[Congressional Record (Bound Edition), Volume 152 (2006), Part 4]
[Senate]
[Pages 4731-4751]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3220. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 3192 submitted by Mr. Specter (for himself, 
Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration 
and Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       After section 102, insert the following new section:

     SEC. 103. SURVEILLANCE TECHNOLOGIES PROGRAMS.

       (a) Aerial Surveillance Program.--
       (1) In general.--In conjunction with the border 
     surveillance plan developed under section 5201 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not 
     later than 90 days after the date of enactment of this Act, 
     shall develop and implement a program to fully integrate and 
     utilize aerial surveillance technologies, including unmanned 
     aerial vehicles, to enhance the security of the international 
     border between the United States and Canada and the 
     international border between the United States and Mexico. 
     The goal of the program shall be to ensure continuous 
     monitoring of each mile of each such border.
       (2) Assessment and consultation requirements.--In 
     developing the program under this subsection, the Secretary 
     shall--
       (A) consider current and proposed aerial surveillance 
     technologies;
       (B) assess the feasibility and advisability of utilizing 
     such technologies to address border threats, including an 
     assessment of the technologies considered best suited to 
     address respective threats;
       (C) consult with the Secretary of Defense regarding any 
     technologies or equipment, which the Secretary may deploy 
     along an international border of the United States; and
       (D) consult with the Administrator of the Federal Aviation 
     Administration regarding safety, airspace coordination and 
     regulation, and any other issues necessary for implementation 
     of the program.
       (3) Additional requirements.--
       (A) In general.--The program developed under this 
     subsection shall include the use of a variety of aerial 
     surveillance technologies in a variety of topographies and 
     areas, including populated and unpopulated areas located on 
     or near an international border of the United States, in 
     order to evaluate, for a range of circumstances--
       (i) the significance of previous experiences with such 
     technologies in border security or critical infrastructure 
     protection;
       (ii) the cost and effectiveness of various technologies for 
     border security, including varying levels of technical 
     complexity; and
       (iii) liability, safety, and privacy concerns relating to 
     the utilization of such technologies for border security.
       (4) Continued use of aerial surveillance technologies.--The 
     Secretary may continue the operation of aerial surveillance 
     technologies while assessing the effectiveness of the 
     utilization of such technologies.
       (5) Report to congress.--Not later than 180 days after 
     implementing the program under this subsection, the Secretary 
     shall submit a report to Congress regarding the program 
     developed under this subsection. The Secretary shall include 
     in the report a description of the program together with such 
     recommendations as the Secretary finds appropriate for 
     enhancing the program.
       (6) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       (b) Integrated and Automated Surveillance Program.--
       (1) Requirement for program.--Subject to the availability 
     of appropriations, the Secretary shall establish a program to 
     procure additional unmanned aerial vehicles, cameras, poles, 
     sensors, satellites, radar coverage, 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. Such program shall be known as the Integrated 
     and Automated Surveillance Program.
       (2) Program components.--The Secretary shall ensure, to the 
     maximum extent feasible, the Integrated and Automated 
     Surveillance Program is carried out in a manner that--
       (A) the technologies utilized in the Program are integrated 
     and function cohesively

[[Page 4732]]

     in an automated fashion, including the integration of motion 
     sensor alerts and cameras, whereby a sensor alert 
     automatically activates a corresponding camera to pan and 
     tilt in the direction of the triggered sensor;
       (B) cameras utilized in the Program do not have to be 
     manually operated;
       (C) such camera views and positions are not fixed;
       (D) surveillance video taken by such cameras can be viewed 
     at multiple designated communications centers;
       (E) a standard process is used to collect, catalog, and 
     report intrusion and response data collected under the 
     Program;
       (F) future remote surveillance technology investments and 
     upgrades for the Program can be integrated with existing 
     systems;
       (G) performance measures are developed and applied that can 
     evaluate whether the Program is providing desired results and 
     increasing response effectiveness in monitoring and detecting 
     illegal intrusions along the international borders of the 
     United States;
       (H) plans are developed under the Program to streamline 
     site selection, site validation, and environmental assessment 
     processes to minimize delays of installing surveillance 
     technology infrastructure;
       (I) standards are developed under the Program to expand the 
     shared use of existing private and governmental structures to 
     install remote surveillance technology infrastructure where 
     possible; and
       (J) standards are developed under the Program to identify 
     and deploy the use of nonpermanent or mobile surveillance 
     platforms that will increase the Secretary's mobility and 
     ability to identify illegal border intrusions.
       (3) Report to congress.--Not later than 1 year after the 
     initial implementation of the Integrated and Automated 
     Surveillance Program, the Secretary shall submit to Congress 
     a report regarding the Program. The Secretary shall include 
     in the report a description of the Program together with any 
     recommendation that the Secretary finds appropriate for 
     enhancing the program.
       (4) Evaluation of contractors.--
       (A)  Requirement for standards.--The Secretary shall 
     develop appropriate standards to evaluate the performance of 
     any contractor providing goods or services to carry out the 
     Integrated and Automated Surveillance Program.
       (B) Review by the inspector general.--The Inspector General 
     of the Department shall timely review each new contract 
     related to the Program that has a value of more than 
     $5,000,000, to determine whether such contract fully complies 
     with applicable cost requirements, performance objectives, 
     program milestones, and schedules. The Inspector General 
     shall report the findings of such review to the Secretary in 
     a timely manner. Not later than 30 days after the date the 
     Secretary receives a report of findings from the Inspector 
     General, the Secretary shall submit to the Committee on 
     Homeland Security and Governmental Affairs of the Senate and 
     the Committee on Homeland Security of the House of 
     Representatives a report of such findings and a description 
     of any the steps that the Secretary has taken or plans to 
     take in response to such findings.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this subsection.
       Strike section 102(a).
                                 ______
                                 
  SA 3221. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 3192 submitted by Mr. Specter (for himself, 
Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration 
and Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike section 233 and insert the following:

     SEC. 233. DETENTION OF ILLEGAL ALIENS.

       (a) Expansion of Detention Capacity.--
       (1) Increasing detention bed space.--Section 5204(a) of the 
     Intelligence Reform and Terrorism Protection Act of 2004 
     (Public Law 108-458; 118 Stat. 3734) is amended by striking 
     ``8,000'' and inserting ``20,000''.
       (2) Construction of or acquisition of detention 
     facilities.--
       (A) Requirement to construct or acquire.--The Secretary 
     shall construct or acquire additional detention facilities in 
     the United States to accommodate the detention beds required 
     by section 5204(c) of the Intelligence Reform and Terrorism 
     Protection Act of 2004, as amended by paragraph (1).
       (B) Use of alternate detention facilities.--Subject to the 
     availability of appropriations, the Secretary shall fully 
     utilize all possible options to cost effectively increase 
     available detention capacities, and shall utilize detention 
     facilities that are owned and operated by the Federal 
     Government if the use of such facilities is cost effective.
       (C) Use of installations under base closure laws.--In 
     acquiring additional detention facilities under this 
     subsection, the Secretary shall consider the transfer of 
     appropriate portions of military installations approved for 
     closure or realignment under the Defense Base Closure and 
     Realignment Act of 1990 (part A of title XXIX of Public Law 
     101-510; 10 U.S.C. 2687 note) for use in accordance with 
     paragraph (1).
       (D) Determination of location.--The location of any 
     detention facility constructed or acquired in accordance with 
     this subsection shall be determined, with the concurrence of 
     the Secretary, by the senior officer responsible for 
     Detention and Removal Operations in the Department. The 
     detention facilities shall be located so as to enable the 
     officers and employees of the Department to increase to the 
     maximum extent practicable the annual rate and level of 
     removals of illegal aliens from the United States.
       (3) Alternatives to detention to ensure compliance with the 
     law.--The Secretary shall implement demonstration programs in 
     each State located along the international border between the 
     United States and Canada or along the international border 
     between the United States and Mexico, and at select sites in 
     the interior with significant numbers of alien detainees, to 
     study the effectiveness of alternatives to the detention of 
     aliens, including electronic monitoring devices, to ensure 
     that such aliens appear in immigration court proceedings and 
     comply with immigration appointments and removal orders.
       (4) Legal representation.--No alien shall be detained by 
     the Secretary in a location that limits the alien's 
     reasonable access to visits and telephone calls by local 
     legal counsel and necessary legal materials. Upon active or 
     constructive notice that a detained alien is represented by 
     an attorney, the Secretary shall ensure that the alien is not 
     moved from the alien's detention facility without providing 
     that alien and the alien's attorney reasonable notice in 
     advance of such move.
       (5) Funding to construct or acquire detention facilities.--
     Section 241(g)(1) (8 U.S.C. 1231(g)(1)) is amended by 
     striking ``may expend'' and inserting ``shall expend''.
       (6) Annual report to congress.--Not later than 1 year after 
     the date of the enactment of this Act, and annually 
     thereafter, in consultation with the heads of other 
     appropriate Federal agencies, the Secretary shall submit to 
     Congress an assessment of the additional detention facilities 
     and bed space needed to detain unlawful aliens apprehended at 
     the United States ports of entry or along the international 
     land borders of the United States.
       (b) Detention Standards.--
       (1) Codification of detention operations.--In order to 
     ensure uniformity in the safety and security of all 
     facilities used or contracted by the Secretary to hold alien 
     detainees and to ensure the fair treatment and access to 
     counsel of all alien detainees, not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     issue the provisions of the Detention Operations Manual of 
     the Department, including all amendments made to such Manual 
     since it was issued in 2000, as regulations for the 
     Department. Such regulations shall be subject to the notice 
     and comment requirements of subchapter II of chapter 5 of 
     title 5, United States Code (commonly referred to as the 
     Administrative Procedure Act) and shall apply to all 
     facilities used by the Secretary to hold detainees for more 
     than 72 hours.
       (2) Detention standards for nuclear family units and 
     certain non-criminal aliens.--For all facilities used or 
     contracted by the Secretary to hold aliens, the regulations 
     described in paragraph (1) shall--
       (A) provide for sight and sound separation of alien 
     detainees without any criminal convictions from criminal 
     inmates and pretrial detainees facing criminal prosecution; 
     and
       (B) establish specific standards for detaining nuclear 
     family units together and for detaining non-criminal 
     applicants for asylum, withholding of removal, or protection 
     under the Convention Against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984, in civilian facilities cognizant of their 
     special needs.
       (3) Legal orientation to ensure effective removal 
     process.--All alien detainees shall receive legal orientation 
     presentations from an independent non-profit agency as 
     implemented by the Executive Office for Immigration Review of 
     the Department of Justice in order to both maximize the 
     efficiency and effectiveness of removal proceedings and to 
     reduce detention costs.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 3222. Mr. NELSON of Florida submitted an amendment intended to be 
proposed to amendment SA 3192 submitted by Mr. Specter (for himself, 
Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration 
and Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 6, line 18, strike ``500'' and insert ``1,500''.
       On page 7, line 2, strike ``1000'' and insert ``2,000''.
       On page 7, line 10, strike ``200'' and insert ``400''.

[[Page 4733]]

       On page 8, strike lines 9 through 15 and insert the 
     following:
     preceding fiscal year), by 4,000 for each of fiscal years 
     2006 through 2011.
       On page 8, after line 26, add the following:
       (c) Detention and Removal Officers.--
       (1) In general.--During each of the fiscal years 2007 
     through 2011, the Secretary shall, subject to the 
     availability of appropriations for such purposes, designate a 
     Detention and Removal officer to be placed in each Department 
     field office whose sole responsibility will be to ensure 
     safety and security at a detention facility and that each 
     detention facility comply with the standards and regulations 
     required by paragraphs (2), (3), and (4).
       (2) Codification of detention operations.--In order to 
     ensure uniformity in the safety and security of all 
     facilities used or contracted by the Secretary to hold alien 
     detainees and to ensure the fair treatment and access to 
     counsel of all alien detainees, not later than 180 days after 
     the date of the enactment of this Act, the Secretary shall 
     issue the provisions of the Detention Operations Manual of 
     the Department, including all amendments made to such Manual 
     since it was issued in 2000, as regulations for the 
     Department. Such regulations shall be subject to the notice 
     and comment requirements of subchapter II of chapter 5 of 
     title 5, United States Code (commonly referred to as the 
     Administrative Procedure Act) and shall apply to all 
     facilities used by the Secretary to hold detainees for more 
     than 72 hours.
       (3) Detention standards for nuclear family units and 
     certain non-criminal aliens.--For all facilities used or 
     contracted by the Secretary to hold aliens, the regulations 
     described in paragraph (2) shall--
       (A) provide for sight and sound separation of alien 
     detainees without any criminal convictions from criminal 
     inmates and pretrial detainees facing criminal prosecution; 
     and
       (B) establish specific standards for detaining nuclear 
     family units together and for detaining non-criminal 
     applicants for asylum, withholding of removal, or protection 
     under the Convention Against Torture and Other Cruel, Inhuman 
     or Degrading Treatment or Punishment, done at New York 
     December 10, 1984, in civilian facilities cognizant of their 
     special needs.
       (4) Legal orientation to ensure effective removal 
     process.--All alien detainees shall receive legal orientation 
     presentations from an independent non-profit agency as 
     implemented by the Executive Office for Immigration Review of 
     the Department of Justice in order to both maximize the 
     efficiency and effectiveness of removal proceedings and to 
     reduce detention costs.
       (d) Legal Personnel.--During each of fiscal years 2007 
     through 2011, the Secretary shall, subject to the 
     availability of appropriations, increase the number of 
     positions for attorneys in the Office of General Counsel of 
     the Department by at least 200 to represent the Department in 
     immigration matters for the fiscal year.

     SEC. 102. DEPARTMENT OF JUSTICE PERSONNEL; DEFENSE ATTORNEYS.

       (a)  In General.--During each of fiscal years 2007 through 
     2011, the Attorney General shall, subject to the availability 
     of appropriations, add--
       (1) at least 50 positions for attorneys in the Office of 
     Immigration Litigation of the Department of Justice for the 
     fiscal year;
       (2) at least 50 United States Attorneys to litigate 
     immigration cases in the Federal courts for the fiscal year;
       (3) at least 200 Deputy United States Marshals to 
     investigate criminal immigration matters for the fiscal year; 
     and
       (4) at least 50 immigration judges for the fiscal year.
       (b) Defense Attorneys.--
       (1) In general.--During each of fiscal years 2007 through 
     2011, the Director of the Administrative Office of the United 
     States Courts shall, subject to the availability of 
     appropriations, add at least 200 attorneys in the Federal 
     Defenders Program for the fiscal year.
       (2) Pro bono representation.--The Attorney General shall 
     also take all necessary and reasonable steps to ensure that 
     alien detainees receive appropriate pro bono representation 
     in immigration matters.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Attorney General for each of fiscal 
     years 2007 through 2011 such sums as are necessary to carry 
     out this section, including the costs of hiring necessary 
     support staff.
       On page 171, between lines 17 and 18, insert the following:

     SEC. 234. DETENTION POLICY.

       (a) Directorate of Policy.--The Secretary shall in 
     consultation, with the Director of Policy of the Directorate 
     of Policy, add at least 3 additional positions at the 
     Directorate of Policy that--
       (1) shall be a position at GS-15 of the General Schedule;
       (2) are solely responsible for formulating and executing 
     the policy and regulations pertaining to vulnerable detained 
     populations including unaccompanied alien children, victims 
     of torture, trafficking or other serious harms, the elderly, 
     the mentally disabled, and the infirm; and
       (3) require background and expertise working directly with 
     such vulnerable populations.
       (b) Enhanced Protections for Vulnerable Unaccompanied Alien 
     Children.--
       (1) Mandatory training.--The Secretary shall mandate the 
     training of all personnel who come into contact with 
     unaccompanied alien children in all relevant legal 
     authorities, policies, and procedures pertaining to this 
     vulnerable population in consultation with the head of the 
     Office of Refugee Resettlement of the Department of Health 
     and Human Services and independent child welfare experts.
       (2) Delegation to the office of refugee resettlement.--
     Notwithstanding any other provision of law, the Secretary 
     shall delegate the authority and responsibility granted to 
     the Secretary by the Homeland Security Act of 2002 (Public 
     Law 107-296; 116 Stat. 2135) for transporting unaccompanied 
     alien children who will undergo removal proceedings from 
     Department custody to the custody and care of the Office of 
     Refugee Resettlement and provide sufficient reimbursement to 
     the head of such Office to undertake this critical function. 
     The Secretary shall immediately notify such Office of an 
     unaccompanied alien child in the custody of the Department 
     and ensure that the child is transferred to the custody of 
     such Office as soon as practicable, but not later than 72 
     hours after the child is taken into the custody of the 
     Department.
       (3) Other policies and procedures.--The Secretary shall 
     further adopt important policies and procedures--
       (A) for reliable age-determinations of children which 
     exclude the use of fallible forensic testing of children's 
     bones and teeth in consultation with medical and child 
     welfare experts;
       (B) to ensure the privacy and confidentiality of 
     unaccompanied alien children's records, including 
     psychological and medical reports, so that the information is 
     not used adversely against the child in removal proceedings 
     or for any other immigration action; and
       (C) in close consultation with the Secretary of State and 
     the head of the Office of Refugee Resettlement, to ensure the 
     safe and secure repatriation of unaccompanied alien children 
     to their home countries including through arranging 
     placements of children with their families or other 
     sponsoring agencies and to utilize all legal authorities to 
     defer the child's removal if the child faces a clear risk of 
     life-threatening harm upon return.
       On page 220, line 22, strike ``2,000'' and insert 
     ``4,000''.
       On page 221, line 5, strike ``1,000'' and insert ``2,000''.
                                 ______
                                 
  SA 3223. Mr. DORGAN (for himself, Ms. Snowe, Mr. Schumer, Mr. Burns, 
and Mr. Jeffords) submitted an amendment intended to be proposed to 
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRAVEL TO CANADA.

       (a) Short Title.--This section may be cited as the ``Common 
     Sense Cross-Border Travel and Security Act of 2006''.
       (b) Travel to Canada Without Passport.--Section 7209(b) of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458) is amended--
       (1) in paragraph (1)--
       (A) by striking ``The Secretary'' and inserting the 
     following:
       ``(A) In general.--The Secretary'';
       (B) by striking ``This plan'' and inserting the following:
       ``(B) Day passes.--The plan developed under this paragraph 
     shall include a system that would enable United States 
     citizens to travel to Canada for a 24-hour period without a 
     passport by completing an application for a `day pass' at any 
     port of entry along the land border between the United States 
     and Canada, and certifying that there was not sufficient time 
     to apply for a passport before the excursion. The traveler 
     shall not be charged a fee to acquire or use the day pass.
       ``(C) Implementation.--The plan developed under this 
     paragraph''; and
       (2) by adding at the end the following:
       ``(3) Minors.--United States citizens who are less than 18 
     years of age, when accompanied by a parent or guardian, shall 
     not be required to present a passport when returning to the 
     United States from Canada at any port of entry along the land 
     border.''.
       (c) Limit on Fees for Travel Documents.--Notwithstanding 
     any other provision of law or cost recovery requirement 
     established by the Office of Management and Budget, the 
     Secretary and the Secretary of State may not charge a fee in 
     an amount greater than $20 for any passport card or similar 
     document other than a passport that is created to satisfy the 
     requirements of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458).
       (d) Acceptance of Passport Cards and Day Passes by 
     Canada.--The Secretary of State, in consultation with the 
     Secretary, shall negotiate with the Government of Canada to 
     ensure that passport cards and day passes issued by the 
     Government of the

[[Page 4734]]

     United States for travel to Canada are accepted for such 
     purpose by the Government of Canada.
                                 ______
                                 
  SA 3224. Mr. FEINGOLD submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end, add the following:

                 TITLE VII--WARTIME TREATMENT STUDY ACT

     SEC. 701. SHORT TITLE.

       This title may be cited as the ``Wartime Treatment Study 
     Act''.

     SEC. 702. FINDINGS.

       Congress makes the following findings:
       (1) During World War II, the United States successfully 
     fought the spread of Nazism and fascism by Germany, Italy, 
     and Japan.
       (2) Nazi Germany persecuted and engaged in genocide against 
     Jews and certain other groups. By the end of the war, 
     6,000,000 Jews had perished at the hands of Nazi Germany. 
     United States Government policies, however, restricted entry 
     to the United States to Jewish and other refugees who sought 
     safety from Nazi persecution.
       (3) While we were at war, the United States treated the 
     Japanese American, German American, and Italian American 
     communities as suspect.
       (4) The United States Government should conduct an 
     independent review to assess fully and acknowledge these 
     actions. Congress has previously reviewed the United States 
     Government's wartime treatment of Japanese Americans through 
     the Commission on Wartime Relocation and Internment of 
     Civilians. An independent review of the treatment of German 
     Americans and Italian Americans and of Jewish refugees 
     fleeing persecution and genocide has not yet been undertaken.
       (5) During World War II, the United States Government 
     branded as ``enemy aliens'' more than 600,000 Italian-born 
     and 300,000 German-born United States resident aliens and 
     their families and required them to carry Certificates of 
     Identification, limited their travel, and seized their 
     personal property. At that time, these groups were the two 
     largest foreign-born groups in the United States.
       (6) During World War II, the United States Government 
     arrested, interned or otherwise detained thousands of 
     European Americans, some remaining in custody for years after 
     cessation of World War II hostilities, and repatriated, 
     exchanged, or deported European Americans, including 
     American-born children, to hostile, war-torn European Axis 
     nations, many to be exchanged for Americans held in those 
     nations.
       (7) Pursuant to a policy coordinated by the United States 
     with Latin American countries, many European Latin Americans, 
     including German and Austrian Jews, were captured, shipped to 
     the United States and interned. Many were later expatriated, 
     repatriated or deported to hostile, war-torn European Axis 
     nations during World War II, most to be exchanged for 
     Americans and Latin Americans held in those nations.
       (8) Millions of European Americans served in the armed 
     forces and thousands sacrificed their lives in defense of the 
     United States.
       (9) The wartime policies of the United States Government 
     were devastating to the Italian Americans and German American 
     communities, individuals and their families. The detrimental 
     effects are still being experienced.
       (10) Prior to and during World War II, the United States 
     restricted the entry of Jewish refugees who were fleeing 
     persecution and sought safety in the United States. During 
     the 1930's and 1940's, the quota system, immigration 
     regulations, visa requirements, and the time required to 
     process visa applications affected the number of Jewish 
     refugees, particularly those from Germany and Austria, who 
     could gain admittance to the United States.
       (11) Time is of the essence for the establishment of 
     commissions, because of the increasing danger of destruction 
     and loss of relevant documents, the advanced age of potential 
     witnesses and, most importantly, the advanced age of those 
     affected by the United States Government's policies. Many who 
     suffered have already passed away and will never know of this 
     effort.

     SEC. 703. DEFINITIONS.

       In this title:
       (1) During world war ii.--The term ``during World War II'' 
     refers to the period between September 1, 1939, through 
     December 31, 1948.
       (2) European americans.--
       (A) In general.--The term ``European Americans'' refers to 
     United States citizens and permanent resident aliens of 
     European ancestry, including Italian Americans, German 
     Americans, Hungarian Americans, Romanian Americans, and 
     Bulgarian Americans.
       (B) Italian americans.--The term ``Italian Americans'' 
     refers to United States citizens and permanent resident 
     aliens of Italian ancestry.
       (C) German americans.--The term ``German Americans'' refers 
     to United States citizens and permanent resident aliens of 
     German ancestry.
       (3) European latin americans.--The term ``European Latin 
     Americans'' refers to persons of European ancestry, including 
     Italian or German ancestry, residing in a Latin American 
     nation during World War II.

    CHAPTER 1--COMMISSION ON WARTIME TREATMENT OF EUROPEAN AMERICANS

     SEC. 711. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT OF 
                   EUROPEAN AMERICANS.

       (a) In General.--There is established the Commission on 
     Wartime Treatment of European Americans (referred to in this 
     chapter as the ``European American Commission'').
       (b) Membership.--The European American Commission shall be 
     composed of 7 members, who shall be appointed not later than 
     90 days after the date of enactment of this Act as follows:
       (1) Three members shall be appointed by the President.
       (2) Two members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the minority 
     leader.
       (3) Two members shall be appointed by the majority leader 
     of the Senate, in consultation with the minority leader.
       (c) Terms.--The term of office for members shall be for the 
     life of the European American Commission. A vacancy in the 
     European American Commission shall not affect its powers, and 
     shall be filled in the same manner in which the original 
     appointment was made.
       (d) Representation.--The European American Commission shall 
     include 2 members representing the interests of Italian 
     Americans and 2 members representing the interests of German 
     Americans.
       (e) Meetings.--The President shall call the first meeting 
     of the European American Commission not later than 120 days 
     after the date of enactment of this Act.
       (f) Quorum.--Four members of the European American 
     Commission shall constitute a quorum, but a lesser number may 
     hold hearings.
       (g) Chairman.--The European American Commission shall elect 
     a Chairman and Vice Chairman from among its members. The term 
     of office of each shall be for the life of the European 
     American Commission.
       (h) Compensation.--
       (1) In general.--Members of the European American 
     Commission shall serve without pay.
       (2) Reimbursement of expenses.--All members of the European 
     American Commission shall be reimbursed for reasonable travel 
     and subsistence, and other reasonable and necessary expenses 
     incurred by them in the performance of their duties.

     SEC. 712. DUTIES OF THE EUROPEAN AMERICAN COMMISSION.

       (a) In General.--It shall be the duty of the European 
     American Commission to review the United States Government's 
     wartime treatment of European Americans and European Latin 
     Americans as provided in subsection (b).
       (b) Scope of Review.--The European American Commission's 
     review shall include the following:
       (1) A comprehensive review of the facts and circumstances 
     surrounding United States Government actions during World War 
     II that violated the civil liberties of European Americans 
     and European Latin Americans pursuant to the Alien Enemies 
     Acts (50 U.S.C. 21-24), Presidential Proclamations 2526, 
     2527, 2655, 2662, Executive Orders 9066 and 9095, and any 
     directive of the United States Government pursuant to such 
     law, proclamations, or executive orders respecting the 
     registration, arrest, exclusion, internment, exchange, or 
     deportment of European Americans and European Latin 
     Americans. This review shall include an assessment of the 
     underlying rationale of the United States Government's 
     decision to develop related programs and policies, the 
     information the United States Government received or acquired 
     suggesting the related programs and policies were necessary, 
     the perceived benefit of enacting such programs and policies, 
     and the immediate and long-term impact of such programs and 
     policies on European Americans and European Latin Americans 
     and their communities.
       (2) A review of United States Government action with 
     respect to European Americans pursuant to the Alien Enemies 
     Acts (50 U.S.C. 21-24) and Executive Order 9066 during World 
     War II, including registration requirements, travel and 
     property restrictions, establishment of restricted areas, 
     raids, arrests, internment, exclusion, policies relating to 
     the families and property that excludees and internees were 
     forced to abandon, internee employment by American companies 
     (including a list of such companies and the terms and type of 
     employment), exchange, repatriation, and deportment, and the 
     immediate and long-term effect of such actions, particularly 
     internment, on the lives of those affected. This review shall 
     include a list of all temporary detention and long-term 
     internment facilities.
       (3) A brief review of the participation by European 
     Americans in the United States

[[Page 4735]]

     Armed Forces including the participation of European 
     Americans whose families were excluded, interned, 
     repatriated, or exchanged.
       (4) A recommendation of appropriate remedies, including how 
     civil liberties can be better protected during war, or an 
     actual, attempted, or threatened invasion or incursion, an 
     assessment of the continued viability of the Alien Enemies 
     Acts (50 U.S.C. 21-24), and public education programs related 
     to the United States Government's wartime treatment of 
     European Americans and European Latin Americans during World 
     War II.
       (c) Field Hearings.--The European American Commission shall 
     hold public hearings in such cities of the United States as 
     it deems appropriate.
       (d) Report.--The European American Commission shall submit 
     a written report of its findings and recommendations to 
     Congress not later than 18 months after the date of the first 
     meeting called pursuant to section 711(e).

     SEC. 713. POWERS OF THE EUROPEAN AMERICAN COMMISSION.

       (a) In General.--The European American Commission or, on 
     the authorization of the Commission, any subcommittee or 
     member thereof, may, for the purpose of carrying out the 
     provisions of this chapter, hold such hearings and sit and 
     act at such times and places, and request the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memorandum, papers, and documents as 
     the Commission or such subcommittee or member may deem 
     advisable. The European American Commission may request the 
     Attorney General to invoke the aid of an appropriate United 
     States district court to require, by subpoena or otherwise, 
     such attendance, testimony, or production.
       (b) Government Information and Cooperation.--The European 
     American Commission may acquire directly from the head of any 
     department, agency, independent instrumentality, or other 
     authority of the executive branch of the Government, 
     available information that the European American Commission 
     considers useful in the discharge of its duties. All 
     departments, agencies, and independent instrumentalities, or 
     other authorities of the executive branch of the Government 
     shall cooperate with the European American Commission and 
     furnish all information requested by the European American 
     Commission to the extent permitted by law, including 
     information collected as a result of Public Law 96-317 and 
     Public Law 106-451. For purposes of the Privacy Act (5 U.S.C. 
     552a(b)(9)), the European American Commission shall be deemed 
     to be a committee of jurisdiction.

     SEC. 714. ADMINISTRATIVE PROVISIONS.

       The European American Commission is authorized to--
       (1) appoint and fix the compensation of such personnel as 
     may be necessary, without regard to the provisions of title 
     5, United States Code, governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     except that the compensation of any employee of the 
     Commission may not exceed a rate equivalent to the rate 
     payable under GS-15 of the General Schedule under section 
     5332 of such title;
       (2) obtain the services of experts and consultants in 
     accordance with the provisions of section 3109 of such title;
       (3) obtain the detail of any Federal Government employee, 
     and such detail shall be without reimbursement or 
     interruption or loss of civil service status or privilege;
       (4) enter into agreements with the Administrator of General 
     Services for procurement of necessary financial and 
     administrative services, for which payment shall be made by 
     reimbursement from funds of the Commission in such amounts as 
     may be agreed upon by the Chairman of the Commission and the 
     Administrator;
       (5) procure supplies, services, and property by contract in 
     accordance with applicable laws and regulations and to the 
     extent or in such amounts as are provided in appropriation 
     Acts; and
       (6) enter into contracts with Federal or State agencies, 
     private firms, institutions, and agencies for the conduct of 
     research or surveys, the preparation of reports, and other 
     activities necessary to the discharge of the duties of the 
     Commission, to the extent or in such amounts as are provided 
     in appropriation Acts.

     SEC. 715. FUNDING.

       Of the amounts authorized to be appropriated to the 
     Department of Justice, $500,000 shall be available to carry 
     out this chapter.

     SEC. 716. SUNSET.

       The European American Commission shall terminate 60 days 
     after it submits its report to Congress.

     CHAPTER 2--COMMISSION ON WARTIME TREATMENT OF JEWISH REFUGEES

     SEC. 721. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT OF 
                   JEWISH REFUGEES.

       (a) In General.--There is established the Commission on 
     Wartime Treatment of Jewish Refugees (referred to in this 
     chapter as the ``Jewish Refugee Commission'').
       (b) Membership.--The Jewish Refugee Commission shall be 
     composed of 7 members, who shall be appointed not later than 
     90 days after the date of enactment of this Act as follows:
       (1) Three members shall be appointed by the President.
       (2) Two members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the minority 
     leader.
       (3) Two members shall be appointed by the majority leader 
     of the Senate, in consultation with the minority leader.
       (c) Terms.--The term of office for members shall be for the 
     life of the Jewish Refugee Commission. A vacancy in the 
     Jewish Refugee Commission shall not affect its powers, and 
     shall be filled in the same manner in which the original 
     appointment was made.
       (d) Representation.--The Jewish Refugee Commission shall 
     include 2 members representing the interests of Jewish 
     refugees.
       (e) Meetings.--The President shall call the first meeting 
     of the Jewish Refugee Commission not later than 120 days 
     after the date of enactment of this Act.
       (f) Quorum.--Four members of the Jewish Refugee Commission 
     shall constitute a quorum, but a lesser number may hold 
     hearings.
       (g) Chairman.--The Jewish Refugee Commission shall elect a 
     Chairman and Vice Chairman from among its members. The term 
     of office of each shall be for the life of the Jewish Refugee 
     Commission.
       (h) Compensation.--
       (1) In general.--Members of the Jewish Refugee Commission 
     shall serve without pay.
       (2) Reimbursement of expenses.--All members of the Jewish 
     Refugee Commission shall be reimbursed for reasonable travel 
     and subsistence, and other reasonable and necessary expenses 
     incurred by them in the performance of their duties.

     SEC. 722. DUTIES OF THE JEWISH REFUGEE COMMISSION.

       (a) In General.--It shall be the duty of the Jewish Refugee 
     Commission to review the United States Government's refusal 
     to allow Jewish and other refugees fleeing persecution in 
     Europe entry to the United States as provided in subsection 
     (b).
       (b) Scope of Review.--The Jewish Refugee Commission's 
     review shall cover the period between January 1, 1933, 
     through December 31, 1945, and shall include, to the greatest 
     extent practicable, the following:
       (1) A review of the United States Government's refusal to 
     allow Jewish and other refugees fleeing persecution and 
     genocide entry to the United States, including a review of 
     the underlying rationale of the United States Government's 
     decision to refuse the Jewish and other refugees entry, the 
     information the United States Government received or acquired 
     suggesting such refusal was necessary, the perceived benefit 
     of such refusal, and the impact of such refusal on the 
     refugees.
       (2) A review of Federal refugee policy relating to those 
     fleeing persecution or genocide, including recommendations 
     for making it easier for future victims of persecution or 
     genocide to obtain refuge in the United States.
       (c) Field Hearings.--The Jewish Refugee Commission shall 
     hold public hearings in such cities of the United States as 
     it deems appropriate.
       (d) Report.--The Jewish Refugee Commission shall submit a 
     written report of its findings and recommendations to 
     Congress not later than 18 months after the date of the first 
     meeting called pursuant to section 721(e).

     SEC. 723. POWERS OF THE JEWISH REFUGEE COMMISSION.

       (a) In General.--The Jewish Refugee Commission or, on the 
     authorization of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out the provisions 
     of this chapter, hold such hearings and sit and act at such 
     times and places, and request the attendance and testimony of 
     such witnesses and the production of such books, records, 
     correspondence, memorandum, papers, and documents as the 
     Commission or such subcommittee or member may deem advisable. 
     The Jewish Refugee Commission may request the Attorney 
     General to invoke the aid of an appropriate United States 
     district court to require, by subpoena or otherwise, such 
     attendance, testimony, or production.
       (b) Government Information and Cooperation.--The Jewish 
     Refugee Commission may acquire directly from the head of any 
     department, agency, independent instrumentality, or other 
     authority of the executive branch of the Government, 
     available information that the Jewish Refugee Commission 
     considers useful in the discharge of its duties. All 
     departments, agencies, and independent instrumentalities, or 
     other authorities of the executive branch of the Government 
     shall cooperate with the Jewish Refugee Commission and 
     furnish all information requested by the Jewish Refugee 
     Commission to the extent permitted by law, including 
     information collected as a result of Public Law 96-317 and 
     Public Law 106-451. For purposes of the Privacy Act (5 U.S.C. 
     552a(b)(9)), the Jewish Refugee Commission shall be deemed to 
     be a committee of jurisdiction.

     SEC. 724. ADMINISTRATIVE PROVISIONS.

       The Jewish Refugee Commission is authorized to--
       (1) appoint and fix the compensation of such personnel as 
     may be necessary, without

[[Page 4736]]

     regard to the provisions of title 5, United States Code, 
     governing appointments in the competitive service, and 
     without regard to the provisions of chapter 51 and subchapter 
     III of chapter 53 of such title relating to classification 
     and General Schedule pay rates, except that the compensation 
     of any employee of the Commission may not exceed a rate 
     equivalent to the rate payable under GS-15 of the General 
     Schedule under section 5332 of such title;
       (2) obtain the services of experts and consultants in 
     accordance with the provisions of section 3109 of such title;
       (3) obtain the detail of any Federal Government employee, 
     and such detail shall be without reimbursement or 
     interruption or loss of civil service status or privilege;
       (4) enter into agreements with the Administrator of General 
     Services for procurement of necessary financial and 
     administrative services, for which payment shall be made by 
     reimbursement from funds of the Commission in such amounts as 
     may be agreed upon by the Chairman of the Commission and the 
     Administrator;
       (5) procure supplies, services, and property by contract in 
     accordance with applicable laws and regulations and to the 
     extent or in such amounts as are provided in appropriation 
     Acts; and
       (6) enter into contracts with Federal or State agencies, 
     private firms, institutions, and agencies for the conduct of 
     research or surveys, the preparation of reports, and other 
     activities necessary to the discharge of the duties of the 
     Commission, to the extent or in such amounts as are provided 
     in appropriation Acts.

     SEC. 725. FUNDING.

       Of the amounts authorized to be appropriated to the 
     Department of Justice, $500,000 shall be available to carry 
     out this chapter.

     SEC. 726. SUNSET.

       The Jewish Refugee Commission shall terminate 60 days after 
     it submits its report to Congress.
                                 ______
                                 
  SA 3225. Ms. LANDRIEU submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of the amendment, add the following:

                 TITLE __--INTERCOUNTRY ADOPTION REFORM

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Intercountry Adoption 
     Reform Act of 2006'' or the ``ICARE Act''.

     SEC. __02. FINDINGS; PURPOSES.

       (a) Findings.--Congress finds the following:
       (1) That a child, for the full and harmonious development 
     of his or her personality, should grow up in a family 
     environment, in an atmosphere of happiness, love, and 
     understanding.
       (2) That intercountry adoption may offer the advantage of a 
     permanent family to a child for whom a suitable family cannot 
     be found in his or her country of origin.
       (3) There has been a significant growth in intercountry 
     adoptions. In 1990, Americans adopted 7,093 children from 
     abroad. In 2004, they adopted 23,460 children from abroad.
       (4) Americans increasingly seek to create or enlarge their 
     families through intercountry adoptions.
       (5) There are many children worldwide that are without 
     permanent homes.
       (6) In the interest of children without a permanent family 
     and the United States citizens who are waiting to bring them 
     into their families, reforms are needed in the intercountry 
     adoption process used by United States citizens.
       (7) Before adoption, each child should have the benefit of 
     measures taken to ensure that intercountry adoption is in his 
     or her best interest and that prevents the abduction, 
     selling, or trafficking of children.
       (8) In addition, Congress recognizes that foreign-born 
     adopted children do not make the decision whether to 
     immigrate to the United States. They are being chosen by 
     Americans to become part of their immediate families.
       (9) As such these children should not be classified as 
     immigrants in the traditional sense. Once fully and finally 
     adopted, they should be treated as children of United States 
     citizens.
       (10) Since a child who is fully and finally adopted is 
     entitled to the same rights, duties, and responsibilities as 
     a biological child, the law should reflect such equality.
       (11) Therefore, foreign-born adopted children of United 
     States citizens should be accorded the same procedural 
     treatment as biological children born abroad to a United 
     States citizen.
       (12) If a United States citizen can confer citizenship to a 
     biological child born abroad, then the same citizen is 
     entitled to confer such citizenship to their legally and 
     fully adopted foreign-born child immediately upon final 
     adoption.
       (13) If a United States citizen cannot confer citizenship 
     to a biological child born abroad, then such citizen cannot 
     confer citizenship to their legally and fully adopted 
     foreign-born child, except through the naturalization 
     process.
       (b) Purposes.--The purposes of this title are--
       (1) to ensure the any adoption of a foreign-born child by 
     parents in the United States is carried out in the manner 
     that is in the best interest of the child;
       (2) to ensure that foreign-born children adopted by United 
     States citizens will be treated identically to a biological 
     child born abroad to the same citizen parent; and
       (3) to improve the intercountry adoption process to make it 
     more citizen friendly and focused on the protection of the 
     child.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) Adoptable child.--The term ``adoptable child'' has the 
     same meaning given such term in section 101(c)(3) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(c)(3)), as 
     added by section __24(a) of this Act.
       (2) Ambassador at large.--The term ``Ambassador at Large'' 
     means the Ambassador at Large for Intercountry Adoptions 
     appointed to head the Office pursuant to section __11(b).
       (3) Competent authority.--The term ``competent authority'' 
     means the entity or entities authorized by the law of the 
     child's country of residence to engage in permanent placement 
     of children who are no longer in the legal or physical 
     custody of their biological parents.
       (4) Convention.--The term ``Convention'' means the 
     Convention on Protection of Children and Co-operation in 
     Respect of Intercountry Adoption, done at The Hague on May 
     29, 1993.
       (5) Full and final adoption.--The term ``full and final 
     adoption'' means an adoption--
       (A) that is completed according to the laws of the child's 
     country of residence or the State law of the parent's 
     residence;
       (B) under which a person is granted full and legal custody 
     of the adopted child;
       (C) that has the force and effect of severing the child's 
     legal ties to the child's biological parents;
       (D) under which the adoptive parents meet the requirements 
     of section __25; and
       (E) under which the child has been adjudicated to be an 
     adoptable child in accordance with section __26.
       (6) Office.--The term ``Office'' means the Office of 
     Intercountry Adoptions established under section __11(a).
       (7) Readily approvable.--A petition or certification is 
     ``readily approvable'' if the documentary support provided 
     along with such petition or certification demonstrates that 
     the petitioner satisfies the eligibility requirements and no 
     additional information or investigation is necessary.

          Subtitle A--ADMINISTRATION OF INTERCOUNTRY ADOPTIONS

     SEC. __11. OFFICE OF INTERCOUNTRY ADOPTIONS.

       (a) Establishment.--Not later than 180 days after the date 
     of enactment of this Act, there shall be established within 
     the Department of State, an Office of Intercountry Adoptions 
     which shall be headed by the Ambassador at Large for 
     Intercountry Adoptions.
       (b) Ambassador at Large.--
       (1) Appointment.--The Ambassador at Large shall be 
     appointed by the President, by and with the advice and 
     consent of the Senate, from among individuals who have 
     background, experience, and training in intercountry 
     adoptions.
       (2) Conflicts of interest.--The individual appointed to be 
     the Ambassador at Large shall be free from any conflict of 
     interest that could impede such individual's ability to serve 
     as the Ambassador.
       (3) Authority.--The Ambassador at Large shall report 
     directly to the Secretary of State, in consultation with the 
     Assistant Secretary for Consular Affairs.
       (4) Regulations.--The Ambassador at Large may not issue 
     rules or regulations unless such rules or regulations have 
     been approved by the Secretary of State.
       (5) Duties of the ambassador at large.--The Ambassador at 
     Large shall have the following responsibilities:
       (A) In general.--The primary responsibilities of the 
     Ambassador at Large shall be--
       (i) to ensure that any adoption of a foreign-born child by 
     parents in the United States is carried out in the manner 
     that is in the best interest of the child; and
       (ii) to assist the Secretary of State in fulfilling the 
     responsibilities designated to the central authority under 
     title I of the Intercountry Adoption Act of 2000 (42 U.S.C. 
     14911 et seq.).
       (B) Advisory role.--The Ambassador at Large shall be a 
     principal advisor to the President and the Secretary of State 
     regarding matters affecting intercountry adoption and the 
     general welfare of children abroad and shall make 
     recommendations regarding--
       (i) the policies of the United States with respect to the 
     establishment of a system of cooperation among the parties to 
     the Convention;
       (ii) the policies to prevent abandonment, to strengthen 
     families, and to advance the

[[Page 4737]]

     placement of children in permanent families; and
       (iii) policies that promote the protection and well-being 
     of children.
       (C) Diplomatic representation.--Subject to the direction of 
     the President and the Secretary of State, the Ambassador at 
     Large may represent the United States in matters and cases 
     relevant to international adoption in--
       (i) fulfillment of the responsibilities designated to the 
     central authority under title I of the Intercountry Adoption 
     Act of 2000 (42 U.S.C. 14911 et seq.);
       (ii) contacts with foreign governments, intergovernmental 
     organizations, and specialized agencies of the United Nations 
     and other international organizations of which the United 
     States is a member; and
       (iii) multilateral conferences and meetings relevant to 
     international adoption.
       (D) International policy development.--The Ambassador at 
     Large shall advise and support the Secretary of State and 
     other relevant Bureaus of the Department of State in the 
     development of sound policy regarding child protection and 
     intercountry adoption.
       (E) Reporting responsibilities.--The Ambassador at Large 
     shall have the following reporting responsibilities:
       (i) In general.--The Ambassador at Large shall assist the 
     Secretary of State and other relevant Bureaus in preparing 
     those portions of the Human Rights Reports that relate to the 
     abduction, sale, and trafficking of children.
       (ii) Annual report on intercountry adoption.--Not later 
     than September 1 of each year, the Secretary of State shall 
     prepare and submit to Congress an annual report on 
     intercountry adoption. Each annual report shall include--

       (I) a description of the status of child protection and 
     adoption in each foreign country, including--

       (aa) trends toward improvement in the welfare and 
     protection of children and families;
       (bb) trends in family reunification, domestic adoption, and 
     intercountry adoption;
       (cc) movement toward ratification and implementation of the 
     Convention; and
       (dd) census information on the number of children in 
     orphanages, foster homes, and other types of nonpermanent 
     residential care as reported by the foreign country;

       (II) the number of intercountry adoptions by United States 
     citizens, including the country from which each child 
     emigrated, the State in which each child resides, and the 
     country in which the adoption was finalized;
       (III) the number of intercountry adoptions involving 
     emigration from the United States, including the country 
     where each child now resides and the State from which each 
     child emigrated;
       (IV) the number of placements for adoption in the United 
     States that were disrupted, including the country from which 
     the child emigrated, the age of the child, the date of the 
     placement for adoption, the reasons for the disruption, the 
     resolution of the disruption, the agencies that handled the 
     placement for adoption, and the plans for the child, and in 
     addition, any information regarding disruption or dissolution 
     of adoptions of children from other countries received 
     pursuant to section 422(b)(14) of the Social Security Act (42 
     U.S.C. 622(b)(14));
       (V) the average time required for completion of an 
     adoption, set forth by the country from which the child 
     emigrated;
       (VI) the current list of agencies accredited and persons 
     approved under the Intercountry Adoption Act of 2000 (42 
     U.S.C. 14901 et seq.) to provide adoption services;
       (VII) the names of the agencies and persons temporarily or 
     permanently debarred under the Intercountry Adoption Act of 
     2000 (42 U.S.C. 14901 et seq.), and the reasons for the 
     debarment;
       (VIII) the range of adoption fees involving adoptions by 
     United States citizens and the median of such fees set forth 
     by the country of origin;
       (IX) the range of fees charged for accreditation of 
     agencies and the approval of persons in the United States 
     engaged in providing adoption services under the Convention; 
     and
       (X) recommendations of ways the United States might act to 
     improve the welfare and protection of children and families 
     in each foreign country.

       (c) Functions of Office.--The Office shall have the 
     following 7 functions:
       (1) Approval of a family to adopt.--To approve or 
     disapprove the eligibility of a United States citizen to 
     adopt a child born in a foreign country.
       (2) Child adjudication.--To investigate and adjudicate the 
     status of a child born in a foreign country to determine 
     whether that child is an adoptable child.
       (3) Family services.--To provide assistance to United 
     States citizens engaged in the intercountry adoption process 
     in resolving problems with respect to that process and to 
     track intercountry adoption cases so as to ensure that all 
     such adoptions are processed in a timely manner.
       (4) International policy development.--To advise and 
     support the Ambassador at Large and other relevant Bureaus of 
     the Department of State in the development of sound policy 
     regarding child protection and intercountry adoption.
       (5) Central authority.--To assist the Secretary of State in 
     carrying out duties of the central authority as defined in 
     section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C. 
     14902).
       (6) Enforcement.--To investigate, either directly or in 
     cooperation with other appropriate international, Federal, 
     State, or local entities, improprieties relating to 
     intercountry adoption, including issues of child protection, 
     birth family protection, and consumer fraud.
       (7) Administration.--To perform administrative functions 
     related to the functions performed under paragraphs (1) 
     through (6), including legal functions and congressional 
     liaison and public affairs functions.
       (d) Organization.--
       (1) In general.--All functions of the Office shall be 
     performed by officers employed in a central office located in 
     Washington, D.C. Within that office, there shall be 7 
     divisions corresponding to the 7 functions of the Office. The 
     director of each such division shall report directly to the 
     Ambassador at Large.
       (2) Approval to adopt.--The division responsible for 
     approving parents to adopt shall be divided into regions of 
     the United States as follows:
       (A) Northwest.
       (B) Northeast.
       (C) Southwest.
       (D) Southeast.
       (E) Midwest.
       (F) West.
       (3) Child adjudication.--To the extent practicable, the 
     division responsible for the adjudication of foreign-born 
     children as adoptable shall be divided by world regions which 
     correspond to the world regions used by other divisions 
     within the Department of State.
       (4) Use of international field officers.--Nothing in this 
     section shall be construed to prohibit the use of 
     international field officers posted abroad, as necessary, to 
     fulfill the requirements of this Act.
       (5) Coordination.--The Ambassador at Large shall coordinate 
     with appropriate employees of other agencies and departments 
     of the United States, whenever appropriate, in carrying out 
     the duties of the Ambassador.
       (e) Qualifications and Training.--In addition to meeting 
     the employment requirements of the Department of State, 
     officers employed in any of the 7 divisions of the Office 
     shall undergo extensive and specialized training in the laws 
     and processes of intercountry adoption as well as 
     understanding the cultural, medical, emotional, and social 
     issues surrounding intercountry adoption and adoptive 
     families. The Ambassador at Large shall, whenever possible, 
     recruit and hire individuals with background and experience 
     in intercountry adoptions, taking care to ensure that such 
     individuals do not have any conflicts of interest that might 
     inhibit their ability to serve.
       (f) Use of Electronic Databases and Filing.--To the extent 
     possible, the Office shall make use of centralized, 
     electronic databases and electronic form filing.

     SEC. __12. RECOGNITION OF CONVENTION ADOPTIONS IN THE UNITED 
                   STATES.

       Section 505(a)(1) of the Intercountry Adoption Act of 2000 
     (42 U.S.C. 14901 note) is amended by inserting ``301, 302,'' 
     after ``205,''.

     SEC. __13. TECHNICAL AND CONFORMING AMENDMENT.

       Section 104 of the Intercountry Adoption Act of 2000 (42 
     U.S.C. 14914) is repealed.

     SEC. __14. TRANSFER OF FUNCTIONS.

       (a) In General.--Subject to subsection (c), all functions 
     under the immigration laws of the United States with respect 
     to the adoption of foreign-born children by United States 
     citizens and their admission to the United States that have 
     been vested by statute in, or exercised by, the Secretary of 
     Homeland Security immediately prior to the effective date of 
     this Act, are transferred to the Secretary of State on the 
     effective date of this Act and shall be carried out by the 
     Ambassador at Large, under the supervision of the Secretary 
     of State, in accordance with applicable laws and this Act.
       (b) Exercise of Authorities.--Except as otherwise provided 
     by law, the Ambassador at Large may, for purposes of 
     performing any function transferred to the Ambassador at 
     Large under subsection (a), exercise all authorities under 
     any other provision of law that were available with respect 
     to the performance of that function to the official 
     responsible for the performance of the function immediately 
     before the effective date of the transfer of the function 
     pursuant to this subtitle.
       (c) Limitation on Transfer of Pending Adoptions.--If an 
     individual has filed a petition with the Immigration and 
     Naturalization Service or the Department of Homeland Security 
     with respect to the adoption of a foreign-born child prior to 
     the date of enactment of this Act, the Secretary of Homeland 
     Security shall have the authority to make the final 
     determination on such petition and such petition shall not be 
     transferred to the Office.

     SEC. __15. TRANSFER OF RESOURCES.

       Subject to section 1531 of title 31, United States Code, 
     upon the effective date of this Act, there are transferred to 
     the Ambassador at Large for appropriate allocation in 
     accordance with this Act, the assets, liabilities, contracts, 
     property, records, and unexpended balance of appropriations, 
     authorizations, allocations, and other funds employed,

[[Page 4738]]

     held, used, arising from, available to, or to be made 
     available to the Department of Homeland Security in 
     connection with the functions transferred pursuant to this 
     subtitle.

     SEC. __16. INCIDENTAL TRANSFERS.

       The Ambassador at Large may make such additional incidental 
     dispositions of personnel, assets, liabilities, grants, 
     contracts, property, records, and unexpended balances of 
     appropriations, authorizations, allocations, and other funds 
     held, used, arising from, available to, or to be made 
     available in connection with such functions, as may be 
     necessary to carry out this subtitle. The Ambassador at Large 
     shall provide for such further measures and dispositions as 
     may be necessary to effectuate the purposes of this subtitle.

     SEC. __17. SAVINGS PROVISIONS.

       (a) Legal Documents.--All orders, determinations, rules, 
     regulations, permits, grants, loans, contracts, agreements, 
     including collective bargaining agreements, certificates, 
     licenses, and privileges--
       (1) that have been issued, made, granted, or allowed to 
     become effective by the President, the Ambassador at Large, 
     the former Commissioner of the Immigration and Naturalization 
     Service, or the Secretary of Homeland Security, or their 
     delegates, or any other Government official, or by a court of 
     competent jurisdiction, in the performance of any function 
     that is transferred pursuant to this subtitle; and
       (2) that are in effect on the effective date of such 
     transfer (or become effective after such date pursuant to 
     their terms as in effect on such effective date);

     shall continue in effect according to their terms until 
     modified, terminated, superseded, set aside, or revoked in 
     accordance with law by the President, any other authorized 
     official, a court of competent jurisdiction, or operation of 
     law, except that any collective bargaining agreement shall 
     remain in effect until the date of termination specified in 
     the agreement.
       (b) Proceedings.--
       (1) Pending.--The transfer of functions under section __14 
     shall not affect any proceeding or any application for any 
     benefit, service, license, permit, certificate, or financial 
     assistance pending on the effective date of this subtitle 
     before an office whose functions are transferred pursuant to 
     this subtitle, but such proceedings and applications shall be 
     continued.
       (2) Orders.--Orders shall be issued in such proceedings, 
     appeals shall be taken therefrom, and payments shall be made 
     pursuant to such orders, as if this Act had not been enacted, 
     and orders issued in any such proceeding shall continue in 
     effect until modified, terminated, superseded, or revoked by 
     a duly authorized official, by a court of competent 
     jurisdiction, or by operation of law.
       (3) Discontinuance or modification.--Nothing in this 
     section shall be considered to prohibit the discontinuance or 
     modification of any such proceeding under the same terms and 
     conditions and to the same extent that such proceeding could 
     have been discontinued or modified if this section had not 
     been enacted.
       (c) Suits.--This subtitle shall not affect suits commenced 
     before the effective date of this subtitle, and in all such 
     suits, proceeding shall be had, appeals taken, and judgments 
     rendered in the same manner and with the same effect as if 
     this Act had not been enacted.
       (d) Nonabatement of Actions.--No suit, action, or other 
     proceeding commenced by or against the Department of State, 
     the Immigration and Naturalization Service, or the Department 
     of Homeland Security, or by or against any individual in the 
     official capacity of such individual as an officer or 
     employee in connection with a function transferred pursuant 
     to this section, shall abate by reason of the enactment of 
     this Act.
       (e) Continuance of Suit With Substitution of Parties.--If 
     any Government officer in the official capacity of such 
     officer is party to a suit with respect to a function of the 
     officer, and pursuant to this subtitle such function is 
     transferred to any other officer or office, then such suit 
     shall be continued with the other officer or the head of such 
     other office, as applicable, substituted or added as a party.
       (f) Administrative Procedure and Judicial Review.--Except 
     as otherwise provided by this subtitle, any statutory 
     requirements relating to notice, hearings, action upon the 
     record, or administrative or judicial review that apply to 
     any function transferred pursuant to any provision of this 
     subtitle shall apply to the exercise of such function by the 
     head of the office, and other officers of the office, to 
     which such function is transferred pursuant to such 
     provision.

    Subtitle B--REFORM OF UNITED STATES LAWS GOVERNING INTERCOUNTRY 
                               ADOPTIONS

     SEC. __21. AUTOMATIC ACQUISITION OF CITIZENSHIP FOR ADOPTED 
                   CHILDREN BORN OUTSIDE THE UNITED STATES.

       (a) Automatic Citizenship Provisions.--
       (1) Amendment of the ina.--Section 320 of the Immigration 
     and Nationality Act (8 U.S.C. 1431) is amended to read as 
     follows:

     ``SEC. 320. CONDITIONS FOR AUTOMATIC CITIZENSHIP FOR CHILDREN 
                   BORN OUTSIDE THE UNITED STATES.

       ``(a) In General.--A child born outside of the United 
     States automatically becomes a citizen of the United States--
       ``(1) if the child is not an adopted child--
       ``(A) at least 1 parent of the child is a citizen of the 
     United States, whether by birth or naturalization, who has 
     been physically present (as determined under subsection (b)) 
     in the United States or its outlying possessions for a period 
     or periods totaling not less than 5 years, at least 2 of 
     which were after attaining the age of 14 years; and
       ``(B) the child is under the age of 18 years; or
       ``(2) if the child is an adopted child, on the date of the 
     full and final adoption of the child--
       ``(A) at least 1 parent of the child is a citizen of the 
     United States, whether by birth or naturalization, who has 
     been physically present (as determined under subsection (b)) 
     in the United States or its outlying possessions for a period 
     or periods totaling not less than 5 years, at least 2 of 
     which were after attaining the age of 14 years;
       ``(B) the child is an adoptable child;
       ``(C) the child is the beneficiary of a full and final 
     adoption decree entered by a foreign government or a court in 
     the United States; and
       ``(D) the child is under the age of 16 years.
       ``(b) Physical Presence.--For the purposes of subsection 
     (a)(2)(A), the requirement for physical presence in the 
     United States or its outlying possessions may be satisfied by 
     the following:
       ``(1) Any periods of honorable service in the Armed Forces 
     of the United States.
       ``(2) Any periods of employment with the United States 
     Government or with an international organization as that term 
     is defined in section 1 of the International Organizations 
     Immunities Act (22 U.S.C. 288) by such citizen parent.
       ``(3) Any periods during which such citizen parent is 
     physically present outside the United States or its outlying 
     possessions as the dependent unmarried son or daughter and a 
     member of the household of a person--
       ``(A) honorably serving with the Armed Forces of the United 
     States; or
       ``(B) employed by the United States Government or an 
     international organization as defined in section 1 of the 
     International Organizations Immunities Act (22 U.S.C. 288).
       ``(c) Full and Final Adoption.--In this section, the term 
     `full and final adoption' means an adoption--
       ``(1) that is completed under the laws of the child's 
     country of residence or the State law of the parent's 
     residence;
       ``(2) under which a person is granted full and legal 
     custody of the adopted child;
       ``(3) that has the force and effect of severing the child's 
     legal ties to the child's biological parents;
       ``(4) under which the adoptive parents meet the 
     requirements of section __25 of the Intercountry Adoption 
     Reform Act of 2006; and
       ``(5) under which the child has been adjudicated to be an 
     adoptable child in accordance with section __26 of the 
     Intercountry Adoption Reform Act of 2006.''.
       (b) Conforming Amendment.--The table of contents in the 
     first section of the Immigration and Nationality Act (66 
     Stat. 163) is amended by striking the item relating to 
     section 320 and inserting the following:

``Sec. 320.Conditions for automatic citizenship for children born 
              outside the United States''.

       (c) Effective Date.--This section shall take effect as if 
     enacted on June 27, 1952.

     SEC. __22. REVISED PROCEDURES.

       Notwithstanding any other provision of law, the following 
     requirements shall apply with respect to the adoption of 
     foreign born children by United States citizens:
       (1) Upon completion of a full and final adoption, the 
     Secretary shall issue a United States passport and a Consular 
     Report of Birth for a child who satisfies the requirements of 
     section 320(a)(2) of the Immigration and Nationality Act (8 
     U.S.C. 1431(a)(2)), as amended by section __21 of this Act, 
     upon application by a United States citizen parent.
       (2) An adopted child described in paragraph (1) shall not 
     require the issuance of a visa for travel and admission to 
     the United States but shall be admitted to the United States 
     upon presentation of a valid, unexpired United States 
     passport.
       (3) No affidavit of support under section 213A of the 
     Immigration and Nationality Act (8 U.S.C. 1183a) shall be 
     required in the case of any adoptable child.
       (4) The Secretary of State, acting through the Ambassador 
     at Large, shall require that agencies provide prospective 
     adoptive parents an opportunity to conduct an independent 
     medical exam and a copy of any medical records of the child 
     known to exist (to the greatest extent practicable, these 
     documents shall include an English translation) on a date 
     that is not later than the earlier of the date that is 2 
     weeks before the adoption, or the date on which prospective 
     adoptive parents travel to such a foreign country to complete 
     all procedures in such country relating to adoption.

[[Page 4739]]

       (5) The Secretary of State, acting through the Ambassador 
     at Large, shall take necessary measures to ensure that all 
     prospective adoptive parents adopting internationally are 
     provided with training that includes counseling and guidance 
     for the purpose of promoting a successful intercountry 
     adoption before such parents travel to adopt the child or the 
     child is placed with such parents for adoption.
       (6) The Secretary of State, acting through the Ambassador 
     at Large, shall take necessary measures to ensure that--
       (A) prospective adoptive parents are given full disclosure 
     of all direct and indirect costs of intercountry adoption 
     before the parents are matched with a child for adoption;
       (B) fees charged in relation to the intercountry adoption 
     be on a fee-for-service basis not on a contingent fee basis; 
     and
       (C) that the transmission of fees between the adoption 
     agency, the country of origin, and the prospective adoptive 
     parents is carried out in a transparent and efficient manner.
       (7) The Secretary of State, acting through the Ambassador 
     at Large, shall take all measures necessary to ensure that 
     all documents provided to a country of origin on behalf of a 
     prospective adoptive parent are truthful and accurate.

     SEC. __23. NONIMMIGRANT VISAS FOR CHILDREN TRAVELING TO THE 
                   UNITED STATES TO BE ADOPTED BY A UNITED STATES 
                   CITIZEN.

       (a) Nonimmigrant Classification.--
       (1) In general.--Section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) is amended by adding 
     at the end the following:
       ``(W) an adoptable child who is coming into the United 
     States for adoption by a United States citizen and a spouse 
     jointly or by an unmarried United States citizen at least 25 
     years of age, who has been approved to adopt by the Office of 
     International Adoption of the Department of State.''.
       (2) Technical and conforming amendments.--Such section 
     101(a)(15) is further amended--
       (A) by striking ``or'' at the end of subparagraph (U); and
       (B) by striking the period at the end of subparagraph (V) 
     and inserting ``; or''.
       (b) Termination of Period of Authorized Admission.--Section 
     214 of the Immigration and Nationality Act (8 U.S.C. 1184) is 
     amended by adding at the end the following:
       ``(s) In the case of a nonimmigrant described in section 
     101(a)(15)(W), the period of authorized admission shall 
     terminate on the earlier of--
       ``(1) the date on which the adoption of the nonimmigrant is 
     completed by the courts of the State where the parents 
     reside; or
       ``(2) the date that is 4 years after the date of admission 
     of the nonimmigrant into the United States, unless a 
     petitioner is able to show cause as to why the adoption could 
     not be completed prior to such date and the Secretary of 
     State extends such period for the period necessary to 
     complete the adoption.''.
       (c) Temporary Treatment as Legal Permanent Resident.--
     Notwithstanding any other law, all benefits and protections 
     that apply to a legal permanent resident shall apply to a 
     nonimmigrant described in section 101(a)(15)(W) of the 
     Immigration and Nationality Act, as added by subsection (a), 
     pending a full and final adoption.
       (d) Exception From Immunization Requirement for Certain 
     Adopted Children.--Section 212(a)(1)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)(1)(C)) is amended--
       (1) in the heading by striking ``10 years'' and inserting 
     ``18 years''; and
       (2) in clause (i), by striking ``10 years'' and inserting 
     ``18 years''.
       (e) Regulations.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary of State shall prescribe 
     such regulations as may be necessary to carry out this 
     section.

     SEC. __24. DEFINITION OF ADOPTABLE CHILD.

       (a) In General.--Section 101(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(c)) is amended by adding at 
     the end the following:
       ``(3) The term `adoptable child' means an unmarried person 
     under the age of 18--
       ``(A)(i) whose biological parents (or parent, in the case 
     of a child who has one sole or surviving parent) or other 
     persons or institutions that retain legal custody of the 
     child--
       ``(I) have freely given their written irrevocable consent 
     to the termination of their legal relationship with the 
     child, and to the child's emigration and adoption and that 
     such consent has not been induced by payment or compensation 
     of any kind and has not been given prior to the birth of the 
     child;
       ``(II) are unable to provide proper care for the child, as 
     determined by the competent authority of the child's 
     residence; or
       ``(III) have voluntarily relinquished the child to the 
     competent authorities pursuant to the law of the child's 
     residence; or
       ``(ii) who, as determined by the competent authority of the 
     child's residence--
       ``(I) has been abandoned or deserted by their biological 
     parent, parents, or legal guardians; or
       ``(II) has been orphaned due to the death or disappearance 
     of their biological parent, parents, or legal guardians;
       ``(B) with respect to whom the Secretary of State is 
     satisfied that the proper care will be furnished the child if 
     admitted to the United States;
       ``(C) with respect to whom the Secretary of State is 
     satisfied that the purpose of the adoption is to form a bona 
     fide parent-child relationship and that the parent-child 
     relationship of the child and the biological parents has been 
     terminated (and in carrying out both obligations under this 
     subparagraph the Secretary of State, in consultation with the 
     Secretary of Homeland Security, may consider whether there is 
     a petition pending to confer immigrant status on one or both 
     of the biological parents);
       ``(D) with respect to whom the Secretary of State, is 
     satisfied that there has been no inducement, financial or 
     otherwise, offered to obtain the consent nor was it given 
     before the birth of the child;
       ``(E) with respect to whom the Secretary of State, in 
     consultation with the Secretary of Homeland Security, is 
     satisfied that the person is not a security risk; and
       ``(F) whose eligibility for adoption and emigration to the 
     United States has been certified by the competent authority 
     of the country of the child's place of birth or residence.''.
       (b) Conforming Amendment.--Section 204(d) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(d)) is amended 
     by inserting ``and an adoptable child as defined in section 
     101(c)(3)'' before ``unless a valid home-study''.

     SEC. __25. APPROVAL TO ADOPT.

       (a) In General.--Prior to the issuance of a visa under 
     section 101(a)(15)(W) of the Immigration and Nationality Act, 
     as added by section __23(a) of this Act, or the issuance of a 
     full and final adoption decree, the United States citizen 
     adoptive parent shall have approved by the Office a petition 
     to adopt. Such petition shall be subject to the same terms 
     and conditions as are applicable to petitions for 
     classification under section 204.3 of title 8 of the Code of 
     Federal Regulations, as in effect on the day before the date 
     of enactment of this Act.
       (b) Expiration of Approval.--Approval to adopt under this 
     Act is valid for 24 months from the date of approval. Nothing 
     in this section may prevent the Secretary of Homeland 
     Security from periodically updating the fingerprints of an 
     individual who has filed a petition for adoption.
       (c) Expedited Reapproval Process of Families Previously 
     Approved To Adopt.--The Secretary of State shall prescribe 
     such regulations as may be necessary to provide for an 
     expedited and streamlined process for families who have been 
     previously approved to adopt and whose approval has expired, 
     so long as not more than 4 years have lapsed since the 
     original application.
       (d) Denial of Petition.--
       (1) Notice of intent.--If the officer adjudicating the 
     petition to adopt finds that it is not readily approvable, 
     the officer shall notify the petitioner, in writing, of the 
     officer's intent to deny the petition. Such notice shall 
     include the specific reasons why the petition is not readily 
     approvable.
       (2) Petitioner's right to respond.--Upon receiving a notice 
     of intent to deny, the petitioner has 30 days to respond to 
     such notice.
       (3) Decision.--Within 30 days of receipt of the 
     petitioner's response the Office must reach a final decision 
     regarding the eligibility of the petitioner to adopt. Notice 
     of a formal decision must be delivered in writing.
       (4) Right to an appeal.--Unfavorable decisions may be 
     appealed to the Department of State and, after the exhaustion 
     of the appropriate appeals process of the Department, to a 
     United States district court.
       (5) Regulations regarding appeals.--Not later than 6 months 
     after the date of enactment of this Act, the Secretary of 
     State shall promulgate formal regulations regarding the 
     process for appealing the denial of a petition.

     SEC. __26. ADJUDICATION OF CHILD STATUS.

       (a) In General.--Prior to the issuance of a full and final 
     adoption decree or a visa under section 101(a)(15)(W) of the 
     Immigration and Nationality Act, as added by section __23(a) 
     of this Act--
       (1) the Ambassador at Large shall obtain from the competent 
     authority of the country of the child's residence a 
     certification, together with documentary support, that the 
     child sought to be adopted meets the definition of an 
     adoptable child; and
       (2) not later than 15 days after the date of the receipt of 
     the certification referred to in paragraph (1), the Secretary 
     of State shall make a final determination on whether the 
     certification and the documentary support are sufficient to 
     meet the requirements of this section or whether additional 
     investigation or information is required.
       (b) Process for Determination.--
       (1) In general.--The Ambassador at Large shall work with 
     the competent authorities of the child's country of residence 
     to establish a uniform, transparent, and efficient process 
     for the exchange and approval of the certification and 
     documentary support required under subsection (a).
       (2) Notice of intent.--If the Secretary of State determines 
     that a certification submitted by the competent authority of 
     the child's country of origin is not readily approvable, the 
     Ambassador at Large shall--
       (A) notify the competent authority and the prospective 
     adoptive parents, in writing, of

[[Page 4740]]

     the specific reasons why the certification is not sufficient; 
     and
       (B) provide the competent authority and the prospective 
     adoptive parents the opportunity to address the stated 
     insufficiencies.
       (3) Petitioners right to respond.--Upon receiving a notice 
     of intent to find that a certification is not readily 
     approvable, the prospective adoptive parents shall have 30 
     days to respond to such notice.
       (4) Decision.--Not later than 30 days after the date of 
     receipt of a response submitted under paragraph (3), the 
     Secretary of State shall reach a final decision regarding the 
     child's eligibility as an adoptable child. Notice of such 
     decision must be in writing.
       (5) Right to an appeal.--Unfavorable decisions on a 
     certification may be appealed through the appropriate process 
     of the Department of State and, after the exhaustion of such 
     process, to a United States district court.

     SEC. __27. FUNDS.

       The Secretary of State shall provide the Ambassador at 
     Large with such funds as may be necessary for--
       (1) the hiring of staff for the Office;
       (2) investigations conducted by such staff; and
       (3) travel and other expenses necessary to carry out this 
     title.

                        Subtitle C--ENFORCEMENT

     SEC. __31. CIVIL PENALTIES AND ENFORCEMENT.

       (a) Civil Penalties.--A person shall be subject, in 
     addition to any other penalty that may be prescribed by law, 
     to a civil money penalty of not more than $50,000 for a first 
     violation, and not more than $100,000 for each succeeding 
     violation if such person--
       (1) violates a provision of this title or an amendment made 
     by this title;
       (2) makes a false or fraudulent statement, or 
     misrepresentation, with respect to a material fact, or 
     offers, gives, solicits, or accepts inducement by way of 
     compensation, intended to influence or affect in the United 
     States or a foreign country--
       (A) a decision for an approval under title II;
       (B) the relinquishment of parental rights or the giving of 
     parental consent relating to the adoption of a child; or
       (C) a decision or action of any entity performing a central 
     authority function; or
       (3) engages another person as an agent, whether in the 
     United States or in a foreign country, who in the course of 
     that agency takes any of the actions described in paragraph 
     (1) or (2).
       (b) Civil Enforcement.--
       (1) Authority of attorney general.--The Attorney General 
     may bring a civil action to enforce subsection (a) against 
     any person in any United States district court.
       (2) Factors to be considered in imposing penalties.--In 
     imposing penalties the court shall consider the gravity of 
     the violation, the degree of culpability of the defendant, 
     and any history of prior violations by the defendant.

     SEC. __32. CRIMINAL PENALTIES.

       Whoever knowingly and willfully commits a violation 
     described in paragraph (1) or (2) of section __31(a) shall be 
     subject to a fine of not more than $250,000, imprisonment for 
     not more than 5 years, or both.
                                 ______
                                 
  SA 3226. Mr. BOND submitted an amendment intended to be proposed to 
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 316, strike line 2 and all that follows through 
     ``(d)'' on page 317, line 12, and insert the following:
       ``(iv) an alien described in clause (i) who has been 
     accepted and plans to attend an accredited graduate program 
     in mathematics, engineering, technology, or the sciences in 
     the United States for the purpose of obtaining a master's or 
     doctorate degree or pursuing post-doctoral studies.''.
       (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 
     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 Director of the 
     United States Information Agency, 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 mathematics, engineering, technology, or 
     the physical or life sciences in the United States for the 
     purpose of obtaining a master's or doctorate degree or 
     pursuing post-doctoral studies.''.
       (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 qualifies for adjustment of status under 
     section 214(m)(3)(C) shall not be subject to the 2-year 
     foreign residency requirement under this subsection.''.
       (f)
       On page 319, line 1, strike ``(e)'' and insert ``(g)''.
       On page 320, strike line 3 and all that follows through 
     ``(f)'' on line 21, 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 such alien's 
     graduation;
       ``(B) the alien has earned a master's or doctorate degree 
     or completed post-doctoral studies 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)
       On page 321, lines 14 and 15, strike ``an advanced degree'' 
     and insert ``a master's or doctorate degree, or completed 
     post-doctoral studies,''.
       On page 322, line 18, strike ``an advanced degree'' and 
     insert ``a master's or doctorate degree, or completed post-
     doctoral studies,''.
       On page 323, line 23, strike ``an advanced degree'' and 
     insert ``a master's or doctorate degree, or completed post-
     doctoral studies,''.
                                 ______
                                 
  SA 3227. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 351, line 11, strike ``863 hours or''.
                                 ______
                                 
  SA 3228. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,

[[Page 4741]]

and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 362, line 19, strike ``$400'' and insert ``$1000''.
                                 ______
                                 
  SA 3229. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 354, line 18, strike ``$100'' and insert ``$1000''.
                                 ______
                                 
  SA 3230. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 350, line 22, strike ``1'' and insert ``8''.
                                 ______
                                 
  SA 3231. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 360, beginning on line 10, strike all through page 
     381, line 11.
                                 ______
                                 
  SA 3232. Mr. CHAMBLISS (for himself, and Mr. Isakson) submitted an 
amendment intended to be proposed to amendment SA 3192 submitted by Mr. 
Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to 
amend the Immigration and Nationality Act to provide for comprehensive 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 405 of the amendment, strike line 1 and 
     all that follows through line 9 on page 407, and insert the 
     following:
       ``(A) In general.--An employer applying for workers under 
     section 218(a) shall offer to pay, and shall pay, all workers 
     in the occupation for which the employer has applied for 
     workers, not less (and is not required to pay more) than the 
     greater of the prevailing wage in the occupation in the area 
     of intended employment or the applicable State minimum 
     wage.''.
                                 ______
                                 
  SA 3233. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 355, strike line 15 and all that follows 
     through page 360, line 9, and insert the following:
       (3) Civil penalties.--
       (A) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted blue card status has failed to provide the record of 
     employment required under subsection (a)(5) or has provided a 
     false statement of material fact in such a record, the 
     employer shall be subject to a civil money penalty in an 
     amount not to exceed $1,000 per violation.
       (B) Limitation.--The penalty applicable under subparagraph 
     (A) for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
                                 ______
                                 
  SA 3234. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 353, lines 8 and 9, strike ``3 or more 
     misdemeanors'' and insert ``misdemeanor''.
                                 ______
                                 
  SA 3235. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 391, strike line 6 and all that follows 
     through page 392, line 23.
                                 ______
                                 
  SA 3236. Mr. CHAMBLISS submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 360, strike line 10 and all that follows 
     through page 381, line 11, and insert the following:
       (c) Period of Authorized Admission.--
       (1) In general.--An alien may be granted blue card status 
     for a period not to exceed 2 years.
       (2) Return to country.--At the end of the period described 
     in paragraph (1), the alien shall return to the country of 
     nationality or last residence of the alien.
       (3) Eligibility for nonimmigrant visa.--Upon return to the 
     country of nationality or last residence of the alien under 
     paragraph (2), the alien may apply for any nonimmigrant visa.
       (d) Loss of Employment.--
       (1) In general.--The blue card status of an alien shall 
     terminate if the alien is not employed for at least 60 
     consecutive days.
       (2) Return to country.--An alien whose period of authorized 
     admission terminates under paragraph (1) shall return to the 
     country of nationality or last residence of the alien.
       (e) Prohibition of Change or Adjustment of Status.--
       (1) In general.--An alien with blue card status shall not 
     be eligible to change or adjust status in the United States.
       (2) Loss of eligibility.--An alien with blue card status 
     shall lose the status if the alien--
       (A) files a petition to adjust status to legal permanent 
     residence in the United States; or
       (B) requests a consular processing for an immigrant or 
     nonimmigrant visa outside the United States.
                                 ______
                                 
  SA 3237. Mr. INHOFE submitted an amendment intended to be proposed to 
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 15, strike lines 5 through 8 and insert the 
     following:
       (c) Study on the Use of Technology to Prevent Unlawful 
     Immigration.--The Secretary shall conduct a study of 
     available technology, including radar animal detection 
     systems, that could be utilized to--
       (1) increase the security of the international borders of 
     the United States; and
       (2) permit law enforcement officials to detect and prevent 
     illegal immigration.
       (d) Submission to Congress.--Not later than 6 months after 
     the date of the enactment of this Act, the Secretary shall 
     submit to Congress a report, which shall include--
       (1) the plan required under subsection (a);
       (2) the results of the study carried out under subsection 
     (c); and
       (3) recommendations of the Secretary related to the 
     efficacy of the technologies studied under subsection (c).
                                 ______
                                 
  SA 3238. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. IMMIGRATION TRAINING FOR LAW ENFORCEMENT.

       The Assistant Secretary of Homeland Security for the Bureau 
     of Immigration and Customs Enforcement (ICE) shall maximize 
     the training provided by ICE by using law-enforcement-
     sensitive, secure, encrypted, Web-based e-learning, including 
     the Distributed Learning Program of the Federal Law 
     Enforcement Training Center to provide--
       (1) basic immigration enforcement training for State, 
     local, and tribal police officers;
       (2) training, mentoring, and updates authorized under 
     section 287(f)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1357(g)) through e-learning, to the maximum extent 
     possible; and
       (3) access to ICE information, updates, and notices for ICE 
     field agents during field deployments.
                                 ______
                                 
  SA 3239. Mr. INHOFE submitted an amendment intended to be proposed to

[[Page 4742]]

amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 54, after line 23, add the following:

              Subtitle E--Immigration Enforcement Training

     SEC. 151. IMMIGRATION ENFORCEMENT TRAINING DEMONSTRATION 
                   PROJECT.

       (a) In General.--
       (1) Authority.--The Secretary is authorized to provide 
     assistance to the President of Cameron University, located in 
     Lawton, Oklahoma, to establish and implement the 
     demonstration project (referred to in this subtitle as the 
     ``Project'') described in this subtitle.
       (2) Purpose.--The purposes of the Project shall be to 
     assess the feasibility of establishing a nationwide e-
     learning training course, covering basic immigration law 
     enforcement issues, to be used by State, local, and tribal 
     law enforcement officers in order to improve and enhance the 
     ability of such officers, during their routine course of 
     duties, to assist Federal immigration officers in the 
     enforcement of immigration laws of the United States.
       (b) Project Director Responsibilities.--The Project shall 
     be carried out by the Project Director, who shall--
       (1) develop an online, e-learning Web site that--
       (A) provides State, local, and tribal law enforcement 
     officers access to the e-learning training course;
       (B) enrolls officers in the e-learning training course;
       (C) records the performance of officers on the course;
       (D) tracks officers' proficiency in learning the course's 
     concepts;
       (E) ensures a high level of security; and
       (F) encrypts personal and sensitive information;
       (2) develop an e-learning training course that--
       (A) entails not more than 4 hours of training;
       (B) is accessible through the on-line, e-learning Website 
     developed under paragraph (1);
       (C) covers the basic principles and practices of 
     immigration law and the policies that relate to the 
     enforcement of immigration laws;
       (D) includes instructions about--
       (i) employment-based and family-based immigration;
       (ii) the various types of nonimmigrant visas;
       (iii) the differences between immigrant and nonimmigrant 
     status;
       (iv) the differences between lawful and unlawful presence;
       (v) the criminal and civil consequences of unlawful 
     presence;
       (vi) the various grounds for removal;
       (vii) the types of false identification commonly used by 
     illegal and criminal aliens;
       (viii) the common methods of alien smuggling and groups 
     that commonly participate in alien smuggling rings;
       (ix) the inherent legal authority of local law enforcement 
     officers to enforce federal immigration laws; and
       (x) detention and removal procedures, including expeditious 
     removal; and
       (E) is accessible through the secure, encrypted on-line, e-
     learning Web site not later than 90 days of the date of 
     enactment of this Act, and
       (F) incorporates content similar to that covered in the 4-
     hour training course provided by the employees of the 
     Immigration and Naturalization Service to Alabama State 
     Troopers during 2003, in addition to the training given 
     pursuant to an agreement by the State under section 287(g) of 
     the Immigration and Nationality Act (8 U.S.C. 1357(g)); and
       (3) assess the feasibility of expanding to State, local, 
     and tribal law enforcement agencies throughout the Nation the 
     on-line, e-learning Web site, including the e-learning 
     training course, by using on-line technology.
       (c) Period of Project.--The Project Director shall carry 
     out the demonstration project for a 2-year period beginning 
     90 days after the date of the enactment of this Act.
       (d) Participation in Project.--The Project Director shall 
     carry out the demonstration project by enrolling in the e-
     learning training course State, local, and tribal law 
     enforcement officers from--
       (1) Alabama;
       (2) Colorado;
       (3) Florida;
       (4) Oklahoma;
       (5) Texas; and
       (6) at least 1, but not more than 3, other States.
       (e) Participating Officers.--
       (1) Number.--A total of 100,000 officers shall have access 
     to, enroll in, and complete the e-learning training course 
     provided under the Project.
       (2) Apportionment.--The number of officers who are selected 
     to participate in the Project shall be apportioned according 
     to the State populations of the participating States.
       (3) Selection.--Participation in the Project shall--
       (A) be equally apportioned between State, county, and 
     municipal law enforcement agency officers;
       (B) include, when practicable, a significant subset of 
     tribal law enforcement officers; and
       (C) include officers from urban, rural, and highly rural 
     areas.
       (4) Recruitment.--Recruitment of participants shall begin 
     immediately, and occur concurrently, with the e-learning 
     training course's establishment and implementation.
       (5) Limitation on participation.--Officers shall be 
     ineligible to participate in the demonstration project if 
     they are employed by a State, local, or tribal law 
     enforcement agency that--
       (A) has in effect a statute, policy, or practice that 
     prohibits its law enforcement officers from cooperating with 
     Federal immigration enforcement agents; or
       (B) is otherwise in contravention of section 642(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1373(a)).
       (6) Additional requirements.--The law enforcement officers 
     selected to participate in the e-learning training course 
     provided under the Project--
       (A) shall undergo standard vetting procedures, pursuant to 
     the Federal Law Enforcement Training Center Distributed 
     Learning Program, to ensure that each individual is a bona 
     fide law enforcement officer; and
       (B) shall be granted continuous access, throughout the 2-
     year period of the Project, to on-line course material and 
     other training and reference resources accessible through the 
     on-line, e-learning Web site.
       (f) Report.--
       (1) In general.--Not later than the end of the 2-year 
     period described in subsection (c), the Project Director 
     shall submit a report on the participation of State, local, 
     and tribal law enforcement officers in the Project's e-
     learning training course to--
       (A) the Committee on the Judiciary of the Senate;
       (B) the Committee on the Judiciary of the House of 
     Representatives;
       (C) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (D) the Committee on Homeland Security of the House of 
     Representatives.
       (2) Contents.--The report submitted under paragraph (1) 
     shall include--
       (A) an estimate of the cost savings realized by offering 
     training through the e-learning training course instead of 
     the residential classroom method;
       (B) an estimate of the difference between the 100,000 law 
     enforcement officers who received training through the e-
     learning training course and the number of law enforcement 
     officers who could have received training through the 
     residential classroom method in the same 2-year period;
       (C) the effectiveness of the e-learning training course 
     with respect to student-officer performance;
       (D) the convenience afforded student-officers with respect 
     to their ability to access the e-learning training course at 
     their own convenience and to return to the on-line, e-
     learning Web site for refresher training and reference; and
       (E) the ability of the on-line, e-learning Web site to 
     safeguard the student officers' private and personal 
     information while providing supervisors with appropriate 
     information about student performance and course completion.

     SEC. 152. EXPANSION OF PROGRAM.

       (a) In General.--After the completion of the Project, the 
     Secretary shall--
       (1) continue to make available the on-line, e-learning Web 
     site and the e-learning training course developed in the 
     Project;
       (2) annually enroll 100,000 new State, local, and tribal 
     law enforcement officers in such e-learning training course; 
     and
       (3) consult with Congress regarding the addition, 
     substitution, or removal of States eligible to participate in 
     such e-learning training course.
       (b) Limitation on Participation.--An individual is 
     ineligible to participate in the expansion of the Project 
     established under this subtitle if the individual is employed 
     by a State, local, or tribal law enforcement agency that--
       (1) has in effect a statute, policy, or practice that 
     prohibits its law enforcement officers from cooperating with 
     Federal immigration enforcement agents; or
       (2) is otherwise in contravention of section 642(a) of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996 (8 U.S.C. 1373(a)).

     SEC. 153. AUTHORIZATION OF APPROPRIATIONS.

       (a) Fiscal Year 2007.--There are authorized to be 
     appropriated $3,000,000 to the Secretary in fiscal year 2007 
     to carry out this subtitle.
       (b) Subsequent Fiscal Years.--There are authorized to be 
     appropriated in fiscal year 2008, and each subsequent fiscal 
     year, such sums as may be necessary to continue to operate, 
     promote, and recruit participants for the Project and the 
     expansion of the Project under this subtitle.
       (c) Availability of Funds.--Funds appropriated pursuant to 
     this section shall remain available until expended.
                                 ______
                                 
  SA 3240. Mr. INHOFE submitted an amendment intended to be proposed to

[[Page 4743]]

amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 13, between lines 20 and 21, insert the following:

     SEC. 107. ESTABLISHMENT OF IMMIGRATION AND CUSTOMS 
                   ENFORCEMENT FIELD OFFICE.

       (a) Findings.--Congress finds the following:
       (1) On July 17, 2002, 18 aliens who were present in the 
     United States illegally, including 3 minors, were taken into 
     custody by the Tulsa County Sheriff's Department. The aliens 
     were later released by officials of the former Immigration 
     and Naturalization Service.
       (2) On August 13, 2002, an immigration task force meeting 
     convened in Tulsa, Oklahoma, with the goal of bringing 
     together local law enforcement and the Immigration and 
     Naturalization Service to open a dialogue to find effective 
     ways to better enforce Federal immigration laws in the first 
     District of Oklahoma.
       (3) On January 22, 2003, 4 new agents at the Immigration 
     and Naturalization Service office in Oklahoma City were 
     hired.
       (4) On January 30, 2003, Oklahoma's Immigration and 
     Naturalization Service office added 6 new special agents to 
     their staff.
       (5) On September 22, 2004, officials of the Bureau of 
     Immigration and Customs Enforcement of the Department 
     authorized the release of 18 individuals who may have been 
     present in the United States illegally and were in the 
     custody of the police department of the City of Catoosa, 
     Oklahoma. Catoosa Police stopped a truck carrying 18 
     individuals, including children, in the early morning hours 
     on that date. Only 2 of the individuals produced 
     identification. One adult was arrested on drug possession 
     charges and the remaining individuals were released.
       (6) Oklahoma has 1 Office of Investigations of the Bureau 
     of Immigration and Customs Enforcement, which is located in 
     Oklahoma City. In 2005, 12 agents of the Bureau of 
     Immigration and Customs Enforcement served the 3,500,000 
     people residing in Oklahoma.
       (7) Highway I-44 and U.S.-75 are major roads through Tulsa, 
     Oklahoma, that are used to transport illegal aliens to all 
     areas of the United States.
       (8) The establishment of a field office of the Office of 
     Investigations of the Bureau of Immigration and Customs 
     Enforcement in Tulsa, Oklahoma, will help enforce Federal 
     immigration laws in Eastern Oklahoma.
       (9) Seven agents of the Drug Enforcement Administration and 
     an estimated 22 agents of the Federal Bureau of Investigation 
     are assigned to duty stations in Tulsa, Oklahoma, and there 
     are no agents of the Bureau of Immigration and Customs 
     Enforcement who are assigned to a duty station in Tulsa, 
     Oklahoma.
       (b) Establishment of Field Office in Tulsa, Oklahoma.--Not 
     later than 180 days after the date of the enactment of this 
     Act, the Secretary shall establish a field office of the 
     Office of Investigations of the Bureau of Immigration and 
     Customs Enforcement in Tulsa, Oklahoma.
                                 ______
                                 
  SA 3241. Mr. INHOFE submitted an amendment to be proposed to 
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 123, between lines 8 and 9, insert the following:
       (c) Criminal Penalties for Forgery of Federal Documents.--
       (1) In general.--Chapter 25 of title 18, United States 
     Code, is amended by adding at the end the following:

     ``Sec. 515. Federal records, documents, and writings, 
       generally

       ``Any person who--
       ``(1) falsely makes, alters, forges, or counterfeits any 
     Federal record, Federal document, Federal writing, or record, 
     document, or writing characterizing, or purporting to 
     characterize, official Federal activity, service, contract, 
     obligation, duty, property, or chose;
       ``(2) utters or publishes as true, or possesses with intent 
     to utter or publish as true, any record, document, or writing 
     described in paragraph (1), knowing, or negligently failing 
     to know, that such record, document, or writing has not been 
     verified, has been inconclusively verified, is unable to be 
     verified, or is false, altered, forged, or counterfeited;
       ``(3) transmits to, or presents at any office, or to any 
     officer, of the United States, any record, document, or 
     writing described in paragraph (1), knowing, or negligently 
     failing to know, that such record, document, or writing has 
     not been verified, has been inconclusively verified, is 
     unable to be verified, or is false, altered, forged, or 
     counterfeited;
       ``(4) attempts, or conspires to commit, any of the acts 
     described in paragraphs (1) through (3); or
       ``(5) while outside of the United States, engages in any of 
     the acts described in paragraphs (1) through (3),

     shall be fined under this title, imprisoned not more than 10 
     years, or both.''.
       (2) Clerical amendment.--The table of sections for chapter 
     25 of title 18, United States Code, is amended by inserting 
     after the item relating to section 514 the following:

``515. Federal records, documents, and writings, generally.''.
                                 ______
                                 
  SA 3242. Mr. LEAHY submitted an amendment to be proposed to amendment 
SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. 
Hagel) to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike subsection (a) of section 507 and insert the 
     following:
       (a) In General.--Section 101(a)(15)(F) (8 U.S.C. 
     1101(a)(15)(F)) is amended to read as follows:
       ``(F)(i) an alien having a residence in a foreign country 
     which, except in the case of an alien described in clause 
     (iv), the alien has no intention of abandoning, who is--
       ``(I) a bona fide student qualified to pursue a full course 
     of study and who seeks to enter the United States temporarily 
     and solely for the purpose of pursuing such a course of study 
     (except for a graduate program described in clause (iv)) 
     consistent with section 214(m) at an established college, 
     university, seminary, conservatory, academic high school, 
     elementary school, or other academic institution or in a 
     language training program in the United States, particularly 
     designated by the alien and approved by the Secretary of 
     Homeland Security after consultation with the Secretary of 
     Education, which institution or place of study shall have 
     agreed to report to the Secretary of Homeland Security the 
     termination of attendance of each nonimmigrant student, and 
     if any such institution of learning or place of study fails 
     to make reports promptly the approval shall be withdrawn; or
       ``(II) engaged in temporary employment for optional 
     practical training related to the alien's area of study, 
     which practical training shall be authorized for a period or 
     periods of not more than 24 months;
       ``(ii) the alien spouse and minor children of any alien 
     described in clause (i) or (iv) if accompanying or following 
     to join such an alien;
       ``(iii) an alien who is a national of Canada or Mexico, who 
     maintains actual residence and place of abode in the country 
     of nationality, who is described in clause (i) except that 
     the alien's qualifications for and actual course of study may 
     be full or part-time, and who commutes to the United States 
     institution or place of study from Canada or Mexico;
       ``(iv) an alien described in clause (i) who has been 
     accepted and plans to attend an accredited graduate program 
     in mathematics, engineering, technology, or the sciences in 
     the United States for the purpose of obtaining an advanced 
     degree; and
       ``(v) an alien who maintains actual residence and place of 
     abode in the alien's country of nationality, who is described 
     in clause (i) except that the alien's actual course of study 
     may involve a distance learning program, for which the alien 
     is visiting the United States temporarily for a period not to 
     exceed 30 days;''.
                                 ______
                                 
  SA 3243. Mr. LAUTENBERG (for himself, Mr. Reid, Mr. Menendez, and 
Mrs. Clinton) submitted an amendment intended to be proposed to 
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

                   TITLE --FAMILY HUMANITARIAN RELIEF

     SEC __1. SHORT TITLE.

       This title may be cited as the ``September 11 Family 
     Humanitarian Relief and Patriotism Act''.

     SEC. __02. ADJUSTMENT OF STATUS FOR CERTAIN NONIMMIGRANT 
                   VICTIMS OF TERRORISM.

       (a) Adjustment of Status.--
       (1) In general.--The status of any alien described in 
     subsection (b) shall be adjusted by the Secretary of Homeland 
     Security to that of an alien lawfully admitted for permanent 
     residence, if the alien--
       (A) applies for such adjustment not later than 2 years 
     after the date on which the Secretary promulgates final 
     regulations to implement this section; and
       (B) is otherwise admissible to the United States for 
     permanent residence, except in determining such admissibility 
     the grounds for inadmissibility specified in paragraphs (4),

[[Page 4744]]

     (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (2) Rules in applying certain provisions.--
       (A) In general.--In the case of an alien described in 
     subsection (b) who is applying for adjustment of status under 
     this section--
       (i) the provisions of section 241(a)(5) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply; 
     and
       (ii) the Secretary of Homeland Security may grant the alien 
     a waiver on the grounds of inadmissibility under 
     subparagraphs (A) and (C) of section 212(a)(9) of such Act (8 
     U.S.C. 1182(a)(9)).
       (B) Standards.--In granting waivers under subparagraph 
     (A)(ii), the Secretary shall use standards used in granting 
     consent under subparagraphs (A)(iii) and (C)(ii) of such 
     section 212(a)(9).
       (3) Relationship of application to certain orders.--
       (A) Application permitted.--An alien present in the United 
     States who has been ordered excluded, deported, removed, or 
     ordered to depart voluntarily from the United States under 
     any provision of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) may, notwithstanding such order, apply 
     for adjustment of status under paragraph (1).
       (B) Motion not required.--An alien described in 
     subparagraph (A) may not be required, as a condition of 
     submitting or granting such application, to file a separate 
     motion to reopen, reconsider, or vacate such order.
       (C) Effect of decision.--If the Secretary of Homeland 
     Security grants a request under subparagraph (A), the 
     Secretary shall cancel the order. If the Secretary renders a 
     final administrative decision to deny the request, the order 
     shall be effective and enforceable to the same extent as if 
     the application had not been made.
       (b) Aliens Eligible for Adjustment of Status.--The benefits 
     provided by subsection (a) shall apply to any alien who--
       (1) was lawfully present in the United States as a 
     nonimmigrant alien described in section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on 
     September 10, 2001;
       (2) was, on such date, the spouse, child, dependent son, or 
     dependent daughter of an alien who--
       (A) was lawfully present in the United States as a 
     nonimmigrant alien described in section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on 
     such date; and
       (B) died as a direct result of a specified terrorist 
     activity; and
       (3) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (c) Stay of Removal; Work Authorization.--
       (1) In general.--The Secretary of Homeland Security shall 
     establish, by regulation, a process by which an alien subject 
     to a final order of removal may seek a stay of such order 
     based on the filing of an application under subsection (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), the Secretary of Homeland Security shall not 
     order any alien to be removed from the United States, if the 
     alien is in removal proceedings under any provision of such 
     Act and has applied for adjustment of status under subsection 
     (a), except where the Secretary has rendered a final 
     administrative determination to deny the application.
       (3) Work authorization.--The Secretary of Homeland Security 
     shall authorize an alien who has applied for adjustment of 
     status under subsection (a) to engage in employment in the 
     United States during the pendency of such application.
       (d) Availability of Administrative Review.--The Secretary 
     of Homeland Security shall provide to applicants for 
     adjustment of status under subsection (a) the same right to, 
     and procedures for, administrative review as are provided 
     to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255); or
       (2) aliens subject to removal proceedings under section 240 
     of such Act (8 U.S.C. 1229a).

     SEC. __03. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT 
                   VICTIMS OF TERRORISM.

       (a) In General.--Subject to the provisions of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     other than subsections (b)(1), (d)(1), and (e) of section 
     240A of such Act (8 U.S.C. 1229b), the Secretary of Homeland 
     Security shall, under such section 240A, cancel the removal 
     of, and adjust to the status of an alien lawfully admitted 
     for permanent residence, an alien described in subsection 
     (b), if the alien applies for such relief.
       (b) Aliens Eligible for Cancellation of Removal.--The 
     benefits provided by subsection (a) shall apply to any alien 
     who--
       (1) was, on September 10, 2001, the spouse, child, 
     dependent son, or dependent daughter of an alien who died as 
     a direct result of a specified terrorist activity; and
       (2) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (c) Stay of Removal; Work Authorization.--
       (1) In general.--The Secretary of Homeland Security shall 
     provide by regulation for an alien subject to a final order 
     of removal to seek a stay of such order based on the filing 
     of an application under subsection (a).
       (2) Work authorization.--The Secretary of Homeland Security 
     shall authorize an alien who has applied for cancellation of 
     removal under subsection (a) to engage in employment in the 
     United States during the pendency of such application.
       (d) Motions to Reopen Removal Proceedings.--
       (1) In general.--Notwithstanding any limitation imposed by 
     law on motions to reopen removal proceedings (except 
     limitations premised on an alien's conviction of an 
     aggravated felony (as defined in section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), any 
     alien who has become eligible for cancellation of removal as 
     a result of the enactment of this section may file 1 motion 
     to reopen removal proceedings to apply for such relief.
       (2) Filing period.--The Secretary of Homeland Security 
     shall designate a specific time period in which all such 
     motions to reopen are required to be filed. The period shall 
     begin not later than 60 days after the date of enactment of 
     this Act and shall extend for a period not to exceed 240 
     days.

     SEC. __04. EXCEPTIONS.

       Notwithstanding any other provision of this title, an alien 
     may not be provided relief under this title if the alien is--
       (1) inadmissible under paragraph (2) or (3) of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)), or deportable under paragraph (2) or (4) of section 
     237(a) of such Act (8 U.S.C. 1227(a)), including any 
     individual culpable for a specified terrorist activity; or
       (2) a family member of an alien described in paragraph (1).

     SEC. __05. EVIDENCE OF DEATH.

       For purposes of this title, the Secretary of Homeland 
     Security shall use the standards established under section 
     426 of the Uniting and Strengthening America by Providing 
     Appropriate Tools Required to Intercept and Obstruct 
     Terrorism (USA PATRIOT ACT) Act of 2001 (115 Stat. 362) in 
     determining whether death occurred as a direct result of a 
     specified terrorist activity.

     SEC. __06. DEFINITIONS.

       (a) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this title, the definitions used in the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), other than the 
     definitions applicable exclusively to title III of such Act, 
     shall apply in the administration of this title.
       (b) Specified Terrorist Activity.--For purposes of this 
     title, the term ``specified terrorist activity'' means any 
     terrorist activity conducted against the Government or the 
     people of the United States on September 11, 2001.
                                 ______
                                 
  SA 3244. Mr. STEVENS (for himself, Mr. Leahy, and Mr. Jeffords) 
submitted an amendment intended to be proposed by him to the bill S. 
2454, to amend the Immigration and Nationality Act to provide for 
comprehensive reform and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. TRAVEL DOCUMENT PLAN.

       Section 7209(b)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1185 note) is amended by 
     striking ``January 1, 2008'' and inserting ``June 1, 2009''.
                                 ______
                                 
  SA 3245. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill S. 2454, to amend the Immigration and Nationality Act 
to provide for comprehensive reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 240, strike lines 11 through 13 and insert the 
     following:
       ``(l) Distribution of Fees.--Of the fees collected under 
     this section--
       ``(1) 98 percent shall be deposited in the Treasury in 
     accordance with section 286(c); and
       ``(2) 2 percent shall be made available for grants under 
     the Initial Entry, Adjustment, and Citizenship Assistance 
     Grant Program established under the Initial Entry, 
     Adjustment, and Citizenship Assistance Grant Act of 2006.
       On page 333, strike lines 9 through 12 and insert the 
     following:
       ``(4) Use of fees and fines.--Of the fees and fines 
     collected under this subsection--
       ``(A) 98 percent shall be deposited in the Treasury in 
     accordance with section 286(w); and
       ``(B) 2 percent shall be made available for grants under 
     the Initial Entry, Adjustment, and Citizenship Assistance 
     Grant Program established under the Initial Entry, 
     Adjustment, and Citizenship Assistance Grant Act of 2006.
       On page 477, after line 23, add the following:

[[Page 4745]]



     SEC. 644. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

       (a) Short Title.--This section may be cited as the 
     ``Initial Entry, Adjustment, and Citizenship Assistance Grant 
     Act of 2006''.
       (b) Purpose.--The purpose of this section is to establish a 
     grant program within the Bureau of Citizenship and 
     Immigration Services that provides funding to community-based 
     organizations, including community-based legal service 
     organizations, as appropriate, to develop and implement 
     programs to assist eligible applicants for the conditional 
     nonimmigrant worker program established under this Act by 
     providing them with the services described in subsection 
     (d)(2).
       (c) Definitions.--In this section:
       (1) Community-based organization.--The term ``community-
     based organization'' means a nonprofit, tax-exempt 
     organization, including a faith-based organization, whose 
     staff has experience and expertise in meeting the legal, 
     social, educational, cultural educational, or cultural needs 
     of immigrants, refugees, persons granted asylum, or persons 
     applying for such statuses.
       (2) IEACA grant.--The term ``IEACA grant'' means an Initial 
     Entry, Adjustment, and Citizenship Assistance Grant 
     authorized under subsection (d).
       (d) Establishment of Initial Entry, Adjustment, and 
     Citizenship Assistance Grant Program.--
       (1) Grants authorized.--The Secretary, working through the 
     Director of the Bureau of Citizenship and Immigration 
     Services, may award IEACA grants to community-based 
     organizations.
       (2) Use of funds.--Grants awarded under this section may be 
     used for the design and implementation of programs to provide 
     the following services:
       (A) Initial application.--Assistance and instruction, 
     including legal assistance, to aliens making initial 
     application for treatment under the program established by 
     section 218D of the Immigration and Nationality Act, as added 
     by this Act. Such assistance may include assisting applicants 
     in--
       (i) screening to assess prospective applicants' potential 
     eligibility or lack of eligibility;
       (ii) filling out applications;
       (iii) gathering proof of identification, employment, 
     residence, and tax payment;
       (iv) gathering proof of relationships of eligible family 
     members;
       (v) applying for any waivers for which applicants and 
     qualifying family members may be eligible; and
       (vi) any other assistance that the Secretary or grantee 
     considers useful to aliens who are interested in filing 
     applications for treatment under such section 218D.
       (B) Adjustment of status.--Assistance and instruction, 
     including legal assistance, to aliens seeking to adjust their 
     status in accordance with section 245 or 245B of the 
     Immigration and Nationality Act.
       (C) Citizenship.--Assistance and instruction to applicants 
     on--
       (i) the rights and responsibilities of United States 
     Citizenship;
       (ii) English as a second language;
       (iii) civics; or
       (iv) applying for United States citizenship.
       (3) Duration and renewal.--
       (A) Duration.--Each grant awarded under this section shall 
     be awarded for a period of not more than 3 years.
       (B) Renewal.--The Secretary may renew any grant awarded 
     under this section in 1-year increments.
       (4) Application for grants.--Each entity desiring an IEACA 
     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 require.
       (5) Eligible organizations.--A community-based organization 
     applying for a grant under this section to provide services 
     described in subparagraph (A), (B), or (C)(iv) of paragraph 
     (2) may not receive such a grant unless the organization is--
       (A) recognized by the Board of Immigration Appeals under 
     section 292.2 of title 8, Code of Federal Regulations; or
       (B) otherwise directed by an attorney.
       (6) Selection of grantees.--Grants awarded under this 
     section shall be awarded on a competitive basis.
       (7) Geographic distribution of grants.--The Secretary shall 
     approve applications under this section in a manner that 
     ensures, to greatest extent practicable, that--
       (A) not less than 50 percent of the funding for grants 
     under this section are awarded to programs located in the 10 
     States with the highest percentage of foreign-born residents; 
     and
       (B) not less than 20 percent of the funding for grants 
     under this section are awarded to programs located in States 
     that are not described in subparagraph (A).
       (8) Ethnic diversity.--The Secretary shall ensure that 
     community-based organizations receiving grants under this 
     section provide services to an ethnically diverse population, 
     to the greatest extent possible.
       (e) Liaison Between USCIS and Grantees.--The Secretary 
     shall establish a liaison between the Bureau of Citizenship 
     and Immigration Services and the community of providers of 
     services under this section to assure quality control, 
     efficiency, and greater client willingness to come forward.
       (f) Reports to Congress.--Not later than 180 days after the 
     date of the enactment of this Act, and each subsequent July 
     1, the Secretary shall submit a report to Congress that 
     includes information regarding--
       (1) the status of the implementation of this section;
       (2) the grants issued pursuant to this section; and
       (3) the results of those grants.
       (g) Source of Grant Funds.--
       (1) Application fees.--The Secretary may use funds made 
     available under sections 218A(l)(2) and 218D(f)(4)(B) of the 
     Immigration and Nationality Act, as added by this Act, to 
     carry out this section.
       (2) Authorization of appropriations.--
       (A) Amounts authorized.--In addition to the amounts made 
     available under paragraph (1), there are authorized to be 
     appropriated such additional sums as may be necessary for 
     each of the fiscal years 2007 through 2011 to carry out this 
     section.
       (B) Availability.--Any amounts appropriated pursuant to 
     subparagraph (A) shall remain available until expended.
                                 ______
                                 
  SA 3246. Mr. KYL (for himself and Mr. Cornyn) submitted an amendment 
intended to be proposed by him to the bill S. 2454, to amend the 
Immigration and Nationality Act to provide for comprehensive reform and 
for other purposes; which was ordered to lie on the table; as follows:

       At the end of subsection (a) of section 403, insert the 
     following:
       (3) Limitation on granting of visas to h-2c 
     nonimmigrants.--Notwithstanding any other provision of this 
     Act or the amendments made by this Act, the Secretary may not 
     grant a temporary visa to an alien described in section 
     101(a)(15)(H)(ii)(c) of the Immigration and Nationality Act, 
     as amended by section 402(a), pursuant to section 218A of the 
     Immigration and Nationality Act, as amended by paragraph (1), 
     until after the date that the Secretary certifies to Congress 
     that--
       (A) the Electronic Employment Verifi-
     cation System described in section 274A of the Immigration 
     and Nationality Act, as amended by section 301(a), is fully 
     operational;
       (B) the number of full-time employees who investigate 
     compliance with immigration laws related to the hiring of 
     aliens within the Department is increased by not less than 
     2,000 more than the number of such employees within the 
     Department on the date of the enactment of this Act and that 
     such employees have received appropriate training;
       (C) the number of full-time, active-duty border patrol 
     agents within the Department is increased by not less than 
     2,500 more than the number of such agents within the 
     Department on the date of the enactment of this Act; and
       (D) additional detention facilities to detain unlawful 
     aliens apprehended in United States have been constructed or 
     obtained and the personnel to operate such facilities have 
     been hired, trained, and deployed so that the number of 
     detention bed spaces available is increased by not less than 
     2,000 more than the number of such beds available on the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 3247. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROMOTING CIRCULAR MIGRATION PATTERNS.

       (a) Labor Migration Facilitation Programs.--
       (1) In general.--The Secretary of State is authorized to 
     enter into agreements, with the appropriate officials of 
     foreign governments whose nationals participate in the 
     temporary guest worker program authorized under section 218A 
     of the Immigration and Nationality Act, as added by section 
     403 of this Act, for the purposes of jointly establishing and 
     administering labor migration facilitation programs.
       (2) Priority.--The Secretary of State shall place a 
     priority on establishing labor migration facilitation 
     programs under paragraph (1) with the governments of 
     countries that have a large number of nationals working as 
     temporary guest workers in the United States under section 
     218A of such Act. The Secretary shall enter into such 
     agreements not later than 3 months after the date of the 
     enactment of this Act or as soon thereafter as is 
     practicable.
       (3) Elements of program.--A program established under 
     paragraph (1) may provide for--
       (A) the Secretary of State, in conjunction with the 
     Secretary and the Secretary of Labor, to confer with 
     appropriate officials of the foreign government to--
       (i) establish and implement a program to assist temporary 
     guest workers from the foreign country to obtain nonimmigrant 
     status under section 101(a)(15)(H)(ii)(c) of such Act; and

[[Page 4746]]

       (ii) establish programs to create economic incentives for 
     aliens to return to their country of origin;
       (B) the foreign government to--
       (i) monitor the participation of its nationals in the 
     temporary guest worker program, including departure from and 
     return to their country of origin;
       (ii) develop and promote a reintegration program available 
     to such individuals upon their return from the United States; 
     and
       (iii) promote or facilitate travel of such individuals 
     between their country of origin and the United States; and
       (C) any other matters that the Secretary of State and the 
     appropriate officials of the foreign government consider 
     appropriate to enable nationals of the foreign country who 
     are participating in the temporary work program to maintain 
     strong ties to their country of origin.
       (b) Bilateral Efforts With Mexico to Reduce Migration 
     Pressures and Costs.--
       (1) Findings.--Congress makes the following findings:
       (A) Migration from Mexico to the United States is directly 
     linked to the degree of economic opportunity and the standard 
     of living in Mexico.
       (B) Mexico comprises a prime source of migration to the 
     United States.
       (C) Remittances from Mexican citizens working in the United 
     States reached a record high of nearly $17,000,000,000 in 
     2004.
       (D) Migration patterns may be reduced from Mexico to the 
     United States by addressing the degree of economic 
     opportunity available to Mexican citizens.
       (E) Many Mexican assets are held extra-legally and cannot 
     be readily used as collateral for loans.
       (F) A majority of Mexican businesses are small- or medium-
     sized with limited access to financial capital.
       (G) These factors constitute a major impediment to broad-
     based economic growth in Mexico.
       (H) Approximately 20 percent of the population of Mexico 
     works in agriculture, with the majority of this population 
     working on small farms rather than large commercial 
     enterprises.
       (I) The Partnership for Prosperity is a bilateral 
     initiative launched jointly by the President of the United 
     States and the President of Mexico in 2001, which aims to 
     boost the social and economic standards of Mexican citizens, 
     particularly in regions where economic growth has lagged and 
     emigration has increased.
       (J) The Presidents of Mexico and of the United States and 
     the Prime Minister of Canada, at their trilateral summit on 
     March 23, 2005, established the Security and Prosperity 
     Partnership of North America to promote economic growth, 
     competitiveness, and quality of life throughout North 
     America.
       (2) Sense of congress regarding partnership for 
     prosperity.--It is the sense of Congress that the United 
     States and Mexico should accelerate the implementation of the 
     Security and Prosperity Partnership of North America to help 
     generate economic growth and improve the standard of living 
     in Mexico, which will lead to reduced migration, by--
       (A) increasing access for poor and under served populations 
     in Mexico to the financial services sector, including credit 
     unions;
       (B) assisting Mexican efforts to formalize its extra-legal 
     sector, including the issuance of formal land titles, to 
     enable Mexican citizens to use their assets to procure 
     capital;
       (C) facilitating Mexican efforts to establish an effective 
     rural lending system for small- and medium-sized farmers that 
     will--
       (i) provide long term credit to borrowers;
       (ii) develop a viable network of regional and local 
     intermediary lending institutions; and
       (iii) extend financing for alternative rural economic 
     activities beyond direct agricultural production;
       (D) expanding efforts to reduce the transaction costs of 
     remittance flows in order to increase the pool of savings 
     available to help finance domestic investment in Mexico;
       (E) encouraging Mexican corporations to adopt 
     internationally recognized corporate governance practices, 
     including anti-corruption and transparency principles;
       (F) enhancing Mexican efforts to strengthen governance at 
     all levels, including efforts to improve transparency and 
     accountability, and to eliminate corruption, which is the 
     single biggest obstacle to development;
       (G) assisting the Government of Mexico in implementing all 
     provisions of the Inter-American Convention Against 
     Corruption (ratified by Mexico on May 27, 1997) and urging 
     the Government of Mexico to participate fully in the 
     Convention's formal implementation monitoring mechanism;
       (H) helping the Government of Mexico to strengthen 
     education and training opportunities throughout the country, 
     with a particular emphasis on improving rural education; and
       (I) encouraging the Government of Mexico to create 
     incentives for persons who have migrated to the United States 
     to return to Mexico.
       (3) Sense of congress regarding bilateral partnership on 
     health care.--It is the sense of Congress that the Government 
     of the United States and the Government of Mexico should 
     enter into a partnership to examine uncompensated and 
     burdensome health care costs incurred by the United States 
     due to legal and illegal immigration, including--
       (A) increasing health care access for poor and under served 
     populations in Mexico;
       (B) assisting Mexico in increasing its emergency and trauma 
     health care facilities along the border, with emphasis on 
     expanding prenatal care in the region along the international 
     border between the United States and Mexico;
       (C) facilitating the return of stable, incapacitated 
     workers temporarily employed in the United States to Mexico 
     in order to receive extended, long-term care in their home 
     country; and
       (D) helping the Government of Mexico to establish a program 
     with the private sector to cover the health care needs of 
     Mexican nationals temporarily employed in the United States.
                                 ______
                                 
  SA 3248. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DISCRETIONARY AUTHORITY.

       Section 212(i) (8 U.S.C. 1182(i)) is amended--
       (1) by redesignating paragraph (2) as paragraph (3); and
       (2) by inserting after paragraph (1) the following:
       ``(2)(A) The Secretary of Homeland Security may waive the 
     application of subsection (a)(6)(C)--
       ``(i) in the case of an immigrant who is the spouse, 
     parent, son, or daughter of a United States citizen or of an 
     alien lawfully admitted for permanent residence, if the 
     Secretary of Homeland Security determines that the refusal of 
     admission to the United States of such immigrant alien would 
     result in extreme hardship to the citizen or lawfully 
     resident spouse, child, son, daughter, or parent of such an 
     alien; or
       ``(ii) in the case of an alien granted classification under 
     clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii) 
     or (iii) of section 204(a)(1)(B), if--
       ``(I) the alien demonstrates extreme hardship to the alien 
     or the alien's parent or child; and
       ``(II) such parent or child is a United States citizen, a 
     lawful permanent resident, or a qualified alien.
       ``(B) An alien who is granted a waiver under subparagraph 
     (A) shall pay a $2,000 fine.''.
                                 ______
                                 
  SA 3249. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place in title V of the amendment, 
     insert the following:

     SEC. 2. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE 
                   HAITIAN AND IMMIGRANT FAIRNESS ACT OF 1998.

       (a) In General.--Section 902(d) of the Haitian Refugee 
     Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is 
     amended by adding at the end the following:
       ``(3) Determinations with respect to children.--
       ``(A) Use of application filing date.--Determinations made 
     under this subsection as to whether an individual is a child 
     of a parent shall be made using the age and status of the 
     individual on the date of the enactment of this section.
       ``(B) Application submission by parent.--Notwithstanding 
     paragraph (1)(C), an application under this subsection filed 
     based on status as a child may be filed for the benefit of 
     such child by a parent or guardian of the child, if the child 
     is physically present in the United States on such filing 
     date.''.
       (b) New Applications and Motions to Reopen.--
       (1) New applications.--Notwithstanding section 902(a)(1)(A) 
     of the Haitian and Immigrant Fairness Act of 1998, an alien 
     who is eligible for adjustment of status under such Act, as 
     amended by subsection (a), may submit an application for 
     adjustment of status under such Act not later than the later 
     of--
       (A) 2 years after the date of the enactment of this Act; 
     and
       (B) 1 year after the date on which final regulations 
     implementing this section are promulgated.
       (2) Motions to reopen.--The Secretary of Homeland Security 
     shall establish procedures for the reopening and 
     reconsideration of applications for adjustment of status 
     under the Haitian Refugee Immigration Fairness Act of 1998 
     that are affected by the amendments under subsection (a).

[[Page 4747]]

       (3) Relationship of application to certain orders.--Section 
     902(a)(3) of the Haitian and Immigrant Fairness Act of 1998 
     shall apply to an alien present in the United States who has 
     been ordered excluded, deported, removed, or ordered to 
     depart voluntarily, and who files an application under 
     paragraph (1), or a motion under paragraph (2), in the same 
     manner as such section 902(a)(3) applied to aliens filing 
     applications for adjustment of status under such Act before 
     April 1, 2000.
                                 ______
                                 
  SA 3250. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC.  __. FAMILY UNITY.

       Section 212(a)(9) (8 U.S.C. 1182(a)(9)) is amended--
       (1) in subparagraph (C)(ii), by striking ``between--'' and 
     all that follows and inserting the following: ``between--

       ``(I) the alien having been battered or subjected to 
     extreme cruelty; and
       ``(II) the alien's removal, departure from the United 
     States, reentry or reentries into the United States, or 
     attempted reentry into the United States.''; and

       (2) by adding at the end the following:
       ``(D) Waiver.--
       ``(i) In general.--The Secretary may waive the application 
     of subparagraphs (B) and (C) for an alien who is a 
     beneficiary of a petition filed under section 201 or 203 if 
     such petition was filed not later than the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006.
       ``(ii) Fine.--An alien who is granted a waiver under clause 
     (i) shall pay a $2,000 fine.''.
                                 ______
                                 
  SA 3251. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. AMENDING THE AFFIDAVIT OF SUPPORT REQUIREMENTS.

       Section 213A (8 U.S.C. 1183a) is amended--
       (1) in subsection (a)(1)(A), by striking ``125 percent 
     of''; and
       (2) in subsection (f), by striking ``125 percent of'' each 
     place it occurs.
                                 ______
                                 
  SA 3252. Mr. KOHL submitted an amendment intended to be proposed to 
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

             TITLE I--STATE COURT INTERPRETER GRANT PROGRAM

     SEC.  __1. SHORT TITLE.

       This title may be cited as the ``State Court Interpreter 
     Grant Program Act''.

     SEC.  __2. FINDINGS.

       Congress finds that--
       (1) the fair administration of justice depends on the 
     ability of all participants in a courtroom proceeding to 
     understand that proceeding, regardless of their English 
     proficiency;
       (2) 19 percent of the population of the United States over 
     5 years of age speaks a language other than English at home;
       (3) only qualified court interpreters can ensure that 
     persons with limited English proficiency comprehend judicial 
     proceedings in which they are a party;
       (4) the knowledge and skills required of a qualified court 
     interpreter differ substantially from those required in other 
     interpretation settings, such as social service, medical, 
     diplomatic, and conference interpreting;
       (5) the Federal Government has demonstrated its commitment 
     to equal administration of justice regardless of English 
     proficiency;
       (6) regulations implementing title VI of the Civil Rights 
     Act of 1964, as well as the guidance issued by the Department 
     of Justice pursuant to Executive Order 13166, issued August 
     11, 2000, clarify that all recipients of Federal financial 
     assistance, including State courts, are required to take 
     reasonable steps to provide meaningful access to their 
     proceedings for persons with limited English proficiency;
       (7) 34 States have developed, or are developing, court 
     interpreting programs;
       (8) robust, effective court interpreter programs--
       (A) actively recruit skilled individuals to be court 
     interpreters;
       (B) train those individuals in the interpretation of court 
     proceedings;
       (C) develop and use a thorough, systematic certification 
     process for court interpreters; and
       (D) have sufficient funding to ensure that a qualified 
     interpreter will be available to the court whenever 
     necessary; and
       (9) Federal funding is necessary to--
       (A) encourage State courts that do not have court 
     interpreter programs to develop them;
       (B) assist State courts with nascent court interpreter 
     programs to implement them;
       (C) assist State courts with limited court interpreter 
     programs to enhance them; and
       (D) assist State courts with robust court interpreter 
     programs to make further improvements and share successful 
     programs with other States.

     SEC. __3. STATE COURT INTERPRETER PROGRAM.

       (a) Grants Authorized.--
       (1) In general.--The Administrator of the Office of Justice 
     Programs of the Department of Justice (referred to in this 
     section as the ``Administrator'') shall make grants, in 
     accordance with such regulations as the Attorney General may 
     prescribe, to State courts to develop and implement programs 
     to assist individuals with limited English proficiency to 
     access and understand State court proceedings in which they 
     are a party.
       (2) Technical assistance.--The Administrator shall 
     allocate, for each fiscal year, $500,000 of the amount 
     appropriated pursuant to section 4 to be used to establish a 
     court interpreter technical assistance program to assist 
     State courts receiving grants under this title.
       (b) Use of Grants.--Grants awarded under subsection (a) may 
     be used by State courts to--
       (1) assess regional language demands;
       (2) develop a court interpreter program for the State 
     courts;
       (3) develop, institute, and administer language 
     certification examinations;
       (4) recruit, train, and certify qualified court 
     interpreters;
       (5) pay for salaries, transportation, and technology 
     necessary to implement the court interpreter program 
     developed under paragraph (2); and
       (6) engage in other related activities, as prescribed by 
     the Attorney General.
       (c) Application.--
       (1) In general.--The highest State court of each State 
     desiring a grant under this section shall submit an 
     application to the Administrator at such time, in such 
     manner, and accompanied by such information as the 
     Administrator may reasonably require.
       (2) State courts.--The highest State court of each State 
     submitting an application under paragraph (1) shall include 
     in the application--
       (A) an identification of each State court in that State 
     which would receive funds from the grant;
       (B) the amount of funds each State court identified under 
     subparagraph (A) would receive from the grant; and
       (C) the procedures the highest State court would use to 
     directly distribute grant funds to State courts identified 
     under subparagraph (A).
       (d) State Court Allotments.--
       (1) Base allotment.--From amounts appropriated for each 
     fiscal year pursuant to section __4, the Administrator shall 
     allocate $100,000 to each of the highest State court of each 
     State, which has an application approved under subsection 
     (c).
       (2) Discretionary allotment.--From amounts appropriated for 
     each fiscal year pursuant to section __4, the Administrator 
     shall allocate a total of $5,000,000 to the highest State 
     court of States that have extraordinary needs that must be 
     addressed in order to develop, implement, or expand a State 
     court interpreter program.
       (3) Additional allotment.--In addition to the allocations 
     made under paragraphs (1) and (2), the Administrator shall 
     allocate to each of the highest State court of each State, 
     which has an application approved under subsection (c), an 
     amount equal to the product reached by multiplying--
       (A) the unallocated balance of the amount appropriated for 
     each fiscal year pursuant to section __4; and
       (B) the ratio between the number of people over 5 years of 
     age who speak a language other than English at home in the 
     State and the number of people over 5 years of age who speak 
     a language other than English at home in all the States that 
     receive an allocation under paragraph (1), as those numbers 
     are determined by the Bureau of the Census.

     SEC. __4. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $15,000,000 for 
     each of the fiscal years 2007 through 2010 to carry out this 
     title.
                                 ______
                                 
  SA 3253. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

[[Page 4748]]



                  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 ratified by the United 
     States, including the Universal Declaration of Human Rights, 
     as well as the 1951 Convention relating to the Status of 
     Refugees 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 seven ports of 
     entry, and surveyed 19 detention facilities and all eight 
     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 of 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 we 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 
     releasing 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 
     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 the Department of Homeland 
     Security detains the vast majority of noncriminal asylum 
     seekers, as well as other noncriminal aliens, 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 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 one hour per day in a small outdoor space surrounded by 
     high concrete walls.
       (14) 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.
       (15) 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.

[[Page 4749]]

       (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 of the Immigration and 
     Nationality Act (8 U.S.C. 1158) or any alien who indicates an 
     intention to apply for asylum under that section and does not 
     include any person with respect to whom a final adjudication 
     denying asylum has been entered.
       (3) Credible 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)).
       (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.
       (c) Recordings.--
       (1) In general.--The recording of the interview shall 
     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), by inserting 
     ``the Secretary of Homeland Security or'' before ``the 
     Attorney General''; and
       (B) in paragraph (2)--
       (i) by striking ``or'' at the end of subparagraph (A);
       (ii) by striking ``but'' at the end of subparagraph (B); 
     and
       (iii) 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 (f), respectively;
       (3) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Decisions to Detain.--
       ``(1) In general.--In the case of a decision to detain 
     under subsection (a), the following shall apply:
       ``(A) The decision to detain or release 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 detention.
       ``(B) An initial decision as to whether to detain or 
     release shall be served upon the alien within 72 hours of the 
     alien's detention or, in the case of aliens subject to 
     section 235(b)(1)(B)(iii)(IV), within 72 hours of the 
     credible fear determination.
       ``(C) All decisions to detain shall be subject to 
     redetermination by an Immigration Judge within 2 weeks from 
     the time the alien was served with the decision under 
     subparagraph (B). The alien may request further 
     redetermination upon the availability of new evidence.
       ``(D) The criteria to be considered by the Secretary and 
     the Attorney General in making the release or parole 
     decisions shall include--
       ``(i) the alien does not pose a risk to public safety or 
     national security;
       ``(ii) the alien has established his identity; and
       ``(iii) the alien has established a likelihood to appear 
     for immigration proceedings.
       ``(2) Applications of subsections (a) and (b).--This 
     subsection and subsection(a) shall apply to all aliens in the 
     custody of the Department of Homeland Security who are not 
     subject to mandatory detention under section 
     235(b)(1)(B)(iii)(IV), 236(c), or 236A and who do not have a 
     final order of removal.'';
       (4) by amending subsection (c), as redesignated, to read as 
     follows:
       ``(c) Revocation of Bond or Parole.--The Secretary may, at 
     any time, revoke a bond, parole, or decision to release an 
     alien made under subsection (b), rearrest the alien under the 
     original warrant, and detain the alien.'';
       (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''; and
       (7) in subsection (f), as redesignated, by striking ``The 
     Attorney General's discretionary judgment'' and inserting 
     ``The decisions of the Secretary or the Attorney General''.

     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

[[Page 4750]]

     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 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 that 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 for 
     all detained asylum seekers.
       (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 
     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 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 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)(1)(D), 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

[[Page 4751]]

       (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 3254. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike section 231.
                                 ______
                                 
  SA 3255. Mr. LIEBERMAN submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       On page 122, between lines 7 and 8, insert the following:
       ``(b) Certain Actions Not Treated as Violations.--A person 
     who, before being apprehended or placed in a removal 
     proceeding, applies for asylum under section 208 of the 
     Immigration and Nationality Act, withholding of removal under 
     section 241(b)(3) of such Act, or relief under the Convention 
     Against Torture and Other Cruel, Inhuman or Degrading 
     Treatment or Punishment under title 8, Code of Federal 
     Regulations, or classification or status under section 
     101(a)(15(T), 101(a)(15)(U), 101(a)(27)(J), 101(a)(51), 
     216(c)(4)(C), 240A(b)(2), or 244(a)(3) (as in effect prior to 
     March 31, 1997) of such Act, shall not be prosecuted for 
     violating section 1542, 1544, 1546 or 1548, before the 
     application is adjudicated in accordance with the Immigration 
     and Nationality Act. A person who is granted asylum under 
     section 208 of the Immigration and Nationality Act, 
     withholding of removal under section 241(b)(3) of such Act, 
     or relief under the Convention Against Torture and Other 
     Cruel, Inhuman or Degrading Treatment or Punishment under 
     title 8, Code of Federal Regulations, or classification or 
     status under section 101(a)(15(T), 101(a)(15)(U), 
     101(a)(27(J), 101(a)(51), 216(c)(4)(C), 240A(b)(2), or 
     244(a)(3) (as in effect prior to March 31, 1997) of such Act, 
     shall not be considered to have violated section 1542, 1544, 
     1546 or 1548.

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