S.Amdt. 1302

TEXT OF AMENDMENTS

SA 1282. Mr. ISAKSON (for himself and Mr. Chambliss) 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 274A(i) of the Immigration and Nationality Act
(as amended by section 302(a) of the amendment), strike
paragraph (2) and insert the following:
``(2) Preemption.--This section preempts any State or local
law that--
``(A) requires the use of the EEVS in a manner that--
``(i) conflicts with any Federal policy, procedure, or
timetable; or
``(ii) imposes a civil or criminal sanction (other than
through licensing or other similar laws) on a person that
employs, or recruits or refers for a fee for employment, any
unauthorized alien; and
``(B) requires, as a condition of conducting, continuing,
or expanding a business, that, to achieve compliance with
subsection (a) or (b), a business entity--
``(i) shall provide, build, fund, or maintain a shelter,
structure, or designated area at or near the place of
business of the entity for use by--
``(I) any individual who is not an employee of the business
entity who enters or seeks to enter the property of the
entity for the purpose of seeking employment by the entity;
or
``(II) any contractor, customer, or other person over which
the business entity has no authority; or
``(ii) shall carry out any other activity to facilitate the
employment by others of--
``(I) any individual who is not an employee of the business
entity who enters or seeks to enter the property of the
entity for the purpose of seeking employment by the entity;
or
``(II) any contractor, customer, or other person over which
the business entity has no authority.''.
______

SA 1283. Mr. DURBIN 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 218B(e)(3) of the Immigration and Nationality
Act, as added by section 403(a), strike ``An employer in a
high unemployment'' and all that follows through the end of
the paragraph.
______

SA 1284. Mr. DURBIN 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:

[[Page S7079]]

Strike section 411 and insert the following:

SEC. 411. COMPLIANCE INVESTIGATORS.

(a) In General.--The Secretary of Labor, subject to the
availability of appropriations for such purpose, shall
increase, by not less than 400 per year for each of the 5
fiscal years after the date of enactment of this Act, the
number of positions for compliance investigators and
attorneys dedicated to the enforcement of labor standards,
including those contained in sections 218A, 218B, and 218C,
the Fair Labor Standards Act of 1938 (29 U.S.C. 201 et seq.)
and the Occupational Safety and Health Act of 1970 (29 U.S.C.
651 et seq.) in geographic and occupational areas in which a
high percentage of workers are Y nonimmigrants.
(b) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary of Labor for each of the
5 fiscal years after the date of enactment of this Act such
sums as may be necessary to carry out subsection (a).
______

SA 1285. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. __. ALLOCATION OF FIELD AGENTS.

(a) In General.--Section 103(f) (8 U.S.C. 1103(f)) is
amended to read as follows:
``(f) Minimum Number of Agents Allocated to States.--
``(1) In general.--The Secretary of Homeland Security shall
allocate to each State--
``(A) not fewer than 40 full-time active duty agents of
United States Immigration and Customs Enforcement to--
``(i) investigate immigration violations; and
``(ii) ensure the departure of all removable aliens; and
``(B) not fewer than 15 full-time active duty agents of
United States Citizenship and Immigration Services to carry
out immigration and naturalization adjudication functions.
``(2) Waiver.--The Secretary may waive the requirement
under paragraph (1) for any State with a population of fewer
than 2,000,000 residents, according to the most recent
information published by the Bureau of the Census.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on the date that is 90 days after the date
of the enactment of this Act.
______

SA 1286. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

Strike section 113 (relating to the release of aliens from
noncontiguous countries).
______

SA 1287. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the end of subsection (a) of section 1, add the
following:
(6) Surveillance plan and national strategy for border
security.--The Department of Homeland Security has
developed--
(A) a comprehensive plan for systematic surveillance of the
international land and maritime borders of the United States
pursuant to section 126; and
(B) a national strategy for border security pursuant to
section 127.
______

SA 1288. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the end of subsection (a) of section 1, add the
following:
(6) Entry and exit system.--The Department of Homeland
Security has fully implemented an automated entry and exit
control system that will--
(A)(i) collect a record of departure for every alien
departing the United States; and
(ii) match the records of departure with the record of the
arrival of the alien in the United States; and
(B) enable the Secretary to identify, through searching
procedures on the Internet, lawfully-admitted nonimmigrants
who remain in the United States beyond the applicable period
authorized by the Secretary.
Strike section 130 (relating to the US-Visit System).
______

SA 1289. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 287, line 31, strike ``Z-1'' and insert ``any Z''.
On page 287, line 34, strike ``$1,000'' and insert
``$5,000''.
On page 287, strike line 36 and all that follows through
``(iii)'' on line 41, and insert ``(ii)''.
On page 304, strike line 36 and all that follows through
``behalf,'' on line 38 and insert the following: ``status,
the Secretary of Homeland Security may impose an additional
penalty in an amount not to exceed $5,000,''.
______

SA 1290. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 293, line 12, insert ``and'' after ``center;''.
On page 293, line 13, strike the semicolon at the end and
insert a period.
On page 293, strike lines 14 through 32
______

SA 1291. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 317, strike line 8 and all that follows through
``(b)'' on line 12.
______

SA 1292. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 288, line 33, insert the following:
(9) Medical examination.--An applicant for Z nonimmigrant
status shall, at the alien's expense, obtain proper
immunizations and undergo an appropriate medical examination
that conforms to generally accepted professional standards of
medical practice.
______

SA 1293. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 288, strike lines 6 through 9 and insert the
following: ``subsection, any Z nonimmigrant shall pay a State
impact assistance fee in an amount equal to $500.''.
______

SA 1294. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 304, line 4, strike ``Z-1'' and insert ``Z''.
On page 304, lines 10 and 11, strike ``Unless otherwise
directed by the Secretary of State, a Z-1'' and insert ``A
Z''.
On page 304, line 15, strike ``A consular office'' and all
that follows through line 20.
______

SA 1295. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 288, line 33, insert the following:
(9) English and civics.--An alien who is 18 years of age or
older shall meet the requirements under section 312(a) of the
Immigration and Nationality Act (8 U.S.C. 1423(a)).
On page 295, strike line 20 and all that follows through
page 296, line 22, and insert the following:

(I) Requirement at first renewal.--At or before the time of
application for the first extension of Z nonimmigrant status,
an alien who is 18 years of age or older shall meet the
requirements under section 312(a) of the Immigration and
Nationality Act (8 U.S.C. 1423(a)).
(II) Exception.--The requirement under subclause (I) shall
not apply to any person who, on the date of the filing of the
person's application for an extension of Z nonimmigrant
status--

(aa) is unable to comply because of physical or
developmental disability or mental impairment to comply with
such requirement; or
(bb) is older than 70 years of age and has been living in
the United States for periods totaling not less than 20
years.
______

SA 1296. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 289, line 8, strike ``If, during the one-year'' and
all that follows through line 14.
______

SA 1297. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 291, strike lines 22 through 38.
______

SA 1298. Mr. GRASSLEY submitted an amendment intended to be proposed
by him to the bill S. 1348, provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

[[Page S7080]]

On page 289, line 42, strike ``may'' and insert ``shall''.
On page 290, line 18, strike ``by the end of the next
business day''.
On page 290, line 44, and page 291, line 1, strike ``or the
end of the next business day, whichever is sooner''.
On page 296, line 39, strike ``may'' and insert ``shall''.
______

SA 1299. Ms. SNOWE (for herself, Ms. Mikulski, and Mr. Levin)
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:

On page 223, line 27, strike ``101(a)(15)(Y)(ii)(II)'' and
``(101)(a)(15)(Y)(ii)''.
On page 224, in the handwritten material, by striking
``(9)(A)'' and inserting ``(10)(A), as redesignated by
paragraph (2) of this section''.
On page 225, strike the period at the end and insert the
following: ``; and
(4) in paragraph (11), as redesignated by paragraph (2) of
this section--
(A) by inserting ``(A)'' after ``(10)''; and
(B) by adding at the end the following:
``(B) The numerical limitations under paragraph (1)(D)
shall be allocated for each fiscal year to ensure that the
total number of aliens subject to such numerical limits who
enter the United States pursuant to a visa or are accorded
nonimmigrant status under section 101(a)(15)(Y)(ii) during
the first 6 months of such fiscal year is not greater than 50
percent of the total number of such visas available for that
fiscal year.''.
______

SA 1300. Mr. KERRY 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:

SECTION __. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR
ATHLETES, ARTISTS, ENTERTAINERS, AND OTHER
ALIENS OF EXTRAORDINARY ABILITY.

Section 214(c) (8 U.S.C. 1184(c)) is amended--
(1) by striking ``Attorney General'' each place such term
appears and inserting ``Secretary of Homeland Security''; and
(2) in paragraph (6)(D)--
(A) by striking ``Any person'' and inserting the following:
``(i) Except as provided in clause (ii), any person''; and
(B) by adding at the end the following:
``(ii) The Secretary of Homeland Security shall adjudicate
each petition for an alien described in subparagraph (O) or
(P) of section 101(a)(15) not later than 30 days after--
``(I) the date on which the petitioner submits the petition
with a written advisory opinion, letter of no objection, or
request for a waiver; or
``(II) the date on which the 15-day period described in
clause (i) has expired, if the petitioner has had an
appropriate opportunity to supply rebuttal evidence.
``(iii) If a petition described in clause (ii) is not
adjudicated before the end of the 30-day period described in
clause (ii) and the petitioner is a qualified nonprofit
organization or an individual or entity petitioning primarily
on behalf of a qualified nonprofit organization, the
Secretary shall provide the petitioner with the premium-
processing services referred to in section 286(u), without a
fee.''.
______

SA 1301. 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:
``(v) Social Security and Medicare.--
``(1) Social security payroll tax.--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--
``(A) ineligible for any future admission to the United
States under a Y nonimmigrant status; and
``(B) prohibited from being credited for purposes of
computing benefits or determining insured status under title
II of the Social Security Act for any quarter of coverage on
which such payment is based.
``(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 State Impact Assistance Account established
under section 286(x) of the Immigration and Nationality Act
(8 U.S.C. 1356(x)) for the purpose of the Secretary of Heath
and Human Services making grants to States to provide health
services to noncitizens in accordance with the requirements
of paragraph (4) of such section.
``(3) Enumeration by the commissioner of social security
and certification of work history by the secretary of
homeland security.--
``(A) In general.--The Secretary, in consultation with the
Commissioner of Social Security shall implement a system to--
``(i) allow for the enumeration by the Commissioner of
Social Security of any Y nonimmigrant, concurrent with the
granting of the alien such status;
``(ii) require such alien, as a condition of receiving a
payment described in paragraph (1), to--

``(I) provide the Secretary and the Commissioner of Social
Security with the number assigned to the alien by the
Commissioner of Social Security in accordance with clause
(i); and
``(II) execute the document described in subparagraph (C);
and

``(iii) provide the Commissioner of Social Security with a
copy of such document and a certification specifying, after a
review conducted in accordance with subparagraph (B), the
year or years for which the alien was authorized to work in
the United States.
``(B) Review and transmittal of certification of work
status.--For purposes of carrying out subparagraph (A), the
Secretary shall review the records of the Department of
Homeland Security and any other evidence the Secretary
determines appropriate for making a determination as to the
authorization of an alien granted Y nonimmigrant status to
work in the United States during any period for when the
alien was not granted such status, including such evidence as
the alien may provide such as correspondence with the
Department of Homeland Security and copies of employer
records.
``(C) Document described.--For purposes of subparagraph
(A)(ii)(II), a document described in this subparagraph is a
document, executed by a Y nonimmigrant as part of a request
submitted under paragraph (1), in which the alien--
``(i) renounces any entitlement to benefits under title II
of the Social Security Act based on wages or self-employment
income of the alien earned--

``(I) while holding such status; or
``(II) during any year or period of years in which the
alien was not authorized to work in the United States; and

``(ii) acknowledges the detailed list of each year during
which (or during any part of which) the Secretary has
determined that the alien was authorized to work in the
United States and that any wages or self-employment income of
the alien earned during any year or part year not so listed
shall not be credited to the alien for purposes of
determining eligibility for, or the amount of--

``(I) a payment to the alien under paragraph (1); or
``(II) any benefit for which the alien may become eligible
for under title II of the Social Security Act on the basis of
a subsequent admission to the United States under a status
other than as a Y nonimmigrant.

``(4) 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.
``(5) 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, the Commissioner of Social Security, the Secretary
of Homeland Security, and the Secretary of Health and Human
Services 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).''.

______

SA 1302. 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 section 607 and insert the following:

SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS FOR YEARS
WITHOUT WORK AUTHORIZATION.

(a) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended--
(1) in subsection (c), by striking ``For'' and inserting
``Except as provided in subsection (e), for''; and
(2) by adding at the end the following new subsections:
``(d)(1) Except as provided in paragraph (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

[[Page S7081]]

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 not a United States citizen
or national, the individual is assigned a social security
account number after 2007 and such quarter of coverage is
earned prior to the year in which such social security
account number is assigned;
``(B) no quarter of coverage shall be credited for any
calendar year beginning after the date of enactment of the
Secure Borders, Economic Opportunity and Immigration Reform
Act of 2007, if, with respect to an individual who is not a
United States citizen or national, the Secretary of Homeland
Security has certified in accordance with paragraph (2)(B) to
the Commissioner that the individual is not authorized to
engage in work activity in the United States; and
``(C) 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) The Commissioner of Social Security shall enter into
an agreement with the Secretary of Homeland Security under
which the Secretary of Homeland Security shall--
``(A) provide the Commissioner of Social Security with such
information as the Commissioner determines necessary to carry
out the prohibition set forth in paragraph (1)(A);
``(B) for purposes of carrying out paragraph (1)(B), notify
the Commissioner of Social Security with respect to any alien
who is granted authority to enter the United States and
engage in work activity and for any alien already in the
United States who is granted authority to work or whose
period of authority to work is extended or otherwise
reinstated by the Secretary of Homeland Security, of--
``(i) such determination and the granting of such authority
by the Secretary of Homeland Security; and
``(ii) the date on which such authority to work in the
United States is cancelled, revoked, or otherwise shall
cease; and
``(C) for purposes of a request by an alien to which
paragraph(1)(C) applies to overcome the presumption applied
under such paragraph, notify the Commissioner of Social
Security that the alien has submitted to the Secretary of
Homeland Security appropriate, verifiable documents proving
creditable quarters of coverage during a period--
``(i) prior to the date that the alien is granted
nonimmigrant status under section 101(a)(15)(Z) of the
Immigration and Nationality Act (which shall include any
probationary period for which the alien was granted such
status); and
``(ii) 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.) and
authorized to engage in work activity while so present.

Each notification provided by the Secretary of Homeland
Security under this paragraph shall specify with respect to
an alien, the alien's name, date of birth, admission status,
beginning and ending dates for such status, and, if
applicable, number enumerated by the Commissioner of Social
Security for such alien.
``(3) 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).
``(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.''.
(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, there shall not be counted any wages or self-
employment income for any year for which no quarter of
coverage may be credited to such individual as a result of
the application of section 214(d).''.
(c) Requirement for Secretary to Transmit Notice of
Status.--Not later than--
(1) 6 months after the date of enactment of this Act, the
Secretary of Homeland Security shall enter into the agreement
with the Commissioner of Social Security required under
section 214(d)(2) of the Social Security Act, as added by
subsection (a), for purposes of carrying out paragraphs
(1)(C) and (2)(C) of section 214(d) of the Social Security
Act; and
(2) 24 months after such date, the Secretary of Homeland
Security shall enter into the agreement with the Commissioner
of Social Security required under such section 214(d)(2) for
purposes of carrying out paragraphs (1)(A) and (1)(B) of such
section.
(d) Effective Dates.--
(1) In general.--Except as provided in paragraph (2), the
amendments made by this section shall be effective with
respect to quarters of coverage otherwise creditable for
years beginning on or after the date that is 24 months after
the date of enactment of this Act.
(2) Exception for applications for benefits based on social
security account number assigned prior to 2007.--Paragraphs
(1)(C) and (2)(C) of section 214(d) of the Social Security
Act, as added by subsection (a), shall be effective with
respect to applications for benefits filed after the 6th
month beginning after the month in which this Act is enacted.

______

SA 1303. Mr. NELSON of Florida (for himself and Mr. Martinez)
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 II, insert the following:

SEC. 2__. DEPLOYMENT OF TECHNOLOGY TO IMPROVE VISA
PROCESSING.

Section 222 (8 U.S.C. 1202) is amended by adding at the end
the following:
``(i) Visa Application Interviews.--
``(1) Videoconferencing.--For purposes of subsection (h),
the term `in person interview' includes an interview
conducted by videoconference or similar technology after the
date on which the Secretary of State, in consultation with
the Secretary of Homeland Security, certifies that security
measures and audit mechanisms have been implemented to ensure
that biometrics collected for a visa applicant during an
interview using videoconference or similar technology are
those of the visa applicant.
``(2) Mobile visa interviews.--
``(A) In general.--The Secretary of Sate is authorized to
carry out a pilot program to conduct visa interviews using
mobile teams of consular officials after the date on which
the Secretary of State, in consultation with the Secretary of
Homeland Security, certifies that such a pilot program may be
carried out without jeopardizing the integrity of the visa
interview process or the safety and security of consular
officers.
``(B) Funding.--The Secretary of State shall use amounts
otherwise appropriated to the Department of State to carry
out the program authorized under subparagraph (A).''.
______

SA 1304. Mr. NELSON of Florida (for himself and Mr. Martinez)
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. __. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE
HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF
1998.

(a) In General.--Section 902(d) of the Haitian Refugee
Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is
amended by adding at the end the following:
``(3) Determinations with respect to children.--
``(A) Use of application filing date.--Determinations made
under this subsection as to whether an individual is a child
of a parent shall be made using the age and status of the
individual on October 21, 1998.
``(B) Application submission by parent.--Notwithstanding
paragraph (1)(C), an application under this subsection filed
based on status as a child may be filed for the benefit of
such child by a parent or guardian of the child, if the child
is physically present in the United States on such filing
date.''.
(b) New Applications and Motions To Reopen.--
(1) New applications.--Notwithstanding section 902(a)(1)(A)
of the Haitian Refugee Immigration Fairness Act of 1998, an
alien who is eligible for adjustment of status under such
Act, as amended by subsection (a), may submit an application
for adjustment of status under such Act not later than the
later of--
(A) 2 years after the date of the enactment of this Act; or
(B) 1 year after the date on which final regulations
implementing this section, and the amendment made by
subsection (a), are promulgated.
(2) Motions to reopen.--The Secretary shall establish
procedures for the reopening and reconsideration of
applications for adjustment of status under the Haitian
Refugee Immigration Fairness Act of 1998 that are affected by
the amendment made by subsection (a).
(3) Relationship of application to certain orders.--Section
902(a)(3) of the Haitian Refugee Immigration Fairness Act of
1998 shall apply to an alien present in the United States who
has been ordered excluded, deported, removed, or ordered to
depart voluntarily, and who files an application under
paragraph (1) or a motion under paragraph (2), in the same
manner as such section 902(a)(3) applied to aliens filing
applications for adjustment of status under such Act prior to
April 1, 2000.
(c) Inadmissibility Determination.--Section 902 of the
Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C.
1255 note) is amended in subsections (a)(1)(B) and (d)(1)(D)
by inserting ``(6)(C)(i),'' after ``(6)(A),''.
______

SA 1305. Ms. MURKOWSKI submitted an amendment intended to be proposed
by her to the bill S. 1348, to provide for comprehensive immigration
reform

[[Page S7082]]

and for other purposes; which was ordered to lie on the table; as
follows:

In section 409 (relating to numerical limitations), strike
``Section 214(g) of the Act'' and insert the following:
(a) In General.--Section 214(g) of the Act
In section 214(g)(1)(D) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)(1)(D)) (as amended by section
409(a)(1)(B)), insert ``subject to paragraph (3),'' before
``under section 101(a)(15)(Y)(ii)(II)''.
In section 409(a), redesignate the handwritten paragraph
(3) as paragraph (5).
In section 409(a), strike paragraph (2) (relating to the
redesignation of paragraphs), and insert the following:
(2) by redesignating paragraphs (2) through (11) as
paragraphs (4) through (13), respectively;
(3) in paragraph (8) (as so redesignated), by striking
``paragraph (5)'' each place it appears and inserting
``paragraph (7)'';
(4) by inserting after paragraph (1) the following:
In section 214(g) of the Immigration and Nationality Act (8
U.S.C. 1184(g)) (as amended by section 409(a)), insert after
paragraph (2) the following:
``(3) Limitation for fish roe technicians.--The numerical
limitation described in paragraph (1)(D) shall not apply to
any nonimmigrant alien--
``(A) who is issued a visa or otherwise provided status
under section 101(a)(15)(Y)(ii); and
``(B) who is employed, or has received an offer of
employment, as a fish roe processor, a fish roe technician,
or a supervisor of fish roe processing.''.
At the end of section 409, add the following:
(b) Conforming Amendments.--Section 214 of the Immigration
and Nationality Act (8 U.S.C. 1184) is amended--
(1) in subsection (c)(11)(A)(ii), by striking ``subsection
(g)(8)(C)'' and inserting ``subsection (g)(10)(C)''; and
(2) in subsection (j)(2), by striking ``subsection
(g)(8)(A)'' and inserting ``subsection (g)(10)(A)''.
______

SA 1306. Ms. MURKOWSKI 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:

In section 401(a)(1), redesignate subparagraphs (A) through
(C) as subparagraphs (B) through (D), respectively, and
insert before subparagraph (B) (as so redesignated) the
following:
(A) in clause (ii)(a), by inserting ``for employment as a
fish roe processor or fish roe technician or'' before ``to
perform agricultural labor or services'';

______

SA 1307. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

Strike section 708 of the bill and insert the following:

SEC. 708. HISTORY AND GOVERNMENT TEST.

(a) In General.--The Secretary shall incorporate a
knowledge and understanding of the meaning of the Oath of
Allegiance provided by section 337 of the Immigration and
Nationality Act (8 U.S.C. 1448) into the history and
government test given to applicants for citizenship.
(b) Test Redesign.--The goals of any naturalization test
redesign undertaken by the Office of Citizenship of the
United States Citizenship and Immigration Services with
respect to determining if a candidate for naturalization
meets the requirements relating to the English language and
the fundamentals of the history, and of the principles and
form of government, of the United States, under section 312
of the Immigration and Nationality Act, shall include that a
candidate demonstrate--
(1) a sufficient understanding of the English language for
usage in everyday life;
(2) an understanding of American common values and
traditions, including the principles of the Constitution of
the United States, the Pledge of Allegiance, respect for the
flag of the United States, the National Anthem, and voting in
public elections;
(3) an understanding of the history of the United States,
including the key events, key persons, key ideas, and key
documents that shaped the institutions and democratic
heritage of the United States;
(4) an attachment to the principles of the Constitution of
the United States and the well-being and happiness of the
people of the United States; and
(5) an understanding of the rights and responsibilities of
citizenship in the United States.
(c) Report.--The United States Citizenship and Immigration
Service shall report to Congress on how the current test
redesign is meeting the requirements described in subsection
(b).
(d) Definitions.--As used in this section:
(1) Key documents.--The term ``key documents'' means the
documents that established or explained the foundational
principles of democracy in the United States, including the
United States Constitution and the amendments to the
Constitution (particularly the Bill of Rights), the
Declaration of Independence, the Federalist Papers, and the
Emancipation Proclamation.
(2) Key events.--The term ``key events'' means the critical
turning points in the history of the United States ,
including the American Revolution, the Civil War, the world
wars of the twentieth century, the civil rights movement, and
the major court decisions and legislation that contributed to
extending the promise of democracy in American life.
(3) Key ideas.--The term ``key ideas'' means the ideas that
shaped the democratic institutions and heritage of the United
States, including the notion of equal justice under the law,
freedom, individualism, human rights, and a belief in
progress.
(4) Key persons.--The term ``key persons'' means the men
and women who led the United States as founding fathers,
elected officials, scientists, inventors, pioneers, advocates
of equal rights, entrepreneurs, and artists.
______

SA 1308. Mr. BAYH 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 420(a)(1)(A), redesignate clauses (i) through
(iii) as clauses (ii) through (iv), respectively, and insert
before clause (ii) (as so redesignated) the following:
(i) in subparagraph (D)--

(I) by striking ``(D) The application'' and inserting the
following:

``(D) Specifications.--
``(i) In general.--The application''; and

(II) by adding at the end the following:

``(ii) Verification of employer id number.--The application
shall be denied unless the Secretary of Labor verifies that
the employer identification number provided on the
application is valid and accurate.'';
In section 420(a)(1)(A), strike clause (iv) (as so
redesignated) and insert the following:
(iv) in subparagraph (G)(i)--

(I) by striking ``In the case of an application described
in subparagraph (E)(ii), subject'' and inserting ``Subject'';
(II) in subclause (I), by striking ``and'' at the end;
(III) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(IV) by adding at the end the following:
``(III) has posted, for a period of not less than 30 days,
the available position on a public job bank website that--

``(aa) is accessible through the Internet;
``(bb) is national in scope;
``(cc) has been in operation on the Internet for at least
the 18-month period ending on the date on which the position
is posted;
``(dd) does not require a registration fee or membership
fee to search the job postings of the website; and
``(ee) has a valid Federal or State employer identification
number.'';
______

SA 1309. Mr. DURBIN (for himself, Mr. Martinez 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:

At the appropriate place, insert the following:

SEC. __. REPORT ON PROCESSING OF VISA APPLICATIONS.

Not later than 180 days after the date of the enactment of
this Act, and annually thereafter, the Secretary of State
shall submit a report to Congress that includes the following
information with respect to each visa-issuing post operated
by the Department of State where, during the preceding 12
months, the length of time between the submission of a
request for a personal interview for a nonimmigrant visa and
the date of the personal interview of the applicant exceeded,
on average, 30 days:
(1) The number of visa applications submitted to the
Department in each of the 3 preceding fiscal years, including
information regarding each type of visa applied for.
(2) The number of visa applications that were approved in
each of the 3 preceding fiscal years, including information
regarding the number of each type of visa approved.
(3) The number of visa applications in each of the 3
preceding fiscal years that were subject to a Security
Advisory opinion or similar specialized review.
(4) The average length of time between the submission of a
visa application and the personal interview of the applicant
in each of the 3 preceding fiscal years, including
information regarding the type of visa applied for.
(5) The percentage of visa applicants who were refused a
visa in each of the 3 preceding fiscal years, including
information regarding the type of visa applied for.
(6) The number of consular officers processing visa
applications in each of the 3 preceding fiscal years.
(7) A description of each new procedure or program designed
to improve the processing of visa applications that was
implemented in each of the 3 preceding fiscal years.
(8) A description of construction or improvement of
facilities for processing visa applications in each of the 3
preceding fiscal years.
(9) A description of particular communications initiatives
or outreach undertaken to communicate the visa application
process to potential or actual visa applicants.

[[Page S7083]]

(10) An analysis of the facilities, personnel, information
systems, and other factors affecting the duration of time
between the submission of a visa application and the personal
interview of the applicant, and the impact of those factors
on the quality of the review of the application.
(11) Specific recommendations as to any additional
facilities personnel, information systems, or other
requirements that would allow the personal interview, where
appropriate, to occur not more than 30 days following the
submission of a visa application.

______

SA 1310. Mr. DURBIN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the end of title VII, insert the following:

SEC. ___. GLOBAL HEALTH CARE COOPERATION.

(a) Qualifications for Certain Immigrants.--Section 502(e)
of this Act is amended by striking paragraph (6), and section
212(a)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(5)) is amended to read as follows:
``(5) Qualifications for certain immigrants.--
``(A) Unqualified physicians.--
``(i) In general.--An alien who is a graduate of a medical
school not accredited by a body or bodies approved for the
purpose by the Secretary of Education (regardless of whether
such school of medicine is in the United States) and who is
coming to the United States principally to perform services
as a member of the medical profession is inadmissible, unless
the alien--

``(I) has passed parts I and II of the National Board of
Medical Examiners Examination (or an equivalent examination
as determined by the Secretary of Health and Human Services);
and
``(II) is competent in oral and written English.

``(ii) Exception.--An alien who is a graduate of a medical
school shall be considered to have passed parts I and II of
the National Board of Medical Examiners if the alien was
fully and permanently licensed to practice medicine in a
State on January 9, 1978, and was practicing medicine in a
State on that date.
``(B) Uncertified foreign health-care workers.--Subject to
subsection (r), any alien who seeks to enter the United
States for the purpose of performing labor as a health-care
worker, other than a physician, is inadmissible unless the
alien presents to the consular officer, or, in the case of an
adjustment of status, the Secretary of Homeland Security, a
certificate from the Commission on Graduates of Foreign
Nursing Schools, or a certificate from an equivalent
independent credentialing organization approved by the
Secretary of Homeland Security, in consultation with the
Secretary of Health and Human Services, verifying that--
``(i) the alien's education, training, license, and
experience--

``(I) meet all applicable statutory and regulatory
requirements for entry into the United States under the
classification specified in the application;
``(II) are comparable with that required for an American
health-care worker of the same type; and
``(III) are authentic and, in the case of a license,
unencumbered;

``(ii) the alien has the level of competence in oral and
written English considered by the Secretary of Health and
Human Services, in consultation with the Secretary of
Education, to be appropriate for health care work of the kind
in which the alien will be engaged, as shown by an
appropriate score on one or more nationally recognized,
commercially available, standardized assessments of the
applicant's ability to speak and write; and
``(iii) if a majority of States licensing the profession in
which the alien intends to work recognize a test predicting
the success on the profession's licensing or certification
examination, the alien has passed such a test or has passed
such an examination.

For purposes of clause (ii), determination of the
standardized tests required and of the minimum scores that
are appropriate are within the sole discretion of the
Secretary of Health and Human Services and are not subject to
further administrative or judicial review.
``(C) Application.--Subparagraphs (A) and (B) shall apply
to immigrants seeking admission or adjustment of status under
paragraph (1) of section 203(b), including immigrants who
receive 1 or more points under a merit-based evaluation
system based on employment (including offers of employment
and intended employment) or experience as a physician or a
health care worker.''.
(b) Conforming Amendments.--Section 212(r) of the
Immigration and Nationality Act (8 U.S.C. 1182(R)) is amended
by striking ``subsection (a)(5)(C)'' each place it appears
and inserting ``subsection (a)(5)(B)''.
(c) In General.--Title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.) is amended by
inserting after section 317 the following:

``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH
CARE IN DEVELOPING COUNTRIES.

``(a) In General.--Notwithstanding any other provision of
this Act, the Secretary of Homeland Security shall allow an
eligible alien and the spouse or child of such alien to
reside in a candidate country during the period that the
eligible alien is working as a physician or other health care
worker in a candidate country. During such period the
eligible alien and such spouse or child shall be considered--
``(1) to be physically present and residing in the United
States for purposes of naturalization under section 316(a);
and
``(2) to meet the continuous residency requirements under
section 316(b).
``(b) Definitions.--In this section:
``(1) Candidate country.--The term `candidate country'
means a country that the Secretary of State determines to
be--
``(A) eligible for assistance from the International
Development Association, in which the per capita income of
the country is equal to or less than the historical ceiling
of the International Development Association for the
applicable fiscal year, as defined by the International Bank
for Reconstruction and Development;
``(B) classified as a lower middle income country in the
then most recent edition of the World Development Report for
Reconstruction and Development published by the International
Bank for Reconstruction and Development and having an income
greater than the historical ceiling for International
Development Association eligibility for the applicable fiscal
year; or
``(C) qualified to be a candidate country due to special
circumstances, including natural disasters or public health
emergencies.
``(2) Eligible alien.--The term `eligible alien' means an
alien who--
``(A) has been lawfully admitted to the United States for
permanent residence; and
``(B) is a physician or other healthcare worker.
``(c) Consultation.--The Secretary of Homeland Security
shall consult with the Secretary of State in carrying out
this section.
``(d) Publication.--The Secretary of State shall publish--
``(1) a list of candidate countries not later than 6 months
after the date of the enactment of the Improving America's
Security Act of 2007, and annually thereafter; and
``(2) an amendment to the list described in paragraph (1)
at the time any country qualifies as a candidate country due
to special circumstances under subsection (b)(1)(C).''.
(d) Rulemaking.--
(1) Requirement.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall promulgate
regulations to carry out the amendments made by this
subsection.
(2) Content.--The regulations promulgated pursuant to
paragraph (1) shall--
(A) permit an eligible alien (as defined in section 317A of
the Immigration and Nationality Act, as added by subsection
(a)) and the spouse or child of the eligible alien to reside
in a foreign country to work as a physician or other
healthcare worker as described in subsection (a) of such
section 317A for not less than a 12-month period and not more
than a 24-month period, and shall permit the Secretary to
extend such period for an additional period not to exceed 12
months, if the Secretary determines that such country has a
continuing need for such a physician or other healthcare
worker;
(B) provide for the issuance of documents by the Secretary
to such eligible alien, and such spouse or child, if
appropriate, to demonstrate that such eligible alien, and
such spouse or child, if appropriate, is authorized to reside
in such country under such section 317A; and
(C) provide for an expedited process through which the
Secretary shall review applications for such an eligible
alien to reside in a foreign country pursuant to subsection
(a) of such section 317A if the Secretary of State determines
a country is a candidate country pursuant to subsection
(b)(1)(C) of such section 317A.
(e) Technical and Conforming Amendments.--
(1) Definition.--Section 101(a)(13)(C)(ii) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii))
is amended by adding at the end the following: ``except in
the case of an eligible alien, or the spouse or child of such
alien, who is authorized to be absent from the United States
under section 317A,''.
(2) Documentary requirements.--Section 211(b) of such Act
(8 U.S.C. 1181(b)) is amended by inserting ``, including an
eligible alien authorized to reside in a foreign country
under section 317A and the spouse or child of such eligible
alien, if appropriate,'' after ``101(a)(27)(A),''.
(3) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) of such
Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting
``other than an eligible alien authorized to reside in a
foreign country under section 317A and the spouse or child of
such eligible alien, if appropriate,'' after ``Act,''.
(4) Naturalization.--Section 319(b) of such Act (8 U.S.C.
1430(b)) is amended by inserting ``an eligible alien who is
residing or has resided in a foreign country under section
317A'' before ``and (C)''.
(5) Clerical amendment.--The table of contents of such Act
is amended by inserting after the item relating to section
317 the following:

``Sec. 317A. Temporary absence of aliens providing health care in
developing countries''.

(6) Authorization of appropriations.--There are authorized
to be appropriated to

[[Page S7084]]

United States Citizenship and Immigration Services such sums
as may be necessary to carry out this subsection and the
amendments made by this subsection.
(f) Attestation by Health Care Workers.--
(1) Attestation requirement.--Section 212(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), as
amended by subsection (a), is further amended by adding at
the end the following:
``(D) Health care workers with other obligations.--
``(i) In general.--An alien who seeks to enter the United
States for the purpose of performing labor as a physician or
other health care worker is inadmissible unless the alien
submits to the Secretary of Homeland Security or the
Secretary of State, as appropriate, an attestation that the
alien is not seeking to enter the United States for such
purpose during any period in which the alien has an
outstanding obligation to the government of the alien's
country of origin or the alien's country of residence.
``(ii) Obligation defined.--In this subparagraph, the term
`obligation' means an obligation incurred as part of a valid,
voluntary individual agreement in which the alien received
financial assistance to defray the costs of education or
training to qualify as a physician or other health care
worker in consideration for a commitment to work as a
physician or other health care worker in the alien's country
of origin or the alien's country of residence.
``(iii) Waiver.--The Secretary of Homeland Security may
waive a finding of inadmissibility under clause (i) if the
Secretary determines that--

``(I) the obligation was incurred by coercion or other
improper means;
``(II) the alien and the government of the country to which
the alien has an outstanding obligation have reached a valid,
voluntary agreement, pursuant to which the alien's obligation
has been deemed satisfied, or the alien has shown to the
satisfaction of the Secretary that the alien has been unable
to reach such an agreement because of coercion or other
improper means; or
``(III) the obligation should not be enforced due to other
extraordinary circumstances, including undue hardship that
would be suffered by the alien in the absence of a waiver.''.

(2) Effective date; application.--
(A) Effective date.--The amendment made by paragraph (1)
shall take effect on the date that is 180 days after the date
of the enactment of this Act.
(B) Application by the secretary.--Not later than the
effective date described in subparagraph (A), the Secretary
shall begin to carry out subparagraph (D) of section
212(a)(5) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(5)), including the requirement for the attestation
and the granting of a waiver described in clause (iii) of
such subparagraph (D), regardless of whether regulations to
implement such subparagraph have been promulgated.
______

SA 1311. Mr. COBURN (for himself and Mr. DeMint) submitted an
amendment intended to be proposed by him to the bill S. 1348, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

In section 1, strike ``the probationary benefits conferred
by section 601(h) of this Act,''.
At the end of section 1, insert the following:
(e) Certification of Implementation of Existing Provisions
of Law.--
(1) In general.--In addition to the requirements under
subsection (a), at such time as any of the provisions
described in paragraph (2) have been satisfied, the Secretary
of the department or agency responsible for implementing the
requirements shall certify to the President that the
provisions of paragraph (2) have been satisfied.
(2) Existing law.--The following provisions of existing law
shall be fully implemented, as previously directed by the
Congress, prior to the certification set forth in paragraph
(1):
(A) The Department has achieved and maintained operational
control over the entire international land and maritime
borders of the United States as required under the Secure
Fence Act of 2006 (Public Law 109-367)
(B) The total miles of fence required under such Act have
been constructed.
(C) All databases maintained by the Department which
contain information on aliens shall be fully integrated as
required by section 202 of the Enhanced Border Security and
Visa Entry Reform Act of 2002 (8 U.S.C. 1722).
(D) The Department shall have implemented a system to
record the departure of every alien departing the United
States and of matching records of departure with the records
of arrivals in the United States through the US-VISIT program
as required by section 110 of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221
note).
(E) The provision of law that prevents States and
localities from adopting ``sanctuary'' policies or that
prevents State and local employees from communicating with
the Department are fully enforced as required by section 642
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1373).
(F) The Department employs fully operational equipment at
each port of entry and uses such equipment in a manner that
allows unique biometric identifiers to be compared and visas,
travel documents, passports, and other documents
authenticated in accordance with section 303 of the Enhanced
Border Security and Visa Entry Reform Act of 2002 (8 U.S.C.
1732).
(G) An alien with a border crossing card is prevented from
entering the United States until the biometric identifier on
the border crossing card is matched against the alien as
required by section 101(a)(6) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(6)).
(H) Any alien who is likely to become a public charge is
denied entry into the United States pursuant to section
212(a)(4) of the Immigration and Nationality Act (8 U.S.C.
1182(a)(4)).
(f) Presidential Review of Certifications.--
(1) Presidential review.--
(A) In general.--Not later than 60 days after the President
has received a certification, the President may approve or
disapprove the certification. Any Presidential disapproval of
a certification shall be made if the President believes that
the requirements set forth have not been met.
(B) Disapproval.--In the event the President disapproves of
a certification, the President shall deliver a notice of
disapproval to the Secretary of the department or agency
which made such certification. Such notice shall contain
information that describes the manner in which the
immigration enforcement measure was deficient, and the
Secretary of the department or agency responsible for
implementing said immigration enforcement measure shall
continue to work to implement such measure.
(C) Continuation of implementation.--The Secretary of the
department or agency responsible for implementing an
immigration enforcement measure shall consider such measure
approved, unless the Secretary receives the notice set forth
in subparagraph (B). In instances where an immigration
enforcement measure is deemed approved, the Secretary shall
continue to ensure that the immigration enforcement measure
continues to be fully implemented as directed by the
Congress.
(g) Presidential Certification of Immigration
Enforcement.--
(1) In general.--Not later than 90 days after the final
certification has been approved by the President, the
President shall submit to the Congress a notice of
Presidential Certification of Immigration Enforcement.
(2) Report.--The certification required under paragraph (1)
shall be submitted with an accompanying report that details
such information as is necessary for the Congress to make an
independent determination that each of the immigration
enforcement measures has been fully and properly implemented.
(3) Contents.--The Presidential Certification required
under paragraph (1) shall be submitted--
(A) in the Senate, to the Majority Leader, the Minority
Leader, and the chairman and ranking member of the Committee
on the Judiciary, the Committee on Homeland Security and
Government Affairs; and the Committee on Finance; and
(B) in the House of Representatives, to the Speaker, the
Majority Leader, the Minority Leader, and the chairman and
ranking member of the Committee on the Judiciary, the
Committee on Homeland Security; and the Committee on Ways and
Means.
(h) Congressional Review of Presidential Certification.--
(1) In general.--If a Presidential Certification of
Immigration Enforcement is made by the President under this
section, subtitle A of title IV, title V, and subtitles A
through C of title VI of this Act shall not be implemented
unless, during the first 90-calendar day period of continuous
session of the Congress after the date of the receipt by the
Congress of such notice of Presidential Certification of
Immigration Enforcement, the Congress passes a Resolution of
Presidential Certification of Immigration Enforcement in
accordance with this subsection, and such resolution is
enacted into law.
(2) Procedures applicable to the senate.--
(A) Rulemaking authority.--The provisions under this
paragraph are enacted by Congress--
(i) as an exercise of the rulemaking power of the Senate,
and as such they are deemed a part of the rules of the
Senate, but applicable only with respect to the procedure to
be followed in the Senate in the case of a Resolution of
Immigration Enforcement, and such provisions supersede other
rules of the Senate only to the extent that they are
inconsistent with such other rules; and
(ii) with full recognition of the constitutional right of
the Senate to change the rules (so far as relating to the
procedure of the Senate) at any time, in the same manner, and
to the same extent as in the case of any other rule of the
Senate.
(B) Introduction; referral.--
(i) In general.--Not later than the first day on which the
Senate is in session following the day on which any notice of
Presidential Certification of Immigration Enforcement is
received by the Congress, a Resolution of Presidential
Certification of Immigration Enforcement shall be introduced
(by request) in the Senate by either the Majority Leader or
Minority Leader. If such resolution is not introduced as
provided in

[[Page S7085]]

the preceding sentence, any Senator may introduce such
resolution on the third day on which the Senate is in session
after the date or receipt of the Presidential Certification
of Immigration Enforcement.
(ii) Referral.--Upon introduction, a Resolution of
Presidential Certification of Immigration Enforcement shall
be referred jointly to each of the committees having
jurisdiction over the subject matter referenced in the
Presidential Certification of Immigration Enforcement by the
President of the Senate. Upon the expiration of 60 days of
continuous session after the introduction of the Resolution
of Presidential Certification of Immigration Enforcement,
each committee to which such resolution was referred shall
make its recommendations to the Senate.
(iii) Discharge.--If any committee to which is referred a
resolution introduced under paragraph (2)(A) has not reported
such resolution at the end of 60 days of continuous session
of the Congress after introduction of such resolution, such
committee shall be discharged from further consideration of
such resolution, and such resolution shall be placed on the
legislative calendar of the Senate.
(C) Consideration.--
(i) In general.--When each committee to which a resolution
has been referred has reported, or has been discharged from
further consideration of, a resolution described in paragraph
(2)(C), it shall at any time thereafter be in order (even
though a previous motion to the same effect has been
disagreed to) for any Member of the Senate to move to proceed
to the consideration of such resolution. Such motion shall
not be debatable. If a motion to proceed to the consideration
of such resolution is agreed to, such resolution shall remain
the unfinished business of the Senate until the disposition
of such resolution.
(ii) Debate.--Debate on a resolution, and on all debatable
motions and appeals in connection with such resolution, shall
be limited to not more than 30 hours, which shall be divided
equally between Members favoring and Members opposing such
resolution. A motion to further limit debate shall be in
order and shall not be debatable. The resolution shall not be
subject to amendment, to a motion to postpone, or to a motion
to proceed to the consideration of other business. A motion
to recommit such resolution shall not be in order.
(iii) Final vote.--Immediately following the conclusion of
the debate on a resolution of approval, and a single quorum
call at the conclusion of such debate if requested in
accordance with the rules of the Senate, the vote on such
resolution shall occur.
(iv) Appeals.--Appeals from the decisions of the Chair
relating to the application of the rules of the Senate to the
procedure relating to a resolution of approval shall be
limited to 1 hour of debate.
(D) Receipt of a resolution from the house.--If the Senate
receives from the House of Representatives a Resolution of
Presidential Certification of Immigration Enforcement, the
following procedures shall apply:
(i) The resolution of the House of Representatives shall
not be referred to a committee and shall be placed on the
Senate calendar, except that it shall not be in order to
consider such resolution on the calendar received by the
House of Representatives until such time as the Committee
reports such resolution or is discharged from further
consideration of a resolution, pursuant to this title.
(ii) With respect to the disposition by the Senate with
respect to such resolution, on any vote on final passage of a
resolution of the Senate with respect to such approval, a
resolution from the House of Representatives with respect to
such measures shall be automatically substituted for the
resolution of the Senate.
(3) Procedures applicable to the house of
representatives.--
(A) Rulemaking authority.--The provisions of this paragraph
are enacted by Congress--
(i) as an exercise of the rulemaking power of the House of
Representatives, and as such they are deemed a part of the
rules of the House of Representatives, but applicable only
with respect to the procedure to be followed in the House of
Representatives in the case of Resolutions of Certification
Immigration Enforcement, and such provisions supersede other
rules of the House of Representatives only to the extent that
they are inconsistent with such other rules; and
(ii) with full recognition of the constitutional right of
the House of Representatives to change the rules (so far as
relating to the procedure of the House of Representatives) at
any time, in the same manner, and to the same extent as in
the case of any other rule of the House of Representatives.
(B) Introduction; referral.--Resolutions of certification
shall upon introduction, be immediately referred by the
Speaker of the House of Representatives to the appropriate
committee or committees of the House of Representatives. Any
such resolution received from the Senate shall be held at the
Speaker's table.
(C) Discharge.--Upon the expiration of 60 days of
continuous session after the introduction of the first
resolution of certification with respect to any measure, each
committee to which such resolution was referred shall be
discharged from further consideration of such resolution, and
such resolution shall be referred to the appropriate
calendar, unless such resolution or an identical resolution
was previously reported by each committee to which it was
referred.
(D) Consideration.--It shall be in order for the Speaker to
recognize a Member favoring a resolution to call up a
resolution of certification after it has been on the
appropriate calendar for 5 legislative days. When any such
resolution is called up, the House of Representatives shall
proceed to its immediate consideration and the Speaker shall
recognize the Member calling up such resolution and a Member
opposed to such resolution for 10 hours of debate in the
House of Representatives, to be equally divided and
controlled by such Members. When such time has expired, the
previous question shall be considered as ordered on the
resolution to adoption without intervening motion. No
amendment to any such resolution shall be in order, nor shall
it be in order to move to reconsider the vote by which such
resolution is agreed to or disagreed to.
(E) Receipt of resolution from senate.--If the House of
Representatives receives from the Senate a Resolution of
Certification Immigration Enforcement, the following
procedures shall apply:
(i) Such resolution shall not be referred to a committee.
(ii) With respect to the disposition of the House of
Representatives with respect to such resolution--

(I) the procedure with respect to that or other resolutions
of the House of Representatives shall be the same as if no
resolution from the Senate with respect to such resolution
had been received; but
(II) on any vote on final passage of a resolution of the
House of Representatives with respect to such measures, a
resolution from the Senate with respect to such resolution if
the text is identical shall be automatically substituted for
the resolution of the House of Representatives.

(i) Definitions.--In this section:
(1) Presidential certification of immigration
enforcement.--The term ``Presidential Certification of
Immigration Enforcement'' means the certification required
under this section, which is signed by the President, and
reads as follows:

``Pursuant to the provisions set forth in section 1 of the
Secure Borders, Economic Opportunity, and Immigration Reform
Act of 2007 (the `Act'), I do hereby transmit the
Certification of Immigration Enforcement, certify that the
borders of the United States are substantially secure, and
certify that the following provisions of the Act have been
fully satisfied, the measures set forth below are fully
implemented, and the border security measures set forth in
this section are fully operational.''.
(2) Certification.--The term ``certification'' means any of
the certifications required under subsection (a).
(3) Immigration enforcement measure.--The term
``immigration enforcement measure'' means any of the measures
required to be certified pursuant to subsection (a).
(4) Resolution of presidential certification of immigration
enforcement.--The term ``Resolution of Presidential
Certification of Immigration Enforcement'' means a joint
resolution of the Congress, the matter after the resolving
clause of which is as follows:

``That Congress approves the certification of the President
of the United States submitted to Congress on ____ that the
national borders of the United States have been secured and,
in accordance with the provisions of the Secure Borders,
Economic Opportunity, and Immigration Reform Act of 2007.'',
______

SA 1312. Mr. BIDEN (for himself and Mr. Lugar) 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. __. RETURN OF TALENT PROGRAM.

(a) Short Title.--This section may be cited as the ``Return
of Talent Act''.
(b) Return of Talent Program.--
(1) In general.--Title III (8 U.S.C. 1401 et seq.) is
amended by inserting after section 317 the following:

``SEC. 317A. TEMPORARY ABSENCE OF PERSONS PARTICIPATING IN
THE RETURN OF TALENT PROGRAM.

``(a) In General.--The Secretary of Homeland Security, in
consultation with the Secretary of State, shall establish the
Return of Talent Program to permit eligible aliens to
temporarily return to the alien's country of citizenship in
order to make a material contribution to that country if the
country is engaged in post-conflict or natural disaster
reconstruction activities, for a period not exceeding 24
months, unless an exception is granted under subsection (d).
``(b) Eligible Alien.--An alien is eligible to participate
in the Return of Talent Program established under subsection
(a) if the alien meets the special immigrant description
under section 101(a)(27)(N).
``(c) Family Members.--The spouse, parents, siblings, and
any minor children of an alien who participates in the Return
of Talent Program established under subsection (a) may return
to such alien's country of citizenship with the alien and
reenter the United States with the alien.

[[Page S7086]]

``(d) Extension of Time.--The Secretary of Homeland
Security may extend the 24-month period referred to in
subsection (a) upon a showing that circumstances warrant that
an extension is necessary for post-conflict or natural
disaster reconstruction efforts.
``(e) Residency Requirements.--An immigrant described in
section 101(a)(27)(N) who participates in the Return of
Talent Program established under subsection (a), and the
spouse, parents, siblings, and any minor children who
accompany such immigrant to that immigrant's country of
citizenship, shall be considered, during such period of
participation in the program--
``(1) for purposes of section 316(a), physically present
and residing in the United States for purposes of
naturalization within the meaning of that section; and
``(2) for purposes of section 316(b), to meet the
continuous residency requirements in that section.
``(f) Oversight and Enforcement.--The Secretary of Homeland
Security, in consultation with the Secretary of State, shall
oversee and enforce the requirements of this section.''.
(2) Table of contents.--The table of contents (8 U.S.C.
1101 et seq.) is amended by inserting after the item relating
to section 317 the following:

``317A. Temporary absence of persons participating in the Return of
Talent Program''.
(c) Eligible Immigrants.--Section 101(a)(27) (8 U.S.C.
1101(a)(27)) is amended--
(1) in subparagraph (L), by inserting a semicolon after
``Improvement Act of 1998'';
(2) in subparagraph (M), by striking the period at the end
and inserting ``; or''; and
(3) by adding at the end the following:
``(N) an immigrant who--
``(i) has been lawfully admitted to the United States for
permanent residence;
``(ii) demonstrates an ability and willingness to make a
material contribution to the post-conflict or natural
disaster reconstruction in the alien's country of
citizenship; and
``(iii) as determined by the Secretary of State in
consultation with the Secretary of Homeland Security--
``(I) is a citizen of a country in which Armed Forces of
the United States are engaged, or have engaged in the 10
years preceding such determination, in combat or peacekeeping
operations;
``(II) is a citizen of a country where authorization for
United Nations peacekeeping operations was initiated by the
United Nations Security Council during the 10 years preceding
such determination; or
``(III) is a citizen of a country which received, during
the preceding 2 years, funding from the Office of Foreign
Disaster Assistance of the United States Agency for
International Development in response to a declared disaster
in such country by the United States Ambassador, the Chief of
the U.S. Mission, or the appropriate Assistant Secretary of
State, that is beyond the ability of such country's response
capacity and warrants a response by the United States
Government.''.
(d) Report to Congress.--Not later than 2 years after the
date of the enactment of this Act, the Secretary, in
consultation with the Secretary of State, shall submit a
report to Congress that describes--
(1) the countries of citizenship of the participants in the
Return of Talent Program established under section 317A of
the Immigration and Nationality Act, as added by subsection
(b);
(2) the post-conflict or natural disaster reconstruction
efforts that benefitted, or were made possible, through
participation in the program; and
(3) any other information that the Secretary determines to
be appropriate.
(e) Rulemaking.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall promulgate
regulations to carry out this section and the amendments made
by this section.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to United States Citizenship and
Immigration Services for fiscal year 2008, such sums as may
be necessary to carry out this section and the amendments
made by this section.
______

SA 1313. Mr. WEBB 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 282, strike line 11 and all that follows through
page 283, line 8 and insert the following:
(b) Establishment of Z Nonimmigrant Category.--
(1) In general.--Section 101(a)(15) (8 U.S.C. 1101(a)(15)),
as amended by section 401(a), is further amended by adding at
the end the following:
``(Z) subject to title VI of the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007, an alien
who--
``(i)(I) has maintained a continuous physical presence in
the United States since the date that is 4 years before the
date of the enactment of the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007;
``(II) is employed, and seeks to continue performing labor,
services, or education; and
``(III) the Secretary of Homeland Security determines has
sufficient ties to a community in the United States, based
on--

``(aa) whether the applicant has immediate relatives (as
defined in section 201(b)(2)(A)) residing in the United
States;
``(bb) the amount of cumulative time the applicant has
lived in the United States;
``(cc) whether the applicant owns property in the United
States;
``(dd) whether the applicant owns a business in the United
States;
``(ee) the extent to which the applicant knows the English
language;
``(ff) the applicant's work history in the United States;
``(gg) whether the applicant attended school (either
primary, secondary, college, post-graduate) in the United
States;
``(hh) the extent to which the applicant has a history of
paying Federal and State income taxes;
``(ii) whether the applicant has been convicted of criminal
activity in the United States; and
``(jj) whether the applicant has certifies his or her
intention to ultimately become a United States citizen;

``(ii)(I) is the spouse or parent (65 years of age or
older) of an alien described in clause (i);
``(II) was, during the 2-year period ending on the date on
which the Secure Borders, Economic Opportunity, and
Immigration Reform Act of 2007 was introduced in the Senate,
the spouse of an alien who was subsequently classified as a Z
nonimmigrant under this section, or is eligible for such
classification, if--

``(aa) the termination of the relationship with such spouse
was connected to domestic violence; and
``(bb) the spouse has been battered or subjected to extreme
cruelty by the spouse or parent who is a Z nonimmigrant; or

``(III) is under 18 years of age at the time of application
for nonimmigrant status under this subparagraph and was born
to, or legally adopted by, a parent described in clause
(i).''.
(2) Rulemaking.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall promulgate
regulations, in accordance with the procedures set forth in
sections 555, 556, and 557 of title 5, United States Code,
which establish the precise system that the Secretary will
use to make a determination under section 101(a)(15)(Z)(ii)
of the Immigration and Nationality Act, as added by paragraph
(1).
On page 286, line 36, strike ``before January 1, 2007,''
and insert ``on the date that is 4 years before the date of
the enactment of this Act''.
On page 286, line 43, strike ``be on January 1, 2007,'' and
insert ``have been, on the date that is 4 years before the
date of the enactment of this Act''.

On page 290, line 14, insert ``sufficient evidence that the
alien resided in the United States for not less than 4 years
before the date of the enactment of this Act and'' after
``submission of''.
On page 304, strike lines 2 through 20 and insert the
following:
(ii) Application.--A Z-1 nonimmigrant's application for
adjustment of status to that of an alien lawfully admitted
for permanent residence may be filed in person with a United
States consulate outside the United States or with United
States Citizenship and Immigration Services at any location
in the United States designated by the Secretary.
______

SA 1314. Mr. GRAHAM (for himself, Mr. McCain, Mr. Isakson, and Mr.
Chambliss) 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 34, strike ``and''.
On page 290, line 40, strike the period and insert ``;
and''.
On page 290, line 41, insert the following:
(E) shall be eligible to serve as a member of the Armed
Forces of the United States.
______

SA 1315. Ms. CANTWELL (for herself, Mr. Cornyn, Mr. Leahy, Mr. Hatch,
Mr. Bennett, Mr. Schumer, Mr. Warner, Mr. Sununu, Mr. Ensign, Mr.
Gregg, and Mr. Crapo) 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:

On page 265, strike lines 17 through 25, and insert the
following:
``(G) Notwithstanding any other provision 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 other provision 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).'';
(2) by redesignating paragraphs (4) through (6) as
paragraphs (2) through (4), respectively;
(3) 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'';

[[Page S7087]]

(4) 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
(5) 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.--
``(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.''.
On page 262, between lines 9 and 10, insert 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)(5).''.
On page 238, strike lines 13 through 24.

On page 239, strike lines 23 through 38 and insert the
following:
(b) Ensuring Access to Skilled Workers in Specialty
Occupations.--
(1) In general.--Paragraph (6) of section 214(g) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)), as
redesignated by section 409, 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.
______

SA 1316. Mr. DORGAN (for himself and Mr. Durbin) submitted an
amendment intended to be proposed by him to the bill S. 1348, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

At the end of section 401, add the following:

[[Page S7088]]

(d) Sunset of Y-1 Visa Program.--
(1) Sunset.--Notwithstanding any other provision of this
Act, or any amendment made by this Act, no alien may be
issued a new visa as a Y-1 nonimmigrant (as defined in
section 218B of the Immigration and Nationality Act, as added
by section 403) on the date that is 5 years after the date
that the first such visa is issued.
(2) Construction.--Nothing in paragraph (1) may be
construed to affect issuance of visas to Y-2B nonimmigrants
(as defined in such section 218B), under the AgJOBS Act of
2007, as added by subtitle C, under the H-2A visa program, or
any visa program other than the Y-1 visa program.
______

SA 1317. Mr. MENENDEZ (for himself, Mr. Obama, and Mr. Feingold)
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 the table between page 262, line 36 and page 264, line
1, strike all the matter relating to ``Extended family'' and
insert the following:

------------------------------------------------------------------------

------------------------------------------------------------------------
Extended family            Adult (21 or older) son or daughter of     15
a United States citizen - 10 points
Adult (21 or older) son or daughter of
a legal permanent resident - 10 pts
Sibling of a United States citizen or
legal permanent resident - 10 pts
If an alien had applied for a family
visa in any of the above categories
after May 1, 2005 - 5 pts
������������������������������������������������������������������������
Total                                                                105
------------------------------------------------------------------------

______

SA 1318. Mr. CHAMBLISS (for himself, Mr. Ensign, and Mr. Coleman)
submitted an amendment intended to be proposed by him to the bill S.
1348, to provide for comprehensive immigration reform and for other
purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. TRANSMITTAL AND APPROVAL OF TOTALIZATION
AGREEMENTS.

(a) In General.--Section 233(e) of the Social Security Act
(42 U.S.C. 433(e)) is amended to read as follows:
``(e)(1) Any agreement to establish a totalization
arrangement which is entered into with another country under
this section shall enter into force with respect to the
United States if (and only if)--
``(A) the President, at least 90 calendar days before the
date on which the President enters into the agreement,
notifies each House of Congress of the President's intention
to enter into the agreement, and promptly thereafter
publishes notice of such intention in the Federal Register,
``(B) the President transmits the text of such agreement to
each House of Congress as provided in paragraph (2), and
``(C) an approval resolution regarding such agreement has
passed both Houses of Congress and has been enacted into law.
``(2)(A) Whenever an agreement referred to in paragraph (1)
is entered into, the President shall transmit to each House
of Congress a document setting forth the final legal text of
such agreement and including a report by the President in
support of such agreement. The President's report shall
include the following:
``(i) An estimate by the Chief Actuary of the Social
Security Administration of the effect of the agreement, in
the short term and in the long term, on the receipts and
disbursements under the social security system established by
this title.
``(ii) A statement of any administrative action proposed to
implement the agreement and how such action will change or
affect existing law.
``(iii) A statement describing whether and how the
agreement changes provisions of an agreement previously
negotiated.
``(iv) A statement describing how and to what extent the
agreement makes progress in achieving the purposes, policies,
and objectives of this title.
``(v) An estimate by the Chief Actuary of the Social
Security Administration, working in consultation with the
Comptroller General of the United States, of the number of
individuals who may become eligible for any benefits under
this title or who may otherwise be affected by the agreement.
``(vi) An assessment of the integrity of the retirement
data and records (including birth, death, and marriage
records) of the other country that is the subject of the
agreement.
``(vii) An assessment of the ability of such country to
track and monitor recipients of benefits under such
agreement.
``(B) If any separate agreement or other understanding with
another country (whether oral or in writing) relating to an
agreement to establish a totalization arrangement under this
section is not disclosed to Congress in the transmittal to
Congress under this paragraph of the agreement to establish a
totalization arrangement, then such separate agreement or
understanding shall not be considered to be part of the
agreement approved by Congress under this section and shall
have no force and effect under United States law.
``(3) For purposes of this subsection, the term `approval
resolution' means a joint resolution, the matter after the
resolving clause of which is as follows: `That the proposed
agreement entered into pursuant to section 233 of the Social
Security Act between the United States and _______
establishing totalization arrangements between the social
security system established by title II of such Act and the
social security system of _______, transmitted to Congress by
the President on ______, is hereby approved.', the first two
blanks therein being filled with the name of the country with
which the United States entered into the agreement, and the
third blank therein being filled with the date of the
transmittal of the agreement to Congress.
``(4) Whenever a document setting forth an agreement
entered into under this section and the President's report in
support of the agreement is transmitted to Congress pursuant
to paragraph (2), copies of such document shall be delivered
to both Houses of Congress on the same day and shall be
delivered to the Clerk of the House of Representatives if the
House is not in session and to the Secretary of the Senate if
the Senate is not in session.
``(5) On the day on which a document setting forth the
agreement is transmitted to the House of Representatives and
the Senate pursuant to paragraph (1), an approval resolution
with respect to such agreement shall be introduced (by
request) in the House by the majority leader of the House,
for himself or herself and the minority leader of the House,
or by Members of the House designated by the majority leader
and minority leader of the House; and shall be introduced (by
request) in the Senate by the majority leader of the Senate,
for himself or herself and the minority leader of the Senate,
or by Members of the Senate designated by the majority leader
and minority leader of the Senate. If either House is not in
session on the day on which such an agreement is transmitted,
the approval resolution with respect to such agreement shall
be introduced in that House, as provided in the preceding
sentence, on the first day thereafter on which that House is
in session. The resolution introduced in the House of
Representatives shall be referred to the Committee on Ways
and Means and the resolution introduced in the Senate shall
be referred to the Committee on Finance.''.
(b) Additional Reports and Evaluations.--Section 233 of the
Social Security Act (42 U.S.C. 433) is amended by adding at
the end the following new subsections:
``(f) Biennial SSA Report on Impact of Totalization
Agreements.--
``(1) Report.--For any totalization agreement transmitted
to Congress on or after January 1, 2007, the Commissioner of
Social Security shall submit a report to Congress and the
Comptroller General that--
``(A) compares the estimates contained in the report
submitted to Congress under clauses (i) and (v) of subsection
(e)(2)(A) with respect to that agreement with the actual
number of individuals affected by the agreement and the
actual effect of the agreement on social security system
receipts and disbursements; and
``(B) contains recommendations for adjusting the methods
used to make the estimates.
``(2) Dates for submission.--The report required under this
subsection shall be provided not later than 2 years after the
effective date of the totalization agreement that is the
subject of the report and biennially thereafter.
``(g) GAO Evaluation and Report.--
``(1) Evaluation of initial report on impact of
totalization agreements.--With respect to each initial report
regarding a totalization agreement submitted under subsection
(f), the Comptroller General of the United States shall
conduct an evaluation of the report that includes--
``(A) an evaluation of the procedures used for making the
estimates required by subsection (e)(2)(A);
``(B) an evaluation of the procedures used for determining
the actual number of individuals affected by the agreement
and the effects of the totalization agreement on receipts and
disbursements under the social security system; and
``(C) such recommendations as the Comptroller General
determines appropriate.
``(2) Report.--Not later than 1 year after the date of
submission of an initial report regarding a totalization
agreement under subsection (f), the Comptroller General shall
submit to Congress a report setting forth the results of the
evaluation conducted under paragraph (1).
``(3) Data collection.--The Commissioner of Social Security
shall collect and maintain the data necessary for the
Comptroller General of the United States to conduct the
evaluation required by paragraph (1).''.
(c) Effective Date.--The amendments made by this section
shall apply with respect to agreements establishing
totalization arrangements entered into under section 233 of
the Social Security Act which are transmitted to Congress on
or after January 1, 2007.
______

SA 1319. Mr. CHAMBLISS 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 214A of the Immigration and Nationality Act, as
added by section 622(b),

[[Page S7089]]

strike subsection (g) and all that follows through
subparagraph (D) of subsection (j)(1), and insert the
following:
``(g) Fine.--An alien granted a Z-A visa shall pay a fine
of $1,000 to the Secretary.
``(h) Treatment of Aliens Granted a Z-A Visa.--
``(1) In general.--Except as otherwise provided under this
subsection, an alien granted a Z-A visa or a Z-A dependent
visa shall be considered to be an alien lawfully admitted for
permanent residence for purposes of any law other than any
provision of this Act.
``(2) Delayed eligibility for certain federal public
benefits.--An alien granted a Z-A visa shall not be eligible,
by reason of such status, for any form of assistance or
benefit described in section 403(a) of the Personal
Responsibility and Work Opportunity Reconciliation Act of
1996 (8 U.S.C. 1613(a)) until 5 years after the date on which
the alien is granted an adjustment of status under subsection
(d).
``(3) Terms of employment.--
``(A) Prohibition.--No alien granted a Z-A visa may be
terminated from employment by any employer during the period
of a Z-A visa except for just cause.
``(B) Treatment of complaints.--
``(i) Establishment of process.-- The Secretary shall
establish a process for the receipt, initial review, and
disposition of complaints by aliens granted a Z-A visa who
allege that they have been terminated without just cause. No
proceeding shall be conducted under this subparagraph with
respect to a termination unless the Secretary determines that
the complaint was filed not later than 6 months after the
date of the termination.
``(ii) Initiation of arbitration.--If the Secretary finds
that an alien has filed a complaint in accordance with clause
(i) and there is reasonable cause to believe that the alien
was terminated from employment without just cause, the
Secretary shall initiate binding arbitration proceedings by
requesting the Federal Mediation and Conciliation Service to
appoint a mutually agreeable arbitrator from the roster of
arbitrators maintained by such Service for the geographical
area in which the employer is located. The procedures and
rules of such Service shall be applicable to the selection of
such arbitrator and to such arbitration proceedings. The
Secretary shall pay the fee and expenses of the arbitrator,
subject to the availability of appropriations for such
purpose.
``(iii) Arbitration proceedings.-- The arbitrator shall
conduct the proceeding under this subparagraph in accordance
with the policies and procedures promulgated by the American
Arbitration Association applicable to private arbitration of
employment disputes. The arbitrator shall make findings
respecting whether the termination was for just cause. The
arbitrator may not find that the termination was for just
cause unless the employer so demonstrates by a preponderance
of the evidence. If the arbitrator finds that the termination
was not for just cause, the arbitrator shall make a specific
finding of the number of days or hours of work lost by the
employee as a result of the termination. The arbitrator shall
have no authority to order any other remedy, including
reinstatement, back pay, or front pay to the affected
employee. Not later than 30 days after the date of the
conclusion of the arbitration proceeding, the arbitrator
shall transmit the findings in the form of a written opinion
to the parties to the arbitration and the Secretary. Such
findings shall be final and conclusive, and no official or
court of the United States shall have the power or
jurisdiction to review any such findings.
``(iv) Effect of arbitration findings.--If the Secretary
receives a finding of an arbitrator that an employer has
terminated the employment of an alien who is granted a Z-A
visa without just cause, the Secretary shall credit the alien
for the number of days of work not performed during such
period of termination for the purpose of determining if the
alien meets the qualifying employment requirement of
subsection (f)(2).
``(v) Treatment of attorney's fees.--Each party to an
arbitration under this subparagraph shall bear the cost of
their own attorney's fees for the arbitration.
``(vi) Nonexclusive remedy.--The complaint process provided
for in this subparagraph is in addition to any other rights
an employee may have in accordance with applicable law.
``(vii) Effect on other actions or proceedings.--Any
finding of fact or law, judgment, conclusion, or final order
made by an arbitrator in the proceeding before the Secretary
shall not be conclusive or binding in any separate or
subsequent action or proceeding between the employee and the
employee's current or prior employer brought before an
arbitrator, administrative agency, court, or judge of any
State or the United States, regardless of whether the prior
action was between the same or related parties or involved
the same facts, except that the arbitrator's specific finding
of the number of days or hours of work lost by the employee
as a result of the employment termination may be referred to
the Secretary pursuant to clause (iv).
``(4) Record of employment.--
``(A) In general.--Each employer of an alien who is granted
a Z-A visa shall annually--
``(i) provide a written record of employment to the alien;
and
``(ii) provide a copy of such record to the Secretary.
``(B) Civil penalties.--
``(i) In general.--If the Secretary finds, after notice and
opportunity for a hearing, that an employer of an alien
granted a Z-A visa has failed to provide the record of
employment required under subparagraph (A) or has provided a
false statement of material fact in such a record, the
employer shall be subject to a civil money penalty in an
amount not to exceed $1,000 per violation.
``(ii) Limitation.--The penalty applicable under clause (i)
for failure to provide records shall not apply unless the
alien has provided the employer with evidence of employment
authorization granted under this subsection.
``(i) Termination of a Grant of Z-A Visa.--
``(1) In general.--The Secretary may terminate a Z-A visa
or a Z-A dependent visa granted to an alien only if the
Secretary determines that the alien is deportable.
``(2) Grounds for termination.--Prior to the date that an
alien granted a Z-A visa or a Z-A dependent visa becomes
eligible for adjustment of status described in subsection
(j), the Secretary may deny adjustment to permanent resident
status and provide for termination of the alien's Z-A visa or
Z-A dependent visa if--
``(A) the Secretary finds, by a preponderance of the
evidence, that the grant of a Z-A visa was the result of
fraud or willful misrepresentation (as described in section
212(a)(6)(C)(i)); or
``(B) the alien--
``(i) commits an act that makes the alien inadmissible to
the United States as an immigrant, except as provided under
subsection (c)(4);
``(ii) is convicted of a felony or 3 or more misdemeanors
committed in the United States;
``(iii) is convicted of an offense, an element of which
involves bodily injury, threat of serious bodily injury, or
harm to property in excess of $500; or
``(iv) in the case of an alien granted a Z-A visa, fails to
perform the agricultural employment described in subsection
(j)(1)(A) unless the alien was unable to work in agricultural
employment due to the extraordinary circumstances described
in subsection (j)(1)(A)(iii).
``(3) Reporting requirement.--The Secretary shall
promulgate regulations to ensure that the alien granted a Z-A
visa complies with the qualifying agricultural employment
described in subsection (j)(1)(A) at the end of the 5-year
work period, which may include submission of an application
pursuant to this subsection.
``(j) Adjustment to Permanent Residence.--
``(1) Z-A visa.--Except as provided in this subsection, the
Secretary shall award the maximum number of points available
pursuant to section 203(b)(1) and adjust the status of an
alien granted a Z-A visa to that of an alien lawfully
admitted for permanent residence under this Act, if the
Secretary determines that the following requirements are
satisfied:
``(A) Qualifying employment.--
``(i) In general.--Subject to clauses (ii) and (iii), the
alien has performed at least--
``(I) 5 years of agricultural employment in the United
States for at least 100 work days per year, during the 5-year
period beginning on the date of the enactment of the AgJOBS
Act of 2007; or
``(II) 3 years of agricultural employment in the United
States for at least 150 work days per year, during the 3-year
period beginning on such date of the enactment.
``(ii) Four-year period of employment.--An alien shall be
considered to meet the requirements of clause (i) if the
alien has performed 4 years of agricultural employment in the
United States for at least 150 workdays during 3 years of
those 4 years and at least 100 workdays during the remaining
year, during the 4-year period beginning on such date of the
enactment.
``(iii) Extraordinary circumstances.--In determining
whether an alien has met the requirement of clause (i), the
Secretary may credit the alien with not more than 12
additional months to meet the requirement of that clause if
the alien was unable to work in agricultural employment due
to--
``(I) pregnancy, injury, or disease, if the alien can
establish such pregnancy, disabling injury, or disease
through medical records;
``(II) illness, disease, or other special needs of a minor
child, if the alien can establish such illness, disease, or
special needs through medical records; or
``(III) severe weather conditions that prevented the alien
from engaging in agricultural employment for a significant
period of time.
``(B) Proof.--An alien may demonstrate compliance with the
requirements of subparagraph (A) by submitting--
``(i) the record of employment described in subsection
(h)(4); or
``(ii) such documentation as may be submitted under
subsection (d)(3).
``(C) Application period.--Not later than 8 years after the
date of the enactment of the AgJOBS Act of 2007, the alien
must--
``(i) apply for adjustment of status; or
``(ii) renew the alien's Z visa status as described in
section 601(k)(2).
``(D) Fine.--The alien pays to the Secretary a fine of
$4,000, such fine may be reduced by $1,000 for every year of
qualifying agricultural employment under this subsection, up
to a maximum of 3 years credit.
______

SA 1320. Mr. CHAMBLISS submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for

[[Page S7090]]

comprehensive immigration reform and for other purposes; which was
ordered to lie on the table; as follows:

In subsection (c)(4)(A) of section 214A of the Immigration
and Nationality Act, as added by section 622(b), strike ``The
provisions of paragraphs (5), (6)(A), (7), and (9) of section
212(a) shall not apply.'' and insert ``The provisions of
paragraphs (5), (6)(A), (7), and (9)(B) of section 212(a)
shall not apply.''.
______

SA 1321. 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:

At the end of section 1, insert the following:
(e) Submission to Congress.--
(1) In general.--Except as provided under paragraph (2),
not later than 54 months after the date of the enactment of
this Act, the Secretary shall submit a written certification
to the President and Congress that--
(A) the border security and other measures described in
subsection (a) are funded, in place, and in operation; and
(B) there are fewer than 1,000,000 individuals who are
unlawfully present in the United States.
(2) Effect of lack of certification.--If the border
security and other measures described in subsection (a) are
not funded, are not in place, are not in operation, or if
more than 1,000,000 individuals are unlawfully present in the
United States on the date that is 54 months after the date of
the enactment of this Act, title VI shall be immediately
repealed and the legal status and probationary benefits
granted to aliens under such title shall be terminated.
______

SA 1322. Mr. SESSIONS (for himself, Mr. Isakson, and Mr. Chambliss)
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 48, between lines 9 and 10, insert the following:

SEC. 204. TERRORIST BARS.

(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) an alien described in section 212(a)(3) or 237(a)(4),
as determined by the Secretary of Homeland Security or the
Attorney General based upon any relevant information or
evidence, including classified, sensitive, or national
security information;'';
(2) in paragraph (8), by striking ``(as defined in
subsection (a)(43))'' and inserting the following: ``,
regardless of whether the crime was defined as an aggravated
felony under subsection (a)(43) at the time of the
conviction, unless--
``(A) the person completed the term of imprisonment and
sentence not later than 10 years before the date of
application; and
``(B) the Secretary of Homeland Security or the Attorney
General waives the application of this paragraph; or''; and
(3) in the undesignated matter following paragraph (9), by
striking ``a finding that for other reasons such person is or
was not of good moral character'' and inserting the
following: ``a discretionary finding for other reasons that
such a person is or was not of good moral character. In
determining an applicant's moral character, the Secretary of
Homeland Security and the Attorney General may take into
consideration the applicant's conduct and acts at any time
and are not limited to the period during which good moral
character is required.''.
(b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b))
is amended by adding at the end the following: ``A petition
may not be approved under 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.''.
(c) Conditional Permanent Resident Status.--
(1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is
amended by inserting ``if the alien has had the conditional
basis removed pursuant to this section'' before the period at
the end.
(2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C.
1186b(e)) is amended by inserting ``if the alien has had the
conditional basis removed pursuant to this section'' before
the period at the end.
(d) Judicial Review of Naturalization Applications.--
Section 310(c) (8 U.S.C. 1421(c)) is amended--
(1) by inserting ``, not later than 120 days after the
Secretary of Homeland Security's final determination,'' after
``may''; and
(2) by adding at the end the following: ``Except that in
any proceeding, other than a proceeding under section 340,
the court shall review for substantial evidence the
administrative record and findings of the Secretary of
Homeland Security regarding whether an alien is a person of
good moral character, understands and is attached to the
principles of the Constitution of the United States, or is
well disposed to the good order and happiness of the United
States. The petitioner shall have the burden of showing that
the Secretary's denial of the application was contrary to
law.''.
(e) Persons Endangering National Security.--Section 316 (8
U.S.C. 1427) is amended by adding at the end the following:
``(g) Persons Endangering the National Security.--A person
may not be naturalized if the Secretary of Homeland Security
determines, based upon any relevant information or evidence,
including classified, sensitive, or national security
information, that the person was once an alien described in
section 212(a)(3) or 237(a)(4).''.
(f) Concurrent Naturalization and Removal Proceedings.--
Section 318 (8 U.S.C. 1429) is amended by striking ``the
Attorney General if'' and all that follows and inserting:
``the Secretary of Homeland Security or 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
canceling the removal of an alien under this Act shall not be
deemed binding in any way upon the Secretary of Homeland
Security with respect to the question of whether such person
has established eligibility for naturalization in accordance
with this title.''.
(g) 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 required under such
section, the applicant may apply to the district court for
the district in which the applicant resides for a hearing on
the matter. The Secretary shall notify the applicant when
such examinations and interviews have been completed. Such
district court shall only have jurisdiction to review the
basis for delay and remand the matter, with appropriate
instructions, to the Secretary for the Secretary's
determination on the application.''.
(h) Effective Date.--The amendments made by this section--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall apply to any act that occurred on or after such
date of enactment.

SEC. 204A. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT
BY STATES AND POLITICAL SUBDIVISIONS OF STATES.

(a) Authority.--Law enforcement personnel of a State, or a
political subdivision of a State, have the inherent authority
of a sovereign entity to investigate, apprehend, arrest,
detain, or transfer to Federal custody (including the
transportation across State lines to detention centers) an
alien for the purpose of assisting in the enforcement of the
immigration laws of the United States in the normal course of
carrying out the law enforcement duties of such personnel.
This State authority has never been displaced or preempted by
Federal law.
(b) Construction.--Nothing in this section may be construed
to require law enforcement personnel of a State or a
political subdivision to assist in the enforcement of the
immigration laws of the United States.

SEC. 204B. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL
CRIME INFORMATION CENTER DATABASE.

(a) Provision of Information to the National Crime
Information Center.--
(1) In general.--Except as provided under paragraph (3),
not later than 180 days after the date of the enactment of
this Act, the Secretary shall provide to the head of the
National Crime Information Center of the Department of
Justice the information that the Secretary has or maintains
related to any alien--
(A) against whom a final order of removal has been issued;
(B) who enters into a voluntary departure agreement, or is
granted voluntary departure by an immigration judge, whose
period for departure has expired under subsection (a)(3) of
section 240B of the Immigration and Nationality Act (8 U.S.C.
1229c), subsection (b)(2) of such section 240B, or who has
violated a condition of a voluntary departure agreement under
such section 240B;
(C) whom a Federal immigration officer has confirmed to be
unlawfully present in the United States; and
(D) whose visa has been revoked.
(2) Removal of information.--The head of the National Crime
Information Center shall promptly remove any information
provided by the Secretary under paragraph (1) related to an
alien who is lawfully admitted to enter or remain in the
United States.
(3) Procedure for removal of erroneous information.--
(A) In general.--The Secretary, in consultation with the
head of the National Crime Information Center, shall develop
and implement a procedure by which an alien may petition the
Secretary or head of the National Crime Information Center,
as appropriate, to remove any erroneous information provided
by the Secretary under paragraph (1) related to such alien.
(B) Effect of failure to receive notice.--Under procedures
developed under

[[Page S7091]]

subparagraph (A), failure by the alien to receive notice of a
violation of the immigration laws shall not constitute cause
for removing information provided by the Secretary under
paragraph (1) related to such alien, unless such information
is erroneous.
(C) Interim provision of information.--Notwithstanding the
180-day period set forth in paragraph (1), the Secretary may
not provide the information required under paragraph (1)
until the procedures required under this paragraph have been
developed and implemented.
(b) Inclusion of Information in the National Crime
Information Center Database.--Section 534(a) of title 28,
United States Code, is amended--
(1) in paragraph (3), by striking ``and'' at the end;
(2) by redesignating paragraph (4) as paragraph (5); and
(3) by inserting after paragraph (3) the following:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States;
and''.
______

SA 1333. Mr. SESSIONS (for himself, Mr. Isakson, and Mr. Chambliss)
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 78, line 6, strike ``(b)'' and insert the
following:
(b) Federal Affirmation of Immigration Law Enforcement by
States and Political Subdivisions of States.--
(1) Authority.--Law enforcement personnel of a State, or a
political subdivision of a State, have the inherent authority
of a sovereign entity to investigate, apprehend, arrest,
detain, or transfer to Federal custody (including the
transportation across State lines to detention centers) an
alien for the purpose of assisting in the enforcement of the
immigration laws of the United States in the normal course of
carrying out the law enforcement duties of such personnel.
This State authority has never been displaced or preempted by
Federal law.
(2) Construction.--Nothing in this subsection may be
construed to require law enforcement personnel of a State or
a political subdivision to assist in the enforcement of the
immigration laws of the United States.
(c) Listing of Immigration Violators in the National Crime
Information Center Database.--
(1) Provision of information to the national crime
information center.--
(A) In general.--Except as provided under subparagraph (C),
not later than 180 days after the date of the enactment of
this Act, the Secretary shall provide to the head of the
National Crime Information Center of the Department of
Justice the information that the Secretary has or maintains
related to any alien--
(i) against whom a final order of removal has been issued;
(ii) who enters into a voluntary departure agreement, or is
granted voluntary departure by an immigration judge, whose
period for departure has expired under subsection (a)(3) of
section 240B of the Immigration and Nationality Act (8 U.S.C.
1229c), subsection (b)(2) of such section 240B, or who has
violated a condition of a voluntary departure agreement under
such section 240B;
(iii) whom a Federal immigration officer has confirmed to
be unlawfully present in the United States; and
(iv) whose visa has been revoked.
(B) Removal of information.--The head of the National Crime
Information Center shall promptly remove any information
provided by the Secretary under subparagraph (A) related to
an alien who is lawfully admitted to enter or remain in the
United States.
(C) Procedure for removal of erroneous information.--
(i) In general.--The Secretary, in consultation with the
head of the National Crime Information Center, shall develop
and implement a procedure by which an alien may petition the
Secretary or head of the National Crime Information Center,
as appropriate, to remove any erroneous information provided
by the Secretary under subparagraph (A) related to such
alien.
(ii) Effect of failure to receive notice.--Under procedures
developed under clause (i), failure by the alien to receive
notice of a violation of the immigration laws shall not
constitute cause for removing information provided by the
Secretary under subparagraph (A) related to such alien,
unless such information is erroneous.
(iii) Interim provision of information.--Notwithstanding
the 180-day period set forth in subparagraph (A), the
Secretary may not provide the information required under
subparagraph (A) until the procedures required under this
paragraph have been developed and implemented.
(2) Inclusion of information in the national crime
information center database.--Section 534(a) of title 28,
United States Code, is amended--
(A) in paragraph (3), by striking ``and'' at the end;
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States;
and''.
(d)
______

SA 1324. 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 149, strike line 22 and all that follows through
page 150, line 2.
On page 151, line 9, strike ``two additional two-year
periods'' and insert ``an indefinite number of subsequent 2-
year periods if the alien remains outside the United States
for the 12-month period immediately prior to each 2-year
period of admission''.
On page 151, strike lines 15 through 29 and insert the
following:
``(2) Family members.--A Y-1 nonimmigrant--
``(A) may not be accompanied by his or her spouse or other
dependants while in the United States under such status; and
``(B) may not sponsor a family member to enter the United
States through a `parent visitor visa' authorized under
section 214(s) of the Immigration and Nationality Act, as
added by section 506(b) of this Act.
______

SA 1325. 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 282, strike line 15 and all that follows through
``January 1, 2007'' on page 283, line 14, and insert the
following:
``(Z) subject to title VI of the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007, an alien
who--
``(i) is physically present in the United States, has
maintained continuous physical presence in the United States
since January 7, 2004, is employed, and seeks to continue
performing labor, services or education;
``(ii) is physically present in the United States, has
maintained continuous physical presence in the United States
since January 7, 2004, and such alien--

``(I) is the spouse or parent (65 years of age or older) of
an alien described in clause (i); or
``(II) was, within 2 years of the date on which the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007 was introduced in the Senate, the spouse of an alien who
was subsequently classified as a Z nonimmigrant under this
section, or is eligible for such classification, if--

``(aa) the termination of the relationship with such spouse
was connected to domestic violence; and
``(bb) the spouse has been battered or subjected to extreme
cruelty by the spouse or parent, who is a Z nonimmigrant; or
``(iii) is under 18 years of age at the time of application
for nonimmigrant status under this subparagraph, is
physically present in the United States, has maintained
continuous physical presence in the United States since May
1, 2005, and was born to or legally adopted by at least 1
parent who is at the time of application described in clause
(i) or (ii).''.
(c) Presence in the United States.--
(1) In general.--The alien shall establish that the alien
was not lawfully present in the United States on May 1, 2005

______

SA 1326. 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:

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

SEC. 6__. NUMERICAL LIMITATION.

Notwithstanding any other provision of this Act, not more
than 13,000,000 visas authorized to be issued under this
title may be issued to aliens described under section
101(a)(15)(Z) of the Immigration and Nationality Act, as
added by section 601 of this Act.
______

SA 1327. 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 302, line 34, strike ``(r)'' and insert the
following:
(r) Numerical Limitation.--Section 214(g) (8 U.S.C.
1184(g)), as amended by title IV, is further amended by
adding at the end the following:
``(13) Notwithstanding any provision of the Secure Borders,
Economic Opportunity, and Immigration Reform Act of 2007, not
more than 13,000,000 visas authorized to be issued under
title VI of such Act may be issued to aliens described under
section 101(a)(15)(Z).''.
(s)
______

SA 1328. 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 342, between lines 9 and 10, insert the following:

[[Page S7092]]

Subtitle D--Self-Sufficiency

SEC. 631. REQUIREMENT FOR GUARANTEE OF SELF-SUFFICIENCY.

(a) In General.--Title II (8 U.S.C. 1151 et seq.) is
amended by inserting after section 213A the following:

``SEC. 213B. REQUIREMENT FOR GUARANTEE OF SELF-SUFFICIENCY.

``(a) In General.--In addition to the eligibility
requirements under section 601(e) of the Secure Borders,
Economic Opportunity, and Immigration Reform Act of 2007, an
alien applying for Z nonimmigrant status under section 601 of
such Act shall submit a signed a guarantee of self-
sufficiency in accordance with this section.
``(b) Enforceability.--
``(1) In general.--No guarantee of self-sufficiency may be
accepted by the Secretary or by any consular officer to
establish that an alien is not excludable as a public charge
under section 212(a)(4) unless such guarantee is executed as
a contract--
``(A) which is legally enforceable against the guarantor of
self-sufficiency by the alien seeking immigration benefits,
the Federal Government, and by any State (or any political
subdivision of such State) providing any means-tested public
benefits program during the 10-year period beginning on the
date on which the alien last received any such immigration
benefit;
``(B) in which the guarantor of self-sufficiency agrees to
financially support the alien to prevent the alien from
becoming a public charge; and
``(C) in which the guarantor of self-sufficiency agrees to
submit to the jurisdiction of any Federal or State court for
the purpose of actions brought under subsection (e)(2).
``(2) Scope.--A contract under paragraph (1) shall be
enforceable with respect to means-tested public benefits
(other than the benefits described in subsection (g))
provided to the alien before the alien is naturalized as a
United States citizen under chapter 2 of title III.
``(c) Forms.--Not later than 90 days after the date of the
enactment of this section, the Secretary of Homeland
Security, in consultation with the Secretary of State and the
Secretary of Health and Human Services, shall develop a form
of guarantee of self-sufficiency that is consistent with the
provisions under this section.
``(d) Remedies.--
``(1) In general.--Remedies available to enforce a
guarantee of self-sufficiency under this section include--
``(A) any of the remedies described in section 3201, 3203,
3204, or 3205 of title 28, United States Code;
``(B) an order for specific performance and payment of
legal fees and other costs of collection; and
``(C) corresponding remedies available under State law.
``(2) Collection.--A Federal agency may seek to collect
amounts owed under this section in accordance with the
provisions of subchapter II of chapter 37 of title 31, United
States Code.
``(e) Notification of Change of Address.--
``(1) In general.--The guarantor of self-sufficiency shall
notify the Secretary and the State in which the guaranteed
alien is a resident not later than 30 days after any change
of address of the guarantor of self-sufficiency during the
period specified in subsection (b)(2).
``(2) Penalty.--Any person subject to the requirement of
paragraph (1) who fails to satisfy such requirement shall be
subject to a civil penalty of--
``(A) not less than $25,000 and not more than $50,000; or
``(B) if such failure occurs with knowledge that the alien
has received any means-tested public benefit, not less than
$50,000 or more than $100,000.
``(f) Reimbursement of Government Expenses.--
``(1) Request.--
``(A) In general.--Upon notification that a guaranteed
alien has received any benefit under any means-tested public
benefits program, the appropriate Federal, State, or local
official shall request reimbursement by the guarantor of
self-sufficiency equal to the amount of assistance received
by such alien.
``(B) Rulemaking.--The Secretary of Homeland Security, in
consultation with the Secretary of Health and Human Services,
shall prescribe such regulations as may be necessary to carry
out subparagraph (A).
``(2) Civil action.--If the appropriate Federal, State, or
local agency has not received a response from the guarantor
of self-sufficiency within 45 days after requesting
reimbursement, which indicates that such guarantor is willing
to commence payments, an action may be brought against the
guarantor of self-sufficiency to enforce the terms of the
guarantee of self-sufficiency.
``(3) Failure to comply with repayment terms.--If the
guarantor of self-sufficiency fails to comply with the
repayment terms established by such agency, the agency may,
not earlier than 60 days after such failure, bring an action
against the guarantor of self-sufficiency pursuant to the
affidavit of support.
``(4) Statute of limitations.--No cause of action may be
brought under this subsection later than 50 years after the
alien last received a benefit under any means-tested public
benefits program.
``(5) Collection agencies.--If a Federal, State, or local
agency requests reimbursement under this subsection from the
guarantor of self-sufficiency in the amount of assistance
provided, or brings an action against the guarantor of self-
sufficiency pursuant to the affidavit of support, the
appropriate agency may appoint or hire an individual or other
person to act on behalf of such agency acting under the
authority of law for purposes of collecting any moneys owed.
Nothing in this subsection shall preclude any appropriate
Federal, State, or local agency from directly requesting
reimbursement from a guarantor of self-sufficiency for the
amount of assistance provided, or from bringing an action
against a guarantor of self-sufficiency pursuant to an
affidavit of support.
``(g) Benefits Not Subject to Reimbursement.--A guarantor
shall not be liable under this section for the reimbursement
of any of the following benefits provided to a guaranteed
alien:
``(1) Emergency medical services under title XIX of the
Social Security Act (42 U.S.C. 1396 et seq.).
``(2) Short-term, non-cash, in-kind emergency disaster
relief.
``(3) Assistance or benefits under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.).
``(4) Assistance or benefits under the Child Nutrition Act
of 1966 (42 U.S.C. 1771 et seq.).
``(5) Public health assistance for immunizations with
respect to immunizable diseases and for testing and treatment
of symptoms of communicable diseases whether or not such
symptoms are caused by a communicable disease.
``(6) Payments for foster care and adoption assistance
under part B of title IV of the Social Security Act (42
U.S.C. 621 et seq.) for a child, but only if the foster or
adoptive parent or parents of such child are not otherwise
ineligible pursuant to section 4403 of this Act.
``(7) Programs, services, or assistance (including soup
kitchens, crisis counseling and intervention, and short-term
shelter) specified by the Attorney General, in the Attorney
General`s sole and unreviewable discretion after consultation
with appropriate Federal agencies and departments, which--'
``(A) deliver in-kind services at the community level,
including through public or private nonprofit agencies;
``(B) do not condition the provision of assistance, the
amount of assistance provided, or the cost of assistance
provided on the individual recipient's income or resources;
and
``(C) are necessary for the protection of life or safety.
``(8) Programs of student assistance under titles IV, V,
IX, and X of the Higher Education Act of 1965 (20 U.S.C. 1001
et seq.).
``(9) Benefits under the Head Start Act (42 U.S.C. 9831 et
seq.).
``(10) Means-tested programs under the Elementary and
Secondary Education Act of 1965 (Public Law 89-10).
``(11) Benefits under the Job Training Partnership Act
(Public Law 97-300).
``(h) Definitions.--In this section:
``(1) Guarantor of self-sufficiency.--The term `guarantor'
means an individual who--
``(A) seeks a benefit under title IV or VI of the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007, or under any amendment made under either such title;
``(B) is at least 18 years of age; and
``(C) is domiciled in any of the 50 States or in the
District of Columbia.
``(2) Means-tested public benefits program.--The term
`means-tested public benefits program' means a program of
public benefits (including cash, medical, housing, food
assistance, and social services) administered by the Federal
Government, a State, or a political subdivision of a State in
which the eligibility of an individual, household, or family
eligibility unit for benefits under the program or the amount
of such benefits is determined on the basis of income,
resources, or financial need of the individual, household, or
unit.''.
(b) Clerical Amendment.--The table of contents (8 U.S.C.
1101 et seq.) is amended by inserting after the item relating
to section 213A the following:

``Sec. 213B. Requirement for guarantee of self-sufficiency.''.
______

SA 1329. 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 339, line 38, strike ``not''.
______

SA 1330. 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 285, lines 19 through 21, strike ``(6)(B),
(6)(C)(i), (6)(C)(ii), (6)(D), (6)(F), (6)(G), (7), (9)(B),
(9)(C)(i)(I),'' and insert ``(6)(C)(i), (6)(C)(ii), (6)(D),
(6)(G), (7),''.
______

SA 1331. Mr. REID 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:

[[Page S7093]]

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

SEC. ___. EARNED INCOME TAX CREDIT.

Nothing is this Act, or the amendments made by this Act,
may be construed to modify any provision of the Internal
Revenue Code of 1986 which prohibits illegal aliens from
qualifying for the earned income tax credit under section 32
of such Code.
______

SA 1332. Mr. SANDERS (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 1348, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. CERTIFICATION REQUIREMENT.

(a) In General.--A petition by an employer for any visa
authorizing employment in the United States may not be
approved until the employer has provided written
certification, under penalty of perjury, to the Secretary of
Labor that--
(1) the employer has not provided a notice of a mass layoff
pursuant to the Worker Adjustment and Retraining Notification
Act (29 U.S.C. 2101 et seq.) during the 12-month period
immediately preceding the date on which the alien is to be
hired; and
(2) the employer does not intend to provide a notice of a
mass layoff pursuant to such Act.
(b) Effect of Mass Layoff.--If an employer provides a
notice of a mass layoff pursuant to such Act after a visa
described in subsection (a) has been approved, such visa
shall expire on the date that is 60 days after the date on
which such notice is provided.
(c) Exemption.--An employer shall be exempt from the
requirements under this section if the employer provides
written certification, under penalty of perjury, that the
total number of the employer's employees in the United States
will not be reduced as a result of a mass layoff.
______

SA 1303. Mr. KENNEDY 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 48, strike line 11 and all that follows through
page 51, line 37, and insert the following:

SEC. 204. INADMISSIBILITY AND DEPORTABILITY OF GANG MEMBERS.

(a) Definition of Criminal Gang.--Section 101(a) (8 U.S.C.
1101(a)) is amended by inserting after paragraph (51) the
following:
``(52)(A) The term `criminal gang' means an ongoing group,
club, organization, or association of 5 or more persons--
``(i) that has, as 1 of its primary purposes, the
commission of 1 or more of the criminal offenses described in
subparagraph (B); and
``(ii) the members of which engage, or have engaged within
the past 5 years, in a continuing series of offenses
described in subparagraph (B).
``(B) Offenses described in this subparagraph, whether in
violation of Federal or State law or in violation of the law
of a foreign country, regardless of whether charged, and
regardless of whether the conduct occurred before, on, or
after the date of the enactment of this paragraph, are--
``(i) a felony drug offense (as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802));
``(ii) a felony offense involving firearms or explosives,
including a violation of section 924(c), 924(h), or 931 of
title 18 (relating to purchase, ownership, or possession of
body armor by violent felons);
``(iii) an offense under section 274 (relating to bringing
in and harboring certain aliens), section 277 (relating to
aiding or assisting certain aliens to enter the United
States), or section 278 (relating to the importation of an
alien for immoral purpose);
``(iv) a felony crime of violence as defined in section 16
of title 18, United States Code, which is punishable by a
sentence of imprisonment of 5 years or more, including first
degree murder, arson, possession, brandishment, or discharge
of firearm in connection with crime of violence or drug
trafficking offense, use of a short-barreled or semi-
automatic weapons, use of a machine gun, murder of
individuals involved in aiding a Federal investigation,
kidnapping, bank robbery if death results or a hostage is
kidnapped, sexual exploitation and other abuse of children,
selling or buying of children, activities relating to
material involving the sexual exploitation of a minor,
activities relating to material constituting or containing
child pornography, or illegal transportation of a minor;
``(v) a crime involving obstruction of justice; tampering
with or retaliating against a witness, victim, or informant;
or burglary;
``(vi) any conduct punishable under sections 1028 and 1029
of title 18, United States Code (relating to fraud and
related activity in connection with identification documents
or access devices), sections 1581 through 1594 of such title
(relating to peonage, slavery and trafficking in persons),
section 1952 of such title (relating to interstate and
foreign travel or transportation in aid of racketeering
enterprises), section 1956 of such title (relating to the
laundering of monetary instruments), section 1957 of such
title (relating to engaging in monetary transactions in
property derived from specified unlawful activity), or
sections 2312 through 2315 of such title (relating to
interstate transportation of stolen motor vehicles or stolen
property); and
``(vii) a conspiracy to commit an offense described in
clause (i) through (vi).''.
(b) Inadmissibility.--Section 212(a)(2) (8 U.S.C.
1182(a)(2)) is amended--
(1) by redesignating subparagraph (F) as subparagraph (L);
and
(2) by inserting after subparagraph (E) the following:
``(F) Aliens associated with criminal gangs.--Unless the
Secretary of Homeland Security or the Attorney General waives
the application of this subparagraph, any alien who a
consular officer, the Attorney General, or the Secretary of
Homeland Security knows or has reason to believe participated
in a criminal gang (as defined in section 204(a)) knowing or
having reason to know that such participation promoted,
furthered, aided, or supported the illegal activity of the
gang, is inadmissible.''.
(c) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2))
is amended by adding at the end the following:
``(F) Aliens associated with criminal gangs.--Any alien, in
or admitted to the United States, who at any time has
participated in a criminal gang (as defined in section
204(a)), knowing or having reason to know that such
participation promoted, furthered, aided, or supported the
illegal activity of the gang is deportable. The Secretary of
Homeland Security or the Attorney General may waive the
application of this subparagraph.''.
(d) Temporary Protected Status.--Section 244 (8 U.S.C.
1254a) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (c)(2)(B)--
(A) in clause (i), by striking ``, or'' and inserting a
semicolon;
(B) in clause (ii), by striking the period at the end and
inserting ``; or''; and
(C) by adding at the end the following:
``(iii) the alien participates in, or at any time after
admission has participated in, the activities of a criminal
gang as defined in section 204(a).''; and
(3) in subsection (d)--
(A) in paragraph (2)--
(i) by striking ``Subject to paragraph (3), such'' and
inserting ``Such''; and
(ii) by striking ``(under paragraph (3))'';
(B) by striking paragraph (3); and
(C) by redesignating paragraph (4) as paragraph (3); and
(D) in paragraph (3), as redesignated, by adding at the end
the following: ``The Secretary of Homeland Security may
detain an alien provided temporary protected status under
this section whenever appropriate under any other
provision.''.
(e) Increased Penalties Barring the Admission of Convicted
Sex Offenders Failing to Register and Requiring Deportation
of Sex Offenders Failing to Register.--
(1) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C.
1182(a)(2)(A)(i)), as amended by section 209(a)(3), is
further amended--
(A) in subclause (II), by striking ``or'' at the end;
(B) in subclause (III), by striking the comma at the end
and inserting a semicolon; and
(C) by inserting after subclause (III) the following:

``(IV) a violation of section 2250 of title 18, United
States Code (relating to failure to register as a sex
offender); or''.

(2) Deportability.--Section 237(a)(2)(A)(i) (8 U.S.C.
1227(a)(2)(A)(i)) is amended--
(A) in subclause (I), by striking ``, and'' and inserting a
semicolon;
(B) in subclause (II), by striking the comma at the end and
inserting ``; or''; and
(C) by adding at the end the following:

``(III) a violation of section 2250 of title 18, United
States Code (relating to failure to register as a sex
offender).''.

(f) Precluding Admissibility of Aliens Convicted of Serious
Criminal Offenses and Domestic Violence, Stalking, Child
Abuse and Violation of Protection Orders.--
(1) Inadmissibility on criminal and related grounds;
waivers.--Section 212 (8 U.S.C. 1182) is amended--
(A) in subsection (a)(2), by adding at the end the
following:
``(J) Crimes of domestic violence, stalking, or violation
of protective orders; crimes against children.--
``(i) Domestic violence, stalking, and child abuse.--Any
alien who has been convicted of a crime of domestic violence,
a crime of stalking, or a crime of child abuse, child
neglect, or child abandonment, provided the alien served at
least 1 year's imprisonment for the crime or provided the
alien was convicted of or admitted to acts constituting more
than 1 such crime, not arising out of a single scheme of
criminal misconduct, 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

[[Page S7094]]

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 a protection order issued by a
court and whom the court determines has engaged in conduct
that constitutes criminal contempt of 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 an independent order in another proceeding.
``(iii) Applicability.--This subparagraph shall not apply
to an alien who has been battered or subjected to extreme
cruelty and who is not and was not the primary perpetrator of
violence in the relationship, upon a determination by the
Attorney General or the Secretary of Homeland Security that--

``(I) the alien was acting in self-defense;
``(II) the alien was found to have violated a protection
order intended to protect the alien; or
``(III) the alien committed, was arrested for, was
convicted of, or pled guilty to committing a crime that did
not result in serious bodily injury.''; and

(B) in subsection (h)--
(i) 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), (F), (J), and (K) of subsection
(a)(2)''; and
(ii) by inserting ``or Secretary of Homeland Security''
after ``the Attorney General'' each place it appears.
(2) Effective date.--The amendments made by this subsection
shall apply to any acts that occurred on or after the date of
the enactment of this Act.

SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO DRUNK
DRIVING, ILLEGAL ENTRY, PERJURY, AND FIREARMS
OFFENSES.

(a) Drunk Driving.--
(1) Inadmissibility.--Section 212(a)(2) (8 U.S.C.
1182(a)(2)) is amended by inserting after subparagraph (J),
as added by section 204(f) the following:
``(K) Drunk drivers.--Any alien who has been convicted of 1
felony for driving under the influence under Federal or State
law, for which the alien was sentenced to more than 1 year
imprisonment, is inadmissible.''.
(2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2))
is amended by adding at the end the following:
``(F) Drunk drivers.--Unless the Secretary of Homeland
Security or the Attorney General waives the application of
this subparagraph, any alien who has been convicted of 1
felony for driving under the influence under Federal or State
law, for which the alien was sentenced to more than 1 year
imprisonment, is deportable.''.
(3) Conforming amendment.--Section 212(h) (8 U.S.C.
1182(h)) is amended--
(A) in the subsection heading, by striking ``Subsection
(a)(2)(A)(i)(I), (II), (B), (D), and (E)'' and inserting
``Certain Provisions in Subsection (a)(2)''; and
(B) in the matter preceding paragraph (1), by striking
``and (E)'' and inserting ``(E), and (F)''.
(4) Effective date.--The amendments made by this subsection
shall take effect on the date of the enactment of this Act
and shall apply to convictions entered on or after such date.
(b) Illegal Entry.--
(1) In general.--Section 275 (8 U.S.C. 1325) is amended to
read as follows:

``SEC. 275. ILLEGAL ENTRY.

``(a) In General.--
``(1) Criminal offenses.--An alien shall be subject to the
penalties set forth in paragraph (2) if the alien--
``(A) knowingly enters or crosses the border into the
United States at any time or place other than as designated
by the Secretary of Homeland Security;
``(B) knowingly eludes examination or inspection by an
immigration officer (including failing to stop at the command
of such officer), or a customs or agriculture inspection at a
port of entry; or
``(C) knowingly enters or crosses the border to the United
States by means of a knowingly false or misleading
representation or the knowing concealment of a material fact
(including such representation or concealment in the context
of arrival, reporting, entry, or clearance requirements of
the customs laws, immigration laws, agriculture laws, or
shipping laws).
``(2) Criminal penalties.--Any alien who violates any
provision under paragraph (1)--
``(A) shall, for the first violation, be fined under title
18, United States Code, imprisoned not more than 6 months, or
both;
``(B) shall, for a second or subsequent violation, or
following an order of voluntary departure, be fined under
such title, imprisoned not more than 2 years, or both;
``(C) if the violation occurred after the alien had been
convicted of 3 or more misdemeanors or for a felony, shall be
fined under such title, imprisoned not more than 10 years, or
both;
``(D) if the violation occurred after the alien had been
convicted of a felony for which the alien received a term of
imprisonment of not less than 30 months, shall be fined under
such title, imprisoned not more than 15 years, or both; and
``(E) if the violation occurred after the alien had been
convicted of a felony for which the alien received a term of
imprisonment of not less than 60 months, such alien shall be
fined under such title, imprisoned not more than 20 years, or
both.
``(3) Prior convictions.--The prior convictions described
in subparagraphs (C) through (E) of paragraph (2) are
elements of the offenses described in that paragraph and the
penalties in such subparagraphs shall apply only in cases in
which the conviction or convictions that form the basis for
the additional penalty are--
``(A) alleged in the indictment or information; and
``(B) proven beyond a reasonable doubt at trial or admitted
by the defendant.
``(4) Duration of offense.--An offense under this
subsection continues until the alien is discovered within the
United States by an immigration officer.
``(5) Attempt.--Whoever attempts to commit any offense
under this section shall be punished in the same manner as
for a completion of such offense.
``(b) Improper Time or Place; Civil Penalties.--Any alien
who is apprehended while entering, attempting to enter, or
knowingly crossing or attempting to cross, the border to the
United States at a time or place other than as designated by
immigration officers shall be subject to a civil penalty, in
addition to any criminal or other civil penalties that may be
imposed under any other provision of law, in an amount equal
to--
``(1) not less than $50 and not more than $250 for each
such entry, crossing, attempted entry, or attempted crossing;
or
``(2) twice the amount specified in paragraph (1) if the
alien had previously been subject to a civil penalty under
this subsection.''.
(2) Clerical amendment.--The table of contents is amended
by striking the item relating to section 275 and inserting
the following:

``Sec. 275. Illegal entry.''.
(3) Effective date.--Section 275(a)(4) of the Immigration
and Nationality Act, as added by this Act, shall apply only
to violations of section 275(a)(1) committed on or after the
date of the enactment of this Act.
(c) 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 any
person) relating to an application for any benefit under the
immigration laws (including for Z non-immigrant 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.
(d) Increased Penalties Relating to Firearms Offenses.--
(1) Penalties related to removal.--Section 243 (8 U.S.C.
1253) is amended--
(A) in subsection (a)(1)--
(i) in the matter preceding subparagraph (A), by inserting
``212(a)'' or after ``section''; and
(ii) in the matter following subparagraph (D)--

(I) by striking ``or imprisoned not more than four years''
and inserting ``and imprisoned for not more than 5 years'';
and
(II) by striking ``, or both'';

(B) in subsection (b), by striking ``not more than $1000 or
imprisoned for not more than one year, or both'' and
inserting ``under title 18, United States Code, and
imprisoned for not more than 5 years (or for not more than 10
years if the alien is a member of any of the classes
described in paragraphs (1)(E), (2), (3), and (4) of section
237(a)).''; and
(2) Prohibiting carrying or using a firearm during and in
relation to an alien smuggling crime.--Section 924(c) of
title 18, United States Code, is amended--
(A) in paragraph (1)--
(i) in subparagraph (A), by inserting ``, alien smuggling
crime,'' after ``any crime of violence'';
(ii) in subparagraph (A), by inserting ``, alien smuggling
crime,'' after ``such crime of violence''; and
(iii) in subparagraph (D)(ii), by inserting ``, alien
smuggling crime,'' after ``crime of violence''; and
(B) by adding at the end the following:
``(6) For purposes of this subsection, the term `alien
smuggling crime' means any felony punishable under section
274(a), 277, or 278 of the Immigration and Nationality Act (8
U.S.C. 1324(a), 1327, and 1328).''.
(3) Inadmissibility for firearms offenses.--Section
212(a)(2)(A) (8 U.S.C. 1182(a)(2)(A)), as amended by sections
204(e) and 209(a)(3), is amended--
(A) in clause (i), by inserting after subclause (IV) the
following:

``(V) a crime involving the 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), provided the alien was sentenced to at least 1 year
for the offense,''; and

[[Page S7095]]

(B) in clause (ii), by striking ``Clause (i)(I)'' and
inserting ``Subclauses (I), (IV), and (V) of clause (i)''.

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