeland Security 
     shall reimburse the Secretary of Defense for any support 
     beyond that authorized by subsection (a)(1) that is provided 
     by the National Guard or the armed forces to components of 
     the Department of Homeland Security for the purpose of 
     securing the southern land border of the United States.
                                 ______
                                 
  SA 4077. Mr. BIDEN 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 259, strike lines 5 through 8 and insert the 
     following:
       ``(1) any relief under section 240A(a), 240A(b)(1), or 
     240B; or
       ``(2) nonimmigrant status under section 101(a)(15) (except 
     subparagraphs (T) and (U)).
                                 ______
                                 
  SA 4078. Mr. BIDEN 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. __. RETURN OF TALENT PROGRAM.

       (a) Short Title.--This section may be cited as the ``Return 
     of Talent Act''.
       (b) Temporary Return of Aliens to Home Country.--
       (1) In general.--Title III (8 U.S.C. 1401 et seq.) is 
     amended by inserting after section 317 the following:


 ``TEMPORARY ABSENCE OF PERSONS PARTICIPATING IN THE RETURN OF TALENT 
                                PROGRAM

       ``Sec. 317A.  (a) In General.--The Secretary of Homeland 
     Security, in consultation with the Secretary of State, shall 
     establish the Return of Talent Program to permit eligible 
     aliens to temporarily return to the alien's country of 
     citizenship in order to make a material contribution to that 
     country if the country is engaged in post-conflict or natural 
     disaster reconstruction activities, for a period not 
     exceeding 24 months, unless an exception is granted under 
     subsection (d).
       ``(b) Eligible Alien.--An alien is eligible to participate 
     in the Return of Talent Program established under subsection 
     (a) if the alien meets the special immigrant description 
     under section 101(a)(27)(O).
       ``(c) Family Members.--The spouse, parents, siblings, and 
     any minor children of an alien who participates in the Return 
     of Talent Program established under subsection (a) may return 
     to such alien's country of citizenship with the alien and 
     reenter the United States with the alien.
       ``(d) Extension of Time.--The Secretary of Homeland 
     Security may extend the 24-month period referred to in 
     subsection (a) upon a showing that circumstances warrant that 
     an extension is necessary for post-conflict or natural 
     disaster reconstruction efforts.
       ``(e) Residency Requirements.--An immigrant described in 
     section 101(a)(27)(O) who participates in the Return of 
     Talent Program established under subsection (a), and the 
     spouse, parents, siblings, and any minor children who 
     accompany such immigrant to that immigrant's country of 
     citizenship, shall be considered, during such period of 
     participation in the program--
       ``(1) for purposes of section 316(a), physically present 
     and residing in the United States for purposes of 
     naturalization within the meaning of that section; and
       ``(2) for purposes of section 316(b), to meet the 
     continuous residency requirements in that section.
       ``(f) Oversight and Enforcement.--The Secretary of Homeland 
     Security, in consultation with the Secretary of State, shall 
     oversee and enforce the requirements of this section.''.
       (2) Table of contents.--The table of contents is amended by 
     inserting after the item relating to section 317 the 
     following:

``317A. Temporary absence of persons participating in the Return of 
              Talent Program.''.

       (c) Eligible Immigrants.--Section 101(a)(27) (8 U.S.C. 
     1101(a)(27)), as amended by section 508, is further amended--
       (1) in subparagraph (M), by striking ``or'' at the end;
       (2) in subparagraph (N), by striking the period and 
     inserting ``; or''; and
       (3) by adding at the end the following:
       ``(O) an immigrant who--
       ``(i) has been lawfully admitted to the United States for 
     permanent residence;
       ``(ii) demonstrates an ability and willingness to make a 
     material contribution to the post-conflict or natural 
     disaster reconstruction in the alien's country of 
     citizenship; and
       ``(iii) as determined by the Secretary of State in 
     consultation with the Secretary of Homeland Security--
       ``(I) is a citizen of a country in which Armed Forces of 
     the United States are engaged, or have engaged in the 10 
     years preceding such determination, in combat or peacekeeping 
     operations;
       ``(II) is a citizen of a country where authorization for 
     United Nations peacekeeping operations was initiated by the 
     United Nations Security Council during the 10 years preceding 
     such determination; or
       ``(III) is a citizen of a country which received, during 
     the preceding 2 years, funding from the Office of Foreign 
     Disaster Assistance of the United States Agency for 
     International Development in response to a declared disaster 
     in such country by the United States Ambassador, the Chief of 
     the U.S. Mission, or the appropriate Assistant Secretary of 
     State, that is beyond the ability of such country's response 
     capacity and warrants a response by the United States 
     Government.''.
       (d) Report to Congress.--Not later than 2 years after the 
     date of the enactment of this Act, the Secretary, in 
     consultation with the Secretary of State, shall submit a 
     report to Congress, which describes--
       (1) the countries of citizenship of the participants in the 
     Return of Talent Program established under section 317A of 
     the Immigration and Nationality Act, as added by subsection 
     (b);
       (2) the post-conflict or natural disaster reconstruction 
     efforts that benefitted, or were made possible, through 
     participation in the Return of Talent Program; and
       (3) any other information that the Secretary determines to 
     be appropriate.
       (e) Regulations.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to carry out this section and the amendments made 
     by this section.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for fiscal year 2007, 
     such sums as may be necessary to carry out this section and 
     the amendments made by this section.
                                 ______
                                 
  SA 4079. Mr. OBAMA (for himself, Mr. Durbin, Mr. Reid, Mr. Harkin, 
and Mr. Salazar) 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 151, between lines 6 and 7, insert the following:
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Director of the Federal Bureau of 
     Investigation $3,125,000 for each of fiscal years 2007 
     through 2011 for improving the speed and accuracy of 
     background and security checks conducted by the Federal 
     Bureau of Investigation on behalf of the Bureau of 
     Citizenship and Immigration Services.
       (d) Report on Background and Security Checks.--
       (1) In general.--Not later than 180 days after the date of 
     the enactment of this Act, the Director of the Federal Bureau 
     of Investigation shall submit to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives a report, unclassified to the 
     greatest extent possible with a classified annex, if 
     necessary on the background and security checks conducted by 
     the Federal Bureau of Investigation on behalf of the Bureau 
     of Citizenship and Immigration Services.
       (2) Content.--The report required under paragraph (1) shall 
     include--
       (A) a description of the background and security check 
     program;
       (B) a statistical breakdown of the background and security 
     check delays associated with different types of immigration 
     applications;
       (C) a statistical breakdown of the background and security 
     check delays by applicant country of origin; and
       (D) the steps the Federal Bureau of Investigation is taking 
     to expedite background and security checks that have been 
     pending for more than 60 days.
                                 ______
                                 
  SA 4080. 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:

       On page 409, between lines 19 and 20, insert the following:
       (vi) English language.--The alien has demonstrated an 
     understanding of the English language as required by section 
     312(a)(1) of the Immigration and Nationality Act (8 U.S.C. 
     1423(a)(1)).
                                 ______
                                 
  SA 4081. Mr. DURBIN 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:


[[Page S4815]]


       On page 250, strike lines 5 through 10, and insert the 
     following:
       ``(a) Authority.--
       ``(1) In general.--The Secretary of Homeland Security may 
     grant a temporary visa to an H-2C nonimmigrant during the 5-
     year period beginning on the date of the Comprehensive 
     Immigration Reform Act of 2006 if such nonimmigrant 
     demonstrates an intent to perform labor or services in the 
     United States (other than the labor or services described in 
     clause (i)(b) or (ii)(a) of section 101(a)(15)(H) or 
     subparagraph (L), (O), (P), or (R)) of section 101(a)(15).
       ``(2) Sunset.--Notwithstanding any other provision of law, 
     after the date of end of the 5-year period referred to in 
     paragraph (1), no alien may be issued a new visa as an H-2C 
     nonimmigrant for an initial period of authorized admission 
     under subsection (f)(1). The Secretary of Homeland Security 
     may continue to issue an extension of a temporary visa issued 
     to an H-2C nonimmigrant pursuant to such subsection after 
     such date.
                                 ______
                                 
  SA 4082. Mr. DURBIN 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 288, line 22, strike the period at the end and 
     insert ``and stated in such posting that a worker hired for 
     such opportunity will receive compensation that includes 
     health insurance that provides benefits that are, at a 
     minimum, actuarially equivalent to the benefits that the 
     worker would receive under the State Medicaid plan 
     established under title XIX of the Social Security Act (42 
     U.S.C. 1396 et seq.) of the State in which the employment 
     opportunity will be located if the worker were eligible for 
     benefits under such plan, as determined by such State.''.

                          ____________________