S.Amdt. 4073Senate109th Congress (2005-2007)

To declare that English is the common and unifying language of the United States, and to preserve and enhance the role of the English language.

Submitted May 18, 2006

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Senate amendment submitted

May 18, 2006

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Senate amendment submitted

May 18, 2006

Floor

Senate amendment proposed (on the floor): Amendment SA 4073 proposed by Senator Salazar.

May 18, 2006

Floor

Senate amendment agreed to: Amendment SA 4073 as modified agreed to in Senate by Yea-Nay Vote. 58 - 39. Record Vote Number: 132.

May 18, 2006

Floor

Roll call votes on amendments in Senate: Amendment SA 4073 as modified agreed to in Senate by Yea-Nay Vote. 58 - 39. Record Vote Number: 132.

May 18, 2006

Floor

Amendment SA 4073 proposed by Senator Salazar. (consideration: CR S4757-4762, S4770; text: CR S4757) To declare that English is the common and unifying language of the United States, and to preserve and enhance the role of the English language.

May 18, 2006

Floor

Amendment SA 4073 as modified agreed to in Senate by Yea-Nay Vote. 58 - 39. Record Vote Number: 132. (text as modified: CR S4761-4762)

May 18, 2006

Text

Submitted

TEXT OF AMENDMENTS

SA 4066. Mr. KENNEDY (for himself, Mr. McCain, and Mr. Graham)
proposed an amendment to the bill S. 2611, to provide for comprehensive
immigration reform and for other purposes; as follows:

On page 295, after line 16 insert the following:
``or
``(iv) the Secretary of Labor determines and certifies that
there are not sufficient United States workers who are able,
willing, qualified, and available to fill the position in
which the alien is, or will be, employed; and
``(v) the alien submits at least 2 documents to establish
current employment, as follows:

``(I) Records maintained by the Social Security
Administration.
``(II) Records maintained by the alien's employer, such as
pay stubs, time sheets, or employment work verification.
``(III) Records maintained by the Internal Revenue Service.
``(IV) Records maintained by any other government agency,
such as worker compensation records, disability records, or
business licensing records.

______

SA 4067. Mr. SALAZAR submitted an amendment intended to be proposed
by him to the bill S. 2611, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

Sec. 161. Declaration of English

English is the common language of the United States that
helps provide unity for the people of the United States.

Sec. 162. Preserving and enhancing the role of the national
language

The Government of the United States shall preserve and
enhance the role of English as the national language of
America. Unless otherwise authorized or provided for by law,
no person has a legal entitlement to services authorized or
provided for by the Federal Government in any language other
than English.
(b) Conforming Amendment.--A The table of chapters for
title 4, United States Code, is amended by adding at the
Language of the Government of the United States.
Section 767. Requirements for Naturalization
(a) Findings.--The Senate makes the following findings:
a. Under United States law (8 USC 1423 (a)), lawful
permanent residents of the United States who have immigrated
from foreign countries must, among other requirements,
demonstrate an understanding of the English language, United
States history and Government, to become citizens of the
United States.
b. The Department of Homeland Security is currently
conducting a review of the testing process used to ensure
prospective United States citizens demonstrate said knowledge
of the English language and United States history and
government for the purpose of redesigning said test.
(b) Definitions.--for purposes of this section only, the
following words are defined:
(1) Key documents.--The term `key documents' means the
documents that established or explained the foundational
principles of democracy in the United States, including the
United States Constitution and the amendments to the
Constitution (particularly the Bill of Rights), the
Declaration of Independence, the Federalist Papers, and the
Emancipation Proclamation.
(2) Key events.--The term `key events' means the critical
turning points in the history of the United States (including
the American Revolution, the Civil War, the world wars of the
twentieth century, the civil rights movement, and the major
court decisions and legislation) that contributed to
extending the promise of democracy in American life.
(3) Key ideas.--The term `key ideas' means the ideas that
shaped the democratic institutions and heritage of the United
States, including the notion of equal justice under the law,
freedom, individualism, human rights, and a belief in
progress.
(4) Key persons.--The term `key persons' means the men and
women who led the United States as founding fathers, elected
officials, scientists, inventors, pioneers, advocates of
equal rights, entrepreneurs, and artists.
(c) Goals for Citizenship Test Redesign.--The Department of
Homeland Security shall establish as goals of the testing
process designed to comply with provisions of [8 USC 1423
(a)] that prospective citizens:
a. demonstrate a sufficient understanding of the English
language for usage in everyday life;
b. demonstrate an understanding of American common values
and traditions, including the principles of the Constitution
of the United States, the Pledge of Allegiance, respect for
the flag of the United States, the National Anthem, and
voting in public elections;
c. demonstrate an understanding of the history of the
United States, including the key events, key persons, key
ideas, and key documents that shaped the institutions and
democratic heritage of the United States; and
d. demonstrate an attachment to the principles of the
Constitution of the United States and the well being and
happiness of the people of the United States; and
e. demonstrate an understanding of the rights and
responsibilities of citizenship in the United States.
(d) Implementation.--The Secretary of Homeland Security
shall implement changes to the testing process designed to
ensure compliance with [8 U.S.C. 1423(a)] not later than
January 1, 2008.
______

SA 4068. Mr. KYL submitted an amendment intended to be proposed by
him to the bill S. 2611, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

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

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

``(aa) bank records;
``(bb) business records;
``(cc) sworn affidavits from non-relatives who have direct
knowledge of the alien's work, including the name, address,
and phone number of the affiant, the nature and duration of
the relationship between the affiant and the alien, and other
verification information; or
``(dd) remittance records.
``(v) Burden of proof.--An alien applying for adjustment of
status under this subsection has the burden of proving by a
preponderance of the evidence that the alien has satisfied
the employment requirements in clause (i).
Beginning on page 366, strike line 9 and all that follows
to page 368, line 16.
On page 374, line 22, insert after ``work'' the following:
``, including the name, address, and phone number of the
affiant, the nature and duration of the relationship between
the affiant and the alien, and other verification
information''.
At page 391, line 25, strike ``deferred mandatory departure
status'' and replace with ``any benefit under this title''.
At page 392, line 12, strike ``deferred mandatory departure
status'' and replace with ``any benefit under this title''.
At page 393, lines 6-7, strike ``deferred mandatory
departure status'' and replace with ``any benefit under this
title.''
At page 393, lines 11-12, strike ``deferred mandatory
departure status'' and replace with ``any benefit under this
title''.
At page 392, lines 8-9, strike ``deferred mandatory
departure status'' and replace with ``any benefit under this
title''.
Insert at page 392, line 23: ``(r) The Secretary of
Homeland Security shall ensure that denials of any benefit
under this title are subject to supervisory review and
approval.''
______

SA 4069. Mr. REED submitted an amendment intended to be proposed by
him to the bill S. 2611, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 348, between lines 21 and 22, insert the following:

``(V) The employment requirement in clause (i)(I) shall not
apply to an individual who is over 59 years of age on the
date of enactment of the Immigrant Accountability Act of
2006.

______

SA 4070. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 2611, to provide for comprehensive immigration
reform

[[Page S4812]]

and for other purposes; which was ordered to lie on the table; as
follows:

At the appropriate place, insert the following:

SEC. __. NUMERICAL LIMITATIONS ON H-2A VISAS.

Section 214(g)(1) (8 U.S.C. 1184(g)(1)), as amended by
sections 408(g) and 508(c)(1), is further amended--
(1) in subparagraph (A)(ix), by striking ``or'' at the end;
(2) in subparagraph (B), by striking ``and'' at the end;
(3) in subparagraph (C), by striking the period at the end
and inserting ``; and''; and
(4) by adding at the end the following:
``(D) under section 101(a)(15)(H)(ii)(a) may not exceed
90,000.''.
______

SA 4071. Mr. BOND (for himself and Mr. Gregg) submitted an amendment
intended to be proposed by him to the bill S. 2611, to provide for
comprehensive immigration reform and for other purposes; which was
ordered to lie on the table; as follows:

On page 336, strike line 14 and all that follows through
``(d)'' on page 337, line 19, and insert the following:
(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
(except in the case of an alien described in clause (ii)) 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 Secretary of
State, 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 the sciences, technology, engineering, or
mathematics in the United States for the purpose of obtaining
an advanced degree.''.
(c) Admission of Nonimmigrants.--Section 214(b) (8 U.S.C.
1184(b)) is amended by striking ``subparagraph (L) or (V)''
and inserting ``subparagraph (F)(iv), (J)(ii), (L), or (V)''.
(d) Requirements for F-4 or J-STEM Visa.--Section 214(m) (8
U.S.C. 1184(m)) is amended--
(1) by inserting before paragraph (1) the following:
``(m) Nonimmigrant Elementary, Secondary, and Post-
Secondary School Students.--''; and
(2) by adding at the end the following:
``(3) A visa issued to an alien under subparagraph (F)(iv)
or (J)(ii) of section 101(a)(15) shall be valid--
``(A) during the intended period of study in a graduate
program described in such section;
``(B) for an additional period, not to exceed 1 year after
the completion of the graduate program, if the alien is
actively pursuing an offer of employment related to the
knowledge and skills obtained through the graduate program;
and
``(C) for the additional period necessary for the
adjudication of any application for labor certification,
employment-based immigrant petition, and application under
section 245(a)(2) to adjust such alien's status to that of an
alien lawfully admitted for permanent residence, if such
application for labor certification or employment-based
immigrant petition has been filed not later than 1 year after
the completion of the graduate program.''.
(e) Waiver of Foreign Residence Requirement.--Section
212(e) (8 U.S.C. 1182(e)) is amended--
(1) by inserting ``(1)'' before ``No person'';
(2) by striking ``admission (i) whose'' and inserting the
following: ``admission--
``(A) whose'';
(3) by striking ``residence, (ii) who'' and inserting the
following: ``residence;
``(B) who'';
(4) by striking ``engaged, or (iii) who'' and inserting the
following: ``engaged; or
``(C) who'';
(5) by striking ``training, shall'' and inserting the
following: ``training,
``shall'';
(6) by striking ``United States: Provided, That upon'' and
inserting the following: ``United States.
``(2) Upon'';
(7) by striking ``section 214(l): And provided further,
That, except'' and inserting the following: ``section 214(l).
``(3) Except''; and
(8) by adding at the end the following:
``(4) An alien who has been issued a visa or otherwise
provided nonimmigrant status under section 101(a)(15)(J)(ii),
or who would have qualified for such nonimmigrant status if
section 101(a)(15)(J)(ii) had been enacted before the
completion of such alien's graduate studies, shall not be
subject to the 2-year foreign residency requirement under
this subsection.''.
(f)
On page 339, line 10, strike ``(e)'' and insert ``(g)''.
On page 340, strike line 12 and all that follows through
``(f)'' on page 341, line 5, 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 the completion
of such alien's graduate studies;
``(B) the alien has earned an advanced degree 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)
______

SA 4072. Mrs. CLINTON (for herself, Mr. Obama, Mrs. Boxer, Mr.
Salazar, and Mr. Schumer) submitted an amendment intended to be
proposed by her to the bill S. 2611, to provide for comprehensive
immigration reform and for other purposes; as follows:

On page 259, line 23, strike ``section 286(c)'' and insert
``section 286(x)''.
On page 264, strike line 13, and insert the following:
``(x) State Impact Assistance Account.--
``(1) Establishment.--There
On page 264, strike line 20, and insert the following:

``218A and 218B.
``(2) State criminal alien assistance program account;
state health and education assistance account.--
``(A) State criminal alien assistance program account.--
``(i) Establishment.--There is established within the State
Impact Aid Account a State Criminal Alien Assistance Program
Account.
``(ii) Deposits.--Notwithstanding any other provision under
this Act, there shall be deposited in the State Criminal
Alien Assistance Program Account 25 percent of all amounts
deposited in the State Impact Aid Account, which shall be
available to the Attorney General to disburse in accordance
with section 241(i).
``(B) State health and education assistance account.--
``(i) Establishment.--There is established within the State
Impact Assistance Account a State Health and Education
Assistance Account.
``(ii) Deposits.--Notwithstanding any other provision under
this Act, there shall be deposited in the State Health and
Education Assistance Account 75 percent of all amounts
deposited in the State Impact Aid Account.
``(3) State impact assistance grant program.--
``(A) Establishment.--Not later than January 1 of each year
beginning after the date of enactment of the Comprehensive
Immigration Reform Act of 2006, the Secretary of Homeland
Security, in cooperation with the Secretary of Health and
Human Services (referred to in this paragraph as the
`Secretary'), shall establish a State Impact Assistance Grant
Program, under which the Secretary shall award grants to
States for use in accordance with subparagraph (D).
``(B) Available funds.--For each fiscal year beginning
after the date of enactment of this subsection, the Secretary
shall use \1/2\ of the amounts deposited into the State
Health and Education Assistance Account under paragraph
2(B)(ii) during the preceding year .
``(C) Allocation.--The Secretary shall allocate grants
under this paragraph as follows:
``(i) Noncitizen population.--

``(I) In general.--Subject to subclause (II), 80 percent
shall be allocated to States on a pro-rata basis according to
the ratio that, based on the most recent year for which data
of the Bureau of the Census exists--

``(aa) the noncitizen population of the State; bears to
``(bb) the noncitizen population of all States.

``(II) Minimum amount.--Notwithstanding the formula under
subclause (I), no State shall receive less than $5,000,000
under this clause.

``(ii) High growth rates.--Twenty percent shall be
allocated on a pro-rata basis among the 20 States with the
largest growth rate in noncitizen population, as determined
by the Secretary, according to the ratio that, based on the
most recent year for which data of the Bureau of the Census
exists--

``(I) the growth rate in the noncitizen population of the
State during the most recent 3-year period for which data is
available; bears to
``(II) the combined growth rate in noncitizen population of
the 20 States during the 3-year period described in subclause
(I).

``(iii) Funding for local entities.--The Secretary shall
require recipients of the State Impact Assistance Grants to
provide units of local governments with not less than 70
percent of the grant funds not later than 180 days after the
State receives grant funding. States shall distribute funds
to units of local government based on demonstrated need and
function.

[[Page S4813]]

``(D) Use of funds.--A State shall use a grant received
under this paragraph to return funds to State and local
governments, organizations, and entities for the costs of
providing health services and educational services to
noncitizens.
``(E) Administration.--A unit of local government,
organization, or entity may provide services described in
subparagraph (D) directly or pursuant to contracts with the
State or another entity, including--
``(i) a unit of local government;
``(ii) a public health provider, such as a hospital,
community health center, or other appropriate entity;
``(iii) a local education agency; and
``(iv) a charitable organization.
``(F) Refusal.--
``(i) In general.--A State may elect to refuse any grant
under this paragraph.
``(ii) Action by secretary.--On receipt of notice of a
State of an election under clause (i), the Secretary shall
deposit the amount of the grant that would have been provided
to the State into the State Impact Assistance Account.
``(G) Reports.--
``(i) In general.--Not later than March 1 of each year,
each State that received a grant under this paragraph during
the preceding fiscal year shall submit to the Secretary a
report in such manner and containing such information as the
Secretary may require, in accordance with clause (ii).
``(ii) Contents.--A report under clause (i) shall include a
description of--

``(I) the services provided in the State using the grant;
``(II) the amount of grant funds used to provide each
service and the total amount available during the applicable
fiscal year from all sources to provide each service; and
``(III) the method by which the services provided using the
grant addressed the needs of communities with significant and
growing noncitizen populations in the State.

``(H) Collaboration.--In promulgating regulations and
issuing guidelines to carry out this paragraph, the Secretary
shall collaborate with representatives of State and local
governments.
``(I) State appropriations.--Funds received by a State
under this paragraph shall be subject to appropriation by the
legislature of the State, in accordance with the terms and
conditions described in this paragraph.
``(J) Exemption.--Notwithstanding any other provision of
law, section 6503(a) of title 31, United States Code, shall
not apply to funds transferred to States under this
paragraph.
``(K) Definition of state.--In this paragraph, the term
`State' means each of--
``(i) the several States of the United States;
``(ii) the District of Columbia;
``(iii) the Commonwealth of Puerto Rico;
``(iv) the Virgin Islands;
``(v) American Samoa; and
``(vi) the Commonwealth of the Northern Mariana Islands.''.
On page 371, line 4, strike ``(B) 10 percent'' and insert
the following:
``(B) 10 percent of such funds shall be deposited in the
State Impact Aid Account in the Treasury in accordance with
section 286(x);
``(C) 5 percent
On page 371, line 8, strike ``(C) 10 percent'' and insert
``(D) 5 percent''.
______

SA 4073. SALAZAR (for himself, Mr. Durbin, Mr. Kennedy, Mr. Bingaman,
and Mr. Reid) submitted an amendment intended to be proposed by him to
the bill. S. 2611, to provide for comprehensive immigration reform and
for other purposes; as follows:

At the appropriate place insert the following
notwithstanding any other provision:

SEC. 161. DECLARATION OF ENGLISH

English is the common and unifying language of the United
States that helps provide unity for the people of the United
States.

SEC. 162. PRESERVING AND ENHANCING THE ROLE OF THE ENGLISH
LANGUAGE

The Government of the United States shall preserve and
enhance the role of English as the common and unifying
language of America. Nothing herein shall diminish or expand
any existing rights under the law of the United States
relative to services or materials provided by the government
of the United States in any language other than English.
For the purposes of this section, law is defined as
including provisions of the U.S. Code the U.S. Constitution,
controlling judicial decisions, regulations, and Presidential
Executive Orders.
(b) Conforming Amendment.--The table of chapters for title
4, United State Code, is amended by adding at the Language of
Government of the United States.
______

SA 4074. Mr. OBAMA (for himself, Mr. Reid, and Mr. Harkin) submitted
an amendment intended to be proposed by him to the bill S. 2611, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

On page 151, between lines 6 and 7, insert the following:
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Director of the Federal Bureau of
Investigations $3,125,000 for each of fiscal years 2007
through 2011 for improving the speed and accuracy of
background and security checks conducted by the Federal
Bureau of Investigations on behalf of the Bureau of
Citizenship and Immigrations Services.
(d) Report on Background and Security Checks.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigations shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report on the background and
security checks conducted by the Federal Bureau of
Investigations on behalf of the Bureau of Citizenship and
Immigrations Services
(2) Content.--The report required under paragraph (1) shall
include--
(A) a description of the background and security check
program;
(B) a statistical breakdown of the background and security
check delays associated with different types of immigration
applications;
(C) a statistical breakdown of the background and security
check delays by applicant country of origin; and
(D) the steps the Federal Bureau of Investigations is
taking to expedite background and security checks that have
been pending for more than 60 days.
______

SA 4075. Mrs. FEINSTEIN (for herself and Mr. Grassley) submitted an
amendment intended to be proposed by her to the bill S. 2611, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

On page 343, strike lines 12 through 24 and insert the
following:
(B) in subparagraph (A)--
(i) in clause (vii), by striking ``each succeeding fiscal
year; or'' and inserting ``each of fiscal years 2004, 2005,
and 2006; and''; and
(ii) by adding after clause (vii) the following:
``(viii) 115,000 in each succeeding fiscal year; or''; and
On page 344, line 7, strike the semicolon at the end and
all that follows through line 24 and insert a period.
______

SA 4076. Mr. ENSIGN (for himself, Mr. Graham, and Mr. Craig)
submitted an amendment intended to be proposed by him to the bill S.
2611, to provide for comprehensive immigration reform and for other
purposes; as follows:

At the end of subtitle C of title I, add the following:

SEC. 133. TEMPORARY NATIONAL GUARD SUPPORT FOR SECURING THE
SOUTHERN LAND BORDER OF THE UNITED STATES.

``(a) Authority To Provide Assistance.--(1) With the
approval of the Secretary of Defense, the Governor of a State
may order any units or personnel of the National Guard of
such State to perform annual training duty under section
502(a) of title 32, United States Code, to carry out in any
State along the southern land border of the United States the
activities authorized in subsection (b), for the purpose of
securing such border. Such duty shall not exceed 21 days in
any year.
(2) With the approval of the Secretary of Defense, the
Governor of a State may order any units or personnel of the
National Guard of such State to perform duty under section
502(f) of title 32, United States Code, to provide command,
control, and continuity of support for units or personnel
performing annual training duty under paragraph (1).
``(b) Authorized Activities.--The activities authorized by
this subsection are any of the following:
``(1) Ground reconnaissance activities;
``(2) Airborne reconnaissance activities;
``(3) Logistical support;
``(4) Provision of translation services and training;
``(5) Administrative support services;
``(6) Technical training services;
``(7) Emergency medical assistance and services;
``(8) Communications services;
``(9) Rescue of aliens in peril;
``(10) Construction of roadways, patrol roads, fences,
barriers, and other facilities to secure the southern land
border of the United States; and
``(11) Ground and air transportation.
``(c) Cooperative Agreements.--Units and personnel of the
National Guard of a State may perform activities in another
State under subsection (a) only pursuant to the terms of
an emergency management assistance compact or other
cooperative arrangement entered into between Governors of
such States for purposes of this section, and only with
the approval of the Secretary of Defense.
``(d) Coordination of Assistance.--The Secretary of
Homeland Security shall, in consultation with the Secretary
of Defense and the Governors of the States concerned,
coordinate the performance of activities under this section
by units and personnel of the National Guard.
``(e) Annual Training.--Annual training duty performed by
members of the National Guard under subsection (a) shall be
appropriate for the units and individual members concerned,
taking into account the types of units and military
occupational specialties of individual members performing
such duty.
``(f) Definitions.--In this section:

[[Page S4814]]

``(1) The term `Governor of a State' means, in the case of
the District of Columbia, the Commanding General of the
National Guard of the District of Columbia.
``(2) The term `State' means each of the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
Guam, and the Virgin Islands.
``(3) The term `State along the southern border of the
United States' means each of the following:
``(A) The State of Arizona.
``(B) The State of California.
``(C) The State of New Mexico.
``(D) The State of Texas.
(g) Duration of Authority.--The authority of this section
shall expire on January 1, 2009.
(h) Prohibition on Direct Participation in Law
Enforcement.--Activities carried out under the authority of
this section shall not include the direct participation of a
member of the National Guard in a search, seizure, arrest, or
similar activity.
(i) Reimbursement.--The Secretary of Homeland Security
shall reimburse the Secretary of Defense for any support
beyond that authorized by subsection (a)(1) that is provided
by the National Guard or the armed forces to components of
the Department of Homeland Security for the purpose of
securing the southern land border of the United States.
______

SA 4077. Mr. BIDEN submitted an amendment intended to be proposed by
him to the bill S. 2611, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 259, strike lines 5 through 8 and insert the
following:
``(1) any relief under section 240A(a), 240A(b)(1), or
240B; or
``(2) nonimmigrant status under section 101(a)(15) (except
subparagraphs (T) and (U)).
______

SA 4078. Mr. BIDEN submitted an amendment intended to be proposed by
him to the bill S. 2611, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. __. RETURN OF TALENT PROGRAM.

(a) Short Title.--This section may be cited as the ``Return
of Talent Act''.
(b) Temporary Return of Aliens to Home Country.--
(1) In general.--Title III (8 U.S.C. 1401 et seq.) is
amended by inserting after section 317 the following:

``TEMPORARY ABSENCE OF PERSONS PARTICIPATING IN THE RETURN OF TALENT
PROGRAM

``Sec. 317A.  (a) In General.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
establish the Return of Talent Program to permit eligible
aliens to temporarily return to the alien's country of
citizenship in order to make a material contribution to that
country if the country is engaged in post-conflict or natural
disaster reconstruction activities, for a period not
exceeding 24 months, unless an exception is granted under
subsection (d).
``(b) Eligible Alien.--An alien is eligible to participate
in the Return of Talent Program established under subsection
(a) if the alien meets the special immigrant description
under section 101(a)(27)(O).
``(c) Family Members.--The spouse, parents, siblings, and
any minor children of an alien who participates in the Return
of Talent Program established under subsection (a) may return
to such alien's country of citizenship with the alien and
reenter the United States with the alien.
``(d) Extension of Time.--The Secretary of Homeland
Security may extend the 24-month period referred to in
subsection (a) upon a showing that circumstances warrant that
an extension is necessary for post-conflict or natural
disaster reconstruction efforts.
``(e) Residency Requirements.--An immigrant described in
section 101(a)(27)(O) who participates in the Return of
Talent Program established under subsection (a), and the
spouse, parents, siblings, and any minor children who
accompany such immigrant to that immigrant's country of
citizenship, shall be considered, during such period of
participation in the program--
``(1) for purposes of section 316(a), physically present
and residing in the United States for purposes of
naturalization within the meaning of that section; and
``(2) for purposes of section 316(b), to meet the
continuous residency requirements in that section.
``(f) Oversight and Enforcement.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
oversee and enforce the requirements of this section.''.
(2) Table of contents.--The table of contents is amended by
inserting after the item relating to section 317 the
following:

``317A. Temporary absence of persons participating in the Return of
Talent Program.''.

(c) Eligible Immigrants.--Section 101(a)(27) (8 U.S.C.
1101(a)(27)), as amended by section 508, is further amended--
(1) in subparagraph (M), by striking ``or'' at the end;
(2) in subparagraph (N), by striking the period and
inserting ``; or''; and
(3) by adding at the end the following:
``(O) an immigrant who--
``(i) has been lawfully admitted to the United States for
permanent residence;
``(ii) demonstrates an ability and willingness to make a
material contribution to the post-conflict or natural
disaster reconstruction in the alien's country of
citizenship; and
``(iii) as determined by the Secretary of State in
consultation with the Secretary of Homeland Security--
``(I) is a citizen of a country in which Armed Forces of
the United States are engaged, or have engaged in the 10
years preceding such determination, in combat or peacekeeping
operations;
``(II) is a citizen of a country where authorization for
United Nations peacekeeping operations was initiated by the
United Nations Security Council during the 10 years preceding
such determination; or
``(III) is a citizen of a country which received, during
the preceding 2 years, funding from the Office of Foreign
Disaster Assistance of the United States Agency for
International Development in response to a declared disaster
in such country by the United States Ambassador, the Chief of
the U.S. Mission, or the appropriate Assistant Secretary of
State, that is beyond the ability of such country's response
capacity and warrants a response by the United States
Government.''.
(d) Report to Congress.--Not later than 2 years after the
date of the enactment of this Act, the Secretary, in
consultation with the Secretary of State, shall submit a
report to Congress, which describes--
(1) the countries of citizenship of the participants in the
Return of Talent Program established under section 317A of
the Immigration and Nationality Act, as added by subsection
(b);
(2) the post-conflict or natural disaster reconstruction
efforts that benefitted, or were made possible, through
participation in the Return of Talent Program; and
(3) any other information that the Secretary determines to
be appropriate.
(e) Regulations.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall promulgate
regulations to carry out this section and the amendments made
by this section.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for fiscal year 2007,
such sums as may be necessary to carry out this section and
the amendments made by this section.
______

SA 4079. Mr. OBAMA (for himself, Mr. Durbin, Mr. Reid, Mr. Harkin,
and Mr. Salazar) submitted an amendment intended to be proposed by him
to the bill S. 2611, to provide for comprehensive immigration reform
and for other purposes; which was ordered to lie on the table; as
follows:

On page 151, between lines 6 and 7, insert the following:
(c) Authorization of Appropriations.--There is authorized
to be appropriated to the Director of the Federal Bureau of
Investigation $3,125,000 for each of fiscal years 2007
through 2011 for improving the speed and accuracy of
background and security checks conducted by the Federal
Bureau of Investigation on behalf of the Bureau of
Citizenship and Immigration Services.
(d) Report on Background and Security Checks.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Federal Bureau
of Investigation shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report, unclassified to the
greatest extent possible with a classified annex, if
necessary on the background and security checks conducted by
the Federal Bureau of Investigation on behalf of the Bureau
of Citizenship and Immigration Services.
(2) Content.--The report required under paragraph (1) shall
include--
(A) a description of the background and security check
program;
(B) a statistical breakdown of the background and security
check delays associated with different types of immigration
applications;
(C) a statistical breakdown of the background and security
check delays by applicant country of origin; and
(D) the steps the Federal Bureau of Investigation is taking
to expedite background and security checks that have been
pending for more than 60 days.
______

SA 4080. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill S. 2611, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 409, between lines 19 and 20, insert the following:
(vi) English language.--The alien has demonstrated an
understanding of the English language as required by section
312(a)(1) of the Immigration and Nationality Act (8 U.S.C.
1423(a)(1)).
______

SA 4081. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 2611, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

[[Page S4815]]

On page 250, strike lines 5 through 10, and insert the
following:
``(a) Authority.--
``(1) In general.--The Secretary of Homeland Security may
grant a temporary visa to an H-2C nonimmigrant during the 5-
year period beginning on the date of the Comprehensive
Immigration Reform Act of 2006 if such nonimmigrant
demonstrates an intent to perform labor or services in the
United States (other than the labor or services described in
clause (i)(b) or (ii)(a) of section 101(a)(15)(H) or
subparagraph (L), (O), (P), or (R)) of section 101(a)(15).
``(2) Sunset.--Notwithstanding any other provision of law,
after the date of end of the 5-year period referred to in
paragraph (1), no alien may be issued a new visa as an H-2C
nonimmigrant for an initial period of authorized admission
under subsection (f)(1). The Secretary of Homeland Security
may continue to issue an extension of a temporary visa issued
to an H-2C nonimmigrant pursuant to such subsection after
such date.
______

SA 4082. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 2611, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 288, line 22, strike the period at the end and
insert ``and stated in such posting that a worker hired for
such opportunity will receive compensation that includes
health insurance that provides benefits that are, at a
minimum, actuarially equivalent to the benefits that the
worker would receive under the State Medicaid plan
established under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.) of the State in which the employment
opportunity will be located if the worker were eligible for
benefits under such plan, as determined by such State.''.

____________________