[Congressional Record (Bound Edition), Volume 152 (2006), Part 6]
[Senate]
[Pages 8298-8315]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3994. Mr. SALAZAR (for himself and Mr. Martinez) proposed an 
amendment to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. _. NATIONAL SECURITY DETERMINATION.

       Notwithstanding any other provision of this Act, the 
     President shall ensure that no provision of title IV or title 
     VI of this Act, or any amendment made by either such title, 
     is carried out until after the date on which the President 
     makes a determination that the implementation of such title 
     IV and title VI, and the amendments made by either such 
     title, will strengthen the national security of the United 
     States.
                                 ______
                                 
  SA 3995. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 354, strike line 3 through 11, and insert the 
     following:
       ``(I) Adjustment of status.--An alien may not adjust to an 
     immigrant classification under this section until the 
     consideration of all applications filed under section 201, 
     202, or 203 before the date of enactment of this section.
                                 ______
                                 
  SA 3996. Mr. INHOFE (for himself, Mr. Sessions, Mr. Coburn, Mr. 
Bunning, and 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 ordered to lie on the table; 
as follows:

       On page 295, line 22, strike ``the alien--'' and all that 
     follows through page 296, line 5, and insert ``the alien 
     meets the requirements of section 312.''.
       On page 352, line 3, strike ``either--'' and all that 
     follows through line 15, and insert ``meets the requirements 
     of section 312(a) (relating to English proficiency and 
     understanding of United States history and Government).''.
       On page 614, after line 5, insert the following:

     SEC. 766. ENGLISH AS OFFICIAL LANGUAGE.

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

     ``Sec. 161. Declaration of official language

       ``English shall be the official language of the Government 
     of the United States.

[[Page 8299]]



     ``Sec. 162. Official Government activities in English

       ``The Government of the United States shall conduct its 
     official business in English, including publications, income 
     tax forms, and informational materials.

     ``Sec. 163. Preserving and enhancing the role of the official 
       language

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

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

     SEC. 767. REQUIREMENTS FOR NATURALIZATION.

       (a) English Language Requirements.--Section 312(a)(1) (8 
     U.S.C. 1423(a)(1)) is amended to read as follows:
       `` (1) an understanding of, and proficiency in, the English 
     language on a sixth grade level, in accordance with 
     regulations prescribed by the Secretary of Homeland Security, 
     in consultation with the Secretary of State and the Secretary 
     of Education; and''.
       (b) Requirement for History and Government Testing.--
     Section 312(a)(2) (8 U.S.C. 1423(a)(2)) is amended by 
     striking the period at the end and inserting ``, as 
     demonstrated by receiving a passing score on a standardized 
     test administered by the Secretary of Homeland Security of 
     not less than 50 randomly selected questions from a database 
     of not less than 1000 questions developed by the 
     Secretary.''.
                                 ______
                                 
  SA 3997. 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 in title I, 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--
       (1) fully utilizing the Center Domestic Preparedness of the 
     Department of Homeland Security to provide--
       (A) residential basic immigration enforcement training for 
     State, local, and tribal police officers; and
       (B) residential training authorized under section 287(g) of 
     the Immigration and Nationality Act (8 U.S.C. 1357(g));
       (2) using law-enforcement-sensitive, secure, encrypted, 
     Web-based e-learning, including the Distributed Learning 
     Program of the Federal Law Enforcement Training Center to 
     provide--
       (A) basic immigration enforcement training for State, 
     local, and tribal police officers; and
       (B) training, mentoring, and updates authorized under 
     section 287(g) 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 3998. Mr. NELSON of Florida 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 178, line 24, before ``20 detention facilities'', 
     insert ``at least''.
       On page 179, line 1, strike ``10,000'' and insert 
     ``20,000''.
       Beginning on page 179, strike lines 5 through 23 and insert 
     the following:
       (b) Construction of or Acquisition of Detention 
     Facilities.--
       (1) 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 subsection (a).
       (2) 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.
       (3) 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 
     subsection (a).
       (4) 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.
       (c) 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.
                                 ______
                                 
  SA 3999. Mr. KERRY (for himself 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; as 
follows:

       On page 63, between lines 9 and 10, insert the following:
                  Subtitle F--Rapid Response Measures

     SEC. 161. DEPLOYMENT OF BORDER PATROL AGENTS.

       (a) Emergency Deployment of Border Patrol Agents.--
       (1) In general.--If the Governor of a State on an 
     international border of the United States declares an 
     international border security emergency and requests 
     additional United States Border Patrol agents (referred to in 
     this subtitle as ``agents'') from the Secretary, the 
     Secretary, subject to paragraphs (1) and (2), may provide the 
     State with not more than 1,000 additional agents for the 
     purpose of patrolling and defending the international border, 
     in order to prevent individuals from crossing the 
     international border into the United States at any location 
     other than an authorized port of entry.
       (2) Consultation.--Upon receiving a request for agents 
     under paragraph (1), the Secretary, after consultation with 
     the President, shall grant such request to the extent that 
     providing such agents will not significantly impair the 
     Department's ability to provide border security for any other 
     State.
       (3) Collective bargaining.--Emergency deployments under 
     this subsection shall be made in accordance with all 
     applicable collective bargaining agreements and obligations.
       (b) Elimination of Fixed Deployment of Border Patrol 
     Agents.--The Secretary shall ensure that agents are not 
     precluded from performing patrol duties and apprehending 
     violators of law, except in unusual circumstances if the 
     temporary use of fixed deployment positions is necessary.
       (c) Increase in Full-Time Border Patrol Agents.--Section 
     5202(a)(1) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (118 Stat. 3734), as amended by 
     section 101(b)(2), is further amended by striking ``2,000'' 
     and inserting ``3,000''.

     SEC. 162. BORDER PATROL MAJOR ASSETS.

       (a) Control of Border Patrol Assets.--The United States 
     Border Patrol shall have complete and exclusive 
     administrative and operational control over all the assets 
     utilized in carrying out its mission, including, aircraft, 
     watercraft, vehicles, detention space, transportation, and 
     all of the personnel associated with such assets.
       (b) Helicopters and Power Boats.--
       (1) Helicopters.--The Secretary shall increase, by not less 
     than 100, the number of helicopters under the control of the 
     United States Border Patrol. The Secretary shall ensure that 
     appropriate types of helicopters are procured for the various 
     missions being performed.
       (2) Power boats.--The Secretary shall increase, by not less 
     than 250, the number of power boats under the control of the 
     United States Border Patrol. The Secretary shall ensure that 
     the types of power boats that are procured are appropriate 
     for both the waterways in which they are used and the mission 
     requirements.
       (3) Use and training.--The Secretary shall--
       (A) establish an overall policy on how the helicopters and 
     power boats procured under this subsection will be used; and
       (B) implement training programs for the agents who use such 
     assets, including safe operating procedures and rescue 
     operations.
       (c) Motor Vehicles.--
       (1) Quantity.--The Secretary shall establish a fleet of 
     motor vehicles appropriate for use by the United States 
     Border Patrol that will permit a ratio of not less than 1 
     police-type vehicle for every 3 agents. These police-type 
     vehicles shall be replaced not less than

[[Page 8300]]

     every 3 years. The Secretary shall ensure that there are 
     sufficient numbers and types of other motor vehicles to 
     support the mission of the United States Border Patrol.
       (2) Features.--All motor vehicles purchased for the United 
     States Border Patrol shall--
       (A) be appropriate for the mission of the United States 
     Border Patrol; and
       (B) have a panic button and a global positioning system 
     device that is activated solely in emergency situations to 
     track the location of agents in distress.

     SEC. 163. ELECTRONIC EQUIPMENT.

       (a) Portable Computers.--The Secretary shall ensure that 
     each police-type motor vehicle in the fleet of the United 
     States Border Patrol is equipped with a portable computer 
     with access to all necessary law enforcement databases and 
     otherwise suited to the unique operational requirements of 
     the United States Border Patrol.
       (b) Radio Communications.--The Secretary shall augment the 
     existing radio communications system so that all law 
     enforcement personnel working in each area where United 
     States Border Patrol operations are conducted have clear and 
     encrypted 2-way radio communication capabilities at all 
     times. Each portable communications device shall be equipped 
     with a panic button and a global positioning system device 
     that is activated solely in emergency situations to track the 
     location of agents in distress.
       (c) Hand-Held Global Positioning System Devices.--The 
     Secretary shall ensure that each United States Border Patrol 
     agent is issued a state-of-the-art hand-held global 
     positioning system device for navigational purposes.
       (d) Night Vision Equipment.--The Secretary shall ensure 
     that sufficient quantities of state-of-the-art night vision 
     equipment are procured and maintained to enable each United 
     States Border Patrol agent working during the hours of 
     darkness to be equipped with a portable night vision device.

     SEC. 164. PERSONAL EQUIPMENT.

       (a) Border Armor.--The Secretary shall ensure that every 
     agent is issued high-quality body armor that is appropriate 
     for the climate and risks faced by the agent. Each agent 
     shall be permitted to select from among a variety of approved 
     brands and styles. Agents shall be strongly encouraged, but 
     not required, to wear such body armor whenever practicable. 
     All body armor shall be replaced not less than every 5 years.
       (b) Weapons.--The Secretary shall ensure that agents are 
     equipped with weapons that are reliable and effective to 
     protect themselves, their fellow agents, and innocent third 
     parties from the threats posed by armed criminals. The 
     Secretary shall ensure that the policies of the Department 
     authorize all agents to carry weapons that are suited to the 
     potential threats that they face.
       (c) Uniforms.--The Secretary shall ensure that all agents 
     are provided with all necessary uniform items, including 
     outerwear suited to the climate, footwear, belts, holsters, 
     and personal protective equipment, at no cost to such agents. 
     Such items shall be replaced at no cost to such agents as 
     they become worn, unserviceable, or no longer fit properly.

     SEC. 165. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated to the Secretary 
     such sums as may be necessary for each of the fiscal years 
     2007 through 2011 to carry out this subtitle.
                                 ______
                                 
  SA 4000. Mr. SANTORUM (for himself, Mr. Frist, and Ms. Mikulski) 
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 306, strike line 13 and insert the following:

     SEC. 413. VISA WAIVER PROGRAM EXPANSION.

       Section 217(c) (8 U.S.C. 1187(c)) is amended by adding at 
     the end the following:
       ``(8) Probationary admission.--
       ``(A) Definition of material support.--In this paragraph, 
     the term `material support' means the current provision of 
     the equivalent of, but not less than, a battalion (which 
     consists of 300 to 1,000 military personnel) to Operation 
     Iraqi Freedom or Operation Enduring Freedom to provide 
     training, logistical or tactical support, or a military 
     presence.
       ``(B) Designation as a program country.--Notwithstanding 
     any other provision of this section, a country may be 
     designated as a program country, on a probationary basis, 
     under this section if--
       ``(i) the country is a member of the European Union;
       ``(ii) the country is providing material support to the 
     United States or the multilateral forces in Afghanistan or 
     Iraq, as determined by the Secretary of Defense, in 
     consultation with the Secretary of State; and
       ``(iii) the Secretary of Homeland Security, in consultation 
     with the Secretary of State, determines that participation of 
     the country in the visa waiver program under this section 
     does not compromise the law enforcement interests of the 
     United States.
       ``(C) Refusal rates; overstay rates.--The determination 
     under subparagraph (B)(iii) shall only take into account any 
     refusal rates or overstay rates after the expiration of the 
     first full year of the country's admission into the European 
     Union.
       ``(D) Full compliance.--Not later than 2 years after the 
     date of a country's designation under subparagraph (B), the 
     country--
       ``(i) shall be in full compliance with all applicable 
     requirements for program country status under this section; 
     or
       ``(ii) shall have its program country designation 
     terminated.
       ``(E) Extensions.--The Secretary of State may extend, for a 
     period not to exceed 2 years, the probationary designation 
     granted under subparagraph (B) if the country--
       ``(i) is making significant progress towards coming into 
     full compliance with all applicable requirements for program 
     country status under this section;
       ``(ii) is likely to achieve full compliance before the end 
     of such 2-year period; and
       ``(iii) continues to be an ally of the United States 
     against terrorist states, organizations, and individuals, as 
     determined by the Secretary of Defense, in consultation with 
     the Secretary of State.''.

     SEC. 414. AUTHORIZATION OF APPROPRIATIONS.

                                 ______
                                 
  SA 4001. 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:

       At the end of title VII, insert the following:

     SEC. 766. ENGLISH FLUENCY REQUIREMENTS FOR CERTAIN EMPLOYEES 
                   OF INSTITUTIONS OF HIGHER EDUCATION.

       Section 214(g)(5)(A) (8 U.S.C. 1184(g)(5)(A)) is amended to 
     read as follows:
       ``(A)(i) except as provided in clause (ii), is employed (or 
     has received an offer of employment) at an institution of 
     higher education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a)), or a related or 
     affiliated nonprofit entity; or
       ``(ii) is employed (or has received an offer of employment) 
     at an institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)), or a related or affiliated nonprofit entity if--
       ``(I) such employment includes providing classroom 
     instruction; and
       ``(II) the alien has demonstrated a high proficiency in the 
     spoken English language;''.
                                 ______
                                 
  SA 4002. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       Beginning on page 362, strike line 4 and all that follows 
     through page 363, line 12, and insert the following:
       ``(e) Confidentiality of Information.--
       ``(1) In general.--Except as provided in paragraph (1) or 
     (2) or as otherwise provided in this section, or pursuant to 
     written waiver of the applicant or order of a court of 
     competent jurisdiction, no Federal agency or bureau, or any 
     officer or employee of such agency or bureau, may--
       ``(A) use the information furnished by the applicant 
     pursuant to an application filed under paragraph (1) or (2) 
     of subsection (a) for any purpose other than to make a 
     determination on the application;
       ``(B) make any publication through which the information 
     furnished by any particular applicant can be identified; or
       ``(C) permit anyone other than the sworn officers and 
     employees of such agency, bureau, or approved entity, as 
     approved by the Secretary of Homeland Security, to examine 
     individual applications that have been filed.
       ``(2) Required disclosures.--The Secretary of Homeland 
     Security and the Secretary of State shall provide the 
     information furnished pursuant to an application filed under 
     paragraph (1) or (2) of subsection (a), and any other 
     information derived from such furnished information, to--
       ``(A) a duly recognized law enforcement entity in 
     connection with a criminal investigation or prosecution or a 
     national security investigation or prosecution, in each 
     instance about an individual suspect or group of suspects, 
     when such information is requested in writing by such entity; 
     or
       ``(B) an official coroner for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       ``(3) Inapplicability after denial.--The limitation under 
     paragraph (1)--
       ``(A) shall apply only until an application filed under 
     paragraph (1) or (2) of subsection (a) is denied and all 
     opportunities for appeal of the denial have been exhausted; 
     and
       ``(B) shall not apply to use of the information furnished 
     pursuant to such application in any removal proceeding or 
     other criminal or civil case or action relating to an alien 
     whose application has been granted that is based upon any 
     violation of law committed or discovered after such grant.
       ``(4) Criminal penalty.--Any person who knowingly uses, 
     publishes, or permits information to be examined in violation 
     of this subsection shall be fined not more than $10,000.

[[Page 8301]]


                                 ______
                                 
  SA 4003. 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 49, strike lines 7 and 8 and insert the following:

     SEC. 131. ELIMINATING RELEASE OF ALIENS APPREHENDED AT OR 
                   BETWEEN PORTS OF ENTRY.

       On page 50, line 9, insert ``or a flight risk'' after 
     ``risk''.
       On page 50, strike lines 10 and 11 and insert the 
     following:
       (2) the alien provides a bond of not less than--
       (A) $5,000; and
       (B) $10,000, if the alien is from a country outside of the 
     Western Hemisphere.
       On page 51, between lines 5 and 6, insert the following:
       (d) Reinstatement of Previous Removal Orders.--
       (1) In general.--Section 241(a)(5) (8 U.S.C. 1231(a)(5)) is 
     amended to read as follows:
       ``(5) Reinstatement of previous removal orders.--
       ``(A) Removal.--If the Secretary of Homeland Security 
     determines that an alien has entered the United States 
     illegally after having been removed, deported or excluded or 
     having departed voluntarily, under an order of removal, 
     deportation, or exclusion, regardless of the date of the 
     original order or the date of the illegal entry--
       ``(i) the order of removal, deportation, or exclusion shall 
     be reinstated from its original date and, notwithstanding 
     section 242(a)(2)(D), such order may not be reopened or 
     reviewed;
       ``(ii) the alien is not eligible and may not apply for any 
     relief under this Act, regardless of the date that an 
     application or request for such relief may have been filed or 
     made; and
       ``(iii) the alien shall be removed under the order of 
     removal, deportation, or exclusion at any time after the 
     illegal entry.
       ``(B) Proceedings not required.--Reinstatement under this 
     paragraph shall not require proceedings under section 240 or 
     other proceedings before an immigration judge.''.
       (2) Judicial review.--Section 242 (8 U.S.C. 1252) is 
     amended by adding at the end the following:
       ``(h) Judicial Review of Reinstatement.--
       ``(1) Review.--Judicial review of any determination under 
     section 241(a)(5) shall be available in any action under 
     subsection (a).
       ``(2) No review of original order.--Notwithstanding any 
     other provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, or any other 
     habeas corpus provision sections 1361 and 1651 of such title, 
     no court shall have jurisdiction to review any cause or 
     claim, arising from or relating to any challenge to the 
     original order.''.
       (3) Effective date.--The amendments made by paragraphs (1) 
     and (2) shall--
       (A) take effect as if enacted on April 1, 1997; and
       (B) apply to all orders reinstated or after such date by 
     the Secretary of Homeland Security (or by the Attorney 
     General prior to March 1, 2003), regardless of the date of 
     the original order.
                                 ______
                                 
  SA 4004. 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 359, strike line 13 and all that follows 
     through page 362, line 3, and insert the following:
       ``(g) Treatment of Applicants During Removal Proceedings.--
     Notwithstanding any provision of this Act, an alien who is in 
     removal proceedings shall have an opportunity to apply for a 
     grant of status under this title unless a final 
     administrative determination has been made.
                                 ______
                                 
  SA 4005. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike sections 507 and 508, and insert the following:

                          Subtitle B--SKIL Act

     SEC. 511. SHORT TITLE.

       This subtitle may be cited as the ``Securing Knowledge, 
     Innovation, add Leadership Act of 2006'' or the ``SKIL Act of 
     2006''

     SEC. 512. H-IB VISA H0LDERS.

       (a) In General.--Section 214(g)(5) (8 U.S.C. 1184(g)(5)) is 
     amended--
       (1) in subpragraph (B)--
       (A) by striking ``nonprofit research'' and inserting 
     ``nonprofit'';
       (B) by inserting ``Federal, State, or local'' before 
     ``governmental''; and
       (C) by striking ``or'' at the end;
       (2) in subparagraph (C)--
       (A) by striking ``a United States institution of higher 
     education (as defined in section 101(a) of the Higher 
     Education Act of 1965 (20 U.S.C. 1001(a))),'' and inserting 
     ``an institution of higher education in a foreign country,''; 
     and
       (B) by striking the period at the end and inserting a 
     semicolon;
       (3) by adding at the end, the following new subparagraphs:
       ``(D) has earned a master's or higher degree from a United 
     States institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)));
       ``(E) has been awarded medical specialty certification 
     based on post-doctoral training and experience in the United 
     States; or''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply to any petition or visa application pending on 
     the date of enactment of this Act and any petition or visa 
     application filed on or after such date.

     SEC. 513. MARKET-BASED VISA LIMITS.

       Section 214(g) (8 U.S.C. 1184(g)) is amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by striking 
     ``(beginning with fiscal year 1992)''; and
       (B) in subparagraph (A)--
       (i) in clause (vi) by striking ``and'';
       (ii) in clause (vii), by striking ``each succeeding fiscal 
     year; or'' and inserting ``each of fiscal years 2004, 2005, 
     and 2006;''; and
       (iii) by adding after clause (vii) the following:
       ``(viii) 115,000 in the first fiscal year beginning after 
     the date of the enactment of the Securing Knowledge, 
     Innovation, and Leadership Act of 2006; and
       ``(ix) the number calculated under paragraph (9) in each 
     fiscal year after the year described in clause (viii); or'';
       (2) in paragraph (8), by striking subparagraphs (B)(iv) and 
     (D);
       (3) by redesignating paragraphs (9), (10), and (11) as 
     paragraphs (10), (11), and (12), respectively; and
       (4) by inserting after paragraph (8) the following:
       ``(9) If the numerical limitation in paragraph (1)(A)--
       ``(A) is reached during a given fiscal year, the numerical 
     limitation under paragraph (1)(A)(ix) for the subsequent 
     fiscal year shall be equal to 120 percent of the numerical 
     limitation of the given fiscal year; or
       ``(B) is not reached during a given fiscal year, the 
     numerical limitation under paragraph (1)(A)(ix) for the 
     subsequent fiscal year shall be equal to the numerical 
     limitation of the given fiscal year.''.

     SEC. 514. UNITED STATES EDUCATED IMMIGRANTS.

       (a) In General.--Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is 
     amended by adding at the end the following:
       ``(F) Aliens who have earned a master's or higher degree 
     from an accredited United States university.
       ``(G) Aliens who have been awarded medical specialty 
     certification based on post-doctoral training and experience 
     in the United States preceding their application for an 
     immigrant visa under section 203(b).
       ``(H) Aliens who will perform labor in shortage occupations 
     designated by the Secretary of Labor for blanket 
     certification under section 212(a)(5)(A) as lacking 
     sufficient United States workers able, willing, qualified, 
     and available for such occupations and for which the 
     employment of aliens will not adversely affect the terms and 
     conditions of similarly employed United States workers.
       ``(I) Aliens who have earned a master's degree or higher in 
     science, technology, engineering, or math and have been 
     working in a related field in the United States in a non-
     immigrant status during the 3-year period preceding their 
     application for an immigrant visa under section 203(b).
       ``(J) Aliens described in subparagraph (A) or (B) of 
     section 203(b)(1) or who have received a national interest 
     waiver under section 203(b)(2)(B).
       ``(K) The spouse and minor children of an alien who is 
     admitted as an employment-based immigrant under section 
     203(b).''.
       (b) Labor Certifications.--Section 212(a)(5)(A)(ii) (8 
     U.S.C. 1182(a)(5)(A)(ii)) is amended--
       (1) by striking ``or'' at the end of subclause (I);
       (2) by striking the period at the end of sub- clause (II) 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       (III) is a member of the professions and has a master's 
     degree or higher from an accredited United States university 
     or has been awarded medical specialty certification based on 
     post-doctoral training and experience in the United 
     States.''.

     SEC. 515. STUDENT VISA REFORM.

       (a) In General.--
       (1) Nonimmigrant classification.--Section 101(a)(15)(F) (8 
     U.S.C. 1101(a)(15)(F)) is amended to read as follows:
       ``(F) an alien--
       ``(i) who--
       ``(I) is a bona fide student qualified to pursue a full 
     course of study in mathematics, engineering, technology, or 
     the sciences leading to a bachelors or graduate degree and 
     who seeks to enter the United States for the purpose of 
     pursuing such a course of study consistent with section 
     214(m) at an institution of higher education (as defined by 
     section 101(a) of the Higher Education Act of

[[Page 8302]]

     1965 (20 U.S.C. 1001(a))) 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 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) is engaged in temporary employment for optional 
     practical training related to such alien's area of study 
     following completion of the course of study described in 
     subclause (I) for a period or periods of not more than 24 
     months;
       ``(ii) who--
       ``(I) has a residence in a foreign country which the alien 
     has no intention of abandoning, who is 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 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 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) is engaged in temporary employment for optional 
     practical training related to such alien's area of study 
     following completion of the course of study described in 
     subclause (I) for a period or periods of not more than 24 
     months;
       ``(iii) who is the spouse or minor child of an alien 
     described in clause (i) or (ii) if accompanying or following 
     to join such an alien; or
       ``(iv) who----
       ``(I) 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) or (ii) 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; or
       ``(II) is engaged in temporary employment for optional 
     practical training related to such the student's area of 
     study following completion of the course of study described 
     in subclause (I) for a period or periods of not more than 24 
     months;''.
       (2) Admission.--Section 214(b) (8 U.S.C. 1184(b)) is 
     amended by inserting ``(F)(i),'' before ``(L) or (V)''.
       (3) Conforming amendment.--Section 214(m)(1) (8 U.S.C. 
     1184(m)(1)) is amended, in the matter preceding subparagraph 
     (A), by striking ``(i) or (iii)'' and inserting ``(i), (ii), 
     or (iv)''.
       (b) Off Campus Work Authorization for Foreign Students.----
       (1) In general.--Aliens admitted as nonimmigrant students 
     described in section 101(a)(15)(F), as amended by subsection 
     (a), (8 U.S.C. 1101(a)(15)(F)) may be employed in an off 
     campus position unrelated to the alien's field of study if--
     --
       (A) the alien has enrolled full time at the educational 
     institution and is maintaining good academic standing;
       (B) the employer provides the educational institution and 
     the Secretary of Labor with an attestation that the 
     employer----
       (i) has spent at least 21 days recruiting United States 
     citizens to fill the position; and
       (ii) will pay the alien and other similarly situated 
     workers at a rate equal to not less than the greater of----
       (I) the actual wage level for the occupation at the place 
     of employment; or
       (II) the prevailing wage level for the occupation in the 
     area of employment; and
       (C) the alien will not be employed more than--
       (i) 20 hours per week during the academic term; or
       (ii) 40 hours per week during vacation periods and between 
     academic terms.
       (2) Disqualification.--If the Secretary of Labor determines 
     that an employer has provided an attestation under paragraph 
     (1)(B) that is materially false or has failed to pay wages in 
     accordance with the attestation, the employer, after notice 
     and opportunity for a hearing, shall be disqualified from 
     employing an alien student under paragraph (1).

     SEC. 516. L-1 VISA HOLDERS SUBJECT TO VISA BACKLOG.

       Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is amended by 
     adding at the end the following new subparagraph:
       ``(G) The limitations contained in subparagraph (D) with 
     respect to the duration of authorized stay shall not apply to 
     any nonimmigrant alien previously issued a visa or otherwise 
     provided nonimmigrant status under section 101(a)(15)(L) on 
     whose behalf a petition under section 204(b) to accord the 
     alien immigrant status under section 203(b), or an 
     application for labor certification (if such certification is 
     required for the alien to obtain status under such section 
     203(b)) has been filed, if 365 days or more have elapsed 
     since such filing. The Secretary of Homeland Security shall 
     extend the stay of an alien who qualifies for an exemption 
     under this subparagraph until such time as a final decision 
     is made on the alien's lawful permanent residence.''.

     SEC. 517. RETAINING WORKERS SUBJECT TO GREEN CARD BACKLOG.

       (a) Adjustment of Status.--
       (1) In general.--Section 245(a) (8 U.S.C. 1255(a)) is 
     amended to read as follows:
       ``(a) Eligibility.--
       ``(1) In general.--The status of an alien who was inspected 
     and admitted or paroled into the United States or the status 
     of any other alien having an approved petition for 
     classification under subparagraph (A)(iii), (A)(iv), (B)(ii), 
     or (B)(iii) of section 204(a)(1) may be adjusted by the 
     Secretary of Homeland Security or the Attorney General, in 
     the discretion of the Secretary or the Attorney General under 
     such regulations as the Secretary or Attorney General may 
     prescribe, to that of an alien lawfully admitted for 
     permanent residence if--
       ``(A) the alien makes an application for such adjustment;
       ``(B) the alien is eligible to receive an immigrant visa 
     and is admissible to the United States for permanent 
     residence; and
       ``(C) an immigrant visa is immediately available to the 
     alien at the time the application is filed.
       ``(2) Supplemental fee.--An application under paragraph (1) 
     that is based on a petition approved or approvable under 
     subparagraph (E) or (F) of section 204(a)(1) may be filed 
     without regard to the limitation set forth in paragraph 
     (1)(C) if a supplemental fee of $500 is paid by the principal 
     alien at the time the application is filed. A supplemental 
     fee may not be required for any dependent alien accompanying 
     or following to join the principal alien.
       ``(3) Visa availability.--An application for adjustment 
     filed under this paragraph may not be approved until such 
     time as an immigrant visa becomes available.''.
       (b) Use of Fees.--Section 286(v)(1) (8 U.S.C. 1356(v)(1)) 
     is amended by inserting before the period at the end ``and 
     the fees collected under section 245(a)(2).''.

     SEC. 518. STREAMLINING THE ADJUDICATION PROCESS FOR 
                   ESTABLISHED EMPLOYERS.

       Section 214(c) (8. U.S.C. 1184) is amended by adding at the 
     end the following new paragraph:
       ``(1) Not later than 180 days after the date of the 
     enactment of the Securing Knowledge, Innovation, and 
     Leadership Act of 2006, the Secretary of Homeland Security 
     shall establish a precertification procedure for employers 
     who file multiple petitions described in this subsection or 
     section 203(b). Such precertification procedure shall enable 
     an employer to avoid repeatedly submitting I documentation 
     that is common to multiple petitions and establish through a 
     single filing criteria relating to the employer and the 
     offered employment opportunity.''.

     SEC. 519. PROVIDING PREMIUM PROCESSING OF EMPLOYMENT-BASED 
                   VISA PETITIONS.

       (a) In General.--Pursuant to section 286(u) of the 
     Immigration and Nationality Act (8 U.S.C. 1356(u)), the 
     Secretary of Homeland Security shall establish and collect a 
     fee for premium processing of employment-based immigrant 
     petitions.
       (b) Appeals.--Pursuant to such section 286(u), the 
     Secretary of Homeland Security shall establish and collect a 
     fee for premium processing of an administrative appeal of any 
     decision on a permanent employment-based immigrant petition.

     SEC. 520. ELIMINATING PROCEDURAL DELAYS IN LABOR 
                   CERTIFICATION PROCESS.

       (a) Prevailing Wage Rate.--
       (1) Requirement to provide.--The Secretary of Labor shall 
     provide prevailing wage determinations to employers seeking a 
     labor certification for aliens pursuant to part 656 of title 
     20, Code of Federal Regulation (or any successor regulation). 
     The Secretary of Labor may not delegate this function to any 
     agency of a State.
       (2) Schedule for Determination.--Except as provided in 
     paragraph (3), the Secretary of Labor shall provide a 
     response to an employer's request for a prevailing wage 
     determination in no more than 20 calendar days from the date 
     of receipt of such request. If the Secretary of Labor fails 
     to reply during such 20-day period, then the wage proposed by 
     the employer shall be the valid prevailing wage rate.
       (3) Use of surveys.--The Secretary of Labor shall accept an 
     alternative wage survey provided by the employer unless the 
     Secretary of Labor determines that the wage component of the 
     Occupational Employment Statistics Survey is more accurate 
     for the occupation in the labor market area.
       (b) Placement of Job Order.--The Secretary of Labor shall 
     maintain a website with links to the official website of each 
     workforce agency of a State, and such official website shall 
     contain instructions on the filing of a job order in order to 
     satisfy the job order requirements of section 656.17(e)(1) of 
     title 20, Code of Federal Regulation (or any successor 
     regulation).
       (c) Technical Corrections.--The Secretary of Labor shall 
     establish a process by

[[Page 8303]]

     which employers seeking certification under section 212(a)(5) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), 
     as amended by section 514(b), may make technical corrections 
     to applications in order to avoid requiring employers to 
     conduct additional recruitment to correct an initial 
     technical error. A technical error shall include any error 
     that would not have a material effect on the validity of the 
     employer's recruitment of able, willing, and qualified United 
     States workers.
       (d) Administrative Appeals.--Motions to reconsider, and 
     administrative appeals of, a denial of a permanent labor 
     certification application, shall be decided by the Secretary 
     of Labor not later than 60 days after the date of the filing 
     of such motion or such appeal.
       (e) Applications Under Previous System.--Not later than 180 
     days after the date of the enactment of this Act, the 
     Secretary of Labor shall process and issue decisions on all 
     applications for permanent alien labor certification that 
     were filed prior to March 28, 2005.
       (f) Effective Date.--The provisions of this section shall 
     take effect 90 days after the date of enactment of this Act, 
     whether or not the Secretary of Labor has amended the 
     regulations at part 656 of title 20, Code of Federal 
     Regulation to implement such changes.

     SEC. 521. COMPLETION OF BACKGROUND AND SECURITY CHECKS.

       Section 103 (8 U.S.C. 1103) is amended by adding at the end 
     the following new subsection:
       ``(i) Requirement for Background Checks.--Notwithstanding 
     any other provision of law, until appropriate background and 
     security checks, as determined by the Secretary of Homeland 
     Security, have been completed, and the information provided 
     to and assessed by the official with jurisdiction to grant or 
     issue the benefit or documentation, on an in camera basis as 
     may be necessary with respect to classified, law enforcement, 
     or other information that cannot be disclosed publicly, the 
     Secretary of Homeland Security, the Attorney General, or any 
     court may not--
       ``(1) grant or order the grant of adjustment of status of 
     an alien to that of an alien lawfully admitted for permanent 
     residence;
       ``(2) grant or order the grant of any other status, relief, 
     protection from removal, or other benefit under the 
     immigration laws; or
       ``(3) issue any documentation evidencing or related to such 
     grant by the Secretary, the Attorney General, or any court.
       ``(j) Requirement to resolve fraud allegations.--
     Notwithstanding any other provision of law, until any 
     suspected or alleged fraud relating to the granting of any 
     status (including the granting of adjustment of status), 
     relief, protection from removal, or other benefit under this 
     Act has been investigated and resolved, the Secretary of 
     Homeland Security and the Attorney General may not be 
     required to--
       ``(1) grant or order the grant of adjustment of status of 
     an alien to that of an alien lawfully admitted for permanent 
     residence;
       ``(2) grant or order the grant of any other status, relief, 
     protection from removal, or other benefit under the 
     immigration laws; or
       ``(3) issue any documentation evidencing or related to such 
     grant by the Secretary, the Attorney General, or any court.
       ``(k) Prohibition of Judicial Enforcement.--Notwithstanding 
     any other provision of law, no court may require any act 
     described in subsection (i) or (j) to be completed by a 
     certain time or award any relief for the failure to complete 
     such acts.''.

     SEC. 522. VISA REVALIDATION.

       (a) In General.--Section 222 (8 U.S.C. 1202) is amended by 
     adding at the end the following:
       ``(i) The Secretary of State shall permit an alien granted 
     a nonimmigrant visa under subparagraph E, H, I, L, O, or P of 
     section 101(a)(15) to apply for a renewal of such visa within 
     the United States if--
       ``(1) such visa expired during the 12-month period ending 
     on the date of such application;
       ``(2) the alien is seeking a nonimmigrant visa under the 
     same subparagraph under which the alien had previously 
     received a visa; and
       ``(3) the alien has complied with the immigration laws and 
     regulations of the United States.''.
       (b) Conforming Amendment.--Section 222(h) of such Act is 
     amended, in the matter preceding subparagraph (1), by 
     inserting ``and except as provided under subsection (i),'' 
     after ``Act''.
                                 ______
                                 
  SA 4006. 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 202, line 9, strike ``(B)'' and insert the 
     following:
       ``(B) The Secretary shall require each employer who employs 
     an H-2C nonimmigrant to register and participate in--
       ``(i) the System; or
       ``(ii) the employment eligibility confirmation basic pilot 
     program under title IV of the Illegal Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note).
       ``(C)
                                 ______
                                 
  SA 4007. 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 345, strike line 10 and all that follows through 
     page 372, line 12, and insert the following:

              Subtitle A--Mandatory Departure and Reentry

     SEC. 601. ACCESS TO MANDATORY DEPARTURE AND REENTRY

       (a) In General.--Chapter 5 of title II (8 U.S.C. 1255 et 
     seq.) is amended by inserting after section 245A the 
     following:

     ``SEC. 245B. MANDATORY DEPARTURE AND REENTRY.

       On page 381, line 23, strike ``3 years'' and insert ``5 
     years''.
       On page 384, line 22, insert ``and'' at the end.
       On page 384, line 25, strike ``; and'' and all that follows 
     through page 385, line 2, and insert a period.
       On page 394, strike line 11 and all that follows through 
     the matter following line 14, and insert the following:
       (b) Table of Contents.---The table of contents (8 U.S.C. 
     1101 note) is amended by insert after the item relating to 
     section 245A the following:

``Sec. 245B. Mandatory departure and reentry.''.

       On page 394, strike line 15 and insert the following:
       (c) Conforming Amendment.--Section
       On page 394, line 19, strike ``section 245C'' and insert 
     ``section 245B''.
       On page 394, strike line 20 and all that follows through 
     ``subsection'' on line 22, and insert the following:
       (d) Statutory Construction.--Nothing in this section, or 
     any amendment made by this section
       On page 395, strike line 1 and insert the following:
       (e) Authorization of Appropriations.--
       On page 395, line 6, strike ``subsection'' and all that 
     follows through line 23, and insert ``section.''.
                                 ______
                                 
  SA 4008. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 397, strike line 21 and all that follows through 
     page 398, line 13, and insert the following:
       (7) Work Day.--The term ``work day'' means any day in which 
     the individual is employed 8 or more hours in agriculture.
 CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL 
                                WORKERS

     SEC. 613. AGRICULTURAL WORKERS.

       (a) Blue Card Program.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary may confer blue card status upon an alien 
     who qualifies under this subsection if the Secretary 
     determines that the alien--
       (A) has performed agricultural employment in the United 
     States for at least 150 work days per year during the 24-
     month period ending on December 31, 2005;
                                 ______
                                 
  SA 4009. Mr. CHAMBLISS (for himself and Mr. Isakson) 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 452, strike line 1 and all that follows through 
     page 459, line 10, and insert the following:
       ``(A) In general.--An employer applying to hire H-2A 
     workers under section 218(a), or utilizing alien workers 
     under blue card program established under section 613 of the 
     Comprehensive Immigration Reform Act of 2006, shall offer to 
     pay, and shall pay, all workers in the occupation for which 
     the employer has applied for alien workers, not less than 
     (and is not required to pay more than) the greater of--
       ``(i) the prevailing wage in the occupation in the area of 
     intended employment; or
       ``(ii) the applicable State minimum wage.
       ``(B) Prevailing wage defined.--In this paragraph, the term 
     `prevailing wage' means the wage rate that includes the 51st 
     percentile of employees with similar experience and 
     qualifications in the agricultural occupation in the area of 
     intended employment, expressed in terms of the prevailing 
     rate of pay for the occupation in the area of intended 
     employment.''.
                                 ______
                                 
  SA 4010. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 438, strike line 6, and all that follows 
     through page 440, line 6.

[[Page 8304]]


                                 ______
                                 
  SA 4011. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 477, strike line 23 and all that follows 
     through page 479, line 17.
                                 ______
                                 
  SA 4012. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 402, strike line 15 and all that follows 
     through page 407, line 9.
                                 ______
                                 
  SA 4013. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 421, strike lines 13 through 20, and insert the 
     following:
       (8) Application fees.--
                                 ______
                                 
  SA 4014. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 482, line 14, strike ``subsection (d)(1)'' and 
     insert ``subsection (b)''.
       On page 482, line 24, strike ``subsection (d)(1)'' and 
     insert ``subsection (b)''.
       Beginning on page 485, strike line 4 and all that follows 
     through page 491, line 25.
       On page 492, strike lines 1 and 2 and insert the following:
       ``(b) Discrimination Prohibited.--It is a violation of this 
     sub-
       Beginning on page 492, strike line 19 and all that follows 
     through page 493, line 7.
       On page 493, line 8, strike ``(e)'' and insert ``(c)''.
       On page 493, line 12, strike ``(d)'' and insert ``(b)''.
       On page 493, line 17, strike ``(f)'' and insert ``(d)''.
                                 ______
                                 
  SA 4015. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 491, after line 25, insert the following:
       (11) Attorney's fees.--In any action brought under this 
     subsection, the prevailing party shall recover all costs and 
     expenses of litigation, including reasonable attorney's fees, 
     which shall be paid for by the losing party, unless the court 
     finds that the payment of such costs and expenses would be 
     manifestly unjust.
                                 ______
                                 
  SA 4016. Mr. NELSON of Florida 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 7, line 26, strike ``500'' and insert ``1,500''.
       On page 8, line 10, strike ``1000'' and insert ``2,000''.
       On page 8, line 18, strike ``200'' and insert ``400''.
       On page 9, strike lines 15 through 21 and insert the 
     following:

     preceding fiscal year), by--
       ``(1) 2,000 in fiscal year 2006; and
       ``(2) 4,000 in each of fiscal years 2007 through 2011.
       On page 180, between lines 6 and 7, 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.

     SEC. 235. DETENTION AND REMOVAL OFFICERS.

       (a) 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 subsections (b), (c), and (d).
       (b) 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.
       (c) 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 subsection (b) shall--
       (1) provide for sight and sound separation of alien 
     detainees without any criminal convictions from criminal 
     inmates and pretrial detainees facing criminal prosecution; 
     and
       (2) establish specific standards for detaining nuclear 
     family units together and for detaining noncriminal 
     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.
       (d) Legal Orientation To Ensure Effective Removal 
     Process.--All alien detainees shall receive legal orientation 
     presentations from an independent nonprofit 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.
       On page 239, line 18, strike ``2,000'' and insert 
     ``4,000''.
       On page 240, line 10, strike ``1,000'' and insert 
     ``2,000''.
       On page 540, between lines 8 and 9, insert the following:
       (d) United States Marshals.--During each of fiscal years 
     2007 through 2011, the Attorney General shall, subject to the 
     availability of appropriations, add at least 200 Deputy 
     United States Marshals to investigate criminal immigration 
     matters for the fiscal year.
       (e) Pro Bono Representation.--The Attorney General shall 
     take all necessary and reasonable steps to ensure that alien 
     detainees receive appropriate pro bono representation in 
     immigration matters.
       (f) Office of General Counsel.--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

[[Page 8305]]

     represent the Department in immigration matters for the 
     fiscal year.
                                 ______
                                 
  SA 4017. Mr. DORGAN proposed an amendment to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; as 
follows:

       On page 250, between lines 13 and 14, insert the following:
       ``(1) Eligibility for deferred mandatory departure 
     status.--The alien shall establish that the alien is eligible 
     for Deferred Mandatory Departure status under section 245C.
                                 ______
                                 
  SA 4018. Mr. STEVENS (for himself, Mr. Leahy, Ms. Murkowski, Mr. 
Coleman, Mr. Jeffords, and Ms. Stabenow) 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.  . 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 4019. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 345, strike line 6 and all that follows through 
     page 395, line 23, and insert the following:
       TITLE VI--WORK AUTHORIZATION FOR UNDOCUMENTED INDIVIDUALS
Subtitle A--Treatment of Individuals Who Remain in United States After 
                            Authorized Entry

     SEC. 601. ELIGIBILITY FOR H-2C NONIMMIGRANT STATUS.

       (a) In General.--Notwithstanding the foreign residency 
     requirement under section 101(a)(15)(H)(ii)(c)(aa) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(c)(aa)) and except as provided under 
     subsection (b), an alien is eligible for H-2C nonimmigrant 
     status (as defined in section 218A(n)(7) of such Act) under 
     the terms and conditions established under section 218A of 
     such Act, as added by section 403 of this Act, if the alien 
     establishes that the alien--
       (1) entered the United States in accordance with the 
     immigration laws of the United States;
       (2) has been continuously in the United States since such 
     date of entry, except for brief, casual, and innocent 
     departures; and
       (3) remained in the United States after the end of the 
     period for which the alien was admitted into the United 
     States.
       (b) Grounds for Ineligibility.--An alien is ineligible for 
     H-2C nonimmigrant status if the alien--
       (1) has been ordered excluded, deported, removed, or to 
     depart voluntarily from the United States; or
       (2) fails to comply with any request for information by the 
     Secretary of Homeland Security.
       (c) Additional Admission Requirements.--
       (1) In General.--In addition to the admission requirements 
     under section 218A(d) of the Immigration and Nationality Act, 
     an alien who applies H-2C nonimmigrant status pursuant to 
     this section shall submit to the Secretary--
       (A) an acknowledgment made in writing and under oath that 
     the alien--
       (i) has remained in the United States beyond the period for 
     which the alien was admitted and is subject to removal or 
     deportation, as appropriate, under the Immigration and 
     Nationality Act; and
       (ii) understands the terms and conditions of H-2C 
     nonimmigrant status;
       (B) any Social Security account number or card in the 
     possession or the alien or relied upon by the alien; and
       (C) any false or fraudulent documents in the alien's 
     possession.
       (2) Use of information.--None of the documents or other 
     information provided in accordance with paragraph (1) may be 
     used in a criminal proceeding against the alien providing 
     such documents or information.
       (d) Waiver of Numerical Limitations.--The numerical 
     limitations under section 214 of the Immigration and 
     Nationality Act (8 U.S.C. 1184) shall not apply to any alien 
     who is granted H-2C nonimmigrant status pursuant to this 
     section.
       (e) Benefits.--During the period in which an alien is 
     granted H-2C nonimmigrant status pursuant to this section--
       (1) the alien shall not be considered to be permanently 
     residing in the United States under the color of law and 
     shall be treated as a nonimmigrant admitted under section 214 
     of the Immigration and Nationality Act (8 U.S.C. 1184); and
       (2) the alien may be deemed ineligible for public 
     assistance by a State (as defined in section 101(a)(36) of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a)(36)) or 
     any political subdivision of such State, which furnishes such 
     assistance.
       (f) Termination.--The Secretary may terminate the H-2C 
     nonimmigrant status of an alien described in subsection (a) 
     if--
       (1) the determines that the alien was not in fact eligible 
     for such status; or
       (2) the alien commits an act that makes the alien removable 
     from the United States.
       (g) Return in Legal Status.--An alien described in 
     subsection (a) who complies with the terms and conditions of 
     H-2C nonimmigrant status and who leaves the United States 
     before the expiration of such status--
       (1) shall not be subject to prosecution under section 
     212(a)(9)(B) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(9)(B)); and
       (2) if otherwise eligible, may immediately seek readmission 
     to the United States as a nonimmigrant or immigrant.
       (h) Statutory Construction.--Nothing in this section, or 
     any amendment made by this section, shall be construed to 
     create any substantive or procedural right or benefit that is 
     legally enforceable by any party against the United States or 
     its agencies or officers or any other person.
       (i) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 4020. Mr. BROWNBACK (for himself and Mr. Lieberman) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:
                  TITLE __--INSPECTIONS AND DETENTIONS

     SEC. __01. SHORT TITLE.

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

     SEC. __02. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) The origin of the United States is that of a land of 
     refuge. Many of our Nation's founders fled here to escape 
     persecution for their political opinion, their ethnicity, and 
     their religion. Since that time, the United States has 
     honored its history and founding values by standing against 
     persecution around the world, offering refuge to those who 
     flee from oppression, and welcoming them as contributors to a 
     democratic society.
       (2) The right to seek and enjoy asylum from persecution is 
     a universal human right and fundamental freedom articulated 
     in numerous international instruments endorsed by the United 
     States, including the Universal Declaration of Human Rights, 
     as well as the 1951 Convention relating to the Status of 
     Refugees and its 1967 Protocol and the Convention Against 
     Torture. United States law also guarantees the right to seek 
     asylum and protection from return to territories where one 
     would have a well-founded fear of persecution on account of 
     one's race, religion, nationality, membership in a particular 
     social group, or political opinion.
       (3) The United States has long recognized that asylum 
     seekers often must flee their persecutors with false 
     documents, or no documents at all. The second person in 
     United States history to receive honorary citizenship by Act 
     of Congress was Swedish diplomat Raoul Wallenberg, in 
     gratitude for his issuance of more than 20,000 false Swedish 
     passports to Hungarian Jews to assist them flee the 
     Holocaust.
       (4) In 1996, Congress amended section 235(b) of the 
     Immigration and Nationality Act, to authorize immigration 
     officers to detain and expeditiously remove aliens without 
     proper documents, if that alien does not have a credible fear 
     of persecution.
       (5) Section 605 of the International Religious Freedom Act 
     of 1998 subsequently authorized the United States Commission 
     on International Religious Freedom to appoint experts to 
     study the treatment of asylum seekers subject to expedited 
     removal.
       (6) The Departments of Justice and Homeland Security fully 
     cooperated with the Commission, which reviewed thousands of 
     previously unreleased statistics, approximately 1,000 files 
     and records of proceeding related to expedited removal 
     proceedings, observed more than 400 inspections, interviewed 
     200 aliens in expedited removal proceedings at 7 ports of 
     entry, and surveyed 19 detention facilities and all 8 asylum 
     offices. The Commission released its findings on February 8, 
     2005.
       (7) Among its major findings, the Commission found that, 
     while the Congress, the Immigration and Naturalization 
     Service, and the Department of Homeland Security developed a 
     number of processes to prevent bona fide asylum seekers from 
     being expeditiously removed, these procedures were routinely 
     disregarded by many immigration officers, placing the asylum 
     seekers at risk, and undermining the reliability of evidence 
     created for immigration enforcement purposes. The specific 
     findings include the following:
       (A) Department of Homeland Security procedures require that 
     the immigration officer

[[Page 8306]]

     read a script to the alien that the alien should ask for 
     protection--without delay--if the alien has any reason to 
     fear being returned home. Yet in more than 50 percent of the 
     expedited removal interviews observed by the Commission, this 
     information was not conveyed to the applicant.
       (B) Department of Homeland Security procedures require that 
     the alien review the sworn statement taken by the immigration 
     officer, make any necessary corrections for errors in 
     interpretation, and then sign the statement.
       The Commission found, however, that 72 percent of the time, 
     the alien signs his sworn statement without the opportunity 
     to review it.
       (C) The Commission found that the sworn statements taken by 
     the officer are not verbatim, are not verifiable, often 
     attribute that information was conveyed to the alien which 
     was never, in fact, conveyed, and sometimes contain questions 
     which were never asked. These sworn statements look like 
     verbatim transcripts but are not. Yet the Commission also 
     found that, in 32 percent of the cases where the immigration 
     judges found the asylum applicant were not credible, they 
     specifically relied on these sworn statements.
       (D) Department of Homeland Security regulations also 
     require that, when an alien expresses a fear of return, he 
     must be referred to an asylum officer to determine whether 
     his fear is ``credible.'' Yet, in nearly 15 percent of the 
     cases which the Commission observed aliens who expressed a 
     fear of return were nevertheless removed without a referral 
     to an asylum officer.
       (8) The Commission found that the sworn statements taken 
     during expedited removal proceedings were reliable for 
     neither enforcement nor protection purposes because 
     Department of Homeland Security management reviewed only the 
     paperwork created by the interviewing officer. The agency had 
     no national quality assurance procedures to ensure that paper 
     files are an accurate representation of the actual interview. 
     The Commission recommended recording all interviews between 
     Department of Homeland Security officers and aliens subject 
     to expedited removal, and that procedures be established to 
     ensure that these recordings are reviewed to ensure 
     compliance.
       (9) The Commission found that the Immigration and 
     Naturalization Service (INS) issued policy guidance on 
     December 30, 1997, defining criteria for decisions to release 
     asylum seekers from detention. Neither the INS nor the 
     Department of Homeland Security, however, had been following 
     this, or any other discernible criteria, for detaining or 
     releasing asylum seekers. The Study's review of Department of 
     Homeland Security statistics revealed that release rates 
     varied widely, between 5 percent and 95 percent, in different 
     regions.
       (10) In order to promote the most efficient use of 
     detention resources and a humane yet secure approach to 
     detention of aliens with a credible fear of persecution, the 
     Commission urged that the Department of Homeland Security 
     develop procedures to ensure that a release decision is taken 
     at the time of the credible fear determination or as soon as 
     feasible thereafter. Upon a determination that the alien has 
     established credible fear, identity and community ties, and 
     that the alien is not subject to any possible bar to asylum 
     involving violence, misconduct, or threat to national 
     security, the alien should be released from detention pending 
     an asylum determination. The Commission also urged that the 
     Secretary of Homeland Security establish procedures to ensure 
     consistent implementation of release criteria, as well as the 
     consideration of requests to consider new evidence relevant 
     to the determination.
       (11) In 1986, the United States, as a member of the 
     Executive Committee of the United Nations High Commissioner 
     for Refugees, noted that in view of the hardship which it 
     involves, detention of asylum seekers should normally be 
     avoided; that detention measures taken in respect of refugees 
     and asylum-seekers should be subject to judicial or 
     administrative review; that conditions of detention of 
     refugees and asylum seekers must be humane; and that refugees 
     and asylum-seekers shall, whenever possible, not be 
     accommodated with persons detained as criminals.
       (12) The USCIRF Study found that, of non-criminal asylum 
     seekers and aliens detained, the vast majority are detained 
     under inappropriate and potentially harmful conditions in 
     jails and jail-like facilities. This occurs in spite of the 
     development of a small number of successful nonpunitive 
     detention facilities, such as those in Broward County Florida 
     and Berks County, Pennsylvania.
       (13) The Commission found that nearly all of the detention 
     centers where asylum seekers are detained resemble, in every 
     essential respect, conventional jails. Often, aliens with no 
     criminal record are detained alongside criminals and criminal 
     aliens. The standards applied by the Bureau of Immigration 
     and Customs Enforcement for all of their detention facilities 
     are identical to, and modeled after, correctional standards 
     for criminal populations. In some facilities with 
     ``correctional dormitory'' set-ups, there are large numbers 
     of detainees sleeping, eating, going to the bathroom, and 
     showering out in the open in one brightly lit, windowless, 
     and locked room. Recreation in Bureau of Immigration and 
     Customs Enforcement facilities often consists of unstructured 
     activity of no more than 1 hour per day in a small outdoor 
     space surrounded by high concrete walls.
       (14) Immigration detention is civil and should be 
     nonpunitive in nature.
       (15) A study conducted by Physicians for Human Rights and 
     the Bellevue/New York University Program for Survivors of 
     Torture found that the mental health of asylum seekers was 
     extremely poor, and worsened the longer individuals were in 
     detention. This included high levels of anxiety, depression, 
     and post-traumatic stress disorder. The study also raised 
     concerns about inadequate access to health services, 
     particularly mental health services. Asylum seekers 
     interviewed consistently reported being treated like 
     criminals, in violation of international human rights norms, 
     which contributed to worsening of their mental health. 
     Additionally, asylum seekers reported verbal abuse and 
     inappropriate threats and use of solitary confinement.
       (16) The Commission recommended that the secure but 
     nonpunitive detention facility in Broward County Florida 
     Broward provided a more appropriate framework for those 
     asylum seekers who are not appropriate candidates for 
     release.
       (b) Purposes.--The purposes of this Act are the following:
       (1) To ensure that personnel within the Department of 
     Homeland Security follow procedures designed to protect bona 
     fide asylum seekers from being returned to places where they 
     may face persecution.
       (2) To ensure that persons who affirmatively apply for 
     asylum or other forms of humanitarian protection and 
     noncriminal detainees are not subject to arbitrary detention.
       (3) To ensure that asylum seekers, families with children, 
     noncriminal aliens, and other vulnerable populations, who are 
     not eligible for release, are detained under appropriate and 
     humane conditions.

     SEC. _03. DEFINITIONS.

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

[[Page 8307]]

       (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 also 
     include the written statement, in its entirety, being read 
     back to the alien in a language which the alien claims to 
     understand, and the alien affirming the accuracy of the 
     statement or making any corrections thereto.
       (2) Format.--The recordings shall be made in video, audio, 
     or other equally reliable format.
       (d) Interpreters.--The Secretary shall ensure professional 
     certified interpreters are used when the interviewing officer 
     does not speak a language understood by the alien.
       (e) Recordings in Immigration Proceedings.--Recordings of 
     interviews of aliens subject to expedited removal shall be 
     included in the record of proceeding and may be considered as 
     evidence in any further proceedings involving the alien.

     SEC. _05. PROCEDURES GOVERNING DETENTION DECISIONS.

       Section 236 of the Immigration and Nationality Act (8 
     U.S.C. 1226) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) in the first sentence by striking ``Attorney General'' 
     and inserting'' Secretary of Homeland Security'';
       (ii) by striking ``(c)'' and inserting ``(d)''; and
       (iii) in the second sentence by striking ``Attorney 
     General'' and inserting ``Secretary''.
       (B) in paragraph (2)
       (i) by striking ``Attorney General'' in subparagraph (A) 
     and inserting ``Secretary'';
       (ii) by striking ``or'' at the end of subparagraph (A);
       (iii) by striking ``but'' at the end of subparagraph (B); 
     and
       (iv) by inserting after subparagraph (B) the following:
       ``(C) the alien's own recognizance; or
       ``(D) a secure alternatives program as provided for in 
     section ___09 of this title; but'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (c), (d), (e), and (g), respectively;
       (3) by inserting after subsection (a) the following new 
     subsection:
       ``(b) Custody Decisions.--
       ``(1) In general.--In the case of a decision under 
     subsection (a) or (c), the following shall apply:
       ``(A) The decision shall be made in writing and shall be 
     served upon the alien. A decision to continue detention 
     without bond or parole shall specify in writing the reasons 
     for that decision.
       ``(B) The decision shall be served upon the alien within 72 
     hours of the alien's detention or, in the case of an alien 
     subject to section 235 or 241(a)(5) who must establish a 
     credible or reasonable fear of persecution in order to 
     proceed in immigration court, within 72 hours of a positive 
     credible or reasonable fear determination.
       ``(C) An alien subject to this section may at any time 
     after being served with the Secretary's decision under 
     subsections (a) or (c) request a redetermination of that 
     decision by an Immigration Judge. All decisions by the 
     Secretary to detain without bond or parole shall be subject 
     to redetermination by an Immigration Judge within 2 weeks 
     from the time the alien was served with the decision, unless 
     waived by the alien. The alien may request a further 
     redetermination upon a showing of a material change in 
     circumstances since the last redetermination hearing.
       ``(2) Criteria to be considered.--The criteria to be 
     considered by the Secretary and the Attorney General in 
     making a custody decision shall include--
       ``(A) whether the alien poses a risk to public safety or 
     national security;
       ``(B) whether the alien is likely to appear for immigration 
     proceedings; and
       ``(C) any other relevant factors.
       ``(3) Application of subsections (a) and (b).--This 
     subsection and subsection (a) shall apply to all aliens in 
     the custody of the Department of Homeland Security, except 
     those who are subject to mandatory detention under section 
     235(b)(1)(B)(iii)(IV), 236(c), or 236A or who have a final 
     order of removal and have no proceedings pending before the 
     Executive Office for Immigration Review.'';
       (4) in subsection (c), as redesignated--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (B) by striking ``or parole'' and inserting ``, parole, or 
     decision to release;'';
       (5) in subsection (d), as redesignated
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary'' each place it appears; and
       (B) in paragraph (2), by inserting ``or for humanitarian 
     reasons,'' after ``such an investigation,'';
       (6) in subsection (e), as redesignated, by striking 
     ``Attorney General'' and inserting ``Secretary'';
       (7) by inserting after subparagraph (e), as redesignated, 
     the following new subparagraph:
       ``(f) Administrative Review.--If an Immigration Judge's 
     custody decision has been stayed by the action of the 
     Department of Homeland Security, the stay shall expire in 30 
     days, unless the Board of Immigration Appeals before that 
     time, and upon motion, enters an order continuing the 
     stay.''; and
       (8) in subsection (g), as redesignated, by striking 
     ``Attorney General'' and inserting ``Secretary'' each place 
     it appears..

     SEC._06. LEGAL ORIENTATION PROGRAM.

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

     SEC._07. CONDITIONS OF DETENTION.

       (a) In General.--The Secretary shall ensure that standards 
     governing conditions and procedures at detention facilities 
     are fully implemented and enforced, and that all detention 
     facilities comply with the standards.
       (b) Procedures and Standards.--The Secretary shall 
     promulgate new standards, or modify existing detention 
     standards, to improve conditions in detention facilities. The 
     improvements shall address at a minimum the following 
     policies and procedures:
       (1) Fair and humane treatment.--Procedures to ensure that 
     detainees are not subject to degrading or inhumane treatment 
     such as verbal or physical abuse or harassment, sexual abuse 
     or harassment, or arbitrary punishment.
       (2) Limitations on shackling.--Procedures limiting the use 
     of shackling, handcuffing, solitary confinement, and strip 
     searches of detainees to situations where it is necessitated 
     by security interests or other extraordinary circumstances.
       (3) Ivestigation of grievances.--Procedures for the prompt 
     and effective investigation of grievances raised by 
     detainees, including review of grievances by officials of the 
     Department who do not work at the same detention facility 
     where the detainee filing the grievance is detained.
       (4) Access to telephones.--Procedures permitting detainees 
     sufficient access to telephones, and the ability to contact, 
     free of charge, legal representatives, the immigration 
     courts, the Board of Immigration Appeals, and the Federal 
     courts through confidential toll-free numbers.
       (5) Location of facilities.--Location of detention 
     facilities, to the extent practicable, near sources of free 
     or low cost legal representation with expertise in asylum or 
     immigration law.
       (6) Procedures governing transfers of detainees.--
     Procedures governing the transfer of a detainee that take 
     into account--
       (A) the detainee's access to legal representatives; and
       (B) the proximity of the facility to the venue of the 
     asylum or removal proceeding.
       (7) Quality of medical care.--Prompt and adequate medical 
     care provided at no cost to the detainee, including dental 
     care, eye care, mental health care; individual and group 
     counseling, medical dietary needs, and other medically 
     necessary specialized care. Medical facilities in all 
     detention facilities used by the Department maintain current 
     accreditation by the National Commission on Correctional 
     Health Care (NCCHC). Requirements that each medical facility 
     that is not accredited by the Joint Commission on the

[[Page 8308]]

     Accreditation of Health Care Organizations (JCAHO) will seek 
     to obtain such accreditation. Maintenance of complete medical 
     records for every detainee which shall be made available upon 
     request to a detainee, his legal representative, or other 
     authorized individuals.
       (8) Translation capabilities.--The employment of detention 
     facility staff that, to the extent practicable, are qualified 
     in the languages represented in the population of detainees 
     at a detention facility, and the provision of alternative 
     translation services when necessary.
       (9) Recreational programs and activities.--Daily access to 
     indoor and outdoor recreational programs and activities.
       (c) Special Standards for Noncriminal Detainees.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the special characteristics of noncriminal, 
     nonviolent detainees, and ensure that procedures and 
     conditions of detention are appropriate for a noncriminal 
     population; and
       (2) ensure that noncriminal detainees are separated from 
     inmates with criminal convictions, pretrial inmates facing 
     criminal prosecution, and those inmates exhibiting violent 
     behavior while in detention.
       (d) Special Standards for Vulnerable Populations.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the unique needs of asylum seekers, victims 
     of torture and trafficking, families with children, detainees 
     who do not speak English, detainees with special religious, 
     cultural or spiritual considerations, and other vulnerable 
     populations; and
       (2) ensure that procedures and conditions of detention are 
     appropriate for the populations listed in this subsection.
       (e) Training of Personnel.--
       (1) In general.--The Secretary shall ensure that personnel 
     in detention facilities are given specialized training to 
     better understand and work with the. population of detainees 
     held at the facilities where they work. The training should 
     address the unique needs of--
       (A) asylum seekers;
       (B) victims of torture or other trauma; and
       (C) other vulnerable populations.
       (2) Specialized training.--The training required by this 
     subsection shall be designed to better enable personnel to 
     work with detainees from different countries, and detainees 
     who cannot speak English. The training shall emphasize that 
     many detainees have no criminal records and are being held 
     for civil violations.

     SEC._08. OFFICE OF DETENTION OVERSIGHT.

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

     SEC._09. SECURE ALTERNATIVES PROGRAM.

       (a) Establishment of Program.--The Secretary shall 
     establish a secure alternatives program. For purposes of this 
     subsection, the secure alternatives program means a program 
     under which aliens may be released under enhanced supervision 
     to prevent them from absconding, and to ensure that they make 
     required appearances.
       (b) Program Requirements.--
       (1) Nationwide implementation.--The Secretary shall 
     facilitate the development of the secure alternatives program 
     on a nationwide basis, as a continuation of existing 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 eligibile for secure alternatives program.--
       (A) In general.--Aliens who would otherwise be subject to 
     detention based on a consideration of the release criteria in 
     section 236(b)(2), or who are released pursuant to section 
     236(d)(2), shall be considered for the secure alternatives 
     program.
       (B) Design of programs.--Secure alternatives programs shall 
     be designed to ensure sufficient supervision of the 
     population described in subparagraph (A).
       (4) Contracts.--The Department shall enter into contracts 
     with qualified nongovernmental entities to implement the 
     secure alternatives program. In designing the program, the 
     Secretary shall--
       (A) consult with relevant experts; and
       (B) consider programs that have proven successful in the 
     past, including the Appearance Assistance Program developed 
     by the Vera Institute and the Intensive Supervision 
     Appearance Program (ISAP) developed by the Department of 
     Homeland Security.

     SEC._10. LESS RESTRICTIVE DETENTION FACILITIES.

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

[[Page 8309]]

     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 4021. Mr. McCONNELL 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.  . IDENTIFICATION REQUIREMENTS.

       (a) Requirement for Identification Cards To Include 
     Citizenship Information.--Section 7212(b)(2)(D) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 (49 
     U.S.C. 30301 note) is amended by striking ``and'' at the end 
     of clause (vi), by inserting ``and'' at the end of clause 
     (vii), and by adding at the end the following new clause:
       ``(viii) whether the person is a United States citizen;''.
       (b) Identification Required for Voting in Person.--
       (1) In general.--Title III of the Help America Vote Act of 
     2002 (42 U.S.C. 15481 et seq.) is amended by redesignating 
     sections 304 and 305 as sections 305 and 306, respectively, 
     and by inserting after section 305 the following new section:

     ``SEC. 304. IDENTIFICATION OF VOTERS AT THE POLLS.

       ``(a) In General.--Notwithstanding the requirements of 
     section 303(b), each State shall require individuals casting 
     ballots in an election for Federal office in person to 
     present before voting a current valid photo identification 
     which is issued by a governmental entity and which meets the 
     requirements of section 7212 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (49 U.S.C. 30301 note).
       ``(b) Effective Date.--Each State shall be required to 
     comply with the requirements of subsection (a) on and after 
     January 1, 2008.''.
       (2) Conforming amendment.--Section 401 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15511) is amended by striking 
     ``and 303'' and inserting ``303, and 304''.
                                 ______
                                 
  SA 4022. Mr. DOMENICI (for himself, Mr. Kyl, Mr. Cornyn, and Mrs. 
Hutchison) 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._. ADDITIONAL DISTRICT COURT JUDGESHIPS.

       The President shall appoint, by and with the advice and 
     consent of the Senate, such additional district court judges 
     as are necessary to carry out the 2005 recommendations of the 
     Judicial Conference for district courts in which the criminal 
     immigration filings totaled more than 50 per cent of all 
     criminal filings for the 12-month period ending September 30, 
     2004.
                                 ______
                                 
  SA 4023. Mr. DOMENICI submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide 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.  .COOPERATION WITH THE GOVERNMENT OF MEXICO.

       (A) Cooperation Regarding Border Security.--The Secretary 
     of State, in cooperation with the Secretary and 
     representatives of Federal, State, and local law enforcement 
     agencies that are involved in border security and immigration 
     enforcement efforts, shall work with the appropriate 
     officials from the Government of Mexico to improve 
     coordination between the United States and Mexico regarding--
       (1) improved border security along the international border 
     between the United States and Mexico;
       (2) the reduction of human trafficking and smuggling 
     between the United States and Mexico;
       (3) the reduction of drug trafficking and smuggling between 
     the United States and Mexico;
       (4) the reduction of gang membership in the United States 
     and Mexico;
       (5) the reduction of violence against women in the United 
     States and Mexico; and
       (6) the reduction of other violence and criminal activity.
       (b) Cooperation Regarding Education on Immigration Laws.--
     The Secretary of State, in cooperation with other appropriate 
     Federal officials, shall work with the appropriate officials 
     from the Government of Mexico to carry out activities to 
     educate citizens and nationals of Mexico regarding 
     eligibility for status as a non-immigrant under Federal law 
     to ensure that the citizens and nationals are not exploited 
     while working in the United States.
       (c) Cooperation Regarding Circular Migration.--The 
     Secretary of State, in cooperation with the Secretary of 
     Labor and other appropriate Federal officials, shall work 
     with the appropriate officials from the Government of Mexico 
     to improve coordination between the United States and Mexico 
     to encourage circular migration, including assisting in the 
     development of economic opportunities and providing job 
     training for citizens and nationals in Mexico.
       (d) Annual Report.--Not later than 180 days after the date 
     of enactment of this Act, and annually thereafter, the 
     Secretary of State shall submit to Congress a report on the 
     actions taken by the United States and Mexico under this 
     section.
                                 ______
                                 
  SA 4024. Mr. DOMENICI (for himself, Mr. Bingaman, Mr. Kyl, Mr. 
Cornyn, and Mrs. Hutchison) 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) Deputy united states marshals.--In each of the fiscal 
     years 2007 through 2011, the Attorney General shall, subject 
     to the availability of appropriations, increase by not less 
     than 50 the number of positions for full-time active duty 
     Deputy United States Marshals that investigate criminal 
     matters related to immigration.
       On page 9, line 3, strike ``(2)'' and insert the following:
       (2) Deputy united states marshals.--There are authorized to 
     be appropriated to the Attorney General such sums as may be 
     necessary for each of the fiscal years 2007 through 2011 to 
     carry out subsection (a)(3).
       (3)
                                 ______
                                 
  SA 4025. Ms. LANDRIEU (for herself and Mr. DeMint) submitted an 
amendment intended to be proposed by her to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of the bill, 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

[[Page 8310]]

     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 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;
       (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 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 inter-country 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 the 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

[[Page 8311]]

     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, 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 or 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:

[[Page 8312]]



     ``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.
       (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 
     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

[[Page 8313]]

     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 or 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 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 4026. Mr. DeMINT 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:

       (a) At the appropriate place, insert the following:

     SEC.  . VERIFICATION OF CITIZENSHIP FOR VOTER ELIGIBILITY.

       (a) Requiring Provision of Certain Information by 
     Applicants.--
       (1) In general.--Section 303(a)(5)(A) of the Help America 
     Vote Act of 2002 (42 U.S.C. 15483(a)(5)(A)) is amended--
       (A) by redesignating clause (iii) as clause (iv); and
       (B) by inserting after clause (ii) the following new 
     clause:
       ``(iii) Required provision of place of birth and statement 
     of citizenship.--Notwithstanding any other provision of law, 
     an application for voter registration for an election for 
     Federal office may not be accepted or processed by a State 
     unless the application includes the place of birth of the 
     applicant and indicates that the applicant is a United States 
     citizen.''.
       (C) Effective date.--Section 303(d)(1) of the Help America 
     Vote Act of 2002 (42 U.S.C. 15483(d)(I)) is amended--
       (i) in subparagraph (A), by inserting ``and (C)'' after 
     ``subparagraph (B)''; and
       (ii) by adding at the end the following new subparagraph:
       ``(C) Required provision of place of birth and statement of 
     citizenship.--Each State and jurisdiction shall be required 
     to comply with the requirements of subsection (a)(5)(A)(iii) 
     on and after November 1, 2007.''.
       (b) Requiring Federal Verification of Certain 
     Information.--Section 205(r)(8) of the Social Security Act 
     (42 U.S.C. 405(r)(8) is amended--
       (1) in subparagraph (C), by striking ``applications for 
     voter registration,'' and all that follows through the period 
     at the end and inserting ``all applications for voter 
     registration to which section 303(a)(5) of the Help America 
     Vote Act of 2002 applies''; and

[[Page 8314]]

       (2) in subparagraph (D)(i)(I) by inserting ``the place of 
     birth, status as a United States citizen,'' after ``year),''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to applications for voter registration submitted 
     on or after November 1, 2007.
                                 ______
                                 
  SA 4027. Mr. KYL (for himself, Mr. Cornyn, Mr. Graham, Mr. Allen, Mr. 
McCain, Mr. Frist, Mr. Brownback, Mr. Martinez, Mr. Hagel, and Mr. 
Alexander) proposed an amendment to the bill S. 2611, to provide for 
comprehensive immigration reform and for other purposes; as follows:

       On page 358, line 3, insert ``(other than subparagraph 
     (C)(i)(II))'' after ``(9)''.
       On page 359, after line 12 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 alien is subject to section 241(a)(5);
       ``(iv) 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
       ``(v) 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 was ordered removed on the 
     basis that the alien, (1) entered without inspection, (ii) 
     failed to maintain status, or (iii) was ordered removed under 
     212(a)(6)(C)(i) prior to April 7, 2006, and--
       ``(i) demonstrates that the alien did not receive notice of 
     removal proceedings in accordance with paragraph (1) or (2) 
     of section 239(a); or
       ``(ii) establishes that the alien's failure to appear was 
     due to exceptional circumstances beyond the control of the 
     alien; or
       ``(iii) the alien's departure from the U.S. now would 
     result in extreme hardship to the alien's spouse, parent, or 
     child who is a citizen of the United States or an alien 
     lawfully admitted for permanent residence.
       ``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 alien is subject to section 241(a)(5)
       ``(iv) 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
       ``(v) 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 was ordered removed on the 
     basis that the alien
       ``(i) entered without inspection,
       ``(ii) failed to maintain status, or
       ``(iii) was ordered removed under 212(a)(6)(C)(1) prior to 
     April 7, 2006, and--
       ``(I) demonstrates that the alien did not receive notice of 
     removal proceedings in accordance with paragraph (1) or (2) 
     or section 239(a);
       ``(II) establishes that the alien's failure to appear was 
     due to exceptional circumstances beyond the control of the 
     alien, or
       ``(III) the alien's departure from the U.S. now would 
     result in extreme hardship to the alien's spouse, parent, or 
     child who is a citizen of the United States or an alien 
     lawfully admitted for permanent residence.''
                                 ______
                                 
  SA 4028. Mr. FRIST (for Ms. Collins (for herself and Ms. Murkowski)) 
proposed an amendment to the bill S. 879, to make improvements to the 
Arctic Research and Policy Act of 1984; as follows:

       On page 2, strike line 7 and all that follows through the 
     end of the bill.
                                 ______
                                 
  SA 4029. Mr. AKAKA (for himself and Mr. Inouye) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 345, between lines 5 and 6, insert the following:

     SEC. 509. CHILDREN OF FILIPINO WORLD WAR II VETERANS.

       Section 201(b)(1) (8 U.S.C. 1151(b)(1)), as amended by 
     sections 505 and 508, is further amended by adding at the end 
     the following:
       ``(J) Aliens who are eligible for a visa under paragraph 
     (1) or (3) of section 203(a) and are the children of a 
     citizen of the United States who was naturalized pursuant to 
     section 405 of the Immigration Act of 1990 (8 U.S.C. 1440 
     note).''.
                                 ______
                                 
  SA 4030. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       DBeginning on page 431, strike line 16 and all that follows 
     through page 432, line 21, and insert the following:
       ``(D) Temporary work or services.--The employer is seeking 
     to employ a specific number of agricultural workers on a 
     temporary basis.
       ``(E) Offers to united states workers.--The employer has 
     offered or will offer the job to any eligible United States 
     worker who applies and is equally or better qualified for the 
     job for which the nonimmigrant is, or the nonimmigrants are, 
     sought and who will be available at the time and place of 
     need.
       ``(F) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of, and in the course 
     of, the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(2) Job opportunities not covered by collective 
     bargaining agreements.--With respect to a job opportunity 
     that is not covered under a collective bargaining agreement:
       ``(A) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute;
       ``(B) Temporary work or services.--The employer is seeking 
     to employ a specific number of agricultural workers on a 
     temporary basis.
                                 ______
                                 
  SA 4031. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 485, strike line 4 and all that follows 
     through page 491, line 25, and insert the following:
       ``(b) Legal Assistance to H-2A Workers.--The Legal Services 
     Corporation, or any employee or agent of the Legal Services 
     Corporation, may not provide legal assistance to, or on 
     behalf of, any H-2A worker, unless the H-2A worker is present 
     in the United States at the time the legal assistance is 
     provided.
       ``(c) Mediation.--The Legal Services Corporation, or any 
     employee or agent of the

[[Page 8315]]

     Legal Services Corporation may not bring 
     a civil action for damages on behalf of a nonimmigrant 
     described in section 
     101(a)(15)(H)(ii)(a) unless at least 90 days before the date 
     on which the action is brought--
       ``(1) a request has been made to the Federal Mediation and 
     Conciliation Service to assist the parties in reaching a 
     satisfactory resolution of all issues involving all parties 
     to the dispute; and
       ``(2) a mediation has been attempted.
       ``(d) Clarification of Private Property Rights.--The Legal 
     Services Corporation, or any employee or agent of the Legal 
     Services Corporation may not enter the property of an 
     employer of aliens described in section 101(a)(15)(H)(ii)(a) 
     without a prearranged appointment with a specific individual.
       ``(e) Recovering Attorneys' Fees.--In any action under this 
     section, the prevailing party shall have all costs and 
     expenses, including reasonable attorneys' fees, paid for by 
     the losing party, unless the ruling court finds that the 
     payment of such costs and expenses would be manifestly 
     unjust.
                                 ______
                                 
  SA 4032. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 401, line 18, strike ``$100'' and insert 
     ``$1,000''.
                                 ______
                                 
  SA 4033. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 407, strike line 10 and all that follows 
     through page 429, line 7, 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.--On 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 blue card 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 4034. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 409, line 19, strike ``$400'' and insert 
     ``$1,000''.
                                 ______
                                 
  SA 4035. Mr. LIEBERMAN 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 231.
                                 ______
                                 
  SA 4036. Mr. LIEBERMAN 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 129, beginning on line 15, strike all through page 
     130, line 16, and insert the following:
       ``(a) Protection of Vulnerable Persons.--A person who is 
     seeking protection, classification or status, as defined in 
     subsection (b), shall not be prosecuted under section 1028, 
     1542, 1544, 1546 or 1548, of this title, or section 275 or 
     276 of the Immigration and Nationality Act (8 U.S.C. 1325 or 
     1326), in connection with the person's entry or attempted 
     entry into the United States until the person's application 
     for such protection, classification, or status has been 
     adjudicated and denied in accordance with the Immigration and 
     Nationality Act.
       ``(b) Definition.--For purposes of this section, a person 
     who is seeking protection, classification, or status is a 
     person who--
       ``(1) has filed an application 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 of the Code 
     of Federal Regulations, or after apprehension indicates 
     without delay an intention to apply for such protection and 
     promptly files the application;
       ``(2) has been referred for a credible fear interview, a 
     reasonable fear interview, or an asylum-only hearing under 
     section 235 of the Immigration and Nationality Act or title 8 
     of the Code of Federal Regulations; or
       ``(3) applies for 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) of the Immigration and 
     Nationality Act (as in effect on March 31, 1997).
       ``(c) Savings Provision.--Nothing in this section

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