S.Amdt. 1155

TEXT OF AMENDMENTS

SA 1151. Mr. INHOFE (for himself, Mr. Alexander, Mr. Sessions, Mr.
Enzi, Mr. Chambliss, Mr. Burr, Mr. Isakson, Mr. Bunning, and Mr.
Coleman) submitted an amendment intended to be proposed by him to the
bill S. 1348, to provide for comprehensive immigration reform and for
other purposes; which was ordered to lie on the table; as follows:

Strike section 702 and insert the following:

SEC. 702. ENGLISH AS NATIONAL LANGUAGE.

(a) Short Title.--This section may be cited as the ``S.I.
Hayakawa National Language Amendment Act of 2007''.
(b) In General.--Title 4, United States Code, is amended by
adding at the end the following new chapter:

``CHAPTER 6--LANGUAGE OF THE GOVERNMENT

``Sec.
``161. Declaration of national language.
``162. Preserving and enhancing the role of the national language.
``163. Use of language other than English.

``SEC. 161. DECLARATION OF NATIONAL LANGUAGE.

``English shall be the national language of the Government
of the United States.

``SEC. 162. PRESERVING AND ENHANCING THE ROLE OF THE NATIONAL
LANGUAGE.

``(a) In General.--The Government of the United States
shall preserve and enhance the role of English as the
national language of the United States of America.
``(b) Exception.--Unless specifically provided by statute,
no person has a right, entitlement, or claim to have the
Government of the United States or any of its officials or
representatives act, communicate, perform or provide
services, or provide materials in any language other than
English. If an exception is made with respect to the use of a
language other than English, the exception does not create a
legal entitlement to additional services in that language or
any language other than English.
``(c) Forms.--If any form is issued by the Federal
Government in a language other than English (or such form is
completed in a language other than English), the English
language version of the form is the sole authority for all
legal purposes.

``SEC. 163. USE OF LANGUAGE OTHER THAN ENGLISH.

``Nothing in this chapter shall prohibit the use of a
language other than English.''.
(c) Conforming Amendment.--The table of chapters for title
4, United States Code, is amended by adding at the end the
following new item:

``6. Language of the Government..............................161''.....

[[Page S6485]]

______

SA 1152. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill S. 1348, 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. __. EMPLOYMENT VERIFICATION REQUIREMENT FOR FEDERAL
CONTRACTORS.

(a) In General.--A contractor shall not be eligible to be
awarded a Federal contract for which registration with the
Central Contractor Registration (CCR) database maintained
under subpart 4.11 of the Federal Acquisition Regulation is
required unless the contractor has verified as part of the
Online Representations and Certifications Application (ORCA)
process required under section 4.1201 of such subpart that
the contractor is in compliance with paragraphs (1)(A) and
(2) of section 274A(a) of the Immigration and Nationality Act
(8 U.S.C. 1324A(a)).
(b) Implementation Through the Federal Acquisition
Regulation.--Not later than 180 days after the date of the
enactment of this Act, the Civilian Agency Acquisition
Council and the Defense Acquisition Regulations Council shall
amend the Federal Acquisition Regulation issued under
sections 6 and 25 of the Office of Federal Procurement Policy
Act (41 U.S.C. 405 and 421) to provide for the implementation
of the verification requirement under subsection (a).
(c) Effective Date.--The requirement under subsection (a)
shall apply with respect to contracts entered into on or
after the date that is 180 days after the date of the
enactment of this Act.
______

SA 1153. Mr. DORGAN (for himself and Mrs. Boxer) submitted an
amendment intended to be proposed to amendment SA 1150 proposed by Mr.
Reid (for Mr. Kennedy (for himself and Mr. Specter)) to the bill S.
1348, to provide for comprehensive immigration reform and for other
purposes; as follows:

Strike subtitle A of title IV.
______

SA 1154. Ms. COLLINS submitted an amendment intended to be proposed
by her to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the end of title IV, insert the following:

Subtitle D--H-1B Visa Fraud Prevention

SEC. 431. SHORT TITLE.

This subtitle may be cited as the ``H-1B Visa Fraud
Prevention Act of 2007''.

SEC. 432. H-1B EMPLOYER REQUIREMENTS.

(a) Prohibition of Outplacement.--
(1) In general.--Section 212(n) (8 U.S.C. 1182(n)) is
amended--
(A) in paragraph (1), by amending subparagraph (F) to read
as follows:
``(F) The employer shall not place, outsource, lease, or
otherwise contract for the placement of an alien admitted or
provided status as an H-1B nonimmigrant with another employer
if the worksite of the receiving employer is located in a
different State;'' and
(B) in paragraph (2), by striking subparagraph (E).
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications filed on or after the date of the
enactment of this Act.
(b) Immigration Documents.--Section 204 (8 U.S.C. 1154) is
amended by adding at the end the following:
``(l) Employer To Share All Immigration Paperwork Exchanged
With Federal Agencies.--Not later than 10 working days after
receiving a written request from a former, current, or future
employee or beneficiary, an employer shall provide the
employee or beneficiary with the original (or a certified
copy of the original) of all petitions, notices, and other
written communication exchanged between the employer and the
Department of Labor, the Department of Homeland Security, or
any other Federal agency that is related to an immigrant or
nonimmigrant petition filed by the employer for the employee
or beneficiary.''.

SEC. 433. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

(a) Safeguards Against Fraud and Misrepresentation in
Application Review Process.--Section 212(n)(1) (8 U.S.C.
1182(n)) is amended--
(1) in the undesignated paragraph at the end, by striking
``The employer'' and inserting the following:
``(H) The employer''; and
(2) in subparagraph (H), as designated by paragraph (1) of
this subsection--
(A) by inserting ``and through the Department of Labor's
website, without charge.'' after ``D.C.'';
(B) by inserting ``, clear indicators of fraud,
misrepresentation of material fact,'' after ``completeness'';
(C) by striking ``or obviously inaccurate'' and inserting
``, presents clear indicators of fraud or misrepresentation
of material fact, or is obviously inaccurate'';
(D) by striking ``within 7 days of'' and inserting ``not
later than 14 days after''; and
(E) by adding at the end the following: ``If the
Secretary's review of an application identifies clear
indicators of fraud or misrepresentation of material fact,
the Secretary may conduct an investigation and hearing under
paragraph (2).''.
(b) Investigations by Department of Labor.--Section
212(n)(2) is amended--
(1) in subparagraph (A), by striking ``The Secretary shall
conduct'' and all that follows and inserting ``Upon the
receipt of such a complaint, the Secretary may initiate an
investigation to determine if such a failure or
misrepresentation has occurred.'';
(2) in subparagraph (C)(i)--
(A) by striking ``a condition of paragraph (1)(B), (1)(E),
or (1)(F)'' and inserting ``a condition under subparagraph
(B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)'';
and
(B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``if the Secretary'' and all
that follows and inserting ``with regard to the employer's
compliance with the requirements of this subsection.'';
(B) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and
inserting ``the Secretary of Labor may conduct an
investigation into the employer's compliance with the
requirements of this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(F) by amending clause (v), as redesignated, to read as
follows:
``(v) The Secretary of Labor shall provide notice to an
employer of the intent to conduct an investigation. The
notice shall be provided in such a manner, and shall contain
sufficient detail, to permit the employer to respond to the
allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the
Secretary determines that such compliance would interfere
with an effort by the Secretary to investigate or secure
compliance by the employer with the requirements of this
subsection. A determination by the Secretary under this
clause shall not be subject to judicial review.'';
(G) in clause (vi), as redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of Labor,
after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under
this subsection, the Secretary shall provide interested
parties with notice of such determination and an opportunity
for a hearing in accordance with section 556 of title 5,
United States Code, not later than 120 days after the date of
such determination.''; and
(H) by adding at the end the following:
``(vii) The Secretary of Labor may impose a penalty under
subparagraph (C) if the Secretary, after a hearing, finds a
reasonable basis to believe that--
``(I) the employer has violated the requirements under this
subsection; and
``(II) the violation was not made in good faith.''; and
(4) by striking subparagraph (H).
(c) Information Sharing Between Department of Labor and
Department of Homeland Security.--Section 212(n)(2), as
amended by this section, is further amended by inserting
after subparagraph (G) the following:
``(H) The Director of United States Citizenship and
Immigration Services shall provide the Secretary of Labor
with any information contained in the materials submitted by
H-1B employers as part of the adjudication process that
indicates that the employer is not complying with H-1B visa
program requirements. The Secretary may initiate and conduct
an investigation and hearing under this paragraph after
receiving information of noncompliance under this
subparagraph.''.
(d) Audits.--Section 212(n)(2)(A), as amended by this
section, is further amended by adding at the end the
following: ``The Secretary may conduct surveys of the degree
to which employers comply with the requirements under this
subsection and may conduct annual compliance audits of
employers that employ H-1B nonimmigrants.''.
(e) Penalties.--Section 212(n)(2)(C), as amended by this
section, is further amended--
(1) in clause (i)(I), by striking ``$1,000'' and inserting
``$2,000'';
(2) in clause (ii)(I), by striking ``$5,000'' and inserting
``$10,000''; and
(3) in clause (vi)(III), by striking ``$1,000'' and
inserting ``$2,000''.
(f) Information Provided to H-1B Nonimmigrants Upon Visa
Issuance.--Section 212(n), as amended by this section, is
further amended by inserting after paragraph (2) the
following:
``(3)(A) Upon issuing an H-1B visa to an applicant outside
the United States, the issuing office shall provide the
applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa
to fill.
``(B) Upon the issuance of an H-1B visa to an alien inside
the United States, the officer of the Department of Homeland
Security shall provide the applicant with--

[[Page S6486]]

``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer's obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa
to fill.''.

SEC. 434. H-1B WHISTLEBLOWER PROTECTIONS.

Section 212(n)(2)(C)(iv) (8 U.S.C. 1182(n)(2)(C)(iv)) is
amended--
(1) by inserting ``take, fail to take, or threaten to take
or fail to take, a personnel action, or'' before ``to
intimidate''; and
(2) by adding at the end the following: ``An employer that
violates this clause shall be liable to the employees harmed
by such violation for lost wages and benefits.''.

SEC. 435. FRAUD ASSESSMENT.

Not later than 30 days after the date of the enactment of
this Act, the Director of United States Citizenship and
Immigration Services shall submit to Congress a fraud risk
assessment of the H-1B visa program.
______

SA 1155. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the end of title IV, insert the following:

SEC. 427. REPORT ON THE Y NONIMMIGRANT VISA PROGRAM.

(a) In General.--Not later than 2 years and 2 months after
the date on which the Secretary of Homeland Security makes
the certification described in section 1(a) of this Act, the
Secretary shall report to Congress on the number of Y
nonimmigrant visa holders that return to their foreign
residence, as required under section 218A(j)(3) of the
Immigration and Nationality Act, as added by section 402 of
this Act.
(b) Termination of Y Nonimmigrant Visa Program.--
(1) In general.--If the Secretary of Homeland Security
reports to the Congress under subsection (a) that 15 percent
or more of Y nonimmigrant visa holders provided Y
nonimmigrant visas in the first 2 years after the date on
which the Secretary of Homeland Security makes the
certification described in section 1(a) of this Act do not
comply with the return requirement under section 218A(j)(3)
of the Immigration and Nationality Act, then--
(A) the Y nonimmigrant visa program shall be immediately
terminated; and
(B) section 218A of the Immigration and Nationality Act
shall have no force or effect, except with respect to those Y
immigrant visa holders described under paragraph (2).
(2) Compliant y nonimmigrant visa holders.--If the Y
nonimmigrant visa program is terminated under paragraph (1),
any Y nonimmigrant visa holder who is found to have been in
compliance with the return requirement under section
218A(j)(3) of the Immigration and Nationality Act on the date
of such termination shall be allowed to continue in the
program until the expiration of the period of authorized
admission of such visa holder.
______

SA 1156. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the end of section 419, insert the following:
(e) H-1B Visa Employer Fee.--
(1) In general.--Section 214(c)(9)(B) (8 U.S.C.
1184(c)(9)(B)) is amended by striking ``$1,500'' and
inserting ``$2,000''.
(2) Use of additional fee.--Section 286 (8 U.S.C. 1356) is
amended by inserting after subsection (x), as added by
section 402(b), the following:
``(y) Gifted and Talented Students Education Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the `Gifted and Talented Students Education Account'.
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account 25 percent
of the fees collected under section 214(c)(9)(B).
``(2) Use of fees.--Amounts deposited into the account
established under paragraph (1) shall remain available to the
Secretary of Education until expended for programs and
projects authorized under the Jacob K. Javits Gifted and
Talented Students Education Act of 2001 (20 U.S.C. 7253 et
seq.).''.
______

SA 1157. Mr. VITTER (for himself and Mr. DeMint) submitted an
amendment intended to be proposed by him to the bill S. 1348, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

Strike title VI.

______

SA 1158. Mr. COLEMAN (for himself and Mr. Bond) submitted an
amendment intended to be proposed by him to the bill S. 1348, 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.___. INFORMATION SHARING BETWEEN FEDERAL AND LOCAL LAW
ENFORCEMENT OFFICERS.

(a) Subsection (b) of section 642 of the Illegal
Immigration Reform and Immigrant. Responsibility Act of 1996
(8.U.S.C. 1373) is amended by adding at the end the following
new paragraph:
``(4) Acquiring such information, if the person seeking
such information has probable cause to believe that the
individual is not lawfully present in the United States.''
______

SA 1159. Mr. COLEMAN (for himself and Ms. Collins) submitted an
amendment intended to be proposed by him to the bill S. 1348, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

At the end of title VII, add the following:

SEC. 711. WESTERN HEMISPHERE TRAVEL INITIATIVE IMPROVEMENT.

(a) Certifications.--Section 7209(b)(1) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185
note) is amended--
(1) in subparagraph (B)--
(A) in clause (v)--
(i) by striking ``process'' and inserting ``read''; and
(ii) inserting ``at all ports of entry'' after
``installed'';
(B) in clause (vi), by striking ``and'' at the end;
(C) in clause (vii), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(viii) a pilot program in which not fewer than 1 State
has been initiated and evaluated to determine if an enhanced
driver's license, which is machine-readable and tamper-proof,
not valid for certification of citizenship for any purpose
other than admission into the United States from Canada, and
issued by such State to an individual, may permit the
individual to use the individual's driver's license to meet
the documentation requirements under subparagraph (A) for
entry into the United States from Canada at the land and sea
ports of entry;
``(ix) the report described in subparagraph (C) has been
submitted to the appropriate congressional committees;
``(x) a study has been conducted to determine the number of
passports and passport cards that will be issued as a
consequence of the documentation requirements under
subparagraph (A); and
``(xi) sufficient passport adjudication personnel have been
hired or contracted--

``(I) to accommodate--

``(aa) increased demand for passports as a consequence of
the documentation requirements under subparagraph (A); and
``(bb) a surge in such demand during seasonal peak travel
times; and

``(II) to ensure that the time required to issue a passport
or passport card is not anticipated to exceed 8 weeks.''; and

(2) by adding at the end the following:
``(C) Report.--Not later than 180 days after the initiation
of the pilot program described in subparagraph (B)(viii), the
Secretary of Homeland Security and the Secretary of State
shall submit to the appropriate congressional committees a
report, which includes--
``(i) an analysis of the impact of the pilot program on
national security;
``(ii) recommendations on how to expand the pilot program
to other States;
``(iii) any appropriate statutory changes to facilitate the
expansion of the pilot program to additional States and to
citizens of Canada;
``(iv) a plan to scan individuals participating in the
pilot program against United States terrorist watch lists;
``(v) an evaluation of and recommendations for the type of
machine-readable technology that should be used in enhanced
driver's licenses, based on individual privacy considerations
and the costs and feasibility of incorporating any new
technology into existing driver's licenses;
``(vi) recommendations for improving the pilot program; and
``(vii) an analysis of any cost savings for a citizen of
the United States participating in an enhanced driver's
license program as compared with participating in an
alternative program.''.
(b) Special Rule for Minors.--Section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding
at the end the following new paragraph:
``(3) Special rule for minors.--Notwithstanding any other
provision of law, the Secretary of Homeland Security shall
permit an individual to enter the United States without
providing any evidence of citizenship if the individual--
``(A)(i) is less than 16 years old;
``(ii) is accompanied by the individual's legal guardian;
``(iii) is entering the United States from Canada or
Mexico;
``(iv) is a citizen of the United States or Canada; and
``(v) provides a birth certificate; or
``(B)(i) is less than 18 years old;
``(ii) is traveling under adult supervision with a public
or private school group, religious group, social or cultural
organization,

[[Page S6487]]

or team associated with a youth athletics organization; and
``(iii) provides a birth certificate.''.
(c) Travel Facilitation Initiatives.--Section 7209 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding
at the end the following new subsections:
``(e) State Driver's License and Identification Card
Enrollment Program.--
``(1) In general.--Notwithstanding any other provision of
law and not later than 180 days after the submission of the
report described in subsection (b)(1)(C), the Secretary of
State and the Secretary of Homeland Security shall issue
regulations to establish a State Driver's License and
Identity Card Enrollment Program as described in this
subsection (hereinafter in this subsection referred to as the
`Program') and which allows the Secretary of Homeland
Security to enter into a memorandum of understanding with an
appropriate official of each State that elects to participate
in the Program.
``(2) Purpose.--The purpose of the Program is to permit a
citizen of the United States who produces a driver's license
or identity card that meets the requirements of paragraph (3)
or a citizen of Canada who produces a document described in
paragraph (4) to enter the United States from Canada by land
or sea without providing any other documentation or evidence
of citizenship.
``(3) Admission of citizens of the united states.--A
driver's license or identity card meets the requirements of
this paragraph if--
``(A) the license or card--
``(i) was issued by a State that is participating in the
Program; and
``(ii) is tamper-proof and machine readable; and
``(B) the State that issued the license or card--
``(i) has a mechanism to verify the United States
citizenship status of an applicant for such a license or
card;
``(ii) does not require an individual to include the
individual's citizenship status on such a license or card;
and
``(iii) manages all information regarding an applicant's
United States citizenship status in the same manner as such
information collected through the United States passport
application process and prohibits any other use or
distribution of such information.
``(4) Admission of citizens of canada.--
``(A) In general.--Notwithstanding any other provision of
law, if the Secretary of State and the Secretary of Homeland
Security determine that an identity document issued by the
Government of Canada or by the Government of a Province or
Territory of Canada meets security and information
requirements comparable to the requirements for a driver's
license or identity card described in paragraph (3), the
Secretary of Homeland Security shall permit a citizen of
Canada to enter the United States from Canada using such a
document without providing any other documentation or
evidence of Canadian citizenship.
``(B) Technology standards.--The Secretary of Homeland
Security shall work, to the maximum extent possible, to
ensure that an identification document issued by Canada that
permits entry into the United States under subparagraph (A)
utilizes technology similar to the technology utilized by
identification documents issued by the United States or any
State.
``(5) Authority to expand.--Notwithstanding any other
provision of law, the Secretary of State and the Secretary of
Homeland Security may expand the Program to permit an
individual to enter the United States--
``(A) from a country other than Canada; or
``(B) using evidence of citizenship other than a driver's
license or identity card described in paragraph (3) or a
document described in paragraph (4).
``(6) Relationship to other requirements.--Nothing in this
subsection shall have the effect of creating a national
identity card or a certification of citizenship for any
purpose other than admission into the United States as
described in this subsection.
``(7) State defined.--In this subsection, the term `State'
means any of the several States of the United States, the
Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, the District of Columbia, Guam,
the Virgin Islands of the United States, or any other
territory or possession of the United States.
``(f) Waiver for Intrastate Travel.--The Secretary of
Homeland Security shall accept a birth certificate as proof
of citizenship for any United States citizen who is traveling
directly from one part of a State to a noncontiguous part of
that State through Canada, if such citizen cannot travel by
land to such part of the State without traveling through
Canada, and such travel in Canada is limited to no more than
2 hours.
``(g) Waiver of Pass Card and Passport Execution Fees.--
``(1) In general.--Notwithstanding any other provision of
law, during the 2-year period beginning on the date on which
the Secretary of Homeland Security publishes a final rule in
the Federal Register to carry out subsection (b), the
Secretary of State shall--
``(A) designate 1 facility in each city or port of entry
designated under paragraph (2), including a State Department
of Motor Vehicles facility located in such city or port of
entry if the Secretary determines appropriate, in which a
passport or passport card may be procured without an
execution fee during such period; and
``(B) develop not fewer than 6 mobile enrollment teams
that--
``(i) are able to issue passports or other identity
documents issued by the Secretary of State without an
execution fee during such period;
``(ii) are operated along the northern and southern borders
of the United States; and
``(iii) focus on providing passports and other such
documents to citizens of the United States who live in areas
of the United States that are near such an international
border and that have relatively low population density.
``(2) Designation of cities and ports of entry.--The
Secretary of State shall designate cities and ports of entry
for purposes of paragraph (1)(A) as follows:
``(A) The Secretary shall designate not fewer than 3 cities
or ports of entry that are 100 miles or less from the
northern border of the United States.
``(B) The Secretary shall designate not fewer than 3 cities
or ports of entry that are 100 miles or less from the
southern border of the United States.
``(h) Cost-Benefit Analysis.--Prior to publishing a final
rule in the Federal Register to carry out subsection (b), the
Secretary of Homeland Security shall conduct a complete cost-
benefit analysis of carrying out this section. Such analysis
shall include analysis of--
``(1) any potential costs of carrying out this section on
trade, travel, and the tourism industry; and
``(2) any potential savings that would result from the
implementation of the State Driver's License and Identity
Card Enrollment Program established under subsection (e) as
an alternative to passports and passport cards.
``(i) Report.--During the 2-year period beginning on the
date that is the 3 months after the date on which the
Secretary of Homeland Security begins implementation of
subsection (b)(1)--
``(1) the Secretary of Homeland Security shall submit to
the appropriate congressional committees a report not less
than once every 3 months on--
``(A) the average delay at border crossings; and
``(B) the average processing time for a NEXUS card, FAST
card, or SENTRI card; and
``(2) the Secretary of State shall submit to the
appropriate congressional committees a report not less than
once every 3 months on the average processing time for a
passport or passport card.
``(j) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means--
``(1) the Committee on Appropriations, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate; and
``(2) the Committee on Appropriations, the Committee on
Homeland Security, and the Committee on the Judiciary of the
House of Representatives.''.
(d) Sense of Congress Regarding Implementation of the
Western Hemisphere Travel Initiative.--The intent of Congress
in enacting section 546 of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 120
Stat. 1386) was to prevent the Secretary of Homeland Security
from implementing the plan described in section 7209(b)(1) of
the Intelligence Reform and Terrorism Prevention Act of 2004
(8 U.S.C. 1185 note) before the earlier of June 1, 2009, or
the date on which the Secretary certifies to Congress that an
alternative travel document, known as a passport card, has
been developed and widely distributed to eligible citizens of
the United States.
(e) Passport Processing Staff Authorities.--
(1) Reemployment of civil service annuitants.--Section
61(a) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2733(a)) is amended--
(A) in paragraph (1), by striking ``To facilitate'' and all
that follows through ``, the Secretary'' and inserting ``The
Secretary''; and
(B) in paragraph (2), by striking ``2008'' and inserting
``2010''.
(2) Reemployment of foreign service annuitants.--Section
824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g))
is amended--
(A) in paragraph (1)(B), by striking ``to facilitate'' and
all that follows through ``Afghanistan,''; and
(B) in paragraph (2), by striking ``2008'' and inserting
``2010''.
(f) Report on Border Infrastructure.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Homeland Security, shall
submit to the appropriate congressional committees a report
on the adequacy of the infrastructure of the United States to
manage cross-border travel associated with the NEXUS, FAST,
and SENTRI programs. Such report shall include consideration
of--
(A) the ability of frequent travelers to access dedicated
lanes for such travel;
(B) the total time required for border crossing, including
time spent prior to ports of entry;
(C) the frequency, adequacy of facilities and any
additional delays associated with secondary inspections; and

[[Page S6488]]

(D) the adequacy of readers to rapidly read identity
documents of such individuals.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Appropriations, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate; and
(B) the Committee on Appropriations, the Committee on
Homeland Security, and the Committee on the Judiciary of the
House of Representatives.
______

SA 1160. Mr. BROWNBACK submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

In section 601(h), strike paragraphs (1) and (2), and
insert the following:
(h) Treatment of Applicants.--
(1) In general.--An alien who files an application for Z
nonimmigrant status shall, upon submission of any evidence
required under subsections (f) and (g) and after the
Secretary has conducted appropriate background checks, to
include name and fingerprint checks, that do not produce
information rendering the applicant ineligible--
(A) be granted probationary benefits in the form of
employment authorization pending final adjudication of the
alien's application;
(B) may in the Secretary's discretion receive advance
permission to re-enter the United States pursuant to existing
regulations governing advance parole;
(C) may not be detained for immigration purposes,
determined inadmissible or deportable, or removed pending
final adjudication of the alien's application, unless the
alien is determined to be ineligible for Z nonimmigrant
status; and
(D) may not be considered an unauthorized alien (as defined
in section 274A(h)(3) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(3))) unless employment authorization under
subparagraph (A) is denied.
(2) Timing of probationary benefits.--No probationary
benefits shall be issued to an alien until the alien has
passed all appropriate background checks.
______

SA 1161. Mr. ALEXANDER (for himself and Mr. Cochran) submitted an
amendment intended to be proposed by him to the bill S. 1348, 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:

TITLE _--STRENGTHENING AMERICAN CITIZENSHIP

SECTION _01. SHORT TITLE.

This title may be cited as the ``Strengthening American
Citizenship Act of 2007''.

SEC. _02. DEFINITION.

In this title, the term ``Oath of Allegiance'' means the
binding oath (or affirmation) of allegiance required to be
naturalized as a citizen of the United States, as prescribed
in subsection (e) of section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448(e)), as added by section
_31(a)(2).

Subtitle A--Learning English

SEC. _11. ENGLISH FLUENCY.

(a) Education Grants.--
(1) Establishment.--The Chief of the Office of Citizenship
of the Department (referred to in this subsection as the
``Chief'') shall establish a grant program to provide grants
in an amount not to exceed $500 to assist lawful permanent
residents of the United States who declare an intent to apply
for citizenship in the United States to meet the requirements
under section 312 of the Immigration and Nationality Act (8
U.S.C. 1423).
(2) Use of funds.--Grant funds awarded under this
subsection shall be paid directly to an accredited
institution of higher education or other qualified
educational institution (as determined by the Chief) for
tuition, fees, books, and other educational resources
required by a course on the English language in which the
lawful permanent resident is enrolled.
(3) Application.--A lawful permanent resident desiring a
grant under this subsection shall submit an application to
the Chief at such time, in such manner, and accompanied by
such information as the Chief may reasonably require.
(4) Priority.--If insufficient funds are available to award
grants to all qualified applicants, the Chief shall give
priority based on the financial need of the applicants.
(5) Notice.--The Secretary, upon relevant registration of a
lawful permanent resident with the Department of Homeland
Security, shall notify such lawful permanent resident of the
availability of grants under this subsection for lawful
permanent residents who declare an intent to apply for United
States citizenship.
(b) Faster Citizenship for English Fluency.--Section 316 (8
U.S.C. 1427) is amended by adding at the end the following:
``(g) A lawful permanent resident of the United States who
demonstrates English fluency, in accordance with regulations
prescribed by the Secretary of Homeland Security, in
consultation with the Secretary of State, will satisfy the
residency requirement under subsection (a) upon the
completion of 4 years of continuous legal residency in the
United States.''.

SEC. _12. SAVINGS PROVISION.

Nothing in this subtitle shall be construed to--
(1) modify the English language requirements for
naturalization under section 312(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1423(a)(1)); or
(2) influence the naturalization test redesign process of
the Office of Citizenship of the United States Citizenship
and Immigration Services (except for the requirement under
section _31(b)).

Subtitle B--Education About the American Way of Life

SEC. _21. AMERICAN CITIZENSHIP GRANT PROGRAM.

(a) In General.--The Secretary shall establish a
competitive grant program to provide financial assistance
for--
(1) efforts by entities (including veterans and patriotic
organizations) certified by the Office of Citizenship of the
Department to promote the patriotic integration of
prospective citizens into the American way of life by
providing civics, history, and English as a second language
courses, with a specific emphasis on attachment to principles
of the Constitution of the United States, the heroes of
American history (including military heroes), and the meaning
of the Oath of Allegiance; and
(2) other activities approved by the Secretary to promote
the patriotic integration of prospective citizens and the
implementation of the Immigration and Nationality Act (8
U.S.C. 1101 et seq.), including grants--
(A) to promote an understanding of the form of government
and history of the United States; and
(B) to promote 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.
(b) Acceptance of Gifts.--The Secretary may accept and use
gifts from the United States Citizenship Foundation,
established under section _22(a), for grants under this
section.
(c) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.

SEC. _22. FUNDING FOR THE OFFICE OF CITIZENSHIP.

(a) Authorization.--The Secretary, acting through the
Director of United States Citizenship and Immigration
Services, is authorized to establish the United States
Citizenship Foundation (referred to in this section as the
``Foundation''), an organization duly incorporated in the
District of Columbia, exclusively for charitable and
educational purposes to support the functions of the Office
of Citizenship, which shall include the patriotic integration
of prospective citizens into--
(1) American common values and traditions, including an
understanding of the history of the United States and the
principles of the Constitution of the United States; and
(2) civic traditions of the United States, including the
Pledge of Allegiance, respect for the flag of the United
States, and voting in public elections.
(b) Dedicated Funding.--
(1) In general.--Not less than 1.5 percent of the funds
made available to United States Citizenship and Immigration
Services (including fees and appropriated funds) shall be
dedicated to the functions of the Office of Citizenship,
which shall include the patriotic integration of prospective
citizens into--
(A) American common values and traditions, including an
understanding of American history and the principles of the
Constitution of the United States; and
(B) civic traditions of the United States, including the
Pledge of Allegiance, respect for the flag of the United
States, and voting in public elections.
(2) Sense of congress.--It is the sense of Congress that
dedicating increased funds to the Office of Citizenship
should not result in an increase in fees charged by United
States Citizenship and Immigration Services.
(c) Gifts.--
(1) To foundation.--The Foundation may solicit, accept, and
make gifts of money and other property in accordance with
section 501(c)(3) of the Internal Revenue Code of 1986.
(2) From foundation.--The Office of Citizenship may accept
gifts from the Foundation to support the functions of the
Office.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the mission of the Office of Citizenship, including the
patriotic integration of prospective citizens into--
(1) American common values and traditions, including an
understanding of American history and the principles of the
Constitution of the United States; and
(2) civic traditions of the United States, including the
Pledge of Allegiance, respect for the flag of the United
States, and voting in public elections.

SEC. _23. RESTRICTION ON USE OF FUNDS.

Amounts appropriated to carry out a program under this
subtitle may not be used to organize individuals for the
purpose of political activism or advocacy.

SEC. _24. REPORTING REQUIREMENT.

The Chief of the Office of Citizenship shall submit to the
Committee on Health, Education, Labor, and Pensions of the
Senate, the Committee on the Judiciary of the Senate, the
Committee on Education and Labor of the House of
Representatives, and the Committee on the Judiciary of the
House of

[[Page S6489]]

Representatives, an annual report that contains--
(1) a list of the entities that have received funds from
the Office of Citizenship during the reporting period under
this subtitle and the amount of funding received by each such
entity;
(2) an evaluation of the extent to which grants received
under this subtitle and subtitle A successfully promoted an
understanding of--
(A) the English language; and
(B) American history and government, including the heroes
of American history, the meaning of the Oath of Allegiance,
and an attachment to the principles of the Constitution of
the United States; and
(3) information about the number of lawful permanent
residents who were able to achieve the knowledge described
under paragraph (2) as a result of the grants provided under
this subtitle and subtitle A.

Subtitle C--Codifying the Oath of Allegiance

SEC. _31. OATH OR AFFIRMATION OF RENUNCIATION AND ALLEGIANCE.

(a) Revision of Oath.--Section 337 (8 U.S.C. 1448) is
amended--
(1) in subsection (a), by striking ``under section 310(b)
an oath'' and all that follows through ``personal moral
code.'' and inserting ``under section 310(b), the oath (or
affirmation) of allegiance prescribed in subsection (e).'';
and
(2) by adding at the end the following:
``(e)(1) Subject to paragraphs (2) and (3), the oath (or
affirmation) of allegiance prescribed in this subsection is
as follows: `I take this oath solemnly, freely, and without
any mental reservation. I absolutely and entirely renounce
all allegiance to any foreign state or power of which I have
been a subject or citizen. My fidelity and allegiance from
this day forward are to the United States of America. I will
bear true faith and allegiance to the Constitution and laws
of the United States, and will support and defend them
against all enemies, foreign and domestic. I will bear arms,
or perform noncombatant military or civilian service, on
behalf of the United States when required by law. This I do
solemnly swear, so help me God.'.
``(2) If a person, by reason of religious training and
belief (or individual interpretation thereof) or for other
reasons of good conscience, cannot take the oath prescribed
in paragraph (1)--
``(A) with the term `oath' included, the term `affirmation'
shall be substituted for the term `oath'; and
``(B) with the phrase `so help me God' included, the phrase
`so help me God' shall be omitted.
``(3) If a person shows by clear and convincing evidence to
the satisfaction of the Attorney General that such person, by
reason of religious training and belief, cannot take the oath
prescribed in paragraph (1)--
``(A) because such person is opposed to the bearing of arms
in the Armed Forces of the United States, the words `bear
arms, or' shall be omitted; and
``(B) because such person is opposed to any type of service
in the Armed Forces of the United States, the words `bear
arms, or' and `noncombatant military or' shall be omitted.
``(4) As used in this subsection, the term `religious
training and belief'--
``(A) means a belief of an individual in relation to a
Supreme Being involving duties superior to those arising from
any human relation; and
``(B) does not include essentially political, sociological,
or philosophical views or a merely personal moral code.
``(5) Any reference in this title to `oath' or `oath of
allegiance' under this section shall be deemed to refer to
the oath (or affirmation) of allegiance prescribed under this
subsection.''.
(b) History and Government Test.--The Secretary shall
incorporate a knowledge and understanding of the meaning of
the Oath of Allegiance into the history and government test
given to applicants for citizenship.
(c) Notice to Foreign Embassies.--Upon the naturalization
of a new citizen, the Secretary, in cooperation with the
Secretary of State, shall notify the embassy of the country
of which the new citizen was a citizen or subject that such
citizen has--
(1) renounced allegiance to that foreign country; and
(2) sworn allegiance to the United States.
(d) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is 6 months after the date
of the enactment of this Act.

Subtitle D--Celebrating New Citizens

SEC. _41. ESTABLISHMENT OF NEW CITIZENS AWARD PROGRAM.

(a) Establishment.--There is established a new citizens
award program to recognize citizens who--
(1) have made an outstanding contribution to the United
States; and
(2) are naturalized during the 10-year period ending on the
date of such recognition.
(b) Presentation Authorized.--
(1) In general.--The President is authorized to present a
medal, in recognition of outstanding contributions to the
United States, to citizens described in subsection (a).
(2) Maximum number of awards.--Not more than 10 citizens
may receive a medal under this section in any calendar year.
(c) Design and Striking.--The Secretary of the Treasury
shall strike a medal with suitable emblems, devices, and
inscriptions, to be determined by the President.
(d) National Medals.--The medals struck pursuant to this
section are national medals for purposes of chapter 51 of
title 31, United States Code.

SEC. _42. NATURALIZATION CEREMONIES.

(a) In General.--The Secretary, in consultation with the
Director of the National Park Service, the Archivist of the
United States, and other appropriate Federal officials, shall
develop and implement a strategy to enhance the public
awareness of naturalization ceremonies.
(b) Venues.--In developing the strategy under this section,
the Secretary shall consider the use of outstanding and
historic locations as venues for select naturalization
ceremonies.
(c) Reporting Requirement.--The Secretary shall annually
submit a report to Congress that contains--
(1) the content of the strategy developed under this
section; and
(2) the progress made towards the implementation of such
strategy.
______

SA 1162. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill S. 1348, 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. __. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON ENGLISH
PROFICIENCY.

(a) In General.--The Comptroller General of the United
States shall conduct a study on--
(1) the needs of citizens and lawful permanent residents of
the United States whose native language is not English to
obtain English language and literacy proficiency; and
(2) the estimated costs to the public and private sector
resulting from those residents of the United States who lack
English language proficiency.
(b) Study Components.--The study conducted under subsection
(a) shall include--
(1) an inventory of all existing Federal programs designed
to improve English language and literacy acquisition for
adult citizens and lawful permanent residents of the United
States, including--
(A) a description of the purpose of each such program;
(B) a summary of the Federal expenditures for each such
program during fiscal years 2002 through 2006;
(C) data on the participation rates of individuals within
each such program and those who have expressed an interest in
obtaining English instruction but have been unable to
participate in existing programs;
(D) a summary of evaluations and performance reviews of the
effectiveness and sustainability of each such program; and
(E) a description of the coordination of Federal programs
with private and nonprofit programs;
(2) the identification of model programs at the Federal,
State, and local level with demonstrated effectiveness in
helping adult citizens and lawful permanent residents of the
United States gain English language and literacy proficiency;
(3) a summary of funding for State and local programs that
support improving the English language proficiency and
literacy of citizens and lawful permanent residents of the
United States;
(4) a summary of the costs incurred by Federal, State, and
local governments to serve citizens and lawful permanent
residents of the United States who are not proficient in
English, including--
(A) costs for foreign language translators;
(B) the production of documents in multiple languages; and
(C) compliance with Executive Order 13166;
(5) an analysis of the costs incurred by businesses that
employ citizens and lawful permanent residents of the United
States who are not proficient in English, including--
(A) costs for English training and foreign language
translation; and
(B) an estimate of lost productivity;
(6) the number of lawful permanent residents who are
eligible to naturalize as citizens of the United States;
(7) the number of citizens of the United States who are
eligible to vote and are unable to read English well enough
to read a ballot in English;
(8) the number of citizens of the United States who request
a ballot in a language other than English; and
(9) recommendations regarding the most cost-effective
actions the Federal government could take to assist citizens
and lawful permanent residents of the United States to
quickly learn English.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General of the United
States shall submit a report containing the findings from the
study conducted under this section to--
(1) the Committee on Health, Education, Labor, and Pensions
of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Education and Labor of the House of
Representatives; and
(4) the Committee on the Judiciary of the House of
Representatives.
(d) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary for fiscal
years 2008 and 2009 to carry out this section.

[[Page S6490]]

______

SA 1163. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill S. 1348, 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. __. PRESIDENTIAL AWARD FOR BUSINESS LEADERSHIP IN
PROMOTING AMERICAN CITIZENSHIP.

(a) Establishment.--There is established the Presidential
Award for Business Leadership in Promoting American
Citizenship, which shall be awarded to companies and other
organizations that make extraordinary efforts in assisting
their employees and members to learn English and increase
their understanding of American history and civics.
(b) Selection and Presentation of Award.--
(1) Selection.--The President, upon recommendations from
the Secretary, the Secretary of Labor, and the Secretary of
Education, shall periodically award the Citizenship Education
Award to large and small companies and other organizations
described in subsection (a).
(2) Presentation.--The presentation of the award shall be
made by the President, or designee of the President, in
conjunction with an appropriate ceremony.
______

SA 1164. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill S. 1348, 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. _. DEDUCTION FOR EMPLOYER-PROVIDED ENGLISH LANGUAGE
INSTRUCTION.

(a) In General.--Part VI of subchapter B of chapter 1 of
the Internal Revenue Code of 1986 (relating to itemized
deductions for individuals and corporations) is amended by
inserting after section 194A the following new section:

``SEC. 194B. EMPLOYER-PROVIDED ENGLISH LANGUAGE INSTRUCTION.

``(a) Allowance of Deduction.--There shall be allowed as a
deduction for the taxable year an amount equal to--
``(1) $500, multiplied by
``(2) the number of limited English proficient employees
for which English language instruction is provided free of
charge to the employee during such taxable year.
``(b) Dollar Limitation.--The deduction allowable under
subsection (a) for any taxable year shall not exceed
$150,000.
``(c) Limited English Proficient Employee.--For purposes of
this section, the term `limited English proficient employee'
means an employee of the taxpayer--
``(1)(A) who was not born in the United States or whose
native language is a language other than English,
``(B)(i) who is a Native American or Alaska Native, or a
native resident of the outlying areas (within the meaning of
section 9101(25)(C)(ii)(I) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801(25)(C)(ii)(I)), and
``(ii) who comes from an environment where a language other
than English has had a significant impact on the individual's
level of English language proficiency, or
``(C) who is migratory, whose native language is a language
other than English, and who comes from an environment where a
language other than English is dominant,
``(2) whose difficulties in speaking, reading, writing, or
understanding the English language may be sufficient to deny
the individual--
``(A) the ability to maintain employment, or
``(B) the ability to participate fully in society, and
``(3) the English language instruction of whom has not
previously been taken into account under this section.
``(d) Denial of Double Benefit.--No other deduction or
credit shall be allowed under any other provision of this
chapter with respect to the amount of the deduction
determined under this section.''.
(b) Clerical Amendment.--The table of sections for part VI
of subchapter B of chapter 1 of the Internal Revenue Code of
1986 is amended by inserting after the item relating to
section 194A the following item:

``Sec. 194B. Employer-provided English language instruction''.

(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.

______

SA 1165. Mr. LEAHY (for himself and Mr. Kohl) submitted an amendment
intended to be proposed by him to the bill S. 1348, to provide for
comprehensive immigration reform and for other purposes; which was
ordered to lie on the table; as follows:

In section 218E(d) of the Immigration and Nationality Act
(as added by section 404(a)), strike paragraphs (2) and (3)
and redesignate paragraph (4) as paragraph (3).
At the end of section 218E of the Immigration and
Nationality Act (as added by section 404(a)), add the
following:
``(i) Special Rules for Aliens Employed as Sheepherders,
Goat Herders, and Dairy Workers.--Notwithstanding any
provision of the Agricultural Job Opportunities, Benefits,
and Security Act of 2007, an alien admitted under section
101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat
herder, or dairy worker--
``(1) may be admitted for an initial period of 1 year;
``(2) subject to subsection (j)(5), may have that initial
period of admission extended for a period of up to 3 years;
and
``(3) shall not be subject to the requirements of
subsection (h)(5) (relating to periods of absence from the
United States).
``(j) Adjustment to Lawful Permanent Resident Status for
Aliens Employed as Sheepherders, Goat Herders, or Dairy
Workers.--
``(1) Definition of eligible alien.--In this subsection,
the term `eligible alien' means an alien--
``(A) having nonimmigrant status under section
101(a)(15)(H)(ii)(a) based on employment as a sheepherder,
goat herder, or dairy worker;
``(B) who has maintained that nonimmigrant status in the
United States for a cumulative total of 36 months (excluding
any period of absence from the United States); and
``(C) who is seeking to receive an immigrant visa under
section 203(b)(3)(A)(iii).
``(2) Classified petition.--In the case of an eligible
alien, the petition under section 204 for classification
under section 203(b)(3)(A)(iii) may be filed by--
``(A) the eligible alien's employer, on behalf of the
eligible alien; or
``(B) the eligible alien.
``(3) No labor certification required.--Notwithstanding
section 203(b)(3)(C), no determination under section
212(a)(5)(A) is required with respect to an immigrant visa
described in paragraph (1)(C) for an eligible alien.
``(4) Effect of petition.--The filing of a petition
described in paragraph (2), or an application for adjustment
of status based on the approval of such a petition, shall not
constitute evidence of an alien's ineligibility for
nonimmigrant status under section 101(a)(15)(H)(ii)(a).
``(5) Extension of stay.--The Secretary shall extend the
stay of an eligible alien having a pending or approved
classification petition described in paragraph (2) in 1-year
increments until a final determination is made on the alien's
eligibility for adjustment of status to that of an alien
lawfully admitted for permanent residence.
``(6) Construction.--Nothing in this subsection prevents an
eligible alien from seeking adjustment of status in
accordance with any other provision of law.
In section 218G of the Immigration and Nationality Act (as
amended by section 404(a)), strike paragraph (11) and insert
the following:
``(11) Seasonal.--
``(A) In general.--The term `seasonal', with respect to the
performance of labor, means that the labor--
``(i) ordinarily pertains to or is of the kind exclusively
performed at certain seasons or periods of the year; and
``(ii) because of the nature of the labor, cannot be
continuous or carried on throughout the year.
``(B) Inclusion.--Labor performed on a dairy farm shall be
considered to be seasonal labor.
At the end of section 404, add the following:
(c) Conforming Amendment.--Section 101(a)(15)(H)(ii)(a) of
the Immigration and Nationality Act (8 U.S.C.
1101(a)(15)(H)(ii)(a)) is amended by inserting ``or work on a
dairy farm,'' after ``seasonal nature,''.

____________________