[Congressional Record Volume 171, Number 8 (Wednesday, January 15, 2025)]
[Senate]
[Page S194]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 74. Mr. VAN HOLLEN submitted an amendment intended to be proposed 
by him to the bill S. 5, to require the Secretary of Homeland Security 
to take into custody aliens who have been charged in the United States 
with theft, and for other purposes; which was ordered to lie on the 
table; as follows:

       On page 2, line 5, strike ``Section'' and insert the 
     following:
       (a) In General.--Section
       On page 3, between lines 8 and 9, insert the following:
       (b) Waiver.--
       (1) Authorization.--The Secretary of Homeland Security or 
     the Attorney General shall waive the mandatory detention 
     requirement set forth in section 236(c)(1)(E) of the 
     Immigration and Nationality Act, as added by subsection 
     (a)(1), upon determining that the implementation of such 
     requirement would require the diversion of resources away 
     from the apprehension, detention, and removal of aliens 
     convicted of violent crimes.
       (2) Quarterly assessments.--Not less frequently than 
     quarterly, the Secretary of Homeland Security or the Attorney 
     General shall conduct an assessment to determine whether 
     resources are being diverted from the apprehension, 
     detention, and removal of violent criminals due to the 
     implementation of the mandatory detention requirement under 
     such section 236(c)(1)(E).
       (3) Report requirement.--Not later than 90 days after the 
     first date on which resources are diverted from the 
     deportation of violent criminals due to the implementation of 
     the mandatory detention requirement under such section 
     236(c)(1)(E), the Secretary of Homeland Security, in 
     consultation with the Attorney General, shall submit a report 
     to Congress that identifies which resources were so diverted.
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