S.Amdt. 3893

SA 3893. Mr. KIM submitted an amendment intended to be proposed to

[[Page S6655]]

amendment SA 3748 proposed by Mr. Wicker (for himself and Mr. Reed) to
the bill S. 2296, to authorize appropriations for fiscal year 2026 for
military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle F of title X, add the following:

SEC. 1067. ACCESS TO COUNSEL AT INSTALLATIONS OF THE
DEPARTMENT OF DEFENSE.

(a) In General.--Except as provided in subsection (e), the
Secretary of Defense, in coordination with the Secretary of
Homeland Security--
(1) shall ensure prompt access to counsel for aliens
detained by the Government on installations of the Department
of Defense;
(2) shall not require counsel of an alien detained at such
an installation to provide prior notification of intent to
visit such alien at the installation;
(3) with respect to counsel representing an alien detained
at such an installation, may request from such counsel such
information as may be necessary to allow counsel to enter and
exit the installation without delay; and
(4) shall provide counsel and the detained alien concerned
access to a designated location, within the detention
facility at the installation concerned, with a measure of
privacy to discuss sensitive information.
(b) Exception.--The Secretary of Defense may limit access
to installations of the Department of Defense by counsel in
an emergency.
(c) Preservation and Publication of Records.--
(1) In general.--The Secretary of Homeland Security, in
collaboration with the Secretary of Defense, shall maintain a
record of each counsel who seeks access to an alien detained
at an installation of the Department of Defense, including--
(A) the name of the counsel;
(B) an identification of the installation to which counsel
seeks access;
(C) the date and time of arrival of counsel at the
installation;
(D) the date and time at which counsel obtains entry to the
installation, if such entry was obtained; and
(E) in the case of counsel denied entry to the installation
at which an alien is detained, a justification for the
denial.
(2) Public availability.--Not less frequently than daily,
the Secretary of Homeland Security shall, make the record
required by paragraph (1) for the preceding day available to
the public on a website of the Department of Homeland
Security.
(d) Alternative Access.--In a case in which counsel cannot
physically visit an alien detained at an installation of the
Department of Defense whom such counsel represents, the
Secretary of Defense shall provide for an alternate manner by
which counsel and the alien concerned may communicate, such
as by telephone, teleconference, or video teleconference.
(e) Restoration of Legal Access and Representation
Programs.--The Attorney General shall restore funding and
operations for the following legal access and representation
programs of the Executive Office for Immigration Review:
(1) The legal orientation program for detained adults.
(2) The immigration court help desk.
(3) Family group legal orientation.
(4) The counsel for children initiative.
(f) Rule of Construction Regarding Immigration
Enforcement.--Nothing in this Act or any amendment made by
this Act may be construed to authorize the Secretary of
Defense to engage in or support immigration enforcement.
______