S.Amdt. 74

SA 74. Mr. VAN HOLLEN submitted an amendment intended to be proposed
by him to the bill S. 5, to require the Secretary of Homeland Security
to take into custody aliens who have been charged in the United States
with theft, and for other purposes; which was ordered to lie on the
table; as follows:

On page 2, line 5, strike ``Section'' and insert the
following:
(a) In General.--Section
On page 3, between lines 8 and 9, insert the following:
(b) Waiver.--
(1) Authorization.--The Secretary of Homeland Security or
the Attorney General shall waive the mandatory detention
requirement set forth in section 236(c)(1)(E) of the
Immigration and Nationality Act, as added by subsection
(a)(1), upon determining that the implementation of such
requirement would require the diversion of resources away
from the apprehension, detention, and removal of aliens
convicted of violent crimes.
(2) Quarterly assessments.--Not less frequently than
quarterly, the Secretary of Homeland Security or the Attorney
General shall conduct an assessment to determine whether
resources are being diverted from the apprehension,
detention, and removal of violent criminals due to the
implementation of the mandatory detention requirement under
such section 236(c)(1)(E).
(3) Report requirement.--Not later than 90 days after the
first date on which resources are diverted from the
deportation of violent criminals due to the implementation of
the mandatory detention requirement under such section
236(c)(1)(E), the Secretary of Homeland Security, in
consultation with the Attorney General, shall submit a report
to Congress that identifies which resources were so diverted.
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