S.Amdt. 1218

TEXT OF AMENDMENTS

SA 1190. Mr. McCAIN (for himself, Mr. Graham, Mr. Burr, and Mr.
Specter) 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:

On page 292 redesignate paragraphs (3) as (4) and (4) as
(5).
On page 292, between lines 33 and 34, insert the following:
``(3) Payment of income taxes.--
``(A) In general.--Not later than the date on which status
is adjusted under this section, the alien establishes the
payment of any applicable Federal tax liability by
establishing that--
``(i) no such tax liability exists;
``(ii) all outstanding liabilities have been paid; or
``(iii) the alien has entered into an agreement for payment
of all outstanding liabilities with the Internal Revenue
Service.
``(B) Applicable federal tax liability.--For purposes of
clause (i), the term `applicable Federal tax liability' means
liability for Federal taxes, including penalties and
interest, owed for any year during the period of employment
required by subparagraph (D)(i) for which the statutory
period for assessment of any deficiency for such taxes has
not expired.
``(C) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner
of Internal Revenue shall provide documentation to an alien
upon request to establish the payment of all taxes required
by this subparagraph.
``(D) In general.--The alien may satisfy such requirement
by establishing that--
``(i) no such tax liability exists;
``(ii) all outstanding liabilities have been met; or
``(iii) the alien has entered into an agreement for payment
of all outstanding liabilities with the Internal Revenue
Service and with the department of revenue of each State to
which taxes are owed.
______

SA 1191. Mr. LIEBERMAN 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:
At the appropriate place, insert the following:
Subtitle __--Asylum and Detention Safeguards

SEC. __01. SHORT TITLE.

This subtitle may be cited as the ``Secure and Safe
Detention and Asylum Act''.

SEC. __02. DEFINITIONS.

In this subtitle:
(1) Asylum seeker.--The term ``asylum seeker'' means an
applicant for asylum under section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) or for withholding of removal
under section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)) or
an alien who

[[Page S6901]]

indicates an intention to apply for relief under either such
section and does not include a person with respect to whom a
final adjudication denying an application made under either
such section has been entered.
(2) Credible fear of persecution.--The term ``credible fear
of persecution'' has the meaning given that term in section
235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)).
(3) Detainee.--The term ``detainee'' means an alien in the
Department's custody held in a detention facility.
(4) Detention facility.--The term ``detention facility''
means any Federal facility in which an asylum seeker, an
alien detained pending the outcome of a removal proceeding,
or an alien detained pending the execution of a final order
of removal, is detained for more than 72 hours, or any other
facility in which such detention services are provided to the
Federal Government by contract, and does not include
detention at any port of entry in the United States.
(5) Reasonable fear of persecution or torture.--The term
``reasonable fear of persecution or torture'' has the meaning
described in section 208.31 of title 8, Code of Federal
Regulations.
(6) Standard.--The term ``standard'' means any policy,
procedure, or other requirement.
(7) Vulnerable populations.--The term ``vulnerable
populations'' means classes of aliens subject to the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who
have special needs requiring special consideration and
treatment by virtue of their vulnerable characteristics,
including experiences of, or risk of, abuse, mistreatment, or
other serious harms threatening their health or safety.
Vulnerable populations include the following:
(A) Asylum seekers.
(B) Refugees admitted under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157) and individuals seeking
such admission.
(C) Aliens whose deportation is being withheld under
section 243(h) of the Immigration and Nationality Act (as in
effect immediately before the effective date of section 307
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-612)) or section 241(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)).
(D) Aliens granted or seeking protection under article 3 of
the Convention Against Torture and other Cruel, Inhumane, or
Degrading Treatment or Punishment, done at New York, December
10, 1994.
(E) Applicants for relief and benefits under the
Immigration and Nationality Act pursuant to the amendments
made by the Trafficking Victims Protection Act of 2000
(division A of Public Law 106-386; 114 Stat. 1464), including
applicants for nonimmigrant status under subparagraph (T) or
(U) of section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)).
(F) Applicants for relief and benefits under the
Immigration and Nationality Act pursuant to the amendments
made by the Violence Against Women Act of 2000 (division B of
Public Law 106-386; 114 Stat. 1491).
(G) Unaccompanied alien children (as defined in 462(g) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

SEC. __03. RECORDING SECONDARY INSPECTION INTERVIEWS.

(a) In General.--The Secretary shall establish quality
assurance procedures to ensure the accuracy and verifiability
of signed or sworn statements taken by employees of the
Department exercising expedited removal authority under
section 235(b) of the Immigration and Nationality Act (8
U.S.C. 1225(b)).
(b) Factors Relating to Sworn Statements.--Any sworn or
signed written statement taken of an alien as part of the
record of a proceeding under section 235(b)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A))
shall be accompanied by a recording of the interview which
served as the basis for that sworn statement.
(c) Recordings.--
(1) In general.--The recording of the interview shall also
include the written statement, in its entirety, being read
back to the alien in a language that the alien claims to
understand, and the alien affirming the accuracy of the
statement or making any corrections thereto.
(2) Format.--The recording shall be made in video, audio,
or other equally reliable format.
(d) Exemption Authority.--
(1) Subsections (b) and (c) shall not apply to interviews
that occur at facilities exempted by the Secretary pursuant
to this subsection.
(2) The Secretary or the Secretary's designee may exempt
any facility based on a determination by the Secretary or the
Secretary's designee that compliance with subsections (b) and
(c) at that facility would impair operations or impose undue
burdens or costs.
(3) The Secretary or the Secretary's designee shall report
annually to Congress on the facilities that have been
exempted pursuant to this subsection.
(4) The exercise of the exemption authority granted by this
subsection shall not give rise to a private cause of action.
(e) Interpreters.--The Secretary shall ensure that a
professional fluent interpreter is used when the interviewing
officer does not speak a language understood by the alien and
there is no other Federal, State, or local government
employee available who is able to interpret effectively,
accurately, and impartially.

SEC. __04. PROCEDURES GOVERNING DETENTION DECISIONS.

Section 236 (8 U.S.C. 1226) is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) in the first sentence by striking ``Attorney General''
and inserting ``Secretary of Homeland Security'';
(ii) by striking ``(c)'' and inserting ``(d)''; and
(iii) in the second sentence by striking ``Attorney
General'' and inserting ``Secretary'';
(B) in paragraph (2)--
(i) in subparagraph (A)--

(I) by striking ``Attorney General'' and inserting
``Secretary''; and
(II) by striking ``or'' at the end;

(ii) in subparagraph (B), by striking ``but'' at the end;
and
(iii) by inserting after subparagraph (B) the following:
``(C) the alien's own recognizance; or
``(D) a secure alternatives program as provided for in this
section; but'';
(2) by redesignating subsections (b), (c), (d), and (e) as
subsections (d), (e), (f), and (h), respectively;
(3) by inserting after subsection (a) the following new
subsections:
``(b) Custody Decisions.--
``(1) In general.--In the case of a decision under
subsection (a) or (d), the following shall apply:
``(A) The decision shall be made in writing and shall be
served upon the alien. A decision to continue detention
without bond or parole shall specify in writing the reasons
for that decision.
``(B) The decision shall be served upon the alien within 72
hours of the alien's detention or, in the case of an alien
subject to section 235 or 241(a)(5) who must establish a
credible fear of persecution or a reasonable fear of
persecution or torture in order to proceed in immigration
court, within 72 hours of a positive credible fear of
persecution or reasonable fear of persecution or torture
determination.
``(2) Criteria to be considered.--The criteria to be
considered by the Secretary and the Attorney General in
making a custody decision shall include--
``(A) whether the alien poses a risk to public safety or
national security;
``(B) whether the alien is likely to appear for immigration
proceedings; and
``(C) any other relevant factors.
``(3) Custody redetermination.--An alien subject to this
section may at any time after being served with the
Secretary's decision under subsections (a) or (d) request a
redetermination of that decision by an immigration judge. All
decisions by the Secretary to detain without bond or parole
shall be subject to redetermination by an immigration judge
within 2 weeks from the time the alien was served with the
decision, unless waived by the alien. The alien may request a
further redetermination upon a showing of a material change
in circumstances since the last redetermination hearing.
``(c) Exception for Mandatory Detention.--Subsection (b)
shall not apply to any alien who is subject to mandatory
detention under section 235(b)(1)(B)(iii)(IV), 236(c), or
236A or who has a final order of removal and has no
proceedings pending before the Executive Office for
Immigration Review.'';
(4) in subsection (d), as redesignated--
(A) by striking ``Attorney General'' and inserting
``Secretary''; and
(B) by striking ``or parole'' and inserting ``, parole, or
decision to release;'';
(5) in subsection (e), as redesignated--
(A) by striking ``Attorney General'' and inserting
``Secretary'' each place it appears; and
(B) in paragraph (2), by inserting ``or for humanitarian
reasons,'' after ``such an investigation,'';
(6) in subsection (f), as redesignated--
(A) in the matter preceding paragraph (1), by striking
``Attorney General'' and inserting ``Secretary'';
(B) in paragraph (1), in subparagraphs (A) and (B), by
striking ``Service'' and inserting ``Department of Homeland
Security''; and
(C) in paragraph (3), by striking ``Service'' and inserting
``Secretary of Homeland Security'';
(7) by inserting after subsection (f), as redesignated, the
following new subparagraph:
``(g) Administrative Review.--If an immigration judge's
custody decision has been stayed by the action of an officer
or employee of the Department of Homeland Security, the stay
shall expire in 30 days, unless the Board of Immigration
Appeals before that time, and upon motion, enters an order
continuing the stay.''; and
(8) in subsection (h), as redesignated--
(A) by striking ``Attorney General's'' and inserting
``Secretary of Homeland Security's''; and
(B) by striking ``Attorney General'' and inserting
``Secretary''.

SEC. __05. LEGAL ORIENTATION PROGRAM.

(a) In General.--The Attorney General, in consultation with
the Secretary, shall ensure that all detained aliens in
immigration and asylum proceedings receive legal orientation
through a program administered and implemented by the
Executive Office for Immigration Review of the Department of
Justice.
(b) Content of Program.--The legal orientation program
developed pursuant to this

[[Page S6902]]

section shall be based on the Legal Orientation Program
carried out by the Executive Office for Immigration Review on
the date of the enactment of this Act.
(c) Expansion of Legal Assistance.--The Secretary shall
ensure the expansion through the United States Citizenship
and Immigration Service of public-private partnerships that
facilitate pro bono counseling and legal assistance for
asylum seekers awaiting a credible fear of persecution
interview, as a continuation of existing programs, such as
the pilot program developed in Arlington, Virginia by the
United States Citizenship and Immigration Service.

SEC. __06. CONDITIONS OF DETENTION.

(a) In General.--The Secretary shall ensure that standards
governing conditions and procedures at detention facilities
are fully implemented and enforced, and that all detention
facilities comply with the standards.
(b) Procedures and Standards.--The Secretary shall
promulgate new standards, or modify existing detention
standards, to improve conditions in detention facilities. The
improvements shall address at a minimum the following
policies and procedures:
(1) Fair and humane treatment.--Procedures to ensure that
detainees are not subject to degrading or inhumane treatment
such as physical abuse, sexual abuse or harassment, or
arbitrary punishment.
(2) Limitations on solitary confinement.--Procedures
limiting the use of solitary confinement, shackling, and
strip searches of detainees to situations where the use of
such techniques is necessitated by security interests or
other extraordinary circumstances.
(3) Investigation of grievances.--Procedures for the prompt
and effective investigation of grievances raised by
detainees.
(4) Access to telephones.--Procedures permitting detainees
sufficient access to telephones, and the ability to contact,
free of charge, legal representatives, the immigration
courts, the Board of Immigration Appeals, and the Federal
courts through confidential toll-free numbers.
(5) Location of facilities.--Location of detention
facilities, to the extent practicable, near sources of free
or low-cost legal representation with expertise in asylum or
immigration law.
(6) Procedures governing transfers of detainees.--
Procedures governing the transfer of a detainee that take
into account--
(A) the detainee's access to legal representatives; and
(B) the proximity of the facility to the venue of the
asylum or removal proceeding.
(7) Quality of medical care.--
(A) In general.--Prompt and adequate medical care provided
at no cost to the detainee, including dental care, eye care,
mental health care, and where appropriate, individual and
group counseling, medical dietary needs, and other medically
necessary specialized care. Medical facilities in all
detention facilities used by the Department maintain current
accreditation by the National Commission on Correctional
Health Care (NCCHC). Requirements that each medical facility
that is not accredited by the Joint Commission on the
Accreditation of Health Care Organizations (JCAHO) will seek
to obtain such accreditation. Maintenance of complete medical
records for every detainee which shall be made available upon
request to a detainee, his legal representative, or other
authorized individuals.
(8) Translation capabilities.--The employment of detention
facility staff that, to the extent practicable, are qualified
in the languages represented in the population of detainees
at a detention facility, and the provision of alternative
translation services when necessary.
(9) Recreational programs and activities.--Daily access to
indoor and outdoor recreational programs and activities.
(c) Special Standards for Noncriminal Detainees.--The
Secretary shall promulgate new standards, or modifications to
existing standards, that--
(1) recognize the distinctions between persons with
criminal convictions or a history of violent behavior and all
other detainees; and
(2) ensure that procedures and conditions of detention are
appropriate for a noncriminal, nonviolent population.
(d) Special Standards for Vulnerable Populations.--The
Secretary shall promulgate new standards, or modifications to
existing standards, that--
(1) recognize the unique needs of asylum seekers, victims
of torture and trafficking, families with children, detainees
who do not speak English, detainees with special religious,
cultural or spiritual considerations, and other vulnerable
populations; and
(2) ensure that procedures and conditions of detention are
appropriate for the populations listed in this subsection.
(e) Training of Personnel.--
(1) In general.--The Secretary shall ensure that personnel
in detention facilities are given specialized training to
better understand and work with the population of detainees
held at the facilities where such personnel work. The
training should address the unique needs of--
(A) asylum seekers;
(B) victims of torture or other trauma; and
(C) other vulnerable populations.
(2) Specialized training.--The training required by this
subsection shall be designed to better enable personnel to
work with detainees from different countries, and detainees
who cannot speak English. The training shall emphasize that
many detainees have no criminal records and are being held
for civil violations.

SEC. __07. OFFICE OF DETENTION OVERSIGHT.

(a) Establishment of the Office.--
(1) In general.--There shall be established within the
Department an Office of Detention Oversight (in this section
referred to as the ``Office'').
(2) Head of the office.--There shall be at the head of the
Office an Administrator who shall be appointed by, and shall
report to, the Secretary.
(3) Schedule.--The Office shall be established and the
Administrator of the Office appointed not later than 6 months
after the date of enactment of this Act.
(b) Responsibilities of the Office.--
(1) Inspections of detention centers.--The Administrator of
the Office shall--
(A) undertake frequent and unannounced inspections of all
detention facilities;
(B) develop a procedure for any detainee or the detainee's
representative to file a written complaint directly with the
Office; and
(C) report to the Secretary and to the Assistant Secretary
of Homeland Security for United States Immigration and
Customs Enforcement all findings of a detention facility's
noncompliance with detention standards.
(2) Investigations.--The Administrator of the Office
shall--
(A) initiate investigations, as appropriate, into
allegations of systemic problems at detention facilities or
incidents that constitute serious violations of detention
standards;
(B) report to the Secretary and the Assistant Secretary of
Homeland Security for United States Immigration and Customs
Enforcement the results of all investigations; and
(C) refer matters, where appropriate, for further action
to--
(i) the Department of Justice;
(ii) the Office of the Inspector General of the Department;
(iii) the Office of Civil Rights and Civil Liberties of the
Department; or
(iv) any other relevant office or agency.
(3) Report to congress.--
(A) In general.--The Administrator of the Office shall
submit to the Secretary, the Committee on the Judiciary and
the Committee on Homeland Security and Governmental Affairs
of the Senate, and the Committee on the Judiciary and the
Committee on Homeland Security of the House of
Representatives an annual report on the Administrator's
findings on detention conditions and the results of the
investigations carried out by the Administrator.
(B) Contents of report.--Each report required by
subparagraph (A) shall include--
(i) a description of the actions to remedy findings of
noncompliance or other problems that are taken by the
Secretary or the Assistant Secretary of Homeland Security for
United States Immigration and Customs Enforcement, and each
detention facility found to be in noncompliance; and
(ii) information regarding whether such actions were
successful and resulted in compliance with detention
standards.
(4) Review of complaints by detainees.--The Administrator
of the Office shall establish procedures to receive and
review complaints of violations of the detention standards
promulgated by the Secretary. The procedures shall protect
the anonymity of the claimant, including detainees,
employees, or others, from retaliation.
(c) Cooperation With Other Offices and Agencies.--Whenever
appropriate, the Administrator of the Office shall cooperate
and coordinate its activities with--
(1) the Office of the Inspector General of the Department;
(2) the Office of Civil Rights and Civil Liberties of the
Department;
(3) the Privacy Officer of the Department;
(4) the Civil Rights Division of the Department of Justice;
or
(5) any other relevant office or agency.

SEC. __08. SECURE ALTERNATIVES PROGRAM.

(a) Establishment of Program.--The Secretary shall
establish a secure alternatives program under which an alien
who has been detained may be released under enhanced
supervision to prevent the alien from absconding and to
ensure that the alien makes appearances related to such
detention.
(b) Program Requirements.--
(1) Nationwide implementation.--The Secretary shall
facilitate the development of the secure alternatives program
on a nationwide basis, as a continuation of existing pilot
programs such as the Intensive Supervision Appearance Program
developed by the Department.
(2) Utilization of alternatives.--The secure alternatives
program shall utilize a continuum of alternatives based on
the alien's need for supervision, including placement of the
alien with an individual or organizational sponsor, or in a
supervised group home.
(3) Aliens eligible for secure alternatives program.--
(A) In general.--Aliens who would otherwise be subject to
detention based on a consideration of the release criteria in
section 236(b)(2), or who are released pursuant to section
236(e)(2), shall be considered for the secure alternatives
program.
(B) Design of programs.--Secure alternatives programs shall
be designed to ensure sufficient supervision of the
population described in subparagraph (A).

[[Page S6903]]

(4) Contracts.--The Secretary shall enter into contracts
with qualified nongovernmental entities to implement the
secure alternatives program.
(5) Other considerations.--In designing such program, the
Secretary shall--
(A) consult with relevant experts; and
(B) consider programs that have proven successful in the
past, including the Appearance Assistance Program developed
by the Vera Institute and the Intensive Supervision
Appearance Program.

SEC. __09. LESS RESTRICTIVE DETENTION FACILITIES.

(a) Construction.--The Secretary shall facilitate the
construction or use of secure but less restrictive detention
facilities.
(b) Criteria.--In developing detention facilities pursuant
to this section, the Secretary shall--
(1) consider the design, operation, and conditions of
existing secure but less restrictive detention facilities,
such as the Department's detention facilities in Broward
County, Florida, and Berks County, Pennsylvania;
(2) to the extent practicable, construct or use detention
facilities where--
(A) movement within and between indoor and outdoor areas of
the facility is subject to minimal restrictions;
(B) detainees have ready access to social, psychological,
and medical services;
(C) detainees with special needs, including those who have
experienced trauma or torture, have ready access to services
and treatment addressing their needs;
(D) detainees have ready access to programs and recreation;
(E) detainees are permitted contact visits with legal
representatives and family members; and
(F) special facilities are provided to families with
children.
(c) Facilities for Families With Children.--For situations
where release or secure alternatives programs are not an
option, the Secretary shall, to the extent practicable,
ensure that special detention facilities are specifically
designed to house parents with their minor children,
including ensuring that--
(1) procedures and conditions of detention are appropriate
for families with minor children; and
(2) living and sleeping quarters for children under 14
years of age are not physically separated from at least 1 of
the child's parents.
(d) Placement in Nonpunitive Facilities.--Among the factors
to be considered with respect to placing a detainee in a less
restrictive facility is whether the detainee is--
(1) an asylum seeker;
(2) part of a family with minor children;
(3) a member of a vulnerable population; or
(4) a nonviolent, noncriminal detainee.
(e) Procedures and Standards.--Where necessary, the
Secretary shall promulgate new standards, or modify existing
detention standards, to promote the development of less
restrictive detention facilities.

SEC. __10. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.

(a) Authorization of Appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this subtitle.
(b) Effective Date.--This subtitle and the amendments made
by this subtitle shall take effect on the date that is 6
months after the date of enactment of this Act.
______

SA 1192. Mrs. HUTCHISON submitted an amendment intended to 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. ENHANCED ROLE FOR NON-GOVERNMENTAL ENTITIES.

(a) In General.--In carrying out the provisions of this
title, or any of the amendments made by this title, the
Secretary of Homeland Security, the Secretary of Labor, and
the Secretary of State are authorized to enter into
contractual agreements with non-governmental entities--
(1) to assist with the implementation, processing, and
operation of the temporary worker programs established under
subtitles A and B;
(2) to maximize the effectiveness of such operations; and
(3) to reduce expenditures and increase efficiencies
related to such operations.
(b) Required Considerations.--To the extent that any
Secretary acts under the authority granted under subsection
(a), that Secretary shall give priority consideration to non-
governmental entities with--
(1) experience or competence in the business of evaluation,
recruitment, and placement of employees with employers based
in the United States;
(2) the ability to ensure the security and placement of its
processes and operations; and
(3) the ability to meet other any other requirements
determined to be appropriate by that Secretary.
______

SA 1193. Mr. ROBERTS (for himself and Mr. Brownback) submitted an
amendment intended to be proposed by him to the bill S. 1423, to extend
tax relief to the residents and businesses of an area with respect to
which a major disaster has been declared by the President under section
401 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (FEMA-1699-DR) by reason of severe storms and tornados beginning on
May 4, 2007, and determined by the President to warrant individual or
public assistance from the Federal Government under such Act; which was
referred to the Committee on Finance; as follows:
Strike all after the enacting clause and insert the
following:

SECTION 1. SHORT TITLE.

This Act may be cited as ``Kansas Disaster Tax Relief
Assistance Act''.

SEC. 2. TEMPORARY TAX RELIEF.

(a) In General.--Subchapter Y of the Internal Revenue Code
of 1986 (relating to short-term regional benefits) is amended
by adding at the end the following new part:

``PART III--TAX BENEFITS FOR OTHER DISASTER AREAS

``Sec. l400U. Tax benefits for Kiowa County, Kansas and surrounding
area.

``SEC. 1400U. TAX BENEFITS FOR KIOWA COUNTY, KANSAS AND
SURROUNDING AREA.

``The following provisions of this subchapter shall apply,
in addition to the areas described in such provisions, to an
area with respect to which a major disaster has been declared
by the President under section 401 of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (FEMA-1699-DR)
by reason of severe storms and tornados beginning on May 4,
2007, and determined by the President to warrant individual
or public assistance from the Federal Government under such
Act:
``(1) Suspension of certain limitations on personal
casualty losses.--Section 1400S(b)(1), by substituting `May
4, 2007' for 'August 25, 2005'.
``(2) Extension of replacement period for nonrecognition of
gain.--Section 1400L(g), by substituting `storms on May 4,
2007' for `terrorist attacks on September 11, 2001'.
``(3) Employee retention credit for employers affected by
may 4 storms.--Section 1400R(a)--
``(A) by substituting `May 4, 2007' for `August 28, 2005'
each place it appears,
``(B) by substituting `January 1, 2008' for `January 1,
2006' both places it appears, and
``(C) only with respect to eligible employers who employed
an average of not more than 200 employees on business days
during the taxable year before May 4, 2007.
``(4) Special allowance for certain property acquired on or
after may 5, 2007.--Section 1400N(d)--
``(A) by substituting `qualified Recovery Assistance
property' for `qualified Gulf Opportunity Zone property' each
place it appears,
``(B) by substituting `May 5, 2007' for `August 28, 2005'
each place it appears,
``(C) by substituting `December 31, 2008' for `December 31,
2007' in paragraph (2)(A)(v),
``(D) by substituting `December 31, 2009' for `December 31,
2008' paragraph (2)(A)(v),
``(E) by substituting `May 4, 2007' for `August 27, 2005'
in paragraph (3)(A),
``(F) by substituting `January 1, 2009' for `January 1,
2008' in paragraph (3)(B), and
``(G) determined without regard to paragraph (6) thereof.
``(5) Increase in expensing under section 179.--Section
1400N(e), by substituting `qualified section 179 Recovery
Assistance property' for `qualified section 179 Gulf
Opportunity Zone property' each place it appears.
``(6) Expensing for certain demolition and clean-up
costs.--Section 1400N(f)--
``(A) by substituting `qualified Recovery Assistance clean-
up cost' for `qualified Gulf Opportunity Zone clean-up cost'
each place it appears, and
``(B) by substituting `beginning on May 4, 2007, and ending
on December 31, 2009' for `beginning on August 28, 2005, and
ending on December 31, 2007' in paragraph (2) thereof.
``(7) Treatment of public utility property disaster
losses.--Section 1400N(o).
``(8) Treatment of net operating losses attributable to
storm losses.--Section 1400N(k)--
``(A) by substituting `qualified Recovery Assistance loss'
for `qualified Gulf Opportunity Zone loss' each place it
appears,
``(B) by substituting `after May 3, 2007, and before on
January 1, 2010' for `after August 27, 2005, and before
January 1, 2008' each place it appears,
``(C) by substituting `May 4, 2007' for `August 28, 2005'
in paragraph (2)(B)(ii)(I) thereof,
``(D) by substituting `qualified Recovery Assistance
property' for 'qualified Gulf Opportunity Zone property' in
paragraph (2)(B)(iv) thereof, and
``(E) by substituting `qualified Recovery Assistance
casualty loss' for `qualified Gulf Opportunity Zone casualty
loss' each place it appears.
``(9) Treatment of representations regarding income
eligibility for purposes of qualified rental project
requirements.--Section 1400N(n).
``(10) Special rules for use of retirement funds.--Section
1400Q--
``(A) by substituting `qualified Recovery Assistance
distribution' for `qualified hurricane distribution' each
place it appears,
``(B) by substituting `on or after May 4, 2007, and before
January 1, 2009' for `on or after August 25, 2005, and before
January 1, 2007' in subsection (a)(4)(A)(i),
``(C) by substituting `qualified storm distribution' for
`qualified Katrina distribution' each place it appears,

[[Page S6904]]

``(D) by substituting `after November 4, 2006, and before
May 5, 2007' for `after February 28, 2005, and before August
29, 2005' in subsection (b)(2)(B)(ii),
``(E) by substituting `beginning on May 4, 2007, and ending
on November 5, 2007' for `beginning on August 25, 2005, and
ending on February 28, 2006' in subsection (b)(3)(A),
``(F) by substituting `qualified storm individual' for
`qualified Hurricane Katrina individual' each place it
appears,
``(G) by substituting `December 31, 2007' for `December 31,
2006' in subsection (c)(2)(A),
``(H) by substituting `beginning on June 4, 2007, and
ending on December 31, 2007' for `beginning on September 24,
2005, and ending on December 31, 2006' in subsection
(c)(4)(A)(i),
``(I) by substituting `May 4, 2007' for `August 25, 2005'
in subsection (c)(4)(A)(ii), and
``(J) by substituting `January 1, 2008' for `January 1,
2007' in subsection (d)(2)(A)(ii).''.
(b) Clerical Amendment.--The table of parts for subchapter
Y of the Internal Revenue Code of 1986 is amended by adding
at the end the following new item:

``Part III. Tax benefits for other disaster areas.''.
______

SA 1194. Mr. MENENDEZ (for himself Mr. Hagel, Mr. Durbin, Mrs.
Clinton, Mr. Dodd, Mr. Obama, Mr. Akaka, Mr. Lautenberg, and Mr.
Inouye) 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:

In paragraph (1) of subsection (c) of the quoted matter
under section 501(a), strike ``567,000'' and insert
``677,000''.
In the fourth item contained in the second column of the
row relating to extended family of the table contained in
subparagraph (A) of paragraph (1) of the quoted matter under
section 502(b)(1), strike ``May 1, 2005'' and insert
``January 1, 2007''.
In paragraph (3) of the quoted matter under section
503(c)(3), strike ``May 1, 2005'' and insert ``January 1,
2007''.
In paragraph (3) of the quoted matter under section
503(c)(3), strike ``440,000'' and insert ``550,000''.
In subparagraph (A) of paragraph (3) of the quoted matter
under section 503(c)(3), strike ``70,400'' and insert
``88,000''.
In subparagraph (B) of paragraph (3) of the quoted matter
under section 503(c)(3), strike ``110,000'' and insert
``137,500''.
In subparagraph (C) of paragraph (3) of the quoted matter
under section 503(c)(3), strike ``70,400'' and insert
``88,000''.
In subparagraph (D) of paragraph (3) of the quoted matter
under section 503(c)(3), strike ``189,200'' and insert
``236,500''.
In paragraph (2) of section 503(e), strike ``May 1, 2005''
each place it appears and insert ``January 1, 2007''.
In paragraph (1) of section 503(f), strike ``May 1, 2005''
and insert ``January 1, 2007,''.
In paragraph (6) of the quoted matter under section 508(b),
strike ``May 1, 2005'' and insert ``January 1, 2007''.
In paragraph (5) of section 602(a), strike ``May 1, 2005''
and insert ``January 1, 2007''.
In subparagraph (A) of section 214A(j)(7) of the quoted
matter under section 622(b), strike ``May 1, 2005'' and
insert ``January 1, 2007''.
______

SA 1195. Mr. ENSIGN (for himself and Mr. Thomas) 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 607 and insert the following:

SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO
ENUMERATION.

(a) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by adding at the end, the
following new subsection:
``(d)(1) Except as provided in paragraph (2), no quarter of
coverage shall be credited for purposes of this section if,
with respect to any individual who is assigned a social
security account number on or after the date of enactment of
the Secure Borders, Economic Opportunity and Immigration
Reform Act of 2007, such quarter of coverage is earned prior
to the year in which such social security account number is
assigned.
``(2) Paragraph (1) shall not apply with respect to any
quarter of coverage earned by an individual who, at such time
such quarter of coverage is earned, satisfies the criterion
specified in subsection (c)(2).''.
(b) Benefit Computation.--Section 215(e) of such Act (42
U.S.C. 415(e)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) in computing the average indexed monthly earnings of
an individual who is assigned a social security account
number on or after the date of enactment of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007, there shall not be counted any wages or self-employment
income for which no quarter of coverage may be credited to
such individual as a result of the application of section
214(d).''.

______

SA 1196. 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:

At the appropriate place, insert the following:

SEC. ___. CUSTOMS AND BORDER PATROL MANAGEMENT FLEXIBILITY.

Notwithstanding any other provision of law, the
Commissioner of U.S. Customs and Border Patrol may employ,
appoint, discipline, terminate, and fix the compensation,
terms, and conditions of employment of Federal service for
such a number of individuals as the Commissioner determines
to be necessary to carry out the functions of the U.S.
Customs and Border Patrol. The Commissioner shall establish
levels of compensation and other benefits for individuals so
employed.

______

SA 1197. 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:

At the end of subsection (e) of section 601, add the
following:
(9) Health coverage.--The alien shall establish that the
alien will maintain a minimum level of health coverage
through a qualified health care plan (within the meaning of
section 223(c) of the Internal Revenue Code of 1986).
______

SA 1198. 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 Y NONIMMIGRANT VISAS.

(a) In General.--The Secretary of Homeland Security shall
annually report to Congress on the number of Y nonimmigrant
visa holders that do not report at a port of departure and
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) Timing of Reports.--
(1) Initial report.--The initial report required under
subsection (a) shall be submitted to Congress 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.
(2) Subsequent reports.--Following the submission of the
initial report under paragraph (1), each subsequent report
required under subsection (a) shall be submitted to Congress
not later than 60 days after the end of each calendar year.
(c) Required Action.--Based upon the findings in the
reports required under subsection (a), the Secretary, for the
following calendar year, shall reduce the number of available
Y nonimmigrant visas by a number which is equal to the number
of Y nonimmigrant visa holders who do not 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.
______

SA 1199. Mr. DODD (for himself and Mr. Menendez) proposed an
amendment SA 1150 proposed by Mr. Reid (for himself and Mr. Specter) to
the bill S. 1348, to provide for comprehensive immigration reform and
for other purposes; as follows:

Beginning on page 270, line 15, strike ``not to exceed
40,000'' and all that follows through ``Y-1 nonimmigrant
status terminated.'' on page 280, line 2, and insert the
following: ``not to exceed 90,000, plus any visas not
required for the classes specified in paragraph (3), or''.
(2) By striking paragraph (2) and inserting the following:
``(2) Spouses or children of an alien lawfully admitted for
permanent residence or a national. Qualified immigrants who
are the spouses or children of an alien lawfully admitted for
permanent residence or a noncitizen national of the United
States as defined in section 101(a)(22)(B) of this Act who is
resident in the United States shall be allocated visas in a
number not to exceed 87,000, plus any visas not required for
the class specified in paragraph (1).''.
(3) By striking paragraph (3) and inserting the following:
``(3) Family-sponsored immigrants who are beneficiaries of
family-based visa petitions filed before May 1, 2005.
Immigrant visas totaling 440,000 shall be allotted visas as
follows:
``(A) Qualified immigrants who are the unmarried sons or
daughters of citizens of the United States shall be allocated
visas totaling 70,400 immigrant visas, plus any visas not
required for the class specified in (D).
``(B) Qualified immigrants who are the unmarried sons or
unmarried daughters of an alien lawfully admitted for
permanent residence, shall be allocated visas totaling
110,000 immigrant visas, plus any visas not required for the
class specified in (A).
``(C) Qualified immigrants who are the married sons or
married daughters of citizens of the United States shall be
allocated

[[Page S6905]]

visas totaling 70,400 immigrant visas, plus any visas not
required for the class specified in (A) and (B).
``(D) Qualified immigrants who are the brothers or sisters
of citizens of the United States, if such citizens are at
least 21 years of age, shall be allocated visas totaling
189,200 immigrant visas, plus any visas not required for the
class specified in (A), (B), and (C).''.
(4) By striking paragraph (4).
(d) Petition.--Section 204(a)(1)(A)(i) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) is amended by
striking ``, (3), or (4)'' after ``paragraph (1)''.
(e) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the first day of the fiscal year subsequent to
the fiscal year of enactment.
(2) Pending and approved petitions.--Petitions for a
family-sponsored visa filed for classification under section
203(a)(1), (2)(B), (3), or (4) of the Immigration and
Nationality Act (as such provisions existed prior to the
enactment of this section) which were filed before May 1,
2005, regardless of whether the petitions have been approved
before May 1, 2005, shall be treated as if such provision
remained in effect, and an approved petition may be the basis
of an immigrant visa pursuant to section 203(a)(3).
(f) Determinations of Number of Intending Lawful Permanent
Residents.--
(1) Survey of pending and approved family-based
petitions.--The Secretary of Homeland Security may require a
submission from petitioners with approved or pending family-
based petitions filed for classification under section
203(a)(1), (2)(B), (3), or (4) of the Immigration and
Nationality Act (as such provisions existed prior to the
enactment of this section) filed on or before May 1, 2005 to
determine that the petitioner and the beneficiary have a
continuing commitment to the petition for the alien relative
under the classification. In the event the Secretary requires
a submission pursuant to this section, the Secretary shall
take reasonable steps to provide notice of such a
requirement. In the event that the petitioner or beneficiary
is no longer committed to the beneficiary obtaining an
immigrant visa under this classification or if the petitioner
does not respond to the request for a submission, the
Secretary of Homeland Security may deny the petition if the
petition has not been adjudicated or revoke the petition
without additional notice pursuant to section 205 if it has
been approved.
(2) First survey of z nonimmigrants intending to adjust
status.--The Secretary shall establish procedures by which
nonimmigrants described in section 101(a)(15)(Z) who seek to
become aliens lawfully admitted for permanent residence under
the merit-based immigrant system shall establish their
eligibility, pay any applicable fees and penalties, and file
their petitions. No later than the conclusion of the eighth
fiscal year after the effective date of section 218D of the
Immigration and Nationality Act, the Secretary will determine
the total number of qualified applicants who have followed
the procedures set forth in this section. The number
calculated pursuant to this paragraph shall be 20 percent of
the total number of qualified applicants. The Secretary will
calculate the number of visas needed per year.
(3) Second survey of z nonimmigrants intending to adjust
status.--No later than the conclusion of the thirteenth
fiscal year after the effective date of section 218D of the
Immigration and Nationality Act, the Secretary will determine
the total number of qualified applicants not described in
paragraph (2) who have followed the procedures set forth in
this section. The number calculated pursuant to this
paragraph shall be the lesser of:
(A) the number of qualified applicants, as determined by
the Secretary pursuant to this paragraph; and
(B) the number calculated pursuant to paragraph (2).
(g) Conforming Amendments.--
(1) Section 212(d)(12)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(12)(B)) is amended by
striking ``201(b)(2)(A)'' and inserting ``201(b)(2)''.
(2) Section 101(a)(15)(K) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended by
striking ``201(b)(2)(A)(i)'' and inserting ``201(b)(2)''.
(3) Section 204(a) of the Immigration and Nationality Act
(8 U.S.C. 1154(a)) is amended by striking ``201(b)(2)(A)(i)''
each place it appears and inserting ``201(b)(2)''.
(4) Section 214(r)(3)(A) of the Immigration and Nationality
Act (8 U.S.C. 1184(r)(3)(A)) is amended by striking
``201(b)(2)(A)(i)'' and inserting ``201(b)(2)''.

SEC. 504. CREATION OF PROCESS FOR IMMIGRATION OF FAMILY
MEMBERS IN HARDSHIP CASES.

(a) In General.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by adding a new section 203A
reading:

``SEC. 203A. IMMIGRANT VISAS FOR HARDSHIP CASES.

``(a) In General.--Immigrant visas under this section may
not exceed 5,000 per fiscal year.
``(b) Determination of Eligibility.--The Secretary of
Homeland Security may grant an immigrant visa to an applicant
who satisfies the following qualifications:
``(1) Family relationship.--Visas under this section will
be given to aliens who are:
``(A) the unmarried sons or daughters of citizens of the
United States;
``(B) the unmarried sons or the unmarried daughters of
aliens lawfully admitted for permanent residence;
``(C) the married sons or married daughters of citizens of
the United States; or
``(D) the brothers or sisters of citizens of the United
States, if such citizens are at least 21 years of age.
``(2) Necessary hardship.--The petitioner must demonstrate
to the satisfaction of the Secretary of Homeland Security
that the lack of an immigrant visa under this clause would
result in extreme hardship to the petitioner or the
beneficiary that cannot be relieved by temporary visits as a
nonimmigrant.
``(3) Ineligibility to immigrate through other means.--The
alien described in clause (1) must be ineligible to immigrate
or adjust status through other means, including but not
limited to obtaining an immigrant visa filed for
classification under section 201(b)(2)(A) or section 203(a)
or (b) of this Act, and obtaining cancellation of removal
under section 240A(b) of this Act. A determination under this
section that an alien is eligible to immigrate through other
means does not foreclose or restrict any later determination
on the question of eligibility by the Secretary of Homeland
Security or the Attorney General.
``(c) Processing of Applications.--
``(1) An alien selected for an immigrant visa pursuant to
this section shall remain eligible to receive such visa only
if the alien files an application for an immigrant visa or an
application for adjustment of status within the fiscal year
in which the visa becomes available, or at such reasonable
time as the Secretary may specify after the end of the fiscal
year for petitions approved in the last quarter of the fiscal
year.
``(2) All petitions for an immigrant visa under this
section shall automatically terminate if not granted within
the fiscal year in which they were filed. The Secretary may
in his discretion establish such reasonable application
period or other procedures for filing petitions as he may
deem necessary in order to ensure their orderly processing
within the fiscal year of filing.
``(3) The Secretary may reserve up to 2,500 of the
immigrant visas under this section for approval in the period
between March 31 and September 30 of a fiscal year.
``(d) Decisions whether an alien qualifies for an immigrant
visa under this section are in the unreviewable discretion of
the Secretary.''.

SEC. 505. ELIMINATION OF DIVERSITY VISA PROGRAM.

(a) Section 201 of the Immigration and Nationality Act (8
U.S.C. 1151) is amended--
(1) in subsection (a)--
(A) by inserting ``and'' at the end of paragraph (1);
(B) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(C) by striking paragraph (3); and
(2) by striking subsection (e).
(b) Section 203 of the Immigration and Nationality Act (8
U.S.C. 1153) is amended--
(1) by striking subsection (c);
(2) in subsection (d), by striking ``(a), (b), or (c),''
and inserting ``(a) or (b),'';
(3) in subsection (e), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(4) in subsection (f), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''; and
(5) in subsection (g), by striking ``(a), (b), and (c)''
and inserting ``(a) and (b)''.
(c) Section 204 of the Immigration and Nationality Act (8
U.S.C. 1154) is amended--
(1) by striking subsection (a)(1)(I);
(2) by redesignating subparagraphs (J), (K), and (L) of
subsection (a)(1) as subparagraphs (I), (J), and (K),
respectively; and
(3) in subsection (e), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''.
(d) Repeal of Temporary Reduction in Visas for Other
Workers.--Section 203(e) of the Nicaraguan Adjustment and
Central American Relief Act, as amended (Public Law 105-100;
8 U.S.C. 1153 note), is repealed.
(e) Effective Date.--
(1) The amendments made by this section shall take effect
on October 1, 2008.
(2) No alien may receive lawful permanent resident status
based on the diversity visa program on or after the effective
date of this section.
(f) Conforming Amendments.--Section 203 of the Immigration
and Nationality Act (8 U.S.C. 1153(a)) is amended by
redesignating paragraphs (d), (e), (f), (g), and (h) as
paragraphs (c), (d), (e), (f), and (g), respectively.

SEC. 506. FAMILY VISITOR VISAS.

(a) Section 101(a)(15)(B) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(B)) is amended to read
as follows:
``(B) an alien (other than one coming for the purpose of
study or of performing skilled or unskilled labor or as a
representative of foreign press, radio, film, or other
foreign information media coming to engage in such vocation)
having a residence in a foreign country which he or she has
no intention of abandoning and who is visiting the United
States temporarily for business or temporarily for pleasure.
The requirement that the alien have a residence in a foreign
country which the alien has no intention of abandoning shall
not apply to an alien described in section 214(s) who is
seeking to enter as a temporary visitor for pleasure;''.
(b) Section 214 of the Immigration and Nationality Act (8
U.S.C. 1184) is amended by adding at the end the following
new subsection:
``(s) Parent Visitor Visas.--

[[Page S6906]]

``(1) In general.--The parent of a United States citizen at
least 21 years of age, or the spouse or child of an alien in
nonimmigrant status under 101(a)(15)(Y)(i), demonstrating
satisfaction of the requirements of this subsection may be
granted a renewable nonimmigrant visa valid for 3 years for a
visit or visits for an aggregate period not in excess of 180
days in any one year period under section 101(a)(15)(B) as a
temporary visitor for pleasure.
``(2) Requirements.--An alien seeking a nonimmigrant visa
under this subsection must demonstrate through presentation
of such documentation as the Secretary may by regulations
prescribe, that--
``(A) the alien's United States citizen son or daughter who
is at least 21 years of age or the alien's spouse or parent
in nonimmigrant status under 101(a)(15)(Y)(i), is sponsoring
the alien's visit to the United States;
``(B) the sponsoring United States citizen, or spouse or
parent in nonimmigrant status under 101(a)(15)(Y)(i), has,
according to such procedures as the Secretary may by
regulations prescribe, posted on behalf of the alien a bond
in the amount of $1,000, which shall be forfeited if the
alien overstays the authorized period of admission (except as
provided in subparagraph (5)(B)) or otherwise violates the
terms and conditions of his or her nonimmigrant status; and
``(C) the alien, the sponsoring United States citizen son
or daughter, or the spouse or parent in nonimmigrant status
under 101(a)(15)(Y)(i), possesses the ability and financial
means to return the alien to his or her country of residence.
``(3) Terms and conditions.--An alien admitted as a visitor
for pleasure under the provisions of this subsection--
``(A) may not stay in the United States for an aggregate
period in excess of 180 days within any calendar year unless
an extension of stay is granted upon the specific approval of
the district director for good cause;
``(B) must, according to such procedures as the Secretary
may by regulations prescribe, register with the Secretary
upon departure from the United States; and
``(C) may not be issued employment authorization by the
Secretary or be employed.
``(4) Permanent bars for overstays.--
``(A) In general.--Any alien admitted as a visitor for
pleasure under the terms and conditions of this subsection
who remains in the United States beyond his or her authorized
period of admission is permanently barred from any future
immigration benefits under the immigration laws, except--
``(i) asylum under section 208(a);
``(ii) withholding of removal under section 241(b)(3); or
``(iii) protection under the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
done at New York December 10, 1984.
``(B) Exception.--Overstay of the authorized period of
admission granted to aliens admitted as visitors for pleasure
under the terms and conditions of this subsection may be
excused in the discretion of the Secretary where it is
demonstrated that:
``(i) the period of overstay was due to extraordinary
circumstances beyond the control of the applicant, and the
Secretary finds the period commensurate with the
circumstances; and
``(ii) the alien has not otherwise violated his or her
nonimmigrant status.
``(5) Bar on sponsor of overstay.--The United States
citizen or Y-1 nonimmigrant sponsor of an alien--
``(A) admitted as a visitor for pleasure under the terms
and conditions of this subsection, and
``(B) who remains in the United States beyond his or her
authorized period of admission, shall be permanently barred
from sponsoring that alien for admission as a visitor for
pleasure under the terms and conditions of this subsection,
and, in the case of a Y-1 nonimmigrant sponsor, shall have
his Y-1 nonimmigrant status terminated.
______

SA 1200. Mr. GREGG 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 subsection (c) of section 418 and all that follows
through subsection (d) of section 420, and insert the
following:
(c) Granting Dual Intent to Certain Nonimmigrant
Students.--Subsection (h) of section 214 of the Immigration
and Nationality Act (8 U.S.C. 1184(h)) is amended--
(1) by striking ``(H)(i)(b) or (c),'' and inserting
``(F)(iv), (H)(i)(b), (H)(i)(c),''; and
(2) by striking ``if the alien had obtained a change of
status'' and inserting ``if the alien had been admitted as,
provided status as, or obtained a change of status''.

SEC. 419. H-1B STREAMLINING AND SIMPLIFICATION.

(a) H-1B Amendments.--
(1) In general.--Section 214(g) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)) is amended--
(A) in paragraph (1)(A), by striking clauses (i) through
(vii) and inserting the following:
``(i) 150,000 in fiscal year 2008;
``(ii) in any subsequent fiscal year, subject to clause
(iii), the number for the previous fiscal year as adjusted in
accordance with the method set forth in paragraph (2); and
``(iii) 215,000 for any fiscal year; or'';
(B) in paragraph (6), as redesignated by section 409--
(i) in subparagraph (B), by striking ``; or'' and inserting
a semicolon;
(ii) in subparagraph (C), by striking ``until the number of
aliens who are exempted from such numerical limitation during
such fiscal year exceeds 20,000.'' and inserting ``; or'';
and
(iii) by adding at the end the following:
``(D) has earned a master's or higher degree in science,
technology, engineering, or mathematics from an institution
of higher education outside of the United States.''; and
(C) in paragraph (9), as redesignated by section 409--
(i) in subparagraph (B)--

(I) in clause (iii), by striking ``The annual numerical
limitations described in clause (i) shall not exceed'' and
inserting ``Without respect to the annual numerical
limitations described in clause (i), the Secretary may issue
a visa or otherwise grant nonimmigrant status pursuant to
section 1101(a)(15)(H)(i)(b) in the following quantities:'';
and

(ii) by striking clause (iv); and
(iii) by striking subparagraph (D).
(2) Applicability.--The amendments made by paragraph (1)(B)
shall apply with respect to any petition or visa application
pending on the date of the enactment of this Act and to any
petition or visa application filed on or after such date of
enactment.
(b) Requiring a Degree.--Paragraph (2) of section 214(i) (8
U.S.C. 1184(i)) is amended--
(1) in subparagraph (A), by striking the comma at the end
and inserting ``; and'';
(2) in subparagraph (B), by striking ``, or'' and inserting
a period; and
(3) by striking subparagraph (C).
(c) Provision of W-2 Forms.--Section 214(g)(5), as
redesignated by section 409, is amended to read as follows:
``(5) In the case of a nonimmigrant described in section
101(a)(15)(H)(i)(b)--
``(A) the period of authorized admission as such a
nonimmigrant may not exceed 6 years (except for a
nonimmigrant who has filed a petition for an immigrant visa
under section 203(b)(1), if 365 days or more have elapsed
since filing and it has not been denied, in which case the
Secretary of Homeland Security may extend the stay of an
alien in 1-year increments until such time as a final
decision is made on the alien's lawful permanent residence);
``(B) if the alien is granted an initial period of
admission less than 6 years, any subsequent application for
an extension of stay for such alien shall include the Form W-
2 Wage and Tax Statement filed by the employer for such
employee, and such other form or information relating to such
employment as the Secretary of Homeland Security, in the
discretion of the Secretary, may specify, with respect to
such nonimmigrant alien employee for the period of admission
granted to the alien; and
``(C) notwithstanding section 6103 of the Internal Revenue
Code of 1986, or any other law, the Commissioner of Internal
Revenue or the Commissioner of the Social Security
Administration shall upon request of the Secretary confirm
whether the Form W-2 Wage and Tax Statement filed by the
employer under subparagraph (B) matches a Form W-2 Wage and
Tax Statement filed with the Internal Revenue Service or the
Social Security Administration, as the case may be.''.
(d) Extension of H-1B Status for Merit-based Adjustment
Applicants.--
(1) In general.--Section 214(g)(4), as redesignated by
section 409, is amended--
(A) by inserting ``(A)'' after ``(4)'';
(B) by striking ``If an alien'' and inserting the
following:
``(B) If an alien''; and
(C) by adding at the end the following:
``(C) Subparagraph (B) shall not apply to such a
nonimmigrant who has filed a petition for an immigrant visa
accompanied by a qualifying employer recommendation under
section 203(b)(1), if 365 days or more have elapsed since
filing and it has not been denied, in which case the
Secretary of Homeland Security may extend the stay of an
alien in 1-year increments until such time as a final
decision is made on the alien's lawful permanent
residence.''.
(2) Repeal.--Section 106 of the American Competitiveness in
the Twenty-first Century Act of 2000 (8 U.S.C. 1184 note) is
amended by striking subsections (a) and (b).

SEC. 420. H-1B EMPLOYER REQUIREMENTS.

(a) Nondisplacement Requirement.--
(1) Extending time period for nondisplacement.--Section
212(n) of the Immigration and Nationality Act (8 U.S.C.
1182(n)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ``90 days'' each place
it appears and inserting ``180 days''; and
(ii) in subparagraph (F)(ii), by striking ``90 days'' each
place it appears and inserting ``180 days''; and
(B) in paragraph (2)(C)(iii), by striking ``90 days'' each
place it appears and inserting ``180 days''.
(2) Effective date.--The amendments made by paragraph (1)--
(A) shall apply to applications filed on or after the date
of the enactment of this Act; and
(B) shall not apply to displacements for periods occurring
more than 90 days before such date.
(b) H-1B Nonimmigrants Not Admitted for Jobs Advertised or
Offered Only to

[[Page S6907]]

H-1B Nonimmigrants.--Section 212(n)(1) of such Act, as
amended by this section, is further amended--
(1) by inserting after subparagraph (G) the following:
``(H)(i) The employer has not advertised the available jobs
specified in the application in an advertisement that states
or indicates that--
``(I) the job or jobs are only available to persons who are
or who may become H-1B nonimmigrants; or
``(II) persons who are or who may become H-1B nonimmigrants
shall receive priority or a preference in the hiring process.
``(ii) The employer has not only recruited persons who are,
or who may become, H-1B nonimmigrants to fill the job or
jobs.''; and
(2) in the flush text at the end, by striking ``The
employer'' and inserting the following:
``(K) The employer''.
(c) Limit on Percentage of H-1B Employees.--Section
212(n)(1) of such Act, as amended by this section, is further
amended by inserting after subparagraph (H), as added by
subsection (b)(1), the following:
``(I) If the employer employs not less than 50 employees in
the United States, not more than 50 percent of such employees
are H-1B nonimmigrants.''.
______

SA 1201. Mr. ALLARD submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; as follows:

At the end of subtitle A of title VII, insert the
following:

SEC. 704. LOSS OF NATIONALITY.

(a) In General.--Section 349(a)(3) (8 U.S.C. 1481(a)(3)) is
amended to read as follows:
``(3) entering, or serving in, the armed forces of a
foreign state if--
``(A) such armed forces are engaged in, or attempt to
engage in, hostilities or acts of terrorism against the
United States; or
``(B) such person is serving or has served as a general
officer in the armed forces of a foreign state; or''.
(b) Special Rule and Definitions.--Such section 349 is
amended by adding at the end the following new subsections:
``(c) Special Rule.--Any person described in subsection
(a), who commits an act described in such subsection, shall
be presumed to have committed such act with the intention of
relinquishing United States nationality, unless such
presumption is overcome by a preponderance of evidence.
``(d) Definitions.--In this section:
``(1) Armed forces of a foreign state.--The term `armed
forces of a foreign state' includes any armed band, militia,
organized force, or other group that is engaged in, or
attempts to engage in, hostilities against the United States
or terrorism.
``(2) Foreign state.--The term `foreign state' includes any
group or organization (including any recognized or
unrecognized quasi-government entity) that is engaged in, or
attempts to engage in, hostilities against the United States
or terrorism.
``(3) Hostilities against the united states.--The term
`hostilities against the United States' means the enticing,
preparation, or encouragement of armed conflict against
United States citizens or businesses or a facility of the
United States Government.
``(4) Terrorism.--The term `terrorism' has the meaning
given that term in section 2(15) of the Homeland Security Act
of 2002 (6 U.S.C. 101(15))''.
______

SA 1202. Mr. OBAMA (for himself and Mr. Menendez) 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 V, insert the following:

SEC. 509. TERMINATION.

(a) In General.--The amendments described in subsection (b)
shall be effective during the 5-year period ending on
September 30 of the fifth fiscal year following the fiscal
year in which this Act is enacted.
(b) Provisions.--The amendments described in this
subsection are the following:
(1) The amendments made by subsections (a) and (b) of
section 501.
(2) The amendments made by subsections (b), (c), and (e) of
section 502.
(3) The amendments made by subsections (a), (b), (c), (d),
and (g) of section 503.
(4) The amendments made by subsection (a) of section 504.
(c) Worldwide Level of Employment-Based Immigrants.--
(1) Temporary supplemental allocation.--Section 201(d) (8
U.S.C. 1151(d)) is amended by adding at the end the follows
new paragraphs:
``(3) Temporary supplemental allocation.--Notwithstanding
paragraphs (1) and (2), there shall be a temporary
supplemental allocation of visas as follows:
``(A) For the first 5 fiscal years in which aliens
described in section 101(a)(15)(Z) are eligible for an
immigrant visa, the number calculated pursuant to section
503(f)(2) of the Secure Borders, Economic Opportunity, and
Immigration Reform Act of 2007.
``(B) In the sixth fiscal year in which aliens described in
section 101(a)(15)(Z) are eligible for an immigrant visa, the
number calculated pursuant to section 503(f)(3) of Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007.
``(C) Starting in the seventh fiscal year in which aliens
described in section 101(a)(15)(Z) are eligible for an
immigrant visa, the number equal to the number of aliens
described in section 101(a)(15)(Z) who became aliens admitted
for permanent residence based on the merit-based evaluation
system in the prior fiscal year until no further aliens
described in section 101(a)(15)(Z) adjust status.
``(4) Termination of temporary supplemental allocation.--
The temporary supplemental allocation of visas described in
paragraph (3) shall terminate when the number of visas
calculated pursuant to paragraph (3)(C) is zero.
``(5) Limitation.--The temporary supplemental visas
described in paragraph (3) shall not be awarded to any
individual other than an individual described in section
101(a)(15)(Z).''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective on October 1 of the sixth fiscal year
following the fiscal year in which this Act is enacted.
______

SA 1203. Mr. COCHRAN submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for othr purposes; which was ordered to lie on the table as
follows;

At the appropriate place in title II, insert the following:

SEC. 2__. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.

(a) Asylum.--Section 208(b)(2)(A) (8 U.S.C. 1158(b)(2)(A))
is amended--
(1) by inserting ``or the Secretary of Homeland Security''
after ``if the Attorney General''; and
(2) by amending clause (v) to read as follows:
``(v) the alien is described in section 212(a)(3)(B)(i) or
section 212(a)(3)(F), unless, in the case of an alien
described in section 212(a)(3)(B)(i)(IX), the Secretary of
Homeland Security or the Attorney General determines, in the
discretion of the Secretary or the Attorney General, that
there are not reasonable grounds for regarding the alien as a
danger to the security of the United States; or''.
(b) Conforming Amendment.--Section 212(a)(3)(B)(ii) (8
U.S.C. 1182(a)(3)(B)(ii)) is amended by striking ``(VII)''
and inserting ``(IX)''.
(c) Cancellation of Removal.--Section 240A(c)(4) (8 U.S.C.
1229b(c)(4)) is amended by--
(1) by striking ``inadmissible under'' and inserting
``described in''; and
(2) by striking ``deportable under'' and inserting
``described in''.
(d) Voluntary Departure.--Section 240B(b)(1)(C) (8 U.S.C.
1229c(b)(1)(C)) is amended by striking ``deportable under
section 237(a)(2)(A)(iii) or section 237(a)(4)'' and
inserting ``described in paragraph (2)(A)(iii) or (4) of
section 237(a)''.
(e) Restriction on Removal.--Section 241(b)(3)(B) (8 U.S.C.
1231(b)(3)(B)) is amended--
(1) by inserting ``or the Secretary of Homeland Security''
after ``Attorney General'' each place such term appears;
(2) in clause (iii), by striking ``or'' at the end;
(3) in clause (iv), by striking the period at the end and
inserting ``; or'';
(4) by inserting after clause (iv) the following:
``(v) the alien is described in section 212(a)(3)(B)(i) or
section 212(a)(3)(F), unless, in the case of an alien
described in subclause (IX) of section 212(a)(3)(B)(i), the
Secretary of Homeland Security or the Attorney General
determines, in his discretion, that there are not reasonable
grounds for regarding the alien as a danger to the security
of the United States.''; and
(5) in the undesignated matter at the end, by striking
``For purposes of clause (iv), an alien who is described in
section 237(a)(4)(B) shall be considered to be an alien with
respect to whom there are reasonable grounds for regarding as
a danger to the security of the United States.''.
(f) Record of Admission.--Section 249 (8 U.S.C. 1259) is
amended to read as follows:

``SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE FOR
CERTAIN ALIENS WHO ENTERED THE UNITED STATES
BEFORE JULY 1, 1924 OR JANUARY 1, 1972.

``(a) In General.--The Secretary of Homeland Security, in
the discretion of the Secretary and under such regulations as
the Secretary may prescribe, may enter a record of lawful
admission for permanent residence in the case of any alien,
if no such record is otherwise available and the alien--
``(1) entered the United States before January 1, 1972;
``(2) has continuously resided in the United States since
such entry;
``(3) has been a person of good moral character since such
entry;
``(4) is not ineligible for citizenship;
``(5) is not described in section 212(a)(1)(A)(iv),
212(a)(2), 212(a)(3), 212(a)(6)(C), 212(a)(6)(E), or
212(a)(8); and
``(6) did not, at any time, without reasonable cause fail
or refuse to attend or remain in attendance at a proceeding
to determine the alien's inadmissibility or deportability.
``(b) Effective Date.--A recordation under subsection (a)
shall be effective--
``(1) as of the date of approval of the application; or
``(2) if such entry occurred before July 1, 1924, as of the
date of such entry.''.
(g) Effective Date.--The amendments made by this section
shall take effect on the

[[Page S6908]]

date of the enactment of this Act. Sections 208(b)(2)(A),
212(a), 240A, 240B, 241(b)(3), and 249 of the Immigration and
Nationality Act, as amended by this section, shall apply to--
(1) all aliens in removal, deportation, or exclusion
proceedings;
(2) all applications pending on, or filed after, the date
of the enactment of this Act; and
(3) with respect to aliens and applications described in
paragraph (1) or (2), acts and conditions constituting a
ground for inadmissibility, excludability, deportation, or
removal occurring or existing before, on, or after the date
of the enactment of this Act.
______

SA 1204. Mr. CORNYN 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 th table; as
follows:

Strike section 203 and insert the following:

SEC. 203. AGGRAVATED FELONY.

(a) Definition of Aggravated Felony.--Section 101(a)(43) (8
U.S.C. 1101(a)(43)) is amended--
(1) by striking ``The term `aggravated felony' means--''
and inserting ``Notwithstanding any other provision of law,
the term `aggravated felony' applies to an offense described
in this paragraph, whether in violation of Federal or State
law, or in violation of the law of a foreign country for
which the term of imprisonment was completed within the
previous 15 years, even if the length of the term of
imprisonment for the offense is based on recidivist or other
enhancements, and regardless of whether the conviction was
entered before, on, or after September 30, 1996, and means--
'';
(2) in subparagraph (A), by striking ``murder, rape, or
sexual abuse of a minor;'' and inserting ``murder, rape, or
sexual abuse of a minor, whether or not the minority of the
victim is established by evidence contained in the record of
conviction or by evidence extrinsic to the record of
conviction;'';
(3) in subparagraph (N), by striking ``paragraph (1)(A) or
(2) of'';
(4) in subparagraph (O), by striking ``section 275(a) or
276 committed by an alien who was previously deported on the
basis of a conviction for an offense described in another
subparagraph of this paragraph'' and inserting ``section 275
or 276 for which the term of imprisonment is at least 1
year'';
(5) in subparagraph (U), by striking ``an attempt or
conspiracy to commit an offense described in this paragraph''
and inserting ``attempting or conspiring to commit an offense
described in this paragraph, or aiding, abetting, counseling,
procuring, commanding, inducing, or soliciting the commission
of such an offense.''; and
(6) by striking the undesignated matter following
subparagraph (U).
(b) Definition of Conviction.--Section 101(a)(48) (8 U.S.C.
1101(a)(48)) is amended by adding at the end the following:
``(C) Any reversal, vacatur, expungement, or modification
of a conviction, sentence, or conviction record that was
granted to ameliorate the consequences of the conviction,
sentence, or conviction record, or was granted for
rehabilitative purposes, or for failure to advise the alien
of the immigration consequences of a guilty plea or a
determination of guilt, shall have no effect on the
immigration consequences resulting from the original
conviction. The alien shall have the burden of demonstrating
that any reversal, vacatur, expungement, or modification was
not granted to ameliorate the consequences of the conviction,
sentence, or conviction record, for rehabilitative purposes,
or for failure to advise the alien of the immigration
consequences of a guilty plea or a determination of guilt.''.
(c) Effective Date.--The amendments made by this section
shall--
(1) take effect on the date of the enactment of this Act;
and
(2) apply to any act that occurred before, on, or after
such date of enactment.
______

SA 1205. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for the comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

In title II, insert after section 203 the following:

SEC. 204. TERRORIST BAR TO GOOD MORAL CHARACTER.

(a) Definition of Good Moral Character.--Section 101(f) (8
U.S.C. 1101(f)) is amended--
(1) by inserting after paragraph (1) the following:
``(2) one who the Secretary of Homeland Security or the
Attorney General determines, in the unreviewable discretion
of the Secretary or the Attorney General, to have been at any
time an alien described in section 212(a)(3) or 237(a)(4),
which determination--
``(A) may be based upon any relevant information or
evidence, including classified, sensitive, or national
security information; and
``(B) shall be binding upon any court regardless of the
applicable standard of review;'';
(2) in paragraph (8), by inserting ``, regardless whether
the crime was classified as an aggravated felony at the time
of conviction, provided that, the Secretary of Homeland
Security or Attorney General may in the unreviewable
discretion of the Secretary or the Attorney General,
determine that this paragraph shall not apply in the case of
a single aggravated felony conviction (other than murder,
manslaughter, homicide, rape, or any sex offense when the
victim of such sex offense was a minor) for which completion
of the term of imprisonment or the sentence (whichever is
later) occurred 10 or more years before the date of
application;'' after ``(as defined in subsection (a)(43))'';
(3) by striking the first sentence of the flush language
after paragraph (9) and inserting following:
`` ``The fact that any person is not within any of the
foregoing classes shall not preclude a discretionary finding
for other reasons that such a person is or was not of good
character. The Secretary or the Attorney General shall not be
limited to the applicant's conduct during the period for
which good moral character is required, but may take into
consideration as a basis for determination the applicant's
conduct and acts at any time.''.
(b) Aggravated Felons.--Section 509(b) of the Immigration
Act of 1990 (8 U.S.C. 1101 note) is amended by striking
``convictions'' and all that follows and inserting
``convictions occurring before, on or after such date.''.
(c) Technical Correction to the Intelligence Reform and
Terrorism Prevention Act of 2004.--Section 5504 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458) is amended--
(1) in paragraph (1), by inserting ``immediately preceding
the flush language beginning `The fact that' '' after ``the
period at the end of paragraph (8)''; and
(2) in paragraph (2), by striking ``adding at the end'' and
inserting ``inserting immediately following paragraph (8) as
amended by this section and immediately preceding the flush
language beginning ``The fact that' ''.
(d) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on the date of the enactment of
this Act, shall apply to any act that occurred before, on, or
after the date of enactment, and shall apply to any
application for naturalization or any other benefit or
relief, or any other case or matter under the immigration
laws pending on or filed after the date of enactment of this
Act. The amendments made by subsection (c) shall take effect
as if included in the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458).
(e) Naturalization of Persons Endangering National
Security.--
(1) In general.--Section 316 (8 U.S.C. 1427) is amended by
adding at the end the following:
``(g) Persons Endangering National Security.--No person may
be naturalized if the Secretary of Homeland Security
determines, in the discretion of the Secretary, to have been
at any time an alien described in section 212(a)(3) or
237(a)(4). Such determination may be based upon any relevant
information or evidence, including classified, sensitive, or
national security information, and shall be binding upon, and
unreviewable by, any court exercising jurisdiction, under the
immigration laws of the United States, over any application
for naturalization, regardless of the applicable standard of
review.''.
(2) Concurrent naturalization and removal proceedings.--
Section 318 (8 U.S.C. 1429) is amended by striking ``: and no
application'' and all that follows and inserting the
following: ``. No application for naturalization shall be
considered by the Secretary of Homeland Security or by any
court if there is pending against the applicant any removal
proceeding or other proceeding to determine the applicant's
inadmissibility or deportability, or to determine whether the
applicant's lawful permanent resident status should be
rescinded, regardless of when such proceeding was commenced.
The findings of the Attorney General in terminating removal
proceedings or in canceling the removal of an alien under
this Act shall not be binding in any way upon the Secretary
of Homeland Security with respect to the question of whether
such person has established his eligibility for
naturalization under this title.''.
(3) Pending denaturalization or removal proceedings.--
Section 204(b) (8 U.S.C. 1154(b)) is amended by adding at the
end the following: ``No petition shall be approved pursuant
to this section if there is any administrative or judicial
proceeding (whether civil or criminal) pending against the
petitioner that could directly or indirectly result in the
petitioner's denaturalization or the loss of the petitioner's
lawful permanent resident status.''.
(4) Conditional permanent residents.--Section 216(e) and
216A(e) (8 U.S.C. 1186a(e) and 1186b(e)) are amended by
inserting ``, if the alien has had the conditional basis
removed pursuant to this section.'' before the period at the
end of each subsection.
(5) District court jurisdiction.--Section 336(b) (8 U.S.C.
1447(b)) is amended to read as follows:
``(b) Request for Hearing Before District Court.--If there
is a failure to render a final administrative decision under
section 335 before the end of the 180-day period beginning on
the date on which the Secretary of Homeland Security
completes all examinations and interviews conducted under
such section (as such terms are defined by the Secretary in
regulation), the applicant may apply to the district court
for the district in which the applicant resides for a hearing
on

[[Page S6909]]

the matter. Such court shall only have jurisdiction to review
the basis for delay and remand the matter to the Secretary of
Homeland Security for the Secretary's determination on the
application.''.
(6) Conforming amendment.--Section 310(c) (8 U.S.C.
1421(c)) is amended--
(A) by inserting ``, not later than 120 days after the
Secretary of Homeland Security's final determination,''
before ``seek''; and
(B) by striking the second sentence and inserting the
following: ``The burden shall be upon the petitioner to show
that the Secretary's denial of the application was not
supported by facially legitimate and bona fide reasons.
Except in a proceeding under section 340, and notwithstanding
any other provision of law, including section 2241 of title
28, United States Code, any other habeas corpus provision,
and sections 1361 and 1651 of such title, no court shall have
jurisdiction to determine, or to review a determination of
the Secretary made at any time regarding, whether, for
purposes of an application for naturalization, an alien--
``(1) is a person of good moral character;
``(2) understands and is attached to the principles of the
Constitution of the United States; or
``(3) is well disposed to the good order and happiness of
the United States.''.
(7) Effective date.--The amendments made by this
subsection--
(A) shall take effect on the date of the enactment of this
Act;
(B) shall apply to any act that occurred before, on, or
after such date of enactment; and
(C) shall apply to any application for naturalization or
any other case or matter under the immigration laws of the
United States that is pending on, or filed after, such date
of enactment.
______

SA 1206. Mr. CORNYN 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. __. USE OF 1986 IRCA LEGALIZATION INFORMATION FOR
NATIONAL SECURITY PURPOSES.

(a) Special Agricultural Workers.--Section 210(b)(6) (8
U.S.C. 1160(b)(6)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (A), by striking ``Justice'' and
inserting ``Homeland Security'';
(3) by redesignating subparagraphs (C) and (D) as
subparagraphs (D) and (E), respectively;
(4) by inserting after subparagraph (B) the following:
``(C) Authorized disclosures.--
``(i) Census purpose.--The Secretary of Homeland Security
may provide, in the discretion of the Secretary, or at the
request of the Attorney General, information furnished under
this section in the same manner and circumstances as census
information may be disclosed under section 8 of title 13,
United States Code.
``(ii) National security purpose.--The Secretary of
Homeland Security may, in the discretion of the Secretary,
use, publish, or release information furnished under this
section to support any investigation, case, or matter, or for
any purpose, relating to terrorism, national intelligence, or
the national security.''; and
(5) in subparagraph (D), as redesignated, by striking
``Service'' and inserting ``Department of Homeland
Security''.
(b) Adjustment of Status Under the Immigration Reform and
Control Act of 1986.--Section 245A(c)(5) (8 U.S.C.
1255a(c)(5)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (A), by striking ``Justice'' and
inserting ``Homeland Security'';
(3) by amending subparagraph (C) to read as follows:
``(C) Authorized disclosures.--
``(i) Census purpose.--The Secretary of Homeland Security
may provide, in the discretion of the Secretary, information
furnished under this section in the same manner and
circumstances as census information may be disclosed under
section 8 of title 13, United States Code.
``(ii) National security purpose.--The Secretary of
Homeland Security may, in the discretion of the Secretary,
use, publish, or release information furnished under this
section to support any investigation, case, or matter, or for
any purpose, relating to terrorism, national intelligence, or
the national security.''; and
(4) in subparagraph (D), by striking ``Service'' and
inserting ``Department of Homeland Security''.
______

SA 1207. Mr. CORNYN 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. __. DEFINITION OF RACKETEERING ACTIVITY.

Section 1961(1) of title 18, United States Code, is amended
by striking ``section 1542'' and all that follows through
``section 1546 (relating to fraud and misuse of visas,
permits, and other documents)'' and inserting ``sections 1541
through 1548 (relating to passport, visa, and immigration
fraud)''.
______

SA 1208. Mr. CORNYN 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. __ SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT
REPATRIATION OF THEIR NATIONALS.

Sec. 243(d) (8 U.S.C. 1253(d)) is amended to read as
follows:
``(d) Discontinuing Granting Visas to Nationals of
Countries That Deny or Delay Accepting Aliens.--
Notwithstanding section 221(c), if the Secretary of Homeland
Security determines that the government of a foreign country
denies or unreasonably delays accepting aliens who are
citizens, subjects, nationals, or residents of that country
after the Secretary asks whether the government will accept
an alien under this section, or after a determination that
the alien is inadmissible under paragraph (6) or (7) of
section 212(a)--
``(1) the Secretary of State, upon notification from the
Secretary of Homeland Security of such denial or delay to
accept aliens under circumstances described in this section,
shall order consular officers in that foreign country to
discontinue granting immigrant visas, nonimmigrant visas, or
both, to citizens, subjects, nationals, and residents of that
country until the Secretary of Homeland Security notifies the
Secretary of State that the country has accepted the aliens;
``(2) the Secretary of Homeland Security may deny admission
to any citizens, subjects, nationals, and residents from that
country; and
``(3) the Secretary of Homeland Security may impose
limitations, conditions, or additional fees on the issuance
of visas or travel from that country and any other sanctions
authorized by law.''.
______

SA 1209. Mr. CORNYN 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. __. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

(a) Limitation on Civil Actions.--No court may certify a
class under Rule 23 of the Federal Rules of Civil Procedure
in any civil action filed after the date of the enactment of
this Act pertaining to the administration or enforcement of
the immigration laws of the United States.
(b) Requirements for an Order Granting Prospective Relief
Against the Government.--
(1) In general.--If a court determines that prospective
relief should be ordered against the Government in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States, the court shall--
(A) limit the relief to the minimum necessary to correct
the violation of law;
(B) adopt the least intrusive means to correct the
violation of law;
(C) minimize, to the greatest extent practicable, the
adverse impact on national security, border security,
immigration administration and enforcement, and public
safety; and
(D) provide for the expiration of the relief on a specific
date, which allows for the minimum practical time needed to
remedy the violation.
(2) Written explanation.--The requirements described in
subsection (1) shall be--
(A) discussed and explained in writing in the order
granting prospective relief; and
(B) sufficiently detailed to allow review by another court.
(3) Expiration of preliminary injunctive relief.--
Preliminary injunctive relief shall automatically expire on
the date that is 90 days after the date on which such relief
is entered, unless the court--
(A) makes the findings required under paragraph (1) for the
entry of permanent prospective relief; and
(B) makes the order final before expiration of such 90-day
period.
(c) Procedure for Motion Affecting Order Granting
Prospective Relief Against the Government.--
(1) In general.--A court shall promptly rule on the
Government's motion to vacate, modify, dissolve, or otherwise
terminate an order granting prospective relief in any civil
action pertaining to the administration or enforcement of the
immigration laws of the United States.
(2) Automatic stays.--
(A) In general.--The Government's motion to vacate, modify,
dissolve, or otherwise terminate an order granting
prospective relief made in any civil action pertaining to the
administration or enforcement of the immigration laws of the
United States shall automatically, and without further order
of the court, stay the order granting prospective relief on
the date that is 15 days after the date on which such motion
is filed unless the court previously has granted or denied
the Government's motion.

[[Page S6910]]

(B) Duration of automatic stay.--An automatic stay under
subparagraph (A) shall continue until the court enters an
order granting or denying the Government's motion.
(C) Postponement.--The court, for good cause, may postpone
an automatic stay under subparagraph (A) for not longer than
15 days.
(D) Automatic stays during remands from higher courts.--If
a higher court remands a decision on a motion subject to this
section to a lower court, the order granting prospective
relief which is the subject of the motion shall be
automatically stayed until the district court enters an order
granting or denying the Government's motion.
(E) Orders blocking automatic stays.--Any order staying,
suspending, delaying, or otherwise barring the effective date
of the automatic stay described in subparagraph (A), other
than an order to postpone the effective date of the automatic
stay for not longer than 15 days under subparagraph (C),
shall be--
(i) treated as an order refusing to vacate, modify,
dissolve or otherwise terminate an injunction; and
(ii) immediately appealable under section 1292(a)(1) of
title 28, United States Code.
(3) Pending motions.--
(A) 45 days or less.--Any motion pending for 45 days or
less on the date of the enactment of this Act shall be
treated as if it had been filed on the date of the enactment
of this Act for purposes of this subsection.
(B) More than 45 days.--Every motion to vacate, modify,
dissolve or otherwise terminate an order granting prospective
relief in any civil action pertaining to the administration
or enforcement of the immigration laws of the United States,
which has been pending for more than 45 days on the date of
enactment of this Act, and remains pending on the 10th day
after such date of enactment, shall result in an automatic
stay, without further order of the court, of the prospective
relief that is the subject of any such motion. An automatic
stay pursuant to this subsection shall continue until the
court enters an order granting or denying the Government's
motion. No further postponement of any such automatic stay
pursuant to this subsection shall be available under
subsection (2)(C).
(4) Requirements for order denying motion.--Subsection (b)
shall apply to any order denying the Government's motion to
vacate, modify, dissolve or otherwise terminate an order
granting prospective relief in any civil action pertaining to
the administration or enforcement of the immigration laws of
the United States.
(d) Additional Rules Concerning Prospective Relief
Affecting Expedited Removal.--
(1) Judicial review.--Except as expressly provided under
section 242(e) of the Immigration and Nationality Act (8
U.S.C. 1252(e)) and notwithstanding any other provision of
law, including section 2241 of title 28, United States Code,
any other habeas provision, and sections 1361 and 1651 of
such title, no court has jurisdiction to grant or continue an
order or part of an order granting prospective relief if the
order or part of the order interferes with, affects, or
impacts any determination pursuant to, or implementation of,
section 235(b)(1) of such Act (8 U.S.C. 1225(b)(1)).
(2) Government motion.--Upon the Government's filing of a
motion to vacate, modify, dissolve or otherwise terminate an
order granting prospective relief in a civil action
identified in subsection (b), the court shall promptly--
(A) decide whether the court continues to have jurisdiction
over the matter; and
(B) vacate any order or part of an order granting
prospective relief that is not within the jurisdiction of the
court.
(3) Applicability.--Paragraphs (1) and (2) shall not apply
to the extent that an order granting prospective relief was
entered before the date of the enactment of this Act and such
prospective relief is necessary to remedy the violation of a
right guaranteed by the United States Constitution.
(e) Settlements.--
(1) Consent decrees.--In any civil action pertaining to the
administration or enforcement of the immigration laws of the
United States, the court may not enter, approve, or continue
a consent decree that does not comply with subsection (b).
(2) Private settlement agreements.--Nothing in this section
shall preclude parties from entering into a private
settlement agreement that does not comply with subsection (b)
if the terms of that agreement are not subject to court
enforcement other than reinstatement of the civil proceedings
that the agreement settled.
(f) Definitions.--In this section:
(1) Consent decree.--The term ``consent decree''--
(A) means any relief entered by the court that is based in
whole or in part on the consent or acquiescence of the
parties; and
(B) does not include private settlements.
(2) Good cause.--The term ``good cause'' does not include
discovery or congestion of the court's calendar.
(3) Government.--The term ``Government'' means the United
States, any Federal department or agency, or any Federal
agent or official acting within the scope of official duties.
(4) Permanent relief.--The term ``permanent relief'' means
relief issued in connection with a final decision of a court.
(5) Private settlement agreement.--The term ``private
settlement agreement'' means an agreement entered into among
the parties that is not subject to judicial enforcement other
than the reinstatement of the civil action that the agreement
settled.
(6) Prospective relief.--The term ``prospective relief''
means temporary, preliminary, or permanent relief other than
compensatory monetary damages.
(g) Expedited Proceedings.--It shall be the duty of every
court to advance on the docket and to expedite the
disposition of any civil action or motion considered under
this section.
(h) Application of Amendment.--This Act shall apply with
respect to all orders granting prospective relief in any
civil action pertaining to the administration or enforcement
of the immigration laws of the United States, whether such
relief was ordered before, on, or after the date of the
enactment of this Act.
(i) Severability.--If any provision of this title or the
application of such provision to any person or circumstance
is found to be unconstitutional, the remainder of this title
and the application of the provisions of such to any person
or circumstance shall not be affected by such finding.
______

SA 1210. Mr. CORNYN 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:

On page 49, lines 3 and 4, strike ``, which is punishable
by a sentence of imprisonment of five years or more''.
______

SA 1211. Mr. CORNYN 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. __. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF
AGGRAVATED FELONIES OR OTHER SERIOUS OFFENSES.

(a) Inadmissibility on Criminal and Related Grounds;
Waivers.--Section 212 (8 U.S.C. 1182) is amended--
(1) in subsection (a)(2)--
(A) in subparagraph (A)(i)--
(i) in subclause (I), by striking ``, or'' and inserting a
semicolon;
(ii) in subclause (II), by striking the comma at the end
and inserting ``; or''; and
(iii) by inserting after subclause (II) the following:

``(III) a violation of (or a conspiracy or attempt to
violate) an offense described in section 208 of the Social
Security Act (42 U.S.C. 408) (relating to social security
account numbers or social security cards) or section 1028 of
title 18, United States Code (relating to fraud and related
activity in connection with identification documents,
authentication features, and information),''; and

(B) by inserting after subparagraph (J), as redesignated by
section 205(b)(A), the following:
``(K) Citizenship fraud.--Any alien convicted of, or who
admits having committed, or who admits committing acts which
constitute the essential elements of, a violation of, or an
attempt or a conspiracy to violate, section 1425(a) or (b) of
title 18 (relating to the procurement of citizenship or
naturalization unlawfully), is inadmissible.
``(L) Certain firearm offenses.--Any alien who at any time
has been convicted under any law of, or who admits having
committed or admits committing acts which constitute the
essential elements of, purchasing, selling, offering for
sale, exchanging, using, owning, possessing, or carrying, or
of attempting or conspiring to purchase, sell, offer for
sale, exchange, use, own, possess, or carry, any weapon,
part, or accessory which is a firearm or destructive device
(as defined in section 921(a) of title 18, United States
Code) in violation of any law is inadmissible.
``(M) Aggravated felons.--Any alien who has been convicted
of an aggravated felony at any time is inadmissible.
``(N) Crimes of domestic violence, stalking, or violation
of protection orders; crimes against children.--
``(i) Domestic violence, stalking, and child abuse.--Any
alien who at any time is convicted of, or who admits having
committed or admits committing acts which constitute the
essential elements of, a crime of domestic violence, a crime
of stalking, or a crime of child abuse, child neglect, or
child abandonment is inadmissible. In this clause, the term
`crime of domestic violence' means any crime of violence (as
defined in section 16 of title 18, United States Code)
against a person committed by a current or former spouse of
the person, by an individual with whom the person shares a
child in common, by an individual who is cohabiting with or
has cohabited with the person as a spouse, by an individual
similarly situated to a spouse of the person under the
domestic or family violence laws of the jurisdiction where
the offense occurs, or by any other individual against a
person who is protected from that individual's acts under the
domestic or family violence laws of the United States or any
State, Indian tribal government, or unit of local or foreign
government.
``(ii) Violators of protection orders.--Any alien who at
any time is enjoined under

[[Page S6911]]

a protection order issued by a court and whom the court
determines has engaged in conduct that violates the portion
of a protection order that involves protection against
credible threats of violence, repeated harassment, or bodily
injury to the person or persons for whom the protection order
was issued is inadmissible. In this clause, the term
`protection order' means any injunction issued for the
purpose of preventing violent or threatening acts of domestic
violence, including temporary or final orders issued by civil
or criminal courts (other than support or child custody
orders or provisions) whether obtained by filing an
independent action or as a independent order in another
proceeding.''; and
(2) in subsection (h)--
(A) by inserting ``or the Secretary of Homeland Security''
after ``the Attorney General'' each place such term appears;
(B) in the matter preceding paragraph (1), by striking
``The Attorney General may, in his discretion, waive the
application of subparagraphs (A)(i)(I), (B), (D), and (E) of
subsection (a)(2)'' and inserting ``The Attorney General or
the Secretary of Homeland Security may waive the application
of subparagraphs (A)(i)(I), (A)(i)(III), (B), (D), (E), (K),
and (M) of subsection (a)(2)'';
(C) in the matter following paragraph (2)--
(i) by striking ``torture.'' and inserting ``torture, or
has been convicted of an aggravated felony.''; and
(ii) by striking ``if either since the date of such
admission the alien has been convicted of an aggravated
felony or the alien'' and inserting ``if since the date of
such admission the alien''.
(b) Deportability; Criminal Offenses.--Section 237(a)(3)(B)
(8 U.S.C. 1227(a)(3)(B)) is amended--
(1) in clause (i), by striking the comma at the end and
inserting a semicolon;
(2) in clause (ii), by striking ``, or'' at the end and
inserting a semicolon;
(3) in clause (iii), by striking the comma at the end and
inserting ``; or''; and
(4) by inserting after clause (iii) the following:
``(iv) of a violation of, or an attempt or a conspiracy to
violate, subsection (a) or (b) of section 1425 of title 18
(relating to the procurement of citizenship or naturalization
unlawfully),''.
(c) Deportability; Criminal Offenses.--Section 237(a)(2) (8
U.S.C. 1227(a)(2)) is amended by adding at the end the
following:
``(F) Identification fraud.--Any alien who is convicted of
a violation of (or a conspiracy or attempt to violate) an
offense described in section 208 of the Social Security Act
(42 U.S.C. 408) (relating to social security account numbers
or social security cards) or section 1028 of title 18, United
States Code (relating to fraud and related activity in
connection with identification), is deportable.''.
(d) Effective Date.--The amendments made by this section
shall apply to--
(1) any act that occurred before, on, or after the date of
the enactment of this Act;
(2) all aliens who are required to establish admissibility
on or after such date of enactment; and
(3) all removal, deportation, or exclusion proceedings that
are filed, pending, or reopened, on or after such date of
enactment.
(e) Construction.--The amendments made by subsection (a)
may not be construed to create eligibility for relief from
removal under former section 212(c) of the Immigration and
Nationality Act if such eligibility did not exist before such
amendments became effective.
______

SA 1212. Mr. CORNYN 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. __. REPORTING REQUIREMENTS.

(a) Clarifying Address Reporting Requirements.--Section 265
(8 U.S.C. 1305) is amended--
(1) in subsection (a)--
(A) by striking ``notify the Attorney General in writing''
and inserting ``submit written or electronic notification to
the Secretary of Homeland Security, in a manner approved by
the Secretary,'';
(B) by striking ``the Attorney General may require by
regulation'' and inserting ``the Secretary may require''; and
(C) by adding at the end the following: ``If the alien is
involved in a proceeding before an immigration judge or in an
administrative appeal of such proceeding, the alien shall
submit to the Attorney General the alien's current address
and a telephone number, if any, at which the alien may be
contacted.'';
(2) in subsection (b), by striking ``Attorney General''
each place such term appears and inserting ``Secretary of
Homeland Security'';
(3) in subsection (c), by striking ``given to such parent''
and inserting ``given by such parent''; and
(4) by adding at the end the following:
``(d)(1) Except as otherwise provided by the Secretary
under paragraph (2), an address provided by an alien under
this section--
``(A) shall be the alien's current residential mailing
address; and
``(B) may not be a post office box, another nonresidential
mailing address, or the address of an attorney,
representative, labor organization, or employer.
``(2) The Secretary may provide specific requirements with
respect to--
``(A) designated classes of aliens and special
circumstances, including aliens who are employed at a remote
location; and
``(B) the reporting of address information by aliens who
are incarcerated in a Federal, State, or local correctional
facility.
``(3) An alien who is being detained by the Secretary under
this Act--
``(A) is not required to report the alien's current address
under this section while the alien remains in detention; and
``(B) shall notify the Secretary of the alien's address
under this section at the time of the alien's release from
detention.
``(e)(1) Notwithstanding any other provision of law, the
Secretary may provide for the appropriate coordination and
cross referencing of address information provided by an alien
under this section with other information relating to the
alien's address under other Federal programs, including--
``(A) any information pertaining to the alien, which is
submitted in any application, petition, or motion filed under
this Act with the Secretary of Homeland Security, the
Secretary of State, or the Secretary of Labor;
``(B) any information available to the Attorney General
with respect to an alien in a proceeding before an
immigration judge or an administrative appeal or judicial
review of such proceeding;
``(C) any information collected with respect to
nonimmigrant foreign students or exchange program
participants under section 641 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1372); and
``(D) any information collected from State or local
correctional agencies pursuant to the State Criminal Alien
Assistance Program.
``(2) The Secretary may rely on the most recent address
provided by the alien under this section or section 264 to
send to the alien any notice, form, document, or other matter
pertaining to Federal immigration laws, including service of
a notice to appear. The Attorney General and the Secretary
may rely on the most recent address provided by the alien
under section 239(a)(1)(F) to contact the alien about pending
removal proceedings.
``(3) The alien's provision of an address for any other
purpose under the Federal immigration laws does not excuse
the alien's obligation to submit timely notice of the alien's
address to the Secretary under this section (or to the
Attorney General under section 239(a)(1)(F) with respect to
an alien in a proceeding before an immigration judge or an
administrative appeal of such proceeding).''.
(b) Conforming Changes With Respect to Registration
Requirements.--Chapter 7 of title II (8 U.S.C. 1301 et seq.)
is amended--
(1) in section 262(c), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security'';
(2) in section 263(a), by striking ``Attorney General'' and
inserting ``Secretary of Homeland Security''; and
(3) in section 264--
(A) in subsections (a), (b), (c), and (d), by striking
``Attorney General'' each place it appears and inserting
``Secretary of Homeland Security''; and
(B) in subsection (f)--
(i) by striking ``Attorney General is authorized'' and
inserting ``Secretary of Homeland Security and Attorney
General are authorized''; and
(ii) by striking ``Attorney General or the Service'' and
inserting ``Secretary or the Attorney General''.
(c) Penalties.--Section 266 (8 U.S.C. 1306) is amended--
(1) by amending subsection (b) to read as follows:
``(b)(1) Any alien or any parent or legal guardian in the
United States of a minor alien who fails to notify the
Secretary of Homeland Security of the alien's current address
in accordance with section 265 shall be fined under title 18,
United States Code, imprisoned for not more than 6 months, or
both.
``(2) Any alien who violates section 265 (regardless of
whether the alien is punished under paragraph (1)) and does
not establish to the satisfaction of the Secretary that such
failure was reasonably excusable or was not willful shall be
taken into custody in connection with removal of the alien.
If the alien has not been inspected or admitted, or if the
alien has failed on more than 1 occasion to submit notice of
the alien's current address as required under section 265,
the alien may be presumed to be a flight risk.
``(3) The Secretary or the Attorney General, in considering
any form of relief from removal which may be granted in the
discretion of the Secretary or the Attorney General, may take
into consideration the alien's failure to comply with section
265 as a separate negative factor. If the alien failed to
comply with the requirements of section 265 after becoming
subject to a final order of removal, deportation, or
exclusion, the alien's failure shall be considered as a
strongly negative factor with respect to any discretionary
motion for reopening or reconsideration filed by the
alien.'';
(2) in subsection (c), by inserting ``or a notice of
current address'' before ``containing statements''; and
(3) in subsections (c) and (d), by striking ``Attorney
General'' each place it appears and inserting ``Secretary''.
(d) Effective Dates.--
(1) In general.--Except as provided under paragraph (2),
the amendments made by this

[[Page S6912]]

section shall apply to proceedings initiated on or after the
date of the enactment of this Act.
(2) Conforming and technical amendments.--The amendments
made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection
(a) are effective as if enacted on March 1, 2003.
______

SA 1213. Mr. CORNYN 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:

After section 203, insert the following:

SEC. 203A. PRECLUDING REFUGEES AND ASYLEES WHO HAVE BEEN
CONVICTED OF AGGRAVATED FELONIES FROM
ADJUSTMENT TO LEGAL PERMANENT RESIDENT STATUS.

(a) In General.--Section 209(c) (8 U.S.C. 1159(c)) is
amended--
(1) by inserting ``(1)'' before ``The provisions''; and
(2) by adding at the end the following:
``(2) An alien who is convicted of an aggravated felony, as
defined in section 101(a)(43), is not eligible for a waiver
under paragraph (1) or for adjustment of status under this
section.''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to--
(1) any act that occurred before, on, or after the date of
the enactment of this Act;
(2) all aliens who are required to establish admissibility
on or after such date of enactment; and
(3) all removal, deportation, or exclusion proceedings that
are filed, pending, or reopened, on or after such date of
enactment.
______

SA 1214. Mr. CORNYN 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:

After section 305, insert the following:

SEC. 305A. ADDITIONAL CRIMINAL PENALTIES FOR MISUSE OF SOCIAL
SECURITY ACCOUNT NUMBERS.

(a) In General.--Section 208(a) of the Social Security Act
(42 U.S.C. 408(a)) is amended--
(1) by amending paragraph (7) to read as follows:
``(7) for any purpose--
``(A) knowingly possesses or uses a social security account
number or social security card knowing that such number or
card was obtained from the Commissioner of Social Security by
means of fraud or false statement;
``(B) knowingly and falsely represents a number to be the
social security account number assigned by the Commissioner
of Social Security to the person or to another person, when
in fact such number is not the social security account number
assigned by the Commissioner of Social Security to such
person or to such other person;
``(C) knowingly buys, sells, or possesses with intent to
buy or sell a social security account number or a social
security card that is or purports to be a number or card
issued by the Commissioner of Social Security;
``(D) knowingly alters, counterfeits, forges, or falsely
makes a social security account number or a social security
card; or
``(E) knowingly possesses, uses, distributes, or transfers
a social security account number or a social security card
knowing the number or card to be altered, counterfeited,
forged, falsely made, or stolen; or'';
(2) in paragraph (8)--
(A) by inserting ``knowingly'' before ``discloses'';
(B) by inserting ``account'' after ``security''; and
(C) by striking the semicolon and inserting ``; or'';
(3) by inserting after paragraph (8) the following:
``(9) without lawful authority, knowingly produces or
acquires for any person a social security account number, a
social security card, or a number or card that purports to be
a social security account number or social security card;'';
and
(4) in the flush text, by striking ``five'' and inserting
``10''.
(b) Conspiracy and Disclosure.--Section 208 of the Social
Security Act (42 U.S.C. 408) is further amended by adding at
the end the following:
``(f) Whoever attempts or conspires to violate any criminal
provision under this section shall be punished in the same
manner as a person who completes a violation of such
provision.
``(g)(1) Notwithstanding any other provision of law and
subject to paragraph (3), the Commissioner of Social Security
shall disclose to any Federal law enforcement agency the
records described in paragraph (2) if such law enforcement
agency requests such records for the purpose of investigating
a violation of this section or any other felony offense.
``(2) The records described in this paragraph are records
of the Social Security Administration concerning--
``(A) the identity, address, location, or financial
institution accounts of the holder of a social security
account number or social security card;
``(B) the application for and issuance of a social security
account number or social security card; and
``(C) the existence or nonexistence of a social security
account number or social security card.
``(3) The Commissioner of Social Security may not disclose
any tax return or tax return information pursuant to this
subsection except as authorized by section 6103 of the
Internal Revenue Code of 1986.''.
______

SA 1215. Mr. CORNYN 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. __. JUDICIAL REVIEW OF VISA REVOCATION.

Section 221(i) (8 U.S.C. 1201) is amended by striking the
last sentence and inserting the following: ``Notwithstanding
any other provision of law, including section 2241 of title
28, United States Code, or any other habeas corpus provision,
and sections 1361 and 1651 of such title, a revocation under
this subsection may not be reviewed by any court, and no
court shall have jurisdiction to hear any claim arising from,
or any challenge to, such a revocation.''.
______

SA 1216. Mr. CORNYN 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. __. WITHHOLDING OF REMOVAL.

(a) In General.--Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is
amended--
(1) in subparagraph (A), by adding at the end the
following: ``The alien has the burden of proof to establish
that the alien's life or freedom would be threatened in such
country, and that race, religion, nationality, membership in
a particular social group, or political opinion would be at
least 1 central reason for such threat.''; and
(2) in subparagraph (C), by striking ``In determining
whether an alien has demonstrated that the alien's life or
freedom would be threatened for a reason described in
subparagraph (A)'' and inserting ``For purposes of this
paragraph''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect as if enacted on May 11, 2005, and shall
apply to applications for withholding of removal made on or
after such date.
______

SA 1217. Mr. CORNYN 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. __. JUDICIAL REVIEW OF DISCRETIONARY DETERMINATIONS AND
REMOVAL ORDERS RELATING TO CRIMINAL ALIENS.

(a) Denial of Relief.--Section 242(a)(2)(B) (8 U.S.C.
1252(a)(2)(B)) is amended to read as follows:
``(B) Denial of discretionary relief and certain other
relief.--Except as provided under subparagraph (D), and
notwithstanding any other provision of law, including section
2241 of title 28, any other habeas corpus provision, and
sections 1361 and 1651 of such title, and regardless of
whether the individual determination, decision, or action is
made in removal proceedings, no court shall have jurisdiction
to review--
``(i) any individual determination regarding the granting
of status or relief under section 212(h), 212(i), 240A, 240B,
or 245; or
``(ii) any discretionary decision or action of the Attorney
General or the Secretary of Homeland Security under this Act
or the regulations promulgated under this Act, other than the
granting of relief under section 208(a), regardless of
whether such decision or action is guided or informed by
standards or guidelines, regulatory, statutory, or
otherwise.''.
(b) Final Order of Removal.--Section 242(a)(2)(C) (8 U.S.C.
1252(a)(2)(C)) is amended to read as follows:
``(C) Except as provided under subparagraph (D), and
notwithstanding any other provision of law, including section
2241 of title 28, any other habeas corpus provision, and
sections 1361 and 1651 of such title, no court shall have
jurisdiction to review any final order of removal (regardless
of whether relief or protection was denied on the basis of
the alien's having committed a criminal offense) against an
alien who is removable for committing a criminal offense
under section 208(a)(2) or subparagraph (A)(iii), (B), (C),
or (D) of section 237(a)(2), or any offense under section
237(a)(2)(A)(ii) for which both predicate offenses are,
without regard to their date of commission, described in
section 237(a)(2)(A)(i).''.
______

SA 1218. Mr. CORNYN 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:

[[Page S6913]]

SEC. ___. ACCESS TO NATIONAL CRIME INFORMATION CENTER'S
INTERSTATE IDENTIFICATION INDEX.

(a) Criminal Justice Activities.--Section 104 of the
Immigration and Nationality Act (8 U.S.C. 1104) is amended by
adding at the end the following:
``(f) Criminal Justice Activities.--Notwithstanding any
other provision of law, any Department of State personnel
with authority to grant or refuse visas or passports may
carry out activities that have a criminal justice purpose.''.
(b) Liaison With Internal Security Officers; Data
Exchange.--Section 105 of the Immigration and Nationality Act
(8 U.S.C. 1105) is amended by striking subsections (b) and
(c) and inserting the following:
``(b) Access to NCIC-IIII.--
``(1) In general.--Notwithstanding any other provision of
law, the Attorney General and the Director of the Federal
Bureau of Investigation shall provide to the Department of
Homeland Security and the Department of State access to the
criminal history record information contained in the National
Crime Information Center's Interstate Identification Index
(NCIC-III) and the Wanted Persons File and to any other files
maintained by the National Crime Information Center for the
purpose of determining whether an applicant or petitioner for
a visa, admission, or any benefit, relief, or status under
the immigration laws, or any beneficiary of an application or
petition under the immigration laws, has a criminal history
record indexed in the file.
``(2) Authorized activities.--
``(A) In general.--The Secretary of Homeland Security and
the Secretary of State--
``(i) shall have direct access, without any fee or charge,
to the information described in paragraph (1) to conduct
name-based searches, file number searches, and any other
searches that any criminal justice or other law enforcement
officials are entitled to conduct; and
``(ii) may contribute to the records maintained by the
National Crime Information Center.
``(B) Secretary of homeland security.--The Secretary of
Homeland Security shall receive, on request by the Secretary
of Homeland Security, access to the information described in
paragraph (1) by means of extracts of the records for
placement in the appropriate database without any fee or
charge.
``(c) Criminal Justice and Law Enforcement Purposes.--
Notwithstanding any other provision of law, adjudication of
eligibility for benefits under the immigration laws and other
purposes relating to citizenship and immigration services,
shall be considered to be criminal justice or law enforcement
purposes with respect to access to or use of any information
maintained by the National Crime Information Center or other
criminal history information or records.''.

______

SA 1219. Mr. CORNYN 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 subsections (e)(2) and (f)(1) of section 503, strike
``May 1, 2005'' each place it appears and insert ``January 1,
2007''.

______

SA 1220. Mr. GREGG 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 subsection (c) of section 418 and all that follows
through subsection (d) of section 420, and insert the
following:
(c) Granting Dual Intent to Certain Nonimmigrant
Students.--Subsection (h) of section 214 of the Immigration
and Nationality Act (8 U.S.C. 1184(h)) is amended--
(1) by striking ``(H)(i)(b) or (c),'' and inserting
``(F)(iv), (H)(i)(b), (H)(i)(c),''; and
(2) by striking ``if the alien had obtained a change of
status'' and inserting ``if the alien had been admitted as,
provided status as, or obtained a change of status''.

SEC. 419. H-1B STREAMLINING AND SIMPLIFICATION.

(a) H-1B Amendments.--
(1) In general.--Section 214(g) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)) is amended--
(A) in paragraph (1)(A), by striking clauses (i) through
(vii) and inserting the following:
``(i) 150,000 in fiscal year 2008;
``(ii) in any subsequent fiscal year, subject to clause
(iii), the number for the previous fiscal year as adjusted in
accordance with the method set forth in paragraph (2); and
``(iii) 215,000 for any fiscal year; or'';
(B) in paragraph (6), as redesignated by section 409--
(i) in subparagraph (B), by striking ``; or'' and inserting
a semicolon;
(ii) in subparagraph (C), by striking ``until the number of
aliens who are exempted from such numerical limitation during
such fiscal year exceeds 20,000.'' and inserting ``; or'';
and
(iii) by adding at the end the following:
``(D) has earned a master's or higher degree in science,
technology, engineering, or mathematics from an institution
of higher education outside of the United States.''; and
(C) in paragraph (9), as redesignated by section 409--
(i) in subparagraph (B)--

(I) in clause (iii), by striking ``The annual numerical
limitations described in clause (i) shall not exceed'' and
inserting ``Without respect to the annual numerical
limitations described in clause (i), the Secretary may issue
a visa or otherwise grant nonimmigrant status pursuant to
section 1101(a)(15)(H)(i)(b) in the following quantities:'';
and

(ii) by striking clause (iv); and
(iii) by striking subparagraph (D).
(2) Applicability.--The amendments made by paragraph (1)(B)
shall apply with respect to any petition or visa application
pending on the date of the enactment of this Act and to any
petition or visa application filed on or after such date of
enactment.
(b) Requiring a Degree.--Paragraph (2) of section 214(i) (8
U.S.C. 1184(i)) is amended--
(1) in subparagraph (A), by striking the comma at the end
and inserting ``; or'';
(2) in subparagraph (B), by striking ``, or'' and inserting
a period; and
(3) by striking subparagraph (C).
(c) Provision of W-2 Forms.--Section 214(g)(5), as
redesignated by section 409, is amended to read as follows:
``(5) In the case of a nonimmigrant described in section
101(a)(15)(H)(i)(b)--
``(A) the period of authorized admission as such a
nonimmigrant may not exceed 6 years (except for a
nonimmigrant who has filed a petition for an immigrant visa
under section 203(b)(1), if 365 days or more have elapsed
since filing and it has not been denied, in which case the
Secretary of Homeland Security may extend the stay of an
alien in 1-year increments until such time as a final
decision is made on the alien's lawful permanent residence);
``(B) if the alien is granted an initial period of
admission less than 6 years, any subsequent application for
an extension of stay for such alien shall include the Form W-
2 Wage and Tax Statement filed by the employer for such
employee, and such other form or information relating to such
employment as the Secretary of Homeland Security, in the
discretion of the Secretary, may specify, with respect to
such nonimmigrant alien employee for the period of admission
granted to the alien; and
``(C) notwithstanding section 6103 of the Internal Revenue
Code of 1986, or any other law, the Commissioner of Internal
Revenue or the Commissioner of the Social Security
Administration shall upon request of the Secretary confirm
whether the Form W-2 Wage and Tax Statement filed by the
employer under subparagraph (B) matches a Form W-2 Wage and
Tax Statement filed with the Internal Revenue Service or the
Social Security Administration, as the case may be.''.
(d) Extension of H-1B Status for Merit-based Adjustment
Applicants.--
(1) In general.--Section 214(g)(4), as redesignated by
section 409, is amended--
(A) by inserting ``(A)'' after ``(4)'';
(B) by striking ``If an alien'' and inserting the
following:
``(B) If an alien''; and
(C) by adding at the end the following:
``(C) Subparagraph (B) shall not apply to such a
nonimmigrant who has filed a petition for an immigrant visa
accompanied by a qualifying employer recommendation under
section 203(b)(1), if 365 days or more have elapsed since
filing and it has not been denied, in which case the
Secretary of Homeland Security may extend the stay of an
alien in 1-year increments until such time as a final
decision is made on the alien's lawful permanent
residence.''.
(2) Repeal.--Section 106 of the American Competitiveness in
the Twenty-first Century Act of 2000 (8 U.S.C. 1184 note) is
amended by striking subsections (a) and (b).

SEC. 420. H-1B EMPLOYER REQUIREMENTS.

(a) Nondisplacement Requirement.--
(1) Extending time period for nondisplacement.--Section
212(n) of the Immigration and Nationality Act (8 U.S.C.
1182(n)) is amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ``90 days'' each place
it appears and inserting ``180 days''; and
(ii) in subparagraph (F)(ii), by striking ``90 days'' each
place it appears and inserting ``180 days''; and
(B) in paragraph (2)(C)(iii), by striking ``90 days'' each
place it appears and inserting ``180 days''.
(2) Effective date.--The amendments made by paragraph (1)--
(A) shall apply to applications filed on or after the date
of the enactment of this Act; and
(B) shall not apply to displacements for periods occurring
more than 90 days before such date.
(b) H-1B Nonimmigrants Not Admitted for Jobs Advertised or
Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of
such Act, as amended by this section, is further amended--
(1) by inserting after subparagraph (G) the following:
``(H)(i) The employer has not advertised the available jobs
specified in the application in an advertisement that states
or indicates that--
``(I) the job or jobs are only available to persons who are
or who may become H-1B nonimmigrants; or
``(II) persons who are or who may become H-1B nonimmigrants
shall receive priority or a preference in the hiring process.
``(ii) The employer has not only recruited persons who are,
or who may become, H-1B nonimmigrants to fill the job or
jobs.''; and

[[Page S6914]]

(2) in the flush text at the end, by striking ``The
employer'' and inserting the following:
``(K) The employer''.
(c) Limit on Percentage of H-1B Employees.--Section
212(n)(1) of such Act, as amended by this section, is further
amended by inserting after subparagraph (H), as added by
subsection (b)(1), the following:
``(I) If the employer employs not less than 50 employees in
the United States, not more than 50 percent of such employees
are H-1B nonimmigrants.''.

______

SA 1221. Mr. CARDIN 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. __. SSI EXTENSION FOR HUMANITARIAN IMMIGRANTS.

Section 402(a)(2) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2))
is amended by adding at the end the following:
``(M) SSI extension through fiscal year 2010.--
``(i) In general.--With respect to eligibility for benefits
for the specified Federal program described in paragraph
(3)(A), the 7-year period described in subparagraph (A) shall
be deemed to be a 9-year period during the period that begins
on the date of enactment of this subparagraph and ends on
September 30, 2010.
``(ii) Aliens whose benefits ceased in prior fiscal
years.--

``(I) In general.--Beginning on the date of enactment of
this subparagraph, any qualified alien rendered ineligible
for the specified Federal program described in paragraph
(3)(A) during fiscal years prior to the fiscal year in which
such subparagraph is enacted solely by reason of the
termination of the 7-year period described in subparagraph
(A) shall be eligible for such program for an additional 2-
year period in accordance with this subparagraph, if such
alien meets all other eligibility factors under title XVI of
the Social Security Act.
``(II) Payment of benefits.--Benefits paid under subclause
(I) shall be paid prospectively over the duration of the
qualified alien's renewed eligibility.''.

______

SA 1222. Mr. CORNYN 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 604 (relating to mandatory disclosure of
information) and insert the following:

SEC. 604. MANDATORY DISCLOSURE OF INFORMATION.

(a) In General.--Except as otherwise provided in this
section, no Federal agency or bureau, or any officer or
employee of such agency or bureau, may--
(1) use the information furnished by the applicant pursuant
to an application filed under section 601 and 602, for any
purpose, other than to make a determination on the
application;
(2) make any publication through which the information
furnished by any particular applicant can be identified; or
(3) permit anyone other than the sworn officers, employees
or contractors of such agency, bureau, or approved entity, as
approved by the Secretary of Homeland Security, to examine
individual applications that have been filed.
(b) Required Disclosures.--The Secretary of Homeland
Security and the Secretary of State shall provide the
information furnished pursuant to an application filed under
section 601 and 602, and any other information derived from
such furnished information, to--
(1) a law enforcement entity, intelligence agency, national
security agency, component of the Department of Homeland
Security, court, or grand jury 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;
(2) a law enforcement entity, intelligence agency, national
security agency, or component of the Department of Homeland
Security in connection with a duly authorized investigation
of a civil violation, in each instance about an individual
suspect or group of suspects, when such information is
requested by such entity; or
(3) an official coroner for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
(c) Inapplicability After Denial.--The limitations under
subsection (a)--
(1) shall apply only until an application filed under
section 601 and 602 is denied and all opportunities for
administrative appeal of the denial have been exhausted; and
(2) shall not apply to the 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.
(d) Criminal Convictions.--Notwithstanding any other
provision of this section, information concerning whether the
applicant has at any time been convicted of a crime may be
used or released for immigration enforcement and law
enforcement purposes.
(e) Auditing and Evaluation of Information.--The Secretary
may audit and evaluate information furnished as part of any
application filed under sections 601 and 602, any application
to extend such status under section 601(k), or any
application to adjust status to that of an alien lawfully
admitted for permanent residence under section 602, for
purposes of identifying fraud or fraud schemes, and may use
any evidence detected by means of audits and evaluations for
purposes of investigating, prosecuting or referring for
prosecution, denying, or terminating immigration benefits.
(f) Use of Information in Petitions and Applications
Subsequent to Adjustment of Status.--If the Secretary has
adjusted an alien's status to that of an alien lawfully
admitted for permanent residence pursuant to section 602,
then at any time thereafter the Secretary may use the
information furnished by the alien in the application for
adjustment of status or in the applications for status
pursuant to sections 601 or 602 to make a determination on
any petition or application.
(g) Criminal Penalty.--Whoever knowingly uses, publishes,
or permits information to be examined in violation of this
section shall be fined not more than $10,000.
(h) Construction.--Nothing in this section shall be
construed to limit the use, or release, for immigration
enforcement purposes of information contained in files or
records of the Secretary or Attorney General pertaining to an
applications filed under sections 601 or 602, other than
information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.
(i) References.--References in this section to section 601
or 602 are references to sections 601 and 602 of this Act and
the amendments made by those sections.

______

SA 1223. Mr. SANDERS proposed an amendment 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:

At the end of title VII, insert the following:

Subtitle C--American Competitiveness Scholarship Program

SEC. 711. AMERICAN COMPETITIVENESS SCHOLARSHIP PROGRAM.

(a) Establishment.--The Director of the National Science
Foundation (referred to in this section as the ``Director'')
shall award scholarships to eligible individuals to enable
such individuals to pursue associate, undergraduate, or
graduate level degrees in mathematics, engineering, health
care, or computer science.
(b) Eligibility.--
(1) In general.--To be eligible to receive a scholarship
under this section, an individual shall--
(A) be a citizen of the United States, a national of the
United States (as defined in section 101(a) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)), an alien
admitted as a refugee under section 207 of such Act (8 U.S.C.
1157), or an alien lawfully admitted to the United States for
permanent residence;
(B) prepare and submit to the Director an application at
such time, in such manner, and containing such information as
the Director may require; and
(C) certify to the Director that the individual intends to
use amounts received under the scholarship to enroll or
continue enrollment at an institution of higher education (as
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)) in order to pursue an associate,
undergraduate, or graduate level degree in mathematics,
engineering, computer science, nursing, medicine, or other
clinical medical program, or technology, or science program
designated by the Director.
(2) Ability.--Awards of scholarships under this section
shall be made by the Director solely on the basis of the
ability of the applicant, except that in any case in which 2
or more applicants for scholarships are deemed by the
Director to be possessed of substantially equal ability, and
there are not sufficient scholarships available to grant one
to each of such applicants, the available scholarship or
scholarships shall be awarded to the applicants in a manner
that will tend to result in a geographically wide
distribution throughout the United States of recipients'
places of permanent residence.
(c) Amount of Scholarship; Renewal.--
(1) Amount of scholarship.--The amount of a scholarship
awarded under this section shall be $15,000 per year, except
that no scholarship shall be greater than the annual cost of
tuition and fees at the institution of higher education in
which the scholarship recipient is enrolled or will enroll.
(2) Renewal.--The Director may renew a scholarship under
this section for an eligible individual for not more than 4
years.
(d) Funding.--The Director shall carry out this section
only with funds made available under section 286(x) of the
Immigration and Nationality Act (as added by section 712) (8
U.S.C. 1356).
(e) Federal Register.--Not later than 60 days after the
date of enactment of this Act, the Director shall publish in
the Federal

[[Page S6915]]

Register a list of eligible programs of study for a
scholarship under this section.

SEC. 712. SUPPLEMENTAL H-1B NONIMMIGRANT PETITIONER ACCOUNT.

Section 286 of the Immigration and Nationality Act (8
U.S.C. 1356) (as amended by this Act) is further amended by
inserting after subsection (w) the following:
``(x) Supplemental H-1B Nonimmigrant Petitioner Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the `Supplemental H-1B Nonimmigrant Petitioner Account'.
Notwithstanding any other section of this Act, there shall be
deposited as offsetting receipts into the account all fees
collected under section 214(c)(15).
``(2) Use of fees for american competitiveness scholarship
program.--The amounts deposited into the Supplemental H-1B
Nonimmigrant Petitioner Account shall remain available to the
Director of the National Science Foundation until expended
for scholarships described in section 711 of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007 for students enrolled in a program of study leading to a
degree in mathematics, engineering, health care, or computer
science.''.

SEC. 713. SUPPLEMENTAL FEES.

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) In each instance where the Attorney General, the
Secretary of Homeland Security, or the Secretary of State is
required to impose a fee pursuant to paragraph (9) or (11),
the Attorney General, the Secretary of Homeland Security, or
the Secretary of State, as appropriate, shall impose a
supplemental fee on the employer in addition to any other fee
required by such paragraph or any other provision of law, in
the amount determined under subparagraph (B).
``(B) The amount of the supplemental fee shall be $8,500,
except that the fee shall be \1/2\ that amount for any
employer with not more than 25 full-time equivalent employees
who are employed in the United States (determined by
including any affiliate or subsidiary of such employer).
``(C) Fees collected under this paragraph shall be
deposited in the Treasury in accordance with section
286(x).''.
______

SA 1224. Mr. COBURN 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:

Purpose: To prohibit illegal immigrants from receiving
welfare.
Section 602(a)(6) is amended by adding at the end the
following: ``In no event shall a Z nonimmigrant or an alien
granted probationary benefits under section 601(h) be
eligible for assistance under the designated Federal program
described in section 402(b)(3)(A) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1612(b)(3)(A)) before the date that is 5 years
after the date on which the alien's status is adjusted under
this section to that of an alien lawfully admitted for
permanent residence.''.
______

SA 1225. Mr. LEVIN 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(d)(1), strike subparagraph (I) and insert
the following:
(I) The Secretary, in the discretion of the Secretary--
(i) may waive ineligibility under subparagraph (B) or (C)
if the alien--

(I) has not been physically removed from the United States;
and
(II) demonstrates that the departure of the alien from the
United States would result in extreme hardship to the alien
or the spouse, parent, or child of the alien; and

(ii) shall, unless the Secretary or the Attorney General
determines that a waiver is not in the public interest based
on the particular facts of the application for asylum of the
alien, waive ineligibility under subparagraph (B) if--

(I) notwithstanding subparagraph (B), the alien is
admissible to the United States as an immigrant;
(II) the alien filed an application for asylum before
December 31, 2004, which was not found to be frivolous by the
Attorney General under section 208(d)(6) of the Immigration
and Nationality Act (11 U.S.C. 1158(d)(6));
(III) an immigration judge specifically cited changed
country conditions as the basis, in whole or in part, for
denying the application of the alien for asylum;
(IV) the alien applies for the adjustment of status;
(V) the alien--

(aa) has been physically present in the United States for
at least 3 years; and
(bb) was physically present in the United States on the
date the application for the adjustment of status was filed;

(VI) the alien has not returned to the country of
nationality or last habitual residence of the alien since the
filing of the application for asylum; and
(VII) the alien pays a fee, in an amount determined by the
Secretary, for the processing of the application.

______

SA 1226. Mr. LEVIN 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:

On page 264, line 15, strike the end quote and final period
and insert the following:
``(G) In addition to any merit points awarded pursuant to
the evaluation system described in subparagraph (A), an alien
shall receive 20 points if the alien--
``(i) is admissible to the United States as an immigrant
(except for any provision under paragraphs (4), (5), and
(7)(A) of section 212(a) or any other provision of such
section waived by the Secretary of Homeland Security or the
Attorney General (other than paragraph (2)(C) or subparagraph
(A), (B), (C), or (F) of paragraph (3)) with respect to such
alien for humanitarian purposes, to assure family unity, or
if otherwise in the public interest);
``(ii) filed an application for asylum before December 31,
2004, which was credible, based on the country conditions
that existed at the time the application was file;
``(iii) has been physically present in the United States
for not less than 3 years; and
``(iv) was physically present in the United States on the
date on which the application described in clause (ii) was
filed.''.
______

SA 1227. Mr. LEVIN 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. ___. ADJUSTMENT OF STATUS FOR ASYLEES.

Section 245 of the Act (8 U.S.C. 1255) is amended by adding
at the end the following:
``(n) Adjustment of Status for Asylees.--
``(1) In general.--The Secretary of Homeland Security (in
this subsection referred to as the `Secretary') shall adjust
the status of an alien to that of an alien lawfully admitted
for permanent residence if the alien--
``(A) is admissible to the United States as an immigrant,
except as provided under paragraph (2);
``(B) filed an application for asylum before December 31,
2004, which was not found to be frivolous by the Attorney
General under section 208(d)(6);
``(C) changed country conditions were specifically cited by
an immigration judge as the basis, in whole or in part, for
denying the application for asylum;
``(D) applies for such adjustment of status;
``(E) has been physically present in the United States for
at least 3 years and was physically present in the United
States on the date on which the application for such
adjustment was filed;
``(F) has not returned to his or her country of nationality
or last habitual residence since the date of filing of the
application for asylum; and
``(G) pays a fee, in an amount determined by the Secretary,
for the processing of such application.
``(2) Applicability of other federal statutory
requirements.--The provisions of paragraphs (4), (5), and
(7)(A) of section 212(a) shall not be applicable to any alien
seeking adjustment of status under this subsection, and the
Secretary or the Attorney General may waive any other
provision of such section 212(a) (other than paragraph (2)(C)
or subparagraph (A), (B), (C), or (F) of paragraph (3) of
that section) with respect to such an alien for humanitarian
purposes, to assure family unity, or when it is otherwise in
the public interest.
``(3) Adjustment of status for spouses and children.--The
Secretary shall adjust the status of an alien to that of an
alien lawfully admitted for permanent residence if the alien
is the spouse, child, or unmarried son or unmarried daughter,
of an alien whose status is adjusted to that of an alien
lawfully admitted for permanent residence under paragraph
(1).
``(4) Relationship of application to certain orders.--An
alien present in the United States who has been ordered
excluded, deported, removed, or ordered to depart voluntarily
from the United States under any provision of this Act may,
notwithstanding such order, apply for adjustment of status
under paragraph (1). Such an alien may not be required, as a
condition of submitting or granting such application, to file
a motion to reopen, reconsider, or vacate such order. If the
Secretary or the Attorney General grants the application, the
Attorney General shall cancel the order of removal. If the
Secretary or the Attorney General renders a final
administrative decision to deny the application, the order
shall be effective and enforceable, to the same extent as if
the application had not been made.
``(5) Stay of final order of exclusion, deportation, or
removal.--Filing for adjustment of status, as described in
this subsection, shall result in a stay of a final order of
exclusion, deportation, or removal.''.
______

SA 1228. Mr. LEVIN (for himself, Mr. Obama, Mr. Menendez, Mr.
Coleman, Mr. Reid, Mr. Leahy, Mrs. Feinstein, and Mr. Voinovich)
submitted an amendment intended to be proposed to

[[Page S6916]]

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; which was ordered to lie on
the table; as follows:

Strike subsection (c) of section 215 of the amendment and
insert the following:
(c) Reports on Background and Security Checks.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Comptroller General of the United
States, in conjunction with the Director of the Federal
Bureau of Investigation, shall submit to the appropriate
congressional committees a report on the background and
security checks conducted by the Federal Bureau of
Investigation.
(2) Content.--The report submitted under paragraph (1)
shall include--
(A) a description of the background and security check
program;
(B) an analysis of resources devoted to the name check
program, including personnel and support;
(C) a statistical analysis of the background and security
check delays associated with different types of name check
requests, such as those requested by the U.S. Citizenship and
Immigration Services or the Office of Personnel Management,
including--
(i) the number of background checks conducted on behalf of
requesting agencies, by agency and type of requests (such as
naturalization or adjustment of status); and
(ii) the average time spent on each type of background
check described under subparagraph (A), including the time
from the submission of the request to completion of the check
and the time from the initiation of check processing to the
completion of the check;
(D) a statistical analysis of the background and security
check delays by the country of origin of the applicant;
(E) a description of the obstacles that impede the timely
completion of such background checks;
(F) a discussion of the steps that the Director of the
Federal Bureau of Investigation is taking to expedite
background and security checks that have been pending for
more than 60 days; and
(G) a plan for the automation of all investigative records
related to the name check process.
(3) Annual report on delayed background checks.--Not later
than the end of each fiscal year, the Attorney General shall
submit to the appropriate congressional committees a report
containing, with respect to that fiscal year--
(A) a statistical analysis of the number of background
checks processed and pending, including check requests in
process at the time of the report and check requests received
but not yet in process;
(B) the average time taken to complete each type of
background check;
(C) a description of efforts made and progress by the
Attorney General in addressing any delays in completing such
background checks;
(D) a description of progress made in carrying out
subsection (d);
(E) a report on the number of name checks extended during
the preceding year under subsection (d)(3); and
(F) a description of progress made in automating files used
in the name check process, including investigative files of
the Federal Bureau of Investigation.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this subsection.
(d) Enhanced Security Through an Effective National Name
Check Program.--
(1) In general.--Not later than 2 years after the date of
enactment of this Act, subject to paragraph (3), the Director
of the Federal Bureau of Investigation shall ensure that all
name checks are completed by not later than 180 days after
the date of submission.
(2) Report.--Not later than 180 days after the date of the
enactment of this Act, the Director of the Federal Bureau of
Investigation shall submit to the appropriate congressional
committees a report that includes a comprehensive plan to
meet the requirements of paragraph (1).
(3) Exceptional circumstances.--Notwithstanding paragraph
(1), the Director of the Federal Bureau of Investigation
may--
(A) extend the timeframe for completion of a name check for
not more than 2 additional 180-day periods, if the Director
determines that such an extension is necessary to resolve the
name check because the check could not reasonably have been
completed in the allotted time through due diligence; or
(B) extend the timeframe as the Director determines to be
necessary in any case in which the individual who is the
subject of the name check is the subject of an ongoing
investigation, the completion of which is necessary for a
response to the agency at which the name check request
originated.
(4) Authorization of appropriations.--There are authorized
to be appropriated such sums as are necessary to carry out
this subsection.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committee on the Judiciary of the Senate.
(2) The Committee on Homeland Security and Governmental
Affairs of the Senate.
(3) The Committee on the Judiciary of the House of
Representatives.
(4) The Committee on Homeland Security of the House of
Representatives.
______

SA 1229. Mr. SUNUNU 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:

On page 290, line 18, strike ``by the end of the next
business day'' and insert ``, by the end of the 72-hour
period following the completion of those background
checks,''.
On page 291, line 1, strike ``next business day'' and
insert ``72-hour period described in paragraph (1)''.
______

SA 1230. Mr. CORNYN 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(i)(2)(C) (relating to other documents)--
(1) strike clause (VI) (relating to sworn affidavits);
(2) in clause (V), strike the semicolon at the end and
insert a period; and
(3) in clause (IV), add ``and'' at the end.
______

SA 1231. Mr. DURBIN (for himself and Mr. Grassley) proposed an
amendment 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:

In section 218B(b) of the Immigration and Nationality Act,
as added by section 403(a), strike ``Except where the
Secretary of Labor has determined that there is a shortage of
United States workers in the occupation and area of intended
employment to which the Y nonimmigrant is sought, each'' and
insert ``Each''.
In section 218B(c)(1)(G) of the Immigration and Nationality
Act, as added by section 403(a), strike ``Except where the
Secretary of Labor has determined that there is a shortage of
United States workers in the occupation and area of intended
employment for which the Y nonimmigrant is sought--'' and
insert ``That--''.
______

SA 1232. Mrs. HUTCHISON 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 section 218A of the Immigration and
Nationality Act, as added by section 402(a), add the
following new subsection:
``(y) Social Security and Medicare.--
``(1) Social security payroll tax.--
``(A) In general.--Notwithstanding whether an agreement
under section 233 of the Social Security Act is in effect
between the United States and the home country of Y
nonimmigrant, upon submission of a request at a United States
Consulate in the home country of an alien who has ceased to
be a Y nonimmigrant as result of termination of employment in
the United States, the Secretary of the Treasury shall pay
the alien an amount equal to the total tax imposed under
section 3101(a) of the Internal Revenue Code of 1986 on the
wages received by the alien and 50 percent of the tax imposed
under section 1401(a) of such Code on the self-employment
income of such alien while the alien was in such nonimmigrant
status (without interest). An alien receiving such a payment
shall be--
``(i) ineligible for any future admission to the United
States under a Y nonimmigrant status; and
``(ii) prohibited from being credited under title II of the
Social Security Act for any quarter of coverage on which such
payment is based.
``(B) Administration.--Not later than 1 year after the date
of the enactment of the Secure Borders, Economic Opportunity
and Immigration Reform Act of 2007, the Secretary of the
Treasury and the Commissioner of Social Security shall each
issue regulations establishing procedures for carrying out
this paragraph, without regard to the requirements of chapter
5 of title 5, United States Code (commonly referred to as the
Administrative Procedure Act).
``(2) Medicare payroll tax.--Not later than 1 year after
such date of enactment, the Secretary of the Treasury, in
consultation with the Secretary of Health and Human Services,
shall issue regulations establishing procedures for
transferring amounts collected from the tax imposed under
section 3101(b) of the Internal Revenue Code of 1986 on the
wages received by Y nonimmigrant and 50 percent of the tax
imposed under section 1401(b) of such Code on the self-
employment income of such alien while working in the United
States to the Secretary of Health and Human Services for the
purpose of making payments to eligible providers for the
provision of eligible services to aliens in the same manner
as payments are made to such providers in accordance with
section 1011 of

[[Page S6917]]

the Medicare Prescription Drug, Improvement, and
Modernization Act of 2003 (42 U.S.C. 1395dd note).
``(3) Application of prohibition on eligibility for federal
public benefits.--Nothing in this section shall be construed
as affecting the application of title IV of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1601 et seq.) to a Y nonimmigrant and in no
event shall an alien be considered a qualified alien under
such title while granted such status.''.
______

SA 1233. Mrs. HUTCHISON 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:

Strike paragraph (2) of section 607(a) and insert the
following:
(2) adding at the end the following new subsections:
``(d)(1) Except as provided in paragraphs (2) and (3) and
subsection (e), for purposes of this section and for purposes
of determining a qualifying quarter of coverage under section
402(b)(2)(B) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C.
1612(b)(2)(B))--
``(A) no quarter of coverage shall be credited if, with
respect to any individual who is assigned a social security
account number after 2007, such quarter of coverage is earned
prior to the year in which such social security account
number is assigned; and
``(B) there shall be a rebuttable presumption that an alien
who is granted nonimmigrant status under section
101(a)(15)(Z) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(Z)) and who was granted a social security
account number prior to 2007, has no qualifying quarters of
coverage earned prior to the date that the alien is granted
such status.
``(2) Paragraph (1) shall not apply with respect to any
quarter of coverage earned by an individual who satisfies the
criterion specified in subsection (c)(2).
``(3) The rebuttable presumption described in paragraph
(1)(B) may be overcome with appropriate, verifiable documents
proving creditable quarters of coverage during a period--
``(A) prior to the date that the alien is granted
nonimmigrant status under section 101(a)(15)(Z); and
``(B) that the alien was present in the United States
pursuant to a grant of status under a provision of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
``(e) Subsection (d) shall not apply with respect to a
determination under subsection (a) or (b) for a deceased
individual in the case of a child who is a United States
citizen and who is applying for child's insurance benefits
under section 202(d) based on the wages and self-employment
income of such deceased individual.''.
______

SA 1234. Mr. SESSIONS submitted an amendment 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:

At the appropriate place, insert the following:

SEC. ____. LIMITATION ON CLAIMING EARNED INCOME TAX CREDIT.

Any alien who is unlawfully present in the United States,
receives adjustment of status under section 601 of this Act
(relating to aliens who were illegally present in the United
States prior to January 1, 2007), or enters the United States
to work on a Y visa under section 402 of this Act, shall not
be eligible for the tax credit provided under section 32 of
the Internal Revenue Code (relating to earned income) until
such alien has his or her status adjusted to legal permanent
resident status.
______

SA 1235. Mr. SESSIONS proposed an amendment 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:

At the appropriate place, insert the following:

SEC. ____. 5-YEAR LIMITATION ON CLAIMING EARNED INCOME TAX
CREDIT.

Section 403(a) of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613) is
amended by inserting ``, including the tax credit provided
under section 32 of the Internal Revenue Code (relating to
earned income),'' after ``means-tested public benefit''.
______

SA 1236. Mr. BAUCUS (for himself and Mr. Tester) 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:

On page 3, lines 7 through 9, strike ``, biometrics, and/or
complies with the requirements for such documentation under
the REAL ID Act'' and insert ``and biometrics''.
On page 90, strike lines 22 through 38 and insert the
following:
``(i) an individual's driver's license or identity card
issued by a State, the Commonwealth of the Northern Mariana
Islands, or an outlying possession of the United States if--
On page 92, strike lines 22 through 26.
On page 130, strike line 28 and all that follows through
page 133, line 29.
______

SA 1237. Mr. BINGAMAN 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; which was
ordered to lie on the table; as follows:

In section 601(f)(2), strike ``12 months'' and insert ``2
years''.
______

SA 1238. Mr. CORNYN 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:

On page 26, line 27, strike ``$50,000,000'' and insert
``$100,000,000''.

______

SA 1239. Mr. ENSIGN 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 in title VII, strike the section
that requires the Secretary of Education to develop an
Internet-based English Learning Program.
______

SA 1240. 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:

Strike section 104.
______

SA 1241. 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:

In section 123, in the matter preceding paragraph (1),
insert ``subject to the availability of appropriations,''
after ``shall,''.
______

SA 1242. Mr. LIEBERMAN (for himself, Mr. Hagel, Ms. Cantwell, and Mr.
Schumer) 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:

On page 265, beginning on line 27, strike all through page
266, line 8, and insert the following:
(c) Procedure for Granting Immigrant Status.--
(1) In general.--Section 204(a)(1) of the Immigration and
Nationality Act (8 U.S.C. 1154(a)(1)) is amended by striking
subparagraphs (E) and (F).
(2) Highly skilled workers.--Paragraph (6) of section
214(g) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(6)), as redesignated by section 409, is amended--
(A) in subparagraph (C), by striking ``until the number of
aliens who are exempted from such numerical limitation during
such year exceeds 20,000.'' and inserting ``or has been
awarded a medical specialty certification based on post-
doctoral training and experience in the United States; or'';
and
(B) by adding at the end the following:
``(D) has earned a master's or higher degree in science,
technology, engineering, or mathematics from an institution
of higher education outside of the United States.''.
(d) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall take effect on the first day of
the fiscal year subsequent to the fiscal year of enactment,
unless such date is less than 270 days after the date of
enactment, in which case the amendments shall take effect on
the first day of the following fiscal year.
(2) Pending and approved petitions and applications.--
(A) In general.--Petitions for an employment-based visa
filed for classification under paragraph (1), (2), or (3) of
section 203(b) of the Immigration and Nationality Act (8
U.S.C. 1153(b)) (as such provisions existed prior to the
enactment of this section) that were filed prior to the date
of the introduction of the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007 and were
pending or approved at the time of the effective date of this
section, shall be treated as if such provisions remained
effective and an approved petition may serve as the basis for
issuance of an immigrant visa.
(B) Adjustment of status.--The alien with respect to whom a
petition was pending or approved as described in subparagraph
(A), and any dependent accompanying or following to join such
alien, may file an application for adjustment of status under
section 245(a) of the Immigration and Nationality Act (8
U.S.C. 1255(a)) regardless of whether an immigrant visa is
immediately available at the time the application is filed.
Such application for adjustment of status shall not

[[Page S6918]]

be approved until an immigrant visa becomes available.
(C) Labor certification.--Aliens with applications for a
labor certification pursuant to section 212(a)(5)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A))
shall preserve the immigrant visa priority date accorded by
the date of filing of such labor certification application.
______

SA 1243. Mr. OBAMA (for himself and Mr. Menendez) 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 V, add the following:

SEC. 509. EXPIRATION OF PROVISIONS.

On September 30 of the fifth fiscal year following the
fiscal year in which this Act is enacted, the following
provisions of this Act (and the amendments made by such
provisions) shall be repealed and the Immigration and
Nationality Act shall be applied as if such provisions had
not been enacted:
(1) Section 501, except that this paragraph shall not apply
to paragraphs (2) through (4) of section 201(d) of the
Immigration and Nationality Act (as added by section 501(b)).
(2) Subsections (a) through (e) of section 502.
(3) Subsections (a), (b), (c), (d), and (e)(1) of section
503.
(4) Section 504.
______

SA 1244. Mr. CORNYN 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 601(e)(6)(E)(ii) and insert the following:
(ii) Deposit of state impact assistance funds.--The fees
collected under subparagraph (C) shall be deposited in the
State Impact Assistance Account established under section
286(x) of the Immigration and Nationality Act, as added by
section 402, and used for the purposes described in such
section 286(x).
______

SA 1245. Mr. CORNYN 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:

On page 148, strike lines 3 through 7, and insert the
following:
``(B) State impact assistance fee.--An alien making an
application for a Y-1 nonimmigrant visa shall pay a State
impact assistance fee of $750 and an additional $100 fee for
each dependent accompanying or following to join the
alien.''.
______

SA 1246. Mr. CORNYN 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:

On page 288, strike lines 4 through 9, and insert the
following:
(C) State impact assistance fee.--In addition to any other
amounts required to be paid under this subsection, an alien
making an initial application for Z-1 nonimmigrant status
shall be required to pay a State impact assistance fee equal
to $750 and an additional $100 fee for each dependent
accompanying or following to join the alien.
______

SA 1247. Mr. CORNYN 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:

On page 148, strike lines 3 through 7, and insert the
following:
``(B) State impact assistance fee.--An alien making an
application for a Y-1 nonimmigrant visa shall pay a State
impact assistance fee of $750 and an additional $100 fee for
each dependent accompanying or following to join the
alien.''.

On page 288, strike lines 4 through 9, and insert the
following:
(C) State impact assistance fee.--In addition to any other
amounts required to be paid under this subsection, an alien
making an initial application for Z-1 nonimmigrant status
shall be required to pay a State impact assistance fee equal
to $750 and an additional $100 fee for each dependent
accompanying or following to join the alien.

On page 288, strike lines 22 through 24, and insert the
following:
(ii) Deposit of state impact assistance funds.--The fees
collected under subparagraph (C) shall be deposited in the
State Impact Assistance Account established under section
286(x) of the Immigration and Nationality Act, as added by
section 402, and used for the purposes described in such
section 286(x).
______

SA 1248. Mr. ENSIGN 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:

On page 292, between lines 33 and 34, strike: ``(D) In
general.--The alien'' through ``which taxes are owed.'', and
insert the following:
``(i) In general.--The alien may satisfy such requirement
by establishing that--
``(I) no such tax liability exists;
``(II) all outstanding liabilities have been met; or
``(III) the alien has entered into an agreement for payment
of all outstanding liabilities with the Internal Revenue
Service and with the department of revenue of each State to
which taxes are owed.
``(ii) Limitation.--Provided further that an alien required
to pay taxes under this subparagraph, or who otherwise
satisfies the requirements of clause (i), shall not be
allowed to collect any tax refund for any taxable year prior
to 2006, or to file any claim for the Earned Income Tax
Credit, or any other tax credit otherwise allowable under the
tax code, prior to such taxable year.''.
______

SA 1249. Ms. CANTWELL (for herself, Mr. Cornyn, Mr. Leahy, and Mr.
Hatch) 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:

Strike lines 15 through 25 on page 265 and insert the
following:
``section 204(c).
``(G) Notwithstanding any conflicting provisions of this
paragraph, the requirements of this paragraph shall apply
only to merit-based, self-sponsored immigrants and not to
merit-based, employer-sponsored immigrants described in
paragraph (5).
``(H) Notwithstanding any conflicting provisions of this
paragraph, any reference in this paragraph to a worldwide
level of visas refers to the worldwide level specified in
section 201(d)(1).'';
(3) by redesignating paragraphs (4) through (6) as
paragraphs (2) through (4), respectively;
(4) in paragraph (2) (as redesignated by paragraph (3))--
(A) by striking ``7.1 percent of such worldwide level'' and
inserting ``4,200 of the worldwide level specified in section
201(d)(1)''; and
(B) by striking ``5,000'' and inserting ``2,500'';
(5) in paragraph (3) (as redesignated by paragraph (3))--
(A) in subparagraph (A), by striking ``7.1 percent of such
worldwide level'' and inserting ``2,800 of the worldwide
level specified in section 201(d)(1)''; and
(B) in subparagraph (B)(i), by striking ``3,000'' and
inserting ``1,500''; and
(6) by adding at the end the following
``(5) Merit-based employer-sponsored immigrants.--
``(A) Priority workers.--Visas shall first be made
available in a number not to exceed 33.3 percent of the
worldwide level specified in section 201(d)(5), to qualified
immigrants who are aliens described in any of clauses (i)
through (iii):
``(i) Aliens with extraordinary ability.--An alien is
described in this clause if--

``(I) the alien has extraordinary ability in the sciences,
arts, education, business, or athletics which has been
demonstrated by sustained national or international acclaim
and whose achievements have been recognized in the field
through extensive documentation;
``(II) the alien seeks to enter the United States to
continue work in the area of extraordinary ability; and
``(III) the alien's entry into the United States will
substantially benefit prospectively the United States.

``(ii) Outstanding professors and researchers.--An alien is
described in this clause if--

``(I) the alien is recognized internationally as
outstanding in a specific academic area;
``(II) the alien has at least 3 years of experience in
teaching or research in the academic area; and
``(III) the alien seeks to enter the United States--

``(aa) for a tenured position (or tenure-track position)
within an institution of higher education (as such term is
defined in section 101(a) of the Higher Education Act of 1965
(20 U.S.C. 1001(a)) to teach in the academic area;
``(bb) for a comparable position with an institution of
higher education to conduct research in the area, or
``(cc) for a comparable position to conduct research in the
area with a department, division, or institute of a private
employer, if the department, division, or institute employs
at least 3 individuals full-time in research activities and
has achieved documented accomplishments in an academic field.
``(iii) Certain multinational executives and managers.--An
alien is described in this clause if the alien, in the 3
years preceding the time of the alien's application for
classification and admission into the United States under
this paragraph, has been employed for at least 1 year by a
firm or corporation or other legal entity or an affiliate or
subsidiary thereof and the alien seeks to enter the United
States in order to continue to render services to the same
employer or to a subsidiary or affiliate thereof in a
capacity that is managerial or executive.
``(B) Aliens who are members of the professions holding
advanced degrees or aliens of exceptional ability.--

[[Page S6919]]

``(i) In general.--Visas shall be made available, in a
number not to exceed 33.3 percent of the worldwide level
specified in section 201(d)(5), plus any visas not required
for the classes specified in subparagraph (A), to qualified
immigrants who are members of the professions holding
advanced degrees or their equivalent or who because of their
exceptional ability in the sciences, arts, or business, will
substantially benefit prospectively the national economy,
cultural or educational interests, or welfare of the United
States, and whose services in the sciences, arts,
professions, or business are sought by an employer in the
United States.
``(ii) Determination of exceptional ability.--In
determining under clause (i) whether an immigrant has
exceptional ability, the possession of a degree, diploma,
certificate, or similar award from a college, university,
school, or other institution of learning or a license to
practice or certification for a particular profession or
occupation shall not by itself be considered sufficient
evidence of such exceptional ability.
``(C) Professionals.--
``(i) Visas shall be made available, in a number not to
exceed 33.3 percent of the worldwide level specified in
section 201(d)(5), plus any visas not required for the
classes specified in subparagraphs (A) and (B), to qualified
immigrants who hold baccalaureate degrees and who are members
of the professions and who are not described in subparagraph
(B).
``(D) Labor certification required.--An immigrant visa may
not be issued to an immigrant under subparagraph (B) or (C)
until there has been a determination made by the Secretary of
Labor that--
``(i) there are not sufficient workers who are able,
willing, qualified and available at the time such
determination is made and at the place where the alien, or a
substitute is to perform such skilled or unskilled labor; and
``(ii) the employment of such alien will not adversely
affect the wages and working conditions of workers in the
United States similarly employed.
An employer may not substitute another qualified alien for
the beneficiary of such determination unless an application
to do so is made to and approved by the Secretary of Homeland
Security.''.
(c) Worldwide Level of Merit-Based Employer-Sponsored
Immigrants.--Section 201(d) of the Immigration and
Nationality Act (8 U.S.C. 1151(d)), as amended by section
501(b), is further amended by adding at the end the
following:
``(5) Worldwide level for merit-based employer-sponsored
immigrants.--
``(A) In general.--The worldwide level of merit-based
employer-sponsored immigrants under this paragraph for a
fiscal year is equal to--
``(i) 140,000, plus
``(ii) the number computed under subparagraph (B).
``(B) Additional number.--
``(i) Fiscal year 2007.--The number computed under this
subparagraph for fiscal year 2007 is zero.
``(ii) Fiscal year 2008.--The number computed under this
subparagraph for fiscal year 2008 is the difference (if any)
between the worldwide level established under subparagraph
(A) for the previous fiscal year and the number of visas
issued under section 203(b)(2) during that fiscal year.''.
In section 501, insert after subsection (b) the following:
(c) Providing Exemptions From Merit-Based Levels for Very
Highly Skilled Immigrants.--Section 201(b)(1) of the
Immigration and Nationality Act (as amended by section
503(a)) (8 U.S.C. 1151(b)(1)) is further amended by inserting
after subparagraph (G) the following:
``(H) Aliens who have earned a master's or higher degree
from a United States institution of higher education, as such
term is defined in section 101(a) of the Higher Education Act
of 1965 (20 U.S.C. 1001(a)).
``(I) Aliens who have earned a master's degree or higher
degree in science, technology, engineering, or mathematics
and have been working in a related field in the United States
in a nonimmigrant status during the 3-year period preceding
their application for an immigrant visa under section 203(b).
``(J) Aliens who--
``(i) have extraordinary ability in the sciences, arts,
education, business, or athletics which has been demonstrated
by sustained national or international acclaim and whose
achievements have been recognized in the field through
extensive documentation; and
``(ii) seek to enter the United States to continue work in
the area of extraordinary ability.
``(K) Aliens who--
``(i) are recognized internationally as outstanding in a
specific academic area;
``(ii) have at least 3 years of experience in teaching or
research in the academic area; and
``(iii) who seek to enter the United States for--

``(I) a tenured position (or tenure-track position) within
an institution of higher education to teach in the academic
area;
``(II) a comparable position with an institution of higher
education to conduct research in the area; or
``(III) a comparable position to conduct research in the
area with a department, division, or institute of a private
employer, if the department, division, or institute employs
at least 3 persons full-time in research activities and has
achieved documented accomplishments in an academic field.

``(L) Aliens who--
``(i) in the 3-year period preceding their application for
an immigrant visa under section 203(b), have been employed
for at least 1 year by a firm or corporation or other legal
entity or an affiliate or subsidiary thereof; and
``(ii) who seek to enter the United States in order to
continue to render services to the same employer or to a
subsidiary or affiliate thereof in a capacity that is
managerial or executive.
``(M) The immediate relatives of an alien who is admitted
as a merit-based employer-sponsored immigrant under
subsection 203(b)(2).''.
Strike section 418(c)(1).
Strike section 419(a) and insert the following:
(a) Ensuring Access to Skilled Workers in Specialty
Occupations.--
(1) In general.--Section 214(g)(6) (as renumbered by
section 409) (8 U.S.C. 21184(g)(6)) is amended--
(A) in subparagraph (B), by striking ``or'' after the
semicolon;
(B) in subparagraph (C), by striking ``, until the number
of aliens who are exempted from such numerical limitation
during such year exceeds 20,000.'' and inserting ``; or'';
and
(C) by adding at the end the following:
``(D) has earned a master's or higher degree in science,
technology, engineering, or mathematics from an institution
of higher education outside of the United States.''.
(2) Applicability.--The amendments made by paragraph (1)
shall apply to any petition or visa application pending on
the date of enactment of this Act and any petition or visa
application filed on or after such date.
Strike section 419(b).
Strike section 420(a).
______

SA 1250. Mr. CORNYN 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(i)(2)(C) (relating to other documents)--
(1) strike clause (VI) (relating to sworn affidavits);
(2) in clause (V), strike the semicolon at the end and
insert a period; and
(3) in clause (IV), add ``and'' at the end.
Strike section 604 (relating to mandatory disclosure of
information) and insert the following:

SEC. 604. MANDATORY DISCLOSURE OF INFORMATION.

(a) In General.--Except as otherwise provided in this
section, no Federal agency or bureau, or any officer or
employee of such agency or bureau, may--
(1) use the information furnished by the applicant pursuant
to an application filed under section 601 and 602, for any
purpose, other than to make a determination on the
application;
(2) make any publication through which the information
furnished by any particular applicant can be identified; or
(3) permit anyone other than the sworn officers, employees
or contractors of such agency, bureau, or approved entity, as
approved by the Secretary of Homeland Security, to examine
individual applications that have been filed.
(b) Required Disclosures.--The Secretary of Homeland
Security and the Secretary of State shall provide the
information furnished pursuant to an application filed under
section 601 and 602, and any other information derived from
such furnished information, to--
(1) a law enforcement entity, intelligence agency, national
security agency, component of the Department of Homeland
Security, court, or grand jury 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;
(2) a law enforcement entity, intelligence agency, national
security agency, or component of the Department of Homeland
Security in connection with a duly authorized investigation
of a civil violation, in each instance about an individual
suspect or group of suspects, when such information is
requested by such entity; or
(3) an official coroner for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
(c) Inapplicability After Denial.--The limitations under
subsection (a)--
(1) shall apply only until an application filed under
section 601 and 602 is denied and all opportunities for
administrative appeal of the denial have been exhausted; and
(2) shall not apply to the 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.
(d) Criminal Convictions.--Notwithstanding any other
provision of this section, information concerning whether the
applicant has at any time been convicted of a crime may be
used or released for immigration enforcement and law
enforcement purposes.
(e) Auditing and Evaluation of Information.--The Secretary
may audit and evaluate

[[Page S6920]]

information furnished as part of any application filed under
sections 601 and 602, any application to extend such status
under section 601(k), or any application to adjust status to
that of an alien lawfully admitted for permanent residence
under section 602, for purposes of identifying fraud or fraud
schemes, and may use any evidence detected by means of audits
and evaluations for purposes of investigating, prosecuting or
referring for prosecution, denying, or terminating
immigration benefits.
(f) Use of Information in Petitions and Applications
Subsequent to Adjustment of Status.--If the Secretary has
adjusted an alien's status to that of an alien lawfully
admitted for permanent residence pursuant to section 602,
then at any time thereafter the Secretary may use the
information furnished by the alien in the application for
adjustment of status or in the applications for status
pursuant to sections 601 or 602 to make a determination on
any petition or application.
(g) Criminal Penalty.--Whoever knowingly uses, publishes,
or permits information to be examined in violation of this
section shall be fined not more than $10,000.
(h) Construction.--Nothing in this section shall be
construed to limit the use, or release, for immigration
enforcement purposes of information contained in files or
records of the Secretary or Attorney General pertaining to an
applications filed under sections 601 or 602, other than
information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.
(i) References.--References in this section to section 601
or 602 are references to sections 601 and 602 of this Act and
the amendments made by those sections.
______

SA 1251. Mr. CONRAD 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. ___. PEACE GARDEN PASS.

(a) Authorization.--Notwithstanding section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458), the Secretary, in consultation with the
Director of the Bureau of Citizenship and Immigration
Services, shall develop a travel document (referred to in
this section as the ``Peace Garden Pass'') to allow citizens
and nationals of the United States described in subsection
(b) to travel to the International Peace Garden on the
borders of the State of North Dakota and Manitoba, Canada
(and to be readmitted into the United States), without the
use of a passport, passport card, or other similar
alternative to a passport.
(b) Admittance.--The Peace Garden Pass shall be issued to,
and shall authorize the admittance into the International
Peace Garden and readmittance into the United States of, any
citizen or national of the United States who enters the
International Peace Garden from the United States and exits
the International Peace Garden into the United States without
having been granted entry into Canada.
(c) Identification.--The Secretary of State, in
consultation with the Secretary, shall--
(1) determine what form of identification (other than a
passport, passport card, or similar alternative to a
passport) will be required to be presented by individuals
applying for the Peace Garden Pass; and
(2) ensure that cards are only issued to--
(A) individuals providing the identification required under
paragraph (1); or
(B) individuals under 18 years of age who are accompanied
by an individual described in subparagraph (A).
(d) Limitation.--The Peace Garden Pass shall not grant
entry into Canada.
(e) Duration.--Each Peace Garden Pass shall be valid for a
period not to exceed 14 days. The actual period of validity
shall be determined by the issuer depending on the individual
circumstances of the applicant and shall be clearly indicated
on the pass.
(f) Cost.--The Secretary may not charge a fee for the
issuance of a Peace Garden Pass.
______

SA 1252. Mrs. FEINSTEIN 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 section 601, add the following:
(s) Perjury and False Statements.--Any person who willfully
submits any materially false, fictitious, or fraudulent
statement or representation (including any document,
attestation, or sworn affidavit for that person or another
person) relating to an application for any benefit under the
immigration laws (including for Z nonimmigrant status) will
be subject to prosecution for perjury under section 1621 of
title 18, United States Code, or for making such a statement
or representation under section 1001 of that title.
______

SA 1253. Mr. SESSIONS 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:

On page 281, line 20, strike ``January 1, 2007'' and insert
``May 1, 2005''.
On page 281, line 24, strike ``January 1, 2007'' and insert
``May 1, 2005''.
______

SA 1254. Mr. SESSIONS 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 602 and insert the following:

SEC. 602. ADJUSTMENT SHALL BE UNAVAILABLE FOR Z STATUS
ALIENS.

Notwithstanding any other provision of this Act (or an
amendment made by this Act)--
(1) a Z nonimmigrant shall not be adjusted to the status of
a lawful permanent resident; and
(2) nothing in this section shall be construed to limit the
number of times that a Z nonimmigrant can renew their status.

____________________