[Congressional Record (Bound Edition), Volume 152 (2006), Part 6]
[Senate]
[Pages 8173-8182]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3960. Mr. FEINGOLD submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

                TITLE VIII--WARTIME TREATMENT STUDY ACT

     SEC. 801. SHORT TITLE.

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

     SEC. 802. 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,

[[Page 8174]]

     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. 803. 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. 811. 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. 812. 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 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 811(e).

     SEC. 813. 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. 814. 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

[[Page 8175]]

       (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. 815. FUNDING.

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

     SEC. 816. 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. 821. 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. 822. 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 821(e).

     SEC. 823. 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. 824. ADMINISTRATIVE PROVISIONS.

       The Jewish Refugee 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. 825. FUNDING.

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

     SEC. 826. SUNSET.

       The Jewish Refugee Commission shall terminate 60 days after 
     it submits its report to Congress.
                                 ______
                                 
  SA 3961. Mr. CORNYN (for Mr. Isakson) proposed an amendment to the 
bill S. 2611, to provide for comprehensive immigration reform and for 
other purposes; as follows:

       On page 53, between lines 14 and 15, insert the following:

     SEC. 133. BORDER SECURITY CERTIFICATION.

       The Secretary may not implement any program authorized by 
     this Act, or by amendments made under this Act, which grants 
     legal status to any individual, or adjusts the current status 
     of any individual, who enters or entered the United States in 
     violation of Federal law unless the Secretary has submitted a 
     written certification to the President and Congress that the 
     border security measures authorized under Title I and the 
     increases in Federal detention space authorized under section 
     233 have been fully completed and are fully operational.
                                 ______
                                 
  SA 3962. Mr. CORNYN (for Mr. Kyl (for himself and Mr. Cornyn)) 
submitted an amendment intended to be proposed by Mr. Cornyn to the 
bill S. 2611, to provide for comprehensive immigration reform and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 358, line 3, insert ``(other than subparagraph 
     (C)(i)(II))'' after ``(9)''.
       On page 359, strike lines 9 through 12, and insert the 
     following:
       ``(6) Ineligibility.--
       ``(A) In general.--An alien is ineligible for adjustment to 
     lawful permanent resident status under this section if--
       ``(i) the alien has been ordered removed from the United 
     States--

       ``(I) for overstaying the period of authorized admission 
     under section 217;
       ``(II) under section 235 or 238; or
       ``(III) pursuant to a final order of removal under section 
     240;

[[Page 8176]]

       ``(ii) the alien failed to depart the United States during 
     the period of a voluntary departure order issued under 
     section 240B;
       ``(iii) the Secretary of Homeland Security determines 
     that--

       ``(I) the alien, having been convicted by a final judgment 
     of a serious crime, constitutes a danger to the community of 
     the United States;
       ``(II) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(III) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States; or

       ``(iv) the alien has been convicted of a felony or 3 or 
     more misdemeanors.
       ``(B) Exception.--Notwithstanding subparagraph (A), an 
     alien who has not been ordered removed from the United States 
     shall remain eligible for adjustment to lawful permanent 
     resident status under this section if the alien's 
     ineligibility under subparagraph (A) is solely related to the 
     alien's--
       ``(i) entry into the United States without inspection;
       ``(ii) remaining in the United States beyond the period of 
     authorized admission; or
       ``(iii) failure to maintain legal status while in the 
     United States.
       ``(C) Waiver.--The Secretary may, in the Secretary's sole 
     and unreviewable discretion, waive the application of 
     subparagraph (A) if the alien--
       ``(i) demonstrates that the alien did not receive notice of 
     removal proceedings in accordance with paragraph (1) or (2) 
     of section 239(a); or
       ``(ii) establishes that the alien's failure to appear was 
     due to exceptional circumstances beyond the control of the 
     alien, such as serious illness of the alien or serious 
     illness or death of the spouse, child, or parent of the 
     alien.
       On page 376, strike lines 13 through 20 and insert the 
     following:
       ``(4) Ineligibility.--
       ``(A) In general.--The alien is ineligible for Deferred 
     Mandatory Departure status if the alien--
       ``(i) has been ordered removed from the United States--

       ``(I) for overstaying the period of authorized admission 
     under section 217;
       ``(II) under section 235 or 238; or
       ``(III) pursuant to a final order of removal under section 
     240;

       ``(ii) the alien failed to depart the United States during 
     the period of a voluntary departure order issued under 
     section 240B;
       ``(iii) the Secretary of Homeland Security determines 
     that--

       ``(I) the alien, having been convicted by a final judgment 
     of a serious crime, constitutes a danger to the community of 
     the United States;
       ``(II) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(III) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States; or

       ``(iv) the alien has been convicted of a felony or 3 or 
     more misdemeanors.
       ``(B) Exception.--Notwithstanding subparagraph (A), an 
     alien who has not been ordered removed from the United States 
     shall remain eligible for adjustment to lawful permanent 
     resident status under this section if the alien's 
     ineligibility under subparagraph (A) is solely related to the 
     alien's--
       ``(i) entry into the United States without inspection;
       ``(ii) remaining in the United States beyond the period of 
     authorized admission; or
       ``(iii) failure to maintain legal status while in the 
     United States.
       ``(C) Waiver.--The Secretary may, in the Secretary's sole 
     and unreviewable discretion, waive the application of 
     subparagraph (A) if the alien--
       ``(i) demonstrates that the alien did not receive notice of 
     removal proceedings in accordance with paragraph (1) or (2) 
     of section 239(a); or
       ``(ii) establishes that the alien's failure to appear was 
     due to exceptional circumstances beyond the control of the 
     alien, such as serious illness of the alien or serious 
     illness or death of the spouse, child, or parent of the 
     alien.
                                 ______
                                 
  SA 3963. Mr. VITTER (for himself, Mr. Chambliss, Mr. Grassley, and 
Mr. Santorum) submitted an amendment intended to be proposed by him to 
the bill S. 2611, to provide for comprehensive immigration reform and 
for other purposes; which was ordered to lie on the table; as follows:

       Strike sections 601 through 614.
                                 ______
                                 
  SA 3964. Mr. VITTER (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

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

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

       ``(aa) bank records;
       ``(bb) business records;
       ``(cc) sworn affidavits from non-relatives who have direct 
     knowledge of the alien's work, including the name, address, 
     and phone number of the affiant, the nature and duration of 
     the relationship between the affiant and the alien, and other 
     verification information; or
       ``(dd) remittance records.
       ``(v) Burden of proof.--An alien applying for adjustment of 
     status under this subsection has the burden of proving by a 
     preponderance of the evidence that the alien has satisfied 
     the employment requirements in clause (i).
       On page 374, line 22, insert after ``work'' the following: 
     ``, including the name, address, and phone number of the 
     affiant, the nature and duration of the relationship between 
     the affiant and the alien, and other verification 
     information''
                                 ______
                                 
  SA 3965. Mr. CORNYN (for himself and Mr. Kyl) submitted an amendment 
intended to be proposed by him to the bill S. 2611, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 295, strike lines 14 through 16 and insert the 
     following:
       ``(B) by the alien, if--
       ``(i) the alien has maintained such nonimmigrant status in 
     the United States for a continuous period of not less than 4 
     years;
       ``(ii) an employer attests that the employer will employ 
     the alien in the offered job position; and
       ``(iii) the Secretary of Labor determines and certifies 
     that there are not sufficient United States workers who are 
     able, willing, qualified, and available to fill the job 
     position.
                                 ______
                                 
  SA 3966. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. NULLIFICATION OF EXECUTIVE ORDER AND PROHIBITION OF 
                   FUNDS.

       (a) Nullification of Effect of Executive Order.--Executive 
     Order 13166, issued August 16, 2000 (65 Fed. Reg. 50121) 
     (relating to improving access to services for persons with 
     limited English proficiency), is null and void and shall have 
     no force or effect.
       (b) Prohibition Against Use of Funds for Certain 
     Purposes.--No funds appropriated pursuant to any provision of 
     law may be used to promulgate or enforce any executive order 
     that creates an entitlement to services provided in any 
     language other than English.
                                 ______
                                 
  SA 3967. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike sections 642 and 643.
                                 ______
                                 
  SA 3968. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. COMPREHENSIVE METHAMPHETAMINE PLAN.

       (a) In General.--Not later than 90 days after the date of 
     enactment of this Act, the President, in coordination with 
     the Secretary of State, the Attorney General, and the 
     Secretary of Homeland Security, shall submit to the Chairman 
     of Committee on the Judiciary of the Senate and the Chairman 
     of the Committee on the Judiciary of the House of 
     Representatives a formal plan that outlines the diplomatic, 
     law enforcement, and other procedures that the Federal 
     Government should implement to reduce the amount of 
     Methamphetamine being trafficked into the United States.
       (b) Contents of Plan.--The plan under subsection (a) shall, 
     at a minimum, include--
       (1) a specific timeline for engaging elected and diplomatic 
     officials in a bilateral process focused on developing a 
     framework to reduce the inflow of Methamphetamine into the 
     United States;
       (2) a specific plan to engage the 5 countries who export 
     the most psuedoephedrine, ephedrine, phenylpropanolamine, and 
     other such Methamphetamine precursor chemicals during 
     calendar year preceding the year in which the plan is 
     prepared; and

[[Page 8177]]

       (3) a specific plan to outline what, if any, additional 
     funding is needed to secure the border, ports of entry, or 
     any other Methamphetamine trafficking windows that are 
     currently being exploited by Methamphetamine traffickers.
       (c) GAO Report.--Not later than 100 days after the date of 
     enactment of this Act, the Government Accountability Office 
     shall prepare and submit to the committees of Congress 
     referred to in subsection (a), a report to determine whether 
     the President is in compliance with this section.
                                 ______
                                 
  SA 3969. Mr. KYL (for himself and Mr. Cornyn) submitted an amendment 
intended to be proposed by him to the bill S. 2611, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       Beginning on page 295, strike line 8 and all that follows 
     through page 297, line 2, and insert the following:
       ``(n) Notwithstanding any other provision of this Act, an 
     alien having nonimmigrant status described in section 
     101(a)(15)(H)(ii)(c) is ineligible for and may not apply for 
     adjustment of status under this section on the basis of such 
     status.''.
                                 ______
                                 
  SA 3970. Mr. KYL (for himself and Mr. Cornyn) submitted an amendment 
intended to be proposed by him to the bill S. 2611, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 358, line 3, insert ``(other than subparagraph 
     (C)(i)(II))'' after ``(9)''.
       On page 359, strike lines 9 through 12, and insert the 
     following:
       ``(6) Ineligibility.--
       ``(A) In general.--An alien is ineligible for adjustment to 
     lawful permanent resident status under this section if--
       ``(i) the alien has been ordered removed from the United 
     States--

       ``(I) for overstaying the period of authorized admission 
     under section 217;
       ``(II) under section 235 or 238; or
       ``(III) pursuant to a final order of removal under section 
     240;

       ``(ii) the alien failed to depart the United States during 
     the period of a voluntary departure order issued under 
     section 240B;
       ``(iii) the Secretary of Homeland Security determines 
     that--

       ``(I) the alien, having been convicted by a final judgment 
     of a serious crime, constitutes a danger to the community of 
     the United States;
       ``(II) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(III) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States; or

       ``(iv) the alien has been convicted of a felony or 3 or 
     more misdemeanors.
       ``(B) Exception.--Notwithstanding subparagraph (A), an 
     alien who has not been ordered removed from the United States 
     shall remain eligible for adjustment to lawful permanent 
     resident status under this section if the alien's 
     ineligibility under subparagraph (A) is solely related to the 
     alien's--
       ``(i) entry into the United States without inspection;
       ``(ii) remaining in the United States beyond the period of 
     authorized admission; or
       ``(iii) failure to maintain legal status while in the 
     United States.
       ``(C) Waiver.--The Secretary may, in the Secretary's sole 
     and unreviewable discretion, waive the application of 
     subparagraph (A) if the alien--
       ``(i) demonstrates that the alien did not receive notice of 
     removal proceedings in accordance with paragraph (1) or (2) 
     of section 239(a); or
       ``(ii) establishes that the alien's failure to appear was 
     due to exceptional circumstances beyond the control of the 
     alien, such as serious illness of the alien or serious 
     illness or death of the spouse, child, or parent of the 
     alien.
       On page 376, strike lines 13 through 20 and insert the 
     following:
       ``(4) Ineligibility.--
       ``(A) In general.--The alien is ineligible for Deferred 
     Mandatory Departure status if the alien--
       ``(i) has been ordered removed from the United States--

       ``(I) for overstaying the period of authorized admission 
     under section 217;
       ``(II) under section 235 or 238; or
       ``(III) pursuant to a final order of removal under section 
     240;

       ``(ii) the alien failed to depart the United States during 
     the period of a voluntary departure order issued under 
     section 240B;
       ``(iii) the Secretary of Homeland Security determines 
     that--

       ``(I) the alien, having been convicted by a final judgment 
     of a serious crime, constitutes a danger to the community of 
     the United States;
       ``(II) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(III) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States; or

       ``(iv) the alien has been convicted of a felony or 3 or 
     more misdemeanors.
       ``(B) Exception.--Notwithstanding subparagraph (A), an 
     alien who has not been ordered removed from the United States 
     shall remain eligible for adjustment to lawful permanent 
     resident status under this section if the alien's 
     ineligibility under subparagraph (A) is solely related to the 
     alien's--
       ``(i) entry into the United States without inspection;
       ``(ii) remaining in the United States beyond the period of 
     authorized admission; or
       ``(iii) failure to maintain legal status while in the 
     United States.
       ``(C) Waiver.--The Secretary may, in the Secretary's sole 
     and unreviewable discretion, waive the application of 
     subparagraph (A) if the alien--
       ``(i) demonstrates that the alien did not receive notice of 
     removal proceedings in accordance with paragraph (1) or (2) 
     of section 239(a); or
       ``(ii) establishes that the alien's failure to appear was 
     due to exceptional circumstances beyond the control of the 
     alien, such as serious illness of the alien or serious 
     illness or death of the spouse, child, or parent of the 
     alien.
                                 ______
                                 
  SA 3971. Mr. OBAMA (for himself, Mrs. Feinstein, and Mr. Bingaman) 
submitted an amendment intended to be proposed by him to the bill S. 
2611, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 266, strike line 13 and all that follows 
     through 267, line 3, and insert the following:
       ``(C) Prevailing wage level.--For purposes of subparagraph 
     (A)(ii), the prevailing wage level shall be determined in 
     accordance as follows:
       ``(i) If the job opportunity is covered by a collective 
     bargaining agreement between a union and the employer, the 
     prevailing wage shall be the wage rate set forth in the 
     collective bargaining agreement.
       ``(ii) If the job opportunity is not covered by such an 
     agreement and it is in an occupation that is covered by a 
     wage determination under a provision of subchapter IV of 
     chapter 31 of title 40, United States Code, or the Service 
     Contract Act of 1965 (41 U.S.C. 351 et seq.), the prevailing 
     wage level shall be the appropriate statutory wage.
       ``(iii)(I) If the job opportunity is not covered by such an 
     agreement and it is in an occupation that is not covered by a 
     wage determination under a provision of subchapter IV of 
     chapter 31 of title 40, United States Code, or the Service 
     Contract Act of 1965 (41 U.S.C. 351 et seq.), the prevailing 
     wage level shall be based on published wage data for the 
     occupation from the Bureau of Labor Statistics, including the 
     Occupational Employment Statistics survey, Current Employment 
     Statistics data, National Compensation Survey, and 
     Occupational Employment Projections program. If the Bureau of 
     Labor Statistics does not have wage data applicable to such 
     occupation, the employer may base the prevailing wage level 
     on another wage survey approved by the Secretary of Labor.
       ``(II) The Secretary shall promulgate regulations 
     applicable to approval of such other wage surveys that 
     require, among other things, that the Bureau of Labor 
     Statistics determine such surveys are statistically viable.
       On page 273, line 7, strike ``unskilled and low-skilled 
     workers'' and insert ``workers who have not completed any 
     education beyond a high school diploma''.
       On page 273, line 9, strike ``11.0'' and insert ``9.0''.
                                 ______
                                 
  SA 3972. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 307, strike line 1 and all that follows through 
     page 313, line 22.
                                 ______
                                 
  SA 3973. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 336, line 4, insert ``and'' after the semicolon at 
     the end.
       On page 336, strike line 5 and all that follows through 
     ``(4)'' on line 7, and insert ``(3)''.
       On page 336, line 13, strike ``degree.'.'' and insert 
     ``degree; and''.
       On page 336, between lines 13 and 14, insert the following:
       ``(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 temporarily visiting the United States for a period not to 
     exceed 30 days.''.

[[Page 8178]]


                                 ______
                                 
  SA 3974. Mr. LEAHY submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. INADMISSIBILITY EXCEPTION FOR ALIENS WHO 
                   INVOLUNTARILY PROVIDE MATERIAL SUPPORT TO 
                   TERRORIST ORGANIZATIONS.

       Section 212(a)(3)(B) (8 U.S.C. 1182(a)(3)(B)) is amended--
       (1) in clause (vi)(III), by striking ``not, which'' and 
     inserting ``not, that the Secretary of the State, in 
     consultation with or upon the request of the Attorney General 
     or the Secretary of Homeland Security, has certified''; and
       (2) by adding at the end the following:
       ``(vii) Exception for involuntary material support.--An 
     individual shall not be considered to have provided material 
     support for a terrorist organization or activity under clause 
     (iv)(VI) if the individual establishes, to the satisfaction 
     of the Secretary of State, the Attorney General, or the 
     Secretary of Homeland Security, that such support was 
     involuntary or provided to protect the alien or another 
     person from the use of, or the threat of, unlawful force that 
     a reasonable person in the alien's situation would not have 
     resisted.''.
                                 ______
                                 
  SA 3975. Mr. GRAHAM submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 8, between lines 20 and 21, insert the following:
       (3) Recruitment of former military personnel.--
       (A) In general.--The Commissioner of United States Customs 
     and Border Protection, in conjunction with the Secretary of 
     Defense or a designee of the Secretary of Defense, shall 
     establish a program to actively recruit members of the Army, 
     Navy, Air Force, Marine Corps, and Coast Guard who have 
     elected to separate from active duty.
       (B) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Commissioner shall submit a report 
     on the implementation of the recruitment program established 
     pursuant to subparagraph (A) to the Committee on the 
     Judiciary of the Senate and the Committee on the Judiciary of 
     the House of Representatives.
                                 ______
                                 
  SA 3976. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 31, between lines 6 and 7, insert the following:

     SEC. 115. STUDY AND REPORT ON THE USE OF TECHNOLOGY TO 
                   PREVENT UNLAWFUL IMMIGRATION.

       (a) Study.--The Secretary of Homeland Security 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.
       (b) Report.--Not later than 6 months after the date of 
     enactment of this Act, the Secretary of Homeland Security 
     shall submit to Congress a report, which shall include--
       (1) the results of the study carried out under subsection 
     (a); and
       (2) the recommendations of the Secretary related to the 
     efficacy of the technologies studied.
                                 ______
                                 
  SA 3977. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. CRIMINAL PENALTIES FOR FORGERY OF FEDERAL DOCUMENTS.

       (a) 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.''.
       (b) Clerical Amendment.--The table of contents 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 3978. Mr. INHOFE submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title I, insert the following:

         Subtitle F--National Border Neighborhood Watch Program

     SEC. 161. NATIONAL BORDER NEIGHBORHOOD WATCH PROGRAM.

       The Commissioner of the Bureau of United States Customs and 
     Border Protection (in this subtitle referred to as the 
     ``Commission'') shall establish a National Border 
     Neighborhood Watch Program (in this subtitle referred to as 
     the ``NBNW Program'') to permit retired law enforcement 
     officers and civilian volunteers to combat illegal 
     immigration into the United States.

     SEC. 162. BRAVE FORCE.

       (a) Establishment.--There is established in the United 
     States Bureau of Customs and Border Protection (in this 
     subtitle referred to as ``CBP'') a Border Regiment Assisting 
     in Valuable Enforcement Force (referred to in this subtitle 
     as ``BRAVE Force''), which shall consist of retired law 
     enforcement officers, to carry out the NBNW Program.
       (b) Retired Law Enforcement Officers.--In this section, the 
     term ``retired law enforcement officer'' means an individual 
     who--
       (1) has retired from employment as a Federal, State, or 
     local law enforcement officer; and
       (2) has not reached the Social Security retirement age (as 
     defined in section 216(l) of the Social Security Act (42 
     U.S.C. 416(l)).
       (c) Effect on Personnel Caps.--Employees of BRAVE Force 
     hired to carry out the NBNW Program shall be considered as 
     additional agents and shall not count against the CBP 
     personnel limits.
       (d) Retired Annuitants.--An employee of BRAVE Force who has 
     worked for the Federal Government shall be considered a 
     rehired annuitant and shall have no reduction in annuity as a 
     result of salary payment for such employees' service in the 
     NBNW Program.

     SEC. 163. CIVILIAN VOLUNTEERS.

       (a) In General.--The CBP shall provide the opportunity for 
     civilian volunteers to assist in carrying out the purposes of 
     the NBNW Program.
       (b) Organization.--Not less than 3 civilian volunteers in 
     the NBNW Program may report to each employee of BRAVE Force.
       (c) Reporting.--A civilian volunteer shall report a 
     violation of Federal immigration law to the appropriate 
     employee of BRAVE Force as soon as possible after observing 
     such violation.
       (d) Reimbursement.--A civilian volunteer participating in 
     the NBNW Program shall be eligible for reimbursement by the 
     CBP for expenses related to carrying out the duties of the 
     NBNW Program.

     SEC. 164. LIABILITY OF BRAVE FORCE EMPLOYEES AND CIVILIAN 
                   VOLUNTEERS.

       (a) Civilians.--A civilian volunteer participating in the 
     NBNW Program shall not be entitled to any immunity from 
     personal liability by virtue of the volunteer's participation 
     in the NBNW Program.
       (b) Employees.--An employee of the BRAVE Force shall not be 
     liable for the actions of a civilian volunteer participating 
     in the NBNW Program.

     SEC. 165. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this subtitle.
                                 ______
                                 
  SA 3979. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 106, and insert the following:

     SEC. 106. CONSTRUCTION OF STRATEGIC BORDER FENCING AND 
                   VEHICLE BARRIERS.

       (a) Tucson Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Tucson Sector

[[Page 8179]]

     located proximate to population centers in Douglas, Nogales, 
     Naco, and Lukeville, Arizona with double- or triple-layered 
     fencing running parallel to the international border between 
     the United States and Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas, except 
     that the double- or triple-layered fence shall extend west of 
     Naco, Arizona, for a distance of 10 miles; and
       (3) construct not less than 150 miles of vehicle barriers 
     and all-weather roads in the Tucson Sector running parallel 
     to the international border between the United States and 
     Mexico in areas that are known transit points for illegal 
     cross-border traffic.
       (b) Yuma Sector.--The Secretary shall--
       (1) replace all aged, deteriorating, or damaged primary 
     fencing in the Yuma Sector located proximate to population 
     centers in Yuma, Somerton, and San Luis, Arizona with double- 
     or triple-layered fencing running parallel to the 
     international border between the United States and Mexico;
       (2) extend the double- or triple-layered fencing for a 
     distance of not less than 2 miles beyond urban areas in the 
     Yuma Sector; and
       (3) construct not less than 50 miles of vehicle barriers 
     and all-weather roads in the Yuma Sector running parallel to 
     the international border between the United States and Mexico 
     in areas that are known transit points for illegal cross-
     border traffic.
       (c) Other High Trafficked Areas.--The Secretary shall 
     construct not less than 370 miles of triple-layered fencing 
     which may include portions already constructed in San Diego, 
     Tucson and Yuma Sectors and 500 miles of vehicle barriers in 
     other areas along the southwest border that the Secretary 
     determines are areas that are most often used by smugglers 
     and illegal aliens attempting to gain illegal entry into the 
     United States.
       (d) Construction Deadline.--The Secretary shall immediately 
     commence construction of the fencing, barriers, and roads 
     described in subsections (a), (b), and (c) and shall complete 
     such construction not later than 2 years after the date of 
     the enactment of this Act.
       (e) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Secretary shall submit a report to 
     the Committee on the Judiciary of the Senate and the 
     Committee on the Judiciary of the House of Representatives 
     that describes the progress that has been made in 
     constructing the fencing, barriers, and roads described in 
     subsections (a), (b), and (c).
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 3980. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was other purposes; which was 
ordered to lie on the table; as follows:

       On page 614, after line 5, add the following:

     SEC. 766. PREVENTION OF CONGRESSIONAL REAPPORTIONMENT 
                   DISTORTIONS.

       (a) Short Title.--This section may be cited as the ``Fair 
     and Accurate Representation Act of 2006''.
       (b) Findings.--Congress finds that--
       (1) during the years immediately preceding the date of the 
     enactment of this Act, millions of aliens have entered the 
     United States in violation of Federal immigration law and are 
     unlawfully present in the United States and subject to 
     deportation;
       (2) the established policy of the Bureau of the Census is 
     to make a concerted effort to count the foreign born 
     population within the United States without making a separate 
     computation for illegal aliens; and
       (3) including the millions of illegal aliens in the 
     reapportionment base for the House of Representatives will 
     result in the loss of congressional representation by many 
     States, in violation of the constitutional principle of ``one 
     man, one vote''.
       (c) Adjustments to Prevent Distortions.--Section 141 of 
     title 13, United States Code, is amended--
       (1) by redesignating subsection (g) as subsection (h); and
       (2) by inserting after subsection (f) the following:
       ``(g) The Secretary shall make such adjustments in total 
     population figures as may be necessary, using such methods 
     and procedures as the Secretary determines feasible and 
     appropriate, to ensure that aliens who are in the United 
     States in violation of the immigration laws of the United 
     States are not counted in tabulating population under 
     subsection (b) for the purposes of apportionment of 
     Representatives in Congress among the several States. Nothing 
     in this subsection shall be construed to supersede section 
     195 of this title.''.
       (d) Conforming Amendment.--Section 22(a) of the Act 
     entitled ``An Act To provide for the fifteenth and subsequent 
     decennial censuses and to provide for apportionment of 
     Representatives in Congress'', of June 18, 1929 (2 U.S.C. 
     2a(a)), is amended by striking ``as ascertained under the 
     seventeenth and each subsequent decennial census of the 
     population'' and inserting ``as ascertained and reported 
     under section 141 of title 13, United States Code, for each 
     decennial census of population''.
                                 ______
                                 
  SA 3981. Mr. BINGAMAN (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 292, strike line 18 and all that follows 
     through page 295, line 4, and insert the following:
       (g) Numerical Limitations.--Section 214(g)(1) (8 U.S.C. 
     1184(g)(1)) is amended--
       (1) in subparagraph (B), by striking the period at the end 
     and inserting ``; and''; and
       (2) by adding at the end the following:
       ``(C) under section 101(a)(15)(H)(ii)(c) may not exceed 
     200,000.''.
                                 ______
                                 
  SA 3982. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 53, between lines 14 and 15, insert the following:

     SEC. 133. TEMPORARY ADMITTANCE OF MEXICAN NATIONALS WITH 
                   BORDER CROSSING CARDS.

       The Secretary shall permit a national of Mexico, who enters 
     the United States with a valid Border Crossing Card (as 
     described in section 212.1(c)(1)(i) of title 8, Code of 
     Federal Regulations, as in effect on the date of the 
     enactment of this Act), and who is admitted to the United 
     States at the Columbus, Santa Teresa, or Antelope Wells port 
     of entry in New Mexico, to remain in New Mexico (within 75 
     miles of the international border between the United States 
     and Mexico) for a period not to exceed 30 days.
                                 ______
                                 
  SA 3983. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 15, between lines 5 and 6, insert the following:

     SEC. 107. SOUTHWEST BORDER SECURITY TASK FORCE.

       (a) Short Title.--This section may be cited as the 
     ``Southwest Border Security Task Force Act of 2006''.
       (b) Southwest Border Security Task Force Program.--
       (1) Establishment.--The Secretary shall establish a 
     Southwest Border Security Task Force Program to--
       (A) facilitate local participation in providing 
     recommendations regarding steps to enhance border security; 
     and
       (B) provide financial and other assistance in implementing 
     such recommendations.
       (2) Number.--In carrying out the program established under 
     paragraph (1), the Secretary shall establish at least 1 
     Border Security Task Force (referred to in this section as a 
     ``Task Force'') in each State that is adjacent to the 
     international border between the United States and Mexico.
       (3) Membership.--Each Task Force shall include 
     representatives from--
       (A) relevant Federal agencies;
       (B) State and local law enforcement agencies;
       (C) State and local government;
       (D) community organizations;
       (E) Indian tribes; and
       (F) other interested parties.
       (4) Chairman.--Each Task Force shall select a Chairman from 
     among its members.
       (5) Recommendations.--Not later than 9 months after the 
     date of the enactment of this Act, and annually thereafter, 
     each Task Force shall submit a report to the Secretary 
     containing--
       (A) specific recommendations to enhance border security 
     along the international border between the State in which 
     such Task Force is located and Mexico; and
       (B) a request for financial and other resources necessary 
     to implement the recommendations during the subsequent fiscal 
     year.
       (c) Border Security Grants.--
       (1) Grants authorized.--The Secretary shall award a grant 
     to each Task Force submitting a request under subsection 
     (b)(5)(B) to the extent that--
       (A) sufficient funds are available; and
       (B) the request is consistent with the Nation's 
     comprehensive border security strategy.
       (2) Minimum amount.--Not less than 1 Task Force in each of 
     the States adjacent to Mexico shall be eligible to receive a 
     grant under this subsection in an amount not less than 
     $500,000.
       (3) Report.--Not later than 90 days after the end of each 
     fiscal year for which Federal financial assistance or other 
     resources are received by a Task Force, the Task Force shall 
     submit a report to the Secretary describing the use of such 
     financial assistance or other resources by the Task Force and 
     by the organizations represented by the members of the Task 
     Force.

[[Page 8180]]

       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated $10,000,000 for each of fiscal years 2007 
     through 2011 to carry out this section.
                                 ______
                                 
  SA 3984. Mr. LEVIN (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 34, strike lines 3 through 17 and insert the 
     following:

     SEC. 122. SECURE COMMUNICATION.

       (a) In General.--The Secretary shall, as expeditiously as 
     practicable, develop and implement a plan to improve the use 
     of satellite communications and other technologies to ensure 
     clear and secure 2-way communication capabilities--
       (1) among all Border Patrol agents conducting operations 
     between ports of entry;
       (2) between Border Patrol agents and their respective 
     Border Patrol stations;
       (3) between Border Patrol agents and residents in remote 
     areas along the international land borders of the United 
     States; and
       (4) between all appropriate border security agencies of the 
     Department and State, local, and tribal law enforcement 
     agencies.
       (b) Communication System Grants.--
       (1) Definitions.--In this subsection--
       (A) the term ``demonstration project'' means the 
     demonstration project established under paragraph (2)(A); and
       (B) the term ``emergency response provider'' has the 
     meaning given that term in section 2(6) the Homeland Security 
     Act of 2002 (6 U.S.C. 101(6)).
       (2) In general.--
       (A) Establishment.--There is established in the Department 
     an International Border Community Interoperable 
     Communications Demonstration Project.
       (B) Minimum number of communities.--The Secretary shall 
     select not fewer than 6 communities to participate in the 
     demonstration project.
       (C) Location of communities.--Not fewer than 3 of the 
     communities selected under subparagraph (B) shall be located 
     on the northern border of the United States and not fewer 
     than 3 of the communities selected under subparagraph (B) 
     shall be located on the southern border of the United States.
       (3) Project requirements.--The demonstration project 
     shall--
       (A) address the interoperable communications needs of 
     border patrol agents and other Federal officials involved in 
     border security activities, police officers, National Guard 
     personnel, and emergency response providers;
       (B) foster interoperable communications--
       (i) among Federal, State, local, and tribal government 
     agencies in the United States involved in security and 
     response activities along the international land borders of 
     the United States; and
       (ii) with similar agencies in Canada and Mexico;
       (C) identify common international cross-border frequencies 
     for communications equipment, including radio or computer 
     messaging equipment;
       (D) foster the standardization of interoperable 
     communications equipment;
       (E) identify solutions that will facilitate communications 
     interoperability across national borders expeditiously;
       (F) ensure that border patrol agents and other Federal 
     officials involved in border security activities, police 
     officers, National Guard personnel, and emergency response 
     providers can communicate with each another and the public at 
     disaster sites or in the event of a terrorist attack or other 
     catastrophic event;
       (G) provide training and equipment to enable border patrol 
     agents and other Federal officials involved in border 
     security activities, police officers, National Guard 
     personnel, and emergency response providers to deal with 
     threats and contingencies in a variety of environments; and
       (H) identify and secure appropriate joint-use equipment to 
     ensure communications access.
       (4) Distribution of funds.--
       (A) In general.--The Secretary shall distribute funds under 
     this subsection to each community participating in the 
     demonstration project through the State, or States, in which 
     each community is located.
       (B) Other participants.--Not later than 60 days after 
     receiving funds under subparagraph (A), a State receiving 
     funds under this subsection shall make the funds available to 
     the local governments and emergency response providers 
     participating in the demonstration project, as selected by 
     the Secretary.
       (5) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary in each of 
     fiscal years 2006, 2007, and 2008, to carry out this 
     subsection.
       (6) Reporting.--Not later than December 31, 2006, and each 
     year thereafter in which funds are appropriated for the 
     demonstration project, the Secretary shall provide 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 on the demonstration 
     project.
                                 ______
                                 
  SA 3985. Mr. ENSIGN (for himself, Mr. Santorum, and Mr. Inhofe) 
submitted an amendment intended to be proposed by him to the bill S. 
2611, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       Insert in the appropriate place:

     SEC.  . PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO 
                   ENUMERATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by adding at the end, the 
     following new subsection:
       ``(d)(1) Except as provided in paragraph (2), no quarter of 
     coverage shall be credited for purposes of this section if, 
     with respect to any individual who is assigned a social 
     security account number on or after the date of enactment of 
     the Comprehensive Immigration Reform Act of 2006, such 
     quarter of coverage is earned prior to the year in which such 
     social security account number is assigned.
       ``(2) Paragraph (1) shall not apply with respect to any 
     quarter of coverage earned by an individual who, at such time 
     such quarter of coverage is earned, satisfies the criterion 
     specified in subsection (c)(2).''.
       (b) Benefit Computation.--Section 215(e) of such Act (42 
     U.S.C. 415(e)) is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (3) by adding at the end a new paragraph as follows:
       ``(3) in computing the average indexed monthly earnings of 
     an individual who is assigned a social security account 
     number on or after the date of enactment of the Comprehensive 
     Immigration Reform Act of 2006, there shall not be counted 
     any wages or self-employment income for which no quarter of 
     coverage may be credited to such individual as a result of 
     the application of section 214(d).''.
                                 ______
                                 
  SA 3986. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. OFFICE OF INTERNAL CORRUPTION INVESTIGATION.

       (a) Internal Corruption; Benefits Fraud.--Section 453 of 
     the Homeland Security Act of 2002 (6 U.S.C. 273) is amended--
       (1) by striking ``the Bureau of'' each place it appears and 
     inserting ``United States'';
       (2) in subsection (a)--
       (A) by striking paragraph (1) and inserting the following:
       ``(1) establishing the Office of Internal Corruption 
     Investigation, which shall--
       ``(A) receive, process, administer, and investigate 
     criminal and noncriminal allegations of misconduct, 
     corruption, and fraud involving any employee or contract 
     worker of United States Citizenship and Immigration Services 
     that are not subject to investigation by the Inspector 
     General for the Department;
       ``(B) ensure that all complaints alleging any violation 
     described in subparagraph (A) are handled and stored in a 
     manner appropriate to their sensitivity;
       ``(C) have access to all records, reports, audits, reviews, 
     documents, papers, recommendations, or other material 
     available to United States Citizenship and Immigration 
     Services, which relate to programs and operations for which 
     the Director is responsible under this Act;
       ``(D) request such information or assistance from any 
     Federal, State, or local government agency as may be 
     necessary for carrying out the duties and responsibilities 
     under this section;
       ``(E) require the production of all information, documents, 
     reports, answers, records, accounts, papers, and other data 
     and documentary evidence necessary to carry out the functions 
     under this section--
       ``(i) by subpoena, which shall be enforceable, in the case 
     of contumacy or refusal to obey, by order of any appropriate 
     United States district court; or
       ``(ii) through procedures other than subpoenas if obtaining 
     documents or information from Federal agencies;
       ``(F) administer to, or take from, any person an oath, 
     affirmation, or affidavit, as necessary to carry out the 
     functions under this section, which oath, affirmation, or 
     affidavit, if administered or taken by or before an agent of 
     the Office of Internal Corruption Investigation shall have 
     the same force and effect as if administered or taken by or 
     before an officer having a seal;
       ``(G) investigate criminal allegations and noncriminal 
     misconduct;
       ``(H) acquire adequate office space, equipment, and 
     supplies as necessary to carry out the functions and 
     responsibilities under this section; and
       ``(I) be under the direct supervision of the Director.'';

[[Page 8181]]

       (B) in paragraph (2), by striking ``and'' at the end;
       (C) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (D) by adding at the end the following:
       ``(4) establishing the Office of Immigration Benefits Fraud 
     Investigation, which shall--
       ``(A) conduct administrative investigations, including site 
     visits, to address immigration benefit fraud;
       ``(B) assist United States Citizenship and Immigration 
     Services provide the right benefit to the right person at the 
     right time;
       ``(C) track, measure, assess, conduct pattern analysis, and 
     report fraud-related data to the Director; and
       ``(D) work with counterparts in other Federal agencies on 
     matters of mutual interest or information-sharing relating to 
     immigration benefit fraud.''; and
       (3) by adding at the end the following:
       ``(c) Annual Report.--The Director, in consultation with 
     the Office of Internal Corruption Investigations, shall 
     submit an annual report to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives that describes--
       ``(1) the activities of the Office, including the number of 
     investigations began, completed, pending, turned over to the 
     Inspector General for criminal investigations, and turned 
     over to a United States Attorney for prosecution; and
       ``(2) the types of allegations investigated by the Office 
     during the 12-month period immediately preceding the 
     submission of the report that relate to the misconduct, 
     corruption, and fraud described in subsection (a)(1).''.
       (b) Use of Immigration Fees to Combat Fraud.--Section 
     286(v)(2)(B) (8 U.S.C. 1356(v)(2)(B)) is amended by adding at 
     the end the following: ``Not less than 20 percent of the 
     funds made available under this subparagraph shall be used 
     for activities and functions described in paragraphs (1) and 
     (4) of section 453(a) of the Homeland Security Act of 2002 (6 
     U.S.C. 273(a)).''.
                                 ______
                                 
  SA 3987. Mr. GRASSLEY (for himself and Mr. Graham) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 10, line 11, insert ``autonomous unmanned ground 
     vehicles, '' after ``vehicles,''.
       On page 10, line 23, insert ``autonomous unmanned ground 
     vehicles, '' after ``vehicles,''.
                                 ______
                                 
  SA 3988. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 363, lines 7 and 8, strike ``, when such 
     information is requested in writing by such entity''.
                                 ______
                                 
  SA 3989. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 362, strike line 4 and all that follows through 
     ``(f)'' on page 363, line 13, and insert ``(e)''.
                                 ______
                                 
  SA 3990. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 353, lines 14 through 17, strike ``The relevant 
     Federal agencies shall work to ensure that such clearances 
     are completed within 90 days of the submission of 
     fingerprints.''.
                                 ______
                                 
  SA 3991. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 351, strike lines 7 through 22 and insert the 
     following:
       ``(E) Payment of income taxes.--
       ``(i) In general.--Not later than the date on which status 
     is adjusted under this section, the alien establishes the 
     payment of all applicable Federal income tax liability by 
     establishing that--

       ``(I) no such tax liability exists;
       ``(II) all outstanding liabilities have been paid; or
       ``(III) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.

       ``(ii) Applicable federal income tax liability.--For 
     purposes of clause (i), the term `applicable Federal income 
     tax liability' means liability for Federal income taxes owed 
     for any year during the period of employment required by 
     subparagraph (D)(i) for which the statutory period for 
     assessment of any deficiency for such taxes has not expired.
       ``(iii) IRS cooperation.--The Secretary of the Treasury 
     shall establish rules and procedures under which the 
     Commissioner of Internal Revenue shall provide documentation 
     to an alien upon request to establish the payment of all 
     income taxes required by this subparagraph.
       On page 411, strike lines 6 through 25 and insert the 
     following:
       (D) Payment of income taxes.--
       (i) In general.--Not later than the date on which an 
     alien's status is adjusted under this subsection, the alien 
     shall establish the payment of all applicable Federal income 
     tax liability by establishing that--

       (I) no such tax liability exists;
       (II) all outstanding liabilities have been paid; or
       (III) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.

       (ii) Applicable federal income tax liability.--For purposes 
     of clause (i), the term ``applicable Federal income tax 
     liability'' means liability for Federal income taxes owed for 
     any year during the period of employment required under 
     paragraph (1)(A) for which the statutory period for 
     assessment of any deficiency for such taxes has not expired.
       (iii) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all income taxes 
     required by this subparagraph.
                                 ______
                                 
  SA 3992. Mr. GRASSLEY (for himself and Mr. Alexander) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 295, line 22, strike ``alien--'' and all that 
     follows through page 296, line 5, and insert ``alien meets 
     the requirements under section 312.''.
       On page 352, line 3, strike ``alien either--'' and all that 
     follows through line 15, and insert ``alien meets the 
     requirements under section 312.''.
                                 ______
                                 
  SA 3993. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 271 of the amendment, between lines 14 and 15, 
     insert the following:
       ``(13) Agreement to collect percentage of wages to offset 
     cost of emergency health services furnished to uninsured h-2c 
     nonimmigrants.--The employer shall collect an amount equal to 
     1.45 percent of the wages paid by the employer to any H-2C 
     nonimmigrant and shall transmit such amount to the Secretary 
     of the Treasury for deposit into the H-2C Nonimmigrant Health 
     Services Trust Fund established under section 404(c) of the 
     Comprehensive Immigration Reform Act of 2006 at such time and 
     in such manner as the Secretary of the Treasury shall 
     determine.
       On page 286, before line 10, insert the following:
       (c) H-2C Nonimmigrant Health Services Trust Fund.--
       (1) Creation of trust fund.--There is established in the 
     Treasury of the United States a trust fund to be known as the 
     ``H-2C Nonimmigrant Health Services Trust Fund'', consisting 
     of such amounts as may be appropriated or credited to such 
     Trust Fund as provided in this subsection or under rules 
     similar to the rules of section 9602 of the Internal Revenue 
     Code of 1986.
       (2) Transfers to trust fund.--There are hereby appropriated 
     to the H-2C Nonimmigrant Health Services Trust Fund amounts 
     equivalent to the amounts received by the Secretary of the 
     Treasury as a result of the provisions of section 218B(b)(13) 
     of the Immigration and Nationality Act.
       (3) Expenditures from trust fund.--Amounts in the H-2C 
     Nonimmigrant Health Services Trust Fund shall be available 
     only for making payments by the Secretary of Health and Human 
     Services out of the State allotments established in 
     accordance with paragraph (4) directly to eligible providers 
     for the provision of eligible services to H-2C nonimmigrants 
     to the extent that the eligible provider was not otherwise 
     reimbursed (through insurance or otherwise) for such 
     services, as determined by such Secretary. Such payments 
     shall be made under rules similar to the rules for making 
     payments to eligible providers under section 1011 of the 
     Medicare Prescription Drug, Improvement, and Modernization 
     Act of 2003 (42 U.S.C. 1395dd).
       (4) State allotments.--Not later than January 1 of each 
     year, the Secretary of Health and Human Services shall 
     establish an allotment for each State equal to the product 
     of--
       (A) the total amount the Secretary of the Treasury notifies 
     the Secretary of Health and Human Services was appropriated 
     or credited to the H-2C Nonimmigrant Health Services Trust 
     Fund during the preceding year; and

[[Page 8182]]

       (B) the number of H-2C nonimmigrants employed in the State 
     during such preceding year (as determined by the Secretary of 
     Labor).
       (5) Definitions.--In this subsection:
       (A) Eligible provider; eligible services.--The terms 
     ``eligible provider'' and ``eligible services'' have the 
     meanings given those terms in section 1011(e) of the Medicare 
     Prescription Drug, Improvement, and Modernization Act of 2003 
     (42 U.S.C. 1395dd).
       (B) H-2C nonimmigrant.--The term ``H-2C nonimmigrant'' has 
     the meaning given that term in section 218A(n)(7) of the 
     Immigration and Nationality Act.

                          ____________________