To allow United States citizens under 18 years of age to travel to Canada without a passport, to develop a system to enable United States citizens to take 24 hour excursions to Canada without a passport, and to limit the cost of passport cards or similar alternatives to passports to $20.

TEXT OF AMENDMENTS

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

After section 102, insert the following new section:

SEC. 103. SURVEILLANCE TECHNOLOGIES PROGRAMS.

(a) Aerial Surveillance Program.--
(1) In general.--In conjunction with the border
surveillance plan developed under section 5201 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1701 note), the Secretary, not
later than 90 days after the date of enactment of this Act,
shall develop and implement a program to fully integrate and
utilize aerial surveillance technologies, including unmanned
aerial vehicles, to enhance the security of the international
border between the United States and Canada and the
international border between the United States and Mexico.
The goal of the program shall be to ensure continuous
monitoring of each mile of each such border.
(2) Assessment and consultation requirements.--In
developing the program under this subsection, the Secretary
shall--
(A) consider current and proposed aerial surveillance
technologies;
(B) assess the feasibility and advisability of utilizing
such technologies to address border threats, including an
assessment of the technologies considered best suited to
address respective threats;
(C) consult with the Secretary of Defense regarding any
technologies or equipment, which the Secretary may deploy
along an international border of the United States; and
(D) consult with the Administrator of the Federal Aviation
Administration regarding safety, airspace coordination and
regulation, and any other issues necessary for implementation
of the program.
(3) Additional requirements.--
(A) In general.--The program developed under this
subsection shall include the use of a variety of aerial
surveillance technologies in a variety of topographies and
areas, including populated and unpopulated areas located on
or near an international border of the United States, in
order to evaluate, for a range of circumstances--
(i) the significance of previous experiences with such
technologies in border security or critical infrastructure
protection;
(ii) the cost and effectiveness of various technologies for
border security, including varying levels of technical
complexity; and
(iii) liability, safety, and privacy concerns relating to
the utilization of such technologies for border security.
(4) Continued use of aerial surveillance technologies.--The
Secretary may continue the operation of aerial surveillance
technologies while assessing the effectiveness of the
utilization of such technologies.
(5) Report to congress.--Not later than 180 days after
implementing the program under this subsection, the Secretary
shall submit a report to Congress regarding the program
developed under this subsection. The Secretary shall include
in the report a description of the program together with such
recommendations as the Secretary finds appropriate for
enhancing the program.
(6) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
(b) Integrated and Automated Surveillance Program.--
(1) Requirement for program.--Subject to the availability
of appropriations, the Secretary shall establish a program to
procure additional unmanned aerial vehicles, cameras, poles,
sensors, satellites, radar coverage, and other technologies
necessary to achieve operational control of the international
borders of the United States and to establish a security
perimeter known as a ``virtual fence'' along such
international borders to provide a barrier to illegal
immigration. Such program shall be known as the Integrated
and Automated Surveillance Program.
(2) Program components.--The Secretary shall ensure, to the
maximum extent feasible, the Integrated and Automated
Surveillance Program is carried out in a manner that--
(A) the technologies utilized in the Program are integrated
and function cohesively in an automated fashion, including
the integration of motion sensor alerts and cameras, whereby
a sensor alert automatically activates a corresponding camera
to pan and tilt in the direction of the triggered sensor;
(B) cameras utilized in the Program do not have to be
manually operated;
(C) such camera views and positions are not fixed;
(D) surveillance video taken by such cameras can be viewed
at multiple designated communications centers;
(E) a standard process is used to collect, catalog, and
report intrusion and response data collected under the
Program;
(F) future remote surveillance technology investments and
upgrades for the Program can be integrated with existing
systems;
(G) performance measures are developed and applied that can
evaluate whether the Program is providing desired results and
increasing response effectiveness in monitoring and detecting
illegal intrusions along the international borders of the
United States;
(H) plans are developed under the Program to streamline
site selection, site validation, and environmental assessment
processes to minimize delays of installing surveillance
technology infrastructure;
(I) standards are developed under the Program to expand the
shared use of existing private and governmental structures to
install remote surveillance technology infrastructure where
possible; and
(J) standards are developed under the Program to identify
and deploy the use of nonpermanent or mobile surveillance
platforms that will increase the Secretary's mobility and
ability to identify illegal border intrusions.
(3) Report to congress.--Not later than 1 year after the
initial implementation of the Integrated and Automated
Surveillance Program, the Secretary shall submit to Congress
a report regarding the Program. The Secretary shall include
in the report a description of the Program together with any
recommendation that the Secretary finds appropriate for
enhancing the program.
(4) Evaluation of contractors.--
(A)  Requirement for standards.--The Secretary shall
develop appropriate standards to evaluate the performance of
any contractor providing goods or services to carry out the
Integrated and Automated Surveillance Program.
(B) Review by the inspector general.--The Inspector General
of the Department shall timely review each new contract
related to the Program that has a value of more than
$5,000,000, to determine whether such contract fully complies
with applicable cost requirements, performance objectives,
program milestones, and schedules. The Inspector General
shall report the findings of such review to the Secretary in
a timely manner. Not later than 30 days after the date the
Secretary receives a report of findings from the Inspector
General, the Secretary shall submit to the Committee on
Homeland Security and Governmental Affairs of the Senate and
the Committee on Homeland Security of the House of
Representatives a report of such findings and a description
of any the steps that the Secretary has taken or plans to
take in response to such findings.
(5) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this subsection.
Strike section 102(a).
SA 3221. Mr. NELSON of Florida submitted an amendment intended to be
proposed to amendment SA 3192 submitted by Mr. Specter (for himself,
Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to amend the Immigration
and

[[Page S2738]]

Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

Strike section 233 and insert the following:

SEC. 233. DETENTION OF ILLEGAL ALIENS.

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

On page 6, line 18, strike ``500'' and insert ``1,500''.
On page 7, line 2, strike ``1000'' and insert ``2,000''.
On page 7, line 10, strike ``200'' and insert ``400''.
On page 8, strike lines 9 through 15 and insert the
following:
preceding fiscal year), by 4,000 for each of fiscal years
2006 through 2011.
On page 8, after line 26, add the following:
(c) Detention and Removal Officers.--
(1) In general.--During each of the fiscal years 2007
through 2011, the Secretary shall, subject to the
availability of appropriations for such purposes, designate a
Detention and Removal officer to be placed in each Department
field office whose sole responsibility will be to ensure
safety and security at a detention facility and that each
detention facility comply with the standards and regulations
required by paragraphs (2), (3), and (4).
(2) Codification of detention operations.--In order to
ensure uniformity in the safety and security of all
facilities used or contracted by the Secretary to hold alien
detainees and to ensure the fair treatment and access to
counsel of all alien detainees, not later than 180 days after
the date of the enactment of this Act, the Secretary shall
issue the provisions of the Detention Operations Manual of
the Department, including all amendments made to such Manual
since it was issued in 2000, as regulations for the
Department. Such regulations shall be subject to the notice
and comment requirements of subchapter II of chapter 5 of
title 5, United States Code (commonly referred to as the
Administrative Procedure Act) and shall apply to all
facilities used by the Secretary to hold detainees for more
than 72 hours.
(3) Detention standards for nuclear family units and
certain non-criminal aliens.--For all facilities used or
contracted by the Secretary to hold aliens, the regulations
described in paragraph (2) shall--
(A) provide for sight and sound separation of alien
detainees without any criminal convictions from criminal
inmates and pretrial detainees facing criminal prosecution;
and
(B) establish specific standards for detaining nuclear
family units together and for detaining non-criminal
applicants for asylum, withholding of removal, or protection
under the Convention Against Torture and Other Cruel, Inhuman
or Degrading Treatment or Punishment, done at New York
December 10, 1984, in civilian facilities cognizant of their
special needs.
(4) Legal orientation to ensure effective removal
process.--All alien detainees shall receive legal orientation
presentations from an independent non-profit agency as
implemented by the Executive Office for Immigration Review of
the Department of Justice in order to both maximize the
efficiency and effectiveness of removal proceedings and to
reduce detention costs.
(d) Legal Personnel.--During each of fiscal years 2007
through 2011, the Secretary shall, subject to the
availability of appropriations, increase the number of
positions for attorneys in the Office of General Counsel of
the Department by at least 200 to represent the Department in
immigration matters for the fiscal year.

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

(a)  In General.--During each of fiscal years 2007 through
2011, the Attorney General shall, subject to the availability
of appropriations, add--
(1) at least 50 positions for attorneys in the Office of
Immigration Litigation of the Department of Justice for the
fiscal year;
(2) at least 50 United States Attorneys to litigate
immigration cases in the Federal courts for the fiscal year;
(3) at least 200 Deputy United States Marshals to
investigate criminal immigration matters for the fiscal year;
and
(4) at least 50 immigration judges for the fiscal year.
(b) Defense Attorneys.--
(1) In general.--During each of fiscal years 2007 through
2011, the Director of the Administrative Office of the United
States Courts shall, subject to the availability of
appropriations, add at least 200 attorneys in the Federal
Defenders Program for the fiscal year.
(2) Pro bono representation.--The Attorney General shall
also take all necessary and reasonable steps to ensure that
alien detainees receive appropriate pro bono representation
in immigration matters.

[[Page S2739]]

(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Attorney General for each of fiscal
years 2007 through 2011 such sums as are necessary to carry
out this section, including the costs of hiring necessary
support staff.
On page 171, between lines 17 and 18, insert the following:

SEC. 234. DETENTION POLICY.

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

At the appropriate place, insert the following:

SEC. __. TRAVEL TO CANADA.

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

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

At the end, add the following:

TITLE VII--WARTIME TREATMENT STUDY ACT

SEC. 701. SHORT TITLE.

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

SEC. 702. FINDINGS.

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

SEC. 703. DEFINITIONS.

In this title:
(1) During world war ii.--The term ``during World War II''
refers to the period between September 1, 1939, through
December 31, 1948.
(2) European americans.--
(A) In general.--The term ``European Americans'' refers to
United States citizens and permanent resident aliens of
European

[[Page S2740]]

ancestry, including Italian Americans, German Americans,
Hungarian Americans, Romanian Americans, and Bulgarian
Americans.
(B) Italian americans.--The term ``Italian Americans''
refers to United States citizens and permanent resident
aliens of Italian ancestry.
(C) German americans.--The term ``German Americans'' refers
to United States citizens and permanent resident aliens of
German ancestry.
(3) European latin americans.--The term ``European Latin
Americans'' refers to persons of European ancestry, including
Italian or German ancestry, residing in a Latin American
nation during World War II.

CHAPTER 1--COMMISSION ON WARTIME TREATMENT OF EUROPEAN AMERICANS

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

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

SEC. 712. DUTIES OF THE EUROPEAN AMERICAN COMMISSION.

(a) In General.--It shall be the duty of the European
American Commission to review the United States Government's
wartime treatment of European Americans and European Latin
Americans as provided in subsection (b).
(b) Scope of Review.--The European American Commission's
review shall include the following:
(1) A comprehensive review of the facts and circumstances
surrounding United States Government actions during World War
II that violated the civil liberties of European Americans
and European Latin Americans pursuant to the Alien Enemies
Acts (50 U.S.C. 21-24), Presidential Proclamations 2526,
2527, 2655, 2662, Executive Orders 9066 and 9095, and any
directive of the United States Government pursuant to such
law, proclamations, or executive orders respecting the
registration, arrest, exclusion, internment, exchange, or
deportment of European Americans and European Latin
Americans. This review shall include an assessment of the
underlying rationale of the United States Government's
decision to develop related programs and policies, the
information the United States Government received or acquired
suggesting the related programs and policies were necessary,
the perceived benefit of enacting such programs and policies,
and the immediate and long-term impact of such programs and
policies on European Americans and European Latin Americans
and their communities.
(2) A review of United States Government action with
respect to European Americans pursuant to the Alien Enemies
Acts (50 U.S.C. 21-24) and Executive Order 9066 during World
War II, including registration requirements, travel and
property restrictions, establishment of restricted areas,
raids, arrests, internment, exclusion, policies relating to
the families and property that excludees and internees were
forced to abandon, internee employment by American companies
(including a list of such companies and the terms and type of
employment), exchange, repatriation, and deportment, and the
immediate and long-term effect of such actions, particularly
internment, on the lives of those affected. This review shall
include a list of all temporary detention and long-term
internment facilities.
(3) A brief review of the participation by European
Americans in the United States Armed Forces including the
participation of European Americans whose families were
excluded, interned, repatriated, or exchanged.
(4) A recommendation of appropriate remedies, including how
civil liberties can be better protected during war, or an
actual, attempted, or threatened invasion or incursion, an
assessment of the continued viability of the Alien Enemies
Acts (50 U.S.C. 21-24), and public education programs related
to the United States Government's wartime treatment of
European Americans and European Latin Americans during World
War II.
(c) Field Hearings.--The European American Commission shall
hold public hearings in such cities of the United States as
it deems appropriate.
(d) Report.--The European American Commission shall submit
a written report of its findings and recommendations to
Congress not later than 18 months after the date of the first
meeting called pursuant to section 711(e).

SEC. 713. POWERS OF THE EUROPEAN AMERICAN COMMISSION.

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

SEC. 714. ADMINISTRATIVE PROVISIONS.

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

SEC. 715. FUNDING.

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

SEC. 716. SUNSET.

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

CHAPTER 2--COMMISSION ON WARTIME TREATMENT OF JEWISH REFUGEES

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

(a) In General.--There is established the Commission on
Wartime Treatment of Jewish Refugees (referred to in this
chapter as the ``Jewish Refugee Commission'').
(b) Membership.--The Jewish Refugee Commission shall be
composed of 7 members, who shall be appointed not later than
90 days after the date of enactment of this Act as follows:

[[Page S2741]]

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

SEC. 722. DUTIES OF THE JEWISH REFUGEE COMMISSION.

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

SEC. 723. POWERS OF THE JEWISH REFUGEE COMMISSION.

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

SEC. 724. ADMINISTRATIVE PROVISIONS.

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

SEC. 725. FUNDING.

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

SEC. 726. SUNSET.

The Jewish Refugee Commission shall terminate 60 days after
it submits its report to Congress.
______

SA 3225. Ms. LANDRIEU submitted an amendment intended to be proposed
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

At the end of the amendment, add the following:

TITLE __--INTERCOUNTRY ADOPTION REFORM

SEC. __01. SHORT TITLE.

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

SEC. __02. FINDINGS; PURPOSES.

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

[[Page S2742]]

(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 intercountry adoption.--Not later
than September 1 of each year, the Secretary of State shall
prepare and submit to Congress an annual report on
intercountry adoption. Each annual report shall include--

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

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

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

(c) Functions of Office.--The Office shall have the
following 7 functions:
(1) Approval of a family to adopt.--To approve or
disapprove the eligibility of a United States citizen to
adopt a child born in a foreign country.
(2) Child adjudication.--To investigate and adjudicate the
status of a child born in a foreign country to determine
whether that child is an adoptable child.
(3) Family services.--To provide assistance to United
States citizens engaged in the intercountry adoption process
in resolving problems with respect to that process and to
track intercountry adoption cases so as to ensure that all
such adoptions are processed in a timely manner.
(4) International policy development.--To advise and
support the Ambassador at Large and other relevant Bureaus of
the Department of State in the development of sound policy
regarding child protection and intercountry adoption.
(5) Central authority.--To assist the Secretary of State in
carrying out duties of the central authority as defined in
section 3 of the Intercountry Adoption Act of 2000 (42 U.S.C.
14902).
(6) Enforcement.--To investigate, either directly or in
cooperation with other appropriate international, Federal,
State, or local entities, improprieties relating to
intercountry adoption, including issues of child protection,
birth family protection, and consumer fraud.
(7) Administration.--To perform administrative functions
related to the functions performed under paragraphs (1)
through (6), including legal functions and congressional
liaison and public affairs functions.
(d) Organization.--
(1) In general.--All functions of the Office shall be
performed by officers employed in a

[[Page S2743]]

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 of the enactment of
this Act.
(e) Continuance of Suit With Substitution of Parties.--If
any Government officer in the official capacity of such
officer is party to a suit with respect to a function of the
officer, and pursuant to this subtitle such function is
transferred to any other officer or office, then such suit
shall be continued with the other officer or the head of such
other office, as applicable, substituted or added as a party.
(f) Administrative Procedure and Judicial Review.--Except
as otherwise provided by this subtitle, any statutory
requirements relating to notice, hearings, action upon the
record, or administrative or judicial review that apply to
any function transferred pursuant to any provision of this
subtitle shall apply to the exercise of such function by the
head of the office, and other officers of the office, to
which such function is transferred pursuant to such
provision.

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

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

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

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

``(a) In General.--A child born outside of the United
States automatically becomes a citizen of the United States--
``(1) if the child is not an adopted child--
``(A) at least 1 parent of the child is a citizen of the
United States, whether by birth or naturalization, who has
been physically present (as determined under subsection (b))
in the United States or its outlying possessions for a period
or periods totaling not less than 5 years, at least 2 of
which were after attaining the age of 14 years; and
``(B) the child is under the age of 18 years; or
``(2) if the child is an adopted child, on the date of the
full and final adoption of the child--
``(A) at least 1 parent of the child is a citizen of the
United States, whether by birth or naturalization, who has
been physically present (as determined under subsection (b))
in the United States or its outlying possessions for a period
or periods totaling not less than 5 years, at least 2 of
which were after attaining the age of 14 years;
``(B) the child is an adoptable child;

[[Page S2744]]

``(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 date of
enactment of this Act, the Secretary of State shall prescribe
such regulations as may be necessary to carry out this
section.

SEC. __24. DEFINITION OF ADOPTABLE CHILD.

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

SEC. __25. APPROVAL TO ADOPT.

(a) In General.--Prior to the issuance of a visa under
section 101(a)(15)(W) of the Immigration and Nationality Act,
as added by section __23(a) of this Act, or the issuance of

[[Page S2745]]

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

SEC. __26. ADJUDICATION OF CHILD STATUS.

(a) In General.--Prior to the issuance of a full and final
adoption decree or a visa under section 101(a)(15)(W) of the
Immigration and Nationality Act, as added by section __23(a)
of this Act--
(1) the Ambassador at Large shall obtain from the competent
authority of the country of the child's residence a
certification, together with documentary support, that the
child sought to be adopted meets the definition of an
adoptable child; and
(2) not later than 15 days after the date of the receipt of
the certification referred to in paragraph (1), the Secretary
of State shall make a final determination on whether the
certification and the documentary support are sufficient to
meet the requirements of this section or whether additional
investigation or information is required.
(b) Process for Determination.--
(1) In general.--The Ambassador at Large shall work with
the competent authorities of the child's country of residence
to establish a uniform, transparent, and efficient process
for the exchange and approval of the certification and
documentary support required under subsection (a).
(2) Notice of intent.--If the Secretary of State determines
that a certification submitted by the competent authority of
the child's country of origin is not readily approvable, the
Ambassador at Large shall--
(A) notify the competent authority and the prospective
adoptive parents, in writing, of the specific reasons why the
certification is not sufficient; and
(B) provide the competent authority and the prospective
adoptive parents the opportunity to address the stated
insufficiencies.
(3) Petitioners right to respond.--Upon receiving a notice
of intent to find that a certification is not readily
approvable, the prospective adoptive parents shall have 30
days to respond to such notice.
(4) Decision.--Not later than 30 days after the date of
receipt of a response submitted under paragraph (3), the
Secretary of State shall reach a final decision regarding the
child's eligibility as an adoptable child. Notice of such
decision must be in writing.
(5) Right to an appeal.--Unfavorable decisions on a
certification may be appealed through the appropriate process
of the Department of State and, after the exhaustion of such
process, to a United States district court.

SEC. __27. FUNDS.

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

Subtitle C--ENFORCEMENT

SEC. __31. CIVIL PENALTIES AND ENFORCEMENT.

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

SEC. __32. CRIMINAL PENALTIES.

Whoever knowingly and willfully commits a violation
described in paragraph (1) or (2) of section __31(a) shall be
subject to a fine of not more than $250,000, imprisonment for
not more than 5 years, or both.
______

SA 3226. Mr. BOND submitted an amendment intended to be proposed to
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and
Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

On page 316, strike line 2 and all that follows through
``(d)'' on page 317, line 12, and insert the following:
``(iv) an alien described in clause (i) who has been
accepted and plans to attend an accredited graduate program
in mathematics, engineering, technology, or the sciences in
the United States for the purpose of obtaining a master's or
doctorate degree or pursuing post-doctoral studies.''.
(b) Creation of J-STEM Visa Category.--Section
101(a)(15)(J) (8 U.S.C. 1101(a)(15)(J)) is amended to read as
follows:
``(J) an alien with a residence in a foreign country that
the alien has no intention of abandoning who is a bona fide
student, scholar, trainee, teacher, professor, research
assistant, specialist, or leader in a field of specialized
knowledge or skill, or other person of similar description,
and who--
``(i) is coming temporarily to the United States as a
participant in a program (other than a graduate program
described in clause (ii))designated by the Director of the
United States Information Agency, for the purpose of
teaching, instructing or lecturing, studying, observing,
conducting research, consulting, demonstrating special
skills, or receiving training and who, if coming to the
United States to participate in a program under which the
alien will receive graduate medical education or training,
also meets the requirements of section 212(j), and the alien
spouse and minor children of any such alien if accompanying
the alien or following to join the alien; or
``(ii) has been accepted and plans to attend an accredited
graduate program in mathematics, engineering, technology, or
the physical or life sciences in the United States for the
purpose of obtaining a master's or doctorate degree or
pursuing post-doctoral studies.''.
(c) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C.
1184(b)) is amended by striking ``subparagraph (L) or (V)''
and inserting ``subparagraph (F)(iv), (J)(ii), (L), or (V)''.
(d) Requirements for F-4 or J-STEM Visa.--Section 214(m) (8
U.S.C. 1184(m)) is amended--
(1) by inserting before paragraph (1) the following:
``(m) Nonimmigrant Elementary, Secondary, and Post-
Secondary School Students.--''; and
(2) by adding at the end the following:
``(3) A visa issued to an alien under subparagraph (F)(iv)
or (J)(ii) of section 101(a)(15) shall be valid--
``(A) during the intended period of study in a graduate
program described in such section;
``(B) for an additional period, not to exceed 1 year after
the completion of the graduate program, if the alien is
actively pursuing an offer of employment related to the
knowledge and skills obtained through the graduate program;
and
``(C) for the additional period necessary for the
adjudication of any application for labor certification,
employment-based immigrant petition, and application under
section 245(a)(2) to adjust such alien's status to that of an
alien lawfully admitted for permanent residence, if such
application for labor certification or employment-based
immigrant petition has been filed not later than 1 year after
the completion of the graduate program.''.
(e) Waiver of Foreign Residence Requirement.--Section
212(e) (8 U.S.C. 1182(e)) is amended--
(1) by inserting ``(1)'' before ``No person'';
(2) by striking ``admission (i) whose'' and inserting the
following: ``admission--
``(A) whose'';
(3) by striking ``residence, (ii) who'' and inserting the
following: ``residence;

[[Page S2746]]

``(B) who'';
(4) by striking ``engaged, or (iii) who'' and inserting the
following: ``engaged; or
``(C) who'';
(5) by striking ``training, shall'' and inserting the
following: ``training,
``shall'';
(6) by striking ``United States: Provided, That upon'' and
inserting the following: ``United States.
``(2) Upon'';
(7) by striking ``section 214(l): And provided further,
That, except'' and inserting the following: ``section 214(l).
``(3) Except''; and
(8) by adding at the end the following:
``(4) An alien who qualifies for adjustment of status under
section 214(m)(3)(C) shall not be subject to the 2-year
foreign residency requirement under this subsection.''.
(f)
On page 319, line 1, strike ``(e)'' and insert ``(g)''.
On page 320, strike line 3 and all that follows through
``(f)'' on line 21, and insert the following:
``(A) the alien has been issued a visa or otherwise
provided nonimmigrant status under subparagraph (J)(ii) or
(F)(iv) of section 101(a)(15), or would have qualified for
such nonimmigrant status if subparagraph (J)(ii) or (F)(iv)
of section 101(a)(15) had been enacted before such alien's
graduation;
``(B) the alien has earned a master's or doctorate degree
or completed post-doctoral studies in the sciences,
technology, engineering, or mathematics;
``(C) the alien is the beneficiary of a petition filed
under subparagraph (E) or (F) of section 204(a)(1); and
``(D) a fee of $2,000 is remitted to the Secretary on
behalf of the alien.
``(3) Limitation.--An application for adjustment of status
filed under this section may not be approved until an
immigrant visa number becomes available.''.
(h)
On page 321, lines 14 and 15, strike ``an advanced degree''
and insert ``a master's or doctorate degree, or completed
post-doctoral studies,''.
On page 322, line 18, strike ``an advanced degree'' and
insert ``a master's or doctorate degree, or completed post-
doctoral studies,''.
On page 323, line 23, strike ``an advanced degree'' and
insert ``a master's or doctorate degree, or completed post-
doctoral studies,''.
______

SA 3227. Mr. CHAMBLISS submitted an amendment intended to be proposed
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

On page 351, line 11, strike ``863 hours or''.
______

SA 3228. Mr. CHAMBLISS submitted an amendment intended to be proposed
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

On page 362, line 19, strike ``$400'' and insert ``$1000''.
______

SA 3229. Mr. CHAMBLISS submitted an amendment intended to be proposed
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

On page 354, line 18, strike ``$100'' and insert ``$1000''.
______

SA 3230. Mr. CHAMBLISS submitted an amendment intended to be proposed
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

On page 350, line 22, strike ``1'' and insert ``8''.
______

SA 3231. Mr. CHAMBLISS submitted an amendment intended to be proposed
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

On page 360, beginning on line 10, strike all through page
381, line 11.
______

SA 3232. Mr. CHAMBLISS (for himself, and Mr. Isakson) submitted an
amendment intended to be proposed to amendment SA 3192 submitted by Mr.
Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to
amend the Immigration and Nationality Act to provide for comprehensive
reform and for other purposes; which was ordered to lie on the table;
as follows:

Beginning on page 405 of the amendment, strike line 1 and
all that follows through line 9 on page 407, and insert the
following:
``(A) In general.--An employer applying for workers under
section 218(a) shall offer to pay, and shall pay, all workers
in the occupation for which the employer has applied for
workers, not less (and is not required to pay more) than the
greater of the prevailing wage in the occupation in the area
of intended employment or the applicable State minimum
wage.''.
______

SA 3233. Mr. CHAMBLISS submitted an amendment intended to be proposed
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

Beginning on page 355, strike line 15 and all that follows
through page 360, line 9, and insert the following:
(3) Civil penalties.--
(A) In general.--If the Secretary finds, after notice and
opportunity for a hearing, that an employer of an alien
granted blue card status has failed to provide the record of
employment required under subsection (a)(5) or has provided a
false statement of material fact in such a record, the
employer shall be subject to a civil money penalty in an
amount not to exceed $1,000 per violation.
(B) Limitation.--The penalty applicable under subparagraph
(A) for failure to provide records shall not apply unless the
alien has provided the employer with evidence of employment
authorization granted under this section.
______

SA 3234. Mr. CHAMBLISS submitted an amendment intended to be proposed
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

On page 353, lines 8 and 9, strike ``3 or more
misdemeanors'' and insert ``misdemeanor''.
______

SA 3235. Mr. CHAMBLISS submitted an amendment intended to be proposed
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

Beginning on page 391, strike line 6 and all that follows
through page 392, line 23.
______

SA 3236. Mr. CHAMBLISS submitted an amendment intended to be proposed
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

Beginning on page 360, strike line 10 and all that follows
through page 381, line 11, and insert the following:
(c) Period of Authorized Admission.--
(1) In general.--An alien may be granted blue card status
for a period not to exceed 2 years.
(2) Return to country.--At the end of the period described
in paragraph (1), the alien shall return to the country of
nationality or last residence of the alien.
(3) Eligibility for nonimmigrant visa.--Upon return to the
country of nationality or last residence of the alien under
paragraph (2), the alien may apply for any nonimmigrant visa.
(d) Loss of Employment.--
(1) In general.--The blue card status of an alien shall
terminate if the alien is not employed for at least 60
consecutive days.
(2) Return to country.--An alien whose period of authorized
admission terminates under paragraph (1) shall return to the
country of nationality or last residence of the alien.
(e) Prohibition of Change or Adjustment of Status.--
(1) In general.--An alien with blue card status shall not
be eligible to change or adjust status in the United States.
(2) Loss of eligibility.--An alien with blue card status
shall lose the status if the alien--
(A) files a petition to adjust status to legal permanent
residence in the United States; or
(B) requests a consular processing for an immigrant or
nonimmigrant visa outside the United States.

[[Page S2747]]

______

SA 3237. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and
Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

On page 15, strike lines 5 through 8 and insert the
following:
(c) Study on the Use of Technology to Prevent Unlawful
Immigration.--The Secretary shall conduct a study of
available technology, including radar animal detection
systems, that could be utilized to--
(1) increase the security of the international borders of
the United States; and
(2) permit law enforcement officials to detect and prevent
illegal immigration.
(d) Submission to Congress.--Not later than 6 months after
the date of the enactment of this Act, the Secretary shall
submit to Congress a report, which shall include--
(1) the plan required under subsection (a);
(2) the results of the study carried out under subsection
(c); and
(3) recommendations of the Secretary related to the
efficacy of the technologies studied under subsection (c).
______

SA 3238. Mr. INHOFE submitted an amendment intended to be proposed by
him to the bill S. 2454, to amend the Immigration and Nationality Act
to provide for comprehensive reform and for other purposes; which was
ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. IMMIGRATION TRAINING FOR LAW ENFORCEMENT.

The Assistant Secretary of Homeland Security for the Bureau
of Immigration and Customs Enforcement (ICE) shall maximize
the training provided by ICE by using law-enforcement-
sensitive, secure, encrypted, Web-based e-learning, including
the Distributed Learning Program of the Federal Law
Enforcement Training Center to provide--
(1) basic immigration enforcement training for State,
local, and tribal police officers;
(2) training, mentoring, and updates authorized under
section 287(f)(1) of the Immigration and Nationality Act (8
U.S.C. 1357(g)) through e-learning, to the maximum extent
possible; and
(3) access to ICE information, updates, and notices for ICE
field agents during field deployments.
SA 3239. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and
Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

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

Subtitle E--Immigration Enforcement Training

SEC. 151. IMMIGRATION ENFORCEMENT TRAINING DEMONSTRATION
PROJECT.

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

[[Page S2748]]

the e-learning training course at their own convenience and
to return to the on-line, e-learning Web site for refresher
training and reference; and
(E) the ability of the on-line, e-learning Web site to
safeguard the student officers' private and personal
information while providing supervisors with appropriate
information about student performance and course completion.

SEC. 152. EXPANSION OF PROGRAM.

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

SEC. 153. AUTHORIZATION OF APPROPRIATIONS.

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

SA 3240. Mr. INHOFE submitted an amendment intended to be proposed to
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and
Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

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

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

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

SA 3241. Mr. INHOFE submitted an amendment to be proposed to
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and
Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

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

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

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

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

``515. Federal records, documents, and writings, generally.''.
______

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

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

[[Page S2749]]

(i) except that the alien's actual course of study may
involve a distance learning program, for which the alien is
visiting the United States temporarily for a period not to
exceed 30 days;''.
______

SA 3243. Mr. LAUTENBERG (for himself, Mr. Reid, Mr. Menendez, and
Mrs. Clinton) submitted an amendment intended to be proposed to
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and
Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE --FAMILY HUMANITARIAN RELIEF

SEC __1. SHORT TITLE.

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

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

(a) Adjustment of Status.--
(1) In general.--The status of any alien described in
subsection (b) shall be adjusted by the Secretary of Homeland
Security to that of an alien lawfully admitted for permanent
residence, if the alien--
(A) applies for such adjustment not later than 2 years
after the date on which the Secretary promulgates final
regulations to implement this section; and
(B) is otherwise admissible to the United States for
permanent residence, except in determining such admissibility
the grounds for inadmissibility specified in paragraphs (4),
(5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(2) Rules in applying certain provisions.--
(A) In general.--In the case of an alien described in
subsection (b) who is applying for adjustment of status under
this section--
(i) the provisions of section 241(a)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply;
and
(ii) the Secretary of Homeland Security may grant the alien
a waiver on the grounds of inadmissibility under
subparagraphs (A) and (C) of section 212(a)(9) of such Act (8
U.S.C. 1182(a)(9)).
(B) Standards.--In granting waivers under subparagraph
(A)(ii), the Secretary shall use standards used in granting
consent under subparagraphs (A)(iii) and (C)(ii) of such
section 212(a)(9).
(3) Relationship of application to certain orders.--
(A) Application permitted.--An alien present in the United
States who has been ordered excluded, deported, removed, or
ordered to depart voluntarily from the United States under
any provision of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.) may, notwithstanding such order, apply
for adjustment of status under paragraph (1).
(B) Motion not required.--An alien described in
subparagraph (A) may not be required, as a condition of
submitting or granting such application, to file a separate
motion to reopen, reconsider, or vacate such order.
(C) Effect of decision.--If the Secretary of Homeland
Security grants a request under subparagraph (A), the
Secretary shall cancel the order. If the Secretary renders a
final administrative decision to deny the request, the order
shall be effective and enforceable to the same extent as if
the application had not been made.
(b) Aliens Eligible for Adjustment of Status.--The benefits
provided by subsection (a) shall apply to any alien who--
(1) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on
September 10, 2001;
(2) was, on such date, the spouse, child, dependent son, or
dependent daughter of an alien who--
(A) was lawfully present in the United States as a
nonimmigrant alien described in section 101(a)(15) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(15)) on
such date; and
(B) died as a direct result of a specified terrorist
activity; and
(3) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(c) Stay of Removal; Work Authorization.--
(1) In general.--The Secretary of Homeland Security shall
establish, by regulation, a process by which an alien subject
to a final order of removal may seek a stay of such order
based on the filing of an application under subsection (a).
(2) During certain proceedings.--Notwithstanding any
provision of the Immigration and Nationality Act (8 U.S.C.
1101 et seq.), the Secretary of Homeland Security shall not
order any alien to be removed from the United States, if the
alien is in removal proceedings under any provision of such
Act and has applied for adjustment of status under subsection
(a), except where the Secretary has rendered a final
administrative determination to deny the application.
(3) Work authorization.--The Secretary of Homeland Security
shall authorize an alien who has applied for adjustment of
status under subsection (a) to engage in employment in the
United States during the pendency of such application.
(d) Availability of Administrative Review.--The Secretary
of Homeland Security shall provide to applicants for
adjustment of status under subsection (a) the same right to,
and procedures for, administrative review as are provided
to--
(1) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(2) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).

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

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

SEC. __04. EXCEPTIONS.

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

SEC. __05. EVIDENCE OF DEATH.

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

SEC. __06. DEFINITIONS.

(a) Application of Immigration and Nationality Act
Provisions.--Except as otherwise specifically provided in
this title, the definitions used in the Immigration and
Nationality Act (8 U.S.C. 1101 et seq.), other than the
definitions applicable exclusively to title III of such Act,
shall apply in the administration of this title.
(b) Specified Terrorist Activity.--For purposes of this
title, the term ``specified terrorist activity'' means any
terrorist activity conducted against the Government or the
people of the United States on September 11, 2001.
______

SA 3244. Mr. STEVENS (for himself, Mr. Leahy, and Mr. Jeffords)
submitted an amendment intended to be proposed by him to the bill S.
2454, to amend the Immigration and Nationality Act to provide for
comprehensive reform and for other purposes; which was ordered to lie
on the table; as follows:

At the appropriate place, insert the following:

SEC. __. TRAVEL DOCUMENT PLAN.

Section 7209(b)(1) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1185 note) is amended by
striking ``January 1, 2008'' and inserting ``June 1, 2009''.
______

SA 3245. Mr. HARKIN submitted an amendment intended to be proposed by

[[Page S2750]]

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

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

SEC. 644. GRANT PROGRAM TO ASSIST ELIGIBLE APPLICANTS.

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

SA 3246. Mr. KYL (for himself and Mr. Cornyn) submitted an amendment
intended to be proposed by him to the bill S. 2454, to amend the
Immigration and Nationality Act to provide for comprehensive reform and
for other purposes; which was ordered to lie on the table; as follows:

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

SA 3247. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 2454, to amend the Immigration and Nationality
Act to provide for comprehensive reform and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. PROMOTING CIRCULAR MIGRATION PATTERNS.

(a) Labor Migration Facilitation Programs.--
(1) In general.--The Secretary of State is authorized to
enter into agreements, with the appropriate officials of
foreign governments whose nationals participate in the
temporary guest worker program authorized under section 218A
of the Immigration and Nationality Act, as added by section
403 of this Act, for the purposes of jointly establishing and
administering labor migration facilitation programs.

[[Page S2751]]

(2) Priority.--The Secretary of State shall place a
priority on establishing labor migration facilitation
programs under paragraph (1) with the governments of
countries that have a large number of nationals working as
temporary guest workers in the United States under section
218A of such Act. The Secretary shall enter into such
agreements not later than 3 months after the date of the
enactment of this Act or as soon thereafter as is
practicable.
(3) Elements of program.--A program established under
paragraph (1) may provide for--
(A) the Secretary of State, in conjunction with the
Secretary and the Secretary of Labor, to confer with
appropriate officials of the foreign government to--
(i) establish and implement a program to assist temporary
guest workers from the foreign country to obtain nonimmigrant
status under section 101(a)(15)(H)(ii)(c) of such Act; and
(ii) establish programs to create economic incentives for
aliens to return to their country of origin;
(B) the foreign government to--
(i) monitor the participation of its nationals in the
temporary guest worker program, including departure from and
return to their country of origin;
(ii) develop and promote a reintegration program available
to such individuals upon their return from the United States;
and
(iii) promote or facilitate travel of such individuals
between their country of origin and the United States; and
(C) any other matters that the Secretary of State and the
appropriate officials of the foreign government consider
appropriate to enable nationals of the foreign country who
are participating in the temporary work program to maintain
strong ties to their country of origin.
(b) Bilateral Efforts With Mexico to Reduce Migration
Pressures and Costs.--
(1) Findings.--Congress makes the following findings:
(A) Migration from Mexico to the United States is directly
linked to the degree of economic opportunity and the standard
of living in Mexico.
(B) Mexico comprises a prime source of migration to the
United States.
(C) Remittances from Mexican citizens working in the United
States reached a record high of nearly $17,000,000,000 in
2004.
(D) Migration patterns may be reduced from Mexico to the
United States by addressing the degree of economic
opportunity available to Mexican citizens.
(E) Many Mexican assets are held extra-legally and cannot
be readily used as collateral for loans.
(F) A majority of Mexican businesses are small- or medium-
sized with limited access to financial capital.
(G) These factors constitute a major impediment to broad-
based economic growth in Mexico.
(H) Approximately 20 percent of the population of Mexico
works in agriculture, with the majority of this population
working on small farms rather than large commercial
enterprises.
(I) The Partnership for Prosperity is a bilateral
initiative launched jointly by the President of the United
States and the President of Mexico in 2001, which aims to
boost the social and economic standards of Mexican citizens,
particularly in regions where economic growth has lagged and
emigration has increased.
(J) The Presidents of Mexico and of the United States and
the Prime Minister of Canada, at their trilateral summit on
March 23, 2005, established the Security and Prosperity
Partnership of North America to promote economic growth,
competitiveness, and quality of life throughout North
America.
(2) Sense of congress regarding partnership for
prosperity.--It is the sense of Congress that the United
States and Mexico should accelerate the implementation of the
Security and Prosperity Partnership of North America to help
generate economic growth and improve the standard of living
in Mexico, which will lead to reduced migration, by--
(A) increasing access for poor and under served populations
in Mexico to the financial services sector, including credit
unions;
(B) assisting Mexican efforts to formalize its extra-legal
sector, including the issuance of formal land titles, to
enable Mexican citizens to use their assets to procure
capital;
(C) facilitating Mexican efforts to establish an effective
rural lending system for small- and medium-sized farmers that
will--
(i) provide long term credit to borrowers;
(ii) develop a viable network of regional and local
intermediary lending institutions; and
(iii) extend financing for alternative rural economic
activities beyond direct agricultural production;
(D) expanding efforts to reduce the transaction costs of
remittance flows in order to increase the pool of savings
available to help finance domestic investment in Mexico;
(E) encouraging Mexican corporations to adopt
internationally recognized corporate governance practices,
including anti-corruption and transparency principles;
(F) enhancing Mexican efforts to strengthen governance at
all levels, including efforts to improve transparency and
accountability, and to eliminate corruption, which is the
single biggest obstacle to development;
(G) assisting the Government of Mexico in implementing all
provisions of the Inter-American Convention Against
Corruption (ratified by Mexico on May 27, 1997) and urging
the Government of Mexico to participate fully in the
Convention's formal implementation monitoring mechanism;
(H) helping the Government of Mexico to strengthen
education and training opportunities throughout the country,
with a particular emphasis on improving rural education; and
(I) encouraging the Government of Mexico to create
incentives for persons who have migrated to the United States
to return to Mexico.
(3) Sense of congress regarding bilateral partnership on
health care.--It is the sense of Congress that the Government
of the United States and the Government of Mexico should
enter into a partnership to examine uncompensated and
burdensome health care costs incurred by the United States
due to legal and illegal immigration, including--
(A) increasing health care access for poor and under served
populations in Mexico;
(B) assisting Mexico in increasing its emergency and trauma
health care facilities along the border, with emphasis on
expanding prenatal care in the region along the international
border between the United States and Mexico;
(C) facilitating the return of stable, incapacitated
workers temporarily employed in the United States to Mexico
in order to receive extended, long-term care in their home
country; and
(D) helping the Government of Mexico to establish a program
with the private sector to cover the health care needs of
Mexican nationals temporarily employed in the United States.
______

SA 3248. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 2454, to amend the Immigration and Nationality
Act to provide for comprehensive reform and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. DISCRETIONARY AUTHORITY.

Section 212(i) (8 U.S.C. 1182(i)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1) the following:
``(2)(A) The Secretary of Homeland Security may waive the
application of subsection (a)(6)(C)--
``(i) in the case of an immigrant who is the spouse,
parent, son, or daughter of a United States citizen or of an
alien lawfully admitted for permanent residence, if the
Secretary of Homeland Security determines that the refusal of
admission to the United States of such immigrant alien would
result in extreme hardship to the citizen or lawfully
resident spouse, child, son, daughter, or parent of such an
alien; or
``(ii) in the case of an alien granted classification under
clause (iii) or (iv) of section 204(a)(1)(A) or clause (ii)
or (iii) of section 204(a)(1)(B), if--
``(I) the alien demonstrates extreme hardship to the alien
or the alien's parent or child; and
``(II) such parent or child is a United States citizen, a
lawful permanent resident, or a qualified alien.
``(B) An alien who is granted a waiver under subparagraph
(A) shall pay a $2,000 fine.''.
______

SA 3249. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

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

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

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

[[Page S2752]]

(2) Motions to reopen.--The Secretary of Homeland Security
shall establish procedures for the reopening and
reconsideration of applications for adjustment of status
under the Haitian Refugee Immigration Fairness Act of 1998
that are affected by the amendments under subsection (a).
(3) Relationship of application to certain orders.--Section
902(a)(3) of the Haitian and Immigrant Fairness Act of 1998
shall apply to an alien present in the United States who has
been ordered excluded, deported, removed, or ordered to
depart voluntarily, and who files an application under
paragraph (1), or a motion under paragraph (2), in the same
manner as such section 902(a)(3) applied to aliens filing
applications for adjustment of status under such Act before
April 1, 2000.
______

SA 3250. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 2454, to amend the Immigration and Nationality
Act to provide for comprehensive reform and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. FAMILY UNITY.

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

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

(2) by adding at the end the following:
``(D) Waiver.--
``(i) In general.--The Secretary may waive the application
of subparagraphs (B) and (C) for an alien who is a
beneficiary of a petition filed under section 201 or 203 if
such petition was filed not later than the date of the
enactment of the Comprehensive Immigration Reform Act of
2006.
``(ii) Fine.--An alien who is granted a waiver under clause
(i) shall pay a $2,000 fine.''.
______

SA 3251. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 2454, to amend the Immigration and Nationality
Act to provide for comprehensive reform and for other purposes; which
was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC.__. AMENDING THE AFFIDAVIT OF SUPPORT REQUIREMENTS.

Section 213A (8 U.S.C. 1183a) is amended--
(1) in subsection (a)(1)(A), by striking ``125 percent
of''; and
(2) in subsection (f), by striking ``125 percent of'' each
place it occurs.
______

SA 3252. Mr. KOHL submitted an amendment intended to be proposed to
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and
Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE I--STATE COURT INTERPRETER GRANT PROGRAM

SEC. __1. SHORT TITLE.

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

SEC. __2. FINDINGS.

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

SEC. __3. STATE COURT INTERPRETER PROGRAM.

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

SEC. __4. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated $15,000,000 for
each of the fiscal years 2007 through 2010 to carry out this
title.
______

SA 3253. Mr. LIEBERMAN submitted an amendment intended to be proposed
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy,
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and
Nationality Act to provide for comprehensive reform and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

[[Page S2753]]

TITLE __--INSPECTIONS AND DETENTIONS

SEC. __01. SHORT TITLE.

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

SEC. __02. FINDINGS AND PURPOSES.

(a) Findings.--Congress makes the following findings:
(1) The origin of the United States is that of a land of
refuge. Many of our Nation's founders fled here to escape
persecution for their political opinion, their ethnicity, and
their religion. Since that time, the United States has
honored its history and founding values by standing against
persecution around the world, offering refuge to those who
flee from oppression, and welcoming them as contributors to a
democratic society.
(2) The right to seek and enjoy asylum from persecution is
a universal human right and fundamental freedom articulated
in numerous international instruments ratified by the United
States, including the Universal Declaration of Human Rights,
as well as the 1951 Convention relating to the Status of
Refugees and the Convention Against Torture. United States
law also guarantees the right to seek asylum and protection
from return to territories where one would have a well-
founded fear of persecution on account of one's race,
religion, nationality, membership in a particular social
group, or political opinion.
(3) The United States has long recognized that asylum
seekers often must flee their persecutors with false
documents, or no documents at all. The second person in
United States history to receive honorary citizenship by Act
of Congress was Swedish diplomat Raoul Wallenberg, in
gratitude for his issuance of more than 20,000 false Swedish
passports to Hungarian Jews to assist them flee the
Holocaust.
(4) In 1996, Congress amended section 235(b) of the
Immigration and Nationality Act, to authorize immigration
officers to detain and expeditiously remove aliens without
proper documents, if that alien does not have a credible fear
of persecution.
(5) Section 605 of the International Religious Freedom Act
of 1998 subsequently authorized the United States Commission
on International Religious Freedom to appoint experts to
study the treatment of asylum seekers subject to expedited
removal.
(6) The Departments of Justice and Homeland Security fully
cooperated with the Commission, which reviewed thousands of
previously unreleased statistics, approximately 1,000 files
and records of proceeding related to expedited removal
proceedings, observed more than 400 inspections, interviewed
200 aliens in expedited removal proceedings at seven ports of
entry, and surveyed 19 detention facilities and all eight
asylum offices. The Commission released its findings on
February 8, 2005.
(7) Among its major findings, the Commission found that,
while the Congress, the Immigration and Naturalization
Service, and the Department of Homeland Security developed a
number of processes to prevent bona fide asylum seekers from
being expeditiously removed, these procedures were routinely
disregarded by many immigration officers, placing the asylum
seekers at risk, and undermining the reliability of evidence
created for immigration enforcement purposes. The specific
findings include the following:
(A) Department of Homeland Security procedures require that
the immigration officer read a script to the alien that the
alien should ask for protection--without delay--if the alien
has any reason to fear of being returned home. Yet in more
than 50 percent of the expedited removal interviews observed
by the Commission, this information was not conveyed to the
applicant.
(B) Department of Homeland Security procedures require that
the alien review the sworn statement taken by the immigration
officer, make any necessary corrections for errors in
interpretation, and then sign the statement. The Commission
found, however, that 72 percent of the time, the alien signs
his sworn statement without the opportunity to review it.
(C) The Commission found that the sworn statements taken by
the officer are not verbatim, are not verifiable, often
attribute that information was conveyed to the alien which
was never, in fact, conveyed, and sometimes contain questions
which were never asked. These sworn statements look like
verbatim transcripts but are not. Yet the Commission also
found that, in 32 percent of the cases where the immigration
judges found the asylum applicant were not credible, they
specifically relied on these sworn statements.
(D) Department of Homeland Security regulations also
require that, when an alien expresses a fear of return, he
must be referred to an asylum officer to determine whether
his fear is ``credible.'' Yet, in nearly 15 percent of the
cases which we observed, aliens who expressed a fear of
return were nevertheless removed without a referral to an
asylum officer.
(8) The Commission found that the sworn statements taken
during expedited removal proceedings were reliable for
neither enforcement nor protection purposes because
Department of Homeland Security management reviewed only the
paperwork created by the interviewing officer. The agency had
no national quality assurance procedures to ensure that paper
files are an accurate representation of the actual interview.
The Commission recommended recording all interviews between
Department of Homeland Security officers and aliens subject
to expedited removal, and that procedures be established to
ensure that these recordings are reviewed to ensure
compliance.
(9) The Commission found that the Immigration and
Naturalization Service (INS) issued policy guidance on
December 30, 1997, defining criteria for decisions to
releasing asylum seekers from detention. Neither the INS nor
the Department of Homeland Security, however, had been
following this, or any other discernible criteria, for
detaining or releasing asylum seekers. The Study's review of
Department of Homeland Security statistics revealed that
release rates varied widely, between 5 percent and 95
percent, in different regions.
(10) In order to promote the most efficient use of
detention resources and a humane yet secure approach to
detention of aliens with a credible fear of persecution, the
Commission urged that the Department of Homeland Security
develop procedures to ensure that a release decision is taken
at the time of the credible fear determination or as soon as
or as soon as feasible thereafter. Upon a determination that
the alien has established credible fear, identity and
community ties, and that the alien is not subject to any
possible bar to asylum involving violence, misconduct, or
threat to national security, the alien should be released
from detention pending an asylum determination. The
Commission also urged that the Secretary of Homeland Security
establish procedures to ensure consistent implementation of
release criteria, as well as the consideration of requests to
consider new evidence relevant to the determination.
(11) In 1986, the United States, as a member of the
Executive Committee of the United Nations High Commissioner
for Refugees, noted that in view of the hardship which it
involves, detention of asylum-seekers should normally be
avoided; that detention measures taken in respect of refugees
and asylum-seekers should be subject to judicial or
administrative review; that conditions of detention of
refugees and asylum seekers must be humane; and that refugees
and asylum-seekers shall, whenever possible, not be
accommodated with persons detained as criminals.
(12) The USCIRF Study found that the Department of Homeland
Security detains the vast majority of noncriminal asylum
seekers, as well as other noncriminal aliens, under
inappropriate and potentially harmful conditions in jails and
jail-like facilities. This occurs in spite of the development
of a small number of successful nonpunitive detention
facilities, such as those in Broward County Florida and Berks
County, Pennsylvania.
(13) The Commission found that nearly all of the detention
centers where asylum seekers are detained resemble, in every
essential respect, conventional jails. Often, aliens with no
criminal record are detained alongside criminals and criminal
aliens. The standards applied by Bureau of Immigration and
Customs Enforcement for all of their detention facilities are
identical to, and modeled after, correctional standards for
criminal populations. In some facilities with ``correctional
dormitory'' set-ups, there are large numbers of detainees
sleeping, eating, going to the bathroom, and showering out in
the open in one brightly lit, windowless, and locked room.
Recreation in Bureau of Immigration and Customs Enforcement
facilities often consists of unstructured activity of no more
than one hour per day in a small outdoor space surrounded by
high concrete walls.
(14) A study conducted by Physicians for Human Rights and
the Bellevue/New York University Program for Survivors of
Torture found that the mental health of asylum seekers was
extremely poor, and worsened the longer individuals were in
detention. This included high levels of anxiety, depression,
and post-traumatic stress disorder. The study also raised
concerns about inadequate access to health services,
particularly mental health services. Asylum seekers
interviewed consistently reported being treated like
criminals, in violation of international human rights norms,
which contributed to worsening of their mental health.
Additionally, asylum seekers reported verbal abuse and
inappropriate threats and use of solitary confinement.
(15) The Commission recommended that the secure but
nonpunitive detention facility in Broward County Florida
Broward provided a more appropriate framework for those
asylum seekers who are not appropriate candidates for
release.
(b) Purposes.--The purposes of this Act are the following:
(1) To ensure that personnel within the Department of
Homeland Security follow procedures designed to protect bona
fide asylum seekers from being returned to places where they
may face persecution.
(2) To ensure that persons who affirmatively apply for
asylum or other forms of humanitarian protection and
noncriminal detainees are not subject to arbitrary detention.
(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

[[Page S2754]]

section 235(b)(1)(E) of the Immigration and Nationality Act
(8 U.S.C. 1225(b)(1)(E)).
(2) Asylum seeker.--The term ``asylum seeker'' means any
applicant for asylum under section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) or any alien who indicates an
intention to apply for asylum under that section and does not
include any person with respect to whom a final adjudication
denying asylum has been entered.
(3) Credible fear of persecution.--The term ``credible fear
of persecution'' has the meaning given the term in section
235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)).
(4) Detainee.--The term ``detainee'' means an alien in the
Department's custody held in a detention facility.
(5) Detention facility.--The term ``detention facility''
means any Federal facility in which an asylum seeker, an
alien detained pending the outcome of a removal proceeding,
or an alien detained pending the execution of a final order
of removal, is detained for more than 72 hours, or any other
facility in which such detention services are provided to the
Federal Government by contract, and does not include
detention at any port of entry in the United States.
(6) Immigration judge.--The term ``immigration judge'' has
the meaning given the term in section 101(b)(4) of the
Immigration and Nationality Act (8 U.S.C. 1101(b)(4)).
(7) Standard.--The term ``standard'' means any policy,
procedure, or other requirement.
(8) Vulnerable populations.--The term ``vulnerable
populations'' means classes of aliens subject to the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who
have special needs requiring special consideration and
treatment by virtue of their vulnerable characteristics,
including experiences of, or risk of, abuse, mistreatment, or
other serious harms threatening their health or safety.
Vulnerable populations include the following:
(A) Asylum seekers as described in paragraph (2).
(B) Refugees admitted under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157), and individuals seeking
such admission.
(C) Aliens whose deportation is being withheld under
section 243(h) of the Immigration and Nationality Act (as in
effect immediately before the effective date of section 307
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-612)) or section 241(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)).
(D) Aliens granted or seeking protection under Article 3 of
the United Nations Convention against Torture and other
Cruel, Inhuman, or Degrading Treatment or Punishment.
(E) Applicants for relief and benefits under the
Immigration and Nationality Act pursuant to the amendments
made by the Trafficking Victims Protection Act of 2000
(division A of Public Law 106-386), including applicants for
visas under subparagraph (T) or (U) of section 101(a)(15)).
(F) Applicants for relief and benefits under the
Immigration and Nationality Act pursuant to the amendments
made by the Violence Against Women Act of 2000 (division B of
Public Law 106-386).
(G) Unaccompanied alien children (as defined by 462(g) of
the Homeland Security Act (6 U.S.C. 279(g)).

SEC. __04. RECORDING SECONDARY INSPECTION INTERVIEWS.

(a) In General.--The Secretary shall establish quality
assurance procedures to ensure the accuracy and verifiability
of signed or sworn statements taken by Department of Homeland
Security employees exercising expedited removal authority
under section 235(b) of the Immigration and Nationality Act.
(b) Factors Relating to Sworn Statements.--Any sworn or
signed written statement taken of an alien as part of the
record of a proceeding under section 235(b)(1)(A) of the
Immigration and Nationality Act shall be accompanied by a
recording of the interview which served as the basis for that
sworn statement.
(c) Recordings.--
(1) In general.--The recording of the interview shall
include the written statement, in its entirety, being read
back to the alien in a language which the alien claims to
understand, and the alien affirming the accuracy of the
statement or making any corrections thereto.
(2) Format.--The recordings shall be made in video, audio,
or other equally reliable format.
(d) Interpreters.--The Secretary shall ensure professional
certified interpreters are used when the interviewing officer
does not speak a language understood by the alien.
(e) Recordings in Immigration Proceedings.--Recordings of
interviews of aliens subject to expedited removal shall be
included in the record of proceeding and may be considered as
evidence in any further proceedings involving the alien.

SEC. __05. PROCEDURES GOVERNING DETENTION DECISIONS.

Section 236 of the Immigration and Nationality Act (8
U.S.C. 1226) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting
``the Secretary of Homeland Security or'' before ``the
Attorney General''; and
(B) in paragraph (2)--
(i) by striking ``or'' at the end of subparagraph (A);
(ii) by striking ``but'' at the end of subparagraph (B);
and
(iii) by inserting after subparagraph (B) the following:
``(C) the alien's own recognizance; or
``(D) a secure alternatives program as provided for in
section ___09 of this title; but'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (c), (d), (e), and (f), respectively;
(3) by inserting after subsection (a) the following new
subsection:
``(b) Decisions to Detain.--
``(1) In general.--In the case of a decision to detain
under subsection (a), the following shall apply:
``(A) The decision to detain or release shall be made in
writing and shall be served upon the alien. A decision to
continue detention without bond or parole shall specify in
writing the reasons for that detention.
``(B) An initial decision as to whether to detain or
release shall be served upon the alien within 72 hours of the
alien's detention or, in the case of aliens subject to
section 235(b)(1)(B)(iii)(IV), within 72 hours of the
credible fear determination.
``(C) All decisions to detain shall be subject to
redetermination by an Immigration Judge within 2 weeks from
the time the alien was served with the decision under
subparagraph (B). The alien may request further
redetermination upon the availability of new evidence.
``(D) The criteria to be considered by the Secretary and
the Attorney General in making the release or parole
decisions shall include--
``(i) the alien does not pose a risk to public safety or
national security;
``(ii) the alien has established his identity; and
``(iii) the alien has established a likelihood to appear
for immigration proceedings.
``(2) Applications of subsections (a) and (b).--This
subsection and subsection (a) shall apply to all aliens in
the custody of the Department of Homeland Security who are
not subject to mandatory detention under section
235(b)(1)(B)(iii)(IV), 236(c), or 236A and who do not have a
final order of removal.'';
(4) by amending subsection (c), as redesignated, to read as
follows:
``(c) Revocation of Bond or Parole.--The Secretary may, at
any time, revoke a bond, parole, or decision to release an
alien made under subsection (b), rearrest the alien under the
original warrant, and detain the alien.'';
(5) in subsection (d), as redesignated--
(A) by striking ``Attorney General'' and inserting
``Secretary'' each place it appears; and
(B) in paragraph (2), by inserting ``or for humanitarian
reasons,'' after ``such an investigation,'';
(6) in subsection (e), as redesignated, by striking
``Attorney General'' and inserting ``Secretary''; and
(7) in subsection (f), as redesignated, by striking ``The
Attorney General's discretionary judgment'' and inserting
``The decisions of the Secretary or the Attorney General''.

SEC. __06. LEGAL ORIENTATION PROGRAM.

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

SEC. __07. CONDITIONS OF DETENTION.

(a) In General.--The Secretary shall ensure that standards
governing conditions and procedures at detention facilities
are fully implemented and enforced, and that all detention
facilities comply with the standards.
(b) Procedures and Standards.--The Secretary shall
promulgate new standards, or modify existing detention
standards, to improve conditions in detention facilities. The
improvements shall address at a minimum the following
policies and procedures:
(1) Fair and humane treatment.--Procedures to ensure that
detainees are not subject to degrading or inhumane treatment
such as verbal or physical abuse or harassment, sexual abuse
or harassment, or arbitrary punishment.
(2) Limitations on shackling.--Procedures limiting the use
of shackling, handcuffing, solitary confinement, and strip
searches of detainees to situations where it is necessitated
by security interests or other extraordinary circumstances.
(3) Investigation of grievances.--Procedures for the prompt
and effective investigation of grievances raised by
detainees, including review of grievances by officials of

[[Page S2755]]

the Department who do not work at the same detention facility
where the detainee filing the grievance is detained.
(4) Access to telephones.--Procedures permitting detainees
sufficient access to telephones, and the ability to contact,
free of charge, legal representatives, the immigration
courts, the Board of Immigration Appeals, and the Federal
courts through confidential ``toll-free'' numbers.
(5) Location of facilities.--Location of detention
facilities, to the extent practicable, near sources of free
or low cost legal representation with expertise in asylum or
immigration law.
(6) Procedures governing transfers of detainees.--
Procedures governing the transfer of a detainee that take
into account--
(A) the detainee's access to legal representatives; and
(B) the proximity of the facility to the venue of the
asylum or removal proceeding.
(7) Quality of medical care.--Prompt and adequate medical
care at no cost to the detainee, including dental care, eye
care, mental health care, individual and group counseling,
medical dietary needs, and other medically necessary
specialized care. Medical facilities in all detention
facilities used by the Department that maintain current
accreditation by the National Commission on Correctional
Health Care (NCCHC). Requirements that each medical facility
that is not accredited by the Joint Commission on the
Accreditation of Health Care Organizations (JCAHO) will seek
to obtain such accreditation. Maintenance of complete medical
records for every detainee which shall be made available upon
request to a detainee, his legal representative, or other
authorized individuals.
(8) Translation capabilities.--The employment of detention
facility staff that, to the extent practicable, are qualified
in the languages represented in the population of detainees
at a detention facility, and the provision of alternative
translation services when necessary.
(9) Recreational programs and activities.--Daily access to
indoor and outdoor recreational programs and activities for
all detained asylum seekers.
(c) Special Standards for Noncriminal Detainees.--The
Secretary shall promulgate new standards, or modifications to
existing standards, that--
(1) recognize the special characteristics of noncriminal,
nonviolent detainees, and ensure that procedures and
conditions of detention are appropriate for a noncriminal
population; and
(2) ensure that noncriminal detainees are separated from
inmates with criminal convictions, pretrial inmates facing
criminal prosecution, and those inmates exhibiting violent
behavior while in detention.
(d) Special Standards for Vulnerable Populations.--The
Secretary shall promulgate new standards, or modifications to
existing standards, that--
(1) recognize the unique needs of asylum seekers, victims
of torture and trafficking, families with children, detainees
who do not speak English, detainees with special religious,
cultural or spiritual considerations, and other vulnerable
populations; and
(2) ensure that procedures and conditions of detention are
appropriate for the populations listed in this subsection.
(e) Training of Personnel.--
(1) In general.--The Secretary shall ensure that personnel
in detention facilities are given specialized training to
better understand and work with the population of detainees
held at the facilities where they work. The training should
address the unique needs of--
(A) asylum seekers;
(B) victims of torture or other trauma; and
(C) other vulnerable populations.
(2) Specialized training.--The training required by this
subsection shall be designed to better enable personnel to
work with detainees from different countries, and detainees
who cannot speak English. The training shall emphasize that
many detainees have no criminal records and are being held
for civil violations.

SEC. __08. OFFICE OF DETENTION OVERSIGHT.

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

SEC. __09. SECURE ALTERNATIVES PROGRAM.

(a) Establishment of Program.--The Secretary shall
establish a secure alternatives program. For purposes of this
subsection, the secure alternatives program means a program
under which aliens may be released under enhanced supervision
to prevent them from absconding, and to ensure that they make
required appearances.
(b) Program Requirements.--
(1) Nationwide implementation.--The Secretary shall
facilitate the development of the secure alternatives program
on a nationwide basis, as a continuation of existing pilot
programs such as the Intensive Supervision Appearance Program
(ISAP) developed by the Department of Homeland Security.
(2) Utilization of alternatives.--The program shall utilize
a continuum of alternatives based on the alien's need for
supervision, including placement of the alien with an
individual or organizational sponsor, or in a supervised
group home.
(3) Aliens eligible for secure alternatives program.--
(A) In general.--Aliens who would otherwise be subject to
detention based on a consideration of the release criteria in
section 236(b)(1)(D), or who are released pursuant to section
236(d)(2), shall be considered for the secure alternatives
program.
(B) Design of programs.--Secure alternatives programs shall
be designed to ensure sufficient supervision of the
population described in subparagraph (A).
(4) Contracts.--The Department shall enter into contracts
with qualified nongovernmental entities to implement the
secure alternatives program. In designing the program, the
Secretary shall--
(A) consult with relevant experts; and
(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;

[[Page S2756]]

(D) detainees have ready access to meaningful programmatic
and recreational activities;
(E) detainees are permitted contact visits with legal
representatives, family members, and others;
(F) detainees have access to private toilet and shower
facilities;
(G) prison-style uniforms or jumpsuits are not required;
and
(H) special facilities are provided to families with
children.
(c) Facilities for Families With Children.--For situations
where release or secure alternatives programs are not an
option, the Secretary shall ensure that special detention
facilities are specifically designed to house parents with
their minor children, including ensuring that--
(1) procedures and conditions of detention are appropriate
for families with minor children; and
(2) living and sleeping quarters for parents and minor
children are not physically separated.
(d) Placement in Nonpunitive Facilities.--Priority for
placement in less restrictive facilities shall be given to
asylum seekers, families with minor children, vulnerable
populations, and nonviolent criminal detainees.
(e) Procedures and Standards.--Where necessary, the
Secretary shall promulgate new standards, or modify existing
detention standards, to promote the development of less
restrictive detention facilities.

SEC. __11. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as are
necessary to carry out this title.

SEC. __12. EFFECTIVE DATE.

Except as otherwise provided, this title shall take effect
6 months after the date of the enactment of this Act.
______

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

Strike section 231.
______

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

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

____________________