S.Amdt. 4097Senate109th Congress (2005-2007)

To modify the requirements for confidentiality certain information submitted by an alien seeking an adjustment of status under section 245B.

Submitted May 22, 2006

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Senate amendment not agreed to: Amendment SA 4097 not agreed to in Senate by Yea-Nay Vote. 49 - 49. Record Vote Number: 151.

May 25, 2006

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Senate amendment not agreed to: Amendment SA 4097 not agreed to in Senate by Yea-Nay Vote. 49 - 49. Record Vote Number: 151.

May 25, 2006

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Roll call votes on amendments in Senate: Amendment SA 4097 not agreed to in Senate by Yea-Nay Vote. 49 - 49. Record Vote Number: 151.

May 25, 2006

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Senate amendment proposed (on the floor): Amendment SA 4097 proposed by Senator Cornyn.

May 25, 2006

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Amendment SA 4097 proposed by Senator Cornyn. (consideration: CR S5135-5141; text: CR S5135-5136) To modify the requirements for confidentiality certain information submitted by an alien seeking an adjustment of status under section 245B.

May 25, 2006

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Amendment SA 4097 not agreed to in Senate by Yea-Nay Vote. 49 - 49. Record Vote Number: 151.

May 25, 2006

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Senate amendment submitted

May 22, 2006

Text

Submitted

SA 4097. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 2611, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

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