To replace title VIII of the bill with an amendment to section 214(c) of the Immigration and Nationality Act to impose a fee on employers who hire certain non-immigrants.

SA 2367. Mr. BYRD proposed an amendment to the bill S. 1932, to
provide for reconciliation pursuant to section 202(a) of the concurrent
resolution on the budget for fiscal year 2006 (H. Con. Res. 95); as
follows:

On page 810, strike line 17 and all that follows through
page 816, lines 21, and insert the following:

TITLE VIII--COMMITTEE ON THE JUDICIARY

SEC. 8001. FEES WITH RESPECT TO IMMIGRATION SERVICES FOR
INTRACOMPANY TRANSFEREES.

(a) In General.--Section 214(c) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)) is amended by adding at
the end the following:
``(15)(A) The Secretary of State shall impose a fee on an
employer when an alien files an application abroad for a visa
authorizing initial admission to the United States as a
nonimmigrant described in section 101(a)(15)(L) in order to
be employed by the employer, if the alien is covered under a
blanket petition described in paragraph (2)(A).
``(B) The Secretary of Homeland Security shall impose a fee
on an employer filing a petition under paragraph (1) to--
``(i) initially grant an alien nonimmigrant status under
section 101(a)(15)(L); or
``(ii) extend, for the first time, the stay of an alien
having such status.
``(C) The amount of each fee imposed under subparagraph (A)
or (B) shall be $1,500.
``(D) Fees imposed under subparagraphs (A) and (B)--
``(i) shall apply to principal aliens; and
``(ii) shall not apply to spouses or children who are
accompanying or following to join such principal aliens.
``(E)(i) An employer may not require an alien who is the
beneficiary of the visa or petition for which a fee is
imposed under this paragraph to reimburse, or otherwise
compensate, the employer for part or all of the cost of such
fee.
``(ii) Any person or entity which is determined, after
notice and opportunity for an administrative hearing, to have
violated clause (i) shall be subject to the civil penalty
described in section 274A(g)(2).''.
(b) Conforming Amendment.--Section 286(m) of the
Immigration and Nationality Act (8 U.S.C. 1356(m)) is amended
by inserting ``, including those fees provided for in section
214(c)(15) of such Act,'' after ``all adjudication fees''.
(c) Expenditure Limitation.--Amounts collected under
section 214(c)(15) of the Immigration and Nationality Act, as
added by subsection (a), may not be expended unless
specifically appropriated by an Act of Congress.
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