S.Amdt. 1453

TEXT OF AMENDMENTS

SA 1334. Mr. DOMENICI 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 218A of the
Immigration and Nationality Act (as added by section 402(a)),
add the following:
``(5) Requirement.--
``(A) In general.--For each calendar year in which Y
nonimmigrant visas are made available under this Act, the
Secretary of Homeland Security, in consultation with the
Secretary of Labor, shall reserve not less than 25 percent of
the quantity of Y nonimmigrant visas available for the
calendar year for use by business concerns, in accordance
with this paragraph.
``(B) Timeline.--Of the Y nonimmigrant visas reserved under
subparagraph (A), the Secretary shall ensure that--
``(i) for the period beginning on January 1 of the
applicable calendar year and ending on June 30 of that
calendar year, the visas are provided only to entities that
qualify as small businesses under the Small Business Act (15
U.S.C. 631 et seq.) (including regulations promulgated
pursuant to that Act); and
``(ii) for the period beginning on July 1 of the applicable
calendar year and ending on December 31 of that calendar
year, any remaining visas are provided to business concerns,
regardless of whether the business concerns qualify as small
businesses.''.

______

SA 1335. Mr. DOMENICI (for himself and Mr. Bingaman) 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. __. INCREASE IN FEDERAL JUDGESHIPS IN DISTRICTS WITH
LARGE NUMBERS OF CRIMINAL IMMIGRATION CASES.

(a) Findings.--Based on the recommendations made by the
2007 Judicial Conference and the statistical data provided by
the 2006 Federal Court Management Statistics (issued by the
Administrative Office of the United States Courts), the
Congress finds the following:
(1) Federal courts along the southwest border of the United
States have a greater percentage of their criminal caseload
affected by immigration cases than other Federal courts.
(2) The percentage of criminal immigration cases in most
southwest border district courts totals more than 49 percent
of the total criminal caseloads of those districts.
(3) The current number of judges authorized for those
courts is inadequate to handle the current caseload.
(4) Such an increase in the caseload of criminal
immigration filings requires a corresponding increase in the
number of Federal judgeships.
(5) The 2007 Judicial Conference recommended the addition
of judgeships to meet this growing burden.
(6) The Congress should authorize the additional district
court judges necessary to carry out the 2007 recommendations
of the Judicial Conference for district courts in which the
criminal immigration filings represented more than 49 percent
of all criminal filings for the 12-month period ending
September 30, 2006.
(b) Purpose.--The purpose of this section is to increase
the number of Federal judgeships, in accordance with the
recommendations of the 2007 Judicial Conference, in district
courts that have an extraordinarily high criminal immigration
caseload.
(c) Additional District Court Judgeships.--
(1) Permanent judgeships.--
(A) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(i) 4 additional district judges for the district of
Arizona;
(ii) 1 additional district judge for the district of New
Mexico;
(iii) 2 additional district judges for the southern
district of Texas; and
(iv) 1 additional district judge for the western district
of Texas.
(B) Conforming amendments.--In order that the table
contained in section 133(a) of

[[Page S7201]]

title 28, United States Code, reflect the number of
additional judges authorized under paragraph (1), such table
is amended--
(i) by striking the item relating to Arizona and inserting
the following:

``Arizona.........................................................16'';

(ii) by striking the item relating New Mexico and inserting
the following:
``New Mexico...................................................7''; and

(iii) by striking the item relating to Texas and inserting
the following:

``Texas:
Northern........................................................ 12
Southern........................................................ 21
Eastern.........................................................  7
Western.......................................................14''.

(2) Temporary judgeships.--
(A) In general.--The President shall appoint, by and with
the advice and consent of the Senate--
(i) 1 additional district judge for the district of
Arizona; and
(ii) 1 additional district judge for the district of New
Mexico.
(B) Vacancy.--For each of the judicial districts named in
this paragraph, the first vacancy arising on the district
court 10 years or more after a judge is first confirmed to
fill the temporary district judgeship created in that
district by this paragraph shall not be filled.
(d) Funding.--To carry out this section, the Director of
the Administrative Office of the United States Courts shall,
for each of fiscal years 2008 through 2012, allocate
$2,000,000 from the Administrative Office of the United
States Courts Salary & Expenses (Administrative Expenses)
account.

______

SA 1336. Ms. COLLINS submitted an amendment intended to be proposed
by her to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 242, between lines 39 and 40, insert the following:
(e) Documentation Requirement; Prohibition of
Outplacement.--Section 212(n)(1) (8 U.S.C. 1182(n)), as
amended by this section, is further amended--
(1) in subparagraph (A), by adding at the end the
following:
``(iii) will provide to the H-1B nonimmigrant--
``(I) a copy of each application filed on behalf of the
nonimmigrant under this section; and
``(II) documentation supporting each attestation, in
accordance with regulations promulgated by the Secretary of
Labor.''; and
(2) by adding at the end the following:
``(L) An H-1B nonimmigrant may not be stationed at the
worksite of an employer other than the petitioning employer
or its affiliate, subsidiary, or parent if the alien will be
controlled and supervised principally by such unaffiliated
employer or if the placement of the alien at the worksite of
the affiliated employer is essentially an arrangement to
provide labor for hire for the unaffiliated employer, rather
than a placement in connection with the provision of a
product or service for which specialized knowledge specific
to the petitioning employer is necessary.''.
(f) Fraud Assessment.--Not later than 30 days after the
date of the enactment of this Act, the Director of United
States Citizenship and Immigration Services shall submit to
Congress a fraud risk assessment of the H-1B visa program.
______

SA 1337. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the end of title VII, insert the following:

SEC. 711. USE OF PRIVATE LAND BY BORDER PATROL.

(a) Purpose.--The purpose of this section is to encourage
land owners to make land and water areas on their property
available to agents of the Federal Government to enforce the
immigration laws of the United States by limiting the
liability of land owners toward persons entering their
property for such purposes.
(b) Definitions.--In this section:
(1) Land.--The term ``land'' includes roads, water,
watercourses, and private ways, and buildings, structures,
machinery and equipment that is attached to real property.
(2) Owner.--The term ``owner'' includes the possessor of a
fee interest, a tenant, lessee, occupant, the possessor of
any other interest in land, or any person having a right to
grant permission to use the land.
(c) Powers of Immigration Officers and Employees.--Section
287(a)(3) of the Immigration and Nationality Act (8 U.S.C.
1357(a)(3)) is amended by striking ``twenty-five miles'' and
inserting ``100 miles''.
(d) Liability Limited for Actions of Law Enforcement
Officers.--
(1) In general.--Except as provided in paragraph (2), an
owner of land shall not liable for damages arising from an
act or omission of an officer of the Federal Government, or
any State or Federal law enforcement officer, who enters the
owner's property with or without the permission of the owner.
(2) Exception.--Paragraph (1) shall not apply to any act or
omission of the owner of land that results in damages if the
act or omission is not attributable to a law enforcement
officer.
______

SA 1338. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill S. 1348, to provider for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

Strike page 10, line 32 through page 11, line 11 and insert
the following:
``Section 236(a)(2) (8 USC 1226(a)(2)) is amended--
(1) by adding ``, and'' at the end of subsection (a)(3),
and
(2) by adding a new subsection (a)(4) that reads ``may not
provide the alien with release on bond or with conditional
parole if the alien is a national of a noncontiguous country,
has not been admitted or paroled into the United States, and
was apprehended within 100 miles of the international border
of the United States or presents a flight risk, as determined
by the secretary of Homeland Security.''
______

SA 1339. Mr. VITTER submitted an amendment intended to be proposed to
amendment SA 1150 proposed by Mr. Reid (for Mr. Kennedy (for himself
and Mr. Specter)) to the bill S. 1348, to provide for comprehensive
immigration reform and for other purposes; as follows:

On page 3, line 25 insert the following new subsection:
(6) The U.S. Visit System: The integrated entry and exit
data system required by 8 U.S.C. 1365a (Section 110 of the
Illegal Immigration Reform and Immigrant Responsibility Act
of 1996), which is already 17 months past its required
implementation date of December 21, 2005, has been fully
implemented and is functioning at every land, sea, and air
port of entry.
______

SA 1340. Mr. BROWN 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 167, after line 2, insert the following:
``(E) documenting that for a period of not less than 90
days before the date an application is filed under subsection
(a)(1), and for a period of 1 year after the date that such
application is filed, every comparable job opportunity
(including those in the same occupation for which an
application for a Y-1 worker is made, and all other job
opportunities for which comparable education, training, or
experience are required), that becomes available at the
employer is posted to the designated State employment service
agency, including a description of the wages and other terms
and conditions of employment and the minimum education,
training, experience and other requirements of the job, and
the designated State agency has been authorized--
``(i) to post all such job opportunities on the Internet
website established under section 414 of the Secure Borders,
Economic Opportunity and Immigration Reform Act of 2007, with
local job banks, and with unemployment agencies and other
referral and recruitment sources pertinent to the job
involved; and
``(ii) to notify labor organizations in the State in which
the job is located and, if applicable, the office of the
local union which represents the employees in the same or
substantially equivalent job classification of the job
opportunity.
The failure of an employer to document compliance with
subparagraph (E) shall result in the employer's ineligibility
to make a subsequent application under subsection (a)(1)
during the 1-year period following the initial application.
The Secretary of Labor shall routinely publicize the
requirement under subparagraph (E) in communications with
employers, and encourage State agencies to do so as well, to
help employers become aware of and comply with such
requirement in a timely manner.''.
______

SA 1341. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 66, between lines 9 and 10, insert the following:
(3) Changed country conditions.--Section 208(b) (8 U.S.C.
1158(b)) is amended by adding at the end the following:
``(4) Changed country conditions.--The Attorney General
shall accept and grant a motion filed not later than 6 months
after the date of the enactment of this paragraph for a
rehearing before an immigration judge for an application for
asylum or withholding of removal if the alien--
``(A) is a religious minority from Iraq or an ethnic
Albanian who fled Albania or the former Yugoslavia (Kosovo,
Montenegro, and Macedonia) whose claim was denied by an
immigration judge in whole or in part on the basis of changed
country conditions on or after March 1, 2003; and
``(B) remained in the United States as of the date of the
enactment of this paragraph.''.

[[Page S7202]]

______

SA 1342. Mr. LEVIN (for himself and Ms. Mikulski) 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 173, line 38, insert ``In this paragraph, the
county unemployment rate shall be determined, for seasonal
businesses, during the period in the preceding year when the
Y nonimmigrant would have been employed.'' after ``7
percent.''.
______

SA 1343. Mr. LEVIN (for himself, Mrs. Clinton, Mr. Tester, and Mr.
Schumer) submitted an amendment intended to be proposed by him to the
bill S. 1348, to provide for comprehensive immigration reform and for
other purposes; which was ordered to lie on the table; as follows:

On page 6, between lines 5 and 6, strike insert the
following:
(c) Sense of Congress.--It is the sense of Congress that
sufficient funds should be appropriated to allow the
Secretary to increase by 1,722 the number of full time border
patrol agents, immigration inspectors, and customs inspectors
at the northern border pursuant to authorizations under--
(1) section 402 of the USA PATRIOT Act of 2002 (Public Law
107-56);
(2) section 331 of the Trade Act of 2002 (Public Law 107-
210); and
(3) section 5202 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (Public Law 108-458), as amended by
subsection (b) of this section.
______

SA 1344. Mr. BYRD (for himself, Mr. Gregg, and Mr. Cochran) submitted
an amendment intended to be proposed by him to the bill S. 1348, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

At the end of title VI, insert the following:

SEC. __. SUPPLEMENTAL IMMIGRATION FEE.

(a) Authorization of Fee.--
(1) In general.--Subject to paragraph (2), any alien who
receives any immigration benefit under this title, or the
amendments made by this title, shall, before receiving such
benefit, pay a fee to the Secretary in an amount equal to
$500, in addition to other applicable fees and penalties
imposed under this title, or the amendments made by this
title.
(2) Fees contingent on appropriations.--No fee may be
collected under this section except to the extent that the
expenditure of the fee to pay the costs of activities and
services for which the fee is imposed, as described in
subsection (b), is provided for in advance in an
appropriations Act.
(b) Deposit and Expenditure of Fees.--
(1) Deposit.--Amounts collected under subsection (a) shall
be deposited as an offsetting collection in, and credited to,
the accounts providing appropriations--
(A) to carry out the apprehension and detention of any
alien who is inadmissible by reason of any offense described
in section 212(a) of the Immigration and Nationality Act;
(B) to carry out the apprehension and detention of any
alien who is deportable for any offense under section 237(a)
of such Act;
(C) to acquire border sensor and surveillance technology;
(D) for air and marine interdiction, operations,
maintenance, and procurement;
(E) for construction projects in support of the United
States Customs and Border Protection;
(F) to train Federal law enforcement personnel; and
(G) for employment eligibility verification.
(2) Availability of fees.--Amounts deposited under
paragraph (1) shall remain available until expended for the
activities and services described in paragraph (1).

______

SA 1345. Mrs. DOLE (for herself, Mr. Burr, and Mr. Grassley)
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 303, between lines 19 and 20, insert the following:
(s) Definition of Aggravated Felony and Additional Grounds
for Ineligibility for Z Nonimmigrant Status.--
(1) Aggravated felony.--Section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is
amended--
(A) by striking ``and'' at the end of subparagraph (T);
(B) by striking the period at the end of subparagraph (U)
and inserting ``; and'' and
(C) by adding at the end the following:
``(V) a second conviction for drunk driving, regardless of
the State in which the conviction occurred or whether the
offense is classified as a misdemeanor or a felony under
State law.''.
(2) Grounds for ineligibility.--In addition to the grounds
of ineligibility described in subsection (d)(1)(F), an alien
shall be ineligible for Z nonimmigrant status if the alien
has been convicted of drunk driving, regardless of the State
in which the conviction occurred or whether the offense is
classified as a misdemeanor or a felony under State law.
______

SA 1346. 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 VII, insert the following:

SEC. 711. INTERNATIONAL REGISTERED TRAVELER PROGRAM.

Section 7208(k)(3) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to
read as follows:
``(3) International registered traveler program.--
``(A) In general.--The Secretary of Homeland Security shall
establish an international registered traveler program that
incorporates available technologies, such as biometrics and
e-passports, and security threat assessments to expedite the
screening and processing of international travelers,
including United States Citizens and residents, who enter and
exit the United States. The program shall be coordinated with
the US-VISIT program, other pre-screening initiatives, and
the Visa Waiver Program within the Department of Homeland
Security.
``(B) Fees.--The Secretary may impose a fee for the program
established under subparagraph (A) and may modify such fee
from time to time. The fee may not exceed the aggregate costs
associated with the program and shall be credited to the
Department of Homeland Security for purposes of carrying out
the international registered traveler program. Amounts so
credited shall remain available until expended.
``(C) Rulemaking.--Within 180 days after the date of
enactment of the Secure Borders, Economic Opportunity and
Immigration Reform Act of 2007, the Secretary shall initiate
a rulemaking to establish the program, criteria for
participation, and the fee for the program.
``(D) Implementation.--Not later than 1 year after the date
of enactment of the Secure Borders, Economic Opportunity and
Immigration Reform Act of 2007, the Secretary shall establish
a phased-implementation of a biometric-based international
registered traveler program in conjunction with the US-VISIT
entry and exit system, other pre-screening initiatives, and
the Visa Waiver Program within the Department of Homeland
Security at United States airports with the highest volume of
international travelers.
``(E) Participation.--The Secretary shall ensure that the
international registered traveler program includes as many
participants as practicable by--
``(i) establishing a reasonable cost of enrollment;
``(ii) making program enrollment convenient and easily
accessible; and
``(iii) providing applicants with clear and consistent
eligibility guidelines.
``(F) Technologies.--The Secretary shall coordinate with
the Secretary of State to define a schedule for their
respective departments for the deployment of appropriate
technologies to begin capturing applicable and sufficient
biometrics from visa applicants and individuals seeking
admission to the United States, if such visa applicant or
individual has not previously provided such information, at
each consular location and port of entry. The Secretary of
Homeland Security shall also coordinate with the Secretary of
State regarding the feasibility of allowing visa applicants
or individuals to enroll in the International Registered
Traveler program at consular offices.''.

______

SA 1347. Mr. HATCH 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. __. ESTABLISHMENT OF AN ADDITIONAL UNITED STATES
ATTORNEY OFFICE AND AN ADDITIONAL IMMIGRATION
AND CUSTOMS ENFORCEMENT OFFICE.

(a) Establishment of a Satellite United States Attorney
Office in St. George, Utah.--The Attorney General, acting
through the United States Attorney for the District of Utah,
shall establish a satellite office under the jurisdiction of
the United States Attorney for the District of Utah in St.
George, Utah. One of the primary functions of the satellite
office shall be to prosecute and deter criminal activities
commonly involving illegal immigrants.
(b) Immigration and Customs Enforcement Office.--
(1) Establishment.--The Secretary, acting through the
Assistant Secretary of Homeland Security for United States
Immigration and Customs Enforcement, shall establish an
office under the jurisdiction of the Assistant Secretary
within the vicinity of the intersection U.S. Highway 191 and
U.S. Highway 491 to reduce the flow of illegal immigrants
into the interior of the United States.
(2) Staffing.--The office established under paragraph (1)
shall be staffed by 5 full-time employees, of whom--
(A) 3 shall work for the Office of Investigations; and
(B) 2 shall work for the Office of Detention and Removal
Operations.
(3) Other resources.--The Assistant Secretary shall provide
the office established

[[Page S7203]]

under paragraph (1) with the resources necessary to
accomplish the purposes of this subsection, including office
space, detention beds, and vehicles.
(4) Authorization of appropriations.--There are authorized
to be appropriated to carry out this subsection--
(A) $1,100,000 for fiscal year 2008; and
(B) such sums as may be necessary for each of the fiscal
years 2009 through 2012.
______

SA 1348. Mr. VOINOVICH 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 4, strike line 1 and insert the following:
(e) Additional Consultation.--Notwithstanding subsection
(a), the certification by the Secretary of Homeland Security
under subsection (a) shall be prepared in consultation with
the Comptroller General, the Committee on the Judiciary and
the Committee on Homeland Security and Governmental Affairs
of the Senate, and the Committee on the Judiciary and the
Committee on Homeland Security of the House of
Representatives.

TITLE I--BORDER ENFORCEMENT

______

SA 1349. Mr. VOINOVICH 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 4, strike line 1 and insert the following:
(e) Additional Consultation.--Notwithstanding subsection
(a), the certification by the Secretary of Homeland Security
under subsection (a) shall be prepared--
(1) based on analysis by the Comptroller General; and
(2) in consultation with the Comptroller General, the
Committee on the Judiciary and the Committee on Homeland
Security and Governmental Affairs of the Senate, and the
Committee on the Judiciary and the Committee on Homeland
Security of the House of Representatives.

TITLE I--BORDER ENFORCEMENT

______

SA 1350. Mr. SPECTER (for himself and Mrs. Feinstein) submitted an
amendment intended to be proposed by him to the bill S. 1348, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

TITLE __--BOARD OF IMMIGRATION APPEALS AND IMMIGRATION JUDGES

SEC. __01. BOARD OF IMMIGRATION APPEALS.

(a) Composition and Appointment.--Notwithstanding any other
provision of law, the Board of Immigration Appeals of the
Department of Justice (referred to in this title as the
``Board''), shall be composed of a Chair and 22 other
immigration appeals judges, who shall be appointed by the
Attorney General. Upon the expiration of a term of office, a
Board member may continue to act until a successor has been
appointed and qualified.
(b) Qualifications.--Each member of the Board, including
the Chair, shall--
(1) be an attorney in good standing of a bar of a State or
the District of Columbia;
(2) have at least--
(A) 7 years of professional, legal expertise; or
(B) 5 years of professional, legal expertise in immigration
and nationality law; and
(3) meet the minimum appointment requirements of an
administrative law judge under title 5, United States Code.
(c) Duties of the Chair.--The Chair of the Board, subject
to the supervision of the Director of the Executive Office
for Immigration Review, shall--
(1) be responsible, on behalf of the Board, for the
administrative operations of the Board and shall have the
power to appoint such administrative assistants, attorneys,
clerks, and other personnel as may be needed for that
purpose;
(2) direct, supervise, and establish internal operating
procedures and policies of the Board;
(3) designate a member of the Board to act as Chair if the
Chair is absent or unavailable;
(4) adjudicate cases as a member of the Board;
(5) form 3-member panels as provided by subsection (g);
(6) direct that a case be heard en banc as provided by
subsection (h); and
(7) exercise such other authorities as the Director may
provide.
(d) Board Member Duties.--In deciding a case before the
Board, the Board--
(1) shall exercise independent judgment and discretion; and
(2) may take any action that is appropriate and necessary
for the disposition of such case that is consistent with the
authority provided in this section and any regulations
established in accordance with this section.
(e) Jurisdiction.--
(1) In general.--The Board shall have jurisdiction to hear
appeals described in section 1003.1(b) of title 8, Code of
Federal Regulations (or any corresponding similar
regulation).
(2) Limitation.--The Board shall not have jurisdiction to
hear an appeal of a decision of an immigration judge for an
order of removal entered in absentia.
(f) Scope of Review.--
(1) Findings of fact.--The Board shall--
(A) accept findings of fact determined by an immigration
judge, including findings as to the credibility of testimony,
unless the findings are clearly erroneous; and
(B) give due deference to an immigration judge's
application of the law to the facts.
(2) Questions of law.--The Board shall review de novo
questions of law, discretion, and judgment, and all other
issues in appeals from decisions of immigration judges.
(3) Appeals from officer's decisions.--
(A) Standards of review.--The Board shall review de novo
all questions arising in appeals from decisions issued by
officers of the Department.
(B) Prohibition of fact finding.--Except for taking
administrative notice of commonly known facts such as current
events or the contents of official documents, the Board may
not engage in fact-finding in the course of deciding appeals.
(C) Remand.--A party asserting that the Board cannot
properly resolve an appeal without further fact-finding shall
file a motion for remand. If further fact-finding is needed
in a case, the Board shall remand the proceeding to the
immigration judge or, as appropriate, to the Secretary.
(g) Panels.--
(1) In general.--Except as provided in paragraph (5) all
cases shall be subject to review by a 3-member panel. The
Chair shall divide the Board into 3-member panels and
designate a presiding member.
(2) Authority.--Each panel may exercise the appropriate
authority of the Board that is necessary for the adjudication
of cases before the Board.
(3) Quorum.--Two members appointed to a panel shall
constitute a quorum for such panel.
(4) Changes in composition.--The Chair may from time to
time make changes in the composition of a panel and of the
presiding member of a panel.
(5) Presiding member decisions.--The presiding member of a
panel may act alone on any motion as provided in paragraphs
(2) and (3) of subsection (i) and may not otherwise dismiss
or determine an appeal as a single Board member.
(h) En Banc Process.--
(1) In general.--The Board may on its own motion, by a
majority vote of the Board members, or by direction of the
Chair--
(A) consider any case as the full Board en banc; or
(B) reconsider as the full Board en banc any case that has
been considered or decided by a 3-member panel or by a
limited en banc panel.
(2) Quorum.--A majority of the Board members shall
constitute a quorum of the Board sitting en banc.
(i) Decisions of the Board.--
(1) Affirmance without opinion.--Upon individualized review
of a case, the Board may affirm the decision of an
immigration judge without opinion only if--
(A) the decision of the immigration judge resolved all
issues in the case;
(B) the issue on appeal is squarely controlled by existing
Board or Federal court precedent and does not involve the
application of precedent to a novel fact situation;
(C) the factual and legal questions raised on appeal are so
insubstantial that the case does not warrant the issuance of
a written opinion in the case; and
(D) the Board approves both the result reached in the
decision below and all of the reasoning of that decision.
(2) Summary dismissal of appeals.--The 3-member panel or
the presiding member acting alone may summarily dismiss any
appeal or portion of any appeal in any case which--
(A) the party seeking the appeal fails to specify the
reasons for the appeal;
(B) the only reason for the appeal specified by such party
involves a finding of fact or a conclusion of law that was
conceded by that party at a prior proceeding;
(C) the appeal is from an order that granted such party the
relief that had been requested;
(D) the appeal is determined to be filed for an improper
purpose, such as to cause unnecessary delay; or
(E) the appeal lacks an arguable basis in fact or in law
and is not supported by a good faith argument for extension,
modification, or reversal of existing law.
(3) Unopposed dispositions.--The 3-member panel or the
presiding member acting alone may--
(A) grant an unopposed motion or a motion to withdraw an
appeal pending before the Board; or
(B) adjudicate a motion to remand any appeal--
(i) from the decision of an officer of the Department if
the appropriate official of the Department requests that the
matter be remanded back for further consideration;
(ii) if remand is required because of a defective or
missing transcript; or
(iii) if remand is required for any other procedural or
ministerial issue.
(4) Notice of right to appeal.--The decision by the Board
shall include notice to the alien of the alien's right to
file a petition for review in a United States Court of
Appeals

[[Page S7204]]

not later than 30 days after the date of the decision.

SEC. __02. IMMIGRATION JUDGES.

(a) Appointment of Immigration Judges.--
(1) In general.--The Chief Immigration Judge (as described
in section 1003.9 of title 8, Code of Federal Regulations, or
any corresponding similar regulation) and other immigration
judges shall be appointed by the Attorney General. Upon the
expiration of a term of office, the immigration judge may
continue to act until a successor has been appointed and
qualified.
(2) Qualifications.--Each immigration judge, including the
Chief Immigration Judge, shall be an attorney in good
standing of a bar of a State or the District of Columbia and
shall have at least 5 years of professional, legal expertise
or at least 3 years professional or legal expertise in
immigration and nationality law.
(b) Jurisdiction.--An Immigration judge shall have the
authority to hear matters related to any removal proceeding
pursuant to section 240 of the Immigration and Nationality
Act (8 U.S.C. 1229a) described in section 1240.1(a) of title
8, Code of Federal Regulations (or any corresponding similar
regulation).
(c) Duties of Immigration Judges.--In deciding a case, an
immigration judge--
(1) shall exercise independent judgment and discretion; and
(2) may take any action that is appropriate and necessary
for the disposition of such case that is consistent with
their authorities under this section and regulations
established in accordance with this section.
(d) Review.--Decisions of immigration judges are subject to
review by the Board of Immigration Appeals in any case in
which the Board has jurisdiction.

SEC. __03. REMOVAL AND REVIEW OF JUDGES.

No immigration judge or member of the Board may be removed
or otherwise subject to disciplinary or adverse action for
their exercise of independent judgment and discretion as
prescribed by this title.

SEC. __04. REGULATIONS.

Not later than 180 days after the date of the enactment of
this Act, the Attorney General shall issue regulations to
implement this title.

SEC. __05. SENIOR JUDGE PARTICIPATION.

(a) In General.--Section 296 of title 28, United States
Code, is amended by inserting at the end of the second
undesignated paragraph the following new sentence: ``However,
a judge who has retired from regular active service under
section 371(b) of this title, when designated and assigned to
the court to which such judge was appointed, shall have all
the powers of a judge of that court, including participation
in appointment of court officers and magistrate judges,
rulemaking, governance, and administrative matters.''.
(b) Senior Judges.--Section 631(a) of title 28, United
States Code, is amended by striking ``Northern Mariana
Islands'' the first place it appears and inserting ``Northern
Mariana Islands (including any judge in regular active
service and any judge who has retired from regular active
service under section 371(b) of this title, when designated
and assigned to the court to which such judge was
appointed)''.

______

SA 1351. Mr. KYL 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 277, line 25, strike ``$1,000'' and insert
``$2,500''.
______

SA 1352. Mr. KYL 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 286, beginning on line 4, strike all through line
10, and insert the following:
(iii) for humanitarian purposes, to ensure family unity, or
if such waiver is otherwise in the public interest, the
Secretary may, in the Secretary's discretion, waive the
application of paragraphs (1)(C), (2)(D)(i) (when the alien
demonstrates that such actions or activities were committed
involuntarily), (5)(A), (6)(A) (with respect to entries
occurring before January 1, 2007), (6)(C)(ii), (6)(D),
(6)(F), (6)(G), (7), (9)(B), (9)(C)(i)(I), and (10)(B) of
section 212(a) of the Immigration and Nationality Act; and
______

SA 1353. Mr. KYL 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 274, beginning on line 8, strike ``or the
beneficiary that cannot be relieved by temporary visits as a
nonimmigrant''.
______

SA 1354. Mr. KYL 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 100, line 24, strike ``may'' and insert ``shall''.
______

SA 1355. Mr. KYL 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 269, line 18, strike ``child or''.
______

SA 1356. Mr. KYL 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 89, line 33, insert ``documents described in
section 218A(m) of the Immigration and Nationality Act, as
added by section 402 of this Act, and 601(j) of this Act,''
after ``permanent resident card,''
______

SA 1357. Mr. KYL 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:

Beginning on page 154, strike line 23 and all that follows
through page 155, line 8, and insert the following:
``(2) Exception.--The Secretary of Homeland Security may
waive the termination of the period of authorized admission
of an alien who is a Y nonimmigrant for unemployment under
paragraph (1)(D) if the alien submits to the Secretary an
attestation under penalty of perjury in a form prescribed by
the Secretary, with supporting documentation, that
establishes that such unemployment was the result of--
``(A) a period of physical or mental disability of the
alien or the spouse, son, daughter, or parent (as defined in
section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611)) of the alien;
``(B) a period of vacation, medical leave, maternity leave,
or similar leave from employment authorized by Federal or
State law or by a policy of the alien's employer; or
``(C) any other period of temporary unemployment that is
the direct result of a force majeure event.
``(3) Return to foreign residence.--An alien who is a Y
nonimmigrant whose period of authorized admission terminates
under paragraph (1) shall depart the United States
immediately.
``(k) Registration of Departure.--
``(1) In general.--An alien who is a Y nonimmigrant whose
period of authorized admission has expired under subsection
(i), or whose period of authorized admission terminates under
subsection (j), shall register the departure of such alien at
a designated port of departure in a manner to be prescribed
by the Secretary of Homeland Security.
``(2) Effect of failure to depart.--In the event an alien
described in paragraph (1) fails to depart the United States
or to register such departure as required by subsection
(j)(3), the Secretary of Homeland Security shall take
immediate action to determine the location of the alien and,
if the alien is located in the United States, to remove the
alien from the United States.
``(3) Invalidation of documentation.--Any documentation
issued by the Secretary of Homeland Security under subsection
(m) to an alien described in paragraph (1) shall be invalid
for any purpose except the departure of the alien on and
after the date on which the period of authorized admission of
such alien terminates.''.
______

SA 1358. Mr. KYL 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:

Beginning on page 262, strike line 34 and all that follows
through page 264, line 24, and insert the following:
``(A) The merit-based evaluation system shall consist of
the following criteria and weights:

------------------------------------------------------------------------
Maximum
Category                       Description               points
------------------------------------------------------------------------
``Employment              ....................................        47
Occupation                U.S. employment in specialty
occupation
(as defined by the Department of
Labor)--20 pts
U.S. employment in high demand
occupation (the 30 occupations that
have grown the most in the
preceding 10-year period, as
determined by the Bureau of Labor
Statistics)--16 pts
National interest/        U.S. employment in STEM or health
critical infrastructure   occupation, current for at least 1
year--8 pts (extraordinary or
ordinary)
Employer endorsement      A U.S. employer willing to pay 50%
of a legal permanent resident's
application fee either 1) offers a
job, or (2) attests for a current
employee--6 pts
Experience                Years of work for U.S. firm--2 pts/
year
(max 10 points)
Age of worker             Worker's age: 25-39--3 pts
------------------------------------------------------------------------

[[Page S7205]]

``Education               M.D., M.B.A., Graduate degree, etc.--       28
(terminal degree)          20 pts
Bachelor's Degree--16 pts
Associate's Degree--10 pts
High school diploma or GED--6 pts
Completed certified Perkins
Vocational Education program--5 pts
Completed Department of Labor
Registered Apprenticeship--8 pts
STEM, associates and above--8 pts
------------------------------------------------------------------------
``English and civics      Native speaker of English or                15
TOEFL score of 75 or higher--15 pts
TOEFL score of 60-74--10 pts
Pass USCIS Citizenship Tests in
English & Civics--6 pts
------------------------------------------------------------------------
``Extended family         Adult (21 or older) son or daughter         10
(Applied if threshold     of United States citizen--8 pts
of 55 in above
categories)
Adult (21 or older) son or daughter
of a legal permanent resident--6
pts
Sibling of United States citizen or
LPR--4 pts
If had applied for a family visa in
any of the above categories after
May 1, 2005--2 pts
------------------------------------------------------------------------
``Total                   ....................................       100
Supplemental schedule
for Zs
Agriculture National      Worked in agriculture for 3 years,          25
Interest                  150 days per year-21 pts
Worked in agriculture for 4 years
(150 days for 3 years, 100 days for
1 year)-23 pts
Worked in agriculture for 5 years,
100 days per year-25 pts
U.S. employment           Year of lawful employment-1 pt              15
experience
Home ownership            Own place of residence-1 pt/year             5
owned
Medical insurance         Current medical insurance for entire         5
family
------------------------------------------------------------------------

``(B) The Secretary of Homeland Security, after
consultation with the Secretary of Commerce and the Secretary
of Labor, shall establish procedures to adjudicate petitions
filed pursuant to the merit-based evaluation system. The
Secretary may establish a time period in a fiscal year in
which such petitions must be submitted.
``(C) The Standing Commission on Immigration and Labor
Markets, established pursuant to section 412 of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007, shall submit recommendations to Congress to ensure that
the merit-based evaluation system corresponds to the current
needs of the United States economy and the national
interest.''.
______

SA 1359. Mr. KYL 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 246, between lines 15 and 16, at the following:
``(G) As used in this section, all references to Test of
English as a Foreign Language (TOEFL) scores are based on the
TOEFL internet-based test scoring scale of 0-120. Applicants
using a TOEFL computer-based test or paper-based test, both
of which have different scoring scales, must achieve
comparable test scores as follows:
``(i) To be awarded 10 points on the merit-based evaluation
system, an applicant must achieve a TOEFL internet-based test
score of 60 to 74, a TOEFL computer-based test score of 170
to 203, or a TOEFL paper-based test score of 497 to 537.
``(ii) To be awarded 15 points on the merit-based
evaluation system, an applicant must achieve a TOEFL
internet-based test score of 75 or higher, a TOEFL computer-
based test score greater than 203, or a TOEFL paper-based
test score greater than 537.''.
______

SA 1360. Mr. KYL submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
Strike subsection (f) of section 218A of the Immigration
and Nationality Act, as added by section 402.
______

SA 1361. Mr. KYL 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 4, strike lines 12 through 26, and insert the
following:
(2) Smuggling investigators and ice personnel.--
(A) Smuggling personnel.--During each of the fiscal years
2008 through 2012, the Secretary of Homeland Security shall,
subject to the availability of appropriations, increase by
not less than 200 the number of positions for personnel
within the Department assigned to investigate alien
smuggling.
(B) Increase in full-time united states immigration and
customs enforcement personnel.--
(i) In general.--In each of the fiscal years 2008 through
2011, the Secretary of Homeland Security shall increase by
not less than 1,250 the number of positions for full-time
active duty forensic auditors, intelligence research
specialists, agents, officers, and investigators in the
United States Immigration and Customs Enforcement to carry
out the removal of aliens who are not admissible to, or are
subject to removal from, the United States, to investigate
immigration fraud, and to enforce workplace violations.
(ii) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this subparagraph.
(C) Conforming amendment.--Section 5203 of the Intelligence
Reform and Terrorism Protection Act of 2004 (Public Law 108-
458; 118 Stat. 3734) is repealed.
On page 140, beginning on line 4, strike ``In each of the
five years beginning on the date of the enactment of this
Act, the appropriations necessary to increase to a level not
less than 4500'' and insert the following: ``In each of the
two years beginning on the date of the enactment of this Act,
the appropriations necessary to hire not less than 2500 a
year''.
______

SA 1362. Mr. KYL 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 310, line 27, insert ``within 2 years of the date
of such denial, termination, or rescission of status, and
only'' after ``only''.
______

SA 1363. Mr. STEVENS 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. __. ACCESS TO IMMIGRATION SERVICES IN AREAS THAT ARE NOT
ACCESSIBLE BY ROAD.

Notwithstanding any other provision of law, the Secretary
shall permit an employee of U.S. Customs and Border
Protection or U.S. Immigration and Customs Enforcement who
carries out the functions of U.S. Customs and Border
Protection or U.S. Immigration and Customs Enforcement in a
geographic area that is not accessible by road to carry out
any function that was performed by an employee of the
Immigration and Naturalization Service in such area prior to
the date of the enactment of the Homeland Security Act of
2002 (6 U.S.C. 101 et seq.).
______

SA 1364. Mr. STEVENS 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. __. ESTABLISHMENT OF A CITIZENSHIP AND IMMIGRATION
SERVICES OFFICE IN FAIRBANKS, ALASKA.

(a) In General.--The Secretary, acting through the Director
for United States Citizenship and Immigration Services, shall
establish an office under the jurisdiction of the Director in
Fairbanks, Alaska, to provide citizenship and immigration
services.
(b) Authorization of Appropriations.--There are authorized
to be appropriated for each fiscal such sums as may be
necessary to carry out this section.
______

SA 1365. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the end of section 1, insert the following:
(e) Agreement of Border Governors.--The programs described
in subsection (a) shall not become effective until at least 3
of the 4 governors of the States that share a land border
with Mexico agree that the border security and other measures
described in subsection (a) are established, funded, and
operational.
(f) Defined Term.--In this section, the term ``operational
control'' means the prevention of all unlawful entries into
the United States, including entries by terrorists, other
unlawful aliens, instruments of terrorism, narcotics, and
other contraband.
______

SA 1366. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform

[[Page S7206]]

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

At the appropriate place, insert the following:

SEC. __. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON ENGLISH
PROFICIENCY.

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

SA 1367. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the end of title 1, insert the following:
(e) Effective Date.--
(1) In general.--Notwithstanding subsection (a), the
programs established under title VI that grant legal status
to any individual or that adjust the current status of any
individual who is unlawfully present in the United States to
that of an alien lawfully admitted for permanent residence
shall become effective on the earlier of--
(A) the date on which the Secretary submits a written
certification to the President and Congress in accordance
with subsection (a); or
(B) the date that is 3 years after the date of the
enactment of this Act.
(2) Presidential waiver.--The President may waive the
application of paragraph (1) for national security purposes.
______

SA 1368. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

Section 601(m)(1)(B) is amended--
(1) by redesignating clauses (i) through (iv) as subclauses
(I) through (IV), respectively, and indenting the subclauses
appropriately; and
(2) by striking the matter preceding subclause (I) (as so
redesignated) and inserting the following:
``(B) Period of employment required.--
``(i) Applicability.--Any requirement of this title
relating to employment or the seeking of employment by an
alien shall not apply to any alien who is--

``(I) under the age of 16 years; or
``(II) over the age of 65 years.

``(ii) Requirement.--Subject to clause (i), each Z-1 or Z-3
nonimmigrant shall remain employed for not less than 150
total days during each applicable calendar year, except in a
case in which--''.
______

SA 1369. Mr. GRASSLEY (for himself and Mr. Cornyn) submitted an
amendment intended to be proposed by him to the bill S. 1348, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

At the end of the subsection (a) of section 1, add the
following:
(6) STAFF ENHANCEMENTS FOR CITIZENSHIP AND IMMIGRATION
SERVICES: The United States Citizenship and Immigration
Services has hired and trained 300 additional adjudicators.
On page 3, line 33, strike ``(5)'' and insert ``(6)''.
______

SA 1370. 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 title VII, add the following:

SEC. 714. H-1B VISA EMPLOYER FEE.

(a) In General.--Section 214(c)(15)(C), as added by section
713 of this Act, is amended to read as follows:
``(C) Of the amounts collected under this paragraph--
``(i) 14.38 percent shall be deposited in the Treasury in
accordance with section 286(y); and
``(ii) 85.72 percent shall be deposited in the Treasury in
accordance with section 286(z).''.
(b) Use of Additional Fee.--Section 286 (8 U.S.C. 1356) is
amended--
(1) by redesignating subsection (x), as added by section
712, as subsection (z); and
(2) by inserting after subsection (x), as added by section
402(b), the following:
``(y) Gifted and Talented Students Education Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the `Gifted and Talented Students Education Account'.
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account 14.38
percent of the fees collected under section 214(c)(15).
``(2) Use of fees.--Amounts deposited into the account
established under paragraph (1) shall remain available to the
Secretary of Education until expended for programs and
projects authorized under the Jacob K. Javits Gifted and
Talented Students Education Act of 2001 (20 U.S.C. 7253 et
seq.).''.
______

SA 1371. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

In section 602(a), strike paragraph (6).
______

SA 1372. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

In section 602(a), strike paragraph (6).
In section 214A(h) of the Immigration and Nationality Act,
as added by section 622(b), strike paragraph (2).
______

SA 1373. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

In section 214A(h) of the Immigration and Nationality Act,
as added by section 622(b), strike paragraph (2).
______

SA 1374. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 1150 proposed by Mr. Reid (for Mr. Kennedy (for himself
and Mr. Specter)) to the bill S. 1348, to provide for comprehensive
immigration reform and for other purposes; as follows:

Beginning on page 262, strike line 36 and all that follows
through page 264, line 1, and insert the following:

[[Page S7207]]

------------------------------------------------------------------------
Category               Description               Maximum points
------------------------------------------------------------------------
Employment         ............................  66
Occupation         U.S. employment in specialty
occupation
(as defined by the
Department of Labor)-35 pts
Honorable Service within any
branch of the United States
Armed Services for (1) 4
years with an honorable
discharge, or (2) any
period of time pursuant to
a medical discharge-35 pts
U.S. employment in STEM or
health occupation, current
for at least 1 year
(extraordinary or ordinary)-
35 pts
Employer           A U.S. employer willing to
endorsement        pay 50% of a legal
permanent resident's
application fee either 1)
offers a job, or 2) attests
for a current employee-23
pts
U.S. employment in high
demand occupation (the 30
occupations that have grown
the most in the preceding
10-year period, as
determined by the Bureau of
Labor Statistics)-21 pts
------------------------------------------------------------------------
U.S. employment    Years of lawful employment
experience         for a U.S. employer (in the
case of agricultural
employment, 100 days of
work per year constitutes 1
year)-5 pts/year
(max 30 pts)
------------------------------------------------------------------------
Age of worker      Worker's age: 25-39-18 pts
------------------------------------------------------------------------
Education          Graduate degree in a STEM     50
(terminal degree)   field (including the health
sciences).-50 pts
Graduate degree in a non-
STEM field-34 pts
Bachelor's degree in a STEM
field (including the health
sciences)-40 pts
Bachelor's degree in a non-
STEM field-32 pts
Associate's degree in a STEM
field (including health
sciences)-30 pts
Associate's degree in a non-
STEM field-25 pts
Completed certified
Department of Labor
registered apprenticeship-
23 pts
High school diploma or GED-
21 pts
Completed certified Perkins
vocational education
program-20 pts
------------------------------------------------------------------------
English and        Native speaker of English or  30
civics            TOEFL score of 100 or higher-
30 pts
TOEFL score of 90-99-25 pts
Pass USCIS Citizenship Tests
in English & Civics-21 pts
------------------------------------------------------------------------
Home ownership     Sole owner of place of        24
residence-8 pts per year of
ownership
------------------------------------------------------------------------
Medical insurance  Current private medical       30
insurance for entire family-
10 pts per year held
------------------------------------------------------------------------
Total              ............................  200
------------------------------------------------------------------------

______

SA 1375. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

Beginning on page 261, strike line 26 and all that follows
through page 262, line 8.
On page 264, in the table preceding line 1, strike the
items relating to supplemental schedule for Zs.
On page 272, strike lines 16 through 39.
______

SA 1376. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 272, strike lines 16 through 39.
______

SA 1377. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

Beginning on page 261, strike line 26 and all that follows
through page 262, line 8.
______

SA 1378. Mr. ENSIGN (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:

On page 302, line 34, strike ``(r) Definitions-'' and
insert the following:
(r) Eligibility to Enlist in the United States Armed
Forces.--Notwithstanding section 504(b) of title 10, United
States Code, an alien who receives Z nonimmigrant status
shall be eligible to enlist in the United States Armed
Forces.
(s) Definitions.--
______

SA 1379. Mr. CRAIG 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 218E of the Immigration and
Nationality Act, as added by section 404, insert the
following:
``(i) Special Rules for Aliens Employed as Sheepherders or
Goat Herders.--Notwithstanding any other provision of this
Act, an alien admitted under section 101(a)(15)(H)(ii)(a) for
employment as a sheepherder or goat herder--
``(1) may be admitted for a period of up to 3 years;
``(2) shall be subject to readmission; and
``(3) shall not be subject to the requirements of
subsection (h)(4).''.
______

SA 1380. 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) Staff enhancements for interior enforcement.--The
Assistant Secretary for Immigration and Customs Enforcement
has hired not less than 2,000 additional special agents to do
investigations, to include work enforcement.
On page 3, line 33, strike ``(5)'' and insert ``(6)''.
______

SA 1381. Mr. NELSON of Florida 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. __. RELIEF FOR WIDOWS AND ORPHANS.

(a) Transition Period.--
(1) In general.--In applying section 201(b)(2)(B) of the
Immigration and Nationality Act, as amended by this Act, to
an alien whose citizen relative died before the date of the
enactment of this Act, the alien relative may file a petition
under section 204(a)(1)(A)(ii) of such Act not later than 2
years after the date of the enactment of this Act.
(2) Parole; adjustment of status.--If the alien was
excluded, deported, removed, or departed voluntarily before
the date of the enactment of this Act based solely upon the
alien's lack of classification as an immediate relative due
to the citizen relative's death--
(A) such alien may be paroled into the United States
pursuant to section 212(d)(5); and
(B) notwithstanding section 212(a)(9) of such Act, such
alien's application for adjustment of status shall be
considered by the Secretary.
(b) Adjustment of Status.--Section 245 (8 U.S.C. 1255) is
amended by adding at the end the following:
``(n) Applications for Adjustment of Status by Surviving
Spouse and Children.--
``(1) In general.--Any alien described in paragraph (2) who
applied for adjustment of status before the death of the
qualifying relative, may have such application adjudicated as
if such death had not occurred.
``(2) Alien described.--An alien described in this
paragraph is an alien who--
``(A) is an immediate relative (as described in section
201(b)(2)(A));
``(B) is a family-sponsored immigrant (as described in
subsections (a) and (d) of subsection 203); or
``(C) is a derivative beneficiary of an employment-based
immigrant under section 203(b).''.
(c) Transition Period.--
(1) In general.--Notwithstanding a denial of an application
for adjustment of status, such application may be renewed by
an alien whose qualifying relative died before the date of
the enactment of this Act if a motion to reopen is filed,
without a fee, not later than 2 years after the date of the
enactment of this Act.
(2) Parole; adjustment of status.--If the alien was
excluded, deported, removed, or departed voluntarily before
the date of the enactment of this Act--
(A) such alien may be paroled into the United States
pursuant to section 212(d)(5) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(5)); and
(B) notwithstanding section 212(a)(9) of such Act, such
alien's application for adjustment of status shall be
considered by the Secretary.
(d) Processing of Immigrant Visas by the Department of
State .--Section 204(b) (8 U.S.C. 1154(b)) is amended--
(1) by inserting ``(1)'' before ``After an investigation'';
and
(2) by adding at the end the following:
``(2) Any alien described in paragraph (3) whose qualifying
relative died prior to completion of immigrant visa
processing may have an immigrant visa application adjudicated
as if such death had not occurred, and any immigrant visa
issued before the death of the qualifying relative shall
remain valid.
``(3) An alien described in this paragraph is an alien
who--
``(A) is an immediate relative (as described in section
201(b)(2)(A));

[[Page S7208]]

``(B) is a family-sponsored immigrant (as described in
subsections (a) and (d) of section 203); or
``(C) is a derivative beneficiary of an employment-based
immigrant under section 203(b).''.
(e) Naturalization.--Section 319(a) (8 U.S.C. 1429(a)) is
amended by inserting ``or, if the spouse is deceased, was the
spouse of a citizen of the United States at the time of such
death,'' after ``citizen of the United States,''.
______

SA 1382. 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 end of title VII, insert the following:

SEC. 714. H-1B VISA EMPLOYER FEE.

(a) In General.--Section 214(c)(15), as added by section
713 of this Act, is amended--
(1) in subparagraph (A), by striking ``In each instance
where'' and inserting ``Except as provided under subparagraph
(D), if an employer seeks to hire a merit-based employer-
sponsored immigrant described in section 203(b)(5) or if'';
(2) by amending subparagraph (C) to read as follows:
``(C) Of the amounts collected under this paragraph--
``(i) 14.28 percent shall be deposited in the Treasury in
accordance with section 286(y); and
``(ii) 85.72 percent shall be deposited in the Treasury in
accordance with section 286(z).''; and
(3) by adding at the end the following:
``(D) Public hospitals, which are owned and operated by a
State or a political subdivision of a State shall not be
subject to the supplemental fee imposed under this
paragraph.''.
(b) Use of Additional Fee.--Section 286 (8 U.S.C. 1356) is
amended--
(1) by redesignating subsection (x), as added by section
712, as subsection (z); and
(2) by inserting after subsection (x), as added by section
402(b), the following:
``(y) Gifted and Talented Students Education Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the `Gifted and Talented Students Education Account'. There
shall be deposited as offsetting receipts into the account
14.28 percent of the fees collected under section 214(c)(15).
``(2) Use of fees.--Amounts deposited into the account
established under paragraph (1) shall remain available to the
Secretary of Education until expended for programs and
projects authorized under the Jacob K. Javits Gifted and
Talented Students Education Act of 2001 (20 U.S.C. 7253 et
seq.).''.
______

SA 1383. 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 end of title VII, insert the following:

SEC. 714. H-1B VISA EMPLOYER FEE.

(a) In General.--Section 214(c)(15), as added by section
713 of this Act, is amended--
(1) in subparagraph (A), by striking ``In each instance
where'' and inserting ``Except as provided under subparagraph
(D), if'';
(2) by amending subparagraph (C) to read as follows:
``(C) Of the amounts collected under this paragraph--
``(i) 14.28 percent shall be deposited in the Treasury in
accordance with section 286(y); and
``(ii) 85.72 percent shall be deposited in the Treasury in
accordance with section 286(z).''; and
(3) by adding at the end the following:
``(D) Public hospitals, which are owned and operated by a
State or a political subdivision of a State shall not be
subject to the supplemental fee imposed under this
paragraph.''.
(b) Use of Additional Fee.--Section 286 (8 U.S.C. 1356) is
amended--
(1) by redesignating subsection (x), as added by section
712, as subsection (z); and
(2) by inserting after subsection (x), as added by section
402(b), the following:
``(y) Gifted and Talented Students Education Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the `Gifted and Talented Students Education Account'. There
shall be deposited as offsetting receipts into the account
14.28 percent of the fees collected under section 214(c)(15).
``(2) Use of fees.--Amounts deposited into the account
established under paragraph (1) shall remain available to the
Secretary of Education until expended for programs and
projects authorized under the Jacob K. Javits Gifted and
Talented Students Education Act of 2001 (20 U.S.C. 7253 et
seq.).''.
______

SA 1384. Mr. SALAZAR (for himself and Mr. Domenici) proposed an
amendment to amendment SA 1151 proposed by Mr. Inhofe (for himself, Mr.
Alexander, Mr. Sessions, Mr. Enzi, Mr. Chambliss, Mr. Burr, Mr.
Isakson, Mr. Bunning, and Mr. Coleman) to the amendment SA 1150
proposed by Mr. Reid (for Mr. Kennedy (for himself and Mr. Specter)) to
the bill S. 1348, to provide for comprehensive immigration reform and
for other purposes; as follows:

At the end of the matter proposed to be inserted, add the
following:

SEC. 702A. DECLARATION OF ENGLISH AS LANGUAGE.

(a) In General.--English is the common language of the
United States.
(b) Preserving and Enhancing the Role of the English
Language.--The Government of the United States shall preserve
and enhance the role of English as the language of the United
States. Nothing in this Act shall diminish or expand any
existing rights under the laws of the United States relative
to services or materials provided by the Government of the
United States in any language other than English
(c) Definition of Law.--For purposes of this section, the
term ``laws of the United States'' includes the Constitution
of the United States, any provision of Federal statute, or
any rule or regulation issued under such statute, any
judicial decisions interpreting such statute, or any
Executive Order of the President.
______

SA 1385. Mr. REED 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, between lines 2 and 3, insert the following:
(iv) Nonapplicability to certain aliens.--Clauses (i)
through (iii) shall not apply to any alien who qualifies for
a Z nonimmigrant visa and a subsequent adjustment of status
under section 244 of the Immigration and Nationality Act (8
U.S.C. 1254a).
On page 304, line 36, strike ``must'' and insert ``(except
an alien granted legal status under section 244) shall''.
______

SA 1386. Mr. LEAHY (for himself, Mr. Salazar, Mr. Cardin, and Mr.
Hagel) 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. ___. PROTECTION FOR SCHOLARS.

(a) Nonimmigrant Category.--Section 101(a)(15) (8 U.S.C.
1101(a)(15)) is amended by striking subparagraph (W), as
added by section 401(a)(4), and inserting the following:
``(W) subject to subsection (s) of section 214, an alien--
``(i) who the Secretary of Homeland Security determines--

``(I) is a scholar; and
``(II) is subject to a risk of grave danger or persecution
in the alien's country of nationality on account of the
alien's belief, scholarship, or identity; or

``(ii) who is the spouse or child of an alien described in
clause (i) who is accompanying or following to join such
alien;''.
(b) Conditions.--Section 214 (8 U.S.C. 1184) is amended by
adding at the end the following new subsection:
``(s) Requirements Applicable to Persecuted Scholars.--
``(1) Eligibility.--
``(A) In general.--An alien is eligible for nonimmigrant
status under section 101(a)(15)(W)(i) if the alien is able to
demonstrate that the alien is a scholar in any field who is
subject to a risk of grave danger or persecution in the
alien's country of nationality on account of the alien's
belief, scholarship, or identity.
``(B) Consultation.--In determining eligibility of aliens
under subparagraph (A), the Secretary of Homeland Security
shall consult with nationally recognized organizations that
have not less than 5 years of experience in assisting and
funding scholars needing to escape dangerous conditions.
``(2) Numerical minimums.--The number of aliens who may be
issued visas or otherwise provided status as nonimmigrants
under section 1101(a)(15)(W) in any fiscal year may not be
less than 2,000, unless the Secretary determines that less
than 2,000 aliens who are qualified for such status are
seeking such status during the fiscal year.
``(3) Credible evidence considered.--In acting on any
application filed under this subsection, the consular officer
or the Secretary of Homeland Security, as appropriate, shall
consider any credible evidence relevant to the application,
including information received in connection with the
consultation required under paragraph (1)(B).
``(4) Nonexclusive relief.--Nothing in this subsection
limits the ability of an alien who qualifies for status under
section 101(a)(15)(W) to seek any other immigration benefit
or status for which the alien may be eligible.
``(5) Duration of status.--
``(A) Initial period.--The initial period of admission of
an alien granted status as a nonimmigrant under section
101(a)(15)(W) shall be not more than 2 years.
``(B) Extension of period.--The period of admission
described in subparagraph (A) may be extended for 1
additional 2-year period.''.

[[Page S7209]]

______

SA 1387. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 292, before line 34, insert the following:
(E) Limitation.--An alien required to pay any applicable
Federal tax liability by reason of subparagraph (A), or who
otherwise satisfies the requirements of subparagraph (A),
shall not be allowed to file any claim for any tax credit
otherwise allowable under the Internal Revenue Code of 1986
for any taxable year preceding the taxable year in which such
application is made unless such credit reduces such alien's
income taxes for any such preceding taxable year.
______

SA 1388. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 292, before line 34, insert the following:
(E) Limitation.--An alien required to pay any applicable
Federal tax liability by reason of subparagraph (A), or who
otherwise satisfies the requirements of subparagraph (A),
shall not be allowed to file any claim for any tax credit
otherwise allowable under the Internal Revenue Code of 1986
for any taxable year preceding the taxable year in which such
application is made unless such credit reduces such alien's
income taxes or self-employment taxes for any such preceding
taxable year.
______

SA 1389. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 292, before line 34, insert the following:
(E) Limitation.--An alien required to pay any applicable
Federal tax liability by reason of subparagraph (A), or who
otherwise satisfies the requirements of subparagraph (A),
shall not be allowed to file any claim for any tax credit
otherwise allowable under the Internal Revenue Code of 1986
for any taxable year preceding the taxable year in which such
application is made unless 100 percent of such credit reduces
such alien's income taxes for any such preceding taxable
year.
______

SA 1390. Mr. REID submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 292, before line 34, insert the following:
(E) Limitation.--An alien required to pay any applicable
Federal tax liability by reason of subparagraph (A), or who
otherwise satisfies the requirements of subparagraph (A),
shall not be allowed to file any claim for any tax credit
otherwise allowable under the Internal Revenue Code of 1986
for any taxable year preceding the taxable year in which such
application is made unless 100 percent of such credit reduces
such alien's income taxes or self-employment taxes for any
such preceding taxable year.
______

SA 1391. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill S. 1348, to provide for comprehensive
immigration reform and for other purposes; which was ordered to lie on
the table; as follows:

On page 303, after line 19, insert the following:
(s) Perjury and False Statements.--All application forms
for immigration benefits, relief, or status under this Act
(including application forms for Z non-immigrant status)
shall bear a warning to the applicant and to any other person
involved in the preparation of the application that the
making of any false statement or misrepresentation on the
application form (or any supporting documentation) will
subject the applicant or other person to prosecution for
false statement, fraud, or perjury under the applicable laws
of the United States, including sections 1001, 1546, and 1621
of title 18, United States Code.
(t) Fraud Prevention Program.--The head of each department
responsible for the administration of a program or authority
to confer an immigration benefit, relief, or status under
this Act shall develop an administrative program to prevent
fraud within or upon such program or authority. Subject to
such modifications the head of the department may direct, the
program required by this subsection shall provide for fraud
prevention training for the relevant administrative
adjudicators within the department.
______

SA 1392. Mr. MENENDEZ submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

Beginning on page 287, strike line 12 and all that follows
through line 35 on page 296, and insert the following:
(6) Fees and penalties.--
(A) Processing fees.--
(i) An alien making an initial application for Z-1
nonimmigrant status shall be required to pay a processing fee
in an amount sufficient to recover the full cost of
adjudicating the application, but no more than $1,500 for a
Z-1 nonimmigrant.
(ii) An alien applying for extension of the alien's Z-1
nonimmigrant status shall be required to pay a processing fee
in an amount sufficient to cover administrative and other
expenses associated with processing the extension
application, but no more than $1,000 for a Z-1 nonimmigrant.
(B) Penalties.--
(i) An alien making an initial application for Z-1
nonimmigrant status shall be required to pay, in addition to
the processing fee in subparagraph (A), a penalty of $1,000.
(ii) An alien who is a Z-2 or Z-3 nonimmigrant and who has
not previously been a Z-1 nonimmigrant, and who changes
status to that of a Z-1 nonimmigrant, shall in addition to
processing fees be required to pay the initial application
penalties applicable to Z-1 nonimmigrants.
(C) State impact assistance fee.--In addition to any other
amounts required to be paid under this subsection, a Z-1
nonimmigrant making an initial application for Z-1
nonimmigrant status shall be required to pay a State impact
assistance fee equal to $500.
(D) Deposit and spending of fees.--The processing fees
under subparagraph (A) shall be deposited and remain
available until expended as provided by sections 286(m) and
(n).
(E) Deposit, allocation, and spending of penalties.--
(i) Deposit of penalties.--The penalty under subparagraph
(B) shall be deposited and remain available as provided by
section 286(w).
(ii) Deposit of state impact assistance funds.--The funds
under subparagraph (C) shall be deposited and remain
available as provided by section 286(x).
(7) Interview.--An applicant for Z nonimmigrant status must
appear to be interviewed.
(8) Military selective service.--The alien shall establish
that if the alien is within the age period required under the
Military Selective Service Act (50 U.S.C. App. 451 et seq.)
that such alien has registered under that Act.
(f) Application Procedures.--
(1) In general.--The Secretary of Homeland Security shall
prescribe by notice in the Federal Register, in accordance
with the procedures described in section 610 of the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007 and the procedures for an alien in the United States to
apply for Z nonimmigrant status and the evidence required to
demonstrate eligibility for such status.
(2) Initial receipt of applications.--The Secretary of
Homeland Security, or such other entities as are authorized
by the Secretary to accept applications under the procedures
established under this subsection, shall accept applications
from aliens for Z nonimmigrant status for a period of 1 year
starting the first day of the first month beginning no more
than 180 days after the date of enactment of this section.
If, during the 1-year initial period for the receipt of
applications for Z nonimmigrant status, the Secretary of
Homeland Security determines that additional time is required
to register applicants for Z nonimmigrant status, the
Secretary may in his discretion extend the period for
accepting applications by up to 12 months.
(3) Biometric data.--Each alien applying for Z nonimmigrant
status must submit biometric data in accordance with
procedures established by the Secretary of Homeland Security.
(g) Content of Application Filed by Alien.--
(1) Application form.--The Secretary of Homeland Security
shall create an application form that an alien shall be
required to complete as a condition of obtaining Z
nonimmigrant status.
(2) Application information.--The application form shall
request such information as the Secretary deems necessary and
appropriate, including but not limited to, information
concerning the alien's physical and mental health; complete
criminal history, including all arrests and dispositions;
gang membership, renunciation of gang affiliation;
immigration history; employment history; and claims to United
States citizenship.
(3) Security and law enforcement background checks.--
(A) Submission of fingerprints.--The Secretary may not
accord Z nonimmigrant status unless the alien submits
fingerprints and other biometric data in accordance with
procedures established by the Secretary.
(B) Background checks.--The Secretary shall utilize
fingerprints and other biometric data provided by the alien
to conduct appropriate background checks of such alien to
search for criminal, national security, or other law
enforcement actions that would render the alien ineligible
for classification under this section.
(h) Treatment of Applicants.--
(1) In general.--An alien who files an application for Z
nonimmigrant status shall, upon submission of any evidence
required under subsections (f) and (g) and after the

[[Page S7210]]

Secretary has conducted appropriate background checks, to
include name and fingerprint checks, that have not by the end
of the next business day produced information rendering the
applicant ineligible--
(A) be granted probationary benefits in the form of
employment authorization pending final adjudication of the
alien's application;
(B) may in the Secretary's discretion receive advance
permission to re-enter the United States pursuant to existing
regulations governing advance parole;
(C) may not be detained for immigration purposes,
determined inadmissible or deportable, or removed pending
final adjudication of the alien's application, unless the
alien is determined to be ineligible for Z nonimmigrant
status; and
(D) may not be considered an unauthorized alien (as defined
in section 274A(h)(3) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(3))) unless employment authorization under
subparagraph (A) is denied.
(2) Timing of probationary benefits.--No probationary
benefits shall be issued to an alien until the alien has
passed all appropriate background checks or the end of the
next business day, whichever is sooner.
(3) Construction.--Nothing in this section shall be
construed to limit the Secretary's authority to conduct any
appropriate background and security checks subsequent to
issuance of evidence of probationary benefits under paragraph
(4).
(4) Probationary authorization document.--The Secretary
shall provide each alien described in paragraph (1) with a
counterfeit-resistant document that reflects the benefits and
status set forth in subsection (h)(1). The Secretary may by
regulation establish procedures for the issuance of
documentary evidence of probationary benefits and, except as
provided herein, the conditions under which such documentary
evidence expires, terminates, or is renewed. All documentary
evidence of probationary benefits shall expire no later than
6 months after the date on which the Secretary begins to
approve applications for Z nonimmigrant status.
(5) Before application period.--If an alien is apprehended
between the date of enactment and the date on which the
period for initial registration closes under subsection
(f)(2), and the alien can establish prima facie eligibility
for Z nonimmigrant status, the Secretary shall provide the
alien with a reasonable opportunity to file an application
under this section after such regulations are promulgated.
(6) During certain proceedings.--Notwithstanding any
provision of the Act, if the Secretary determines that an
alien who is in removal proceedings is prima facie eligible
for Z nonimmigrant status, then the Secretary shall
affirmatively communicate such determination to the
immigration judge. The immigration judge shall then terminate
or administratively close such proceedings and permit the
alien a reasonable opportunity to apply for such
classification.
(i) Adjudication of Application Filed by Alien.--
(1) In general.--The Secretary may approve the issuance of
documentation of status, as described in subsection (j), to
an applicant for a Z nonimmigrant visa who satisfies the
requirements of this section.
(2) Evidence of continuous physical presence, employment,
or education.--
(A) Presumptive documents.--A Z nonimmigrant or an
applicant for Z nonimmigrant status may presumptively
establish satisfaction of each required period of presence,
employment, or study by submitting records to the Secretary
that demonstrate such presence, employment, or study, and
that the Secretary verifies have been maintained by the
Social Security Administration, the Internal Revenue Service,
or any other Federal, State, or local government agency.
(B) Verification.--Each Federal agency, and each State or
local government agency, as a condition of receipt of any
funds under section 286(x), shall within 90 days of enactment
ensure that procedures are in place under which such agency
shall--
(i) consistent with all otherwise applicable laws,
including but not limited to laws governing privacy, provide
documentation to an alien upon request to satisfy the
documentary requirements of this paragraph; or
(ii) notwithstanding any other provision of law, including
section 6103 of title 26, United States Code, provide
verification to the Secretary of documentation offered by an
alien as evidence of--

(I) presence or employment required under this section; or
(II) a requirement for any other benefit under the
immigration laws.

(C) Other documents.--A Z nonimmigrant or an applicant for
Z nonimmigrant status who is unable to submit a document
described in subparagraph (i) may establish satisfaction of
each required period of presence, employment, or study by
submitting to the Secretary at least 2 other types of
reliable documents that provide evidence of employment,
including--
(i) bank records;
(ii) business records;
(iii) employer records;
(iv) records of a labor union or day labor center;
(v) remittance records; and
(vi) sworn affidavits from nonrelatives who have direct
knowledge of the alien's work, that contain--

(I) the name, address, and telephone number of the affiant;
(II) the nature and duration of the relationship between
the affiant and the alien; and
(III) other verification or information.

(D) Additional documents.--The Secretary may--
(i) designate additional documents to evidence the required
period of presence, employment, or study; and
(ii) set such terms and conditions on the use of affidavits
as is necessary to verify and confirm the identity of any
affiant or otherwise prevent fraudulent submissions.
(3) Burden of proof.--An alien who is applying for a Z
nonimmigrant visa under this section shall prove, by a
preponderance of the evidence, that the alien has satisfied
the requirements of this section.
(4) Denial of application.--
(A) An alien who fails to satisfy the eligibility
requirements for a Z nonimmigrant visa shall have his
application denied and may not file additional applications.
(B) An alien who fails to submit requested initial
evidence, including requested biometric data, and requested
additional evidence by the date required by the Secretary
shall, except where the alien demonstrates to the
satisfaction of the Secretary that such failure was
reasonably excusable or was not willful, have his application
considered abandoned. Such application shall be denied and
the alien may not file additional applications.
(j) Evidence of Nonimmigrant Status.--
(1) In general.--Documentary evidence of nonimmigrant
status shall be issued to each Z nonimmigrant.
(2) Features of documentation.--Documentary evidence of Z
nonimmigrant status--
(A) shall be machine-readable, tamper-resistant, and shall
contain a digitized photograph and other biometric
identifiers that can be authenticated;
(B) shall be designed in consultation with United States
Immigration and Customs Enforcement's Forensic Document
Laboratory;
(C) shall, during the alien's authorized period of
admission under subsection (k), serve as a valid travel and
entry document for the purpose of applying for admission to
the United States where the alien is applying for admission
at a Port of Entry;
(D) may be accepted during the period of its validity by an
employer as evidence of employment authorization and identity
under section 274A(b)(1)(B); and
(E) shall be issued to the Z nonimmigrant by the Secretary
of Homeland Security promptly after final adjudication of
such alien's application for Z nonimmigrant status, except
that an alien may not be granted permanent Z nonimmigrant
status until all appropriate background checks on the alien
are completed to the satisfaction of the Secretary of
Homeland Security.
(k) Period of Authorized Admission.--
(1) Initial period.--The initial period of authorized
admission as a Z nonimmigrant shall be 4 years.
(2) Extensions.--
(A) In general.--Z nonimmigrants may seek an indefinite
number of 4-year extensions of the initial period of
authorized admission.
(B) Requirements.--In order to be eligible for an extension
of the initial or any subsequent period of authorized
admission under this paragraph, an alien must satisfy the
following requirements:
(i) Eligibility.--The alien must demonstrate continuing
eligibility for Z nonimmigrant status.
(ii) English language and civics.--

(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 must demonstrate an
attempt to gain an understanding of the English language and
knowledge of United States civics by taking the
naturalization test described in sections 312(a)(1) and (2)
by demonstrating enrollment in or placement on a waiting list
for English classes.
(II) Requirement at second renewal.--At or before the time
of application for the second extension of Z nonimmigrant
status, an alien who is 18 years of age or older must pass
the naturalization test described in sections 312(a)(1) and
(2). The alien may make up to 3 attempts to demonstrate such
understanding and knowledge but must satisfy this requirement
prior to the expiration of the second extension of Z
nonimmigrant status.
(III) Exception.--The requirement of subclauses (I) and
(II) 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 because of physical or developmental
disability or mental impairment to comply therewith;
(bb) is over 50 years of age and has been living in the
United States for periods totaling at least 20 years; or
(cc) is over 55 years of age and has been living in the
United States for periods totaling at least 15 years.
(iii) Employment.--With respect to an extension of Z-1 or
Z-3 nonimmigrant status an alien must demonstrate
satisfaction of the employment or study requirements provided
in subsection (m) during the alien's most recent authorized
period of stay as of the date of application; and
(iv) Fees.--The alien must pay a processing fee in an
amount sufficient to recover the full cost of adjudicating
the application,

[[Page S7211]]

but no more than $1,000 for a Z-1 nonimmigrant.
______

SA 1393. Mr. CONRAD submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 238, line 21, strike ``in the first sentence'' and
insert ``and inserting `(other than a nonimmigrant described
in subparagraph (E)(iii), (H)(i) (except subclause (b1)), (J)
(if coming to the United States to receive graduate medical
education or training described in section 212(j)(1) or to
take examinations required to receive such graduate medical
education or training), (L), or (V) of section 101(a)(15))'
''.

______

SA 1394. Mr. CONRAD (for himself and Mr. Brownback) submitted an
amendment intended to be proposed by him to the bill S. 1348, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

In section 425, add at the end the following:
(j) Federal Physician Waiver Program.--Section 214(l) (8
U.S.C. 1184(l)), as amended by this section, is further
amended by adding at the end the following:
``(5) In administering the Federal physician waiver program
authorized under paragraph (1)(C), the Secretary of Health
and Human Services shall accept applications from--
``(A) primary care physicians and physicians practicing
specialty medicine; and
``(B) hospitals and health care facilities of any type
located in an area that the Secretary has designated as
having a shortage of physicians, including--
``(i) a Health Professional Shortage Area (as defined in
section 332(a)(1) of the Public Health Service Act (42 U.S.C.
254e(a)(1)));
``(ii) a Mental Health Professional Shortage Area;
``(iii) a Medically Underserved Area (as defined in section
330I(a)(4) of the Public Health Service Act (42 U.S.C. 254c-
14(a)(4)));
``(iv) a Medically Underserved Population (as defined in
section 330(b)(3) of the Public Health Service Act (42 U.S.C.
254b(b)(3))); or
``(v) a Physician Scarcity Areas (as identified under
section 1833(u)(4) of the Social Security Act (42 U.S.C.
13951(u)(4))).
``(6) Any employer shall be deemed to have met the
requirements under paragraph (1)(D)(iii) if the facility of
the employer is located in an area listed in paragraph
(5)(B).''.
(k) Retaining American-Trained Physicians in Physician
Shortage Communities.--Section 201(b)(1) (8 U.S.C. 1151(b))
is amended by adding at the end the following:
``(F) Alien physicians who have completed service
requirements under section 214(l).''.
______

SA 1395. Mr. GRASSLEY (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:

Section 419(a) (relating to numerical limitations on H-1B
nonimmigrants), is amended to read as follows:
(a) H-1B Amendments.--Section 214(g) of the Immigration and
Nationality Act (8 U.S.C. 1184(g)) is amended--
(1) in paragraph (1), by amending subparagraph (A) to read
as follows:
``(A) under section 101(a)(15)(H)(i)(b) may not exceed
200,000 for each fiscal year; or'';
(2) by striking paragraphs (6), (7), and (8); as
redesignated by section 409(2) and
(3) in paragraph (9), as redesignated by section 409(2)--
(A) in subparagraph (B)--
(i) in clause (ii), by striking ``The annual numeric
limitations described in clause (i) shall not exceed`` and
inserting the following: ``Without respect to the annual
numeric limitation described in clause (i), the Secretary may
issue a visa or otherwise grant nonimmigrant status pursuant
to section 1101(a)(15)(H)(i)(b) in the following
quantities:''; and
(ii) by striking clause (iv); and
(B) by striking subparagraph (D).
______

SA 1396. 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:

In section 1(a), add at the end the following:
(6) USCIS adjudicators.--The Citizenship and Immigration
Service has hired 300 additional adjudicators.
______

SA 1397. 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:
(7) Staff enhancements for interior enforcement.--The
Assistant Secretary for Immigration and Customs Enforcement
has hired not less than 2,000 additional special agents to
conduct investigations, including worksite enforcement.
______

SA 1398. Mr. VITTER 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 1399. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 288, at line 36, strike ``renunciation of gang
affiliation;''
______

SA 1400. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the end of title VII, insert the following:

SEC. 711. ADJUSTMENT OF STATE IMPACT ASSISTANCE FEES.

Notwithstanding section 218A(e)(3)(B) of the Immigration
and Nationality Act, as added by section 402, or section
601(e)(6)(C), an alien making an application for a Y-1
nonimmigrant visa or an alien making an initial application
for Z-1 nonimmigrant status shall pay a State impact
assistance fee of $750 and an additional $100 fee for each
dependent accompanying or following to join the alien.
______

SA 1401. Mr. COLEMAN (for himself and Mr. Domenici) 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, add the following new subsection:
(e) Information Sharing Between Federal and Local Law
Enforcement Officers.--
(1) Requirement for information sharing.--No person or
agency may prohibit a Federal, State, or local government
entity from acquiring information regarding the immigration
status of any individual if the entity seeking such
information has probable cause to believe that the individual
is not lawfully present in the United States. Such probable
cause includes the individual's failure to possess an
identification document issued by the United States or a
State.
(2) Requirement prior to implementation.--Subject to
subsection (a), with the exception of the probationary
benefits conferred by section 601(h) of this Act, the
provisions of subtitle C of title IV, and the admission of
aliens under section 101(a)(15)(H)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)), as amended by
title IV, the programs established by title IV, and the
programs established by title VI that grant legal status to
any individual or that adjust the current status of any
individual who is unlawfully present in the United States to
that of an alien lawfully admitted for permanent residence,
may not become effective until the date that the Secretary
submits a written certification to the President and Congress
that the requirement set out in paragraph (1) is being
carried out.
(3) Rule of construction.--Nothing in paragraph (1) may be
construed--
(A) to limit the acquisition of information as otherwise
provided by law; or
(B) to require a person to disclose information regarding
an individual's immigration status prior to the provision of
emergency medical or law enforcement assistance.
______

SA 1402. 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:

On page 6, line 23, insert ``, including the lease of 6
additional aircraft and 12 busses'' before the period at the
end.
On page 36, after line 17, insert the following:

SEC. 139. SOUTHWEST BORDER EASEMENT FEASIBILITY STUDY.

(a) In General.--The Secretary, in consultation with the
Attorney General and the Commissioner of the United States
Section, International Boundary and Water Commission, shall
conduct a study of the desirability of, and need for, border
enforcement easements between the ports of entry along the
international border between the United States and Mexico to
facilitate the patrolling of such border to deter and detect
illegal entry into the United States.
(b) Identification of Specific Locations.--The study
conducted under this section shall identify--
(1) the specific locations where agents of the United
States Border Patrol lack immediate access to or control of
the border, including any location where authorization by a
third party is required to patrol the border or carry out the
activities described in subsection (c); and
(2) for each such location--
(A) the actions required to create a border enforcement
easement;

[[Page S7212]]

(B) the optimal distance from the border to which such
easement should extend and the geographic size of the
easement;
(C) the estimated costs of acquiring the easement and
making the improvements described in subsection (c); and
(D) the changes to existing law that would be required to
carry out such acquisitions and improvements.
(c) Scope and Use of Easement.--Easements studied under
this section shall be considered to provide the United States
Border Patrol with access to and control of land immediately
adjacent to the border described in subsection (a) for--
(1) installing detection equipment;
(2) constructing or improving roads;
(3) controlling vegetation;
(4) installing fences or other obstacles; and
(5) carrying out such other activities as may be required
to patrol the border and deter or detect illegal entry.
(d) Report.--Not later than December 1, 2008, the Secretary
shall submit a report containing the results of the study
conducted under this section to--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Homeland Security of the House of
Representatives;
(5) the Committee on the Judiciary of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
At the appropriate place, insert the following:

SEC. __. REGISTRATION OF ALIENS; NOTICES OF CHANGE OF
ADDRESS.

(a) Registration Required for Work Authorization.--Section
262 (8 U.S.C. 1302) is amended by adding at the end the
following:
``(d) The Secretary of Homeland Security shall verify that
each alien applying for work authorization under this Act has
registered under this section and has complied with the
requirements under subsections (a)(1), (a)(2), and (b) of
section 265 before approving such application.''.
(b) Annual Notification.--Section 265(a) (8 U.S.C. 1305(a))
is amended by striking ``(a) Each alien'' and inserting the
following:
``(a) In General.--
``(1) Annual notification.--Each alien required to be
registered under this title who is within the United States
on the first day of January of any year shall, not later than
30 days following such date, notify the Secretary of Homeland
Security in writing of the current address of the alien and
furnish such additional information as the Secretary may
prescribe by regulation. Failure to comply with this
paragraph shall disqualify an alien from being approved for
work authorization under this Act.
``(2) Notification if absent on january 1.--Each alien
required to be registered under this title who is temporarily
absent from the United States on the first day of January of
any year shall, not later than 10 days after date on which
the alien returns to the United States, provide the Secretary
of Homeland Security with the information described in
paragraph (1).
``(3) New address.--Each alien''.
(c) Treatment of Change of Address Form as Registration
Document.--Section 265 (8 U.S.C. 1305), as amended by
subsection (b), is further amended by adding at the end the
following:
``(d) Treatment as Registration Document.--For purposes of
this chapter, any notice of change of address submitted by an
alien under this section shall be treated as a registration
document under section 262.''.
(d) Technical Amendments.--Section 266 (8 U.S.C. 1306) is
amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) by striking subsection (b); and
(3) by redesignating subsection (c) and (d) as subsections
(b) and (c), respectively.
______

SA 1403. Ms. CANTWELL (for herself, Mr. Cornyn, Mr. Leahy, Mr. Hatch,
Mr. Bennett, Mr. Schumer, Mr. Warner, Mr. Sununu, Mr. Ensign, and Mr.
Gregg) 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 238, beginning with line 13, strike all through
page 265, line 25, and insert the following:
(c) Granting Dual Intent to Certain Nonimmigrant
Students.--Section 214(h) (8 U.S.C. 1184(h)) is amended--
(1) by striking ``(H)(i)(b) or (c),'' and inserting
``(F)(iv), (H)(i)(b), (H)(i)(c),''; and
(2) by striking ``if the alien had obtained a change of
status'' and inserting ``if the alien had been admitted as,
provided status as, or obtained a change of status''.

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

(a) H-1B Amendments.--Section 214(g) (8 U.S.C. 1184(g)) is
amended--
(1) in paragraph (1)(A), by striking clauses (i) through
(vii) and inserting the following:
``(i) 115,000 in fiscal year 2008;
``(ii) in any subsequent fiscal year, subject to clause
(iii), the number for the previous fiscal year as adjusted in
accordance with the method set forth in paragraph (2); and
``(iii) 180,000 for any fiscal year;''.
(2) in paragraph (9), as redesignated by section 409--
(A) in subparagraph (B)--
(i) in clause (ii), by striking ``The annual numerical
limitations described in clause (i) shall not exceed'' and
inserting ``Without respect to the annual numerical
limitations described in clause (i), the Secretary may issue
a visa or otherwise grant nonimmigrant status pursuant to
section 1101(a)(15)(H)(i)(b) in the following quantities:'';
and
(ii) by striking clause (iv); and
(B) by striking subparagraph (D).
(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.
(c) Provision of W-2 Forms.--Section 214(g)(5), as
redesignated by section 409, is amended to read as follows:
``(5) In the case of a nonimmigrant described in section
101(a)(15)(H)(i)(b)--
``(A) the period of authorized admission as such a
nonimmigrant may not exceed 6 years (except for a
nonimmigrant who has filed a petition for an immigrant visa
under section 203(b)(1), if 365 days or more have elapsed
since filing and it has not been denied, in which case the
Secretary of Homeland Security may extend the stay of an
alien in 1-year increments until such time as a final
decision is made on the alien's lawful permanent residence);
``(B) if the alien is granted an initial period of
admission less than 6 years, any subsequent application for
an extension of stay for such alien shall include the Form W-
2 Wage and Tax Statement filed by the employer for such
employee, and such other form or information relating to such
employment as the Secretary of Homeland Security, in the
discretion of the Secretary, may specify, with respect to
such nonimmigrant alien employee for the period of admission
granted to the alien; and
``(C) notwithstanding section 6103 of the Internal Revenue
Code of 1986, or any other law, the Commissioner of Internal
Revenue or the Commissioner of the Social Security
Administration shall upon request of the Secretary confirm
whether the Form W-2 Wage and Tax Statement filed by the
employer under subparagraph (B) matches a Form W-2 Wage and
Tax Statement filed with the Internal Revenue Service or the
Social Security Administration, as the case may be.''.
(d) Extension of H-1B Status for Merit-Based Adjustment
Applicants.--
(1) In general.--Section 214(g)(4), as redesignated by
section 409, is amended--
(A) by inserting ``(A)'' after ``(4)'';
(B) by striking ``If an alien'' and inserting the
following:
``(B) If an alien''; and
(C) by adding at the end the following:
``(D) Subparagraph (B) shall not apply to such a
nonimmigrant who has filed a petition for an immigrant visa
accompanied by a qualifying employer recommendation under
section 203(b)(1), if 365 days or more have elapsed since
filing and it has not been denied, in which case the
Secretary of Homeland Security may extend the stay of an
alien in 1-year increments until such time as a final
decision is made on the alien's lawful permanent
residence.''.
(2) Repeal.--Section 106 of the American Competitiveness in
the Twenty-first Century Act of 2000 (8 U.S.C. 1184 note) is
amended by striking subsections (a) and (b).

SEC. 420. H-1B EMPLOYER REQUIREMENTS.

(a) Application of Nondisplacement and Good Faith
Recruitment Requirements to All H-1B Employers.--
(1) Amendments.--Section 212(n) (8 U.S.C. 1182(n)) is
amended--
(A) in paragraph (1)--
(i) in subparagraph (E)--

(I) in clause (i), by striking ``(E)(i) In the case of an
application described in clause (ii), the'' and inserting
``(E) The''; and
(II) by striking clause (ii);

(ii) in subparagraph (F), by striking ``In the case of''
and all that follows through ``where--'' and inserting ``The
employer will not place the nonimmigrant with another
employer if--''; and
(iii) in subparagraph (G), by striking ``In the case of an
application described in subparagraph (E)(ii), subject'' and
inserting ``Subject'';
(B) in paragraph (2)--
(i) in subparagraph (E), by striking ``If an H-1B-dependent
employer'' and inserting ``If an employer that employs H-1B
nonimmigrants''; and
(ii) in subparagraph (F), by striking ``The preceding
sentence shall apply to an employer regardless of whether or
not the employer is an H-1B-dependent employer.''; and

[[Page S7213]]

(C) by striking paragraph (3).
(2) Effective date.--The amendments made by paragraph (1)
shall apply to applications filed on or after the date of the
enactment of this Act.
(b) Nondisplacement Requirement.--
(1) Extending time period for nondisplacement.--Section
212(n), as amended by subsection (a), is further amended--
(A) in paragraph (1)--
(i) in subparagraph (E), by striking ``90 days'' each place
it appears and inserting ``180 days'';
(ii) in subparagraph (F)(ii), by striking ``90 days'' each
place it appears and inserting ``180 days''; and
(B) in paragraph (2)(C)(iii), by striking ``90 days'' each
place it appears and inserting ``180 days''.
(2) Effective date.--The amendments made by paragraph (1)--
(A) shall apply to applications filed on or after the date
of the enactment of this Act; and
(B) shall not apply to displacements for periods occurring
more than 90 days before such date.
(c) H-1B Nonimmigrants Not Admitted for Jobs Advertised or
Offered Only to H-1B Nonimmigrants.--Section 212(n)(1), as
amended by this section, is further amended--
(1) by inserting after subparagraph (G) the following:
``(H)(i) The employer has not advertised the available jobs
specified in the application in an advertisement that states
or indicates that--
``(I) the job or jobs are only available to persons who are
or who may become H-1B nonimmigrants; or
``(II) persons who are or who may become H-1B nonimmigrants
shall receive priority or a preference in the hiring process.
``(ii) The employer has not only recruited persons who are,
or who may become, H-1B nonimmigrants to fill the job or
jobs.''; and
(2) in the undesignated paragraph at the end, by striking
``The employer'' and inserting the following:
``(K) The employer''.
(d) Limit on Percentage of H-1B Employees.--Section
212(n)(1), as amended by this section, is further amended by
inserting after subparagraph (H), as added by subsection
(c)(1), the following:
``(I) If the employer employs not less than 50 employees in
the United States, not more than 50 percent of such employees
are H-1B nonimmigrants.''.

SEC. 421. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

(a) Safeguards Against Fraud and Misrepresentation in
Application Review Process.--Section 212(n)(1)(K), as
redesignated by section 420(c)(2), is amended--
(1) by inserting ``and through the Department of Labor's
website, without charge.'' after ``D.C.'';
(2) by inserting ``, clear indicators of fraud,
misrepresentation of material fact,'' after ``completeness'';
(3) by striking ``or obviously inaccurate'' and inserting
``, presents clear indicators of fraud or misrepresentation
of material fact, or is obviously inaccurate'';
(4) by striking ``within 7 days of'' and inserting ``not
later than 14 days after''; and
(5) by adding at the end the following: ``If the
Secretary's review of an application identifies clear
indicators of fraud or misrepresentation of material fact,
the Secretary may conduct an investigation and hearing under
paragraph (2).''
(b) Investigations by Department of Labor.--Section
212(n)(2) is amended--
(1) in subparagraph (A)--
(A) by striking ``12 months'' and inserting ``24 months'';
and
(B) by striking ``The Secretary shall conduct'' and all
that follows and inserting ``Upon the receipt of such a
complaint, the Secretary may initiate an investigation to
determine if such a failure or misrepresentation has
occurred.'';
(2) in subparagraph (C)(i)--
(A) by striking ``a condition of paragraph (1)(B), (1)(E),
or (1)(F)'' and inserting ``a condition under subparagraph
(B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)'';
and
(B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``if the Secretary'' and all
that follows and inserting ``with regard to the employer's
compliance with the requirements of this subsection.'';
(B) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and
inserting ``the Secretary of Labor may conduct an
investigation into the employer's compliance with the
requirements of this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(F) in clause (iv), as redesignated, by striking ``meet a
condition described in clause (ii), unless the Secretary of
Labor receives the information not later than 12 months'' and
inserting ``comply with the requirements under this
subsection, unless the Secretary of Labor receives the
information not later than 24 months'';
(G) by amending clause (v), as redesignated, to read as
follows:
``(v) The Secretary of Labor shall provide notice to an
employer of the intent to conduct an investigation. The
notice shall be provided in such a manner, and shall contain
sufficient detail, to permit the employer to respond to the
allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the
Secretary determines that such compliance would interfere
with an effort by the Secretary to investigate or secure
compliance by the employer with the requirements of this
subsection. A determination by the Secretary under this
clause shall not be subject to judicial review.'';
(H) in clause (vi), as redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of Labor,
after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under
this subsection, the Secretary shall provide interested
parties with notice of such determination and an opportunity
for a hearing in accordance with section 556 of title 5,
United States Code, not later than 120 days after the date of
such determination.''; and
(I) by adding at the end the following:
``(vii) If the Secretary of Labor, after a hearing, finds a
reasonable basis to believe that the employer has violated
the requirements under this subsection, the Secretary may
impose a penalty under subparagraph (C).''; and
(4) by striking subparagraph (H).
(c) Information Sharing Between Department of Labor and
Department of Homeland Security.--Section 212(n)(2), as
amended by this section, is further amended by inserting
after subparagraph (G) the following:
``(H) The Director of United States Citizenship and
Immigration Services shall provide the Secretary of Labor
with any information contained in the materials submitted by
H-1B employers as part of the adjudication process that
indicates that the employer is not complying with H-1B visa
program requirements. The Secretary may initiate and conduct
an investigation and hearing under this paragraph after
receiving information of noncompliance under this
subparagraph.''.
(d) Audits.--Section 212(n)(2)(A), as amended by this
section, is further amended by adding at the end the
following: ``The Secretary may conduct surveys of the degree
to which employers comply with the requirements under this
subsection and may conduct annual compliance audits of
employers that employ H-1B nonimmigrants. The Secretary shall
conduct annual compliance audits of not less than 1 percent
of the employers that employ H-1B nonimmigrants during the
applicable calendar year.''
(e) Penalties.--Section 212(n)(2)(C), as amended by this
section, is further amended--
(1) in clause (i)(I), by striking ``$1,000'' and inserting
``$2,000'';
(2) in clause (ii)(I), by striking ``$5,000'' and inserting
``$10,000''; and
(3) in clause (vi)(III), by striking ``$1,000'' and
inserting ``$2,000''.
(f) Information Provided to H-1B Nonimmigrants Upon Visa
Issuance.--Section 212(n), as amended by this section, is
further amended by inserting after paragraph (2) the
following:
``(3)(A) Upon issuing an H-1B visa to an applicant outside
the United States, the issuing office shall provide the
applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections; and
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer obligations and workers' rights.
``(B) Upon the issuance of an H-1B visa to an alien inside
the United States, the officer of the Department of Homeland
Security shall provide the applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections; and
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer's obligations and workers rights.''.

SEC. 422. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

(a) In General.--Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is
amended by inserting after subsection (F) the following:
``(G)(i) If the beneficiary of a petition under this
subsection is coming to the United States to open, or be
employed in, a new facility, the petition may be approved for
up to 12 months only if the employer operating the new
facility has--
``(I) a business plan;
``(II) sufficient physical premises to carry out the
proposed business activities; and
``(III) the financial ability to commence doing business
immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits an
application to the Secretary of Homeland Security that
contains--
``(I) evidence that the importing employer meets the
requirements of this subsection;
``(II) evidence that the beneficiary meets the requirements
under section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has fully
complied with the business plan submitted under clause
(i)(I);

[[Page S7214]]

``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition;
``(VI) evidence that the importing employer, during the
preceding 12 months, has been doing business at the new
facility through regular, systematic, and continuous
provision of goods or services, or has otherwise been taking
commercially reasonable steps to establish the new facility
as a commercial enterprise;
``(VII) a statement of the duties the beneficiary has
performed at the new facility during the preceding 12 months
and the duties the beneficiary will perform at the new
facility during the extension period approved under this
clause;
``(VIII) a statement describing the staffing at the new
facility, including the number of employees and the types of
positions held by such employees;
``(IX) evidence of wages paid to employees;
``(X) evidence of the financial status of the new facility;
and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) Notwithstanding subclauses (I) through (VI) of
clause (ii), and subject to the maximum period of authorized
admission set forth in subparagraph (D), the Secretary of
Homeland Security may approve a petition subsequently filed
on behalf of the beneficiary to continue employment at the
facility described in this subsection for a period beyond the
initially granted 12-month period if the importing employer
demonstrates that the failure to satisfy any of the
requirements described in those subclauses was directly
caused by extraordinary circumstances beyond the control of
the importing employer.
``(iv) For purposes of determining the eligibility of an
alien for classification under section 101(a)(15)(L), the
Secretary of Homeland Security shall work cooperatively with
the Secretary of State to verify a company or facility's
existence in the United States and abroad.''.
(b) Investigations and Audits by Department of Homeland
Security.--
(1) Department of homeland security investigations.--
Section 214(c)(2) is amended by inserting after subparagraph
(G), as added by subsection (a), the following:
``(H)(i) The Secretary of Homeland Security may initiate an
investigation of any employer that employs nonimmigrants
described in section 101(a)(15)(L) with regard to the
employer's compliance with the requirements of this
subsection.
``(ii) If the Secretary of Homeland Security receives
specific credible information from a source who is likely to
have knowledge of an employer's practices, employment
conditions, or compliance with the requirements under this
subsection, the Secretary may conduct an investigation into
the employer's compliance with the requirements of this
subsection. The Secretary may withhold the identity of the
source from the employer, and the source's identity shall not
be subject to disclosure under section 552 of title 5.
``(iii) The Secretary of Homeland Security shall establish
a procedure for any person desiring to provide to the
Secretary of Homeland Security information described in
clause (ii) that may be used, in whole or in part, as the
basis for the commencement of an investigation described in
such clause, to provide the information in writing on a form
developed and provided by the Secretary of Homeland Security
and completed by or on behalf of the person.
``(iv) No investigation described in clause (ii) (or
hearing described in clause (vi) based on such investigation)
may be conducted with respect to information about a failure
to comply with the requirements under this subsection, unless
the Secretary of Homeland Security receives the information
not later than 24 months after the date of the alleged
failure.
``(v) Before commencing an investigation of an employer
under clause (i) or (ii), the Secretary of Homeland Security
shall provide notice to the employer of the intent to conduct
such investigation. The notice shall be provided in such a
manner, and shall contain sufficient detail, to permit the
employer to respond to the allegations before an
investigation is commenced. The Secretary is not required to
comply with this clause if the Secretary determines that to
do so would interfere with an effort by the Secretary to
investigate or secure compliance by the employer with the
requirements of this subsection. There shall be no judicial
review of a determination by the Secretary under this clause.
``(vi) If the Secretary of Homeland Security, after an
investigation under clause (i) or (ii), determines that a
reasonable basis exists to make a finding that the employer
has failed to comply with the requirements under this
subsection, the Secretary shall provide interested parties
with notice of such determination and an opportunity for a
hearing in accordance with section 556 of title 5, United
States Code, not later than 120 days after the date of such
determination. If such a hearing is requested, the Secretary
shall make a finding concerning the matter by not later than
120 days after the date of the hearing.
``(vii) If the Secretary of Homeland Security, after a
hearing, finds a reasonable basis to believe that the
employer has violated the requirements under this subsection,
the Secretary may impose a penalty under section
214(c)(2)(J).''.
(2) Audits.--Section 214(c)(2)(H), as added by paragraph
(1), is amended by adding at the end the following:
``(viii) The Secretary of Homeland Security may conduct
surveys of the degree to which employers comply with the
requirements under this section and may conduct annual
compliance audits of employers that employ H-1B
nonimmigrants. The Secretary shall conduct annual compliance
audits of not less than 1 percent of the employers that
employ nonimmigrants described in section 101(a)(15)(L)
during the applicable calendar year.''.
(3) Reporting requirement.--Section 214(c)(8) of such Act
is amended by inserting ``(L),'' after ``(H),''.
(c) Penalties.--Section 214(c)(2) is amended by inserting
after subparagraph (H), as added by subsection (b), the
following:
``(I)(i) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a failure by an
employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $2,000 per violation) as
the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 1 year, approve a petition for that
employer to employ 1 or more aliens as such nonimmigrants.
``(ii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 2 years, approve a petition filed for that
employer to employ 1 or more aliens as such nonimmigrants.
``(iii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (L)(i)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the employer shall be liable to employees harmed for
lost wages and benefits.''.

SEC. 423. WHISTLEBLOWER PROTECTIONS.

(a) H-1B Whistleblower Protections.--Section
212(n)(2)(C)(iv) (8 U.S.C. 1182(n)(2)(C)(iv)) is amended--
(1) by inserting ``take, fail to take, or threaten to take
or fail to take, a personnel action, or'' before ``to
intimidate''; and
(2) by adding at the end the following: ``An employer that
violates this clause shall be liable to the employees harmed
by such violation for lost compensation, including back
pay.''.
(b) L-1 Whistleblower Protections.--Section 214(c)(2) is
amended by inserting after subparagraph (I), as added by
section 423, the following:
``(J)(i) It is a violation of this subparagraph for an
employer who has filed a petition to import 1 or more aliens
as nonimmigrants described in section 101(a)(15)(L) to take,
fail to take, or threaten to take or fail to take, a
personnel action, or to intimidate, threaten, restrain,
coerce, blacklist, discharge, or discriminate in any other
manner against an employee because the employee--
``(I) has disclosed information that the employee
reasonably believes evidences a violation of this subsection,
or any rule or regulation pertaining to this subsection; or
``(II) cooperates or seeks to cooperate with the
requirements of this subsection, or any rule or regulation
pertaining to this subsection.
``(ii) An employer that violates this subparagraph shall be
liable to the employees harmed by such violation for lost
wages and benefits.
``(iii) In this subparagraph, the term `employee'
includes--
``(I) a current employee;
``(II) a former employee; and
``(III) an applicant for employment.''.

SEC. 424. LIMITATIONS ON APPROVAL OF L-1 PETITIONS FOR START-
UP COMPANIES.

Section 214(c)(2), as amended by sections 422 and 423, is
further amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (E), by striking ``In the case of an
alien spouse admitted under section 101(a)(15)(L), who'' and
inserting ``Except as provided in subparagraph (L), if an
alien spouse admitted under section 101(a)(15)(L)''; and
(3) by adding at the end the following:
``(K)(i) If the beneficiary of a petition under this
subsection is coming to the United States to be employed in a
new office, the petition may be approved for a period not to
exceed 12 months only if the alien has

[[Page S7215]]

not been the beneficiary of 2 or more petitions under this
subparagraph within the immediately preceding 2 years and
only if the employer operating the new office has--
``(I) an adequate business plan;
``(II) sufficient physical premises to carry out the
proposed business activities; and
``(III) the financial ability to commence doing business
immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits to
the Secretary of Homeland Security--
``(I) evidence that the importing employer meets the
requirements of this subsection;
``(II) evidence that the beneficiary meets the requirements
of section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has
substantially complied with the business plan submitted under
clause (i);
``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition
if requested by the Secretary;
``(VI) evidence that the importing employer, from the date
of petition approval under clause (i), has been doing
business at the new office through regular, systematic, and
continuous provision of goods or services;
``(VII) a statement of the duties the beneficiary has
performed at the new office during the approval period under
clause (i) and the duties the beneficiary will perform at the
new office during the extension period approved under this
clause;
``(VIII) a statement describing the staffing at the new
office, including the number of employees and the types of
positions held by such employees;
``(IX) evidence of wages paid to employees if the
beneficiary will be employed in a managerial or executive
capacity;
``(X) evidence of the financial status of the new office;
and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) A new office employing the beneficiary of an L-1
petition approved under this subparagraph shall do business
through regular, systematic, and continuous provision of
goods or services for the entire period of petition approval.
``(iv) Notwithstanding clause (iii) or subclauses (I)
through (VI) of clause (ii), and subject to the maximum
period of authorized admission set forth in subparagraph (D),
the Secretary of Homeland Security, in the discretion of the
Secretary, may approve a subsequently filed petition on
behalf of the beneficiary to continue employment at the
office described in this subsection for a period beyond the
initially granted 12-month period if the importing employer
has been doing business at the new office through regular,
systematic, and continuous provision of goods or services for
the 6 months immediately preceding the date of extension
petition filing and demonstrates that the failure to satisfy
any of the requirements described in those subclauses was
directly caused by extraordinary circumstances, as determined
by the Secretary, in the discretion of the Secretary.
``(L)(i) The Secretary of Homeland Security may not
authorize the spouse of an alien described under section
101(a)(15)(L), who is a dependent of a beneficiary under
subparagraph (K), to engage in employment in the United
States during the initial 12-month period described in
subparagraph (K)(i).
``(ii) A spouse described in clause (i) may be provided
employment authorization upon the approval of an extension
under subparagraph (K)(ii).
``(M) For purposes of determining the eligibility of an
alien for classification under section 101(a)(15)(L), the
Secretary of Homeland Security shall establish procedures
with the Department of State to verify a company or office's
existence in the United States and abroad.''.

SEC. 425. MEDICAL SERVICES IN UNDERSERVED AREAS.

(a) Permanent Authorization of the Conrad Program.--
(1) In general.--Section 220(c) of the Immigration and
Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182
note) (as amended by section 1(a) of Public Law 108-441 and
section 2 of Public Law 109-477) is amended by striking ``and
before June 1, 2008.''.
(2) Effective date.--The amendment made by paragraph (1)
shall take effect as if enacted on June 1, 2007.
(b) Pilot Program Requirements.--Section 214(l) (8 U.S.C.
1184(l)) is amended by adding at the end the following:
``(4)(A) Notwithstanding paragraph (1)(B), the Secretary of
Homeland Security may grant up to a total of 50 waivers for a
State under section 212(e) in a fiscal year if, after the
first 30 such waivers for the State are granted in that
fiscal year--
``(i) an interested State agency requests a waiver; and
``(ii) the requirements under subparagraph (B) are met.
``(B) The requirements under this subparagraph are met if--
``(i) fewer than 20 percent of the physician vacancies in
the health professional shortage areas of the State, as
designated by the Secretary of Health and Human Services,
were filled in the most recent fiscal year;
``(ii) all of the waivers allotted for the State under
paragraph (1)(B)) were used in the most recent fiscal year;
and
``(iii) all underserved highly rural States--
``(I) used the minimum guaranteed number of waivers under
section 212(e) in health professional shortage areas in the
most recent fiscal year; or
``(II) all agreed to waive the right to receive the minimum
guaranteed number of such waivers.
``(C) In this paragraph:
``(i) The term `health professional shortage area' has the
meaning given the term in section 332(a)(1) of the Public
Health Service Act (42 U.S.C. 254e(a)(1)).
``(ii) The term `underserved highly rural State' means a
State with at least 30 counties with a population density of
not more than 10 people per square mile, based on the latest
available decennial census conducted by the Bureau of Census.
``(iii) The term `minimum guaranteed number' means--
``(I) for the first fiscal year of the pilot program, 15;
``(II) for each subsequent fiscal year, the sum of--
``(aa) the minimum guaranteed number for the second fiscal
year; and
``(bb) if any State received additional waivers under this
paragraph in the first fiscal year;
``(III) for the third fiscal year, the sum of--
``(aa) the minimum guaranteed number for the second fiscal
year; and
``(bb) if any State received additional waivers under this
paragraph in the first fiscal year.''.
(c) Termination Date.--Section 214(l)(4) of the Immigration
and Nationality Act, as added by subsection (b), is repealed
on September 30, 2011.
(d) Medical Professionals.--Section 212(j) (8 U.S.C.
1182(j)) is amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2)(A) An alien who is coming to the United States to
receive graduate medical education or training (or seeks to
acquire status as a nonimmigrant under section 1101(a)(15)(J)
to receive graduate medical education or training) may not
change status under section 1258 to a nonimmigrant under
section 1101(a)(15)(H)(i)(b) until the alien graduates from
the medical education or training program and meets the
requirements of paragraph (3)(B).
``(B) Any occupation that an alien described in paragraph
(2)(A) may be employed in while receiving graduate medical
education or training shall not be deemed a `specialty
occupation' within the meaning of section 1184(i) for
purposes of section 1101(a)(15)(H)(i)(b).''; and
(3) in paragraph (3), as redesignated by paragraph (1) of
this subsection, by striking the matter preceding
subparagraph (A) and inserting the following:
``(3) An alien who has graduated from a medical school and
who is coming to the United States to practice primary care
or specialty medicine as a member of the medical profession
may not be admitted as a nonimmigrant under section
1101(a)(15)(H)(i)(b) of this title unless--'';
(e) Definition.--Section 101(a)(15)(J) is amended by
inserting ``(except an alien coming to the United States to
receive graduate medical education or training)'' after
``abandoning''.
(f) Intention to Abandon Foreign Residence.--Section 214(h)
(8 U.S.C. 1184(h)) is amended by inserting ``(E), (J) (if the
alien is coming to the United States to receive graduate
medical education or training),'' after ``described in
subparagraph''.
(g) Medical Residents Ineligible for H-1B Nonimmigrant
Status.--Section 214(i)(1) (8 U.S.C. 1184(i)) is amended to
read as follows:
``(1) Except as provided in paragraph (3), for purposes of
section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and
paragraph (2), the term `specialty occupation'--
``(A) means an occupation that requires--
``(i) theoretical and practical application of a body of
highly specialized knowledge; and
``(ii) attainment of a bachelor's or higher degree in the
specific specialty (or its equivalent) as a minimum for entry
into the occupation in the United States; and
``(B) shall not include graduate medical education or
training.''.
(h) Waiver of Foreign Residence Requirement.--Section
214(l) (8 U.S.C. 1184(l)) is amended--
(1) in paragraph (1)--
(A) in subparagraph (C)--
(i) in clause (i), by striking ``Attorney General to be in
the public interest; and'' and inserting ``Secretary of
Homeland Security to be in the public interest;'';
(ii) by striking subclause (ii) and inserting the
following:
``(ii) the alien has accepted employment with the health
facility or health care organization and agrees to continue
to work for a total of not less than 3 years; and
``(iii) the alien begins employment not later than 90 days
after the later of the date on which the alien--
``(I) received such waiver; or
``(II) received nonimmigrant status or employment
authorization pursuant to an application filed under
paragraph (2)(A) (if such application is filed not later than
90 days after eligibility of completing graduate medical
education or training under a program approved pursuant to
section 212(j)(1));'';
(B) by striking the period at the end and inserting the
following: ``; or

[[Page S7216]]

``(E) in the case of a request by an interested State
agency, the alien agrees to practice primary care or
specialty medicine care, for a continuous period of 2 years,
only at a federally qualified health facility, health care
organization or center, or in a rural health clinic that is
located in--
``(i) a geographic area which is designated by the
Secretary of Health and Human Services as having a shortage
of health care professionals; and
``(ii) a State that utilized less than 10 of the total
allotted waivers for the State under paragraph (1)(B)
(excluding the number of waivers available pursuant to
paragraph (1)(D)(ii)) in the most recent fiscal year.'';
(2) in paragraph (2), by amending subparagraph (A) to read
as follows:
``(A) Notwithstanding section 248(a)(2), upon submission of
a request to an interested Federal agency or an interested
State agency for recommendation of a waiver under this
section by a physician who is maintaining valid nonimmigrant
status under section 101(a)(15)(J), the Secretary of Homeland
Security may accept as properly filed an application to
change the status of such physician to [any applicable
nonimmigrant status]. Upon favorable recommendation by the
Secretary of State of such request, and approval by the
Secretary of Homeland Security the waiver under this section,
the Secretary of Homeland Security may change the status of
such physician to that of [an appropriate nonimmigrant
status.]''.
(3) in paragraph (3)(A), by inserting ``requirement of or''
before ``agreement entered into''.
(i) Period of Authorized Admission for Physicians on H-1B
Visas Who Work in Medically Underserved Communities.--Section
214(g)(5), as renumbered by section 409 and amended by
section 719(c), is further amended by adding at the end the
following:
``(D) The period of authorized admission under subparagraph
(A) shall not apply to an alien physician who fulfills the
requirements under subsection (l)(1)(E) and who has practiced
primary or specialty care in a medically underserved
community for a continuous period of 5 years.''.

SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

There are authorized to be appropriated such sums as may be
necessary to carry out this title, and the amendments made by
this title.

TITLE V--IMMIGRATION BENEFITS

SEC. 501. REBALANCING OF IMMIGRANT VISA ALLOCATION.

(a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C.
1151(c)) is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--
``(1) For each fiscal year until visas needed for petitions
described in section 503(f)(2) of the Secure Borders,
Economic Opportunity, and Immigration Reform Act of 2007
become available, the worldwide level of family-sponsored
immigrants under this subsection is 567,000 for petitions for
classifications under section 203(a), plus any immigrant
visas not required for the class specified in subsection (d).
``(2) Except as provided in paragraph (1), the worldwide
level of family-sponsored immigrants under this subsection
for a fiscal year is 127,000, plus any immigrant visas not
required for the class specified in subsection (d).''.
(b) Merit-Based Immigrants.--Section 201(d) (8 U.S.C.
1151(d)) is amended to read as follows:
``(d) Worldwide Level of Merit-Based, Special, and
Employment Creation Immigrants.--
``(1) In general.--The worldwide level of merit-based,
special, and employment creation immigrants under this
subsection--
``(A) for the first 5 fiscal years shall be equal to the
number of immigrant visas made available to aliens seeking
immigrant visas under section 203(b) for fiscal year 2005,
plus any immigrant visas not required for the class specified
in subsection (c), of which--
``(i) at least 10,000 will be for exceptional aliens in
nonimmigrant status under section 101(a)(15)(Y); and
``(ii) 90,000 will be for aliens who were the beneficiaries
of an application that was pending or approved on the
effective date of this section, as described in section
502(d) of the Secure Borders, Economic Opportunity, and
Immigration Reform Act of 2007;
``(B) starting in the sixth fiscal year, shall be equal to
140,000 for each fiscal year until aliens described in
section 101(a)(15)(Z) first become eligible for an immigrant
visa, plus any immigrant visas not required for the class
specified in subsection (c), of which--
``(i) at least 10,000 will be for exceptional aliens in
nonimmigrant status under section 101(a)(15)(Y); and
``(ii) not more than 90,000 will be for aliens who were the
beneficiaries of an application that was pending or approved
on the effective date of this section, as described in
section 502(d) of the Secure Borders, Economic Opportunity,
and Immigration Reform Act of 2007; and
``(C)(i) 380,000, for each fiscal year starting in the
first fiscal year in which aliens described in section
101(a)(15)(Z) become eligible for an immigrant visa, of which
at least 10,000 will be for exceptional aliens of
nonimmigrant status under section 101(a)(15)(Y), plus any
immigrant visas not required for the class specified in
subsection (c), plus
``(ii) the temporary supplemental allocation of additional
visas described in paragraph (2) for nonimmigrants described
in section 101(a)(15)(Z).
``(2) Temporary supplemental allocation.--The temporary
supplemental allocation of visas described in this paragraph
is as follows:
``(A) For the first 5 fiscal years in which aliens
described in section 101(a)(15)(Z) are eligible for an
immigrant visa, the number calculated pursuant to section
503(f)(2) of the Secure Borders, Economic Opportunity, and
Immigration Reform Act of 2007.
``(B) In the sixth fiscal year in which aliens described in
section 101(a)(15)(Z) are eligible for an immigrant visa, the
number calculated pursuant to section 503(f)(3) of Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007.
``(C) Starting in the seventh fiscal year in which aliens
described in section 101(a)(15)(Z) are eligible for an
immigrant visa, the number equal to the number of aliens
described in section 101(a)(15)(Z) who became aliens admitted
for permanent residence based on the merit-based evaluation
system in the prior fiscal year until no further aliens
described in section 101(a)(15)(Z) adjust status.
``(3) Termination of temporary supplemental allocation.--
The temporary supplemental allocation of visas described in
paragraph (2) shall terminate when the number of visas
calculated pursuant to paragraph (2)(C) is zero.
``(4) Limitation.--The temporary supplemental visas
described in paragraph (2) shall not be awarded to any
individual other than an individual described in section
101(a)(15)(Z).''.
(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) The immediate relatives of an alien who is admitted
as a merit-based employer-sponsored immigrant under
subsection 203(b)(5).''.
(d) Effective Date.--The amendments made by this section
shall take effect on the first day of the fiscal year
subsequent to the fiscal year of enactment.

SEC. 502. INCREASING AMERICAN COMPETITIVENESS THROUGH A
MERIT-BASED EVALUATION SYSTEM FOR IMMIGRANTS.

(a) Sense of Congress.--It is the sense of Congress that
the United States benefits from a workforce that has diverse
skills, experience, and training.
(b) Creation of Merit-Based Evaluation System for
Immigrants and Reallocation of Visas.--Section 203(b) (8
U.S.C. 1153(b)) is amended--
(1) by striking paragraphs (1) through (3) and inserting
the following:
``(1) Merit-based immigrants.--Visas shall first be made
available in a number not to exceed 95 percent of such
worldwide level, plus any visas not required for the classes
in paragraphs (2) and (3), to qualified immigrants selected
through a merit-based evaluation system.
``(A) The merit-based evaluation system shall initially
consist of the following criteria and weights:

[[Page S7217]]

------------------------------------------------------------------------
Maximum
``Category                     Description               points
------------------------------------------------------------------------
``Employment               ...................................        47
Occupation                 U.S. employment in specialty
occupation
(as defined by the Department of
Labor)-20 pts
U.S. employment in high demand
occupation (the 30 occupations
that have grown the most in the
preceding 10-year period, as
determined by the Bureau of Labor
Statistics)-16 pts
National interest/         U.S. employment in STEM or health
critical infrastructure    occupation, current for at least 1
year-8 pts (extraordinary or
ordinary)
Employer endorsement       A U.S. employer willing to pay 50%
of a legal permanent resident's
application fee either 1) offers a
job, or 2) attests for a current
employee-6 pts
Experience                 Years of work for U.S. firm-2 pts/
year
(max 10 points)
Age of worker              Worker's age: 25-39-3 points
------------------------------------------------------------------------
``Education                M.D., M.B.A., Graduate degree, etc.-       28
(terminal degree)           20 pts
Bachelor's Degree-16 pts
Associate's Degree-10 pts
High school diploma or GED-6 pts
Completed certified Perkins
Vocational Education program-5 pts
Completed Department of Labor
Registered Apprenticeship-8 pts
STEM, associates and above-8 pts
------------------------------------------------------------------------
``English and civics       Native speaker of English or               15
TOEFL score of 75 or higher-15 pts
TOEFL score of 60-74-10 pts
Pass USCIS Citizenship Tests in
English & Civics-6 pts
------------------------------------------------------------------------
``Extended family          Adult (21 or older) son or daughter        10
(Applied if threshold of   of United States citizen-8 points
55 in above categories)
Adult (21 or older) son or daughter
of a legal permanent resident-6
pts
Sibling of United States citizen or
LPR-4 pts
If had applied for a family visa in
any of the above categories after
May 1, 2005-2 pts
------------------------------------------------------------------------
``Total                    ...................................       100
------------------------------------------------------------------------

------------------------------------------------------------------------
Maximum
``Category                     Description               points
------------------------------------------------------------------------
``Supplemental schedule
for Zs
Agriculture National       Worked in agriculture for 3 years,         25
Interest                   150 days per year-21 pts
Worked in agriculture for 4 years
(150 days for 3 years, 100 days
for 1 year)-23 pts
Worked in agriculture for 5 years,
100 days per year-25 pts
U.S. employment            Year of lawful employment-1 pt             15
experience
Home ownership             Own place of residence-1 pt/year            5
owned
------------------------------------------------------------------------
Medical insurance          Current medical insurance for               5
entire family
------------------------------------------------------------------------

``(B) The Secretary of Homeland Security, after
consultation with the Secretary of Commerce and the Secretary
of Labor, shall establish procedures to adjudicate petitions
filed pursuant to the merit-based evaluation system. The
Secretary may establish a time period in a fiscal year in
which such petitions must be submitted.
``(C) The Standing Commission on Immigration and Labor
Markets established pursuant to section 407 of the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007 shall submit recommendations to Congress concerning the
establishment of procedures for modifying the selection
criteria and relative weights accorded such criteria in order
to ensure that the merit-based evaluation system corresponds
to the current needs of the United States economy and the
national interest.
``(D) No modifications to the selection criteria and
relative weights accorded such criteria that are established
by the Secure Borders, Economic Opportunity, and Immigration
Reform Act of 2007 should take effect earlier than the sixth
fiscal year in which aliens described in section
101(a)(15)(Z) are eligible for an immigrant visa.
``(E) The application of the selection criteria to any
particular visa petition or application pursuant to the
merit-based evaluation system shall be within the Secretary's
sole and unreviewable discretion.
``(F) Any petition filed pursuant to this paragraph that
has not been found by the Secretary to have qualified in the
merit-based evaluation system shall be deemed denied on the
first day of the third fiscal year following the date on
which such petition was filed. Such denial shall not preclude
the petitioner from filing a successive petition pursuant to
this paragraph. Notwithstanding this paragraph, the Secretary
may deny a petition when denial is appropriate under other
provisions of law, including but not limited to section
204(c).'';
``(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'';
(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.

[[Page S7218]]

``(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.''.

______

SA 1404. Ms. CANTWELL (for herself, Mr. Cornyn, Mr. Leahy, Mr. Hatch,
Mr. Bennett, Mr. Schumer, Mr. Warner, Mr. Sununu, Mr. Ensign, and Mr.
Gregg) 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 238, beginning with line 13, strike all through
page 239, line 38, and insert the following:
(c) Granting Dual Intent to Certain Nonimmigrant
Students.--Section 214(h) (8 U.S.C. 1184(h)) is amended--
(1) by striking ``(H)(i)(b) or (c),'' and inserting
``(F)(iv), (H)(i)(b), (H)(i)(c),''; and
(2) by striking ``if the alien had obtained a change of
status'' and inserting ``if the alien had been admitted as,
provided status as, or obtained a change of status''.

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

(a) H-1b Amendments.--Section 214(g) (8 U.S.C. 1184(g)) is
amended--
(1) in paragraph (1)(A), by striking clauses (i) through
(vii) and inserting the following:
``(i) 115,000 in fiscal year 2008;
``(ii) in any subsequent fiscal year, subject to clause
(iii), the number for the previous fiscal year as adjusted in
accordance with the method set forth in paragraph (2); and
``(iii) 180,000 for any fiscal year;''.
(2) in paragraph (9), as redesignated by section 409--
(A) in subparagraph (B)--
(i) in clause (ii), by striking ``The annual numerical
limitations described in clause (i) shall not exceed'' and
inserting ``Without respect to the annual numerical
limitations described in clause (i), the Secretary may issue
a visa or otherwise grant nonimmigrant status pursuant to
section 1101(a)(15)(H)(i)(b) in the following quantities:'';
and
(ii) by striking clause (iv); and
(B) by striking subparagraph (D).
(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 1405. Ms. CANTWELL (for herself, Mr. Cornyn, Mr. Leahy, Mr. Hatch,
Mr. Bennett, Mr. Schumer, Mr. Warner, Mr. Sununu, Mr. Ensign, and Mr.
Gregg) submitted an amendment intended to be proposed by him to the
bill S. 1348, to provide for comprehensive immigration reform and for
other purposes; which was ordered to lie on the table; as follows:

On page 262, beginning with line 10, strike all through
page 265, line 25, and 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.

``(M) The immediate relatives of an alien who is admitted
as a merit-based employer-sponsored immigrant under
subsection 203(b)(5).''.
(d) Effective Date.--The amendments made by this section
shall take effect on the first day of the fiscal year
subsequent to the fiscal year of enactment.

SEC. 502. INCREASING AMERICAN COMPETITIVENESS THROUGH A
MERIT-BASED EVALUATION SYSTEM FOR IMMIGRANTS.

(a) Sense of Congress.--It is the sense of Congress that
the United States benefits from a workforce that has diverse
skills, experience, and training.
(b) Creation of Merit-Based Evaluation System for
Immigrants and Reallocation of Visas.--Section 203(b) (8
U.S.C. 1153(b)) is amended--
(1) by striking paragraphs (1) through (3) and inserting
the following:
``(1) Merit-based immigrants.--Visas shall first be made
available in a number not to exceed 95 percent of such
worldwide level, plus any visas not required for the classes
in paragraphs (2) and (3), to qualified immigrants selected
through a merit-based evaluation system.
``(A) The merit-based evaluation system shall initially
consist of the following criteria and weights:

------------------------------------------------------------------------
Maximum
``Category                     Description               points
------------------------------------------------------------------------
``Employment               ...................................        47
Occupation                 U.S. employment in specialty
occupation
(as defined by the Department of
Labor)-20 pts
U.S. employment in high demand
occupation (the 30 occupations
that have grown the most in the
preceding 10-year period, as
determined by the Bureau of Labor
Statistics)-16 pts
National interest/         U.S. employment in STEM or health
critical infrastructure    occupation, current for at least 1
year-8 pts (extraordinary or
ordinary)
Employer endorsement       A U.S. employer willing to pay 50%
of a legal permanent resident's
application fee either 1) offers a
job, or 2) attests for a current
employee-6 pts

[[Page S7219]]

Experience                 Years of work for U.S. firm-2 pts/
year
(max 10 points)
Age of worker              Worker's age: 25-39-3 points
------------------------------------------------------------------------
``Education                M.D., M.B.A., Graduate degree, etc.-       28
(terminal degree)           20 pts
Bachelor's Degree-16 pts
Associate's Degree-10 pts
High school diploma or GED-6 pts
Completed certified Perkins
Vocational Education program-5 pts
Completed Department of Labor
Registered Apprenticeship-8 pts
STEM, associates and above-8 pts
------------------------------------------------------------------------
``English and civics       Native speaker of English or               15
TOEFL score of 75 or higher-15 pts
TOEFL score of 60-74-10 pts
Pass USCIS Citizenship Tests in
English & Civics-6 pts
------------------------------------------------------------------------
``Extended family          Adult (21 or older) son or daughter        10
(Applied if threshold of   of United States citizen-8 points
55 in above categories)
Adult (21 or older) son or daughter
of a legal permanent resident-6
pts
Sibling of United States citizen or
LPR-4 pts
If had applied for a family visa in
any of the above categories after
May 1, 2005-2 pts
------------------------------------------------------------------------
``Total                    ...................................       100
------------------------------------------------------------------------

------------------------------------------------------------------------
Maximum
``Category                     Description               points
------------------------------------------------------------------------
``Supplemental schedule    ...................................
for Zs
Agriculture National       Worked in agriculture for 3 years,         25
Interest                   150 days per year-21 pts
Worked in agriculture for 4 years
(150 days for 3 years, 100 days
for 1 year)-23 pts
Worked in agriculture for 5 years,
100 days per year-25 pts
U.S. employment            Year of lawful employment-1 pt             15
experience
Home ownership             Own place of residence-1 pt/year            5
owned
Medical insurance          Current medical insurance for               5
entire family
------------------------------------------------------------------------

``(B) The Secretary of Homeland Security, after
consultation with the Secretary of Commerce and the Secretary
of Labor, shall establish procedures to adjudicate petitions
filed pursuant to the merit-based evaluation system. The
Secretary may establish a time period in a fiscal year in
which such petitions must be submitted.
``(C) The Standing Commission on Immigration and Labor
Markets established pursuant to section 407 of the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007 shall submit recommendations to Congress concerning the
establishment of procedures for modifying the selection
criteria and relative weights accorded such criteria in order
to ensure that the merit-based evaluation system corresponds
to the current needs of the United States economy and the
national interest.
``(D) No modifications to the selection criteria and
relative weights accorded such criteria that are established
by the Secure Borders, Economic Opportunity, and Immigration
Reform Act of 2007 should take effect earlier than the sixth
fiscal year in which aliens described in section
101(a)(15)(Z) are eligible for an immigrant visa.
``(E) The application of the selection criteria to any
particular visa petition or application pursuant to the
merit-based evaluation system shall be within the Secretary's
sole and unreviewable discretion.
``(F) Any petition filed pursuant to this paragraph that
has not been found by the Secretary to have qualified in the
merit-based evaluation system shall be deemed denied on the
first day of the third fiscal year following the date on
which such petition was filed. Such denial shall not preclude
the petitioner from filing a successive petition pursuant to
this paragraph. Notwithstanding this paragraph, the Secretary
may deny a petition when denial is appropriate under other
provisions of law, including but not limited to section
204(c).'';
``(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'';
(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

[[Page S7220]]

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.''.

______

SA 1406. Mr. DURBIN (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:

Beginning on page 242, strike line 37 and all that follows
through line 24, on page 250, and insert the following:
``(I) If the employer employs not less than 50 employees in
the United States, not more than 50 percent of such employees
are H-1B nonimmigrants and nonimmigrants described in section
101(a)(15)(L).''.
(e) Wage Determination.--
(1) Change in minimum wages.--Section 212(n)(1) of such
Act, as amended by this section, is further amended--
(A) by amending subparagraph (A) to read as follows:
``(A) The employer--
``(i) is offering and will offer, during the period of
authorized employment, to aliens admitted or provided status
as an H-1B nonimmigrant, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--
``(I) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(II) the median average wage for all workers in the
occupational classification in the area of employment; or
``(III) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and
``(ii) will provide working conditions for such a
nonimmigrant that will not adversely affect the working
conditions of workers similarly employed.''; and
(B) in subparagraph (D), by inserting ``the wage
determination methodology used under subparagraph (A)(i),''
after ``shall contain''.
(2) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.
(f) Prohibition of Outplacement.--
(1) In general.--Section 212(n) of such Act, as amended by
this section, is further amended--
(A) in paragraph (1), by amending subparagraph (F) to read
as follows:
``(F) The employer shall not place, outsource, lease, or
otherwise contract for the placement of an H-1B nonimmigrant
with another employer unless the employer of the alien has
received a waiver under paragraph (2)(E).''; and
(B) in paragraph (2), by amending subparagraph (E) to read
as follows:
``(E) The Secretary of Labor shall promulgate rules, after
notice and a period for comment, for an employer of an H-1B
nonimmigrant to apply for a waiver of the prohibition in
paragraph (1)(F). The decision whether to grant or deny a
waiver under this subparagraph shall be in the sole and
unreviewable discretion of the Secretary. In order to receive
a waiver under this subparagraph, the burden shall be on the
employer seeking the waiver to establish that--
``(i) the placement is for legitimate business purposes and
not to evade the requirements of this subsection;
``(ii) the employer with whom the nonimmigrant would be
placed has not displaced and does not intend to displace a
United States worker employed by the employer within the
period beginning 180 days before and ending 180 days after
the date of the placement of the nonimmigrant with the
employer;
``(iii) the nonimmigrant will not be controlled and
supervised principally by the employer with whom the
nonimmigrant would be placed; and
``(iv) the placement of the nonimmigrant is not essentially
an arrangement to provide labor for hire for the employer
with whom the nonimmigrant will be placed.''.
(2) Application.--The amendments made by paragraph (1)
shall apply to an application filed on or after the date the
rules required section 212(n)(2)(E) of such Act, as amended
by paragraph (1)(B) of this subsection, are issued.
(g) Posting Available Positions.--
(1) Posting available positions.--Section 212(n)(1)(C) of
such Act is amended--
(A) by redesignating clause (ii) as subclause (II);
(B) by striking ``(i) has provided'' and inserting the
following:
``(ii)(I) has provided''; and
(C) by inserting before clause (ii), as redesignated by
subparagraph (B), the following:
``(i) has posted a detailed description of each position
for which a nonimmigrant is sought on the website described
in paragraph (6) of this subsection for at least 30 calendar
days, which description shall include the wages and other
terms and conditions of employment, the minimum education,
training, experience and other requirements for the position,
and the process for applying for the position; and''.
(2) Department of labor website.--Section 212(n) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(6)(A) Not later than 90 days after the date of the
enactment of this paragraph, the Secretary of Labor shall
establish a searchable website for posting positions as
required by paragraph (1)(C). This website shall be publicly
accessible without charge.
``(B) The Secretary may charge a nominal filing fee to
employers who post positions on the website established under
this paragraph to cover expenses for establishing and
administering the website.
``(C) The Secretary may work with private companies and
nonprofit organizations in the development and operation of
the website established under this paragraph.
``(D) The Secretary may promulgate rules, after notice and
a period for comment, to carry out the requirements of this
paragraph.''.
(3) Application.--The amendments made by paragraph (1)
shall apply to an application filed 30 days or more after the
date that the website required by section 212(n)(6) of such
Act, as added by paragraph (2) of this subsection, is
created.
(h) Public Availability and Records Retention.--Section
212(n) of such Act, as amended by this section, is further
amended, by adding at the end the following:
``(7) For each application filed under paragraph (1), the
employer who filed the application shall--
``(A) upon request, provide a copy of the application and
supporting documentation to every nonimmigrant employed by
the employer under the application;
``(B) upon request, make available for public examination
at the employer's place of business or worksite a copy of the
application and supporting documentation;
``(C) upon request, make available a copy of the
application and supporting documentation to the Secretary of
Labor; and
``(D) retain a copy of the application and supporting
documentation for at least 5 years after the date on which
the application is filed.''.

SEC. 421. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

(a) Safeguards Against Fraud and Misrepresentation in
Application Review Process.--Section 212(n)(1)(K) of the
Immigration and Nationality Act, as redesignated by section
2(d)(2), is amended--
(1) by inserting ``and through the Department of Labor's
website, without charge.'' after ``D.C.'';
(2) by inserting ``, clear indicators of fraud,
misrepresentation of material fact,'' after ``completeness'';
(3) by striking ``or obviously inaccurate'' and inserting
``, presents clear indicators of fraud or misrepresentation
of material fact, or is obviously inaccurate'';
(4) by striking ``within 7 days of'' and inserting ``not
later than 14 days after''; and
(5) by adding at the end the following: ``If the
Secretary's review of an application identifies clear
indicators of fraud or misrepresentation of material fact,
the Secretary may conduct an investigation and hearing under
paragraph (2)''.
(b) Investigations by Department of Labor.--Section
212(n)(2) of such Act is amended--
(1) in subparagraph (A)--
(A) by striking ``12 months'' and inserting ``24 months'';
and
(B) by striking ``The Secretary shall conduct'' and all
that follows and inserting ``Upon the receipt of such a
complaint, the Secretary may initiate an investigation to
determine if such a failure or misrepresentation has
occurred.'';
(2) in subparagraph (C)(i)--
(A) by striking ``` condition of paragraph (1)(B), (1)(E),
or (1)(F)'' and inserting ``a condition under subparagraph
(B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)'';
and
(B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``if the Secretary'' and all
that follows and inserting ``with regard to the employer's
compliance with the requirements of this subsection.'';

[[Page S7221]]

(B) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and
inserting ``the Secretary of Labor may conduct an
investigation into the employers compliance with the
requirements of this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(F) in clause (iv), as redesignated, by striking ``meet a
condition described in clause (ii), unless the Secretary of
Labor receives the information not later than 12 months'' and
inserting ``comply with the requirements under this
subsection, unless the Secretary of Labor receives the
information not later than 24 months'';
(G) by amending clause (v), as redesignated, to read as
follows:
``(v) The Secretary of Labor shall provide notice to an
employer of the intent to conduct an investigation. The
notice shall be provided in such a manner, and shall contain
sufficient detail, to permit the employer to respond to the
allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the
Secretary determines that such compliance would interfere
with an effort by the Secretary to investigate or secure
compliance by the employer with the requirements of this
subsection. A determination by the Secretary under this
clause shall not be subject to judicial review.''.
(H) in clause (vi), as redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of Labor,
after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under
this subsection, the Secretary shall provide interested
parties with notice of such determination and an opportunity
for a hearing in accordance with section 556 of title 5,
United States Code, not later than 120 days after the date of
such determination.''; and
(I) by adding at the end the following:
``(vii) If the Secretary of Labor, after a hearing, finds a
reasonable basis to believe that the employer has violated
the requirements under this subsection, the Secretary may
impose a penalty under subparagraph (C).''; and
(4) by striking subparagraph (H).
(c) Information Sharing Between Department of Labor and
Department of Homeland Security.--Section 212(n)(2) of such
Act, as amended by this section, is further amended by
inserting after subparagraph (G) the following:
``(H) The Director of United States Citizenship and
Immigration Services shall provide the Secretary of Labor
with any information contained in the materials submitted by
H-1B employers as part of the adjudication process that
indicates that the employer is not complying with H-1B visa
program requirements. The Secretary may initiate and conduct
an investigation and hearing under this paragraph after
receiving information of noncompliance under this
subparagraph.''.
(d) Audits.--Section 212(n)(2)(A) of such Act, as amended
by this section, is further amended by adding at the end the
following: ``The Secretary may conduct surveys of the degree
to which employers comply with the requirements under this
subsection and may conduct annual compliance audits of
employers that employ H-1B nonimmigrants. The Secretary shall
conduct annual compliance audits of not less than 1 percent
of the employers that employ H-1B nonimmigrants during the
applicable calendar year.''
(e) Penalties.--Section 212(n)(2)(C) of such Act, as
amended by this section, is further amended--
(1) in clause (i)(I), by striking ``$1,000'' and inserting
``$2,000'';
(2) in clause (ii)(I), by striking ``$5,000'' and inserting
``$10,000''; and
(3) in clause (vi)(III), by striking ``$1,000'' and
inserting ``$2,000''.
(f) Information Provided to H-1B Nonimmigrants Upon Visa
Issuance.--Section 212(n) of such Act, as amended by this
section, is further amended by inserting after paragraph (2)
the following:
``(3)(A) Upon issuing an H-1B visa to an applicant outside
the United States, the issuing office shall provide the
applicant with--
``(i) a brochure outlining the employer`s obligations and
the employee's rights under Federal law, including labor and
wage protections; and
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer obligations and workers' rights.
``(B) Upon the issuance of an H-1B visa to an alien inside
the United States, the officer of the Department of Homeland
Security shall provide the applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections; and
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer's obligations and workers' rights.''.
(g) Additional Department of Labor Employees.--
(1) In general.--The Secretary of Labor shall increase by
not less than 200 the number of positions to administer,
oversee, investigate, and enforce programs involving H-1B
nonimmigrant workers.
(2) Funding.--Notwithstanding any other provision of law,
the Secretary of Labor may use amounts in the Fraud
Prevention and Detection Account made available to the
Secretary pursuant to section 286(v)(2)(C) of the Immigration
and Nationality Act (8 U.S.C. 1356(v)(2)(C)) to carry out
paragraph (1).

SEC. 422. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

(a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (E), by striking ``In the case of an
alien spouse admitted under section 101(a)(15)(L), who'' and
inserting ``Except as provided in subparagraph (H), if an
alien spouse admitted under section 101(a)(15)(L)''; and
(3) by adding at the end the following:
``(G)(i) If the beneficiary of a petition under this
subsection is coming to the United States to open, or be
employed in, a new facility, the petition may be approved for
up to 12 months only if the employer operating the new
facility has--
``(I) a business plan;
``(II) sufficient physical premises to carry out the
proposed business activities; and
``(III) the financial ability to commence doing business
immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits an
application to the Secretary of Homeland Security that
contains--
``(I) evidence that the importing employer meets the
requirements of this subsection;
``(II) evidence that the beneficiary meets the requirements
under section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has fully
complied with the business plan submitted under clause
(i)(I);
``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition;
``(VI) evidence that the importing employer, during the
preceding 12 months, has been doing business at the new
facility through regular, systematic, and continuous
provision of goods or services, or has otherwise been taking
commercially reasonable steps to establish the new facility
as a commercial enterprise;
``(VII) a statement of the duties the beneficiary has
performed at the new facility during the preceding 12 months
and the duties the beneficiary will perform at the new
facility during the extension period approved under this
clause;
``(VIII) a statement describing the staffing at the new
facility, including the number of employees and the types of
positions held by such employees;
``(IX) evidence of wages paid to employees;
``(X) evidence of the financial status of the new facility;
and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) Notwithstanding subclauses (I) through (VI) of
clause (ii), and subject to the maximum period of authorized
admission set forth in subparagraph (D), the Secretary of
Homeland Security may approve a petition subsequently filed
on behalf of the beneficiary to continue employment at the
facility described in this subsection for a period beyond the
initially granted 12-month period if the importing employer
demonstrates that the failure to satisfy any of the
requirements described in those subclauses was directly
caused by extraordinary circumstances beyond the control of
the importing employer.
``(iv) For purposes of determining the eligibility of an
alien for classification under section 101(a)(15)(L), the
Secretary of Homeland Security shall work cooperatively with
the Secretary of State to verify a company or facility's
existence in the United States and abroad.''.
(b) Investigations and Audits by Department of Homeland
Security.--
(1) Department of homeland security investigations.--
Section 214(c)(2) of such Act, as amended by this section, is
further amended by adding at the end the following:
``(I)(i) The Secretary of Homeland Security may initiate an
investigation of any employer that employs nonimmigrants
described in section 101(a)(15)(L) with regard to the
employer's compliance with the requirements of this
subsection.
``(ii) If the Secretary of Homeland Security receives
specific credible information from a source who is likely to
have knowledge of an employer's practices, employment
conditions, or compliance with the requirements under this
subsection, the Secretary may conduct an investigation into
the employer's compliance with the requirements of this
subsection. The Secretary may withhold the identity of the
source from the employer, and the source's identity shall not
be subject to disclosure under section 552 of title 5.
``(iii) The Secretary of Homeland Security shall establish
a procedure for any person desiring to provide to the
Secretary of Homeland Security information described in
clause (ii) that may be used, in whole or in part, as the
basis for the commencement of an investigation described in
such clause, to provide the information in writing on a form
developed and provided by the Secretary of

[[Page S7222]]

Homeland Security and completed by or on behalf of the
person.
``(iv) No investigation described in clause (ii) (or
hearing described in clause (vi) based on such investigation)
may be conducted with respect to information about a failure
to comply with the requirements under this subsection, unless
the Secretary of Homeland Security receives the information
not later than 24 months after the date of the alleged
failure.
``(v) Before commencing an investigation of an employer
under clause (i) or (ii), the Secretary of Homeland Security
shall provide notice to the employer of the intent to conduct
such investigation. The notice shall be provided in such a
manner, and shall contain sufficient detail, to permit the
employer to respond to the allegations before an
investigation is commenced. The Secretary is not required to
comply with this clause if the Secretary determines that to
do so would interfere with an effort by the Secretary to
investigate or secure compliance by the employer with the
requirements of this subsection. There shall be no judicial
review of a determination by the Secretary under this clause.
``(vi) If the Secretary of Homeland Security, after an
investigation under clause (i) or (ii), determines that a
reasonable basis exists to make a finding that the employer
has failed to comply with the requirements under this
subsection, the Secretary shall provide interested parties
with notice of such determination and an opportunity for a
hearing in accordance with section 556 of title 5, United
States Code, not later than 120 days after the date of such
determination. If such a hearing is requested, the Secretary
shall make a finding concerning the matter by not later than
120 days after the date of the hearing.
``(vii) If the Secretary of Homeland Security, after a
hearing, finds a reasonable basis to believe that the
employer has violated the requirements under this subsection,
the Secretary may impose a penalty under section
214(c)(2)(J).''.
(2) Audits.--Section 214(c)(2)(I) of such Act, as added by
paragraph (1), is amended by adding at the end the following:
``(viii) The Secretary of Homeland Security may conduct
surveys of the degree to which employers comply with the
requirements under this section and may conduct annual
compliance audits of employers that employ H-1B
nonimmigrants. The Secretary shall conduct annual compliance
audits of not less than 1 percent of the employers that
employ nonimmigrants described in section 101(a)(15)(L)
during the applicable calendar year.''.
(3) Reporting requirement.--Section 214(c)(8) of such Act
is amended by inserting ``(L),'' after ``(H),''.
(c) Penalties.--Section 214(c)(2) of such Act, as amended
by this section, is further amended by adding at the end the
following:
``(J)(i) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a failure by an
employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $2,000 per violation) as
the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 1 year, approve a petition for that
employer to employ 1 or more aliens as such nonimmigrants.
``(ii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 2 years, approve a petition filed for that
employer to employ 1 or more aliens as such nonimmigrants.
``(iii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (L)(i)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the employer shall be liable to employees harmed for
lost wages and benefits.''.
(d) Department of Homeland Security Processing of Blanket
Petition L Visas.--
(1) In general.--Paragraph (2)(A) of section 214(c) of such
Act is amended to read as follows:
``(2)(A) The Secretary of Homeland Security shall provide
for a procedure under which an importing employer which meets
the requirements established by the Secretary of Homeland
Security may file a blanket petition to import aliens as
nonimmigrants described in section 101(a)(15)(L) instead of
filing individual petitions under paragraph (1) to import
such aliens. Such procedure shall permit the expedited
adjudication by the Secretary of Homeland Security of
individual petitions covered under such blanket petitions.
Adjudication of blanket petitions or individual petitions
covered under such blanket petitions may not be delegated by
the Secretary of Homeland Security to the Secretary of
State.''.
(2) Fraud prevention detection fees.--Paragraph (12)(B) of
section 214(c) of such Act is amended to read as follows:
``(B) In addition to any other fees authorized by law, the
Secretary of Homeland Security shall impose a fraud
prevention and detection fee on an employer filing an
individual petition covered under a blanket petition
described in paragraph (2)(A) initially to grant an alien
nonimmigrant status described in section 101(a)(15)(L).''.
(e) Wage Determination.--
(1) Change in minimum wages.--Paragraph (2) of section
214(c) of such Act, as amended by this section, is further
amended by adding at the end the following:
``(K)(i) An employer that employs a nonimmigrant described
in section 101(a)(15)(L) shall--
``(I) offer such nonimmigrant, during the period of
authorized employment, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--

``(aa) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(bb) the median average wage for all workers in the
occupational classification in the area of employment; or
``(cc) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and

``(II) provide working conditions for such nonimmigrant
that will not adversely affect the working conditions of
workers similarly employed.
``(ii) If an employer, in such previous period specified by
the Secretary of Homeland Security, employed 1 or more L-1
nonimmigrants, the employer shall provide to the Secretary of
Homeland Security the Internal Revenue Service Form W-2 Wage
and Tax Statement filed by the employer with respect to such
nonimmigrants for such period.
``(iii) It is a failure to meet a condition under this
subparagraph for an employer, who has filed a petition to
import 1 or more aliens as nonimmigrants described in section
101(a)(15)(L), to--
``(I) require such a nonimmigrant to pay a penalty for
ceasing employment with the employer before a date mutually
agreed to by the nonimmigrant and the employer; or
``(II) fail to offer to such a nonimmigrant, during the
nonimmigrant's period of authorized employment, on the same
basis, and in accordance with the same criteria, as the
employer offers to United States workers, benefits and
eligibility for benefits, including--

``(aa) the opportunity to participate in health, life,
disability, and other insurance plans;
``(bb) the opportunity to participate in retirement and
savings plans; and
``(cc) cash bonuses and noncash compensation, such as stock
options (whether or not based on performance).

``(iv) The Secretary of Homeland Security shall determine
whether a required payment under clause (iii)(I) is a penalty
(and not liquidated damages) pursuant to relevant State
law.''.
(2) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.
(f) Prohibition on Outplacement.--
(1) In general.--Paragraph (2) of section 214(c) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(L)(i) An employer who imports an alien as a nonimmigrant
described in section 101(a)(15)(L) shall not place,
outsource, lease, or otherwise contract for the placement of
the alien with another employer unless the employer of the
alien has received a waiver under clause (ii).
``(ii) The Secretary of Homeland Security shall promulgate
rules, after notice and a period for comment, for an employer
to apply for a waiver of the prohibition set out in clause
(i). The decision whether to grant or deny such a waiver
under this subparagraph shall be in the sole and unreviewable
discretion of the Secretary. In order to receive such a
waiver, the burden shall be on the employer seeking the
waiver to establish that--
``(I) the placement is for legitimate business purposes and
not to evade the requirements of this subsection;
``(II) the employer with whom the nonimmigrant would be
placed has not displaced and does not intend to displace a
United States worker employed by the employer within the
period beginning 180 days before and ending 180 days after
the date of the placement of the nonimmigrant with the
employer;
``(III) the nonimmigrant will not be controlled and
supervised principally by the employer with whom the
nonimmigrant would be placed; and
``(IV) the placement of the nonimmigrant is not essentially
an arrangement to provide labor for hire for the employer
with whom the nonimmigrant will be placed, rather

[[Page S7223]]

than a placement in connection with the provision or a
product or service for which specialized knowledge specific
to the petitioning employer is necessary.''.
(2) Application.--The amendment made by paragraph (1) shall
apply to an application filed on or after the date the rules
required section 212(c)(2)(L)(ii) of such Act, as added by
paragraph (1) of this subsection, are issued.
______

SA 1407. 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:

Beginning on page 238, strike lines 41 and all that follows
through line 21 on page 239, and insert the following:
(2) in paragraph (1), by amending subparagraph (A) to read
as follows:
``(A) under section 101(a)(15)(H)(i)(b) may not exceed
200,000 for each fiscal year; or'';
(3) by striking paragraphs (6), (7), and (8), as
redesignated by section 409(2);
(4) in paragraph (9), as redesignated by section 409(2)--
(A) in subparagraph (B), by striking clause (iv); and
(B) by striking subparagraph (D).
______

SA 1408. 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:

At the appropriate place, insert the following:

SEC. ___. LABOR CONDITION APPLICATION.

Section 212(n)(1) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(1)) is amended--
(1) in subparagraph (D)--
(A) by striking ``(D) The application'' and inserting the
following:
``(D) Specifications.--
``(i) In general.--The application''; and
(B) 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.''; and
(2) in subparagraph (G)(i)--
(A) by striking ``In the case of an application described
in subparagraph (E)(ii), subject'' and inserting ``Subject'';
(B) in subclause (I), by striking ``and'' at the end;
(C) in subclause (II), by striking the period at the end
and inserting ``; and''; and
(D) 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 1409. Mr. SCHUMER (for himself and Mrs. Hutchison) submitted an
amendment intended to be proposed by him to the bill S. 1348, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

On page 281, after line 27, insert the following:

SEC. 509. INCREASING THE DOMESTIC SUPPLY OF NURSES AND
PHYSICAL THERAPISTS.

(a) Report.--
(1) In general.--Not later than January 1, 2008, the
Secretary of Health and Human Services shall submit to
Congress a report on the shortage of nurses and physical
therapists educated in the United States.
(2) Contents.--The report required by paragraph (1) shall--
(A) include information from the most recent 3 years for
which data are available;
(B) provide separate data for each occupation and for each
State;
(C) separately identify the nurses and physical therapists
receiving initial licenses in each State and the nurses and
physical therapists licensed by endorsement from other
States;
(D) identify, from among the nurses and physical therapists
receiving initial licenses in each year, the number of such
nurses and physical therapists who received professional
educations in the United States and the number of such nurses
and physical therapists who received professional educations
outside the United States;
(E) to the extent possible, identify, by State of residence
and the country in which each nurse or physical therapist
received a professional education, the number of nurses and
physical therapists who received professional educations in
any of the 5 countries from which the highest number of
nurses and physical therapists emigrated to the United
States;
(F) identify the barriers to increasing the supply of
nursing faculty in the United States, domestically trained
nurses, and domestically trained physical therapists;
(G) recommend strategies for Federal and State governments
to reduce such barriers, including strategies that address
barriers that prevent health care workers, such as home
health aides and nurse's assistants, from advancing to become
registered nurses;
(H) recommend amendments to Federal law to reduce the
barriers identified in subparagraph (F);
(I) recommend Federal grants, loans, and other incentives
that would increase the supply of nursing faculty and
training facilities for nurses in the United States, and
recommend other steps to increase the number of nurses and
physical therapists who receive professional educations in
the United States;
(J) identify the effects of emigration by nurses on the
health care systems in the countries of origin of such
nurses;
(K) recommend amendments to Federal law to minimize the
effects of shortages of nurses in the countries of origin of
nurses who immigrate to the United States; and
(L) report on the level of Federal investment determined
under subsection (b)(1) to be necessary to eliminate the
shortage of nurses and physical therapists in the United
States.
(b) Consultation.--The Secretary of Health and Human
Services shall--
(1) enter into a contract with the Institute of Medicine of
the National Academies to determine the level of Federal
investment under titles VII and VIII of the Public Health
Service Act (42 U.S.C. 292 et seq.) that would be necessary
to eliminate the shortage of nurses and physical therapists
in the United States by January 1, 2015; and
(2) consult with other agencies in working with ministers
of health or other appropriate officials of the 5 countries
from which the highest number of nurses and physical
therapists emigrated, as reported under subsection (a)(2)(E),
to--
(A) address shortages of nurses and physical therapists in
such countries caused by emigration; and
(B) provide the technical assistance needed to reduce
further shortages of nurses and physical therapists in such
countries.
(c) Recapture of Unused Employment-Based Immigrant Visas.--
(1) In general.--Section 106(d) of the American
Competitiveness in the Twenty-first Century Act of 2000
(Public Law 106-313; 8 U.S.C. 1153 note) is amended--
(A) in paragraph (1)--
(i) by inserting ``1996, 1997,'' after ``available in
fiscal year''; and
(ii) by inserting ``group I,'' after ``schedule A,'';
(B) in paragraph (2)(A), by inserting ``1996, 1997, and''
after ``available in fiscal years''; and
(C) by adding at the end the following:
``(4) Petitions.--The Secretary of Homeland Security shall
provide a process for reviewing and acting upon petitions
with respect to immigrants described in schedule A not later
than 30 days after the date on which a completed petition has
been filed.''.
(2) Applicability.--Notwithstanding any provision of this
Act or any amendment made by this Act, section 106(d) of the
American Competitiveness in the Twenty-first Century Act of
2000 (Public Law 106-313; 8 U.S.C. 1153 note), as amended by
paragraph (1), shall apply to petitions filed on or before
the effective date set forth in section 502(d) of this Act
for classification under paragraph (1), (2), or (3) of
subsection (b), or subsection (d), of section 203 of the the
Immigration and Nationality Act (as such section was in
effect on the day before the date of the enactment of this
Act).
______

SA 1410. 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:

On page 308, strike line 35 and all that follows through
page 314, line 10, and insert the following:
(b) Removal of Aliens Who Have Been Denied Status Under
This Title.--
(1) Aliens who are determined to be ineligible due to
criminal convictions.--
(A) Aggravated felons.--Notwithstanding any other provision
of this Act, an alien whose application for status under this
title has been denied or whose status has been terminated or
revoked by the Secretary under section 601(d)(1)(F)(ii)
because the alien has been convicted of an aggravated felony
(as that term is defined in section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), may
be placed forthwith in proceedings pursuant to section 238(b)
of the Immigration and Nationality Act (8 U.S.C. 1228(b)).
(B) Other criminals.--Notwithstanding any other provision
of this Act, any alien whose application for status under
this title has been denied or whose status has been
terminated or revoked by the Secretary under clause (i),
(iii), or (iv) of section 601(d)(1)(F) may be placed
forthwith in removal proceedings under section 240 of the
Immigration and Nationality Act (8 U.S.C. 1229a).
(C) Final denial, termination or rescission.--The
Secretary's denial, termination, or rescission of the status
of any alien described in subparagraph (A) or (B) shall
represent the exhaustion of all review procedures for
purposes of sections 601(h) (relating to treatment of
applicants) and 601(o) (relating to termination of
proceedings) of this Act, notwithstanding subsection (a)(2)
of this section.

[[Page S7224]]

(2) Limitation on motions to reopen and reconsider.--During
the removal process under this subsection an alien may file
not more than 1 motion to reopen or to reconsider. The
decision of the Secretary or Attorney General regarding
whether to consider any such motion is committed to the
discretion of the Secretary or the Attorney General, as the
case may be.
(c) Judicial Review.--Section 242 of the Immigration and
Nationality Act (8 U.S.C. 1252) is amended by adding at the
end the following:
``(h) Judicial Review of Eligibility Determinations
Relating to Status Under Title VI of the Secure Borders,
Economic Opportunity, and Immigration Reform Act of 2007.--
``(1) Exclusive review.--Notwithstanding any other
provision of law (statutory or nonstatutory), including
section 2241 of title 28, United States Code, (or any other
habeas corpus provision) and sections 1361 and 1651 of such
title, and except as provided in this subsection, no court
shall have jurisdiction to review a determination respecting
an application for status under title VI of the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007, including, a denial, termination, or rescission of such
status.
``(2) Review of a denial, termination, or rescission of
status.--
``(A) Direct review.--
``(i) In general.--A denial, termination, or rescission of
status under section 601 of the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007 shall be
subject to judicial review in accordance with chapter 7 of
title 5, United States Code, before the United States
district court for the district in which the person resides,
if the petition for review is filed not later than 30 days
after the later of the date of the denial, termination, or
rescission and the date of the mailing thereof.
``(ii) Review.--For any petition filed under clause (i)--

``(I) the court shall review the challenge to the denial,
termination, or rescission of status on the administrative
record on which the denial, termination, or rescission by the
Secretary of Homeland Security was based; and
``(II) an alien may file not more than 1 motion to reopen
or reconsider proceedings brought under this section.

``(B) Review after removal proceedings.--A denial,
termination, or rescission of status under section 601 of the
Secure Borders, Economic Opportunity, and Immigration Reform
Act of 2007 may be subject to judicial review in conjunction
with judicial review of an order of removal, deportation, or
exclusion if the validity of the denial, termination, or
rescission of status has not been upheld in a prior judicial
proceeding under subparagraph (A). Notwithstanding any other
provision of law, the standard of review of such a denial,
termination, or rescission of status shall be governed by
subparagraph (C).
``(C) Standard for judicial review.--Judicial review of the
denial, termination, or rescission of status by the Secretary
of Homeland Security under title VI of the Secure Borders,
Economic Opportunity, and Immigration Reform Act of 2007,
relating to any alien shall be based on the administrative
record before the Secretary when the Secretary enters a final
denial, termination, or rescission. The court may reverse or
remand any final decision that is found to be arbitrary,
capricious, unsupported by substantial evidence, or otherwise
not in accordance with law.
``(D) Stay of removal.--An alien seeking administrative or
judicial review under this subsection shall not be removed
from the United States until a final decision is rendered on
the appeal of that alien.
``(E) Confidentiality.--Information furnished or otherwise
developed in judicial review proceedings shall be subject to
the terms of section 604 of the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007, relating to
confidentiality. Appropriate measures shall be taken to
ensure the confidentiality of this information, such as
redacting identifying information from filings or, where
necessary, filing documents under seal.
``(3) Challenges on validity of the system.----
``(A) In general.--Any claim that title VI of the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007, or any regulation, written policy, or written directive
issued or unwritten policy or practice initiated by or under
the authority of the Secretary of Homeland Security to
implement that title, violates the Constitution of the United
States or is otherwise in violation of law may be made
exclusively in an action instituted in an appropriate United
States district court in accordance with the procedures under
this paragraph. Nothing in this subparagraph shall preclude
an applicant for status under title VI of the Secure Borders,
Economic Opportunity, and Immigration Reform Act of 2007 from
asserting that an action taken or decision made by the
Secretary with respect to the status of the applicant under
that title was contrary to law in a proceeding under section
603 of the Secure Borders, Economic Opportunity, and
Immigration Reform Act of 2007.
``(B) Deadlines for bringing actions.--Any action
instituted by a person or entity under this paragraph--
``(i) if it asserts a claim that title VI of the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007, or any regulation, written policy, or written directive
issued by or under the authority of the Secretary of Homeland
Security to implement that title, violates the Constitution
of the United States or is otherwise unlawful, shall be filed
not later than 1 year after the date of the publication or
promulgation of the challenged regulation, policy, or
directive or, in cases challenging the validity of that Act,
not later than 1 year after the date of the initial
application of the provision being challenged; and
``(ii) if it asserts a claim that an unwritten policy or
practice initiated by or under the authority of the Secretary
violates the Constitution of the United States or is
otherwise unlawful, be filed not later than 1 year after the
date that plaintiff knew or reasonably should have known of
the unwritten policy or practice.
``(C) Class actions.--Any claim described in subparagraph
(A) that is brought as a class action shall be brought in
conformity with the Class Action Fairness Act of 2005 (Public
Law 109-2; 119 Stat. 4), the amendments made by that Act, and
the Federal Rules of Civil Procedure.
``(D) Preclusive effect.--The final disposition of any
claim brought under subparagraph (A) shall be preclusive of
any such claim asserted in a subsequent proceeding under this
subsection or under section 603 the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007.
``(E) Exhaustion and stay of proceedings.--No claim brought
under this paragraph shall require the plaintiff to exhaust
administrative remedies under section 603 of the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007.''.

SEC. 604. MANDATORY DISCLOSURE OF INFORMATION.

(a) In General.--Except as otherwise provided in this
section, no Federal department or agency, nor any officer,
employee, or contractor of such department or agency, may--
(1) use the information furnished by an applicant under
section 601, 602, or 603 or the fact that the applicant
applied for such Z status for any purpose other than to make
a determination on the application, or any subsequent
application, to extend such status under section 601, or to
adjust status to that of an alien lawfully admitted for
permanent residence under section 602;
(2) make or release any publication through which the
information furnished by any particular applicant can be
identified; or
(3) permit any person, other than an officer, employee, or
contractor of such department or agency, or other entity
approved by the Secretary of Homeland Security, to examine
individual applications that have been filed under section
601, 602, or 603.
(b) Exceptions to Confidentiality.--
(1) In general.--Subsection (a) shall not apply with
respect to--
(A) an alien whose application has been denied, terminated,
or revoked based on a finding by the Secretary of Homeland
Security that the alien--
(i) is inadmissible under paragraph (2), (3), (6)(C)(i)
(with respect to information furnished by an applicant under
section 601 or 602 of this Act), or (6)(E) of section 212(a)
of the Immigration and Nationality Act (8 U.S.C. 1182(a));
(ii) is deportable under paragraph (1)(E), (1)(G), (2), or
(4) of the section 237(a) of the Immigration and Nationality
Act (8 U.S.C. 1227(a)); or
(iii) was physically removed and is subject to
reinstatement pursuant to section 241(a)(5) of the
Immigration and Nationality Act (8 U.S.C. 1231(a)(5));
(B) an alien whose application for Z nonimmigrant status
has been denied, terminated, or revoked under section
601(d)(1)(F);
(C) an alien whom the Secretary determines has ordered,
incited, assisted, or otherwise participated in the
persecution of any person on account of race, religion,
nationality, membership in a particular social group, or
political opinion;
(D) an alien whom the Secretary determines has, in
connection with the application of that alien under section
601 or 602, engaged in fraud or willful misrepresentation,
concealment of a material fact, or knowingly offered a false
statement, representation or document; or
(E) an order from a court of competent jurisdiction.

______

SA 1411. 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:

Strike section 202 and insert the following:

SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.

(a) In General.--Section 241(a) (8 U.S.C. 1231(a)) is
amended--
(1) by striking ``Attorney General'' each place it appears,
except for the first reference in paragraph (4)(B)(i), and
inserting ``Secretary of Homeland Security'';
(2) in paragraph (1)--
(A) by amending subparagraph (C) to read as follows:
``(C) Extension of period.--
``(i) In general.--The removal period shall be extended
beyond a period of 90 days and the alien may remain in
detention during

[[Page S7225]]

such extended period if, during the removal period, the
alien--

``(I) fails or refuses to make timely application in good
faith for travel or other documents necessary to the alien's
departure; or
``(II) conspires or acts to prevent the alien's removal.

``(ii) Effect of seeking stay of removal.--An alien who
seeks a stay of removal before an immigration judge, the
Board of Immigration Appeals, or a Federal judge, shall not
for that reason be deemed to be conspiring or acting to
prevent the alien's removal.
``(iii) Applicability of administrative and judicial review
provisions.--A determination to extend the removal period
under this subparagraph beyond 180 days shall be made in
accordance with the requirements of paragraph (9) and shall
be subject to the administrative and judicial review
provisions of such paragraph.''; and
(B) by adding at the end the following new subparagraph:
``(D) Aliens not in the custody of the secretary.--
``(i) Delay of removal period.--If, on the date determined
under subparagraph (B), the alien is not in the custody of
the Secretary of Homeland Security under the authority of
this Act, the removal period shall not begin until the alien
is taken into such custody.
``(ii) Tolling of removal period.--If the Secretary
lawfully transfers custody of the alien during the removal
period to another Federal agency or to a State or local
government agency in connection with the official duties of
such agency, the removal period shall be tolled until the
date on which the alien is returned to the custody of the
Secretary.'';
(3) in paragraph (2)--
(A) by striking ``During the'' and inserting the following:
``(A) In general.--During the''; and
(B) by adding at the end the following new subparagraph:
``(B) Detention during stay of removal.--If a court, the
Board of Immigration Appeals, or an immigration judge orders
a stay of removal of an alien who is subject to an
administrative final order of removal, the Secretary, in the
exercise of the Secretary's discretion, may detain the alien
during the pendency of such stay of removal.'';
(4) by amending paragraph (3)(D) to read as follows:
``(D) to obey reasonable restrictions on the alien's
conduct or activities, or to perform affirmative acts, that
the Secretary prescribes for the alien--
``(i) to prevent the alien from absconding; or
``(ii) for the protection of the community.'';
(5) in paragraph (6), by striking ``beyond the removal
period'' and inserting ``for an additional 90 days'';
(6) by redesignating paragraph (7) as paragraph (10); and
(7) by inserting after paragraph (6) the following new
paragraphs:
``(7) Parole.--
``(A) In general.--If an alien detained pursuant to
paragraph (6) is an applicant for admission, the Secretary of
Homeland Security, in the Secretary's discretion, may parole
the alien under section 212(d)(5) and may provide,
notwithstanding section 212(d)(5), that the alien shall not
be returned to custody unless either the alien violates the
conditions of the alien's parole or the alien's removal
becomes reasonably foreseeable.
``(B) Admission status.--An alien described in subparagraph
(A) shall in no circumstance be considered admitted.
``(8) Authority to detain for 90 days beyond removal
period.--The Secretary, in the exercise of the Secretary's
discretion, may detain an alien for 90 days beyond the
removal period if the removal of the alien is reasonably
foreseeable.
``(9) Additional rules for detention or release of
aliens.--The following procedures shall apply to an alien
detained under this section:
``(A) Regulations.--
``(i) In general.--The Secretary of Homeland Security shall
prescribe regulations to establish an administrative process
by which the Secretary shall determine--

``(I) whether an alien's removal period should be extended
beyond 180 days pursuant to paragraph (1)(C); or
``(II) if the removal period is not extended, whether the
alien should be detained or released beyond the removal
period (or beyond the additional 90-day detention period if
such a period is authorized under paragraph (6) or (8)).

``(ii) Limitation on detention.--The Secretary may detain
an alien while a determination under clause (i) is pending
only if the Secretary has initiated the administrative
process established pursuant to clause (i) not later than 30
days after the expiration of the relevant period.
``(B) Evidence.--In making a determination under
subparagraph (A)(i), the Secretary--
``(i) shall consider any evidence submitted by the alien;
``(ii) may consider any other evidence, including--

``(I) any information or assistance provided by the
Department of State or other Federal agency; and
``(II) any other information available to the Secretary of
Homeland Security pertaining to the ability to remove the
alien that otherwise would be admissible before an
immigration judge.

``(C) Authority to detain for additional period.--The
Secretary may detain an alien beyond the periods described in
this subsection for additional periods of 180 days, renewable
under subparagraph (D), until the alien is removed, if the
Secretary--
``(i) determines that there is a significant likelihood
that the alien will be removed in the reasonably foreseeable
future;
``(ii) determines that the alien--

``(I) has failed to make timely application in good faith
for travel or other documents necessary to secure the alien's
departure; or
``(II) has otherwise conspired or acted to prevent his
removal and there would be a significant likelihood of that
the alien would be removed in the reasonably foreseeable
future in the absence of such failure or conspiracy; or

``(iii) certifies in writing--

``(I) after consultation with the Secretary of Health and
Human Services, that the alien has a highly contagious
disease that poses a threat to public safety, in which case
the alien may be detained only in a civil medical facility;
``(II) pursuant to section 236A, that there are reasonable
grounds to believe that the release of the alien would
threaten the national security of the United States;
``(III) that--

``(aa) the alien has been convicted of 1 or more aggravated
felonies (as defined in section 101(a)(43)(A)), 1 or more
attempts or conspiracies to commit any such aggravated
felonies, or 1 or more crimes of violence (as defined in
section 16 of title 18, United States Code, but not including
a purely political offense), for which the alien has served
an aggregate term of imprisonment of not less than 5 years;
and
``(bb) the Secretary has reason to believe that, because of
a mental condition or personality disorder and behavior
associated with such condition or disorder, the alien is
likely to engage in acts of violence in the future or the
alien's release would otherwise threaten the safety of the
community or any person, notwithstanding any conditions of
release, in which case the person shall be referred for civil
commitment proceedings in the State in which the alien
resides or, if the alien does not reside in a State, the
State in which the alien is being detained.
``(D) Renewal of detention.--The Secretary may renew a
determination or certification made under subparagraph (C)
every 180 days after providing the alien with an opportunity
to request reconsideration of the determination or
certification and to submit documents or other evidence in
support of such request. If the Secretary determines that
continued detention is not warranted, the Secretary shall
release the alien pursuant to subparagraph (G).
``(E) Nondelegation of detention determinations.--
Notwithstanding any other provision of law, the Secretary may
not delegate the authority provided under subparagraphs (C)
and (D) to any employee below the level of Assistant
Secretary for U.S. Immigration and Customs Enforcement.
``(F) Review of detention determinations.--
``(i) Review by immigration judge.--A determination by the
Secretary of Homeland Security to detain an alien under
subparagraph (C) or (D) or to redetain an alien under
subparagraph (H) shall be subject to review by an immigration
judge in accordance with regulations to be prescribed by the
Attorney General. Such regulations shall require an
immigration judge to complete the review within 90 days. An
immigration judge shall uphold the determination of the
Secretary only if the Secretary establishes by clear and
convincing evidence that the detention of the alien is
authorized under subparagraph (C), (D), or (H).
``(ii) Time periods for administrative review.--For
purposes of this subparagraph, a failure by the Secretary to
reach a determination within 90 days of initiating the
administrative process described in subparagraph (A) shall be
treated as a determination to detain the alien.
``(iii) Review in federal court.--Notwithstanding any other
provision of law, judicial review of an alien's detention
under this section shall be available--

``(I) through only habeas corpus proceedings under section
2241 of title 28, United States Code; and
``(II) in the District Court of the United States in the
district where the alien is detained or where removal
proceedings against the alien were initiated.

``(G) Release on conditions.--If the Secretary determines
that an alien should be released from detention, the
Secretary may impose conditions on the release of the alien
in accordance with the regulations prescribed pursuant to
paragraph (3), including with respect to the use of
electronic monitoring devices, the use of Federal or State
mental or substance abuse treatment programs, and adherence
to parole and probation requirements for aliens to whom such
requirements apply under Federal or State law.
``(H) Redetention.--The Secretary may detain any alien
subject to a final removal order who has previously been
released from custody only if--
``(i) the alien fails to comply with the conditions of the
alien's release; or
``(ii) upon reconsideration, the Secretary determines that
the alien can be detained under subparagraph (C) or (D).
``(I) Applicability.--This paragraph and paragraphs (6) and
(7) shall apply to any

[[Page S7226]]

alien returned to custody under subparagraph (H) as if the
removal period terminated on the day of the alien's
redetention.''.
(b) Effective Date.--The amendments made by subsection
(a)--
(1) shall take effect on the date of the enactment of this
Act; and
(2) shall apply to--
(A) any alien subject to a final administrative removal,
deportation, or exclusion order that was issued before, on,
or after the date of the enactment of this Act, unless--
(i) that order was issued and the alien was subsequently
released or paroled before the date of the enactment of this
Act; and
(ii) the alien has complied with and remains in compliance
with the terms and conditions of such release or parole; and
(B) any act or condition occurring or existing before, on,
or after the date of the enactment of this Act.
______

SA 1412. 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:

On page 39, strike line 28 and all that follows through
page 47, line 13.
______

SA 1413. 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 88, line 32, strike ``(2) Definition of employer.--
'' and all that follows through line 34.
______

SA 1414. Mrs. LINCOLN (for herself and Mr. Coleman) 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 1, insert the following:
(e) Passport Applications.--
(1) In general.--The programs referred to in subsection (a)
shall not become effective until the Secretary of State
submits a written certification to the President and Congress
stating that the Department of State is processing and
adjudicating passport applications for United States citizens
in 6 weeks or less.
(2) Presidential progress report.--The report required
under subsection (c) shall describe the progress made in
satisfying the requirement under paragraph (1).
______

SA 1415. Mrs. HUTCHISON (for herself, Mr. Grassley, Mr. Ensign, Mr.
Allard, and Ms. Landrieu) 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:

Strike section 607 and insert the following:

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

(a) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by striking subsection (c) and
inserting the following new subsections:
``(c)(1) Except as provided in paragraph (2), for purposes
of subsections (a) and (b), no quarter of coverage shall be
credited for any calendar year beginning on or after January
1, 2004, with respect to an individual who is not a natural-
born United States citizen, unless the Commissioner of Social
Security determines, on the basis of information provided to
the Commissioner in accordance with an agreement entered into
under subsection (d) or otherwise, that the individual was
authorized to be employed in the United States during such
quarter.
``(2) Paragraph (1) shall not apply to an individual who
was assigned a social security account number prior to
January 1, 2004.
``(d) Not later than 180 days after the date of the
enactment of this subsection, the Secretary of Homeland
Security shall enter into an agreement with the Commissioner
of Social Security to provide such information as the
Commissioner determines necessary to carry out the limitation
on crediting quarters of coverage under subsection (c).''.
(b) Benefit Computation.--Section 215(e) of the Social
Security 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(c).''.
(c) Effective Date.--The amendments made by this section
shall apply to benefit applications filed on or after the
date that is 180 days after the date of the enactment of this
Act based on the wages or self-employment income of an
individual with respect to whom a primary insurance amount
has not been determined under title II of the Social Security
Act (42 U.S.C. 401 et seq.) before such date.
______

SA 1416. 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:

Beginning on page 295, strike line 18 and all that follows
through page 296, line 7, and insert the following:
(ii) English language and civics.--

(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 must demonstrate an
attempt to gain an understanding of the English language and
knowledge of United States civics by taking the
naturalization test described in paragraphs (1) and (2) of
section 312(a) of the Immigration and Nationality Act (8
U.S.C. 1423(a)) and by demonstrating enrollment in or
placement on a waiting list for English classes.
(II) Requirement at second renewal.--At or before the time
of application for the second extension of Z nonimmigrant
status, an alien who is 18 years of age or older must pass
the naturalization test described in such paragraphs (1) and
(2) of such section 312(a).
(III) Requirement at third renewal.--At or before the time
of application for the third extension of Z nonimmigrant
status, an alien who is 18 years of age or older must take
the Test of English as a Foreign Language (TOEFL)
administered by the Educational Testing Service.
(IV) Requirement at fourth renewal.--At or before the time
of application for the fourth extension of Z nonimmigrant
status, an alien who is 18 years of age or older must retake
the TOEFL and receive the lower of--

(aa) a score of not less than 70; or
(bb) a score of not less than 20 points higher than the
score the alien received when the alien took the TOEFL
pursuant to subclause (III).

(V) Exception.--The requirements of subclauses (I), (II),
(III), and (IV) 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--

______

SA 1417. 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 288, between lines 32 and 33, insert the following:
(9) Good moral character.--The alien shall establish that
the alien has been a person of good moral character, as
described in section 101(f) of the Immigration and
Nationality Act (8 U.S.C. 1101(f)), for the entire period of
the alien's unlawful presence in the United States.
______

SA 1418. 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 3, line 25 insert the following new subsection:
(6) The U.S. Visit System: The integrated entry and exit
data system required by 8 U.S.C. 1365a (Section 110 of the
Illegal Immigration Reform and Immigration Responsibility Act
of 1996), which is already 17 months past its required
implementation date of December 21, 2005, has been fully
implemented and is functioning at every land, sea, and air
port of entry.
______

SA 1419. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

Strike page 10, line 32 through page 11, line 11 and insert
the following:
``Section 236(a)(2) (8 U.S.C. 1226(a)(2)) is amended--
(1) by adding ``, and'' at the end of subsection (a)(3),
and
(2) by adding a new subsection (a)(4) that reads ``may not
provide the alien with release on bond or with conditional
parole if the alien is a national of a noncontiguous country,
has not been admitted or paroled into the United States, and
was apprehended within 100 miles of the international border
of the United States or presents a flight risk, as determined
by the secretary of Homeland Security.''
______

SA 1420. 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 52, between line 18 and 19, insert the following:
``(D) knowingly violates for a period of 90 days or more
the terms or conditions of the alien's admission or parole
into the United States.''

[[Page S7227]]

______

SA 1421. 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 52, between line 18 and 19, insert the following:
(D) knowingly violates for a period of 90 days or more the
terms or conditions of the alien's admission or parole into
the United States.
______

SA 1422. 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, insert the following:
Notwithstanding any other provision of this Act a Y-1
Nonimmigrant:
(1) may be extended for an indefinite number of subsequent
two-year periods, as long as each two-year period is
separated by physical presence outside the United States for
the immediate prior 12 months,
(2) may not be accompanied by their spouse and dependents
for any of their 2 year periods of work in the United States,
and
(3) may not sponsor a family member to visit them in the
United States under the ``parent visa'' created by Section
506 of this Act.
______

SA 1423. 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:

In the appropriate place in Sec. 506(a), strike the
following sentence:
``The requirement that the alien have a residence in a
foreign country which the alien has no intention of
abandoning shall not apply to an alien described in section
214(s) who is seeking to enter as a temporary visitor for
pleasure;''
______

SA 1424. 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 501, insert the following subsection:
(d) Notwithstanding any other provision of this Act for
each fiscal year starting with the enactment of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007, 10,000 of the immigrant visas set aside under 503(c) of
this Act for parents will be made available to aliens seeking
immigrant visas under section 203(b) of the Immigration and
Nationality Act based on achieving a score in the top 10
percentile on the Scholastic Aptitude Test (SAT) or the
American College Testing (ACT) placement exam for that year.
The test, the SAT or the ACT, must be taken in English for
the immigrant to qualify. If more than 10,000 foreign
applicants with the requisite SAT or ACT score apply, then
the top 10,000 of the pool of applicants for that year will
receive immigrant visas.
______

SA 1425. 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:

In the appropriate place in Sections 501 and 502, strike
the ``supplemental schedule for Zs'' in its entirety and at
the end of Section 502(b), insert a new subsection (G) that
reads:
(G) Notwithstanding any other provision of this Act, aliens
described in section 101(a)(15)(Z) of this Act must compete
with all other applicants through the merit based evaluation
system established under this subsection for merit based
immigrant visas available under section 501 of this Act.
______

SA 1426. 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:

In the appropriate place in Sections 501 and 502, strike
the ``supplemental schedule for Zs'' in its entirety and at
the end of Section 502(b), insert new subsections (G) and (H)
that read:
``(G) Notwithstanding any other provision of this Act,
aliens described in section 101(a)(15)(Z) of this Act must
achieve the same point threshold required for all other
applicants to the merit based evaluation system established
under this subsection.
``(H) Aliens described in section 101 (a)(15)(Z) shall be
exempt from the annual cap on merit based green card as set
by Section 501 of this Act.
______

SA 1427. 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:

In the appropriate place on page 295, line 18 through page
296, line 2, insert the following changes:
Page 295, line 29, insert ``and'' between ``(2)'' and ``by
demonstrating'';
Strike Page 295, line 38--page 296, line 2;
Adding a new (III) that reads: ``Requirement at Third
Renewal.--At or before the time of application for the third
extension of Z nonimmigrant status, an alien who is 18 years
of age or older must take the TOEFL test which is
administered by the Educational Testing Service.'';
Adding a new (IV) that reads: ``Requirement at Fourth
Renewal.--At or before the time of application for the fourth
extension of Z nonimmigrant status, an alien who is 18 years
of age or older must take the TOEFL test as administered by
the Educational Testing Service and receive a score 20 points
higher than the first time they took the TOEFL test for the
third renewal, or a score of 70, whichever is lower.'';
Changing (III) to (V) on page 296 line 3;
On p. 296 line 4, strike ``(I) and (II)'' and insert ``(I),
(II)'' (III), and (IV)''.
______

SA 1428. 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:

In the appropriate place in section 601(e), insert the
following at the end of section 601(e)(8):
``(9) Good Moral Character.--To be eligible for any Z
nonimmigrant status, the alien must establish that the alien
has been a person of good moral character, as defined in 8
U.S.C. Sec. 1101(f), I.N.A. Sec. 101(f), for his or her
entire period of illegal presence in the United States.
______

SA 1429. 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:

In the appropriate place in section (f)(2), strike the last
sentence of subsection (2).
______

SA 1430. 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:

In the appropriate place in section (f)(2), strike the last
sentence of subsection (2).
______

SA 1431. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

Strike Section 607, and replace with the following:

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

(a) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by:
(1) amending subsection (c) by deleting ``For'' and
inserting ``Except as provided in subsection (e), for''; and
(2) adding at the end the following new subsections:
``(d)(1) Except as provided in paragraph (2) and subsection
(e), for purposes of this section and for purposes of
determining a qualifying quarter of coverage under 8 U.S.C.
1612(b)(2)(B), no quarter of coverage shall be credited if,
with respect to any individual who is assigned a social
security account number:
(a) such quarter of coverage is earned prior to the year in
which such social security account number is assigned; or
(b) if such quarter of coverage was earned after the
individuals visa or work authorization had expired.''.
``(2) Paragraph (1) shall not apply with respect to any
quarter of coverage earned by an individual who satisfies the
criterion specified in subsection (c)(2).
``(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 of 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) Effective date--The amendment made by subsection (a)
that provides for a new section 214(e) of the Social Security
Act shall be effective with respect to applications for
benefits filed after the sixth month following the month this
Act is enacted.
______

SA 1432. Mr. SESSIONS submitted an amendment intended to be proposed
by

[[Page S7228]]

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 10, strike line 30 and all that follows through
page 11, line 11, and insert the following:

SEC. 113. DETENTION OF ALIENS FROM NONCONTIGUOUS COUNTRIES.

Section 236(a) (8 U.S.C. 1226(a)) is amended--
(1) in paragraph (1), by striking ``and'' at the end;
(2) in paragraph (2)(B), by striking ``but'' at the end;
(3) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end the following:
``(4) may not provide the alien with release on bond or
with conditional parole if the alien--
``(A) is a national of a noncontiguous country;
``(B) has not been admitted or paroled into the United
States; and
``(C) was apprehended within 100 miles of the international
border of the United States or presents a flight risk, as
determined by the Secretary of Homeland Security.''.
______

SA 1433. 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 265, between lines 30 and 31, insert the following:
(d) Visas for High Achieving Foreign Students.--
(1) In general.--Notwithstanding any other provision of
this Act, any amendment made by this Act, or any other
provision of law, for each fiscal year beginning after the
date of the enactment of this Act, 10,000 of the immigrant
visas allocated by section 203(a)(1) of the Immigration and
Nationality Act for parents of a citizen of the United States
shall be made available to aliens seeking immigrant visas
under section 203(b) of the Immigration and Nationality Act
who--
(A) achieve a score in the top 10th percentile on the
Scholastic Aptitude Test or the American College Testing
placement exam administered in that fiscal year; and
(B) take the exams described in subparagraph (A) in the
English language.
(2) Limitation.--If more than 10,000 aliens described in
paragraph (1) apply for immigrant visas in a fiscal year, the
10,000 such aliens with the highest scores on the exams
described in paragraph (1)(A) shall receive immigrant visas.
______

SA 1434. 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 276, beginning on line 38, strike ``. The
requirement that the alien have a residence in a foreign
country which the alien has no intention of abandoning shall
not apply to an alien described in section 214(s) who is
seeking to enter as a temporary visitor for pleasure''.
______

SA 1435. 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 316, line 16, insert ``or, if such quarter of
coverage is earned after the individual's visa or work
authorization has expired'' before the period at the end.
______

SA 1436. 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 260, strike line 3 and all that follows through
page 268, line 35, and insert the following:

SEC. 501. REBALANCING OF IMMIGRANT VISA ALLOCATION.

(a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C.
1151(c)) is amended to read as follows:
``(c) Worldwide Level of Family-Sponsored Immigrants.--
``(1) For each fiscal year until visas needed for petitions
described in section 503(f)(2) of the Secure Borders,
Economic Opportunity, and Immigration Reform Act of 2007
become available, the worldwide level of family-sponsored
immigrants under this subsection is 567,000 for petitions for
classifications under section 203(a), plus any immigrant
visas not required for the class specified in subsection (d).
``(2) Except as provided in paragraph (1), the worldwide
level of family-sponsored immigrants under this subsection
for a fiscal year is 127,000, plus any immigrant visas not
required for the class specified in subsection (d).''.
(b) Merit-Based Immigrants.--Section 201(d) (8 U.S.C.
1151(d)) is amended to read as follows:
``(d) Worldwide Level of Merit-Based, Special, and
Employment Creation Immigrants.--The worldwide level of
merit-based, special, and employment creation immigrants
under this subsection--
``(1) for the first 5 fiscal years shall be equal to the
number of immigrant visas made available to aliens seeking
immigrant visas under section 203(b) for fiscal year 2005,
plus any immigrant visas not required for the class specified
in subsection (c), of which--
``(A) at least 10,000 will be for exceptional aliens in
nonimmigrant status under section 101(a)(15)(Y); and
``(B) 90,000 will be for aliens who were the beneficiaries
of an application that was pending or approved on the
effective date of this section, as described in section
502(d) of the Secure Borders, Economic Opportunity, and
Immigration Reform Act of 2007;
``(2) starting in the sixth fiscal year, shall be equal to
140,000 for each fiscal year until aliens described in
section 101(a)(15)(Z) first become eligible for an immigrant
visa, plus any immigrant visas not required for the class
specified in subsection (c), of which--
``(A) at least 10,000 will be for exceptional aliens in
nonimmigrant status under section 101(a)(15)(Y); and
``(B) not more than 90,000 will be for aliens who were the
beneficiaries of an application that was pending or approved
on the effective date of this section, as described in
section 502(d) of the `Secure Borders, Economic Opportunity,
and Immigration Reform Act of 2007'; and
``(3) 380,000, for each fiscal year starting in the first
fiscal year in which aliens described in section
101(a)(15)(Z) become eligible for an immigrant visa, of which
at least 10,000 will be for exceptional aliens of
nonimmigrant status under section 101(a)(15)(Y), plus any
immigrant visas not required for the class specified in
subsection (c).''.
(c) Effective Date.--The amendments made by this section
shall take effect on the first day of the fiscal year
subsequent to the fiscal year of enactment.

SEC. 502. INCREASING AMERICAN COMPETITIVENESS THROUGH A
MERIT-BASED EVALUATION SYSTEM FOR IMMIGRANTS.

(a) Sense of Congress.--It is the sense of Congress that
the United States benefits from a workforce that has diverse
skills, experience, and training.
(b) Creation of Merit-Based Evaluation System for
Immigrants and Reallocation of Visas.--Section 203(b) (8
U.S.C. 1153(b)) is amended--
(1) by striking paragraphs (1) through (3) and inserting
the following:
``(1) Merit-based immigrants.--Visas shall first be made
available in a number not to exceed 95 percent of such
worldwide level, plus any visas not required for the classes
in paragraphs (2) and (3), to qualified immigrants selected
through a merit-based evaluation system.
``(A) The merit-based evaluation system shall initially
consist of the following criteria and weights:

------------------------------------------------------------------------
Maximum
``Category                     Description               points
------------------------------------------------------------------------
``Employment               ...................................        47
Occupation                 U.S. employment in specialty
occupation
(as defined by the Department of
Labor)-20 pts
U.S. employment in high demand
occupation (the 30 occupations
that have grown the most in the
preceding 10-year period, as
determined by the Bureau of Labor
Statistics)-16 pts
National interest/         U.S. employment in STEM or health
critical infrastructure    occupation, current for at least 1
year-8 pts (extraordinary or
ordinary)
Employer endorsement       A U.S. employer willing to pay 50%
of a legal permanent resident's
application fee either 1) offers a
job, or 2) attests for a current
employee-6 pts
Experience                 Years of work for U.S. firm-2 pts/
year
(max 10 points)
Age of worker              Worker's age: 25-39-3 points
------------------------------------------------------------------------
``Education                M.D., M.B.A., Graduate degree, etc.-       28
(terminal degree)           20 pts
Bachelor's Degree-16 pts
Associate's Degree-10 pts
High school diploma or GED-6 pts
Completed certified Perkins
Vocational Education program-5 pts
Completed Department of Labor
Registered Apprenticeship-8 pts
STEM, associates and above-8 pts
------------------------------------------------------------------------
``English and civics       Native speaker of English or               15
TOEFL score of 75 or higher-15 pts
TOEFL score of 60-74-10 pts
Pass USCIS Citizenship Tests in
English & Civics-6 pts
------------------------------------------------------------------------

[[Page S7229]]

``Extended family          Adult (21 or older) son or daughter        10
(Applied if threshold of   of United States citizen-8 points
55 in above categories)
Adult (21 or older) son or daughter
of a legal permanent resident-6
pts
Sibling of United States citizen or
LPR-4 pts
If had applied for a family visa in
any of the above categories after
May 1, 2005-2 pts
------------------------------------------------------------------------
``Total                    ...................................       100
------------------------------------------------------------------------

``(B) The Secretary of Homeland Security, after
consultation with the Secretary of Commerce and the Secretary
of Labor, shall establish procedures to adjudicate petitions
filed pursuant to the merit-based evaluation system. The
Secretary may establish a time period in a fiscal year in
which such petitions must be submitted.
``(C) The Standing Commission on Immigration and Labor
Markets established pursuant to section 407 of the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007 shall submit recommendations to Congress concerning the
establishment of procedures for modifying the selection
criteria and relative weights accorded such criteria in order
to ensure that the merit-based evaluation system corresponds
to the current needs of the United States economy and the
national interest.
``(D) No modifications to the selection criteria and
relative weights accorded such criteria that are established
by the Secure Borders, Economic Opportunity, and Immigration
Reform Act of 2007 should take effect earlier than the sixth
fiscal year in which aliens described in section
101(a)(15)(Z) are eligible for an immigrant visa.
``(E) The application of the selection criteria to any
particular visa petition or application pursuant to the
merit-based evaluation system shall be within the Secretary's
sole and unreviewable discretion.
``(F) Any petition filed pursuant to this paragraph that
has not been found by the Secretary to have qualified in the
merit-based evaluation system shall be deemed denied on the
first day of the third fiscal year following the date on
which such petition was filed. Such denial shall not preclude
the petitioner from filing a successive petition pursuant to
this paragraph. Notwithstanding this paragraph, the Secretary
may deny a petition when denial is appropriate under other
provisions of law, including but not limited to section
204(c).
``(G) Notwithstanding any other provision of this Act or
the Secure Borders, Economic Opportunity, and Immigration
Reform Act of 2007, aliens described in section 101(a)(15)(Z)
shall compete with all other applicants through the merit
based evaluation system established under this subsection for
merit based immigrant visas available under section
201(d).'';
(2) by redesignating paragraphs (4) through (6) as
paragraphs (2) through (4), respectively;
(3) in paragraph (2), as redesignated--
(A) by striking ``7.1 percent'' and inserting ``4,200'';
and
(B) striking ``5,000'' and inserting ``2,500''; and
(4) in paragraph (3), as redesignated--
(A) by striking ``7.1 percent'' and inserting ``2,800'';
and
(B) striking ``3,000'' and inserting ``1,500''.
(c) Procedure for Granting Immigrant Status.--Section
204(a)(1) (8 U.S.C. 1154(a)(1)) is amended by striking
subparagraphs (E) and (F).
(d) Effective Date.--
(1) In general.--Subject to paragraph (2), the amendments
made by this section shall take effect on the first day of
the fiscal year subsequent to the fiscal year of enactment,
unless such date is less than 270 days after the date of
enactment, in which case the amendments shall take effect on
the first day of the following fiscal year.
(2) Pending and approved petitions and applications.--
Petitions for an employment-based visa filed for
classification under paragraph (1), (2), or (3) of section
203(b) of the Immigration and Nationality Act (8 U.S.C.
1153(b) (as such provisions existed prior to the enactment of
this section) that were filed prior to the date of the
introduction of the Secure Borders, Economic Opportunity, and
Immigration Reform Act of 2007 and were pending or approved
at the time of the effective date of this section, shall be
treated as if such provisions remained effective and an
approved petition may serve as the basis for issuance of an
immigrant visa. Aliens with applications for a labor
certification pursuant to section 212(a)(5)(A) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A))
shall preserve the immigrant visa priority date accorded by
the date of filing of such labor certification application.
(e) Conforming Amendments.--
(1) Section 201 (8 U.S.C. 1151) is amended by striking
``employment-based'' each place it appears and inserting
``merit-based''.
(2) Section 202 (8 U.S.C. 1152) is amended by striking
``employment-based'' each place it appears and inserting
``merit-based''.
(3) Section 203(b) (8 U.S.C. 1153(b)) is amended--
(A) by amending the matter preceding paragraph (1) to read
as follows:
``(b) Preference Allocation for Merit-Based, Special, and
Employment Creation Immigrants.--Aliens subject to the
worldwide level specified in section 201(d) for merit-based,
special, and employment creation immigrants in a fiscal year
shall be allotted visas as follows:'';
(B) in paragraph (6)(B)(i)--
(i) by striking ``employment-based'' and inserting ``merit-
based''; and
(ii) by striking ``paragraphs (1), (2), and (3)'' and
inserting ``paragraph (1)''; and
(C) in paragraph (6)(B)(iii)--
(i) by striking ``employment-based'' and inserting ``merit-
based''; and
(ii) by striking ``each of paragraphs (1) through (3)'' and
inserting ``paragraph (1)''.
(4) Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended by
striking subparagraph (D).
(5) Section 213A(f) (8 U.S.C. 1183a(f)) is amended--
(A) by striking paragraph (4);
(B) by striking paragraph (5) and inserting the following:
``(4) Non-petitioning cases.--Such term also includes an
individual who does not meet the requirement of paragraph
(1)(D) but who is a spouse, parent, mother-in-law, father-in-
law, sibling, child (if at least 18 years of age), son,
daughter, son-in-law, daughter-in-law, sister-in-law,
brother-in-law, grandparent, or grandchild of a sponsored
alien or a legal guardian of a sponsored alien, meets the
requirements of paragraph (1) (other than subparagraph (D)),
and executes an affidavit of support with respect to such
alien in a case in which--
``(A) the individual petitioning under section 204 for the
classification of such alien died after the approval of such
petition; and
``(B) the Secretary of Homeland Security has determined for
humanitarian reasons that revocation of such petition under
section 205 would be inappropriate.'';
(C) by redesignating paragraph (6) as paragraph (5); and
(D) by striking ``(6)'' and inserting ``(5)''.
(6) Section 212(a) (8 U.S.C. 1182(a)) is amended by
striking paragraph (5).
(7) Section 218(g)(3) (8 U.S.C. 1188) is amended by
striking paragraph (3) and redesignating paragraph (4) as
paragraph (3).
(8)(A) Section 207(c)(3) (8 U.S.C. 1157(c)(3)) is amended
by striking ``, (5),'' in the first sentence.
(B) Section 209(c) (8 U.S.C. 1159(c)) is amended by
striking ``, (5),'' in the second sentence.
(C) Section 210(c)(2)(A) (8 U.S.C. 1160(c)(2)(A)) is
amended by striking ``paragraphs (5) and'' and inserting
``paragraph''.
(D) Section 237(a)(1)(H)(i)(II) (8 U.S.C.
1227(a)(1)(H)(i)(II)) is amended by striking ``paragraphs (5)
and'' and inserting ``paragraph''.
(E) Section 245(h)(2)(A) (8 U.S.C. 1255(h)(2)(A)) is
amended by striking ``, (5)(A),''.
(F) Section 245A(d)(2)(A) (8 U.S.C. 1255a(d)(2)(A)) is
amended by striking ``paragraphs (5) and'' and inserting
``paragraph''.
(G) Section 286(s)(6) (8 U.S.C. 1356(s)(6)) is amended by
striking ``and section 212(a)(5)(A)''.
(f) References to Secretary of Homeland Security.--
(1) Section 203 (8 U.S.C. 1153) is amended by striking
``Attorney General'' each place it appears and inserting
``Secretary of Homeland Security''.
(2) Section 204 (8 U.S.C. 1154) is amended by striking
``Attorney General'' each place it appears, except for
section 204(f)(4)(B), and inserting ``Secretary of Homeland
Security''.
______

SA 1437. 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(a), insert the following:
(7) US-VISIT system.--The integrated entry and exit data
system required to be fully implemented by December 31, 2005,
under section 110 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), has
been fully implemented and is functioning at every land, sea,
and air port of entry into the United States.
______

SA 1438. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

Strike Section 606 and replace with,

SEC. 606. ENUMERATION OF SOCIAL SECURITY NUMBER.

The Secretary of Homeland Security, in coordination with
the Commissioner of the Social Security Administration, shall
implement a system to allow for the prompt enumeration of a
Social Security number after the Secretary of Homeland
Security has granted an alien Z nonimmigrant status.
______

SA 1439. 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:

[[Page S7230]]

Beginning on page 262, strike line 34 and all that follows
through page 265, line 15, and insert the following:
``(A) The merit-based evaluation system shall initially
consist of the following criteria and weights:

------------------------------------------------------------------------
Maximum
``Category                     Description               points
------------------------------------------------------------------------
``Employment               ...................................        47
Occupation                 U.S. employment in specialty
occupation
(as defined by the Department of
Labor)--20 pts
U.S. employment in high demand
occupation (the 30 occupations
that have grown the most in the
preceding 10-year period, as
determined by the Bureau of Labor
Statistics)--16 pts
National interest/         U.S. employment in STEM or health
critical infrastructure    occupation, current for at least 1
year--8 pts (extraordinary or
ordinary)
Employer endorsement       A U.S. employer willing to pay 50%
of a legal permanent resident's
application fee either 1) offers a
job, or (2) attests for a current
employee--6 pts
Experience                 Years of work for U.S. firm--2 pts/
year
(max 10 points)
Age of worker              Worker's age: 25-39--3 pts
------------------------------------------------------------------------
``Education                M.D., M.B.A., Graduate degree,             28
(terminal degree)           etc.--20 pts
Bachelor's Degree--16 pts
Associate's Degree--10 pts
High school diploma or GED--6 pts
Completed certified Perkins
Vocational Education program--5
pts
Completed Department of Labor
Registered Apprenticeship--8 pts
STEM, associates and above--8 pts
------------------------------------------------------------------------
``English and civics       Native speaker of English or               15
TOEFL score of 75 or higher--15 pts
TOEFL score of 60-74--10 pts
Pass USCIS Citizenship Tests in
English & Civics--6 pts
------------------------------------------------------------------------
``Extended family          Adult (21 or older) son or daughter        10
(Applied if threshold of   of United States citizen--8 pts
55 in above categories)
Adult (21 or older) son or daughter
of a legal permanent resident--6
pts
Sibling of United States citizen or
LPR--4 pts
If had applied for a family visa in
any of the above categories after
May 1, 2005--2 pts
------------------------------------------------------------------------
``Total                    ...................................       100
------------------------------------------------------------------------

``(B) The Secretary of Homeland Security, after
consultation with the Secretary of Commerce and the Secretary
of Labor, shall establish procedures to adjudicate petitions
filed pursuant to the merit-based evaluation system. The
Secretary may establish a time period in a fiscal year in
which such petitions must be submitted.
``(C) The Standing Commission on Immigration and Labor
Markets established pursuant to section 407 of the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007 shall submit recommendations to Congress concerning the
establishment of procedures for modifying the selection
criteria and relative weights accorded such criteria in order
to ensure that the merit-based evaluation system corresponds
to the current needs of the United States economy and the
national interest.
``(D) No modifications to the selection criteria and
relative weights accorded such criteria that are established
by the Secure Borders, Economic Opportunity, and Immigration
Reform Act of 2007 should take effect earlier than the sixth
fiscal year in which aliens described in section
101(a)(15)(Z) are eligible for an immigrant visa.
``(E) The application of the selection criteria to any
particular visa petition or application pursuant to the
merit-based evaluation system shall be within the Secretary's
sole and unreviewable discretion.
``(F) Any petition filed pursuant to this paragraph that
has not been found by the Secretary to have qualified in the
merit-based evaluation system shall be deemed denied on the
first day of the third fiscal year following the date on
which such petition was filed. Such denial shall not preclude
the petitioner from filing a successive petition pursuant to
this paragraph. Notwithstanding this paragraph, the Secretary
may deny a petition when denial is appropriate under other
provisions of law, including but not limited to section
204(c).
``(G) Notwithstanding any other provision of this Act, an
alien seeking Z nonimmigrant status pursuant to section
101(a)(15)(Z) shall--
``(i) be subject to the requirements of the merit-based
evaluation system in the same manner and to the same extent
as aliens seeking visas under this section; and
``(ii) shall be exempt from the worldwide level of merit-
based, special, and employment creation immigrants provided
under section 201(d).''.
______

SA 1440. Mrs. HUTCHISON (for herself, Mr. Corker, and Mr. Alexander)
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 Title VI and insert the following:

TITLE VI--NONIMMIGRANTS IN THE UNITED STATES PREVIOUSLY IN UNLAWFUL
STATUS

SEC. 601.

(a) In General.--Notwithstanding any other provision of law
(including section 244(h) of the Immigration and Nationality
Act (hereinafter ``the Act'') (8 U.S.C. 1254a(h)), the
Secretary may permit an alien, or dependent of such alien,
described in this section, to remain lawfully in the United
States under the conditions set forth in this Title.
(b) Definition of Z Nonimmigrants.--Section 101(a)(15) of
the Act (8 U.S.C. 1101(a)(15)) is amended by inserting at the
end the following new subparagraph:
``(Z) subject to Title VI of the [Insert title of Act], an
alien who--
``(i) is physically present in the United States, has
maintained continuous physical presence in the United States
since January 1, 2007, is employed, and seeks to continue
performing labor, services or education; or
``(ii) is physically present in the United States, has
maintained continuous physical presence in the United States
since January 1, 2007, and
``(I) is the spouse or parent (65 years of age or older) of
an alien described in (i); or
``(II) was, within two years of the date on which [NAME OF
THIS ACT] was introduced, 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.
``(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
January 1, 2007, and was born to or legally adopted by at
least one parent who is at the time of application described
in (i) or (ii).''
(c) Presence in the United States.--
(1) In general.--The alien shall establish that the alien
was not present in lawful status in the United States on
January 1, 2007, under any classification described in
section 101 (a)(15) of the Act (8 U.S.C. 1101(a)(15)) or any
other immigration status made available under a treaty or
other multinational agreement that has been ratified by the
Senate.
(2) Continuous presence.--For purposes of this section, an
absence from the United States without authorization for a
continuous period of 90 days or more than 180 days in the
aggregate shall constitute a break in continuous physical
presence.
(d) Other Criteria.--
(1) Grounds of ineligibility.--An alien is ineligible for Z
nonimmigrant status if the Secretary determines that the
alien--
(A)(i) is inadmissible to the United States under section
212(a) of the Act (8 U.S.C. 1182(a)), provided that to be
deemed inadmissible, nothing in this paragraph shall require
the Secretary to have commenced removal proceedings against
an alien;
(B) is subject to the execution of an outstanding
administratively final order of removal, deportation, or
exclusion;
(C) is described in or is subject to section 241(a)(5) of
the Act;
(D) has ordered, incited, assisted, or otherwise
participated in the persecution of any person on account of
race, religion, nationality, membership in a particular
social group, or political opinion;
(E) is an alien--
(i) for whom there are reasonable grounds for believing
that the alien has committed a serious criminal offense as
described in section 101(h) of the Act outside the United
States before arriving in the United States; or
(ii) for whom there are reasonable grounds for regarding
the alien as a danger to the security of the United States;
or
(F) has been convicted of--
(i) a felony;
(ii) an aggravated felony as defined at section 101(a)(43)
of the Act;
(iii) 3 or more misdemeanors under Federal or State law; or
(iv) a serious criminal offense as described in section
101(h) of the Act;
(G) has entered or attempted to enter the United States
illegally on or after January 1, 2007; and
(H) with respect to an applicant for Z-2 or Z-3
nonimmigrant status, a Z-2 nonimmigrant, or a Z-3
nonimmigrant who is under 18 years of age, the alien is
ineligible for Z nonimmigrant status if the principal 2-1
nonimmigrant or 2-1 nonimmigrant status applicant is
ineligible.

[[Page S7231]]

(I) The Secretary may in his discretion waive ineligibility
under subparagraph (B) or (C) if the alien has not been
physically removed from the United States and if the alien
demonstrates that his departure from the United States would
result in extreme hardship to the alien or the alien's
spouse, parent or child.
(2) Grounds of inadmissibility.--
(A) In general.--In determining an alien's admissibility
under paragraph (1)(A)--
(i) paragraphs (6)(A)(i) (with respect to an alien present
in the United States without being admitted or paroled before
the date of application, but not with respect to an alien who
has arrived in the United States on or after January 1,
2007), (6)(B), (6)(C)(i), (6)(C)(ii), (6)(D), (6)(F), (6)(G),
(7), (9)(B), (9)(C)(i)(I), and (10)(B) of section 212(a) of
the Act shall not apply, but only with respect to conduct
occurring or arising before the date of application;
(ii) the Secretary may not waive--
(I) subparagraph (A), (B), (C), (D)(ii), (E), (F), (G),
(H), or (I) of section 212(a)(2) of the Act (relating to
criminals);
(II) section 212(a)(3) of the Act (relating to security and
related grounds);
(iii) with respect to an application for Z nonimmigrant
status, section 212(a)(6)(C)(i) of the Act;
(IV) paragraph (6)(A)(i) of section 212(a) of the Act (with
respect to any entries occurring on or after January 1,
2007);
(V) section 212(a)(9)(C)(i)(II);
(VI) subparagraph (A), (C), or (D) of section 212(a)(10) of
the Act (relating to polygamists, child abductors, and
unlawful voters);
(iii) the Secretary may in his discretion waive the
application of any provision of section 212(a) of the Act not
listed in subparagraph (B) on behalf of an individual alien
for humanitarian purposes, to ensure family unity, or if such
waiver is otherwise in the public interest; and
(B) Construction.--Nothing in this paragraph shall be
construed as affecting the authority of the Secretary other
than under this paragraph to waive the provisions of section
212(a) of the Act.
(e) Eligibility Requirements.--To be eligible for Z
nonimmigrant status an alien shall meet the following and any
other applicable requirements set forth in this section:
(I) Eligibility.--The alien must not fall within a class of
aliens ineligible for Z nonimmigrant status listed under
subsection (d)(1).
(2) Admissibility.--The alien must not be inadmissible as a
nonimmigrant to the United States under section 212, except
as provided in subsection (d)(2), regardless of whether the
alien has previously been admitted to the United States.
(3) Presence.--To be eligible for Z-1 or Z-2 nonimmigrant
status, or for nonimmigrant status under section
101(a)(15)(Z)(iii)(I), the alien must--
(A) have been physically present in the United States
before January 1, 2007, and have maintained continuous
physical presence in the United States since that date;
(B) be physically present in the United States on the date
of application for Z nonimmigrant status; and
(C) be on January 1,2007, and on the date of application
for Z nonimmigrant status, not present in lawful status in
the United States under any classification described in
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) or any other immigration status made
available under a treaty or other multinational agreement
that has been ratified by the Senate.
(4) Employment.--An alien seeking Z-1 nonimmigrant status
must be employed in the United States on the date of filing
of the application for Z-1 nonimmigrant status.
(5) Fees and Penalties.--
(A) Processing fees.--
(i) An alien making an initial application for Z
nonimmigrant status shall be required to pay a processing fee
in an amount sufficient to recover the full cost of
adjudicating the application, but no more than $1,500 for a
single Z nonimmigrant.
(ii) An alien applying for extension of his Z nonimmigrant
status shall be required to pay a processing fee in an amount
sufficient to cover administrative and other expenses
associated with processing the extension application, but no
more than $1,500 for a single Z nonimmigrant.
(B) Penalties.--
(i) An alien making an initial application for Z-l
nonimmigrant status shall be required to pay, in addition to
the processing fee in subparagraph (A), a penalty of $1,000.
(ii) An alien making an initial application for Z-1
nonimmigrant status shall be required to pay a $500 penalty
for each alien seeking Z-2 or Z-3 nonimmigrant status
derivative to the Z-1 applicant.
(iii) An alien who is a Z-2 or Z-3 nonimmigrant and who has
not previously been a Z-1 nonimmigrant, and who changes
status to that of a Z-1 nonimmigrant, shall in addition to
processing fees be required to pay the initial application
penalties applicable to
Z-1 nonimmigrants.
(C) State impact assistance fee.--In addition to any other
amounts required to be paid under this subsection, an alien
making an initial application for Z-l nonimmigrant status
shall be required to pay a State impact assistance fee equal
to $500.
(D) Deposit and spending of fees.--The processing fees
under subparagraph (A) shall be deposited and remain
available until expended as provided by sections 286(m) and
(n).
(E) Deposit, allocation, and spending of penalties.--
(i) Deposit of penalties.--The penalty under subparagraph
(B) shall be deposited and remain available as provided by
section 286(w).
(ii) Deposit of state impact assistance funds.--The funds
under subparagraph (C) shall be deposited and remain
available as provided by section 286(x).
(6) Home application.--An alien granted probationary status
under subsection (h) shall not be eligible for Z nonimmigrant
status until the alien has completed the following home
application requirements:
(i) Home application for Z nonimmigrant visa.--An alien
awarded probationary status who seeks to become a Z-l or Z-A
nonimmigrant must, within two years of being awarded a secure
ID card under subsection j), perfect the alien's application
for Z-l or Z-A nonimmigrant status at a United States
consular office by submitting a supplemental certification in
accordance with the requirements set forth in subparagraph
(ii). The alien shall present his secure ID card at the
United States consular office which shall then be marked or
embossed with a designation as determined by the Secretaries
of State and Homeland Security which will distinguish the
card as satisfying all Z-l or Z-A requirements. The
probationary status of an alien seeking to become a Z-l or Z-
A nonimmigrant who fails to complete the requirements of this
paragraph shall be terminated in accordance with subsection
(o)(l)(G).
(ii) Consular application.--
(I) In general.--An alien granted probationary status who
seeks to become a Z-l or Z-A nonimmigrant must perfect the
alien's application by filing a supplemental certification in
person at a United States consulate abroad within two years
of being awarded a secure ID card under subsection (j).
(II) Place of application.--Unless otherwise directed by
the Secretary of State, an alien in probationary status who
is seeking to become a Z-l or Z-A nonimmigrant shall file a
supplemental certification at a consular office in the
alien's country of origin. A consular office in a country
that is not the alien's country of origin as a matter of
discretion may, or at the direction of the Secretary of State
shall, accept a supplemental certification from such an
alien.
(III) Contents of supplemental certification.--An alien in
probationary status who is seeking to become a Z-l or Z-A
nonimmigrant shall certify, in addition to any other
certifications specified by the Secretary, that the alien has
during the period of the alien's probationary status remained
continuously employed in accordance with the requirements of
subsection (m) and has paid all tax liabilities owed by the
alien pursuant to the procedures set forth in section
602(a)(8). An alien making a false certification under this
subparagraph shall be terminated pursuant to subsection
(0)(1)(C).
(iii) Exemptions.--Subparagraphs (i) and (ii) shall not
apply to an alien who, on the date on which the alien is
granted a secure ID card under subsection (j), is exempted
from the employment requirements under subsection
(m)(1)(B)(iii).
(iv) Failure to establish lawful admission to the united
states.--Unless exempted under subparagraph (iii), an alien
in probationary status who is seeking to become a Z-l or
Z-A nonimmigrant who fails to depart and reenter the United
States in accordance with subparagraphs (i) and (ii) may not
be issued a Z-l or Z-A nonimmigrant visa under this section.
(v) Dependents.--An alien in probationary status who is
seeking to become a Z-2, Z-3 or Z-A dependent nonimmigrant
shall be awarded Z-2, Z-3 or Z-A dependent nonimmigrant
status upon satisfaction of the requirements set forth in
subparagraphs (i) and (ii) by the principal Z-1 or Z-A
nonimmigrant. An alien in probationary status who is seeking
to become a Z-2, Z-3 or Z-A dependent nonimmigrant and whose
principal Z-1 or Z-A nonimmigrant fails to satisfy the
requirements of subparagraphs (i) and (ii) may not be issued
a Z-2, Z-3 or Z-A dependent nonimmigrant visa under this
section unless the principal Z-1 or Z-A alien is exempted
under subparagraph (iii).
(7) Interview.--An applicant for Z nonimmigrant status must
appear to be interviewed.
(8) Military selective service.--The alien shall establish
that if the alien is within the age period required under the
Military Selective Service Act (50 U.S.C. App. 451 et seq.)
that such alien has registered under that Act.
(f) Application Procedures.--
(1) In general.--The Secretary of Homeland SecUrity shall
prescribe by notice in the Federal Register, in accordance
with the procedures described in section 610 of the [NAME OF
THIS ACT], the procedures for an alien in the United States
to apply for Z nonimmigrant status and the evidence required
to demonstrate eligibility for such status.
(2) Initial receipt of applications.--The Secretary of
Homeland Security, or such other entities as are authorized
by the Secretary to accept applications under the procedures
established under this subsection, shall accept applications
from aliens for Z nonimmigrant status for a period of one
year starting the first day of the first month beginning no
more than 180 days after the date of enactment of this
section. If, during the one-year initial period for the
receipt of applications for Z nonimmigrant status, the
Secretary of Homeland Security determines that additional
time is required to register applicants for Z nonimmigrant
status, the

[[Page S7232]]

Secretary may in his discretion extend the period for
accepting applications by up to 12 months.
(3) Biometric data.--Each alien applying for Z nonimmigrant
status must submit biometric data in accordance with
procedures established by the Secretary of Homeland Security.
(4) Home application.--No alien shall be awarded Z
nonimmigrant status until the alien has completed the home
application requirement set forth in subsection (e)( 6).
(g) Content of Application Filed by Alien.--
(1) Application form.--The Secretary of Homeland Security
shall create an application form that an alien shall be
required to complete as a condition of obtaining probationary
status.
(2) Application information.--
(A) In general.--The application form shall request such
information as the Secretary deems necessary and appropriate,
including but not limited to, information concerning the
alien's physical and mental health; complete criminal
history, including all arrests and dispositions; gang
membership, renunciation of gang affiliation; immigration
history; employment history; and claims to United States
citizenship.
(B) Status.--An alien applying for Z nonimmigrant status
shall be required to specify on the application whether the
alien ultimately seeks to be awarded Z-1, Z-2, or Z-3
nonimmigrant status.
(3) Security and law enforcement background checks.--
(A) Submission of fingerprints.--The Secretary may not
accord Z nonimmigrant status unless the alien submits
fingerprints and other biometric data in accordance with
procedures established by the Secretary.
(B) Background checks.--The Secretary shall utilize
fingerprints and other biometric data provided by the alien
to conduct appropriate background checks of such alien to
search for criminal, national security, or other law
enforcement actions that would render the alien ineligible
for classification under this section.
(h) Treatment of applicants.--
(1) In general.--An alien who files an application for Z
nonimmigrant status shall, upon submission of any evidence
required under paragraphs (f) and (g) and after the Secretary
has conducted appropriate background checks, to include name
and fingerprint checks, that have not by the end of the next
business day produced information rendering the applicant
ineligible--
(A) be granted probationary status in the form of
employment authorization pending final adjudication of the
alien's application;
(B) may in the Secretary's discretion receive advance
permission to re-enter the United States pursuant to existing
regulations governing advance parole;
(C) may not be detained for immigration purposes,
determined inadmissible or deportable, or removed pending
final adjudication of the alien's application, unless the
alien is determined to be ineligible for Z nonimmigrant
status; and
(D) may not be considered an unauthorized alien (as defined
in section 274A(h)(3) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(3)) unless employment authorization under
subparagraph (A) is denied.
(2) Timing of probationary status.--No alien shall be
granted probationary status until the alien has passed all
appropriate background checks or the end of the next business
day, whichever is sooner.
(3) Construction.--Nothing in this section shall be
construed to limit the Secretary's authority to conduct any
appropriate background and security checks subsequent to
issuance of evidence of probationary benefits under
paragraph (4).
(4) Probationary card.--The Secretary shall provide each
alien described in paragraph (1) with a counterfeit-resistant
document that reflects the benefits and status set forth in
that paragraph. The Secretary may by regulation establish
procedures for the issuance of documentary evidence of
probationary status and, except as provided herein, the
conditions under which such documentary evidence expires,
terminates, or is renewed. All documentary evidence of
probationary benefits shall expire no later than six months
after the date on which the Secretary begins to issue secure
ID cards under subsection (j).
(5) Before application period.--If an alien is apprehended
between the date of enactment and the date on which the
period for initial registration closes under subsection
(f)(2), and the alien can establish prima facie eligibility
for Z nonimmigrant status, the Secretary shall provide the
alien with a reasonable opportunity to file an application
under this section after such regulations are promulgated.
(6) During certain proceedings.--Notwithstanding any
provision of the Act, if the Secretary determines that an
alien who is in removal proceedings is prima facie eligible
for Z nonimmigrant status, then the Secretary shall
affirmatively communicate such determination to the
immigration judge. The immigration judge shall then terminate
or administratively close such proceedings and permit the
alien a reasonable opportunity to apply for such
classification.
(i) Adjudication of Application Filed by Alien.--
(1) In general.--The Secretary may approve the issuance of
a secure ID card, as described in subsection (0), to an
applicant for a Z nonimmigrant visa who satisfies the
requirements of this section.
(2) Evidence of continuous physical presence, employment,
or education.--
(A) Presumptive documents.--A Z nonimmigrant or an
applicant for Z nonimmigrant status may presumptively
establish satisfaction of each required period of presence,
employment, or study by submitting records to the Secretary
that demonstrate such presence, employment, or study, and
that the Secretary verifies have been maintained by the
Social Security Administration, the Internal Revenue Service,
or any other Federal, State, or local government agency.
(B) Verification.--Each Federal agency, and each State or
local government agency, as a condition of receipt of any
funds under
Section 286(x), shall within 90 days of enactment ensure
that procedures are in place under which such agency shall--
(i) consistent with all otherwise applicable laws,
including but not limited to laws governing privacy, provide
documentation to an alien upon request to satisfy the
documentary requirements of this paragraph; or
(ii) notwithstanding any other provision of law, including
section 6103 of title 26, United States Code, provide
verification to the Secretary of documentation offered by an
alien as evidence of
(a) presence or employment required under this section, or
(b) a requirement for any other benefit under the
immigration laws.
(C) Other documents.--A Z nonimmigrant or an applicant for
Z nonimmigrant status who is unable to submit a document
described in subparagraph (A) may establish satisfaction of
each required period of presence, employment, or study by
submitting to the Secretary at least 2 other types of
reliable documents that provide evidence of employment,
inc1uding--
(I) bank records;
(II) business records;
(III) employer records;
(IV) records of a labor union or day labor center;
(V) remittance records;
(VI) sworn affidavits from nonrelatives who have direct
knowledge of the alien's work, that contain--
(a) the name, address, and telephone number of the affiant;
(b) the nature and duration of the relationship between the
affiant and the alien; and (c) other verification or
information.
(D) Additional documents.--The Secretary may--
(i) designate additional documents to evidence the required
period of presence, employment, or study; and
(ii) set such terms and conditions on the use of affidavits
as is necessary to verify and confirm the identity of any
affiant or otherwise prevent fraudulent submissions.
(3) Burden of proof.--An alien who is applying for a Z
nonimmigrant visa under this section shall prove, by a
preponderance of the evidence, that the alien has satisfied
the requirements of this section.
(4) Denial of application.--
(i) An alien who fails to satisfy the eligibility
requirements for a Z nonimmigrant visa shall have his
application denied and may not file additional applications.
(ii) An alien who fails to submit requested initial
evidence, including requested biometric data, and requested
additional evidence by the date required by the Secretary
shall, except where the alien demonstrates to the
satisfaction of the Secretary that such failure was
reasonably excusable or was not willful, have his application
considered abandoned. Such application shall be denied and
the alien may not file additional applications.
(j) Secure ID Card Evidencing Status.--
(1) In general.--Documentary evidence of status shall be
issued to each Z nonimmigrant.
(2) Features of secure ID card.--Documentary evidence of Z
nonimmigrant status:
(A) shall be machine-readable, tamper-resistant, and shall
contain a digitized photograph and other biometric
identifiers that can be authenticated;
(B) shall be designed in consultation with U.S. Immigration
and Customs Enforcement's Forensic Document Laboratory;
(C) shall, during the alien's authorized period of
admission under subsection (k), serve as a valid travel and
entry document for the purpose of applying for admission to
the United States where the alien is applying for admission
at a Port of Entry.
(D) may be accepted during the period of its validity by an
employer as evidence of employment authorization and identity
under section 274A(b)(1)(B); and
(E) shall be issued to the Z nonimmigrant by the Secretary
of Homeland Security promptly after final adjudication of
such alien's application for Z nonimmigrant status, except
that an alien may not be granted permanent Z nonimmigrant
status until all appropriate background checks on the alien
are completed to the satisfaction of the Secretary of
Homeland Security.
(k) Period of Authorized Admission.--
(1) Initial period.--The initial period of authorized
admission as a Z nonimmigrant shall be four years, which
shall begin to run on the date that the alien was first
awarded a secure ID card under subsection (j).
(2) Extensions.--
(A) In general.--nonimmigrants may seek an indefinite
number of four-year extensions of the initial period of
authorized admission.
(B) Requirements.--In order to be eligible for an extension
of the initial or any subsequent period of authorized
admission under this paragraph, an alien must satisfy the
following requirements:

[[Page S7233]]

(i) Eligibility.--The alien must demonstrate continuing
eligibility for Z nonimmigrant status;
(ii) English language and civics.--
``(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 must
demonstrate an attempt to gain an understanding of the
English language and knowledge of United States civics by
taking the naturalization test described in sections
312(a)(1) and (2) by demonstrating enrollment in or placement
on a waiting list for English classes.
(II) Requirement at second renewal.--At or before the time
of application for the second extension of Z nonimmigrant
status, an alien who is 18 years of age or older must pass
the naturalization test described in sections 312(a)(1) and
(2). The alien may make up to three attempts to demonstrate
such understanding and knowledge but must satisfy this
requirement prior to the expiration of the second extension
of Z nonimmigrant status.
(III) Exception.--The requirement of subclauses (I) and
(II) 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 because of physical or developmental
disability or mental impairment to comply therewith;
(bb) is over fifty years of age and has been living in the
United States for periods totaling at least twenty years, or
(cc) is over fifty-five years of age and has been living in
the United States for periods totaling at least fifteen
years.
(iii) Employment.--With respect to an extension of Z-1 or
Z-3 nonimmigrant status an alien must demonstrate
satisfaction of the employment or study requirements provided
in subsection (m) during the alien's most recent authorized
period of stay as of the date of application; and
(iv) Fees.--The alien must pay a processing fee in an
amount sufficient to recover the full cost of adjudicating
the application, but no more than $1,500 for a single Z
nonimmigrant.
(C) Security and law enforcement background checks.--An
alien applying for extension of Z nonimmigrant status may be
required to submit to a renewed security and law enforcement
background check that must be completed to the satisfaction
of the Secretary of Homeland Security before such extension
may be granted.
(D) Timely filing and maintenance of status.--
(i) In general.--An extension of stay under this paragraph,
or a change of status to another Z nonimmigrant status under
subsection (1), may not be approved for an applicant who
failed to maintain Z nonimmigrant status or where such status
expired or terminated before the application was filed.
(ii) Exception.--Failure to file before the period of
previously authorized status expired or terminated may be
excused in the discretion of the Secretary and without
separate application, with any extension granted from the
date the previously authorized stay expired, where it is
demonstrated at the time of filing that:
(I) the delay was due to extraordinary circumstances beyond
the control of the applicant, and the Secretary finds the
delay commensurate with the circumstances; and
(II) the alien has not otherwise violated his Z
nonimmigrant status.
(iii) Exemptions from penalty and employment
requirements.--An alien demonstrating extraordinary
circumstances under clause (ii), including the spouse of a Z-
1 nonimmigrant who has been battered or has been the subject
of extreme cruelty perpetrated by the Z-1 nonimmigrant, and
who is changing to Z-1 nonimmigrant status, may be exempted
by the Secretary, in his discretion, from the requirements
under subsection (m) for a period of up to 180 days.
(E) Bars to extension.--Except as provided in subparagraph
(D), a Z nonimmigrant shall not be eligible to extend such
nonimmigrant status if:
(i) the alien has violated any term or condition of his or
her Z nonimmigrant status, including but not limited to
failing to comply with the change of address reporting
requirements under section 265;
(ii) the period of authorized admission of the Z
nonimmigrant has been terminated for any reason; or
(iii) with respect to a Z-2 or Z-3 nonimmigrant, the
principal alien's Z-1 nonimmigrant status has been
terminated.
(1) Change of status.--
(1) Change from Z nonimmigrant status.--
(A) In general.--A Z nonimmigrant may not change status
under section 248 to another nonimmigrant status, except
another Z nonimmigrant status or status under subparagraph
(U) of section 101(a)(15).
(B) Change from Z-A status.--A Z-A nonimmigrant may change
status to Z nonimmigrant status at the time of renewal
referenced in section 214A(j)(1)(C) of the Immigration and
Nationality Act.
(C) Limit on changes.--A Z nonimmigrant may not change
status more than one time per 365-day period. The Secretary
may, in his discretion, waive the application of this
subparagraph to an alien if it is established to the
satisfaction of the Secretary that application of this
subparagraph would result in extreme hardship to the alien.
(2) No change to Z nonimmigrant status.--A nonimmigrant
under the immigration laws may not change status under
section 248 to Z nonimmigrant status.
(m) Employment.--
(I) Z-1 and Z-3 nonimmigrants.--
(A) In general.--Z-1 and Z-3 nonimmigrants shall be
authorized to work in the United States.
(B) Continuous employment requirement.--All requirements
that an alien be employed or seeking employment for purposes
of this Title shall not apply to an alien who is under 16
years or over 65 years of age. A Z-1 or Z-3 nonimmigrant
between 16 and 65 years of age, or an alien in probationary
status between 16 and 65 years of age who is seeking to
become a Z-1 or Z-3 nonimmigrant, must remain continuously
employed full time in the United States as a condition of
such nonimmigrant status, except where--
(i) the alien is pursuing a full course of study at an
established college, university, seminary, conservatory,
trade school, academic high school, elementary school, or
other academic institution or language training program;
(ii) the alien is employed while also engaged in study at
an established college, university, seminary, conservatory,
academic high school, elementary school, or other academic
institution or language training program;
(iii) the alien cannot demonstrate employment because of a
physical or mental disability (as defined under section 3(2)
of the Americans with Disabilities Act of 1990 (42 U.S.C.
12102(2) or as a result of pregnancy if such condition is
evidenced by the submission of documentation prescribed by
the Secretary; or
(iv) the alien's ability to work has been temporarily
interrupted by an event that the Secretary has determined to
be a force majeure interruption.
(2) Z-2 nonimmigrants.--Z-2 nonimmigrants shall be
authorized to work in the United States.
(3) Portability.--Nothing in this subsection shall be
construed to limit the ability of a Z nonimmigrant to change
employers during the alien's period of authorized admission.
(n) Travel Outside the United States.--
(1) In general.--An alien who has been issued a secure ID
card under subsection (j) and who is in probationary status
or is a Z nonimmigrant--
(A) may travel outside of the United States; and
(B) may be readmitted (if otherwise admissible) without
having to obtain a visa if:
(i) the alien's most recent period of authorized admission
has not expired;
(ii) the alien is the bearer of valid documentary evidence
of Z nonimmigrant status that satisfies the conditions set
forth in section (j); and
(iii) the alien is not subject to the bars on extension
described in subsection (k)(2)(E).
(2) Admissibility.--On seeking readmission to the United
States after travel outside the United States an alien
granted Z nonimmigrant status must establish that he or she
is not inadmissible, except as provided by subsection (d)(2).
(3) Effect on period of authorized admission.--Time spent
outside the United States under paragraph (1) shall not
extend the most recent period of authorized admission in the
United States under subsection (k).
(o) Termination of Benefits.--
(1) In general.--Any benefit provided to a Z nonimmigrant
or an applicant for Z nonimmigrant status under this section
shall terminate if--
(A) the Secretary determines that the alien is ineligible
for such classification and all review procedures under
section 603 of the [Insert title of Act] have been exhausted
or waived by the alien;
(B) (i) the alien is found removable from the United States
under section 237 of the Immigration and Nationality Act (8
U.S.C. 1227); (ii) the alien becomes inadmissible under
section 212 (except as provided in subsection (d)(2), or
(iii) the alien becomes ineligible under subsection (d)(1);
(C) the alien has used documentation issued under this
section for unlawful or fraudulent purposes;
(D) in the case of the spouse or child of an alien applying
for a Z nonimmigrant visa, in probationary status, or
classified as a Z nonimmigrant under this section, the
benefits for the principal alien are terminated;
(E) with respect to a Z-1 or Z-3 nonimmigrant, the
employment or study requirements under subsection (m) have
been violated; or
(F) with respect to an alien in probationary status, the
alien's application for Z nonimmigrant status is denied
(G) with respect to an alien awarded probationary status
who seeks to become a Z-1 nonimmigrant, the alien fails to
complete the home application requirement set forth in
subsection (e)(6) within two years of receiving a secure ID
card.
(3) Denial of immigrant visa or adjustment application.--
Any application for an immigrant visa or adjustment of status
to lawful permanent resident status made under this section
by an alien whose Z nonimmigrant status is terminated under
paragraph (1) shall be denied.
(4) Departure from the united states.--Any alien whose
period of authorized admission or probationary benefits is
terminated under paragraph (1), as well as the alien's Z-2 or
Z-3 nonimmigrant dependents, shall be subject to removal and
depart the United States immediately.

[[Page S7234]]

(5) Invalidation of documentation.--Any documentation that
is issued by the Secretary of Homeland Security under
subsection (j) or pursuant to subsection (h)(4) to any alien,
whose period of authorized admission terminates under
paragraph (1), shall automatically be rendered invalid for
any purpose except departure.
(P) Revocation.--If, at any time after an alien has
obtained status under section 601 of the [Insert title of
Act] but not yet adjusted such status to that of an alien
lawfully admitted for permanent residence under section 602,
the Secretary may, for good and sufficient cause, if it
appears that the alien was not in fact eligible for status
under section 601, revoke the alien's status following
appropriate notice to the alien.
(q) Dissemination of Information on Z Program.--During the
2 year period immediately after the issuance of regulations
implementing this title, the Secretary, in cooperation with
entities approved by the Secretary, shall broadly disseminate
information respecting Z classification under this section
and the requirements to be satisfied to obtain such
classification. The Secretary shall disseminate information
to employers and labor unions to advise them of the rights
and protections available to them and to workers who file
applications under this section. Such information shall be
broadly disseminated, in no fewer than the top five principal
languages, as determined by the Secretary in his discretion,
spoken by aliens who would qualify for classification under
this section, including to television, radio, and print media
to which such aliens would have access.
(r) Definitions.--In this title and section 214A of the
Immigration and Nationality Act:
(1) Z nonimmigrant; Z nonimmigrant worker.--The term `Z
noniminigrant worker' means an alien admitted to the United
States under paragraph (Z) of subsection 101(a)(15). The term
does not include aliens granted probationary benefits under
subsection (h) and whose applications for nonimmigrant status
under section 101(a)(15)(Z) of the Act have not yet been
adjudicated.
(2) Z-1 Nonimmigrant; Z-1 worker.--The term `Z-1
nonimmigrant' or `Z-1 worker' means an alien admitted to the
United States under paragraph (i)(I) of subsection
101(a)(15)(Z).
(3) Z-A nonimmigrant; Z-a worker.--The term `Z-A
nonimmigrant' or `Z-A worker' means an alien admitted to the
United States under paragraph (ii)(II) of subsection
101(a)(15)(Z).
(4) Z-2 nonimmigrant.--The term `Z-2 nonimmigrant' means an
alien admitted to the United States under paragraph (ii) of
subsection 101(a)(15)(Z).
(5) Z-3 nonimmigrant; Z-3 worker.--The term `Z-3
nonimmigrant' or `Z-3 worker' means an alien admitted to the
United States under paragraph (iii) of subsection 101
(a)(15)(Z).

SEC. 602. EARNED ADJUSTMENT FOR Z STATUS ALIENS

(a) Lawful Permanent Residence.--
(1) Z-1 nonimmigrants.--
(A) Prohibition on immigrant visa.--A Z-1 nonimmigrant may
not be issued an immigrant visa pursuant to sections 221 and
222.
(B) Adjustment.--Notwithstanding sections 245(a) and (c),
the status of any Z-1 nonimmigrant may be adjusted by the
Secretary of Homeland Security to that of an alien lawfully
admitted for permanent residence.
(C) Requirements.--A Z-1 nonimmigrant may adjust status to
that of an alien lawfully admitted for permanent residence
upon satisfying, in addition to all other requirements
imposed by law, including the merit requirements set forth in
section 203(b)(1)(A) [INSERT CITE], the following
requirements:
(i) Status.--The alien must be in valid Z-l nonimmigrant
status;
(ii) Approved petition.--The alien must be the beneficiary
of an approved petition under section 204 of the Act or have
an approved petition that was filed pursuant to the
evaluation system under section 203(b)(1)(A) of the Act;
(iii) Admissibility.--The alien must not be inadmissible
under section 212(a), except for those grounds previously
waived under subsection (d)(2);
(iv) Fees and penalties.--In addition to the fees payable
to the Secretary of Homeland Security and Secretary of State
in connection with the filing of an immigrant petition and
application for adjustment of status, a Z-l head of household
must pay a $4,000 penalty at the time of submission of any
immigrant petition on his behalf, regardless of whether the
alien submits such petition on his own behalf or the alien is
the beneficiary of an immigrant petition filed by another
party; and
(2) Z-2 and z-3 nonimmigrants.--
(A) Restriction on visa issuance or adjustment.--An
application for an immigrant visa or for adjustment of status
to that of an alien lawfully admitted for permanent residence
of a Z-2 nonimmigrant or a Z-3 nonimmigrant under 18 years of
age may not be approved before the adjustment of status of
the alien's principal Z-l nonimmigrant.
(B) Adjustment of status.--
(i) Adjustment.--Notwithstanding sections 245(a) and (c),
the status of any Z-2 or Z-3 nonimmigrant may be adjusted by
the Secretary of Homeland Security to that of an alien
lawfully admitted for permanent residence.
(ii) Requirements.--A Z-2 or Z-3 nonimmigrant may adjust
status to that of an alien lawfully admitted for permanent
residence upon satisfying, in addition to all other
requirements imposed by law, the following requirements:
(I) Status.--The alien must be in valid Z-2 or Z-3
nonimmigrant status;
(II) Approved petition.--The alien must be the beneficiary
of an approved petition under section 204 of the Act or have
an approved petition that was filed pursuant to the merit-
based evaluation system under section 203(b)(1)(A) of the
Act;
(III) Admissibility.--The alien must not be inadmissible
under section 212(a), except for those grounds previously
waived under subsection (d)(2);
(IV) Fees.--The alien must pay the fees payable to the
Secretary of Homeland Security and Secretary of State in
connection with the filing of an immigrant petition and
application for an immigrant visa; and
(3) Maintenance of waivers of inadmissibility.--The grounds
of inadmissibility not applicable under section (d)(2) shall
also be considered inapplicable for purposes of admission as
an immigrant or adjustment pursuant to this subsection.
(4) Application of other law.--In processing applications
under this subsection on behalf of aliens who have been
battered or subjected to extreme cruelty, the Secretary shall
apply--
(A) the provisions under section 204(a)(1)(J) of the
Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(J)); and
(B) the protections, prohibitions, and penalties under
section 384 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (8 U.S.C. 1367).
(5) Back of the line.--An alien may not adjust status to
that of a lawful permanent resident under this section until
30 days after an immigrant visa becomes available for
approved petitions filed under sections 201, 202, and 203 of
the Act that were filed before May 1, 2005.
(6) Ineligibility for public benefits.--For purposes of
section 403 of the Personal Responsibility and Work
Opportunity Reconciliation Act of 1996 (8 D.S.C. 1613), an
alien whose status has been adjusted under this section shall
not be eligible for any Federal means-tested public benefit
unless the alien meets the alien eligibility criteria for
such benefit under title IV of such Act (8 U.S.C. 1601 et
seq.).
(7) Medical examination.--An applicant for earned
adjustment shall undergo an appropriate medical examination
(including a determination of immunization status) that
conforms to generally accepted professional standards of
medical practice.
(8) Payment of income taxes.--
(A) In general.--Not later than the date on which status is
adjusted under this section, the applicant shall satisfy any
applicable Federal tax liability accrued during the period of
Z status by establishing that--
(i) no such tax liability exists;
(ii) all outstanding liabilities have been paid; or
(iii) the applicant has entered into, and is in compliance
with, an agreement for payment of all outstanding liabilities
with the Internal Revenue Service.
(B) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner
of Internal Revenue shall provide documentation to--
(i) the applicant, upon request, to establish the payment
of all taxes required under this subsection; or
(ii) the Secretary, upon request, regarding the payment of
Federal taxes by an alien applying for a benefit under this
section.
(9) Deposit of fees.--Fees collected under this paragraph
shall be deposited into the Immigration Examination Fee
Account and shall remain available as provided under
subsections (m) and (n) of section 286 of the Immigration and
Nationality Act (8 U.S.C. 1356).
(10) Deposit of penalties.--Penalties collected under this
paragraph shall be deposited into the Temporary Worker
Program Account and shall remain available as provided under
section 286(w) of the Immigration and Nationality Act.

SEC. 603. ADMINISTRATIVE REVIEW, REMOVAL PROCEEDINGS, AND
JUDICIAL REVIEW FOR ALIENS WHO HAVE APPLIED FOR
LEGAL STATUS.

(a) Administrative Review for Aliens Who Have Applied for
Status Under this Title--
(1) Exclusive review.--Administrative review of a
determination respecting nonimmigrant status under this title
shall be conducted solely in accordance with this subsection.
(2) Administrative appellate review.--Except as provided in
subparagraph (b)(2), an alien whose status under this title
has been denied, terminated, or revoked may file not more
than one appeal of the denial, termination, or rescission
with the Secretary not later than 30 calendar days after the
date of the decision or mailing thereof, whichever occurs
later in time. The Secretary shall establish an appellate
authority to provide for a single level of administrative
appellate review of a denial, termination, or rescission of
status under [this Act].
(3) Standard for review.--Such administrative appellate
review shall be based solely upon the administrative record
established at the time of the determination 38 on the
application and upon such additional newly discovered or
previously unavailable evidence as the administrative
appellate review authority may decide to consider at the time
of the determination.

[[Page S7235]]

(4) Limitation on motions to reopen and reconsider.--During
the administrative appellate review process the alien may
file not more than one motion to reopen or to reconsider. The
Secretary's decision whether to consider any such motion is
committed to the Secretary's discretion.
(b) Removal of Aliens Who Have Been Denied Status Under
This Title.--
(1) Self-initiated removal.--Any alien who receives a
denial under subsection (a) may request, not later than 30
calendar days after the date of the denial or the mailing
thereof, whichever occurs later in time, that the Secretary
place the alien in removal proceedings. The Secretary shall
place the alien in removal proceedings to which the alien
would otherwise be subject, unless the alien is subject to an
administratively final order of removal, provided that no
court shall have jurisdiction to review the timing of the
Secretary's initiation of such proceedings. If the alien is
subject to an administratively final order of removal, the
alien may seek review of the denial under this section
pursuant to subsection 242(h) as though the order of removal
had been entered on the date of the denial, provided that the
court shall not review the order of removal except as
otherwise provided by law.
(2) Aliens who are determined to be ineligible due to
criminal convictions.--
(i) Aggravated Felons.--Notwithstanding any other provision
of this Act, an alien whose application for status under this
title has been denied or whose status has been terminated or
revoked by the Secretary under clause (1)(F)(ii) of
subsection 601(d) of [this Act] because the alien has been
convicted of an aggravated felony, as defined in paragraph
101(a)(43) of the INA, may be placed forthwith in proceedings
pursuant to section 238(b) of the INA.
(ii) Other criminals.--Notwithstanding any other provision
of this Act, any other alien whose application for status
under this title has been denied or whose status has been
terminated or revoked by the Secretary under clauses
(1)(F)(i), (iii), or (iv) of subsection [CITE: 601(d)] of
[this Act] may be placed forthwith in removal proceedings
under section 240 of the INA.
(iii) Final denial, termination or rescission.--The
Secretary's denial, termination, or rescission of the status
of any alien described in clauses (i) and (ii) of this
subparagraph shall be final for purposes of subparagraph
242(h)(3)(C) of the INA and shall represent the exhaustion of
all review procedures for purposes of subsections 601(h)
(relating to treatment of applicants) and 601(o) (relating to
termination of proceedings) of this Act, notwithstanding
paragraph (a)(2) of this section.
(3) Limitation on motions to reopen and reconsider.--During
the removal process under this subsection the alien may file
not more than one motion to reopen or to reconsider. The
Secretary's or Attorney General's decision whether to
consider any such motion is committed to the Attorney
General's discretion.
(c) Judicial Review.-- Section 242 of the Immigration and
Nationality Act is amended by adding at the end the
following subsection (h):
``(h) Judicial Review of Eligibility Determinations
Relating to Status Under Title VI of [this Act].
``(1) Exclusive review.--Notwithstanding any other
provision of law (statutory or nonstatutory), including
section 2241 of title 28, or any other habeas corpus
provision, and sections 1361 and 1651 of such title, and
except as provided in this subsection, no court shall have
jurisdiction to review a determination respecting an
application for status under title VI of [this Act],
including, without limitation, a denial, termination, or
rescission of such status.
``(2) No review for late filings.--An alien may not file an
application for status under title VI of [this Act] beyond
the period for receipt of such applications established by
subsection 601(f) thereof. The denial of any application
filed beyond the expiration of the period established by that
subsection shall not be subject to judicial review or remedy.
``(3) Review of a denial, termination, or rescission of
status under title VI of [this Act].--A denial, termination,
or rescission of status under subsection 601 of [this Act]
may be reviewed only in conjunction with the judicial review
of an order of removal under this section, provided that:
``(A) the venue provision set forth in (b)(2) shall govern;
``(B) the deadline for filing the petition for review in
(b)(1) shall control;
``(C) the alien has exhausted all administrative remedies
available to the alien as of right, including but not limited
to the timely filing of an administrative appeal pursuant to
subsection 603(a) of [this Act];
``(D) the court shall decide a challenge to the denial of
status only on the administrative record on which the
Secretary's denial, termination, or rescission was based;
``(E) Limitation on review.--Notwithstanding any other
provision of law (statutory or nonstatutory), including
section 2241 of title 28, or any other habeas corpus
provision, and sections 1361 and 1651 of such title, no court
reviewing a denial, termination, or rescission of status
under Title VI of [this Act] may review any discretionary
decision or action of the Secretary regarding any application
for or termination or rescission of such status; and
``(F) Limitation on motions to reopen and reconsider.--The
alien may file not more than one motion to reopen or to
reconsider in proceedings brought under this section.
``(4) Standard for judicial review.--Judicial review of the
Secretary's denial, termination, or rescission of status
under title VI of [this Act] relating to any alien shall be
based solely upon the administrative record before the
Secretary when he enters a final denial, termination, or
rescission. The administrative findings of fact are
conclusive unless any reasonable adjudicator would be
compelled to conclude to the contrary. The legal
determinations are conclusive unless manifestly contrary to
law.
``(5) Challenges on validity of the system.--
``(A) In general.--Any claim that title VI of [this Act],
or any regulation, written policy, or written directive
issued or unwritten policy or practice initiated by or under
the authority of the Secretary of Homeland Security to
implement that title, violates the Constitution of the United
States or is otherwise in violation of law is available
exclusively in an action instituted in the United States
District Court for the District of Columbia in accordance
with the procedures prescribed in this paragraph. Nothing in
this subparagraph shall preclude an applicant for status
under title VI of [this Act] from asserting that an action
taken or decision made by the Secretary with respect to his
status under that title was contrary to law in a proceeding
under section 603 of [this Act] and paragraph (b)(2) of this
section.
``(B) Deadlines for bringing actions.--Any action
instituted under this paragraph,
(i) must, if it asserts a claim that title VI of [this Act]
or any regulation, written policy, or written directive
issued by or under the authority of the Secretary to
implement that title violates the Constitution or is
otherwise unlawful, be filed no later than one year after the
date of the publication or promulgation of the challenged
regulation, policy or directive or, in cases challenging the
validity of the Act, within one year of enactment; and
(ii) must, if it asserts a claim that an unwritten policy
or practice initiated by or under the authority of the
Secretary violates the Constitution or is otherwise unlawful,
be filed no later than one year after the plaintiff knew or
reasonably should have known of the unwritten policy or
practice.
``(C) Class actions.--Any claim described in subparagraph
(A) that is brought as a class action shall be brought in
conformity with Public Law 109-2 and the Federal Rules of
Civil Procedure.''
``(D) Preclusive effect.-- The final disposition of any
claim brought under subparagraph (5)(A) shall be preclusive
of any such claim asserted in a subsequent proceeding under
this subsection or under subsection 603 [of this Act].
``(E) Exhaustion and stay of proceedings.--No claim brought
under this paragraph shall require the plaintiff to exhaust
administrative remedies under subsection 603 of [this Act],
but nothing shall prevent the court from staying proceedings
under this paragraph to permit the Secretary to evaluate an
allegation of an unwritten policy or practice or to take
corrective action. In issuing such a stay, the court shall
take into account any harm the stay may cause to the
claimant. The court shall have no authority to stay
proceedings initiated under any other section of the INA.''

SEC. 604. MANDATORY DISCLOSURE OF INFORMATION.

(a) In General.--Except as otherwise provided in this
section, no Federal agency or bureau, nor any officer,
employee or contractor of such agency or bureau, may--
(1) use the information furnished by an applicant under
section 601 [and 602] of the
[--] or the fact that the applicant applied for such Z status
for any purpose other than to make a determination on the
application, any subsequent application to extend such status
under section 601 of such Act, or to adjust status to that of
an alien lawfully admitted for permanent residence under
section 602 of such Act;
(2) make or release any publication through which the
information furnished by any particular applicant can be
identified; or
(3) permit anyone other than the officers, employees or
contractors of such agency, bureau, or approved entity, as
approved by the Secretary of Homeland Security, to examine
individual applications that have been filed.
(b) Exceptions to Confidentiality.--
(1) Subsection (a) shall not apply with respect to--
(A) an alien whose application has been denied, terminated
or revoked based on the Secretary's finding that the alien--
(i) is inadmissible under sections 212(a)(2), (3),
(6)(C)(i) (with respect to information furnished by an
applicant under section 601 or 602 of the [--]), or (6)(E) of
the Act;
(ii) is deportable under sections 237(a)(1)(E), (1)(G),
(2), or (4) of the Act;
(iii) was physically removed and is subject to
reinstatement pursuant to section 241 (a)(5).
(B) an alien whose application for Z nonimmigrant status
has been denied, terminated, or revoked under section
601(d)(1)(F);
(C) an alien whom the Secretary determines has ordered,
incited, assisted, or otherwise participated in the
persecution of any person on account of race, religion,
nationality, membership in a particular social group, or
political opinion;
(D) an alien whom the Secretary determines has, in
connection with his application under sections 601 or 602,
engaged in

[[Page S7236]]

fraud or willful misrepresentation, concealment of a material
fact, or knowingly offered a false statement, representation
or document;
(E) an alien who has knowingly and voluntarily waived in
writing the confidentiality provisions in subsection (a); or
(F) an order from a court of competent jurisdiction.
(2) Nothing in this subsection shall require the Secretary
to commence removal proceedings against an alien whose
application has been denied, terminated, or revoked based on
the Secretary's finding that the alien is inadmissible or
deportable.
(c) Authorized Disclosures.--Information furnished on or
derived from an application described in subsection (a) may
be disclosed to--
(1) a law enforcement agency, intelligence agency, national
security agency, component of the Department of Homeland
Security, court, or grand jury in connection with a criminal
investigation or prosecution or a national security
investigation or prosecution; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
(e) Auditing and Evaluation of Information.--The Secretary
may audit and evaluate information furnished as part of any
application filed under sections 601 and 602, of [--], any
application to extend such status under section 601(k) of
such Act, or any application to adjust status to that of an
alien lawfully admitted for permanent residence under section
602 of such Act, for purposes of identifying fraud or fraud
schemes, and may use any evidence detected by means of audits
and evaluations for purposes of investigating, prosecuting or
referring for prosecution, denying, or terminating
immigration benefits.
(f) Use of Information in Petitions and Applications
Subsequent to Adjustment of Status.--If the Secretary has
adjusted an alien's status to that of an alien lawfully
admitted for permanent residence pursuant to section 602 of
[--], then at any time thereafter the Secretary may use the
information furnished by the alien in the application for
adjustment of status or in the applications for status
pursuant to sections 601 or 602 to make a determination on
any petition or application.
(g) Penalties.--Whoever knowingly uses, publishes, or
permits information to be examined in violation of this
section shall be fined not more than $10,000.
(h) Construction.--Nothing in this section shall be
construed to limit the use, or release, for immigration
enforcement purposes of information contained in files or
records of the Secretary or Attorney General pertaining to an
applications filed under sections 601 or 602, other than
information furnished by an applicant pursuant to the
application, or any other information derived from the
application, that is not available from any other source.

SEC. 605. EMPLOYER PROTECTIONS.

(a) Copies of employment records or other evidence of
employment provided by an alien or by an alien's employer in
support of an alien's application for Z nonimmigrant status
shall not be used in a prosecution or investigation (civil or
criminal) of that employer under section 247B (8 U.S.C.
1324a) or the tax laws of the United States for the prior
unlawful employment of that alien, regardless of the
adjudication of such application or reconsideration by the
Secretary of such alien's prima facie eligibility
determination.
(b) Applicability of Other Law.--Nothing in this section
may be used to shield an employer from liability under
section 274B of the Immigration and Nationality Act (8 U.S.C.
1324b) or any other labor or employment law.

SEC. 606. ENUMERATION OF SOCIAL SECURITY NUMBER.

The Secretary of Homeland Security, in coordination with
the Commissioner of the Social Security Administration, shall
implement a system to allow for the prompt enumeration of a
Social Security number after the Secretary of Homeland
Security has granted an alien Z nonimmigrant status or any
probationary benefits based upon application for such status.

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

(a) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by:
(1) amending subsection (c) by deleting ``For'' and
inserting ``Except as provided in subsection (e), for''; and
(2) adding at the end the following new subsections:
``(d)(1) Except as provided in paragraph (2) and subsection
(e), for purposes of this section and for purposes of
determining a qualifying quarter of coverage under 8 U.S.C.
1612(b)(2)(B), no quarter of coverage shall be credited if,
with respect to any individual who is assigned a social
security account number after 2007, such quarter of coverage
is earned prior to the year in which such social security
account number is assigned.
``(2) Paragraph (1) shall not apply with respect to any
quarter of coverage earned by an individual who satisfies the
criterion specified in subsection (c)(2).
``(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) Effective Date.--The amendment made by subsection (a)
that provides for a new section 214( e) of the Social
Security Act shall be effective with respect to applications
for benefits filed after the sixth month following the month
this Act is enacted.

SEC. 608. PAYMENT OF PENALTIES AND USE OF PENALTIES
COLLECTED.

(a) The Secretary shall by regulation establish procedures
allowing for the payment of 80 percent of the penalties
described in Section 601(e)(5)(B) and Section 602(a)(I)(C)(v)
through an installment payment plan.
(b) Any penalties received under this title with respect to
an application for Z-1 nonimmigrant status shall be used in
the following order of priority:
(1) shall be credited as offsetting collections to
appropriations provided pursuant to section 611 for the
fiscal year in which this Act is enacted and the subsequent
fiscal year; and
(2) shall be deposited and remain available as otherwise
provided under this title.

SEC. 609. LIMITATIONS ON ELIGIBILITY.

(a) In General.--An alien is not ineligible for any
immigration benefit under any provision of this title, or any
amendment made by this title, solely on the basis that the
alien violated section 1543, 1544, or 1546 of title 18,
United States Code, or any amendments made by the [NAME OF
THIS ACT], during the period beginning on the date of the
enactment of such Act and ending on the date on which the
alien applies for any benefits under this title, except with
respect to any forgery, fraud or misrepresentation on the
application for Z nonimmigrant status filed by the alien.
(b) Prosecution.--An alien who commits a violation of
section 1543, 1544, or 1546 of such title or any amendments
made by the [NAME OF THIS ACT], during the period beginning
on the date of the enactment of such Act and ending on the
date that the alien applies for eligibility for such benefit
may be prosecuted for the violation if the alien's
application for such benefit is denied.

SEC. 610. RULEMAKING.

(a) The Secretary shall issue an interim final rule within
six months of the date of enactment of this subtitle to
implement this title and the amendments made by this title.
The interim final rule shall become effective immediately
upon publication in the Federal Register. The interim final
rule shall sunset two years after issuance unless the
Secretary issues a final rule within two years of the
issuance of the interim final rule.
(b) The exemption provided under this section shall sunset
no later than two years after the date of enactment of this
subtitle, provided that, such sunset shall not be construed
to impose any requirements on, or affect the validity of, any
rule issued or other action taken by the Secretary under such
exemptions.

SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

(a) In General.--There are authorized to be appropriated to
the Secretary such sums as may be necessary to carry out this
title and the amendments made by this title.
(b) Availability of Funds.--Funds appropriated pursuant to
subsection (a) shall remain available until expended.
(c) Sense of Congress.--It is the sense of the Congress
that funds authorized to be appropriated under subsection (a)
should be directly appropriated so as to facilitate the
orderly and timely commencement of the processing of
applications filed under sections 601 and 602.

Subtitle B--DREAM Act

SEC. 612. SHORT TITLE.

This subtitle may be cited as the ``Development, Relief,
and Education for Alien Minors Act of 2007'' or the ``DREAM
Act of 2007''.

SEC. 613. DEFINITIONS.

In this subtitle:
(1) Institution of higher education.--The term
``institution of higher education'' has the meaning given
that term in section 101 of the Higher Education Act of 1965
(20 U.S.C. 1001).
(2) Uniformed Services.--The term ``uniformed services''
has the meaning given that term in section 101(a) of title
10, United States Code.

SEC. 614. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENTS
WHO ENTERED THE UNITED STATES AS CHILDREN.

(a) Special Rule for Certain Long-Term Residents Who
Entered the United States as Children.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this subtitle, the
Secretary may beginning on the date that is three years after
the date of enactment of this Act

[[Page S7237]]

adjust to the status of an alien lawfully admitted for
permanent residence an alien who is determined to be eligible
for or has been granted probationary or Z nonimmigrant status
if the alien demonstrates that--
(A) the alien has been physically present in the United
States for a continuous period since January 1, 2007, is
under 30 years of age on the date of enactment, and had not
yet reached the age of 16 years at the time of initial entry;
(B) the alien has earned a high school diploma or obtained
a general education development certificate in the United
States;
(C) The alien has not abandoned the alien's residence in
the United States. The Secretary shall presume that the alien
has abandoned such residence if the alien is absent from the
United States for more than 365 days, in the aggregate,
during the period of conditional residence, unless the alien
demonstrates that alien has not abandoned the alien's
residence. An alien who is absent from the United States due
to active service in the uniformed services has not abandoned
the alien's residence in the United States during the period
of such service.
(D) The alien has--
(i) acquired a degree from an institution of higher
education in the United States or has completed at least 2
years, in good standing, in a program for a bachelor's degree
or higher degree in the United States; or
(ii) The alien has served in the uniformed services for at
least 2 years and, if discharged, has received an honorable
discharge.
(E) The alien has provided a list of all of the secondary
educational institutions that the alien attended in the
United States; and
(F) The alien is in compliance with the eligibility and
admissibility criteria set forth in section 601(d).
(b) Treatment of Period for Purposes of Naturalization.--
Solely for purposes of title III of the Immigration and
Nationality Act (8 U.S.C. 1401 et seq.), an alien who has
been granted probationary or Z nonimmigrant status and has
satisfied the requirements of subparagraphs (a)(1)(A) through
(F) shall beginning on the date that is eight years after the
date of enactment be considered to have satisfied the
requirements of Section 316(a)(1) of the Act (8 U.S.C.
1427(a)(1)).
(c) Exemption From Numerical Limitations.--Nothing in this
section may be construed to apply a numerical limitation on
the number of aliens who may be eligible for adjustment of
status.
(d) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this Act, the Secretary shall
publish proposed regulations implementing this section. Such
regulations shall be effective immediately on an interim
basis, but are subject to change and revision after public
notice and opportunity for a period for public comment.
(2) Interim, final regulations.--Within a reasonable time
after publication of the interim regulations in accordance
with paragraph (1), the Secretary shall publish final
regulations implementing this section.

SEC. 615. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION
ON FEES.

Regulations promulgated under this subtitle shall provide
that no additional fee will be charged to an applicant for a
Z nonimmigrant visa for applying for benefits under this
subtitle.

SEC. 616. HIGHER EDUCATION ASSISTANCE.

(a) Section 505 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) shall
have no force or effect with respect to an alien who has been
granted probationary or Z nonimmigrant status.
(b) Notwithstanding any provision of the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.), with respect to
assistance provided under title IV of the Higher Education
Act of 1965 (20 U.S.C. 1070 et seq.), an alien who adjusts
status to that of a lawful permanent resident under this
title, or who is a probationary Z or Z nonimmigrant under
this title and who meets the eligibility criteria set forth
in section 614(a)(1)(A), (B), and (F), shall be eligible for
the following assistance under such title IV:
(1) Student loans under parts B, D, and E of such title IV
(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),
subject to the requirements of such parts.
(2) Federal work.--study programs under part C of such
title IV (42 U.S.C. 2751 et seq.), subject to the
requirements of such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.

SEC. 617. DELAY OF FINES AND FEES.

(a) Payment of the penalties and fees specified in section
601(e)(5) shall not be required with respect to an alien who
meets the eligibility criteria set forth in section
614(a)(1)(A), (B), and (F) until the date that is six years
and six months after the date of enactment of this Act or the
alien reaches the age of 24, whichever is later. If the alien
makes all of the demonstrations specified in section
614(a)(1) by such date, the penalties shall be waived. If the
alien fails to make the demonstrations specified in section
614(a)(1) by such date, the alien's Z nonimmigrant status
will be terminated unless the alien pays the penalties and
fees specified in section 601(e)(5) consistent with the
procedures set forth in section 608 within 90 days.
(b) With respect to an alien who meets the eligibility
criteria set forth in section 614(a)(1)(A) and (F), but not
the eligibility criteria in section 614(a)(1)(B), the
individual who pays the penalties specified in section
601(e)(5) shall be entitled to a refund when the alien makes
all the demonstrations specified in section 614(a)(1).

SEC. 618. GAO REPORT.

Seven years after the date of enactment of this Act, the
Comptroller General of the United States shall submit a
report to the Committee on the Judiciary of the Senate and
the Committee on the Judiciary of the House of
Representatives, which sets forth--
(1) the number of aliens who were eligible for adjustment
of status under section 623(a);
(2) the number of aliens who applied for adjustment of
status under section 623(a); and (3) the number of aliens who
were granted adjustment of status under section 623(a).

SEC. 619. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF
APPROPRIATIONS.

(a) Regulations.--The Secretary shall issue regulations to
carry out the amendments made by this subtitle not later than
the first day of the seventh month that begins after the date
of enactment of this Act.
(b) Effective Date.--This subtitle shall take effect on the
date that regulations required by subsection (a) are issued,
regardless of whether such regulations are issued on an
interim basis or on any other basis.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to implement this subtitle, including any sums
needed for costs associated with the initiation of such
implementation.

PART II--CORRECTION OF SOCIAL SECURITY RECORDS

SEC. 620. CORRECTION OF SOCIAL SECURITY RECORDS.

(a) In General.--Section 208(e)(1) of the Social Security
Act (42 U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted nonimmigrant status pursuant to section
101(a)(15)(Z-A) of the Immigration and Nationality Act,'';
and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such
conduct is alleged to have occurred before the date on which
the alien was granted such nonimmigrant status.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the seventh month that
begins after the date of the enactment of this Act.

Subtitle C--Agricultural Workers

SEC. 621. SHORT TITLE.

This subtitle may be cited as the ``Agricultural Job
Opportunities, Benefits, and Security Act of 2007'' or the
``AgJOBS Act of 2007''

PART I--ADMISSION OF AGRICULTURAL WORKERS

SEC. 622. ADMISSION OF AGRICULTURAL WORKERS.

(a) Z-A Nonimmigrant Visa Category.--
(1) Establishment.--Paragraph (15) of section 101(a)), of
the Immigration and Nationality Act (8 U.S.C. 1101(a), [as
amended by section 601(b), is further amended by adding at
the end the following new subparagraph:
``(Z-A)(i) an alien who is coming to the United States to
perform any service or activity that is considered to be
agricultural under section 3(f) of the Fair Labor Standards
Act of 1938 (29 U.S.C. 203(f)), agricultural labor under
section 3121(g) of the Internal Revenue Code of 1986, or the
performance of agricultural labor or services described in
subparagraph (H)(ii)(a), who meets the requirements of
section 214A of this Act; or
``(ii) the spouse or minor child of an alien described in
clause (i) who is residing in the United States.''.
(b) Requirements for Issuance of Nonimmigrant Visa.--
Chapter 2 of title II of the Immigration and Nationality Act
(8 U.S.C. 1181 et seq.) is amended by inserting after section
214 the following new section:

``SEC. 214A. ADMISSION OF AGRICULTURAL WORKERS.

``(a) Definitions.--In this section:
``(1) Agricultural employment.--The term `agricultural
employment' means any service or activity that is considered
to be agricultural under section 3(f) of the Fair Labor
Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural
labor under section 3121(g) of the Internal Revenue Code of
1986 or the performance of agricultural labor or services
described in section 101(a)(15)(H)(ii)(a).
``(2) Department.--The term `Department' means the
Department of Homeland Security.
``(3) Employer.--The term `employer' means any person or
entity, including any farm labor contractor and any
agricultural association, that employs workers in
agricultural employment.
``(4) Qualified designated entity.--The term `qualified
designated entity' means--
``(A) a qualified farm labor organization or an association
of employers designated by the Secretary; or
``(B) any such other person designated by the Secretary if
that Secretary determines such person is qualified and has
substantial experience, demonstrated competence, and has a
history of long-term involvement in the preparation and
submission of applications for adjustment of status under
section 209, 210, or 245, the Act entitled `An Act to adjust
the status of Cuban refugees to that of lawful permanent
residents of the United

[[Page S7238]]

States, and for other purposes', approved November 2, 1966
(Public Law 89-732; 8 U.S.C. 1255 note), Public Law 95-145 (8
U.S.C. 1255 note), or the Immigration Reform and Control Act
of 1986 (Public Law 99-603; 100 Stat. 3359) or any amendment
made by that Act.
``(5) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(6) Temporary.--A worker is employed on a `temporary'
basis when the employment is intended not to exceed 10
months.
``(7) Work day.--The term `work day' means any day in which
the individual is employed 5.75 or more hours in agricultural
employment.
``(8) Z-A dependent visa.--The term `Z-A dependent visa'
means a nonimmigrant visa issued pursuant to section
101(a)(l5)(Z-A)(ii).
``(9) Z-A visa.--The term `Z-A visa' means a nonimmigrant
visa issued pursuant to section 101(a)(15)(Z-A)(i).
``(b) Authorization for Presence, Employment, and Travel in
the United States.--
``(1) In general.--An alien issued a Z-A visa or a Z-A
dependent visa may remain in, and be employed in, the United
States during the period such visa is valid.
``(2) Authorized employment.--The Secretary shall provide
an alien who is granted a Z-A visa or a Z-A dependent visa an
employment authorized endorsement or other appropriate work
permit, in the same manner as an alien lawfully admitted for
permanent residence.
``(3) Authorized travel.--An alien who is granted a Z-A
visa or a Z-A dependent visa is authorized to travel outside
the United States (including commuting to the United States
from a residence in a foreign country) in the same manner as
an alien lawfully admitted for permanent residence.
``(c) Qualifications.--
``(I) Z-A visa.--Notwithstanding any other provision of
law, the Secretary shall, pursuant to the requirements of
this section, grant a Z-A visa to an alien if the Secretary
determines that the alien--
``(A) has performed agricultural employment in the United
States for at least 863 hours or 150 work days during the 24-
month period ending on December 31, 2006;
``(B) applied for such status during the 18-month
application period beginning on the first day of the seventh
month that begins after the date of enactment of this Act;
``(C) is admissible to the United States under section 212,
except as otherwise provided in paragraph (4);
``(D) has not been convicted of any felony or a
misdemeanor, an element of which involves bodily injury,
threat of serious bodily injury, or harm to property in
excess of $500; and
``(E) meets the requirements of paragraph (3).
``(2) Z-A dependent visa.--Notwithstanding any other
provision of law, the Secretary shall grant a Z-A dependent
visa to an alien who is--
``(A) described in section 101(a)(15)(Z-A)(ii);
``(B) meets the requirements of paragraph (3); and
``(C) is admissible to the United States under section 212,
except as otherwise provided in paragraph (4).
``(3) Security and law enforcement background checks.--
``(A) Fingerprints.--An alien seeking a Z-A visa or a Z-A
dependent visa shall submit fingerprints to the Secretary at
such time and in manner as the Secretary may require.
``(B) Background checks.--The Secretary shall utilize
fingerprints provided under subparagraph (A) and other
biometric data provided by an alien to conduct a background
check of the alien, including searching the alien's criminal
history and any law enforcement actions taken with respect to
the alien and ensuring that the alien is not a risk to
national security.
``(4) Waiver of certain grounds of inadmissibillty.--In the
determination of an alien's eligibility for a Z-A visa or a
Z-A dependent visa the following shall apply:
``(A) Grounds of exclusion not applicable.--The provisions
of paragraphs (5), (6)(A), (7), and (9) of section 212(a)
shall not apply.
``(B) Waiver of other grounds.--
``(i) In general.--Except as provided in clause (ii), the
Secretary may waive any provision of such section 212( a),
other than the paragraphs described in subparagraph (A), in
the case of individual aliens for humanitarian purposes, to
ensure family unity, or if such waiver is otherwise in the
public interest.
``(ii) Grounds that may not be waived.--Except as provided
in subparagraph (C), subparagraphs (A), (B), and (C) of
paragraph (2), and paragraphs (3) and (4) of section 212(a)
may not be waived by the Secretary under clause (i).
``(iii) Construction.--Nothing in this subparagraph shall
be construed as affecting the authority of the Secretary
other than under this subparagraph to waive provisions of
such section 212(a).
``(C) Special rule for determination of public charge.--An
alien is not ineligible for a Z-A visa or a Z-A dependent
visa by reason of a ground of inadmissibility under section
212(a)(4) if the alien demonstrates a history of employment
in the United States evidencing self-support without reliance
on public cash assistance.
``(d) Application.--
``(1) In general.--An alien seeking a Z-A visa shall submit
an application to the Secretary for such a visa, including
information regarding any Z-A dependent visa for the spouse
of child of the alien.
``(2) Submission.--Applications for a Z-A visa under may be
submitted--
``(A) to the Secretary if the applicant is represented by
an attorney or a nonprofit religious, charitable, social
service, or similar organization recognized by the Board of
Immigration Appeals under section 292.2 of title 8, Code of
Federal Regulations (or similar successor regulations); or
``(B) to a qualified designated entity if the applicant
consents to the forwarding of the application to the
Secretary.
``(3) Proof of eligibility.--
``(A) In general.--An alien may establish that the alien
meets the requirement for a Z-A visa through government
employment records or records supplied by employers or
collective bargaining organizations, and other reliable
documentation as the alien may provide. The Secretary shall
establish special procedures to properly credit work in cases
in which an alien was employed under an assumed name.
``(B) Documentation of work history.--
``(i) Burden of proof.--An alien applying for a Z-A visa or
applying for adjustment of status described in subsection (J)
has the burden of proving by a preponderance of the evidence
that the alien has performed the requisite number of hours or
days of agricultural employment required for such application
or adjustment of status, as applicable.
``(ii) Timely production of records.--If an employer or
farm labor contractor employing such an alien has kept proper
and adequate records respecting such employment, the alien's
burden of proof under clause (i) may be met by securing
timely production of such records under regulations to be
promulgated by the Secretary.
``(iii) Sufficient evidence.--An alien may meet the burden
of proof under clause (i) to establish that the alien has
performed the requisite number of hours or days of
agricultural employment by producing sufficient evidence to
show the extent of that employment as a matter of just and
reasonable inference.
``(4) Applications submitted to qualified designated
entities.--
``(A) Requirements.--Each qualified designated entity shall
agree--
``(i) to forward to the Secretary an application submitted
to that entity pursuant to paragraph (2)(B) if the alien for
whom the application is being submitted has consented to such
forwarding;
``(ii) not to forward to the Secretary any such application
if such an alien has not consented to such forwarding; and
``(iii) to assist an alien in obtaining documentation of
the alien's work history, if the alien requests such
assistance.
``(B) No authority to make determinations.--No qualified
designated entity may make a determination required by this
section to be made by the Secretary.
``(5) Application fees.--
``(A) Fee schedule.--The Secretary shall provide for a
schedule of fees that--
``(i) shall be charged for applying for a Z-A visa under
this section or for an adjustment of status described in
subsection (j); and
``(ii) may be charged by qualified designated entities to
help defray the costs of services provided to such aliens
making such an application.
``(B) Prohibition on excess fees by qualified designated
entities.--A qualified designated entity may not charge any
fee in excess of, or in addition to, the fees authorized
under subparagraph (A)(ii) for services provided to
applicants.
``(6) Limitation on access to information.--Files and
records collected or compiled by a qualified designated
entity for the purposes of this section are confidential and
the Secretary shall not have access to such a file or record
relating to an alien without the consent of the alien, except
as allowed by a court order issued pursuant to [ ].
``(7) Treatment of applicants.--
``(A) In general.--An alien who files an application under
this section to receive a Z-A visa and any spouse or child of
the alien seeking a Z-A dependant visa, on the date described
in subparagraph (B)--
``(i) shall be granted probationary benefits in the form of
employment authorization pending final adjudication of the
alien's application;
``(ii) may in the Secretary's discretion receive advance
permission to re-enter the United States pursuant to existing
regulations governing advance parole;
``(iii) may not be detained for immigration purposes,
determined inadmissible or deportable, or removed pending
final adjudication of the alien's application, unless the
alien is determined to be ineligible for Z-A visa; and ``(iv)
may not be considered an unauthorized alien (as defined in
section 274A) until the date on which [the alien's
application for a Z-A visa] is denied.
``(B) Timing of probationary benefits.--
``(i) In general.--Subject to clause (ii), an alien who
submits an application for a Z-A visa under subsection (d),
including any evidence required under such subsection, and
any spouse or child of the alien seeking a Z-A dependent visa
shall receive the probationary benefits described in clauses
(i) through (iv) of subparagraph (A) at the earlier of--
``(I) the date and time that the alien has passed all
appropriate background checks, including name and fingerprint
checks; or
``(II) the end of the next business day after the date that
the Secretary receives the alien's application for Z-A visa.

[[Page S7239]]

``(ii) Exception.--If the Secretary determines that the
alien fails the background checks referred to in clause
(i)(I), the alien may not be granted probationary benefits
described in clauses (i) through (iv) of subparagraph (A).
``(C) Probationary authorization document.--The Secretary
shall provide each alien granted probationary benefits
described in clauses (i) through (iv) of subparagraph (A)
with a counterfeit-resistant document that reflects the
benefits and status set forth in subparagraph (A). The
Secretary may by regulation establish procedures for the
issuance of documentary evidence of probationary benefits
and, except as provided herein, the conditions under which
such documentary evidence expires, terminates, or is renewed.
``(D) Construction.--Nothing in this section may be
construed to limit the Secretary's authority to conduct any
appropriate background and security checks subsequent to
issuance of evidence of probationary benefits under this
paragraph.
``(8) Temporary stay of removal and work authorization for
certain applicants.--
``(A) Before application period.--Beginning on the date of
enactment of the AgJOBS Act of 2007, the Secretary shall
provide that, in the case of an alien who is apprehended
prior to the first date of the application period
described in subsection (c)(l)(B) and who can establish a
nonfrivolous case of eligibility for a Z-A visa (but for
the fact that the alien may not apply for such status
until the beginning of such period), the alien--
``(i) may not be removed; and
``(ii) shall be granted authorization to engage in
employment in the United States and be provided an employment
authorized endorsement or other appropriate work permit for
such purpose.
``(B) During application period.--The Secretary shall
provide that, in the case of an alien who presents a
nonfrivolous application for Z-A visa during the application
period described in subsection (c)(l)(B), including an alien
who files such an application within 30 days of the alien's
apprehension, and until a final determination on the
application has been made in accordance with this section,
the alien--
``(i) may not be removed; and
``(ii) shall be granted authorization to engage in
employment in the United States and be provided an employment
authorized endorsement or other appropriate work permit for
such purpose.
``(e) Numerical Limitations.--
``(1) Z-A visa.--The Secretary may not issue more than
1,500,000 Z-A visas.
``(2) Z-A Dependent visa.--The Secretary may not count any
Z-A dependent visa issued against the numerical limitation
described in paragraph (1).
``(f) Evidence of Nonimmigrant Status.--
``(1) In general.--Documentary evidence of nonimmigrant
status shall be issued to each alien granted a Z-A visa or a
Z-A dependent visa.
``(2) Features of documentation.--Documentary evidence of a
Z-A visa or a Z-A dependent visa--
``(A) shall be machine-readable, tamper-resistant, and
shall contain a digitized photograph and other biometric
identifiers that can be authenticated;
``(B) shall be designed in consultation with U.S.
Immigration and Customs Enforcement's Forensic Document
Laboratory;
``(C) shall serve as a valid travel and entry document for
an alien granted a Z-A visa or a Z-A dependent visa for the
purpose of applying for admission to the United States where
the alien is applying for admission at a port of entry;
``(D) may be accepted during the period of its validity by
an employer as evidence of employment authorization and
identity under section 274A; and
``(E) shall be issued to the alien granted the visa by the
Secretary promptly after final adjudication of such alien's
application for the visa, except that an alien may not be
granted a Z-A visa or a Z-A dependent visa until all
appropriate background checks on each alien are completed to
the satisfaction of the Secretary.
``(g) Fine.--An alien granted a Z-A visa shall pay a fine
of $100 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);

[[Page S7240]]

``(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)(l)(A) unless the alien was unable to work in agricultural
employment due to the extraordinary circumstances described
in subsection (j)(l)(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 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 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 work days during 3 years of
those 4 years and at least 100 work days during the remaining
year, during the 4-year period beginning on such date of
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
$400; or
``(2) Spouses and minor children.--Notwithstanding any
other provision of law, the Secretary shall confer the status
of lawful permanent resident on the spouse and minor child of
an alien granted any adjustment of status under paragraph
(1), including any individual who was a minor child on the
date such alien was granted a Z-A visa, if the spouse or
minor child applies for such status, or if the principal
alien includes the spouse or minor child in an application
for adjustment of status to that of a lawful permanent
resident.
``(3) Grounds for denial of adjustment of status.--The
Secretary may deny an alien granted a Z-A visa or a Z-A
dependent visa an adjustment of status under this Act and
provide for termination of such visa if--
``(A) the Secretary finds by a preponderance of the
evidence that grant of the 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 under section 212, except as provided under
subsection (c)(4);
``(ii) is convicted of a felony or 3 or more misdemeanors
committed in the United States; or
``(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.
``(4) Grounds for removal.--Any alien granted Z-A visa
status who does not apply for adjustment of status or renewal
of Z status under section 601 (k)(2) prior to the expiration
of the application period described in subsection (c)(l)(B)
or who fails to meet the other requirements of paragraph (1)
by the end of the application period, is deportable and may
be removed under section 240.
``(5) Payment of taxes.--
``(A) In general.--Not later than the date on which an
alien's status is adjusted as described in this subsection,
the alien shall establish that the alien does not owe any
applicable Federal tax liability by establishing that--
``(i) no such tax liability exists;
``(ii) all such outstanding tax liabilities have been paid;
or
``(iii) the alien has entered into an agreement for payment
of all outstanding liabilities with the Internal Revenue
Service.
``(B) Applicable Federal tax liability.--In this paragraph,
the term `applicable Federal tax liability' means liability
for Federal taxes, including penalties and interest, owed for
any year during the period of employment required under
paragraph (l)(A) for which the statutory period for
assessment of any deficiency for such taxes has not expired.
``(C) IRS cooperation.--The Secretary of the Treasury shall
establish rules and procedures under which the Commissioner
of Internal Revenue shall provide documentation to an alien
upon request to establish the payment of all taxes required
by this subsection.
``(6) English language.--
``(A) In general.--Not later than the date on which a Z-A
nonimmigrant's status is adjusted or renewed under section
601 (k)(2), a Z-A nonimmigrant who is 18 years of age or
older must pass the naturalization test described in sections
312(a)(I) and (2).
``(B) Exception.--The requirement of subparagraph (A) shall
not apply to any person who, on the date of the filing of the
person's application for an extension of Z-A nonimmigrant
status--(i) is unable because of physical or developmental
disability or mental impairment to comply therewith;
(ii) is over fifty years of age and has been living in the
United States for periods totaling at least twenty years, or
(iii) is over fifty-five years of age and has been living
in the United States for periods totaling at least fifteen
years.
``(7) Priority of applications.--
``(A) Back of line.--An alien may not adjust status to that
of a lawful permanent resident under this subsection until 30
days after the date on which an immigrant visa becomes
available for approved petitions filed under sections 201,
202, and 203 of the Act that were filed before May 1, 2005
(referred to in this paragraph as the `processing date').
``(B) Other applicants.--The processing of applications for
an adjustment of status under this subsection shall be
processed not later than 1 year after the processing date.
``(C) Consular application.--
(i) In general.--A Z-A nonimmigrant's application for
adjustment of status to that of an alien lawfully admitted
for permanent residence must be filed in person with a United
States consulate abroad.
(ii) Place of application.--Unless otherwise directed by
the Secretary of State, a Z-A nonimmigrant applying for
adjustment of status under this paragraph shall make an
application at a consular office in the alien's country of
origin. The Secretary of State shall direct a consular office
in a country that is not a Z-A nonimmigrant's country of
origin to accept an application for adjustment of status from
such an alien, where the Z-A nonimmigrant's country of origin
is not contiguous to the United States, and as consular
resources make possible.
``(k) Confidentiality of Information.--Applicants for Z-A
nonimmigrant status under this subtitle shall be afforded
confidentiality as provided under section 604.
``(1) Penalties for False Statements in Applications.--
``(1) Criminal penalty.--Any person who--
``(A) applies for a Z-A visa or a Z-A dependent visa under
this section or an adjustment of status described in
subsection (j) and knowingly and willfully falsifies,
conceals, or covers up a material fact or makes any false,
fictitious, or fraudulent statements or representations, or
makes or uses any false writing or document knowing the same
to contain any false, fictitious, or fraudulent statement or
entry; or
``(B) creates or supplies a false writing or document for
use in making such an application,

shall be fined in accordance with title 18, United States
Code, imprisoned not more than 5 years, or both.
``(2) Inadmissibility.--An alien who is convicted of a
crime under paragraph (1) shall be considered to be
inadmissible to the United States on the ground described in
section 212(a)(6)(C)(i).
``(m) Eligibility for Legal Services.--Section 504(a)(11)
of Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not
be construed to prevent a recipient of funds under the Legal
Services Corporation Act (42 U.S.C. 2996 et seq.) from
providing legal assistance directly related to an application
for a Z-A visa under subsection (b) or an adjustment of
status under subsection (j).
``(n) Administrative and Judicial Review.--Administrative
or judicial review of a determination on an application for a
Z-A visa shall be such as is provided under section 603.
``(o) Public Outreach.--Beginning not later than the first
day of the application period described in subsection
(c)(1)(B), the Secretary shall cooperate with qualified
designated entities to broadly disseminate information
regarding the availability of Z-A visas, the benefits of such
visas, and the requirements to apply for and be granted such
a visa.''.

[[Page S7241]]

(c) Numerical Limitations.--
(1) Worldwide level of immigration.--Section 201(b)(1) of
the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as
amended by [ ], is further amended--
(A) in subparagraph (A), by striking ``subparagraph (A) or
(B)'' and inserting ``subparagraph (A), (B), or (N)''; and
(B) by adding at the end, the following new subparagraph:
``(N) Aliens issued a Z-A visa or a Z-A dependent visa (as
those terms are defined in section 214A) who receive an
adjustment of status to that of an alien lawfully admitted
for permanent residence.''.
(2) Numerical limitations on individual foreign states.--
Section 202(a) of the Immigration and Nationality Act (8
U.S.C. 1152) is amended by adding at the end the following
new paragraph:
``(6) Special rule for Z-A nonimmigrants.--An immigrant
visa may be made available to an alien issued a Z-A visa or a
Z-A dependent visa (as those terms are defined in section
214A) without regard to the numerical limitations of this
section.''.
(d) Clerical Amendment.--The table of contents of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is
amended by inserting after the item relating to section 214
the following:

``Sec. 214A. Admission of agricultural worker.''.

SEC. 623. AGRICULTURAL WORKER IMMIGRATION STATUS ADJUSTMENT
ACCOUNT.

Section 286 of the Immigration and Nationality Act (8
U.S.C. 1356) is amended by adding at the end the following
new subsection:
``(y) Agricultural Worker Immigration Status Adjustment
Account.--
``(1) Establishment.--There is established in the general
fund of the Treasury a separate account, which shall be known
as the `Agricultural Worker Immigration Status Adjustment
Account'. Notwithstanding any other provision of law, there
shall be deposited as offsetting receipts into the account
all fees collected under section 214A.
``(2) Use of fees.--The fees deposited into the
Agricultural Worker Immigration Status Adjustment Account
shall be used by the Secretary of Homeland Security for
processing applications made by aliens seeking nonimmigrant
status under section 101(a)(15)(Z-A) or for processing
applications made by such an alien who is seeking an
adjustment of status
``(3) Availability of funds.--All amounts deposited in the
Agricultural Worker Immigration Status Adjustment Account
under this subsection shall remain available until
expended.''.

SEC. 624. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF
APPROPRIATIONS.

(a) Regulations.--The Secretary shall issue regulations to
carry out the amendments made by this subtitle not later than
the first day of the seventh month that begins after the date
of enactment of this Act.
(b) Effective Date.--This subtitle shall take effect on the
date that regulations required by subsection (a) are issued,
regardless of whether such regulations are issued on an
interim basis or on any other basis.
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to implement this subtitle, including any sums
needed for costs associated with the initiation of such
implementation.

PART II--CORRECTION OF SOCIAL SECURITY RECORDS

SEC. 625. CORRECTION OF SOCIAL SECURITY RECORDS.

(a) In General.--Section 208(e)(1) of the Social Security
Act (42 U.S.C. 408(e)(1)) is amended--
(1) in subparagraph (B)(ii), by striking ``or'' at the end;
(2) in subparagraph (C), by inserting ``or'' at the end;
(3) by inserting after subparagraph (C) the following:
``(D) who is granted nonimmigrant status pursuant to
section 101(a)(15)(Z-A) of the Immigration and Nationality
Act,''; and
(4) by striking ``1990.'' and inserting ``1990, or in the
case of an alien described in subparagraph (D), if such
conduct is alleged to have occurred before the date on which
the alien was granted such nonimmigrant status.''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the first day of the seventh month that
begins after the date of the enactment of this Act.
______

SA 1441. Mr. GRASSLEY (for himself, Mr. Baucus, and Mr. Obama)
submitted an amendment intended to be proposed by him to the bill S.
1348, to provide for comprehensive immigration reform and for other
purposes; which was ordered to lie on the table; as follows:

Strike title III and insert the following:

TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

(a) In General.--Section 274A (8 U.S.C. 1324a) is amended
to read as follows:

``SEC. 274A. UNLAWFUL EMPLOYMENT OF ALIENS.

``(a) Making Employment of Unauthorized Aliens Unlawful.--
``(1) In general.--It is unlawful for an employer--
``(A) to hire, or to recruit or refer for a fee, an alien
for employment in the United States knowing, or with reckless
disregard for the fact that, the alien is an unauthorized
alien with respect to such employment; or
``(B) to hire, or to recruit or refer for a fee, an
individual for employment in the United States, unless such
employer meets the requirements of subsections (c) and (d).
``(2) Continuing employment.--It is unlawful for an
employer, after hiring an alien for employment, to continue
to employ the alien in the United States knowing, or with
reckless disregard for the fact that, the alien is (or has
become) an unauthorized alien with respect to such
employment.
``(3) Use of labor through contract.--
``(A) In general.--An employer who uses a contract,
subcontract, or exchange to obtain, or to continue to obtain,
the labor of an alien in the United States knowing, or with
reckless disregard for the fact that, the alien is an
unauthorized alien with respect to performing such labor,
shall be considered to have hired the alien in violation of
paragraph (1)(A) or (2).
``(B) Information sharing.--The Secretary shall establish
procedures by which the employer may obtain confirmation from
the Secretary that the alien is not an unauthorized alien
with respect to performing such labor.
``(4) Defense.--
``(A) In general.--Subject to subparagraph (B), an employer
that establishes that the employer has complied in good faith
with the requirements of subsections (c) and (d) has
established an affirmative defense that the employer has not
violated paragraph (1)(A) with respect to such hiring,
recruiting, or referral.
``(B) Exception.--Until the date that an employer is
required to participate in the Electronic Employment
Verification System under subsection (d) or is participating
in such System on a voluntary basis, the employer may
establish an affirmative defense under subparagraph (A) by
complying with the requirements of subsection (c).
``(b) Order of Internal Review and Certification of
Compliance.--
``(1) Authority to require certification.--If the Secretary
has reasonable cause to believe that an employer has failed
to comply with this section, the Secretary is authorized, at
any time, to require that the employer certify that the
employer is in compliance with this section, or has
instituted a program to come into compliance.
``(2) Content of certification.--Not later than 60 days
after the date an employer receives a request for a
certification under paragraph (1) the employer shall certify
under penalty of perjury that--
``(A) the employer is in compliance with the requirements
of subsections (c) and (d); or
``(B) that the employer has instituted a program to come
into compliance with such requirements.
``(3) Extension.--The 60-day period referred to in
paragraph (2), may be extended by the Secretary for good
cause, at the request of the employer.
``(4) Publication.--The Secretary is authorized to publish
in the Federal Register standards or methods for
certification under paragraph (1) and for specific
recordkeeping practices with respect to such certification,
and procedures for the audit of any records related to such
certification.
``(c) Document Verification Requirements.--An employer
hiring, or recruiting or referring for a fee, an individual
for employment in the United States, shall verify that the
individual is eligible for such employment by meeting the
following requirements:
``(1) Attestation by employer.--
``(A) Requirements.--
``(i) In general.--The employer shall attest, under penalty
of perjury and on a form prescribed by the Secretary, that
the employer has verified the identity and eligibility for
employment of the individual by examining a document
described in subparagraph (B).
``(ii) Signature requirements.--An attestation required by
clause (i) may be manifested by a handwritten or electronic
signature.
``(iii) Standards for examination.--The employer has
complied with the requirement of this paragraph with respect
to examination of documentation if a reasonable person would
conclude that the document examined is genuine and relates to
the individual whose identity and eligibility for employment
in the United States is being verified. If the individual
provides a document sufficient to meet the requirements of
this paragraph, nothing in this paragraph shall be construed
as requiring an employer to solicit any other document or as
requiring the individual to produce any other document.
``(B) Identification documents.--A document described in
this subparagraph is--
``(i) in the case of an individual who is a national of the
United States--

``(I) a United States passport, or passport card issued
pursuant to the Secretary of State's authority under the
first section of the Act of July 3, 1926 (44 Stat. 887,
Chapter 772; 22 U.S.C. 211a); or
``(II) a driver's license or identity card issued by a
State, the Commonwealth of the Northern Mariana Islands, or
an outlying possession of the United States that--

``(aa) contains a photograph of the individual and other
identifying information, including the individual's name,
date of birth, gender, and address; and

[[Page S7242]]

``(bb) contains security features to make the license or
card resistant to tampering, counterfeiting, and fraudulent
use;
``(ii) in the case of an alien lawfully admitted for
permanent residence in the United States, a permanent
resident card, as specified by the Secretary that meets the
requirements of items (aa) and (bb) of clause (i)(II);
``(iii) in the case of an alien who is authorized to be
employed in the United States, an employment authorization
card, as specified by the Secretary that meets the
requirements of such items (aa) and (bb); or
``(iv) in the case of an individual who is unable to obtain
a document described in clause (i), (ii), or (iii), a
document designated by the Secretary that meets the
requirements of such items (aa) and (bb).
``(C) Authority to prohibit use of certain documents.--
``(i) Authority.--If the Secretary finds that a document or
class of documents described in subparagraph (B) is not
reliable to establish identity or is being used fraudulently
to an unacceptable degree, the Secretary shall prohibit, or
impose conditions, on the use of such document or class of
documents for purposes of this subsection.
``(ii) Requirement for publication.--The Secretary shall
publish notice of any findings under clause (i) in the
Federal Register.
``(2) Attestation of employee.--
``(A) Requirements.--
``(i) In general.--The individual shall attest, under
penalty of perjury on the form described in paragraph
(1)(A)(i), that the individual is a national of the United
States, an alien lawfully admitted for permanent residence,
or an alien who is authorized to be hired, or to be recruited
or referred for a fee, in the United States.
``(ii) Signature for examination.--An attestation required
by clause (i) may be manifested by a handwritten or
electronic signature.
``(B) Penalties.--An individual who falsely represents that
the individual is eligible for employment in the United
States in an attestation required by subparagraph (A) shall,
for each such violation, be subject to a fine of not more
than $5,000, a term of imprisonment not to exceed 3 years, or
both.
``(3) Retention of attestation.--The employer shall retain
a paper, microfiche, microfilm, or electronic version of the
attestations made under paragraphs (1) and (2) and make such
attestations available for inspection by an officer of the
Department of Homeland Security, any other person designated
by the Secretary, the Special Counsel for Immigration-Related
Unfair Employment Practices of the Department of Justice, or
the Secretary of Labor during a period beginning on the date
of the hiring, or recruiting or referring for a fee, of the
individual and ending--
``(A) in the case of the recruiting or referral for a fee
(without hiring) of an individual, 5 years after the date of
the recruiting or referral; or
``(B) in the case of the hiring of an individual the later
of--
``(i) 5 years after the date of such hiring;
``(ii) 1 year after the date the individual's employment is
terminated; or
``(iii) in the case of an employer or class of employers, a
period that is less than the applicable period described in
clause (i) or (ii) if the Secretary reduces such period for
such employer or class of employers.
``(4) Document retention and recordkeeping requirements.--
``(A) Retention of documents.--Notwithstanding any other
provision of law, an employer shall retain, for the
applicable period described in paragraph (3), the following
documents:
``(i) In general.--The employer shall copy all documents
presented by an individual described in paragraph (1)(B) and
shall retain paper, microfiche, microfilm, or electronic
copies of such documents. Such copies shall be designated as
copied documents.
``(ii) Other documents.--The employer shall maintain
records of any action taken and copies of any correspondence
written or received with respect to the verification of an
individual's identity or eligibility for employment in the
United States.
``(B) Use of retained documents.--An employer shall use
copies retained under clause (i) or (ii) of subparagraph (A)
only for the purposes of complying with the requirements of
this subsection, except as otherwise permitted under law.
``(5) Penalties.--An employer that fails to comply with the
recordkeeping requirements of this subsection shall be
subject to the penalties described in subsection (e)(4)(B).
``(6) No authorization of national identification cards.--
Nothing in this section may be construed to authorize,
directly or indirectly, the issuance, use, or establishment
of a national identification card.
``(d) Electronic Employment Verification System.--
``(1) Requirement for system.--The Secretary, in
cooperation with the Commissioner of Social Security, shall
implement an Electronic Employment Verification System
(referred to in this subsection as the `System') to determine
whether--
``(A) the identifying information submitted by an
individual is consistent with the information maintained by
the Secretary, the Secretary of State, the Commissioner of
Social Security, or the official of a State responsible for
issuing drivers' licenses and identity cards; and
``(B) such individual is eligible for employment in the
United States.
``(2) Requirement for participation.--
``(A) New employees.--The Secretary shall require all
employers in the United States to participate in the System,
with respect to all employees hired by the employer on or
after the date that is not later than 18 months after the
date of enactment of this section.
``(B) Other employees.--Not later than 3 years after such
date of enactment, the Secretary shall require all employers
to verify through the System the identity and employment
eligibility of any individual who--
``(i) the Secretary has reason to believe is unlawfully
employed based on the information received under section
6103(l)(21) of the Internal Revenue Code of 1986; and
``(ii) has not been previously verified through the System.
``(3) Other participation in system.--Notwithstanding
paragraph (2), the Secretary has the authority--
``(A) to permit any employer that is not required to
participate in the System under paragraph (2) to participate
in the System on a voluntary basis; and
``(B) to require any employer or class of employers to
participate on a priority basis in the System with respect to
individuals employed as of, or hired after, the date of
enactment of this section--
``(i) if the Secretary designates such employer or class of
employers as a critical employer based on an assessment of
homeland security or national security needs; or
``(ii) if the Secretary has reasonable cause to believe
that the employer has engaged in material violations of
paragraph (1), (2), or (3) of subsection (a).
``(4) Requirement to notify.--The Secretary shall notify
the employer or class of employers in writing regarding the
requirement for participation in the System under paragraph
(2) or (3)(B) not less than 60 days prior to the effective
date of such requirement. Such notice shall include the
training materials described in paragraph (8)(E)(iv).
``(5) Registration of employers.--An employer shall
register the employer's participation in the System in the
manner prescribed by the Secretary prior to the date the
employer is required or permitted to submit information with
respect to an employee under this subsection.
``(6) Additional guidance.--A registered employer shall be
permitted to utilize any technology that is consistent with
this section and with any regulation or guidance from the
Secretary to streamline the procedures to facilitate
compliance with--
``(A) the attestation requirement in subsection (c); and
``(B) the employment eligibility verification requirements
in this subsection.
``(7) Consequence of failure to participate.--If an
employer is required to participate in the System and fails
to comply with the requirements of the System with respect to
an employee--
``(A) such failure shall be treated as a violation of
subsection (a)(1)(B); and
``(B) a rebuttable presumption is created that the employer
has violated subsection (a)(1)(A), however, such presumption
may not apply to a prosecution under subsection (f)(1).
``(8) Design and operation of system.--
``(A) In general.--The Secretary shall, through the
System--
``(i) respond to each inquiry made by a registered employer
through the Internet or other electronic media, or over a
toll-free telephone line regarding an individual's identity
and eligibility for employment in the United States; and
``(ii) maintain a record of each such inquiry and the
information provided in response to such inquiry.
``(B) Initial inquiry.--
``(i) Information required.--A registered employer shall
with respect to hiring or recruiting or referring for a fee
any individual for employment in the United States, obtain
from the individual and record on the form described in
subsection (c)(1)(A)(i)--

``(I) the individual's name and date of birth;
``(II) the individual's social security account number;
``(III) the identification number contained on the document
presented by the individual pursuant to subsection (c)(1)(B);
and
``(IV) in the case of an individual who does not attest
that the individual is a national of the United States under
subsection (c)(1)(A)(i), such alien identification or
authorization number that the Secretary shall require.

``(ii) Submission to system.--A registered employer shall
submit an inquiry through the System to seek confirmation of
the individual's identity and eligibility for employment in
the United States--

``(I) no earlier than the date of hire and no later than
the first day of employment, or recruiting or referring for a
fee, of the individual (as the case may be); or
``(II) in the case of an employee hired before such
employer was required to participate in the system, at such
time as the Secretary shall specify.

``(C) Initial response.--Not later than 3 days after an
employer submits an inquiry to the System regarding an
individual, the Secretary shall provide, through the System,
to the employer--
``(i) if the System is able to confirm the individual's
identity and eligibility for employment in the United States,
a confirmation notice, including the appropriate codes on
such confirmation notice; or

[[Page S7243]]

``(ii) if the System is unable to confirm the individual's
identity or eligibility for employment in the United States,
and after a secondary manual verification has been conducted,
a tentative nonconfirmation notice, including the appropriate
codes on such tentative nonconfirmation notice.
``(D) Confirmation or nonconfirmation.--
``(i) Confirmation upon initial inquiry.--If an employer
receives a confirmation notice under subparagraph (C)(i) for
an individual, the employer shall record, on the form
described in subsection (c)(1)(A)(i), the appropriate code
provided in such notice.
``(ii) Tentative nonconfirmation.--If an employer receives
a tentative nonconfirmation notice under subparagraph (C)(ii)
for an individual, the employer shall inform such individual
of the issuance of such notice in writing, on a form
prescribed by the Secretary not later than 3 days after
receiving such notice. Such individual shall acknowledge
receipt of such notice in writing on the form described in
subsection (c)(1)(A)(i).
``(iii) No contest.--If the individual does not contest the
tentative nonconfirmation notice within 10 days of receiving
notice from the individual's employer, the notice shall
become final and the employer shall record on the form
described in subsection (c)(1)(A)(i), the appropriate code
provided through the System to indicate the individual did
not contest the tentative nonconfirmation. An individual's
failure to contest a tentative nonconfirmation shall not be
considered an admission of guilt with respect to any
violation of this Act or any other provision of law.
``(iv) Contest.--If the individual contests the tentative
nonconfirmation notice, the individual shall submit
appropriate information to contest such notice under the
procedures established in subparagraph (E)(ii) not later than
10 days after receiving the notice from the individual's
employer.
``(v) Effective period of tentative nonconfirmation
notice.--A tentative nonconfirmation notice shall remain in
effect until such notice becomes final under clause (iii) or
a final confirmation notice or final nonconfirmation notice
is issued through the System.
``(vi) Effective period of final notice.--A final
confirmation notice issued under this paragraph for an
individual shall remain in effect--

``(I) during any continuous period of employment of such
individual by such employer, unless the Secretary determines
the final confirmation was the result of error or fraud; or
``(II) in the case of an alien authorized to be employed in
the United States for a temporary period, during such period.

``(vii) Prohibition on termination.--An employer may not
terminate such employment of an individual based on a
tentative nonconfirmation notice until such notice becomes
final under clause (iii) or a final nonconfirmation notice is
issued for the individual by the System. Nothing in this
clause shall prohibit the termination of such employment for
any reason other than such tentative nonconfirmation.
``(viii) Recording of contest resolution.--The employer
shall record on the form described in subsection (c)(1)(A)(i)
the appropriate code that is provided through the System to
indicate a final confirmation notice or final nonconfirmation
notice.
``(ix) Consequences of nonconfirmation.--If the employer
has received a final nonconfirmation regarding an individual,
the employer shall immediately terminate the employment,
recruitment, or referral of the individual. Such employer
shall provide to the Secretary any information relating to
the individual that the Secretary determines would assist the
Secretary in enforcing or administering the immigration laws.
If the employer continues to employ, recruit, or refer the
individual after receiving final nonconfirmation, a
rebuttable presumption is created that the employer has
violated subsections (a)(1)(A) and (a)(2). Such presumption
may not apply to a prosecution under subsection (f)(1).
``(E) Responsibilities of the secretary.--
``(i) In general.--The Secretary shall establish a
reliable, secure method to provide through the System, within
the time periods required by this subsection--

``(I) a determination of whether the name and alien
identification or authorization number provided in an inquiry
by an employer is consistent with such information maintained
by the Secretary in order to confirm the validity of the
information provided; and
``(II) a determination of whether the individual is
authorized to be employed in the United States.

``(ii) Contest and self-verification.--The Secretary in
consultation with the Commissioner of Social Security, shall
establish procedures to permit an individual who contests a
tentative or final nonconfirmation notice, or seeks to verify
the individual's own employment eligibility prior to
obtaining or changing employment, to contact the appropriate
agency and, in a timely manner, correct or update the
information used by the System.
``(iii) Information to employee.--The Secretary shall
develop a written form for employers to provide to
individuals who receive a tentative or final nonconfirmation
notice. Such form shall be made available in a language other
than English, as necessary and reasonable, and shall
include--

``(I) information about the reason for such notice;
``(II) the right to contest such notice;
``(III) contact information for the appropriate agency and
instructions for initiating such contest; and
``(IV) a 24-hour toll-free telephone number to respond to
inquiries related to such notice.

``(iv) Training materials.--The Secretary shall make
available or provide to the employer, upon request, not later
than 60 days prior to such employer's participation in the
System, appropriate training materials to facilitate
compliance with this subsection, and sections 274B(a)(7) and
274C(a).
``(F) Responsibilities of the commissioner of social
security.--The responsibilities of the Commissioner of Social
Security with respect to the System are set out in section
205(c)(2) of the Social Security Act.
``(G) Responsibilities of the secretary of state.--The
Secretary of State shall establish a reliable, secure method
to provide through the System a confirmation of the issuance
of identity documents described in subsection (c)(1)(B)(i)(I)
and transmit to the Secretary the related photographic image
or other identifying information.
``(H) Responsibilities of a state.--The official
responsible for issuing drivers' licenses and identity cards
for a State shall establish a reliable, secure method to
provide through the System a confirmation of the issuance of
identity documents described in subsection (c)(1)(B)(i)(II)
and transmit to the Secretary the related photographic image
or other identifying information.
``(9) Protection from liability.--No employer that
participates in the System shall be liable under any law for
any employment-related action taken with respect to an
individual in good faith reliance on information provided by
the System.
``(10) Administrative review.--
``(A) In general.--An individual who is terminated from
employment as a result of a final nonconfirmation notice may,
not later than 30 days after the date of such termination,
file an appeal of such notice.
``(B) Procedures.--The Secretary and Commissioner of Social
Security shall develop procedures to review appeals filed
under subparagraph (A) and to make final determinations on
such appeals.
``(C) Review for errors.--If a final determination on an
appeal filed under subparagraph (A) results in a confirmation
of an individual's eligibility to work in the United States,
the administrative review process shall require the Secretary
to determine whether the final nonconfirmation notice issued
for the individual was the result of--
``(i) the decision rules, processes, or procedures utilized
by the System;
``(ii) a natural disaster, or other event beyond the
control of the government;
``(iii) acts or omissions of an employee or official
operating or responsible for the System;
``(iv) acts or omissions of the individual's employer;
``(v) acts or omissions of the individual; or
``(vi) any other reason.
``(D) Compensation for error.--
``(i) In general.--If the Secretary makes a determination
under subparagraph (C) that the final nonconfirmation notice
issued for an individual was caused by a negligent, reckless,
willful, or malicious act of the government, and was not due
to an act or omission of the individual, the Secretary shall
compensate the individual for lost wages.
``(ii) Calculation of lost wages.--Lost wages shall be
calculated based on the wage rate and work schedule that
prevailed prior to termination. The individual shall be
compensated for wages lost during the period beginning on the
date the individual files a notice of appeal under this
paragraph and ending on the earlier of--

``(I) the date which is 180 days thereafter; or
``(II) the day after the date the individual receives a
confirmation described in subparagraph (C).

``(11) Judicial review.--
``(A) In general.--After the Secretary makes a final
determination on an appeal filed by an individual under the
administrative review process described in paragraph (10),
the individual may obtain judicial review of such
determination by a civil action commenced not later than 30
days after the date of such decision, or such further time as
the Secretary may allow.
``(B) Jurisdiction.--A civil action for such judicial
review shall be brought in the district court of the United
States for the judicial district in which the plaintiff
resides, or has a principal place of business, or, if the
plaintiff does not reside or have a principal place of
business within any such judicial district, in the District
Court of the United States for the District of Columbia.
``(C) Answer.--As part of the Secretary's answer to a
complaint for such judicial review, the Secretary shall file
a certified copy of the administrative record compiled during
the administrative review under paragraph (10), including the
evidence upon which the findings and decision complained of
are based. The court shall have power to enter, upon the
pleadings and transcript of the record, a judgment affirming
or reversing the result of that administrative review, with
or without remanding the cause for a rehearing.
``(D) Compensation for error.--
``(i) In general.--In cases in which such judicial review
reverses the final determination of the Secretary made under
paragraph

[[Page S7244]]

(10), the court shall compensate the individual for lost
wages.
``(ii) Calculation of lost wages.--Lost wages shall be
calculated based on the wage rate and work scheduled that
prevailed prior to termination. The individual shall be
compensated for wages lost during the period beginning on the
date the individual files a notice of appeal under paragraph
(10) and ending on the earlier of--

``(I) the date which is 180 days thereafter; or
``(II) the day after the date the individual receives a
reversal described in clause (i).

``(12) Compensation for loss of employment.--For purposes
of paragraphs (10) and (11)--
``(A) Limitation on compensation.--For purposes of
determining an individual's compensation for the loss of
employment, such compensation shall not include any period in
which the individual was not present in, or was ineligible
for employment in, the United States.
``(B) Source of funds.--Compensation or reimbursement
provided under such paragraphs shall be provided from funds
appropriated that are not otherwise obligated.
``(13) Limitation on collection and use of data.--
``(A) Limitation on collection of data.--
``(i) In general.--The Secretary shall collect and maintain
only the minimum data necessary to facilitate the successful
operation of the System, and in no case shall the data be
other than--

``(I) information necessary to register employers under
paragraph (5);
``(II) information necessary to initiate and respond to
inquiries or contests under paragraph (8);
``(III) information necessary to establish and enforce
compliance with paragraphs (5) and (8);
``(IV) information necessary to detect and prevent
employment-related identity fraud; and
``(V) such other information the Secretary determines is
necessary, subject to a 180-day notice and comment period in
the Federal Register.

``(ii) Penalties.--Any officer, employee, or contractor who
willfully and knowingly collects and maintains data in the
System other than data described in clause (i) shall be
guilty of a misdemeanor and fined $1,000 for each violation.
``(B) Limitation on use of data.--Whoever willfully and
knowingly accesses, discloses, or uses any information
obtained or maintained by the System--
``(i) for the purpose of committing identity fraud, or
assisting another person in committing identity fraud, as
defined in section 1028 of title 18, United States Code;
``(ii) for the purpose of unlawfully obtaining employment
in the United States or unlawfully obtaining employment in
the United States for any other person; or
``(iii) for any purpose other than as provided for under
any provision of law;
shall be guilty of a felony and upon conviction shall be
fined under title 18, United States Code, or imprisoned for
not more than 5 years, or both.
``(C) Exceptions.--Nothing in subparagraph (A) or (B) may
be construed to limit the collection, maintenance, or use of
data by the Commissioner of Internal Revenue or the
Commissioner of Social Security as provided by law.
``(14) Modification authority.--The Secretary, after notice
is submitted to Congress and provided to the public in the
Federal Register, is authorized to modify the requirements of
this subsection with respect to completion of forms, method
of storage, attestations, copying of documents, signatures,
methods of transmitting information, and other operational
and technical aspects to improve the efficiency, accuracy,
and security of the System. The Secretary shall minimize the
collection and storage of paper documents and maximize the
use of electronic records, including electronic signatures.
``(15) Annual gao study and report.--
``(A) Requirement.--The Comptroller General of the United
States shall conduct an annual study of the System.
``(B) Purpose.--The study shall evaluate the accuracy,
efficiency, integrity, and impact of the System.
``(C) Report.--Not later than the date that is 24 months
after the date of the enactment of this section, and annually
thereafter, the Comptroller General shall submit to Congress
a report containing the findings of the study carried out
under this paragraph. Each such report shall include, at a
minimum, the following:
``(i) An assessment of System performance with respect to
the rate at which individuals who are eligible for employment
in the United States are correctly approved within each of
the periods specified in paragraph (8), including a separate
assessment of such rate for nationals and aliens.
``(ii) An assessment of the privacy and security of the
System and its effects on identity fraud or the misuse of
personal data.
``(iii) An assessment of the effects of the System on the
employment of unauthorized aliens.
``(iv) An assessment of the effects of the System,
including the effects of tentative confirmations on unfair
immigration-related employment practices, and employment
discrimination based on national origin or citizenship
status.
``(v) An assessment of whether the Secretary and the
Commissioner of Social Security have adequate resources to
carry out the duties and responsibilities of this section.
``(e) Compliance.--
``(1) Complaints and investigations.--The Secretary shall
establish procedures--
``(A) for individuals and entities to file complaints
regarding potential violations of subsection (a);
``(B) for the investigation of such complaints that the
Secretary determines are appropriate to investigate; and
``(C) for the investigation of other violations of
subsection (a) that the Secretary determines is appropriate.
``(2) Authority in investigations.--
``(A) In general.--In conducting investigations and
hearings under this subsection, officers and employees of the
Department of Homeland Security--
``(i) shall have reasonable access to examine evidence
regarding any employer being investigated; and
``(ii) if designated by the Secretary, may compel by
subpoena the attendance of witnesses and the production of
evidence at any designated place in an investigation or case
under this subsection.
``(B) Failure to cooperate.--In case of refusal to obey a
subpoena lawfully issued under subparagraph (A)(ii), the
Secretary may request that the Attorney General apply in an
appropriate district court of the United States for an order
requiring compliance with such subpoena, and any failure to
obey such order may be punished by such court as contempt.
``(C) Department of labor.--The Secretary of Labor shall
have the investigative authority provided under section 11(a)
of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to
ensure compliance with the provisions of this section.
``(3) Compliance procedures.--
``(A) Prepenalty notice.--If the Secretary has reasonable
cause to believe that there has been a violation of a
requirement of this section and determines that further
proceedings related to such violation are warranted, the
Secretary shall issue to the employer concerned a written
notice of the Secretary's intention to issue a claim for a
fine or other penalty. Such notice shall--
``(i) describe the violation;
``(ii) specify the laws and regulations allegedly violated;
``(iii) specify the amount of fines or other penalties to
be imposed;
``(iv) disclose the material facts which establish the
alleged violation; and
``(v) inform such employer that the employer shall have a
reasonable opportunity to make representations as to why a
claim for a monetary or other penalty should not be imposed.
``(B) Remission or mitigation of penalties.--
``(i) Review by secretary.--If the Secretary determines
that such fine or other penalty was incurred erroneously, or
determines the existence of such mitigating circumstances as
to justify the remission or mitigation of such fine or
penalty, the Secretary may remit or mitigate such fine or
other penalty on the terms and conditions as the Secretary
determines are reasonable and just, or order termination of
any proceedings related to the notice. Such mitigating
circumstances may include good faith compliance and
participation in, or agreement to participate in, the System,
if not otherwise required.
``(ii) Applicability.--This subparagraph may not apply to
an employer that has or is engaged in a pattern or practice
of violations of paragraph (1), (2), or (3) of subsection (a)
or of any other requirements of this section.
``(C) Penalty claim.--After considering evidence and
representations offered by the employer, the Secretary shall
determine whether there was a violation and promptly issue a
written final determination setting forth the findings of
fact and conclusions of law on which the determination is
based and the appropriate penalty.
``(4) Civil penalties.--
``(A) Hiring or continuing to employ unauthorized aliens.--
Any employer that violates any provision of paragraph (1),
(2), or (3) of subsection (a) shall pay civil penalties as
follows:
``(i) Pay a civil penalty of $5,000 for each unauthorized
alien with respect to each such violation.
``(ii) If the employer has previously been fined 1 time
under this subparagraph, pay a civil penalty of $10,000 for
each unauthorized alien with respect to each such violation.
``(iii) If the employer has previously been fined more than
1 time under this subparagraph or has failed to comply with a
previously issued and final order related to any such
provision, pay a civil penalty of $25,000 for each
unauthorized alien with respect to each such violation.
``(iv) If the employer has previously been fined more than
2 times under this subparagraph or has failed to comply with
a previously issued and final order related to any such
provision, pay a civil penalty of $75,000 for each
unauthorized alien with respect to each such violation.
``(v) An employer who fails to comply with a written final
determination under paragraph (3)(C) shall be fined $75,000
for each violation, in addition to any fines or other
penalties imposed by such determination.
``(B) Recordkeeping or verification practices.--Any
employer that violates or fails to comply with the
recordkeeping requirements of subsections (a), (c), and (d),
shall pay a civil penalty as follows:

[[Page S7245]]

``(i) Pay a civil penalty of $1,000 for each such
violation.
``(ii) If the employer has previously been fined 1 time
under this subparagraph, pay a civil penalty of $2,000 for
each such violation.
``(iii) If the employer has previously been fined more than
1 time under this subparagraph, pay a civil penalty of $5,000
for each such violation.
``(iv) If the employer has previously been fined more than
2 times under this subparagraph, pay a civil penalty of
$15,000 for each such violation.
``(v) An employer who fails to comply with a written final
determination under paragraph (3) shall be fined $15,000 for
each violation, in addition to any fines or other penalties
imposed by such determination.
``(C) Other penalties.--Notwithstanding subparagraphs (A)
and (B), the Secretary may impose additional penalties for
violations, including violations of cease and desist orders,
specially designed compliance plans to prevent further
violations, suspended fines to take effect in the event of a
further violation, and in appropriate cases, the criminal
penalty described in subsection (f).
``(5) Judicial review.--An employer adversely affected by a
final determination may, within 30 days after the date the
final determination is issued, file a petition in any
appropriate district court of the United States. The filing
of a petition as provided in this paragraph shall stay the
Secretary's determination until entry of judgment by the
court. The burden shall be on the employer to show that the
final determination was not supported by substantial
evidence. The Secretary is authorized to require that the
petitioner provide, prior to filing for review, security for
payment of fines and penalties through bond or other
guarantee of payment acceptable to the Secretary.
``(6) Enforcement of orders.--If an employer fails to
comply with a final determination issued against that
employer under this subsection, and the final determination
is not subject to review as provided in paragraph (5), the
Attorney General may file suit to enforce compliance with the
final determination, not earlier than 31 days and not later
than 180 days after the date the final determination is
issued, in any appropriate district court of the United
States. In any such suit, the validity and appropriateness of
the final determination shall not be subject to review.
``(f) Criminal Penalties and Injunctions for Pattern or
Practice Violations.--
``(1) Criminal penalty.--An employer that engages in a
pattern or practice of knowing violations of subsection
(a)(1)(A) or (a)(2) shall be fined not more than $75,000 for
each unauthorized alien with respect to whom such a violation
occurs, imprisoned for not more than 3 years for the entire
pattern or practice, or both.
``(2) Enjoining of pattern or practice violations.--If the
Secretary or the Attorney General has reasonable cause to
believe that an employer is engaged in a pattern or practice
of employment, recruitment, or referral in violation of
paragraph (1)(A) or (2) of subsection (a), the Attorney
General may bring a civil action in the appropriate district
court of the United States requesting a permanent or
temporary injunction, restraining order, or other order
against the employer, as the Secretary deems necessary.
``(g) Adjustment for Inflation.--All penalties in this
section shall be increased every 4 years beginning January
2011 to reflect the percentage increase in the consumer price
index for all urban consumers (all items; U.S. city average)
for the 48 month period ending with September of the year
preceding the year such adjustment is made. Any adjustment
under this subparagraph shall be rounded to the nearest
dollar.
``(h) Prohibition of Indemnity Bonds.--
``(1) Prohibition.--It is unlawful for an employer, in the
hiring, recruiting, or referral of an individual, to require
the individual to post a bond or security, to pay or agree to
pay an amount, or otherwise to provide a financial guarantee
or indemnity, against any potential liability arising under
this section relating to such hiring, recruiting, or referral
of the individual.
``(2) Civil penalty.--Any employer which is determined,
after notice and opportunity for mitigation of the monetary
penalty under subsection (e), to have violated paragraph (1)
of this subsection shall be subject to a civil penalty of
$10,000 for each violation and to an administrative order
requiring the return of any amounts received in violation of
such paragraph to the employee or, if the employee cannot be
located, to the Employer Compliance Fund established under
section 286(z).
``(i) Prohibition on Award of Government Contracts, Grants,
and Agreements.--
``(1) Employers with no contracts, grants, or agreements.--
``(A) In general.--If an employer who does not hold a
Federal contract, grant, or cooperative agreement is
determined by the Secretary to be a repeat violator of this
section or is convicted of a crime under this section, the
employer shall be subject to debarment from the receipt of a
Federal contract, grant, or cooperative agreement for a
period of not more than 2 years in accordance with the
procedures and standards prescribed by the Federal
Acquisition Regulations. The Secretary or the Attorney
General shall advise the Administrator of General Services of
such a debarment, and the Administrator of General Services
shall list the employer on the List of Parties Excluded from
Federal Procurement and Nonprocurement Programs for a period
of the debarment.
``(B) Waiver.--The Administrator of General Services, in
consultation with the Secretary and the Attorney General, may
waive operation of this subsection or may limit the duration
or scope of the debarment.
``(2) Employers with contracts, grants, or agreements.--
``(A) In general.--An employer who holds a Federal
contract, grant, or cooperative agreement and is determined
by the Secretary to be a repeat violator of this section or
is convicted of a crime under this section, shall be subject
to debarment from the receipt of new Federal contracts,
grants, or cooperative agreements for a period of not more
than 2 years in accordance with the procedures and standards
prescribed by the Federal Acquisition Regulations.
``(B) Notice to agencies.--Prior to debarring the employer
under subparagraph (A), the Secretary, in cooperation with
the Administrator of General Services, shall advise all
agencies or departments holding a contract, grant, or
cooperative agreement with the employer of the Government's
intention to debar the employer from the receipt of new
Federal contracts, grants, or cooperative agreements for a
period of not more than 2 years.
``(C) Waiver.--After consideration of the views of all
agencies or departments that hold a contract, grant, or
cooperative agreement with the employer, the Secretary may,
in lieu of debarring the employer from the receipt of new
Federal contracts, grants, or cooperative agreements for a
period of nor more than 2 years, waive operation of this
subsection, limit the duration or scope of the debarment, or
may refer to an appropriate lead agency the decision of
whether to debar the employer, for what duration, and under
what scope in accordance with the procedures and standards
prescribed by the Federal Acquisition Regulation. However,
any proposed debarment predicated on an administrative
determination of liability for civil penalty by the Secretary
or the Attorney General shall not be reviewable in any
debarment proceeding.
``(3) Suspension.--Indictments for violations of this
section or adequate evidence of actions that could form the
basis for debarment under this subsection shall be considered
a cause for suspension under the procedures and standards for
suspension prescribed by the Federal Acquisition Regulation.
``(4) Determination of repeat violators.--Inadvertent
violations of recordkeeping or verification requirements, in
the absence of any other violations of this section, shall
not be a basis for determining that an employer is a repeat
violator for purposes of this subsection.
``(j) Miscellaneous Provisions.--
``(1) Documentation.--In providing documentation or
endorsement of authorization of aliens eligible to be
employed in the United States, the Secretary shall provide
that any limitations with respect to the period or type of
employment or employer shall be conspicuously stated on the
documentation or endorsement (other than aliens lawfully
admitted for permanent residence).
``(2) Preemption.--The provisions of this section preempt
any State or local law--
``(A) imposing civil or criminal sanctions upon those who
hire, or recruit or refer for a fee, unauthorized aliens for
employment; or
``(B) requiring the use of the System for any unauthorized
purpose, or any authorized purpose prior to the time such use
is required or permitted by Federal law.
``(k) Deposit of Amounts Received.--Except as otherwise
specified, civil penalties collected under this section shall
be deposited by the Secretary into the Employer Compliance
Fund established under section 286(z).
``(l) Definitions.--In this section:
``(1) Secretary.--Except as otherwise provided, the term
`Secretary' means the Secretary of Homeland Security.
``(2) Unauthorized alien.--The term `unauthorized alien'
means, with respect to the employment of an alien at a
particular time, that the alien is not at that time either--
``(A) an alien lawfully admitted for permanent residence;
or
``(B) authorized to be so employed by this Act or by the
Secretary under any other provision of law.''.
(b) Conforming Amendments.--
(1) Amendments.--
(A) Repeal of basic pilot.--Sections 401, 402, 403, 404,
and 405 of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (division C of Public Law 104-208;
8 U.S.C. 1324a note) are repealed.
(B) Repeal of reporting requirements.--
(i) Report on earnings of aliens not authorized to work.--
Subsection (c) of section 290 (8 U.S.C. 1360) is repealed.
(ii) Report on fraudulent use of social security account
numbers.--Subsection (b) of section 414 of the Illegal
Immigration Reform and Immigrant Responsibility Act of 1996
(division C of Public Law 104-208; 8 U.S.C. 1360 note) is
repealed.
(2) Construction.--Nothing in this subsection or in
subsection (d) of section 274A, as amended by subsection (a),
may be construed to limit the authority of the Secretary to
allow or continue to allow the participation of employers who
participated in the basic pilot program under sections 401,
402, 403, 404, and 405 of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208;

[[Page S7246]]

8 U.S.C. 1324a note) in the Electronic Employment
Verification System established pursuant to such subsection
(d).
(c) Technical Amendments.--
(1) Definition of unauthorized alien.--Sections 218(i)(1)
(8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)),
274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1)
(8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)''
and inserting ``274A''.
(2) Document requirements.--Section 274B (8 U.S.C. 1324b)
is amended--
(A) in subsections (a)(6) and (g)(2)(B), by striking
``274A(b)'' and inserting ``274A(c) and (d)''; and
(B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)''
and inserting ``274A(c)''.
(d) Amendments to the Social Security Act.--
(1) Section 205(c)(2) of the Social Security Act (42 U.S.C.
405(c)(2)) is amended by adding at the end the following new
subparagraphs:
``(I)(i) The Commissioner of Social Security shall, subject
to the provisions of section 301(f)(2) of the Secure Borders,
Economic Opportunity, and Immigration Reform Act of 2007,
establish a reliable, secure method to provide through the
Electronic Employment Verification System established
pursuant to subsection (d) of section 274A of the Immigration
and Nationality Act (referred to in this subparagraph as the
`System'), within the time periods required by paragraph (8)
of such subsection--
``(I) a determination of whether the name, date of birth,
and social security account number of an individual provided
in an inquiry made to the System by an employer is consistent
with such information maintained by the Commissioner;
``(II) a determination of the citizenship status associated
with such name and social security account number, according
to the records maintained by the Commissioner;
``(III) a determination of whether the name and number
belongs to an individual who is deceased, according to the
records maintained by the Commissioner;
``(IV) a determination of whether the name and number is
blocked in accordance with clause (ii); and
``(V) a confirmation notice or a nonconfirmation notice
described in such paragraph (8), in a manner that ensures
that other information maintained by the Commissioner is not
disclosed or released to employers through the System.
``(ii) The Commissioner of Social Security shall prevent
the fraudulent or other misuse of a social security account
number by establishing procedures under which an individual
who has been assigned a social security account number may
block the use of such number under the System and remove such
block.
``(J) In assigning social security account numbers to
aliens who are authorized to work in the United States under
section 218A of the Immigration and Nationality Act, the
Commissioner of Social Security shall--
``(i) to the maximum extent practicable, assign such
numbers by employing the enumeration procedure administered
jointly by the Commissioner, the Secretary of State, and the
Secretary of Homeland Security;
``(ii) in all cases, record, verify, and maintain an
electronic record of the alien identification or
authorization number issued by the Secretary and utilized by
the Commissioner in assigning such social security account
number; and
``(iii) upon the issuance of a social security account
number, transmit such number to the Secretary of Homeland
Security for inclusion in such alien's record maintained by
the Secretary.''.
(2) Section 205(c)(2)(C)(i) of the Social Security Act (42
U.S.C. 405(c)(2)(C)(i)) is amended by adding at the end the
following: ``Any State that utilizes a social security
account number for such purpose shall enter into an agreement
with the Commissioner to allow the Commissioner to verify the
name, date of birth, and the identity number issued by the
official the State responsible for issuing drivers' licenses
and identity cards. Such agreement shall be under the same
terms and conditions as agreements entered into by the
Commissioner under paragraph 205(r)(8).''.
(3) Section 205(r) of the Social Security Act (42 U.S.C.
405(r)) is amended by adding at the end the following new
paragraph:
``(9) Notwithstanding this section or any agreement entered
into thereunder, the Commissioner of Social Security is
authorized to disclose death information to the Secretary of
Homeland Security to the extent necessary to carry out the
responsibilities required under subsection (c)(2) and section
6103(l)(21) of the Internal Revenue Code of 1986.''.
(e) Disclosure of Certain Taxpayer Identity Information.--
(1) In general.--Section 6103(l) of the Internal Revenue
Code of 1986 is amended by adding at the end the following
new paragraph:
``(21) Disclosure of certain taxpayer identity information
by the social security administration to the department of
homeland security.--
``(A) In general.--Upon written request by the Secretary of
Homeland Security, the Commissioner of Social Security or the
Secretary shall disclose directly to officers, employees, and
contractors of the Department of Homeland Security the
following information:
``(i) Disclosure of employer no match notices.--The
taxpayer identity of each person who has filed an information
return required by reason of section 6051 or section 6041(a)
for tax year 2005 and subsequent tax years that end before
the date that is specified in subparagraph (F) which
contains--

``(I) 1 (or any greater number the Secretary shall request)
name and taxpayer identifying number of any employee (within
the meaning of section 6051) or any recipient (within the
meaning of section 6041(a)) that could not be matched to the
records maintained by the Commissioner of Social Security, or
``(II) 2 (or any greater number the Secretary shall
request) names of employees (within the meaning of such
section) or recipients (within the meaning of section
6041(a)) with the same taxpayer identifying number,

and the taxpayer identity of each such employee or recipient.
``(ii) Disclosure of information regarding use of duplicate
taxpayer identifying information of employees.--The taxpayer
identity of each person who has filed an information return
required by reason of section 6051 or section 6041(a) for tax
year 2005 and subsequent tax years that end before the date
that is specified in subparagraph (F) which contains the
taxpayer identifying number (assigned under section 6109) of
an employee (within the meaning of section 6051) or a
recipient (within the meaning of section 6041(a))--

``(I) who is under the age of 14 (or any lesser age the
Secretary shall request), according to the records maintained
by the Commissioner of Social Security,
``(II) whose date of death, according to the records so
maintained, occurred in a calendar year preceding the
calendar year for which the information return was filed,
``(III) whose taxpayer identifying number is contained in
more than one (or any greater number the Secretary shall
request) information return filed in such calendar year, or
``(IV) who is not authorized to work in the United States,
according to the records maintained by the Commissioner of
Social Security,

and the taxpayer identity of each such employee or recipient.
``(iii) Disclosure of information regarding
nonparticipating employers.--The taxpayer identity of each
person who has filed an information return required by reason
of section 6051 or section 6041(a) which the Commissioner of
Social Security or the Secretary, as the case may be, has
reason to believe, based on a comparison with information
submitted by the Secretary of Homeland Security, contains
evidence of such person's failure to register and participate
in the Electronic Employment Verification System authorized
under section 274A(d) of the Immigration and Nationality Act
(hereafter in this paragraph referred to as the `System').
``(iv) Disclosure of information regarding new employees of
nonparticipating employers.--The taxpayer identity of all
employees (within the meaning of section 6051) hired and
recipients (within the meaning of section 6041(a)) retained
after the date a person identified in clause (iii) is
required to participate in the System under section
274A(d)(2) or section 274A(d)(3)(B) of the Immigration and
Nationality Act.
``(v) Disclosure of information regarding employees of
certain designated employers.--The taxpayer identity of all
employees (within the meaning of section 6051) and recipients
(within the meaning of section 6041(a)) of each person who is
required to participate in the System under section
274A(d)(3)(B) of the Immigration and Nationality Act.
``(vi) Disclosure of new hire taxpayer identity
information.--The taxpayer identity of each person
participating in the System and the taxpayer identity of all
employees (within the meaning of section 6051) of such person
hired and all recipients (within the meaning of section
6041(a)) of such person retained during the period beginning
with the later of--

``(I) the date such person begins to participate in the
System, or
``(II) the date of the request immediately preceding the
most recent request under this clause,

ending with the date of the most recent request under this
clause.
``(B) Restriction on disclosure.--The taxpayer identities
disclosed under subparagraph (A) may be used by officers,
employees, and contractors of the Department of Homeland
Security only for purposes of, and to the extent necessary
in--
``(i) preventing identity fraud;
``(ii) preventing aliens from unlawfully obtaining
employment in the United States;
``(iii) establishing and enforcing employer participation
in the System;
``(iv) carrying out, including through civil administrative
and civil judicial proceedings, of sections 212, 217, 235,
237, 238, 274A, 274B, and 274C of the Immigration and
Nationality Act; and
``(v) the civil operation of the Alien Terrorist Removal
Court.
``(C) Reimbursement.--The Commissioner of Social Security
and the Secretary shall prescribe a reasonable fee schedule
based on the additional costs directly incurred for
furnishing taxpayer identities under this paragraph and
collect such fees in advance from the Secretary of Homeland
Security.
``(D) Information returns under section 6041.--For purposes
of this paragraph, any reference to information returns
required by reason of section 6041(a) shall only be a
reference to such information returns relating to payments
for labor.

[[Page S7247]]

``(E) Form of disclosure.--The taxpayer identities to be
disclosed under paragraph (A) shall be provided in a form
agreed upon by the Commissioner of Social Security, the
Secretary, and the Secretary of Homeland Security.
``(F) Termination.--This paragraph shall not apply to any
request made after the date which is 5 years after the date
of the enactment of this paragraph.''.
(2) Compliance by dhs contractors with confidentiality
safeguards.--
(A) In general.--Section 6103(p) of such Code is amended by
adding at the end the following new paragraph:
``(9) Disclosure to dhs contractors.--Notwithstanding any
other provision of this section, no return or return
information shall be disclosed to any contractor of the
Department of Homeland Security unless such Department, to
the satisfaction of the Secretary--
``(A) has requirements in effect which require each such
contractor which would have access to returns or return
information to provide safeguards (within the meaning of
paragraph (4)) to protect the confidentiality of such returns
or return information,
``(B) agrees to conduct an on-site review every 3 years
(midpoint review in the case of contracts or agreements of
less than 3 years in duration) of each contractor to
determine compliance with such requirements,
``(C) submits the findings of the most recent review
conducted under subparagraph (B) to the Secretary as part of
the report required by paragraph (4)(E), and
``(D) certifies to the Secretary for the most recent annual
period that such contractor is in compliance with all such
requirements.
The certification required by subparagraph (D) shall include
the name and address of each contractor, a description of the
contract or agreement with such contractor, and the duration
of such contract or agreement.''.
(3) Conforming amendments.--
(A) Section 6103(a)(3) of such Code is amended by striking
``or (20)'' and inserting ``(20), or (21)''.
(B) Section 6103(p)(3)(A) of such Code is amended by adding
at the end the following new sentence: ``The Commissioner of
Social Security shall provide to the Secretary such
information as the Secretary may require in carrying out this
paragraph with respect to return information inspected or
disclosed under the authority of subsection (l)(21).''.
(C) Section 6103(p)(4) of such Code is amended--
(i) by striking ``or (17)'' both places it appears and
inserting ``(17), or (21)''; and
(ii) by striking ``or (20)'' each place it appears and
inserting ``(20), or (21)''.
(D) Section 6103(p)(8)(B) of such Code is amended by
inserting ``or paragraph (9)'' after ``subparagraph (A)''.
(E) Section 7213(a)(2) of such Code is amended by striking
``or (20)'' and inserting ``(20), or (21)''.
(f) Authorization of Appropriations.--
(1) In general.--There are authorized to be appropriated to
the Secretary such sums as are necessary to carry out the
amendments made by this section.
(2) Limitation on verification responsibilities of
commissioner of social security.--The Commissioner of Social
Security is authorized to perform activities with respect to
carrying out the Commissioner's responsibilities in this
title or the amendments made by this title, but only to the
extent funds are appropriated, in advance, to cover the
Commissioner's full costs in carrying out such
responsibilities. In no case shall funds from the Federal
Old-Age and Survivors Insurance Trust Fund or the Federal
Disability Insurance Trust Fund be used to carry out such
responsibilities.
(g) Effective Dates.--
(1) In general.--The amendments made by subsections (a),
(b), (c), and (d) shall take effect on the date of the
enactment of this Act.
(2) Subsection (e).--
(A) In general.--The amendments made by subsection (e)
shall apply to disclosures made after the date of the
enactment of this Act.
(B) Certifications.--The first certification under section
6103(p)(9)(D) of the Internal Revenue Code of 1986, as added
by subsection (e)(2), shall be made with respect to calendar
year 2008.

SEC. 302. EMPLOYER COMPLIANCE FUND.

Section 286 (8 U.S.C. 1356), as amended by sections 402(b)
and 623, is further amended by adding at the end the
following new subsection:
``(z) Employer Compliance Fund.--
``(1) In general.--There is established in the general fund
of the Treasury, a separate account, which shall be known as
the `Employer Compliance Fund' (referred to in this
subsection as the `Fund').
``(2) Deposits.--There shall be deposited as offsetting
receipts into the Fund all civil monetary penalties collected
by the Secretary of Homeland Security under section 274A.
``(3) Purpose.--Amounts refunded to the Secretary from the
Fund shall be used for the purposes of enhancing and
enforcing employer compliance with section 274A.
``(4) Availability of funds.--Amounts deposited into the
Fund shall remain available until expended and shall be
refunded out of the Fund by the Secretary of the Treasury, at
least on a quarterly basis, to the Secretary of Homeland
Security.''.

SEC. 303. ADDITIONAL WORKSITE ENFORCEMENT AND FRAUD DETECTION
AGENTS.

(a) Increase in Number of Personnel.--The Secretary shall,
subject to the availability of appropriations for such
purpose, annually increase, by not less than 2,200, the
number of personnel of the Bureau of Immigration and Customs
Enforcement during the 5-year period beginning on the date of
the enactment of this Act.
(b) Use of Personnel.--The Secretary shall ensure that not
less than 25 percent of all the hours expended by personnel
of the Bureau of Immigration and Customs Enforcement shall be
used to enforce compliance with sections 274A and 274C of the
Immigration and Nationality Act (8 U.S.C. 1324a and 1324c).
(c) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary for each of the fiscal
years 2008 through 2012 such sums as may be necessary to
carry out this section.

SEC. 304. CLARIFICATION OF INELIGIBILITY FOR
MISREPRESENTATION.

Section 212(a)(6)(C)(ii)(I) (8 U.S.C.
1182(a)(6)(C)(ii)(I)), is amended by striking ``citizen'' and
inserting ``national''.

SEC. 305. ANTIDISCRIMINATION PROTECTIONS.

(a) Application of Prohibition of Discrimination to
Verification System.--Section 274B(a) (8 U.S.C. 1324b(a)) is
amended--
(1) in paragraph (1)--
(A) in the matter preceding subparagraph (A), by inserting
``, the verification of the individual's work authorization
through the Electronic Employment Verification System
described in section 274A(d),'' after ``the individual for
employment''; and
(B) in subparagraph (B), by striking ``in the case of a
protected individual (as defined in paragraph (3)),''; and
(2) by striking paragraph (3) and inserting the following:
``(3) Antidiscrimination requirements of the electronic
employment verification system.--
``(A) In general.--It is an unfair immigration-related
employment practice for a person or other entity, in the
course of the electronic verification process described in
section 274A(d)--
``(i) to terminate or undertake any adverse employment
action due to a tentative nonconfirmation;
``(ii) to use the verification system for screening of an
applicant prior to an offer of employment;
``(iii) except as described in section 274A(d)(3)(B), to
use the verification system for a current employee after the
first day of employment, unless a waiver is provided by the
Secretary of Homeland Security for good cause, or for the
reverification of an employee after the employee has
satisfied the process described in section 274A(d); or
``(iv) to require an individual to make an inquiry under
the self-verification procedures established in section
274A(d)(8)(E)(iii).
``(B) Preemployment screening and background check.--
Nothing in subparagraph (A) shall be construed to preclude a
preemployment screening or background check that is required
or permitted under any other provision of law.''.
(b) Increase in Civil Money Penalties.--Section 274B(g)(2)
(8 U.S.C. 1324b(g)(2)) is amended in subparagraph (B)(iv)--
(1) in subclause (I), by striking ``$250 and not more than
$2,000'' and inserting ``$1,000 and not more than $4,000'';
(2) in subclause (II), by striking ``$2,000 and not more
than $5,000'' and inserting ``$4,000 and not more than
$10,000'';
(3) in subclause (III), by striking ``$3,000 and not more
than $10,000'' and inserting ``$6,000 and not more than
$20,000''; and
(4) in subclause (IV), by striking ``$100 and not more than
$1,000'' and inserting ``$500 and not more than $5,000''.
(c) Increased Funding of Information Campaign.--Section
274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by inserting
``and an additional $40,000,000 for each of fiscal years 2008
through 2010'' before the period at the end.
(d) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to violations occurring on or after such
date.
______

SA 1442. Mr. MENENDEZ (for himself, Mr. Durbin, and Mrs. Boxer)
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:

Beginning on page 287, strike line 12 and all that follows
through line 35 on page 296, and insert the following:
(6) Fees and penalties.--
(A) Processing fees.--
(i) An alien making an initial application for Z-1
nonimmigrant status shall be required to pay a processing fee
in an amount sufficient to recover the full cost of
adjudicating the application, but no more than $1,500 for a
Z-1 nonimmigrant.
(ii) An alien applying for extension of the alien's Z-1
nonimmigrant status shall be required to pay a processing fee
in an amount sufficient to cover administrative and other
expenses associated with processing the extension
application, but no more than $1,000 for a Z-1 nonimmigrant.
(B) Penalties.--

[[Page S7248]]

(i) An alien making an initial application for Z-1
nonimmigrant status shall be required to pay, in addition to
the processing fee in subparagraph (A), a penalty of $1,000.
(ii) An alien who is a Z-2 or Z-3 nonimmigrant and who has
not previously been a Z-1 nonimmigrant, and who changes
status to that of a Z-1 nonimmigrant, shall in addition to
processing fees be required to pay the initial application
penalties applicable to Z-1 nonimmigrants.
(C) State impact assistance fee.--In addition to any other
amounts required to be paid under this subsection, a Z-1
nonimmigrant making an initial application for Z-1
nonimmigrant status shall be required to pay a State impact
assistance fee equal to $500.
(D) Deposit and spending of fees.--The processing fees
under subparagraph (A) shall be deposited and remain
available until expended as provided by sections 286(m) and
(n).
(E) Deposit, allocation, and spending of penalties.--
(i) Deposit of penalties.--The penalty under subparagraph
(B) shall be deposited and remain available as provided by
section 286(w).
(ii) Deposit of state impact assistance funds.--The funds
under subparagraph (C) shall be deposited and remain
available as provided by section 286(x).
(7) Interview.--An applicant for Z nonimmigrant status must
appear to be interviewed.
(8) Military selective service.--The alien shall establish
that if the alien is within the age period required under the
Military Selective Service Act (50 U.S.C. App. 451 et seq.)
that such alien has registered under that Act.
(f) Application Procedures.--
(1) In general.--The Secretary of Homeland Security shall
prescribe by notice in the Federal Register, in accordance
with the procedures described in section 610 of the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007 and the procedures for an alien in the United States to
apply for Z nonimmigrant status and the evidence required to
demonstrate eligibility for such status.
(2) Initial receipt of applications.--The Secretary of
Homeland Security, or such other entities as are authorized
by the Secretary to accept applications under the procedures
established under this subsection, shall accept applications
from aliens for Z nonimmigrant status for a period of 1 year
starting the first day of the first month beginning no more
than 180 days after the date of enactment of this section.
If, during the 1-year initial period for the receipt of
applications for Z nonimmigrant status, the Secretary of
Homeland Security determines that additional time is required
to register applicants for Z nonimmigrant status, the
Secretary may in his discretion extend the period for
accepting applications by up to 12 months.
(3) Biometric data.--Each alien applying for Z nonimmigrant
status must submit biometric data in accordance with
procedures established by the Secretary of Homeland Security.
(g) Content of Application Filed by Alien.--
(1) Application form.--The Secretary of Homeland Security
shall create an application form that an alien shall be
required to complete as a condition of obtaining Z
nonimmigrant status.
(2) Application information.--The application form shall
request such information as the Secretary deems necessary and
appropriate, including but not limited to, information
concerning the alien's physical and mental health; complete
criminal history, including all arrests and dispositions;
gang membership, renunciation of gang affiliation;
immigration history; employment history; and claims to United
States citizenship.
(3) Security and law enforcement background checks.--
(A) Submission of fingerprints.--The Secretary may not
accord Z nonimmigrant status unless the alien submits
fingerprints and other biometric data in accordance with
procedures established by the Secretary.
(B) Background checks.--The Secretary shall utilize
fingerprints and other biometric data provided by the alien
to conduct appropriate background checks of such alien to
search for criminal, national security, or other law
enforcement actions that would render the alien ineligible
for classification under this section.
(h) Treatment of Applicants.--
(1) In general.--An alien who files an application for Z
nonimmigrant status shall, upon submission of any evidence
required under subsections (f) and (g) and after the
Secretary has conducted appropriate background checks, to
include name and fingerprint checks, that have not by the end
of the next business day produced information rendering the
applicant ineligible--
(A) be granted probationary benefits in the form of
employment authorization pending final adjudication of the
alien's application;
(B) may in the Secretary's discretion receive advance
permission to re-enter the United States pursuant to existing
regulations governing advance parole;
(C) may not be detained for immigration purposes,
determined inadmissible or deportable, or removed pending
final adjudication of the alien's application, unless the
alien is determined to be ineligible for Z nonimmigrant
status; and
(D) may not be considered an unauthorized alien (as defined
in section 274A(h)(3) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(3))) unless employment authorization under
subparagraph (A) is denied.
(2) Timing of probationary benefits.--No probationary
benefits shall be issued to an alien until the alien has
passed all appropriate background checks or the end of the
next business day, whichever is sooner.
(3) Construction.--Nothing in this section shall be
construed to limit the Secretary's authority to conduct any
appropriate background and security checks subsequent to
issuance of evidence of probationary benefits under paragraph
(4).
(4) Probationary authorization document.--The Secretary
shall provide each alien described in paragraph (1) with a
counterfeit-resistant document that reflects the benefits and
status set forth in subsection (h)(1). The Secretary may by
regulation establish procedures for the issuance of
documentary evidence of probationary benefits and, except as
provided herein, the conditions under which such documentary
evidence expires, terminates, or is renewed. All documentary
evidence of probationary benefits shall expire no later than
6 months after the date on which the Secretary begins to
approve applications for Z nonimmigrant status.
(5) Before application period.--If an alien is apprehended
between the date of enactment and the date on which the
period for initial registration closes under subsection
(f)(2), and the alien can establish prima facie eligibility
for Z nonimmigrant status, the Secretary shall provide the
alien with a reasonable opportunity to file an application
under this section after such regulations are promulgated.
(6) During certain proceedings.--Notwithstanding any
provision of the Act, if the Secretary determines that an
alien who is in removal proceedings is prima facie eligible
for Z nonimmigrant status, then the Secretary shall
affirmatively communicate such determination to the
immigration judge. The immigration judge shall then terminate
or administratively close such proceedings and permit the
alien a reasonable opportunity to apply for such
classification.
(i) Adjudication of Application Filed by Alien.--
(1) In general.--The Secretary may approve the issuance of
documentation of status, as described in subsection (j), to
an applicant for a Z nonimmigrant visa who satisfies the
requirements of this section.
(2) Evidence of continuous physical presence, employment,
or education.--
(A) Presumptive documents.--A Z nonimmigrant or an
applicant for Z nonimmigrant status may presumptively
establish satisfaction of each required period of presence,
employment, or study by submitting records to the Secretary
that demonstrate such presence, employment, or study, and
that the Secretary verifies have been maintained by the
Social Security Administration, the Internal Revenue Service,
or any other Federal, State, or local government agency.
(B) Verification.--Each Federal agency, and each State or
local government agency, as a condition of receipt of any
funds under section 286(x), shall within 90 days of enactment
ensure that procedures are in place under which such agency
shall--
(i) consistent with all otherwise applicable laws,
including but not limited to laws governing privacy, provide
documentation to an alien upon request to satisfy the
documentary requirements of this paragraph; or
(ii) notwithstanding any other provision of law, including
section 6103 of title 26, United States Code, provide
verification to the Secretary of documentation offered by an
alien as evidence of--

(I) presence or employment required under this section; or
(II) a requirement for any other benefit under the
immigration laws.

(C) Other documents.--A Z nonimmigrant or an applicant for
Z nonimmigrant status who is unable to submit a document
described in subparagraph (i) may establish satisfaction of
each required period of presence, employment, or study by
submitting to the Secretary at least 2 other types of
reliable documents that provide evidence of employment,
including--
(i) bank records;
(ii) business records;
(iii) employer records;
(iv) records of a labor union or day labor center;
(v) remittance records; and
(vi) sworn affidavits from nonrelatives who have direct
knowledge of the alien's work, that contain--

(I) the name, address, and telephone number of the affiant;
(II) the nature and duration of the relationship between
the affiant and the alien; and
(III) other verification or information.

(D) Additional documents.--The Secretary may--
(i) designate additional documents to evidence the required
period of presence, employment, or study; and
(ii) set such terms and conditions on the use of affidavits
as is necessary to verify and confirm the identity of any
affiant or otherwise prevent fraudulent submissions.
(3) Burden of proof.--An alien who is applying for a Z
nonimmigrant visa under this section shall prove, by a
preponderance of the evidence, that the alien has satisfied
the requirements of this section.

[[Page S7249]]

(4) Denial of application.--
(A) An alien who fails to satisfy the eligibility
requirements for a Z nonimmigrant visa shall have his
application denied and may not file additional applications.
(B) An alien who fails to submit requested initial
evidence, including requested biometric data, and requested
additional evidence by the date required by the Secretary
shall, except where the alien demonstrates to the
satisfaction of the Secretary that such failure was
reasonably excusable or was not willful, have his application
considered abandoned. Such application shall be denied and
the alien may not file additional applications.
(j) Evidence of Nonimmigrant Status.--
(1) In general.--Documentary evidence of nonimmigrant
status shall be issued to each Z nonimmigrant.
(2) Features of documentation.--Documentary evidence of Z
nonimmigrant status--
(A) shall be machine-readable, tamper-resistant, and shall
contain a digitized photograph and other biometric
identifiers that can be authenticated;
(B) shall be designed in consultation with United States
Immigration and Customs Enforcement's Forensic Document
Laboratory;
(C) shall, during the alien's authorized period of
admission under subsection (k), serve as a valid travel and
entry document for the purpose of applying for admission to
the United States where the alien is applying for admission
at a Port of Entry;
(D) may be accepted during the period of its validity by an
employer as evidence of employment authorization and identity
under section 274A(b)(1)(B); and
(E) shall be issued to the Z nonimmigrant by the Secretary
of Homeland Security promptly after final adjudication of
such alien's application for Z nonimmigrant status, except
that an alien may not be granted permanent Z nonimmigrant
status until all appropriate background checks on the alien
are completed to the satisfaction of the Secretary of
Homeland Security.
(k) Period of Authorized Admission.--
(1) Initial period.--The initial period of authorized
admission as a Z nonimmigrant shall be 4 years.
(2) Extensions.--
(A) In general.--Z nonimmigrants may seek an indefinite
number of 4-year extensions of the initial period of
authorized admission.
(B) Requirements.--In order to be eligible for an extension
of the initial or any subsequent period of authorized
admission under this paragraph, an alien must satisfy the
following requirements:
(i) Eligibility.--The alien must demonstrate continuing
eligibility for Z nonimmigrant status.
(ii) English language and civics.--

(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 must demonstrate an
attempt to gain an understanding of the English language and
knowledge of United States civics by taking the
naturalization test described in sections 312(a)(1) and (2)
by demonstrating enrollment in or placement on a waiting list
for English classes.
(II) Requirement at second renewal.--At or before the time
of application for the second extension of Z nonimmigrant
status, an alien who is 18 years of age or older must pass
the naturalization test described in sections 312(a)(1) and
(2). The alien may make up to 3 attempts to demonstrate such
understanding and knowledge but must satisfy this requirement
prior to the expiration of the second extension of Z
nonimmigrant status.
(III) Exception.--The requirement of subclauses (I) and
(II) 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 because of physical or developmental
disability or mental impairment to comply therewith;
(bb) is over 50 years of age and has been living in the
United States for periods totaling at least 20 years; or
(cc) is over 55 years of age and has been living in the
United States for periods totaling at least 15 years.
(iii) Employment.--With respect to an extension of Z-1 or
Z-3 nonimmigrant status an alien must demonstrate
satisfaction of the employment or study requirements provided
in subsection (m) during the alien's most recent authorized
period of stay as of the date of application; and
(iv) Fees.--The alien must pay a processing fee in an
amount sufficient to recover the full cost of adjudicating
the application, but no more than $1,000 for a Z-1
nonimmigrant.
______

SA 1443. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. __. ADMISSION OF CERTAIN NATIONALS FROM IRAQ AS PRIORITY
2 REFUGEES.

Subject to the numerical limitations established pursuant
to section 207 of the Immigration and Nationality Act (8
U.S.C. 1157), the Secretary of State or a designee of the
Secretary shall present to the Secretary of Homeland
Security, and the Secretary of Homeland Security or a
designee of the Secretary shall adjudicate, any application
for refugee status under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) submitted by an applicant
who--
(1) is a national of Iraq;
(2) is able to demonstrate that--
(A) for a period of at least one year beginning after March
1, 2003, he or she served the United States Government inside
Iraq as an employee, volunteer, contractor, or employee of a
contractor of the United States Government; or
(B) he or she has a parent, spouse, son, daughter,
grandparent, grandchild, or sibling currently residing in the
United States who is a United States citizen, lawful
permanent resident, asylee, or refugee; and
(3) is able to demonstrate that he or she left Iraq before
January 1, 2007, and has resided outside Iraq since that
time.
______

SA 1444. Mr. OBAMA (for himself and Mr. Menendez) submitted an
amendment intended to be proposed by him to the bill S. 1348, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:

At the end of title V, insert the following:

SEC. 509. TERMINATION.

(a) In General.--The amendments described in subsection (b)
shall be effective during the 5-year period ending on
September 30 of the fifth fiscal year following the fiscal
year in which this Act is enacted.
(b) Provisions.--The amendments described in this
subsection are the following:
(1) The amendments made by subsections (a) and (b) of
section 501.
(2) The amendments made by subsections (b), (c), and (e) of
section 502.
(3) The amendments made by subsections (a), (b), (c)(1),
(d), and (g) of section 503.
(4) The amendments made by subsection (a) of section 504.
(c) Worldwide Level of Employment-Based Immigrants.--
(1) Temporary supplemental allocation.--Section 201(d) (8
U.S.C. 1151(d)) is amended by adding at the end the follows
new paragraphs:
``(3) Temporary supplemental allocation.--Notwithstanding
paragraphs (1) and (2), there shall be a temporary
supplemental allocation of visas as follows:
``(A) For the first 5 fiscal years in which aliens
described in section 101(a)(15)(Z) are eligible for an
immigrant visa, the number calculated pursuant to section
503(f)(2) of the Secure Borders, Economic Opportunity, and
Immigration Reform Act of 2007.
``(B) In the sixth fiscal year in which aliens described in
section 101(a)(15)(Z) are eligible for an immigrant visa, the
number calculated pursuant to section 503(f)(3) of Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007.
``(C) Starting in the seventh fiscal year in which aliens
described in section 101(a)(15)(Z) are eligible for an
immigrant visa, the number equal to the number of aliens
described in section 101(a)(15)(Z) who became aliens admitted
for permanent residence based on the merit-based evaluation
system in the prior fiscal year until no further aliens
described in section 101(a)(15)(Z) adjust status.
``(4) Termination of temporary supplemental allocation.--
The temporary supplemental allocation of visas described in
paragraph (3) shall terminate when the number of visas
calculated pursuant to paragraph (3)(C) is zero.
``(5) Limitation.--The temporary supplemental visas
described in paragraph (3) shall not be awarded to any
individual other than an individual described in section
101(a)(15)(Z).''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective on October 1 of the sixth fiscal year
following the fiscal year in which this Act is enacted.
(d) Worldwide Level of Family-Sponsored Immigrants.--
(1) Increase in level.--Section 201(c)(1)(B)(ii) (8 U.S.C.
1151(c)(1)(B)(ii)) is amended by striking ``226,000'' and
inserting ``567,000''.
(2) Effective date.--The amendment made by paragraph (1)
shall be effective during the period beginning on October 1
of the sixth fiscal year following the fiscal year in which
this Act is enacted and ending on the date that an alien may
be adjust status to an alien lawfully admitted for permanent
residence described in section 602(a)(5).
______

SA 1445. Mr. BINGAMAN 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 225, strike ``such limitation'' and insert ``the
limitations under clauses (i) and (ii) of paragraph (1)(D)''.
______

SA 1446. Mrs. BOXER submitted an amendment intended to be proposed by
her to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 304, strike lines 2 through 20 and insert the
following:
(ii) Application processes.--

[[Page S7250]]

(I) In general.--Except as provided in subclause (III), a
Z-1 nonimmigrant's application for adjustment of status to
that of an alien lawfully admitted for permanent residence
must be filed in person with a United States consulate
abroad.
(II) Place of application.--Unless otherwise directed by
the Secretary of State, a Z-1 nonimmigrant applying for
adjustment of status under this paragraph shall make an
application at a consular office in the alien's country of
origin. A consular office in a country that is not a Z-1
nonimmigrant's country of origin may as a matter of
discretion, or shall at the direction of the Secretary of
State, accept an application for adjustment of status from
such an alien.
(III) Applications submitted from within the united
states.--

(aa) In general.--The Secretary of Homeland Security and
the Secretary of State shall permit a Z-1 nonimmigrant to
submit an application for an adjustment of status to that of
an alien lawfully admitted for permanent residence from
within the United States if the country of origin of the Z-1
nonimmigrant authorizes the Z-1 nonimmigrant to submit the
application.
(bb) Requirement to register.--A Z-1 nonimmigrant applying
for adjustment of status under this subclause shall submit to
a consulate of the nonimmigrant's country of nationality in
the United States a registration of the nonimmigrant's
presence in the United States.
______

SA 1447. 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 subsection (c) of section 757 of the bill (relating
to impact on commercial motor vehicles).
______

SA 1448. 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. __. LANGUAGE TRAINING PROGRAMS.

(a) Accreditation Requirement.--Section 101(a)(15)(F)(i) (8
U.S.C. 1101(a)(15)(F)(i) is amended by striking ``a
language'' and inserting ``an accredited language''.
(b) Rulemaking.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall issue
regulations that--
(1) except as provided under paragraphs (3) and (4),
require that an accredited language training program
described in section 101(a)(15)(F)(i) of the Immigration and
Nationality Act, as amended by subsection (a), be accredited
by the Commission on English Language Program Accreditation,
the Accrediting Council for Continuing Education and
Training, or under the governance of an institution
accredited by 1 of the 6 regional accrediting agencies;
(2) require that if such an accredited language training
program provides intensive language training, the head of
such program provide the Secretary of Education with
documentation regarding the specific subject matter for which
the program is accredited;
(3) permit an alien admitted as a nonimmigrant under such
section 101(a)(15)(F)(i) to participate in a language
training program, during the 3-year period beginning on the
date of the enactment of this Act, if such program is not
accredited under paragraph (1); and
(4) permit a language training program established after
the date of the enactment of this Act, which is not
accredited under paragraph (1), to qualify as an accredited
language training program under such section 101(a)(15)(F)(i)
during the 3-year period beginning on the date on which such
program is established.
______

SA 1449. Mr. BROWNBACK submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

In section 214(l) of the Immigration and Nationality Act (8
U.S.C. 1184(l)), as amended by section 425(b)(1), in
paragraph (4)(C)(iii), strike subclause (I) and insert the
following:
``(I) with respect to a State, for the first fiscal year of
the pilot program conducted under this paragraph, the greater
of--

``(aa) 15; or
``(bb) the number of the waivers received by the State in
the previous fiscal year;''.

______

SA 1450. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. ____. PLAN FOR THE CONTROL AND MANAGEMENT OF ARUNDO
DONAX.

(a) Definitions.--In this section:
(1) Arundo donax.--The term ``Arundo donax'' means a tall
perennial reed commonly known as ``Carrizo cane'', ``Spanish
cane'', ``wild cane'', and ``giant cane''.
(2) Plan.--The term ``plan'' means the plan for the control
and management of Arundo donax developed under subsection
(b).
(3) River.--The term ``River'' means the Rio Grande River.
(4) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(b) Development of Plan.--
(1) In general.--Subject to the availability of
appropriations, the Secretary shall develop a plan for the
control and management of Arundo donax along the portion of
the River that serves as the international border between the
United States and Mexico.
(2) Components.--In developing the plan, the Secretary
shall address--
(A) information derived by the Secretary of Agriculture and
the Secretary of the Interior from ongoing efforts to
identify the most effective biological, mechanical, and
chemical means of controlling and managing Arundo donax;
(B) past and current efforts to understand--
(i) the ecological damages caused by Arundo donax; and
(ii) the dangers Arundo donax poses to Federal and local
law enforcement;
(C) any international agreements and treaties that need to
be completed to allow for the control and management of
Arundo donax on both sides of the River;
(D) the long-term efforts that the Secretary considers to
be necessary to control and manage Arundo donax, including
the cost estimates for the implementation of the efforts; and
(E) whether a waiver of applicable Federal environmental
laws (including regulations) is necessary.
(3) Consultation.--The Secretary shall develop the plan in
consultation with the Secretary of Agriculture, the Secretary
of the Interior, the Secretary of State, and any other
Federal and State agencies that have appropriate expertise
regarding the control and management of Arundo donax.
(c) Report.--Not later than 90 days after the date of
enactment of this Act, the Secretary shall submit the plan
to--
(1) the Committees on the Judiciary of the Senate and the
House of Representatives; and
(2) the Committees on Appropriations of the Senate and the
House of Representatives.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as are
necessary to carry out this section.
______

SA 1451. Mr. CORNYN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 36, after line 17, add the following:

SEC. 139. REPORT REGARDING USE OF LEVEES.

Not later than 90 days after the date of enactment of this
Act, the Commissioner of U.S. Customs and Border Protection
shall submit to Congress a report regarding the use of flood
control levees under the control of the International
Boundary and Water Commission by U.S. Customs and Border
Protection, which shall--
(1) discuss the purpose and importance of any such use of
such levees;
(2) describe the level of degradation of such levees as a
result of such use; and
(3) identify any formal agreements that may be needed
between the Department of Homeland Security and the
International Boundary and Water Commission or the Department
of State to ensure needed access to such levees.
______

SA 1452. Mr. LIEBERMAN 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:

Subtitle __--Asylum and Detention Safeguards

SEC. __01. SHORT TITLE.

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

SEC. __02. DEFINITIONS.

In this subtitle:
(1) Asylum seeker.--The term ``asylum seeker'' means an
applicant for asylum under section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) or for withholding of removal
under section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)) or
an alien who indicates an intention to apply for relief under
either such section and does not include a person with
respect to whom a final adjudication denying an application
made under either such section has been entered.
(2) Credible fear of persecution.--The term ``credible fear
of persecution'' has the meaning given that term in section
235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)).
(3) Detainee.--The term ``detainee'' means an alien in the
Department's custody held in a detention facility.
(4) Detention facility.--The term ``detention facility''
means any Federal facility in which an asylum seeker, an
alien detained pending the outcome of a removal proceeding,
or an alien detained pending the execution of a final order
of removal, is detained for more than 72 hours, or any other
facility in which such detention services are

[[Page S7251]]

provided to the Federal Government by contract, and does not
include detention at any port of entry in the United States.
(5) Reasonable fear of persecution or torture.--The term
``reasonable fear of persecution or torture'' has the meaning
described in section 208.31 of title 8, Code of Federal
Regulations.
(6) Standard.--The term ``standard'' means any policy,
procedure, or other requirement.
(7) Vulnerable populations.--The term ``vulnerable
populations'' means classes of aliens subject to the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who
have special needs requiring special consideration and
treatment by virtue of their vulnerable characteristics,
including experiences of, or risk of, abuse, mistreatment, or
other serious harms threatening their health or safety.
Vulnerable populations include the following:
(A) Asylum seekers.
(B) Refugees admitted under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157) and individuals seeking
such admission.
(C) Aliens whose deportation is being withheld under
section 243(h) of the Immigration and Nationality Act (as in
effect immediately before the effective date of section 307
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-612)) or section 241(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)).
(D) Aliens granted or seeking protection under article 3 of
the Convention Against Torture and other Cruel, Inhumane, or
Degrading Treatment or Punishment, done at New York, December
10, 1994.
(E) Applicants for relief and benefits under the
Immigration and Nationality Act pursuant to the amendments
made by the Trafficking Victims Protection Act of 2000
(division A of Public Law 106-386; 114 Stat. 1464), including
applicants for nonimmigrant status under subparagraph (T) or
(U) of section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)).
(F) Applicants for relief and benefits under the
Immigration and Nationality Act pursuant to the amendments
made by the Violence Against Women Act of 2000 (division B of
Public Law 106-386; 114 Stat. 1491).
(G) Unaccompanied alien children (as defined in 462(g) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

SEC. __03. RECORDING SECONDARY INSPECTION INTERVIEWS.

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

SEC. __04. PROCEDURES GOVERNING DETENTION DECISIONS.

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

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

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

SEC. __05. LEGAL ORIENTATION PROGRAM.

(a) In General.--The Attorney General, in consultation with
the Secretary, shall ensure that all detained aliens in
immigration and asylum proceedings receive legal orientation
through a program administered and implemented by the
Executive Office for Immigration Review of the Department of
Justice.
(b) Content of Program.--The legal orientation program
developed pursuant to this section shall be based on the
Legal Orientation Program carried out by the Executive Office
for Immigration Review on the date of the enactment of this
Act.
(c) Expansion of Legal Assistance.--The Secretary shall
ensure the expansion through the United States Citizenship
and Immigration Service of public-private partnerships that
facilitate pro bono counseling and legal assistance for
asylum seekers awaiting a credible fear of persecution
interview, as a continuation of existing programs, such as
the pilot program developed in Arlington, Virginia by the
United States Citizenship and Immigration Service.

SEC. __06. CONDITIONS OF DETENTION.

(a) In General.--The Secretary shall ensure that standards
governing conditions and procedures at detention facilities
are fully implemented and enforced, and that all detention
facilities comply with the standards.

[[Page S7252]]

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

SEC. __07. OFFICE OF DETENTION OVERSIGHT.

(a) Establishment of the Office.--
(1) In general.--There shall be established within the
Department an Office of Detention Oversight (in this section
referred to as the ``Office'').
(2) Head of the office.--There shall be at the head of the
Office an Administrator who shall be appointed by, and shall
report to, the Secretary.
(3) Schedule.--The Office shall be established and the
Administrator of the Office appointed not later than 6 months
after the date of enactment of this Act.
(b) Responsibilities of the Office.--
(1) Inspections of detention centers.--The Administrator of
the Office shall--
(A) undertake frequent and unannounced inspections of all
detention facilities;
(B) develop a procedure for any detainee or the detainee's
representative to file a written complaint directly with the
Office; and
(C) report to the Secretary and to the Assistant Secretary
of Homeland Security for United States Immigration and
Customs Enforcement all findings of a detention facility's
noncompliance with detention standards.
(2) Investigations.--The Administrator of the Office
shall--
(A) initiate investigations, as appropriate, into
allegations of systemic problems at detention facilities or
incidents that constitute serious violations of detention
standards;
(B) report to the Secretary and the Assistant Secretary of
Homeland Security for United States Immigration and Customs
Enforcement the results of all investigations; and
(C) refer matters, where appropriate, for further action
to--
(i) the Department of Justice;
(ii) the Office of the Inspector General of the Department;
(iii) the Office of Civil Rights and Civil Liberties of the
Department; or
(iv) any other relevant office or agency.
(3) Report to congress.--
(A) In general.--The Administrator of the Office shall
submit to the Secretary, the Committee on the Judiciary and
the Committee on Homeland Security and Governmental Affairs
of the Senate, and the Committee on the Judiciary and the
Committee on Homeland Security of the House of
Representatives an annual report on the Administrator's
findings on detention conditions and the results of the
investigations carried out by the Administrator.
(B) Contents of report.--Each report required by
subparagraph (A) shall include--
(i) a description of the actions to remedy findings of
noncompliance or other problems that are taken by the
Secretary or the Assistant Secretary of Homeland Security for
United States Immigration
______

SA 1453. Mr. LIEBERMAN 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:
Insert the following:

Subtitle __--Asylum and Detention Safeguards

SEC. __01. SHORT TITLE.

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

SEC. __02. DEFINITIONS.

In this subtitle:
(1) Asylum seeker.--The term ``asylum seeker'' means an
applicant for asylum under section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) or for withholding of removal
under section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)) or
an alien who indicates an intention to apply for relief under
either such section and does not include a person with
respect to whom a final adjudication denying an application
made under either such section has been entered.
(2) Credible fear of persecution.--The term ``credible fear
of persecution'' has the meaning given that term in section
235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)).
(3) Detainee.--The term ``detainee'' means an alien in the
Department's custody held in a detention facility.
(4) Detention facility.--The term ``detention facility''
means any Federal facility in which an asylum seeker, an
alien detained pending the outcome of a removal proceeding,
or an alien detained pending the execution of a final order
of removal, is detained for more than 72 hours, or any other
facility in which such detention services are provided to the
Federal Government by contract, and does not include
detention at any port of entry in the United States.
(5) Reasonable fear of persecution or torture.--The term
``reasonable fear of persecution or torture'' has the meaning
described in section 208.31 of title 8, Code of Federal
Regulations.
(6) Standard.--The term ``standard'' means any policy,
procedure, or other requirement.
(7) Vulnerable populations.--The term ``vulnerable
populations'' means classes of aliens subject to the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who
have special needs requiring special consideration and
treatment by virtue of their vulnerable characteristics,
including experiences of, or risk of, abuse, mistreatment, or
other serious harms threatening their health or safety.
Vulnerable populations include the following:
(A) Asylum seekers.
(B) Refugees admitted under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157) and individuals seeking
such admission.
(C) Aliens whose deportation is being withheld under
section 243(h) of the Immigration and Nationality Act (as in
effect immediately before the effective date of section 307
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-612)) or section 241(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)).
(D) Aliens granted or seeking protection under article 3 of
the Convention Against Torture and other Cruel, Inhumane, or
Degrading Treatment or Punishment, done at New York, December
10, 1994.

[[Page S7253]]

(E) Applicants for relief and benefits under the
Immigration and Nationality Act pursuant to the amendments
made by the Trafficking Victims Protection Act of 2000
(division A of Public Law 106-386; 114 Stat. 1464), including
applicants for nonimmigrant status under subparagraph (T) or
(U) of section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)).
(F) Applicants for relief and benefits under the
Immigration and Nationality Act pursuant to the amendments
made by the Violence Against Women Act of 2000 (division B of
Public Law 106-386; 114 Stat. 1491).
(G) Unaccompanied alien children (as defined in 462(g) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

SEC. __03. RECORDING SECONDARY INSPECTION INTERVIEWS.

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

SEC. __04. PROCEDURES GOVERNING DETENTION DECISIONS.

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

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

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

SEC. __05. LEGAL ORIENTATION PROGRAM.

(a) In General.--The Attorney General, in consultation with
the Secretary, shall ensure that all detained aliens in
immigration and asylum proceedings receive legal orientation
through a program administered and implemented by the
Executive Office for Immigration Review of the Department of
Justice.
(b) Content of Program.--The legal orientation program
developed pursuant to this section shall be based on the
Legal Orientation Program carried out by the Executive Office
for Immigration Review on the date of the enactment of this
Act.
(c) Expansion of Legal Assistance.--The Secretary shall
ensure the expansion through the United States Citizenship
and Immigration Service of public-private partnerships that
facilitate pro bono counseling and legal assistance for
asylum seekers awaiting a credible fear of persecution
interview, as a continuation of existing programs, such as
the pilot program developed in Arlington, Virginia by the
United States Citizenship and Immigration Service.

SEC. __06. CONDITIONS OF DETENTION.

(a) In General.--The Secretary shall ensure that standards
governing conditions and procedures at detention facilities
are fully implemented and enforced, and that all detention
facilities comply with the standards.
(b) Procedures and Standards.--The Secretary shall
promulgate new standards, or modify existing detention
standards, to improve conditions in detention facilities. The
improvements shall address at a minimum the following
policies and procedures:
(1) Fair and humane treatment.--Procedures to ensure that
detainees are not subject to degrading or inhumane treatment
such as physical abuse, sexual abuse or harassment, or
arbitrary punishment.
(2) Limitations on solitary confinement.--Procedures
limiting the use of solitary confinement, shackling, and
strip searches of detainees to situations where the use of
such techniques is necessitated by security interests or
other extraordinary circumstances.
(3) Investigation of grievances.--Procedures for the prompt
and effective investigation of grievances raised by
detainees.
(4) Access to telephones.--Procedures permitting detainees
sufficient access to telephones, and the ability to contact,
free of charge, legal representatives, the immigration
courts, the Board of Immigration Appeals, and the Federal
courts through confidential toll-free numbers.
(5) Location of facilities.--Location of detention
facilities, to the extent practicable, near sources of free
or low-cost legal representation with expertise in asylum or
immigration law.
(6) Procedures governing transfers of detainees.--
Procedures governing the transfer of a detainee that take
into account--
(A) the detainee's access to legal representatives; and
(B) the proximity of the facility to the venue of the
asylum or removal proceeding.

[[Page S7254]]

(7) Quality of medical care.--
(A) In general.--Prompt and adequate medical care provided
at no cost to the detainee, including dental care, eye care,
mental health care, and where appropriate, individual and
group counseling, medical dietary needs, and other medically
necessary specialized care. Medical facilities in all
detention facilities used by the Department maintain current
accreditation by the National Commission on Correctional
Health Care (NCCHC). Requirements that each medical facility
that is not accredited by the Joint Commission on the
Accreditation of Health Care Organizations (JCAHO) will seek
to obtain such accreditation. Maintenance of complete medical
records for every detainee which shall be made available upon
request to a detainee, his legal representative, or other
authorized individuals.
(8) Translation capabilities.--The employment of detention
facility staff that, to the extent practicable, are qualified
in the languages represented in the population of detainees
at a detention facility, and the provision of alternative
translation services when necessary.
(9) Recreational programs and activities.--Daily access to
indoor and outdoor recreational programs and activities.
(c) Special Standards for Noncriminal Detainees.--The
Secretary shall promulgate new standards, or modifications to
existing standards, that--
(1) recognize the distinctions between persons with
criminal convictions or a history of violent behavior and all
other detainees; and
(2) ensure that procedures and conditions of detention are
appropriate for a noncriminal, nonviolent population.
(d) Special Standards for Vulnerable Populations.--The
Secretary shall promulgate new standards, or modifications to
existing standards, that--
(1) recognize the unique needs of asylum seekers, victims
of torture and trafficking, families with children, detainees
who do not speak English, detainees with special religious,
cultural or spiritual considerations, and other vulnerable
populations; and
(2) ensure that procedures and conditions of detention are
appropriate for the populations listed in this subsection.
(e) Training of Personnel.--
(1) In general.--The Secretary shall ensure that personnel
in detention facilities are given specialized training to
better understand and work with the population of detainees
held at the facilities where such personnel work. The
training should address the unique needs of--
(A) asylum seekers;
(B) victims of torture or other trauma; and
(C) other vulnerable populations.
(2) Specialized training.--The training required by this
subsection shall be designed to better enable personnel to
work with detainees from different countries, and detainees
who cannot speak English. The training shall emphasize that
many detainees have no criminal records and are being held
for civil violations.

SEC. __07. OFFICE OF DETENTION OVERSIGHT.

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

SEC. __08. SECURE ALTERNATIVES PROGRAM.

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

SEC. __09. LESS RESTRICTIVE DETENTION FACILITIES.

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

[[Page S7255]]

(2) part of a family with minor children;
(3) a member of a vulnerable population; or
(4) a nonviolent, noncriminal detainee.
(e) Procedures and Standards.--Where necessary, the
Secretary shall promulgate new standards, or modify existing
detention standards, to promote the development of less
restrictive detention facilities.

SEC. __10. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.

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

SA 1454. Mr. LIEBERMAN 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 lieu of the matter proposed to be stricken, insert the
following:

Subtitle __--Asylum and Detention Safeguards

SEC. __01. SHORT TITLE.

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

SEC. __02. DEFINITIONS.

In this subtitle:
(1) Asylum seeker.--The term ``asylum seeker'' means an
applicant for asylum under section 208 of the Immigration and
Nationality Act (8 U.S.C. 1158) or for withholding of removal
under section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)) or
an alien who indicates an intention to apply for relief under
either such section and does not include a person with
respect to whom a final adjudication denying an application
made under either such section has been entered.
(2) Credible fear of persecution.--The term ``credible fear
of persecution'' has the meaning given that term in section
235(b)(1)(B)(v) of the Immigration and Nationality Act (8
U.S.C. 1225(b)(1)(B)(v)).
(3) Detainee.--The term ``detainee'' means an alien in the
Department's custody held in a detention facility.
(4) Detention facility.--The term ``detention facility''
means any Federal facility in which an asylum seeker, an
alien detained pending the outcome of a removal proceeding,
or an alien detained pending the execution of a final order
of removal, is detained for more than 72 hours, or any other
facility in which such detention services are provided to the
Federal Government by contract, and does not include
detention at any port of entry in the United States.
(5) Reasonable fear of persecution or torture.--The term
``reasonable fear of persecution or torture'' has the meaning
described in section 208.31 of title 8, Code of Federal
Regulations.
(6) Standard.--The term ``standard'' means any policy,
procedure, or other requirement.
(7) Vulnerable populations.--The term ``vulnerable
populations'' means classes of aliens subject to the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who
have special needs requiring special consideration and
treatment by virtue of their vulnerable characteristics,
including experiences of, or risk of, abuse, mistreatment, or
other serious harms threatening their health or safety.
Vulnerable populations include the following:
(A) Asylum seekers.
(B) Refugees admitted under section 207 of the Immigration
and Nationality Act (8 U.S.C. 1157) and individuals seeking
such admission.
(C) Aliens whose deportation is being withheld under
section 243(h) of the Immigration and Nationality Act (as in
effect immediately before the effective date of section 307
of the Illegal Immigration Reform and Immigrant
Responsibility Act of 1996 (Public Law 104-208; 110 Stat.
3009-612)) or section 241(b)(3) of the Immigration and
Nationality Act (8 U.S.C. 1231(b)(3)).
(D) Aliens granted or seeking protection under article 3 of
the Convention Against Torture and other Cruel, Inhumane, or
Degrading Treatment or Punishment, done at New York, December
10, 1994.
(E) Applicants for relief and benefits under the
Immigration and Nationality Act pursuant to the amendments
made by the Trafficking Victims Protection Act of 2000
(division A of Public Law 106-386; 114 Stat. 1464), including
applicants for nonimmigrant status under subparagraph (T) or
(U) of section 101(a)(15) of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(15)).
(F) Applicants for relief and benefits under the
Immigration and Nationality Act pursuant to the amendments
made by the Violence Against Women Act of 2000 (division B of
Public Law 106-386; 114 Stat. 1491).
(G) Unaccompanied alien children (as defined in 462(g) of
the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

SEC. __03. RECORDING SECONDARY INSPECTION INTERVIEWS.

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

SEC. __04. PROCEDURES GOVERNING DETENTION DECISIONS.

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

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

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

[[Page S7256]]

(B) in paragraph (2), by inserting ``or for humanitarian
reasons,'' after ``such an investigation,'';
(6) in subsection (f), as redesignated--
(A) in the matter preceding paragraph (1), by striking
``Attorney General'' and inserting ``Secretary'';
(B) in paragraph (1), in subparagraphs (A) and (B), by
striking ``Service'' and inserting ``Department of Homeland
Security''; and
(C) in paragraph (3), by striking ``Service'' and inserting
``Secretary of Homeland Security'';
(7) by inserting after subsection (f), as redesignated, the
following new subparagraph:
``(g) Administrative Review.--If an immigration judge's
custody decision has been stayed by the action of an officer
or employee of the Department of Homeland Security, the stay
shall expire in 30 days, unless the Board of Immigration
Appeals before that time, and upon motion, enters an order
continuing the stay.''; and
(8) in subsection (h), as redesignated--
(A) by striking ``Attorney General's'' and inserting
``Secretary of Homeland Security's''; and
(B) by striking ``Attorney General'' and inserting
``Secretary''.

SEC. __05. LEGAL ORIENTATION PROGRAM.

(a) In General.--The Attorney General, in consultation with
the Secretary, shall ensure that all detained aliens in
immigration and asylum proceedings receive legal orientation
through a program administered and implemented by the
Executive Office for Immigration Review of the Department of
Justice.
(b) Content of Program.--The legal orientation program
developed pursuant to this section shall be based on the
Legal Orientation Program carried out by the Executive Office
for Immigration Review on the date of the enactment of this
Act.
(c) Expansion of Legal Assistance.--The Secretary shall
ensure the expansion through the United States Citizenship
and Immigration Service of public-private partnerships that
facilitate pro bono counseling and legal assistance for
asylum seekers awaiting a credible fear of persecution
interview, as a continuation of existing programs, such as
the pilot program developed in Arlington, Virginia by the
United States Citizenship and Immigration Service.

SEC. __06. CONDITIONS OF DETENTION.

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

SEC. __07. OFFICE OF DETENTION OVERSIGHT.

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

[[Page S7257]]

(4) the Civil Rights Division of the Department of Justice;
or
(5) any other relevant office or agency.

SEC. __08. SECURE ALTERNATIVES PROGRAM.

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

SEC. __09. LESS RESTRICTIVE DETENTION FACILITIES.

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

SEC. __10. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.

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

SA 1455. Mr. LAUTENBERG (for himself, Mr. Brownback, Mr. Menendez,
and Mrs. Clinton) 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, between lines 32 and 33, insert the following
new subsection:
(f) Adjustment of Status for Certain Victims of
Terrorism.--
(1) Specified terrorist activity.--In this subsection, the
term ``specified terrorist activity'' means any terrorist
activity conducted against the Government or the people of
the United States on September 11, 2001.
(2) Adjustment of status.--
(A) In general.--The Secretary shall adjust the status of
any alien described in paragraph (3) to that of an alien
lawfully admitted for permanent residence, if the alien--
(i) applies for such adjustment not later than 2 years
after the date on which the Secretary establishes procedures
to implement this subsection; and
(ii) is otherwise admissible to the United States for
permanent residence, except in determining such admissibility
the grounds for inadmissibility specified in paragraphs (4),
(5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(B) Rules in applying certain provisions.--
(i) In general.--In the case of an alien described in
paragraph (3) who is applying for adjustment of status under
this subsection--

(I) the provisions of section 241(a)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply;
and
(II) the Secretary may grant the alien a waiver on the
grounds of inadmissibility under subparagraphs (A) and (C) of
section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).

(ii) Standards.--In granting waivers under clause (i)(II),
the Secretary shall use standards used in granting consent
under subparagraphs (A)(iii) and (C)(ii) of such section
212(a)(9).
(C) Relationship of application to certain orders.--
(i) Application permitted.--An alien who is present in the
United States and has been ordered excluded, deported,
removed, or ordered to depart voluntarily from the United
States under any provision of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) may apply for adjustment of
status under subparagraph (A).
(ii) Motion not required.--An alien described in clause (i)
may not be required, as a condition of submitting or granting
such application, to file a separate motion to reopen,
reconsider, or vacate such order.
(iii) Effect of decision.--If the Secretary grants a
request under clause (i), the Secretary shall cancel the
order. If the Secretary renders a final administrative
decision to deny the request, the order shall be effective
and enforceable to the same extent as if the application had
not been made.
(3) Aliens eligible for adjustment of status.--Subject to
paragraph (7), the benefits under paragraph (2) shall apply
to any alien who--
(A) was lawfully present in the United States as a
nonimmigrant alien under the immigration laws of the United
States on September 10, 2001;
(B) was, on such date, the spouse, child, dependent son, or
dependent daughter of an alien who--
(i) was lawfully present in the United States as a
nonimmigrant under the immigration laws of the United States
on such date; and
(ii) died as a direct result of a specified terrorist
activity; and
(C) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(4) Stay of removal; work authorization.--
(A) In general.--The Secretary shall establish a process by
which an alien subject to a final order of removal may seek a
stay of such order based on the filing of an application
under paragraph (2).
(B) During certain proceedings.--The Secretary may not
order any alien to be removed from the United States, if the
alien is in removal proceedings under any provision of such
Act and has applied for adjustment of status under paragraph
(2), unless the Secretary has rendered a final administrative
determination to deny the application.
(C) Work authorization.--The Secretary shall authorize an
alien who was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note), and who has applied for adjustment of status
under paragraph (2) to engage in employment in the United
States during the pendency of such application.
(5) Availability of administrative review.--The Secretary
shall provide to applicants for adjustment of status under
paragraph (2) the same right to, and procedures for,
administrative review as are provided to--
(A) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(B) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
(6) Cancellation of removal for certain immigrant victims
of terrorism.--
(A) In general.--Subject to the provisions of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
(other than subsections (b)(1), (d)(1), and (e) of section
240A of such Act (8 U.S.C. 1229b)) and paragraph (7) of this
subsection, the Secretary shall, under such section 240A,
cancel the removal of, and adjust to the status of an alien
lawfully admitted for permanent residence, an alien described
in subparagraph (B), if the alien applies for such relief.

[[Page S7258]]

(B) Aliens eligible for cancellation of removal.--The
benefits provided by subparagraph (A) shall apply to any
alien who--
(i) was, on September 10, 2001, the spouse, child,
dependent son, or dependent daughter of an alien who died as
a direct result of a specified terrorist activity; and
(ii) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(C) Stay of removal; work authorization.--
(i) In general.--The Secretary shall establish a process to
provide for an alien subject to a final order of removal to
seek a stay of such order based on the filing of an
application under subparagraph (A).
(ii) Work authorization.--The Secretary shall authorize an
alien who was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note), and who has applied for cancellation of removal
under subparagraph (A) to engage in employment in the United
States during the pendency of such application.
(D) Motions to reopen removal proceedings.--
(i) In general.--On motions to reopen removal proceedings
(except limitations premised on an alien's conviction of an
aggravated felony (as defined in section 101(a)(43) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), any
alien who has become eligible for cancellation of removal as
a result of the enactment of this section may file 1 motion
to reopen removal proceedings to apply for such relief.
(ii) Filing period.--The Secretary shall designate a
specific time period in which all such motions to reopen are
required to be filed. The period shall begin not later than
60 days after the date of the enactment of this Act and shall
extend for a period not to exceed 240 days.
(7) Exceptions.--Notwithstanding any other provision of
this subsection, an alien may not be provided relief under
this subsection if the alien is--
(A) inadmissible under paragraph (2) or (3) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), or deportable under paragraph (2) or (4) of section
237(a) of such Act (8 U.S.C. 1227(a)), including any
individual culpable for a specified terrorist activity; or
(B) a family member of an alien described in subparagraph
(A).
(8) Evidence of death.--For purposes of this subsection,
the Secretary shall use the standards established under
section 426 of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA PATRIOT Act) Act of 2001 (115 Stat.
362) in determining whether death occurred as a direct result
of a specified terrorist activity.
(9) Authority of the attorney general.--The requirements
and authorities under this subsection pertaining to the
Secretary, other than the authority to grant work
authorization, shall apply to the Attorney General with
respect to cases otherwise within the jurisdiction of the
Executive Office for Immigration Review.
(10) Process for implementation.--The Secretary and the
Attorney General--
(A) shall carry out this subsection as expeditiously as
possible;
(B) are not required to promulgate regulations before
implementing this subsection; and
(C) shall promulgate procedures to implement this
subsection not later than 180 days after the date of the
enactment of this Act.
______

SA 1456. Mrs. FEINSTEIN (for herself and Mr. Cornyn) 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 appropriate place, insert the following:

SEC. _. HUMAN TRAFFICKING AWARENESS.

(a) Findings.--Congress finds that:
(1) The United States has a tradition of advancing
fundamental human rights.
(2) Because the people of the United States remain
committed to protecting individual freedom, there is a
national imperative to eliminate human trafficking, including
early or forced marriage, commercial sexual exploitation,
forced labor, labor obtained through debt bondage,
involuntary servitude, slavery, and slavery by descent.
(3) To combat human trafficking in the United States and
globally, the people of the United States and the Federal
Government, including local and State governments, must be
aware of the realities of human trafficking and must be
dedicated to stopping this contemporary manifestation of
slavery.
(4) Beyond all differences of race, creed, or political
persuasion, the people of the United States face national
threats together and refuse to let human trafficking exist in
the United States and around the world.
(5) The United States should actively oppose all
individuals, groups, organizations, and nations who support,
advance, or commit acts of human trafficking.
(6) The United States must also work to end human
trafficking around the world through education.
(7) Victims of human trafficking need support in order to
escape and to recover from the physical, mental, emotional,
and spiritual trauma associated with their victimization.
(8) Human traffickers use many physical and psychological
techniques to control their victims, including the use of
violence or threats of violence against the victim or the
victim's family, isolation from the public, isolation from
the victim's family and religious or ethnic communities,
language and cultural barriers, shame, control of the
victim's possessions, confiscation of passports and other
identification documents, and threats of arrest, deportation,
or imprisonment if the victim attempts to reach out for
assistance or to leave.
(9) Although laws to prosecute perpetrators of human
trafficking and to assist and protect victims of human
trafficking have been enacted in the United States, awareness
of the issues surrounding human trafficking by those people
most likely to come into contact with victims is essential
for effective enforcement because the techniques that
traffickers use to keep their victims enslaved severely limit
self-reporting.
(10) The effort by individuals, businesses, organizations,
and governing bodies to promote the observance of the
National Day of Human Trafficking Awareness on January 11 of
each year represents one of the many examples of the ongoing
commitment in the United States to raise awareness of and to
actively oppose human trafficking.
(b) Sense of the Congress.--It is the sense of Congress
that Congress supports the goals and ideals of observing the
National Day of Human Trafficking Awareness on January 11 of
each year and all other efforts to raise awareness of and
opposition to human trafficking.
______

SA 1457. Mrs. FEINSTEIN submitted an amendment intended to be
proposed by her to the bill S. 1348, to provide for comprehensive
immigration reform and for other purposes; which was ordered to lie on
the table; as follows:

At the end of title I, add the following:

SEC. __. TECHNICAL CORRECTIONS.

(a) In General.--
(1) Redesignations.--Chapter 27 of title 18, United States
Code, is amended by redesignating section 554 added by
section 551(a) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389)
(relating to border tunnels and passages) as section 555.
(2) Table of sections.--The table of sections for chapter
27 of title 18, United States Code, is amended by striking
the item relating to section 554, ``Border tunnels and
passages'', and inserting the following:

``555. Border tunnels and passages.''.

(b) Criminal Forfeiture.--Section 982(a)(6)of title 18,
United States Code, is amended by striking ``554'' and
inserting ``555''.
(c) Directive to the United States Sentencing Commission.--
Section 551(d) of the Department of Homeland Security
Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390)
is amended in paragraphs (1) and (2)(A) by striking ``554''
and inserting ``555''.
______

SA 1458. 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 304, strike lines 2 through 20 and insert the
following:
(ii) Application.--A Z-1 non-immigrant'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 1459. 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;

[[Page S7259]]

``(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).
______

SA 1460. Mr. KYL (for himself, Mr. Specter, and Mr. Martinez)
submitted an amendment intended to be proposed to amendment SA 1150
proposed by Mr. Reid (for Mr. Kennedy (for himself and Mr. Specter)) to
the bill S. 1348, to provide for comprehensive immigration reform and
for other purposes; as follows:

Beginning on page 270, strike lines 31 and 32, and insert
the following:
``(3) Family-based visa petitions filed before january 1,
2007, for which visas will be available before january 1,
2027.--
``(A) In general.--The allocation of immigrant visas
described in paragraph (4) shall apply to an alien for whom--
``(i) a family-based visa petition was filed on or before
January 1, 2007; and
``(ii) as of January 1, 2007, the Secretary of Homeland
Security calculates under subparagraph (B) that a visa can
reasonably be expected to become available before January 1,
2027.
``(B) Reasonable expectation of availablity of visas.--In
calculating the date on which a family-based visa can
reasonably be expected to become available for an alien
described in subparagraph (A), the Secretary of Homeland
Security shall take into account--
``(i) the number of visas allocated annually for the family
preference class under which the alien's petition was filed;
``(ii) the effect of any per country ceilings applicable to
the alien's petition;
``(iii) the number of petitions filed before the alien's
petition was filed that were filed under the same family
preference class; and
``(iv) the rate at which visas made available in the family
preference class under which the alien's petition was filed
were unclaimed in previous years.
``(4) Allocation of family-based immigrant visas.--''.
______

SA 1461. Mr. KYL (for himself, Mr. Specter, 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:

On page 239, strike line 419(b)
On page 260, line 39 strike ``and''
On page 260, line 44, insert the following: ``;and
(iii) up to 40,000 will be for aliens who met the
specifications set forth in section 203(b)(1) of the
Immigration and Nationality Act (as of January 1, 2007)
(iv) the remaining visas be allocated as follows:
(a) in FY 2008 through 2009, 85,401 will be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section
(b) in FY 2010, 56,934 will be for aliens who are the
beneficiaries of a petition filed by an employer on their
behalf under this section
(c) in FY 2011, 28,467 will be for aliens who are the
beneficiaries of a petition filed by an employer on their
behalf under this section
(d) in FY 2012, 14,234 will be for aliens who are the
beneficiaries of a petition filed by an employer on their
behalf under this section
On page 265, line 16, insert the following:
(G) Any employer desiring and intending to employ within
the United States an alien qualified under (A) may file a
petition with the Secretary of Homeland Security for such
classification
(H) The Secretary of Homeland Security shall collect
applications and petitions by July 1 of each fiscal year and
will adjudicate from the pool of applicants received for that
fiscal year, from the highest to the lowest, the determined
number of points necessary for the fiscal year. If the number
of applications and petitions submitted that meet the merit
based threshold is insufficient for the number of visas
available that year, the Secretary is authorized to continue
accepting applications and petitions at a date determined by
the Secretary to adjudicate the applications and petitions
under this section.
Section 214(g) is amended by adding at the end the
following new subsection--
``(13) An employer that has at least 1,000 full-time
employees who are employed in the United States, including
employment authorized aliens, and employs aliens admitted or
provided status as a nonimmigrant described in section
101(a)(15)(H)(i)(b) in a number that is equal to at least 15
percent of the number of such full-time employees, may file
no more than 1,000 petitions under subsection (c) to import
aliens under section 101(a)(15)(H)(i)(b) in any fiscal
year.''
______

SA 1462. Mr. MARTINEZ (for himself, Mr. Specter, Mr. Kyl, Mr. McCain,
and Mr. Graham) 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 409, strike paragraphs (1) and (2) and insert
the following:
(1) in paragraph (1)--
(A) by striking ``(beginning with fiscal year 1992)'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) under section 101(a)(15)(Y)(i), may not exceed--
``(i) for the first fiscal year after the effective date
described in section 401(c) of the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007, 200,000; or
``(ii) in any subsequent fiscal year, the lesser of--

``(I) the number for the previous fiscal year, as adjusted
in accordance with paragraph (2)(B); or
``(II) 600,000;

``(C) under clause (iii) of section 101(a)(15)(Y), may not
exceed 20 percent of the annual limit on admissions of aliens
under clause (i) of such section for that fiscal year; or
``(D) under section 101(a)(15)(Y)(ii)(II), may not exceed--
``(i) for the first fiscal year after the effective date
referred to in subparagraph (B)(i), 100,000; or
``(ii) in any subsequent fiscal year, the lesser of--

``(I) the number for the previous fiscal year as adjusted
in accordance with paragraph (2)(A); or
``(II) 200,000.''; and

(2) by redesignating paragraphs (2) through (11) as
paragraphs (3) through (12), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Market-based adjustment.--
``(A) In general.--With respect to the numerical limitation
in subparagraph (A)(ii) or (D)(ii) of paragraph (1)--
``(i) if the total number of visas allocated for that
fiscal year are issued during the first 6 months that fiscal
year, an additional 15 percent of the allocated number shall
be made available immediately and the allocated amount for
the following fiscal year shall increase by 15 percent of the
original allocated amount in the prior fiscal year;
``(ii) if the total number of visas allocated for that
fiscal year are issued before the end of that fiscal year,
the allocated amount for the following fiscal year shall
increase by 10 percent of the original allocated amount in
the prior fiscal year; or
``(iii) for any fiscal year after the first subsequent
fiscal year to the fiscal year in which the program is
implemented, if fewer visas were allotted the previous fiscal
year than the number of visas allocated for that year and the
reason was not due to processing delays or delays in
promulgating regulations, then the allocated amount for the
following fiscal year shall decrease by 10 percent of the
allocated amount in the prior fiscal year.
``(B) Y-1 nonimmigrants.--With respect to the numerical
limitation in subparagraph (B)(ii) of paragraph (1)--
``(i) if the total number of visas allocated for that
fiscal year are issued before the end of that fiscal year and
the total number of such visas was--

``(I) not more than 400,000, the allocated amount for the
following fiscal year shall increase by 15 percent of the
original allocated amount in the prior fiscal year; or
``(II) more than 400,000, the allocated amount for the
following fiscal year shall increase by 10 percent of the
original allocated amount in the prior fiscal year; or

``(ii) for any fiscal year after the first subsequent
fiscal year to the fiscal year in which the program is
implemented, if fewer visas were allotted the previous fiscal
year than the number of visas allocated for that year and the
reason was not due to processing delays or delays in
promulgating regulations, then the allocated amount for the
following fiscal year shall decrease by 10 percent of the
allocated amount in the prior fiscal year.''.

[[Page S7260]]

______

SA 1463. Mr. MARTINEZ (for himself, Mr. Specter, Mr. Kyl, Mr. McCain,
and Mr. Graham) 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 409, strike paragraphs (1) and (2) and insert
the following:
(1) in paragraph (1)--
(A) by striking ``(beginning with fiscal year 1992)'';
(B) by striking subparagraph (B) and inserting the
following:
``(B) under section 101(a)(15)(Y)(i), may not exceed--
``(i) for the first fiscal year after the effective date
described in section 401(c) of the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007, 200,000; or
``(ii) in any subsequent fiscal year, the lesser of--

``(I) the number for the previous fiscal year as adjusted
in accordance with paragraph (2); or
``(II) 400,000;

``(C) under clause (iii) of section 101(a)(15)(Y), may not
exceed 20 percent of the annual limit on admissions of aliens
under clause (i) of such section for that fiscal year; or
``(D) under section 101(a)(15)(Y)(ii)(II), may not exceed--
``(i) for the first fiscal year after the effective date
referred to in subparagraph (B)(i), 100,000; or
``(ii) in any subsequent fiscal year, the lesser of--

``(I) the number for the previous fiscal year as adjusted
in accordance with paragraph (2); or
``(II) 200,000.''; and

(2) by redesignating paragraphs (2) through (11) as
paragraphs (3) through (12), respectively;
(3) by inserting after paragraph (1) the following:
``(2) Market-based adjustment.--With respect to the
numerical limitation set in subparagraph (A)(ii), (B)(ii),
and (D)(ii) of paragraph (1)--
``(A) if the total number of visas allocated for that
fiscal year are issued before the end of that fiscal year,
the allocated amount for the following fiscal year shall
increase by 15 percent of the original allocated amount in
the prior fiscal year; or
``(B) for any fiscal year after the first subsequent fiscal
year to the fiscal year in which the program is implemented,
if fewer visas were allotted the previous fiscal year than
the number of visas allocated for that year and the reason
was not due to processing delays or delays in promulgating
regulations, then the allocated amount for the following
fiscal year shall decrease by 10 percent of the allocated
amount in the prior fiscal year.''.

______

SA 1464. Mr. MARTINEZ (for himself, Mr. Specter, Mr. Kyl, Mr. McCain,
and Mr. Graham) 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 224, between lines 29 and 30, and insert the
following:
(3) by amending paragraph (3), as redesignated by paragraph
(2) of this section, to read as follows:
``(3) The numerical limitations of paragraph (1)--
``(A) shall apply to principal aliens and not to the
spouses or children of such aliens; and
``(B) shall not apply to aliens seeking nonimmigrant status
under section 101(a)(15)(Y)(i) for a fiscal year who have
been granted nonimmigrant status under such section during a
previous fiscal year.''; and

______

SA 1465. Mr. GRAHAM (for himself, Mr. Kyl, and Mr. McCain) 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 157, strike lines 34 through 39, and insert the
following:
(2) Overstay.--Except as provided in paragraphs (3) and
(4), an alien who knowingly remains in the United States for
more than 30 days after the expiration of the period of
authorized admission for such alien shall be--
(A) imprisoned for not less than 60 days; and
(B) barred permanently from receiving benefits under the
immigration laws of the United States.
On page 150, strike lines 4 through 20.
On page 286, beginning on line 4, strike all through line
10, and insert the following:
(iii) for humanitarian purposes, to ensure family unity, or
if such waiver is otherwise in the public interest, the
Secretary may, in the Secretary's discretion, waive the
application of paragraphs (1)(C), (2)(D)(i) (when the alien
demonstrates that such actions or activities were committed
involuntarily), (5)(A), (6)(A) (with respect to entries
occurring before January 1, 2007), (6)(C)(ii), (6)(D),
(6)(F), (6)(G), (7), (9)(B), (9)(C)(i)(I), and (10)(B) of
section 212(a) of the Immigration and Nationality Act; and
In Section 1. Effective Date Triggers,
On page 3, line 43 insert the following:
(d) the Secretary of the Department of Homeland Security
shall promptly identify, investigate, and initiate removal
proceedings against every alien who was admitted to the
United States under Section 101(a)(15)(H)(ii) (as amended by
Title IV); Section 101(a)(15)(Y); or Section 101(a)(15)(B)
(admitted under the terms and conditions of Section 214(s))
of the ACT, and who has exceeded the alien's authorized
period of admission or otherwise violated any terms of the
nonimmigrant classification in which the alien was admitted.
In conducting such removals, the Secretary shall give
priority to aliens who may pose a threat to national
security, homeland security, or public safety.
Parent Visas:
(a) Paragraph 506(b) is amended by striking ``$1,000'' and
inserting ``$2,500''
Fee for the new trigger language regarding the
establishment and deployment of a Y departure tracking
system.
(a) Paragraph 218A(e), as created by the Secure Borders,
Economic Opportunity and Immigration Reform Act of 2007, is
amended as follows:
(1) In subparagraph (3)--
(A) To redesignate paragraphs (C), (D) and (E) as
paragraphs (D), (E), and (F), respectively;
(B) To add a new paragraph (C) to read as follows:
``(C) An Exit Tracking Fee, in an amount set by Secretary
at a level that will ensure recovery of the full costs of
providing the Y nonimmigrant visa exit system described in
section 1(a)(6) of the Secure Borders, Economic Opportunity
and Immigration Reform Act of 2007 and any additional costs
associated with the administration of the fees collected'';
and
(C) To add a new paragraph (G) to read as follows:
``(G) Deposit and Disposition of Departure Fee.--The funds
described in subparagraph (C) shall be deposited and remain
available as the Secretary may prescribe to carry out the
purposes as described in 218A(e)(3)(C).''
Affidavit requirements:
(a) Amend paragraph (i) of section 601
(1) in subparagraph (2)
(A) amend paragraph (D)(ii) to read as follows:
``(ii) set by notice in the Federal Register such terms and
conditions and minimum standards for affidavits described in
(C)(VI) as are necessary, when such affidavits are reviewed
in combination with the other documentation as described (A)
or (C), to reliably demonstrate and provide for verification
of the identity of any affiant or verification of the
physical presence, identity, or employment information
averred to by the affiant, or to otherwise prevent fraudulent
submissions.''
Background Checks--
Section 601(g)(3)(B) is amended by adding ``and any other
appropriate information'' after ``biometric data provided by
the alien.''
Section 601(h)(2) is amended by adding prior to the period
at the end of the subsection: ``unless that the Secretary
determines, in his discretion, that there are articulable
reasons to suspect that the alien may be a danger to the
security of the United States or to the public safety. If the
Secretary determines that the alien may be a danger to the
security of the United States or to the public safety, the
Secretary shall endeavor to determine eligibility for Z
status as expeditiously as possible.''
Security Checks/Electronic Registration System--
(a) add a new section to title VI to read as follows:

SEC. 626. ELECTRONIC SYSTEM FOR THE PRE-REGISTRATION FOR
APPLICANTS FOR Z AND Z-A STATUS.

The Secretary of Homeland Security may establish an online
registration process allowing applicants for Z and Z-A
nonimmigrant status to provide, in advance of the application
described in paragraph 601(f), such biographical information
and other information as the Secretary shall prescribe for
the purpose of (1) providing applicants with an appointment
to provide fingerprints and other biometric data at a DHS
facility, (2) initiating background checks based on such
information, and (3) other purposes consistent with this Act.
Treatment of Certain Criminal Aliens
Strike page 47, line 38-page 48 line 2 and insert:
``(b) Effective Date.--The amendments made by this section
shall take effect on the date of the enactment of this Act
and shall apply to any conviction that occurred before, on,
or after enactment of this Act.''
Exit System Trigger for Y Visas--p.3, line 25 add as
section 1(a)(6):
(6) Visa exit tracking system: The Department of Homeland
Security has established and deployed a system capable of
recording the departure of aliens admitted under section
101(a)(15)(Y) of the Immigration and Nationality Act, at
designated ports of entry or designated U.S. Consulates
abroad.
Strike section 111(a) in its entirety and replace with
(a) Section 215 of the Immigration and Nationality Act, (8
U.S.C. 1185) is amended--
(1) by redesignating subsection (c) as subsection (h);
(2) by moving redesignated subsection (h), as redesignated
by paragraph (1) to the end;

[[Page S7261]]

(3) by redesignating subsections (d), (e), and (f) as
subsections (e), (f), and (g); and
(4) by inserting after subsection (b) the following:
``(c) Collection of Biometric Data From Aliens Entering and
Departing the United States--
``The Secretary shall require aliens entering and departing
the United States to provide biometric data and other
information relating to their immigration status.
``(d) Collection of Departure Data From Certain
Nonimmigrants--
``(1) The Secretary shall require aliens who were admitted
to the United States under section 101(a)(15)(B) (under the
terms and conditions of section 214(s)), section
101(a)(15)(H)(ii), or section 101(a)(15)(Y) to record their
departure at a designated port of entry or at a designated
United States consulate abroad.
``(2) Aliens who do not record their departure as required
in paragraph (1) shall be entered into the database as
overstays within 48 hours of the expiration of their period
of authorized admission.
``(3) The information in this database shall be made
available to state and local law enforcement pursuant to the
provisions of section 240D.''
Line edit amendment:
On page 49 lines 7-8 strike ``, which is punishable by a
sentence of imprisonment of five years or more''
On page 49 line 44 to page 50 line 10 strike ``Unless'' and
all that follows and insert:
Any alien whom--
``(i) a consular officer, the Secretary of Homeland
Security, or the Attorney General knows or has reason to
believe to be or to have been a member of a criminal gang (as
defined in section 101 (a)(52)); or
``(ii) a consular officer, the Secretary of Homeland
Security, or the Attorney General knows or has reason to
believe to have participated in the activities of a criminal
gang (as defined in section 101 (a)(52)), knowing or having
reason to know that such activities will promote, further,
aid, or support the illegal activity of the criminal gang;
``is inadmissible. The Secretary of Homeland Security or
the Attorney General may in his discretion waive clauses (i)
or (ii).''.
On page 50 line 16 through page 50 line 22, strike ``Any''
and all that follows and insert:
Any alien whom--
``(i) there is reasonable ground to believe is or has been
a member of a criminal gang (as defined in section
101(a)(52)); or
``(ii) there is reasonable ground to believe has
participated in the activities of a criminal gang (as defined
in section 101(a)(52)), knowing or having reason to know that
such activities will promote, further, aid, or support the
illegal activity of the criminal gang;
``is deportable. The Secretary of Homeland Security or the
Attorney General may in his discretion waive clauses (i) or
(ii).''
On page 51, strike lines 8-12 and insert: ``(ii) the alien
is, or at any time after admission has been, a member of a
criminal gang (as defined in section 101(a)(52)); and''
On page 51, line 24, redesignate (e) as (f). On page 51,
line 24, redesignate (f) as (g). On page 51, line 23 insert:
(e) Effective Date.--The amendments made to subsections
(b), (c) and (d) shall apply to--
1. Any act or membership that occurred on, before or after
the date of the enactment of this Act, and
2. all aliens who are required to establish admissibility
on or after the date of enactment of this section, and to all
aliens in removal, deportation, or exclusion proceedings that
are filed, pending, or reopened, on or after such date.
On page 289, line 35-36 strike ``gang membership,
renunciation of gang affiliation;'' and insert ``gang
membership;''
Misdemeanor Crime for Knowingly Overstaying Visa and
Parole:
On page 52, line 10 strike ``or''
On page 52, line 18 strike the period after ``shipping
laws)'' and insert ``; or'' On page 52, line 18 insert:
``(D) knowingly exceeds by 30 days or more the period of
the alien's admission or parole into the United States.''
On page 53 redesignate subsections (b) and (c) as
subsections (c) and (d) and insert on line 25: .
(b) Special Effective Date.--Subsection (a)(1)(D) of
section 275 of the Immigration and Nationality Act, as
amended by this Act, shall apply to all aliens admitted or
paroled after the enactment of this Act.
Deposit and Spending of Penalties and Fines in Titles VI--
1. Add a new subsection (z) to section 286 as follows:
(z) Immigration Enforcement Account.--
(1) Transfers into the Immigration Enforcement Account--
Immediately upon enactment, the following amount shall be
transferred from the general fund to the Immigration
Enforcement Account, $4,400,000,000.
(2) Appropriations--
(a) There are hereby appropriated such sums that are
provided under subsection 1 to remain available until five
years after enactment.
(b) These sums shall be used to meet the trigger
requirements set forth in title I, section 1.
(c) To the extent funds are not exhausted pursuant to (b),
they shall be used by the Secretary of Homeland Security on
one or more of the following:
1. Fencing and Infrastructure;
2. Towers;
3. Detention beds;
4. Employment Eligibility Verification System;
5. Implementation of programs authorized in titles IV and
VI; and
6. Other federal border and interior enforcement
requirements to ensure the integrity of programs authorized
in titles IV and VI.
2. Strike section 608 and replace with the following:

SEC. 608. PAYMENT OF PENALTIES AND USE OF PENALTIES
COLLECTED.

(a) The Secretary shall by regulation establish procedures
allowing for the payment of 80 percent of the penalties
described in Section 601 (e)( 6)(B) and Section
602(a)(I)(C)(v) through an installment payment plan.
(b) Any penalties received under this title with respect to
an application for Z-1 nonimmigrant status shall be used in
the following order of priority:
(1) the first $4.4 billion of such penalties shall be
deposited into the general fund as repayment of funds
transferred into the Immigration Enforcement Account under
section 286(z)(1).
(2) penalties in excess of $4.4 billion shall be deposited
and remain available as otherwise provided under this act.
On page 4, strike lines 12 through 26, and insert the
following:
(2) Smuggling investigators and ice personnel.--
(A) Smuggling personnel.--During each of the fiscal years
2008 through 2012, the Secretary of Homeland Security shall,
subject to the availability of appropriations, increase by
not less than 200 the number of positions for personnel
within the Department assigned to investigate alien
smuggling.
(B) Increase in full-time united states immigration and
customs enforcement personnel.--
(i) In general.--In each of the fiscal years 2008 through
2011, the Secretary of Homeland Security shall increase by
not less than 1,250 the number of positions for full-time
active duty forensic auditors, intelligence research
specialists, agents, officers, and investigators in the
United States Immigration and Customs Enforcement to carry
out the removal of aliens who are not admissible to, or are
subject to removal from, the United States, to investigate
immigration fraud, and to enforce workplace violations.
(ii) Authorization of appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
the provisions of this subparagraph.
(C) Conforming amendment.--Section 5203 of the Intelligence
Reform and Terrorism Protection Act of 2004 (Public Law 108-
458; 118 Stat. 3734) is repealed.
On page 140, beginning on line 4, strike ``In each of the
five years beginning on the date of the enactment of this
Act, the appropriations necessary to increase to a level not
less than 4500'' and insert the following: ``In each of the
two years beginning on the date of the enactment of this Act,
the appropriations necessary to hire not less than 2500 a
year''.
Beginning on page 290, strike line 13 and all that follows
through page 291, line 1, and insert the following:
(1) In general.--An alien who files an application for Z
nonimmigrant status shall, upon submission of any evidence
required under subsections (f) and (g) and after the
Secretary has conducted appropriate background checks--
(A) shall be granted probationary benefits in the form of
employment authorization pending final adjudication of the
alien's application;
(B) may, in the Secretary's discretion, receive advance
permission to reenter the United States pursuant to existing
regulations governing advance parole; and
(C) may not be considered an unauthorized alien (as defined
in section 274A(b) of the Immigration and Nationality Act, as
amended by section 302) unless employment authorization under
subparagraph (A) is denied.
(2) Timing of probationary benefits.--No probationary
benefits shall be issued to an alien described in paragraph
(1) until the alien has passed all appropriate background
checks.
Beginning on page 154, strike line 23 and all that follows
through page 155, line 8, and insert the following:
``(2) Exception.--The Secretary of Homeland Security may
waive the termination of the period of authorized admission
of an alien who is a Y nonimmigrant for unemployment under
paragraph (1)(D) if the alien submits to the Secretary an
attestation under penalty of perjury in a form prescribed by
the Secretary, with supporting documentation, that
establishes that such unemployment was the result of--
``(A) a period of physical or mental disability of the
alien or the spouse, son, daughter, or parent (as defined in
section 101 of the Family and Medical Leave Act of 1993 (29
U.S.C. 2611)) of the alien;
``(B) a period of vacation, medical leave, maternity leave,
or similar leave from employment authorized by Federal or
State law or by a policy of the alien's employer; or
``(C) any other period of temporary unemployment that is
the direct result of a force majeure event.
``(3) Return to foreign residence.--An alien who is a Y
nonimmigrant whose period of authorized admission terminates
under paragraph (1) shall depart the United States
immediately.
``(k) Registration of Departure.--

[[Page S7262]]

``(1) In general.--An alien who is a Y nonimmigrant whose
period of authorized admission has expired under subsection
(i), or whose period of authorized admission terminates under
subsection (j), shall register the departure of such alien at
a designated port of departure or designated U.S. consulate
abroad in a manner to be prescribed by the Secretary of
Homeland Security.
``(2) Effect of failure to depart.--In the event an alien
described in paragraph (1) fails to depart the United States
or to register such departure as required by subsection
(j)(3), the Secretary of Homeland Security shall take
immediate action to determine the location of the alien and,
if the alien is located in the United States, to remove the
alien from the United States.
``(3) Invalidation of documentation.--Any documentation
issued by the Secretary of Homeland Security under subsection
(m) to an alien described in paragraph (1) shall be invalid
for any purpose except the departure of the alien on and
after the date on which the period of authorized admission of
such alien terminates.''. The Secretary shall ensure that the
invalidation of such documentation is recorded in the
employment eligibility verification system described in
section 301.
at the appropriate place in Title 3, insert the following:
14 days prior to employment eligibility expiration
employers shall provide, in writing, notification to aliens
of the expiration of the alien's employment eligibility.
______

SA 1466. Mr. BIDEN (for himself and Mrs. Clinton) 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 56, strike line 9 and insert the following:
``(i) Victims of Battery and Extreme Cruelty.--The Attorney
General in the Attorney General's discretion may waive the
provisions of subsection (a) in the case of an alien to whom
the Attorney General has granted classification under clause
(iii), (iv), or (v) of subparagraph (A) of section 204
(a)(1), or classification under clause (ii), (iii), or (iv)
of subparagraph (B) of such section, in any case in which
there is a connection between--
``(1) the alien's having been battered or subjected to
extreme cruelty; and
``(2) the alien's--
``(A) removal;
``(B) departure from the United States;
``(C) reentry or reentries into the United States; or
``(D) attempted reentry into the United States.
``(j) Definitions.--In this section:
On page 71, line 6, strike ``and''.
On page 71, line 14, strike the period at the end and
insert the following: ``; and
(7) by adding at the end the following new subsection:
``(g) Application of VAWA Protections.--The restrictions on
relief under this section shall not apply to relief under
sections 240A or 245 on the basis of a petition filed by a
VAWA self-petitioner, or a petition filed under section
240(A)(b)(2), or under 244(a)(3) (as in effect on March 31,
1997), if the extreme cruelty or battery was at least one
central reason for the alien's overstaying the grant of
voluntary departure.''.
On page 150, strike line 9 and insert ``grounds of
inadmissability under section 601(d)(2) of the Secure
Borders, Economic Opportunity, and Immigration Reform Act of
2007 unless the alien qualifies for relief as a VAWA self-
petitioner or qualifies for relief under sections 240A(b)(2),
101(a)(15)(T), or 101(a)(15)(U) or under section 244(a)(3)
(as in effect on March 31, 1997).''.
On page 150, strike line 31 and insert ``601(d)(1)(A), (D),
(E), (F), or (G) of the Secure Borders, Economic Opportunity,
and Immigration Reform Act of 2007 unless the alien qualifies
for relief as a VAWA self-petitioner or qualifies for relief
under sections 240A(b)(2), 101(a)(15)(T), or 101(a)(15)(U) or
under section 244(a)(3) (as in effect on March 31, 1997).''.
On page 157, line 7, strike ``; or'' and insert a
semicolon.
On page 157, line 11, strike the period at the end and
insert ``; or
``(D) relief as a VAWA self-petitioner or under sections
240A(b)(2), 101(a)(15)(T), or 101(a)(15)(U) or under section
244(a)(3) (as in effect on March 31, 1997).
On page 158, line 2, strike ``; or'' and insert a
semicolon.
On page 158, line 6, strike the period at the end and
insert ``; or
``(D) relief as a VAWA self-petitioner or under sections
240A(b)(2), 101(a)(15)(T), or 101(a)(15)(U) or under section
244(a)(3) (as in effect on March 31, 1997).
On page 271, strike lines 19 through 21 and insert the
following:
(d) Petition.--Section 204(a)(1) of the Immigrations and
Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``, (3), or (4)''; and
(B) in clause (vii)(III), insert after ``immediate relative
under section 201(b)(2)(A)(i)'' the following: ``(as in
effect on January 1, 2007)''; and
(2) in subparagraph (D)(i)(I), by striking ``a petitioner''
and all that follows through the period at the end of the
sentence and inserting ``an immediate relative''.
On page 279, line 14, strike ``; or'' and insert a
semicolon.
On page 279, line 18, strike the period at the end and
insert ``; or
``(iv) relief as a VAWA self-petitioner or under sections
240A(b)(2), 101(a)(15)(T), or 101(a)(15)(U) or under section
244(a)(3) (as in effect on March 31, 1997).
On page 280, line 2, insert after ``terminated.'' the
following: ``The provisions of this paragraph shall not apply
to citizen and Y-1 nonimmigrant sponsors described in
subsection 214(d)(2)(c)(ii) or section 237(a)(7).''.
On page 303, line 9, insert after ``221 and 222'' the
following: ``of the Immigration and Nationality Act (8 U.S.C.
1201 and 1202) unless the alien qualifies for relief as a
VAWA self-petitioner or qualifies for relief under sections
240A(b)(2), 101(a)(15)(T), or 101(a)(15)(U) of such Act or
under section 244(a)(3) of such Act (as in effect on March
31, 1997).''.
On page 305, strike line 13 and insert the following:
(A) Restriction on visa issuance or adjustment.--
(i) In general.--An
On page 305, between lines 19 and 20, insert the following:
(ii) Exception for certain individuals.--The restriction
under clause (i) does not apply if the alien qualifies for
relief as a VAWA self-petitioner or qualifies for relief
under sections 240A(b)(2), 101(a)(15)(T), or 101(a)(15)(U) of
the Immigration and Nationality Act or under section
244(a)(3) of such Act (as in effect on March 31, 1997).
______

SA 1467. 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. __. B-1 VISITOR VISA GUIDELINES AND DATA TRACKING
SYSTEMS.

(a) Guidelines.--
(1) In general.--Not later than 6 months after the date of
enactment of this Act--
(A) the Secretary of State shall review existing
regulations or internal guidelines relating to the
decisionmaking process with respect to the issuance of B-1
visas by consular officers and determine whether
modifications are necessary to ensure that such officers make
decisions with respect to the issuance of B-1 visas as
consistently as possible while ensuring security and
maintaining officer discretion over such issuance
determinations; and
(B) the Secretary of Homeland Security shall review
existing regulations or internal guidelines relating to the
decisionmaking process of Customs and Border Protection
officers concerning whether aliens holding a B-1 visitor visa
are admissible to the United States and the appropriate
length of stay and shall determine whether modifications are
necessary to ensure that such officers make decisions with
respect to aliens' admissibility and length of stay as
consistently as possible while ensuring security and
maintaining officer discretion over such determinations.
(2) Modification.--If, after conducting the reviews under
paragraph (1), the Secretary of State or the Secretary of
Homeland Security determine that modifications to existing
regulations or internal guidelines, or the establishment of
new regulations or guidelines, are necessary, the relevant
Secretary shall make such modifications during the 6-month
period referred to in such paragraph.
(3) Consultations.--In making determinations and preparing
guidelines under paragraph (1), the Secretary of State and
the Secretary of Homeland Security shall consult with
appropriate stakeholders.
(b) Data Tracking Systems.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act--
(A) the Secretary of State shall develop and implement a
system to track aggregate data relating to the issuance of B-
1 visitor visas in order to ensure the consistent application
of agency regulations or internal guidelines; and
(B) the Secretary of Homeland Security shall develop and
implement a system to track aggregate data relating to
admissibility decision, and length of stays under, B-1
visitor visas in order to ensure the consistent application
of agency regulations or internal guidelines.
(2) Limitation.--The systems implemented under paragraph
(1) shall not store or track personally identifiable
information, except that this paragraph shall not be
construed to limit the application of any other system that
is being implemented by the Department of State or the
Department of Homeland Security to track travelers or travel
to the United States.
(c) Public Education.--The Secretary of State and the
Secretary of Homeland Security shall carry out activities to
provide guidance and education to the public and to visa
applicants concerning the nature, purposes, and availability
of the B-1 visa for business travelers.
(d) Report.--Not later than 6 and 18 months after the date
of enactment of this Act, the Secretary of State and the
Secretary of Homeland Security shall submit reports
concerning the status of the implementation of this section
to the Senate Committees on the Judiciary & Foreign Relations

[[Page S7263]]

and to the Committees on the Judiciary and Foreign Affairs of
the House of Representatives.
______

SA 1468. Mrs. McCASKILL 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 123, strike line 5 and all that follows through
page 124, line 6, and insert the following:
``(1) Employers.--
``(A) In general.--Whenever an employer who does not hold
Federal contracts, grants, or cooperative agreements is
determined by the Secretary to be a repeat violator of this
section or is convicted of a crime under this section, the
employer shall be subject to prohibition from the receipt of
Federal contracts, grants, or cooperative agreements for a
period of not less than 5 years in accordance with the
procedures and standards prescribed by the Secretary. The
Secretary or the Attorney General shall advise the
Administrator of General Services of any such prohibition,
and the Administrator of General Services shall list the
employer on the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs for the period of the
prohibition.
``(B) Waiver authority.--After consideration of the views
of any agency or department regarding an employer described
under subparagraph (A), the Administrator of General
Services, in consultation with the Secretary of Homeland
Security and the Attorney General, may waive the prohibition
or may limit the duration or scope of the prohibition under
subparagraph (A) if such waiver or limitation is necessary to
the national defense or in the interest of national security.
``(C) Notification to congress.--If the Administrator of
General Services grants a waiver or limitation described
under subparagraph (B), the Administrator shall submit notice
of such waiver or limitation to each member of the Committee
on the Judiciary of the Senate and of the Committee on the
Judiciary of the House of Representatives.
``(2) Contractors and recipients.--
``(A) In general.--Whenever an employer who holds Federal
contracts, grants, or cooperative agreements is determined by
the Secretary to be a repeat violator of this section or is
convicted of a crime under this section, the employer shall
be subject to prohibition from the receipt of Federal
contracts, grants, or cooperative agreements for a period of
not less than 5 years in accordance with the procedures and
standards prescribed by the Secretary. Prior to prohibiting
the employer, the Secretary, in cooperation with the
Administrator of General Services, shall advise all agencies
holding contracts, grants, or cooperative agreements with the
employer of the proceedings to prohibit the employer from the
receipt of new Federal contracts, grants, or cooperative
agreements for a period of not less than 5 years.
``(B) Waiver authority.--After consideration of the views
of any agency or department that holds a contract, grant, or
cooperative agreement with an employer described under
subparagraph (A), the Administrator of General Services, in
consultation with the Secretary of Homeland Security and the
Attorney General, may waive the prohibition or may limit the
duration or scope of the prohibition under subparagraph (A)
if such waiver or limitation is necessary to the national
defense or in the interest of national security.
``(C) Notification to congress.--If the Administrator of
General Services grants a waiver or limitation described
under subparagraph (B), the Administrator shall submit notice
of such waiver or limitation to each member of the Committee
on the Judiciary of the Senate and of the Committee on the
Judiciary of the House of Representatives.''.
______

SA 1469. Mrs. CLINTON 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:

Insert the following after Section 126:

``SECTION 127. NORTHERN BORDER COORDINATOR.

``(a) In General.--There shall be within the Directorate of
Border and Transportation Security the position of Northern
Border Coordinator, who shall be appointed by the Secretary
and who shall report directly to the Under Secretary for
Border and Transportation Security.
``(b) Responsibilities.--The Northern Border Coordinator
shall be responsible for--
``(1) increasing the security of the border, including
ports of entry, between the United States and Canada;
``(2) improving the coordination among the agencies
responsible for the security described under paragraph (1);
``(3) serving as the primary liaison with State and local
governments and law enforcement agencies regarding security
along the border between the United States and Canada; and
``(4) serving as a liaison with the Canadian government on
border security.''.
______

SA 1470. Mr. LEVIN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place, insert the following:

SEC. __. ADMISSION OF CERTAIN NATIONALS FROM IRAQ AS PRIORITY
2 REFUGEES.

(a) In General.--Subject to the numerical limitations
established pursuant to section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157), the Secretary of State or a
designee of the Secretary shall present to the Secretary of
Homeland Security, and the Secretary of Homeland Security or
a designee of the Secretary shall adjudicate, any application
for refugee status under section 207 of the Immigration and
Nationality Act (8 U.S.C. 1157) submitted by an applicant
who--
(1) is a national of Iraq;
(2) is able to demonstrate that--
(A) for a period of at least one year beginning after March
1, 2003, he or she served the United States Government inside
Iraq as an employee, volunteer, contractor, or employee of a
contractor of the United States Government; or
(B) he or she has a parent, spouse, son, daughter,
grandparent, grandchild, or sibling currently residing in the
United States who is a United States citizen, lawful
permanent resident, asylee, or refugee; and
(3) is able to demonstrate that he or she left Iraq before
January 1, 2007, and has resided outside Iraq since that
time.
(b) Authorization of Additional Refugee Admissions.--
Section 207 of the Immigration and Nationality Act (8 U.S.C.
1157) is amended by adding at the end the following new
subsection:
``(g) Admission of Certain Nationals of Iraq.--In addition
to any refugee admissions determined under subsections (a)
and (b), there are 250,000 refugee admissions authorized for
each of fiscal years 2007, 2008, and 2009 for refugees who
are nationals of Iraq.''.
______

SA 1471. Mr. DURBIN (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:

Beginning on page 242, strike line 37 and all that follows
through line 24, on page 250, and insert the following:
``(I) If the employer employs not less than 50 employees in
the United States, not more than 50 percent of such employees
are H-1B nonimmigrants and nonimmigrants described in section
101(a)(15)(L).''.
(e) Wage Determination.--
(1) Change in minimum wages.--Section 212(n)(1) of such
Act, as amended by this section, is further amended--
(A) by amending subparagraph (A) to read as follows:
``(A) The employer--
``(i) is offering and will offer, during the period of
authorized employment, to aliens admitted or provided status
as an H-1B nonimmigrant, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--
``(I) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(II) the median average wage for all workers in the
occupational classification in the area of employment; or
``(III) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and
``(ii) will provide working conditions for such a
nonimmigrant that will not adversely affect the working
conditions of workers similarly employed.''; and
(B) in subparagraph (D), by inserting ``the wage
determination methodology used under subparagraph (A)(i),''
after ``shall contain''.
(2) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.
(f) Prohibition of Outplacement.--
(1) In general.--Section 212(n) of such Act, as amended by
this section, is further amended--
(A) in paragraph (1), by amending subparagraph (F) to read
as follows:
``(F) The employer shall not place, outsource, lease, or
otherwise contract for the placement of an H-1B nonimmigrant
with another employer unless the employer of the alien has
received a waiver under paragraph (2)(E).''; and
(B) in paragraph (2), by amending subparagraph (E) to read
as follows:
``(E) The Secretary of Labor shall promulgate rules, after
notice and a period for comment, for an employer of an H-1B
nonimmigrant to apply for a waiver of the prohibition in
paragraph (1)(F). The decision whether to grant or deny a
waiver under this subparagraph shall be in the sole and
unreviewable discretion of the Secretary. In order to receive
a waiver under this subparagraph, the burden shall be on the
employer seeking the waiver to establish that--
``(i) the placement is for legitimate business purposes and
not to evade the requirements of this subsection;

[[Page S7264]]

``(ii) the employer with whom the nonimmigrant would be
placed has not displaced and does not intend to displace a
United States worker employed by the employer within the
period beginning 180 days before and ending 180 days after
the date of the placement of the nonimmigrant with the
employer;
``(iii) the nonimmigrant will not be controlled and
supervised principally by the employer with whom the
nonimmigrant would be placed; and
``(iv) the placement of the nonimmigrant is not essentially
an arrangement to provide labor for hire for the employer
with whom the nonimmigrant will be placed.''.
(2) Application.--The amendments made by paragraph (1)
shall apply to an application filed on or after the date the
rules required section 212(n)(2)(E) of such Act, as amended
by paragraph (1)(B) of this subsection, are issued.
(g) Posting Available Positions.--
(1) Posting available positions.--Section 212(n)(1)(C) of
such Act is amended--
(A) by redesignating clause (ii) as subclause (II);
(B) by striking ``(i) has provided'' and inserting the
following:
``(ii)(I) has provided''; and
(C) by inserting before clause (ii), as redesignated by
subparagraph (B), the following:
``(i) has posted a detailed description of each position
for which a nonimmigrant is sought on the website described
in paragraph (6) of this subsection for at least 30 calendar
days, which description shall include the wages and other
terms and conditions of employment, the minimum education,
training, experience and other requirements for the position,
and the process for applying for the position; and''.
(2) Department of labor website.--Section 212(n) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(6)(A) Not later than 90 days after the date of the
enactment of this paragraph, the Secretary of Labor shall
establish a searchable website for posting positions as
required by paragraph (1)(C). This website shall be publicly
accessible without charge.
``(B) The Secretary may charge a nominal filing fee to
employers who post positions on the website established under
this paragraph to cover expenses for establishing and
administering the website.
``(C) The Secretary may work with private companies and
nonprofit organizations in the development and operation of
the website established under this paragraph.
``(D) The Secretary may promulgate rules, after notice and
a period for comment, to carry out the requirements of this
paragraph.''.
(3) Application.--The amendments made by paragraph (1)
shall apply to an application filed 30 days or more after the
date that the website required by section 212(n)(6) of such
Act, as added by paragraph (2) of this subsection, is
created.

SEC. 421. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

(a) Safeguards Against Fraud and Misrepresentation in
Application Review Process.--Section 212(n)(1)(K) of the
Immigration and Nationality Act, as redesignated by section
2(d)(2), is amended--
(1) by inserting ``and through the Department of Labor's
website, without charge.'' after ``D.C.'';
(2) by inserting ``, clear indicators of fraud,
misrepresentation of material fact,'' after ``completeness'';
(3) by striking ``or obviously inaccurate'' and inserting
``, presents clear indicators of fraud or misrepresentation
of material fact, or is obviously inaccurate'';
(4) by striking ``within 7 days of'' and inserting ``not
later than 14 days after''; and
(5) by adding at the end the following: ``If the
Secretary's review of an application identifies clear
indicators of fraud or misrepresentation of material fact,
the Secretary may conduct an investigation and hearing under
paragraph (2)''.
(b) Investigations by Department of Labor.--Section
212(n)(2) of such Act is amended--
(1) in subparagraph (A)--
(A) by striking ``12 months'' and inserting ``24 months'';
and
(B) by striking ``The Secretary shall conduct'' and all
that follows and inserting ``Upon the receipt of such a
complaint, the Secretary may initiate an investigation to
determine if such a failure or misrepresentation has
occurred.'';
(2) in subparagraph (C)(i)--
(A) by striking ``` condition of paragraph (1)(B), (1)(E),
or (1)(F)'' and inserting ``a condition under subparagraph
(B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)'';
and
(B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``if the Secretary'' and all
that follows and inserting ``with regard to the employer's
compliance with the requirements of this subsection.'';
(B) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and
inserting ``the Secretary of Labor may conduct an
investigation into the employers compliance with the
requirements of this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(F) in clause (iv), as redesignated, by striking ``meet a
condition described in clause (ii), unless the Secretary of
Labor receives the information not later than 12 months'' and
inserting ``comply with the requirements under this
subsection, unless the Secretary of Labor receives the
information not later than 24 months'';
(G) by amending clause (v), as redesignated, to read as
follows:
``(v) The Secretary of Labor shall provide notice to an
employer of the intent to conduct an investigation. The
notice shall be provided in such a manner, and shall contain
sufficient detail, to permit the employer to respond to the
allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the
Secretary determines that such compliance would interfere
with an effort by the Secretary to investigate or secure
compliance by the employer with the requirements of this
subsection. A determination by the Secretary under this
clause shall not be subject to judicial review.''.
(H) in clause (vi), as redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of Labor,
after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under
this subsection, the Secretary shall provide interested
parties with notice of such determination and an opportunity
for a hearing in accordance with section 556 of title 5,
United States Code, not later than 120 days after the date of
such determination.''; and
(I) by adding at the end the following:
``(vii) If the Secretary of Labor, after a hearing, finds a
reasonable basis to believe that the employer has violated
the requirements under this subsection, the Secretary may
impose a penalty under subparagraph (C).''; and
(4) by striking subparagraph (H).
(c) Information Sharing Between Department of Labor and
Department of Homeland Security.--Section 212(n)(2) of such
Act, as amended by this section, is further amended by
inserting after subparagraph (G) the following:
``(H) The Director of United States Citizenship and
Immigration Services shall provide the Secretary of Labor
with any information contained in the materials submitted by
H-1B employers as part of the adjudication process that
indicates that the employer is not complying with H-1B visa
program requirements. The Secretary may initiate and conduct
an investigation and hearing under this paragraph after
receiving information of noncompliance under this
subparagraph.''.
(d) Audits.--Section 212(n)(2)(A) of such Act, as amended
by this section, is further amended by adding at the end the
following: ``The Secretary may conduct surveys of the degree
to which employers comply with the requirements under this
subsection and may conduct annual compliance audits of
employers that employ H-1B nonimmigrants. The Secretary shall
conduct annual compliance audits of not less than 1 percent
of the employers that employ H-1B nonimmigrants during the
applicable calendar year.''
(e) Penalties.--Section 212(n)(2)(C) of such Act, as
amended by this section, is further amended--
(1) in clause (i)(I), by striking ``$1,000'' and inserting
``$2,000'';
(2) in clause (ii)(I), by striking ``$5,000'' and inserting
``$10,000''; and
(3) in clause (vi)(III), by striking ``$1,000'' and
inserting ``$2,000''.
(f) Information Provided to H-1B Nonimmigrants Upon Visa
Issuance.--Section 212(n) of such Act, as amended by this
section, is further amended by inserting after paragraph (2)
the following:
``(3)(A) Upon issuing an H-1B visa to an applicant outside
the United States, the issuing office shall provide the
applicant with--
``(i) a brochure outlining the employer`s obligations and
the employee's rights under Federal law, including labor and
wage protections; and
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer obligations and workers' rights.
``(B) Upon the issuance of an H-1B visa to an alien inside
the United States, the officer of the Department of Homeland
Security shall provide the applicant with--
``(i) a brochure outlining the employer's obligations and
the employee's rights under Federal law, including labor and
wage protections; and
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer's obligations and workers' rights.''.

SEC. 422. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

(a) In General.--Section 214(c)(2) of the Immigration and
Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) in subparagraph (E), by striking ``In the case of an
alien spouse admitted under section 101(a)(15)(L), who'' and
inserting ``Except as provided in subparagraph (H), if an
alien spouse admitted under section 101(a)(15)(L)''; and
(3) by adding at the end the following:
``(G)(i) If the beneficiary of a petition under this
subsection is coming to the United States to open, or be
employed in, a

[[Page S7265]]

new facility, the petition may be approved for up to 12
months only if the employer operating the new facility has--
``(I) a business plan;
``(II) sufficient physical premises to carry out the
proposed business activities; and
``(III) the financial ability to commence doing business
immediately upon the approval of the petition.
``(ii) An extension of the approval period under clause (i)
may not be granted until the importing employer submits an
application to the Secretary of Homeland Security that
contains--
``(I) evidence that the importing employer meets the
requirements of this subsection;
``(II) evidence that the beneficiary meets the requirements
under section 101(a)(15)(L);
``(III) a statement summarizing the original petition;
``(IV) evidence that the importing employer has fully
complied with the business plan submitted under clause
(i)(I);
``(V) evidence of the truthfulness of any representations
made in connection with the filing of the original petition;
``(VI) evidence that the importing employer, during the
preceding 12 months, has been doing business at the new
facility through regular, systematic, and continuous
provision of goods or services, or has otherwise been taking
commercially reasonable steps to establish the new facility
as a commercial enterprise;
``(VII) a statement of the duties the beneficiary has
performed at the new facility during the preceding 12 months
and the duties the beneficiary will perform at the new
facility during the extension period approved under this
clause;
``(VIII) a statement describing the staffing at the new
facility, including the number of employees and the types of
positions held by such employees;
``(IX) evidence of wages paid to employees;
``(X) evidence of the financial status of the new facility;
and
``(XI) any other evidence or data prescribed by the
Secretary.
``(iii) Notwithstanding subclauses (I) through (VI) of
clause (ii), and subject to the maximum period of authorized
admission set forth in subparagraph (D), the Secretary of
Homeland Security may approve a petition subsequently filed
on behalf of the beneficiary to continue employment at the
facility described in this subsection for a period beyond the
initially granted 12-month period if the importing employer
demonstrates that the failure to satisfy any of the
requirements described in those subclauses was directly
caused by extraordinary circumstances beyond the control of
the importing employer.
``(iv) For purposes of determining the eligibility of an
alien for classification under section 101(a)(15)(L), the
Secretary of Homeland Security shall work cooperatively with
the Secretary of State to verify a company or facility's
existence in the United States and abroad.''.
(b) Investigations and Audits by Department of Homeland
Security.--
(1) Department of homeland security investigations.--
Section 214(c)(2) of such Act, as amended by this section, is
further amended by adding at the end the following:
``(I)(i) The Secretary of Homeland Security may initiate an
investigation of any employer that employs nonimmigrants
described in section 101(a)(15)(L) with regard to the
employer's compliance with the requirements of this
subsection.
``(ii) If the Secretary of Homeland Security receives
specific credible information from a source who is likely to
have knowledge of an employer's practices, employment
conditions, or compliance with the requirements under this
subsection, the Secretary may conduct an investigation into
the employer's compliance with the requirements of this
subsection. The Secretary may withhold the identity of the
source from the employer, and the source's identity shall not
be subject to disclosure under section 552 of title 5.
``(iii) The Secretary of Homeland Security shall establish
a procedure for any person desiring to provide to the
Secretary of Homeland Security information described in
clause (ii) that may be used, in whole or in part, as the
basis for the commencement of an investigation described in
such clause, to provide the information in writing on a form
developed and provided by the Secretary of Homeland Security
and completed by or on behalf of the person.
``(iv) No investigation described in clause (ii) (or
hearing described in clause (vi) based on such investigation)
may be conducted with respect to information about a failure
to comply with the requirements under this subsection, unless
the Secretary of Homeland Security receives the information
not later than 24 months after the date of the alleged
failure.
``(v) Before commencing an investigation of an employer
under clause (i) or (ii), the Secretary of Homeland Security
shall provide notice to the employer of the intent to conduct
such investigation. The notice shall be provided in such a
manner, and shall contain sufficient detail, to permit the
employer to respond to the allegations before an
investigation is commenced. The Secretary is not required to
comply with this clause if the Secretary determines that to
do so would interfere with an effort by the Secretary to
investigate or secure compliance by the employer with the
requirements of this subsection. There shall be no judicial
review of a determination by the Secretary under this clause.
``(vi) If the Secretary of Homeland Security, after an
investigation under clause (i) or (ii), determines that a
reasonable basis exists to make a finding that the employer
has failed to comply with the requirements under this
subsection, the Secretary shall provide interested parties
with notice of such determination and an opportunity for a
hearing in accordance with section 556 of title 5, United
States Code, not later than 120 days after the date of such
determination. If such a hearing is requested, the Secretary
shall make a finding concerning the matter by not later than
120 days after the date of the hearing.
``(vii) If the Secretary of Homeland Security, after a
hearing, finds a reasonable basis to believe that the
employer has violated the requirements under this subsection,
the Secretary may impose a penalty under section
214(c)(2)(J).''.
(2) Audits.--Section 214(c)(2)(I) of such Act, as added by
paragraph (1), is amended by adding at the end the following:
``(viii) The Secretary of Homeland Security may conduct
surveys of the degree to which employers comply with the
requirements under this section and may conduct annual
compliance audits of employers that employ H-1B
nonimmigrants. The Secretary shall conduct annual compliance
audits of not less than 1 percent of the employers that
employ nonimmigrants described in section 101(a)(15)(L)
during the applicable calendar year.''.
(3) Reporting requirement.--Section 214(c)(8) of such Act
is amended by inserting ``(L),'' after ``(H),''.
(c) Penalties.--Section 214(c)(2) of such Act, as amended
by this section, is further amended by adding at the end the
following:
``(J)(i) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a failure by an
employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $2,000 per violation) as
the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 1 year, approve a petition for that
employer to employ 1 or more aliens as such nonimmigrants.
``(ii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (F), (G),
(H), (I), or (K) or a misrepresentation of material fact in a
petition to employ 1 or more aliens as nonimmigrants
described in section 101(a)(15)(L)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the Secretary of Homeland Security may not, during a
period of at least 2 years, approve a petition filed for that
employer to employ 1 or more aliens as such nonimmigrants.
``(iii) If the Secretary of Homeland Security finds, after
notice and an opportunity for a hearing, a willful failure by
an employer to meet a condition under subparagraph (L)(i)--
``(I) the Secretary of Homeland Security may impose such
other administrative remedies (including civil monetary
penalties in an amount not to exceed $10,000 per violation)
as the Secretary determines to be appropriate; and
``(II) the employer shall be liable to employees harmed for
lost wages and benefits.''.
(d) Wage Determination.--
(1) Change in minimum wages.--Paragraph (2) of section
214(c) of such Act, as amended by this section, is further
amended by adding at the end the following:
``(K)(i) An employer that employs a nonimmigrant described
in section 101(a)(15)(L) shall--
``(I) offer such nonimmigrant, during the period of
authorized employment, wages, based on the best information
available at the time the application is filed, which are not
less than the highest of--

``(aa) the locally determined prevailing wage level for the
occupational classification in the area of employment;
``(bb) the median average wage for all workers in the
occupational classification in the area of employment; or
``(cc) the median wage for skill level 2 in the
occupational classification found in the most recent
Occupational Employment Statistics survey; and

``(II) provide working conditions for such nonimmigrant
that will not adversely affect the working conditions of
workers similarly employed.
``(ii) If an employer, in such previous period specified by
the Secretary of Homeland Security, employed 1 or more L-1
nonimmigrants, the employer shall provide to the Secretary of
Homeland Security the Internal Revenue Service Form W-2 Wage
and Tax Statement filed by the employer with respect to such
nonimmigrants for such period.
``(iii) It is a failure to meet a condition under this
subparagraph for an employer, who has filed a petition to
import 1 or more aliens as nonimmigrants described in section
101(a)(15)(L), to--

[[Page S7266]]

``(I) require such a nonimmigrant to pay a penalty for
ceasing employment with the employer before a date mutually
agreed to by the nonimmigrant and the employer; or
``(II) fail to offer to such a nonimmigrant, during the
nonimmigrant's period of authorized employment, on the same
basis, and in accordance with the same criteria, as the
employer offers to United States workers, benefits and
eligibility for benefits, including--

``(aa) the opportunity to participate in health, life,
disability, and other insurance plans;
``(bb) the opportunity to participate in retirement and
savings plans; and
``(cc) cash bonuses and noncash compensation, such as stock
options (whether or not based on performance).

``(iv) The Secretary of Homeland Security shall determine
whether a required payment under clause (iii)(I) is a penalty
(and not liquidated damages) pursuant to relevant State
law.''.
(2) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.
(e) Prohibition on Outplacement.--
(1) In general.--Paragraph (2) of section 214(c) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(L)(i) An employer who imports an alien as a nonimmigrant
described in section 101(a)(15)(L) shall not place,
outsource, lease, or otherwise contract for the placement of
the alien with another employer unless the employer of the
alien has received a waiver under clause (ii).
``(ii) The Secretary of Homeland Security shall promulgate
rules, after notice and a period for comment, for an employer
to apply for a waiver of the prohibition set out in clause
(i). The decision whether to grant or deny such a waiver
under this subparagraph shall be in the sole and unreviewable
discretion of the Secretary. In order to receive such a
waiver, the burden shall be on the employer seeking the
waiver to establish that--
``(I) the placement is for legitimate business purposes and
not to evade the requirements of this subsection;
``(II) the employer with whom the nonimmigrant would be
placed has not displaced and does not intend to displace a
United States worker employed by the employer within the
period beginning 180 days before and ending 180 days after
the date of the placement of the nonimmigrant with the
employer;
``(III) the nonimmigrant will not be controlled and
supervised principally by the employer with whom the
nonimmigrant would be placed; and
``(IV) the placement of the nonimmigrant is not essentially
an arrangement to provide labor for hire for the employer
with whom the nonimmigrant will be placed, rather than a
placement in connection with the provision or a product or
service for which specialized knowledge specific to the
petitioning employer is necessary.''.
(2) Application.--The amendment made by paragraph (1) shall
apply to an application filed on or after the date the rules
required section 212(c)(2)(L)(ii) of such Act, as added by
paragraph (1) of this subsection, are issued.
______

SA 1472. Ms. CANTWELL 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 238, beginning with line 13, strike all through
page 239, line 38, and insert the following:
(c) Granting Dual Intent to Certain Nonimmigrant
Students.--Section 214(h) (8 U.S.C. 1184(h)) is amended--
(1) by striking ``(H)(i)(b) or (c),'' and inserting
``(F)(iv), (H)(i)(b), (H)(i)(c),''; and
(2) by striking ``if the alien had obtained a change of
status'' and inserting ``if the alien had been admitted as,
provided status as, or obtained a change of status''.

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

(a) H-1B Amendments.--Section 214(g) (8 U.S.C. 1184(g)) is
amended--
(1) in paragraph (1)(A), by striking clauses (i) through
(vii) and inserting the following:
``(i) 115,000 in fiscal year 2008;
``(ii) in any subsequent fiscal year, subject to clause
(iii), the number for the previous fiscal year as adjusted in
accordance with the method set forth in paragraph (2); and
``(iii) 180,000 for any fiscal year;''.
(2) in paragraph (9), as redesignated by section 409--
(A) in subparagraph (B)--
(i) in clause (ii), by striking ``The annual numerical
limitations described in clause (i) shall not exceed'' and
inserting ``Without respect to the annual numerical
limitations described in clause (i), the Secretary may issue
a visa or otherwise grant nonimmigrant status pursuant to
section 1101(a)(15)(H)(i)(b) in the following quantities:'';
and
(ii) by striking clause (iv); and
(B) by striking subparagraph (D).
(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 to read as follows:
``(6) The numerical limitations contained in paragraph
(1)(A) shall not apply to any nonimmigrant alien issued a
visa or otherwise provided status under section
101(a)(15)(H)(i)(b) who--
``(A) until the number of aliens who are exempted from such
numerical limitation under this subparagraph during a year
exceeds 30,000--
``(i) is employed (or has received an offer of employment)
at an institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a))), or a related or affiliated nonprofit entity; or
``(ii) is employed (or has received an offer of employment)
at a nonprofit research organization or a governmental
research organization;
``(B) has earned a master's or higher degree from a United
States institution of higher education (as defined in section
101(a) of the Higher Education Act of 1965 (20 U.S.C.
1001(a)), until the number of aliens who are exempted from
such numerical limitation under this subparagraph during a
year exceeds 40,000; or
``(C) 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, until the
number of aliens who are exempted from such numerical
limitation under this subparagraph during a year exceeds
20,000.''.
(2) Applicability.--The amendment 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 1473. Mr. COLEMAN (for himself and Mr. Domenici) 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, add the following new subsection:
(e) Information Sharing Between Federal and Local Law
Enforcement Officers.--
(1) Requirement for information sharing.--No person or
agency may prohibit a Federal, State, or local government
entity from acquiring information regarding the immigration
status of any individual if the entity seeking such
information has probable cause to believe that the individual
is not lawfully present in the United States. Such probable
cause includes the individual's failure to possess an
identification document issued by the United States or a
State.
(2) Requirement prior to implementation.--Subject to
subsection (a), with the exception of the probationary
benefits conferred by section 601(h) of this Act, the
provisions of subtitle C of title IV, and the admission of
aliens under section 101(a)(15)(H)(ii) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)), as amended by
title IV, the programs established by title IV, and the
programs established by title VI that grant legal status to
any individual or that adjust the current status of any
individual who is unlawfully present in the United States to
that of an alien lawfully admitted for permanent residence,
may not become effective until the date that the Secretary
submits a written certification to the President and Congress
that the requirement set out in paragraph (1) is being
carried out.
(3) Rule of construction.--Nothing in paragraph (1) may be
construed--
(A) to limit the acquisition of information as otherwise
provided by law; or
(B) to require a person to disclose information regarding
an individual's immigration status prior to the provision of
emergency medical assistance.

______

SA 1474. Mr. REID 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:

Insert before section 426 the following:

SEC. 425A. BLANKET PETITIONS TO SPONSOR INTERNATIONAL
ATHLETES AND PERFORMERS.

Section 214(c)(4) of the Immigration and Nationality Act (8
U.S.C. 1184(c)(4)) is amended by adding at the end the
following:
``(F)(i) The Secretary of Homeland Security shall provide
for a procedure under which a petitioner for aliens described
in section 101(a)(15)(P) may file a blanket petition to
import such aliens (including their essential support
personnel) as nonimmigrants described in such section instead
of filing individual petitions under paragraph (1) to import
such aliens. Such procedure shall permit the expedited
processing of visas for admission of aliens covered under
such a petition.
``(ii) A petitioner may file such a blanket petition
seeking continuing approval to import the aliens as described
in clause (i), for itself and some or all of its parent
organizations, branches, subsidiaries, and affiliates
(collectively referred to in this subparagraph as `qualifying
organizations'), if--
``(I) the petitioner has an office in the United States
where the petitioner has been doing business for not less
than 1 year; and
``(II) the petitioner and the petitioner's qualifying
organizations--

[[Page S7267]]

``(aa) have obtained approval of petitions under paragraph
(1) for at least 10 aliens described in section 101(a)(15)(P)
during the previous 12 months;
``(bb) have worldwide combined annual sales of at least
$5,000,000; or
``(cc) have a United States workforce of at least 500
employees.
``(iii) A petitioner that meets the requirements of clause
(ii) may request a blanket advisory opinion from a labor
organization described in paragraph (6)(A)(iii).
``(iv) Notwithstanding paragraph (1), the question of
importing any alien under a petition described in this
subparagraph shall be determined by the Secretary of Homeland
Security.
``(v) United States consular officers shall have authority
to determine eligibility of individual aliens outside the
United States seeking admission under blanket petitions filed
under this subparagraph for aliens described in section
101(a)(15)(P), except for visa-exempt nonimmigrants. Visa-
exempt nonimmigrants may seek a determination of such
eligibility from an authorized Department of Homeland
Security officer at a United States port of entry.
``(G) A petition approved under subparagraph (F) for an
alien described in section 101(a)(15)(P) shall be valid for
an initial period of time determined by the Secretary of
Homeland Security, which shall not exceed 2 years.''.

______

SA 1475. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 1409 submitted by Mr. Schumer (for himself and Mrs.
Hutchison) and intended to be proposed 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 6, after line 12 of the amendment, insert the
following:
(d) Fee for Recapture of Unused Employment-Based Immigrant
Visas.--Section 106(d) of the American Competitiveness in the
Twenty-first Century Act of 2000 (Public Law 106-313; 8
U.S.C. 1153 note), as amended by subsection (c)(1), is
further amended by adding at the end the following:
``(5) Fee for recapture of unused employment-based
immigrant visas.--
``(A) In general.--The Secretary of Homeland Security shall
impose a fee upon each petitioning employer who uses a visa
recaptured from fiscal years 1996 and 1997 under this
subsection to provide employment for an alien as a
professional nurse, provided that--
``(i) such fee shall be in the amount of $1,500 for each
such alien nurse (but not for dependents accompanying or
following to join who are not professional nurses); and
``(ii) no fee shall be imposed for the use of such visas if
the employer demonstrates to the Secretary that--

``(I) the employer is a health care facility that is
located in a county or parish that received individual and
public assistance pursuant to Major Disaster Declaration
number 1603 or 1607; or
``(II) the employer is a health care facility that has been
designated as a Health Professional Shortage Area facility by
the Secretary of Health and Human Services as defined in
section 332 of the Public Health Service Act (42 U.S.C.
254e).

``(B) Fee collection.--A fee imposed by the Secretary of
Homeland Security pursuant to this paragraph shall be
collected by the Secretary as a condition of approval of an
application for adjustment of status by the beneficiary of a
petition or by the Secretary of State as a condition of
issuance of a visa to such beneficiary.''.
(e) Domestic Nursing Enhancement Account.--Section 286 of
the Immigration and Nationality Act (8 U.S.C. 1356) is
amended by adding at the end the following:
``(w) Domestic Nursing Enhancement Account.--
``(1) Establishment.--There is established in the general
fund of the Treasury a separate account which shall be known
as the `Domestic Nursing Enhancement Account.'
Notwithstanding any other provision of law, there shall be
deposited as offsetting receipts into the account all fees
collected under section 106(d)(5) of the American
Competitiveness in the Twenty-first Century Act of 2000
(Public Law 106-313; 8 U.S.C. 1153 note). Nothing in this
subsection shall prohibit the depositing of other moneys into
the account established under this section.
``(2) Use of funds.--Amounts collected under section
106(d)(5) of the American Competitiveness in the Twenty-first
Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note),
and deposited into the account established under paragraph
(1) shall be used by the Secretary of Health and Human
Services to carry out section 832 of the Public Health
Service Act. Such amounts shall be available for obligation
only to the extent, and in the amount, provided in advance in
appropriations Acts. Such amounts are authorized to remain
available until expended.''.
(f) Capitation Grants to Increase the Number of Nursing
Faculty and Students.--Part D of title VIII of the Public
Health Service Act (42 U.S.C. 296p et seq.) is amended by
adding at the end the following:

``SEC. 832. CAPITATION GRANTS.

``(a) In General.--For the purpose described in subsection
(b), the Secretary, acting through the Health Resources and
Services Administration, shall award a grant each fiscal year
in an amount determined in accordance with subsection (c) to
each eligible school of nursing that submits an application
in accordance with this section.
``(b) Purpose.--A funding agreement for a grant under this
section is that the eligible school of nursing involved will
expend the grant to increase the number of nursing faculty
and students at the school, including by hiring new faculty,
retaining current faculty, purchasing educational equipment
and audiovisual laboratories, enhancing clinical
laboratories, repairing and expanding infrastructure, or
recruiting students.
``(c) Grant Computation.--
``(1) Amount per student.--Subject to paragraph (2), the
amount of a grant to an eligible school of nursing under this
section for a fiscal year shall be the total of the
following:
``(A) $1,800 for each full-time or part-time student who is
enrolled at the school in a graduate program in nursing
that--
``(i) leads to a masters degree, a doctoral degree, or an
equivalent degree; and
``(ii) prepares individuals to serve as faculty through
additional course work in education and ensuring competency
in an advanced practice area.
``(B) $1,405 for each full-time or part-time student who--
``(i) is enrolled at the school in a program in nursing
leading to a bachelor of science degree, a bachelor of
nursing degree, a graduate degree in nursing if such program
does not meet the requirements of subparagraph (A), or an
equivalent degree; and
``(ii) has not more than 3 years of academic credits
remaining in the program.
``(C) $966 for each full-time or part-time student who is
enrolled at the school in a program in nursing leading to an
associate degree in nursing or an equivalent degree.
``(2) Limitation.--In calculating the amount of a grant to
a school under paragraph (1), the Secretary may not make a
payment with respect to a particular student--
``(A) for more than 2 fiscal years in the case of a student
described in paragraph (1)(A) who is enrolled in a graduate
program in nursing leading to a master's degree or an
equivalent degree;
``(B) for more than 4 fiscal years in the case of a student
described in paragraph (1)(A) who is enrolled in a graduate
program in nursing leading to a doctoral degree or an
equivalent degree;
``(C) for more than 3 fiscal years in the case of a student
described in paragraph (1)(B); or
``(D) for more than 2 fiscal years in the case of a student
described in paragraph (1)(C).
``(d) Eligibility.--In this section, the term `eligible
school of nursing' means a school of nursing that--
``(1) is accredited by a nursing accrediting agency
recognized by the Secretary of Education;
``(2) has a passage rate on the National Council Licensure
Examination for Registered Nurses of not less than 80 percent
for each of the 3 academic years preceding submission of the
grant application; and
``(3) has a graduation rate (based on the number of
students in a class who graduate relative to, for a
baccalaureate program, the number of students who were
enrolled in the class at the beginning of junior year or, for
an associate degree program, the number of students who were
enrolled in the class at the end of the first year) of not
less than 80 percent for each of the 3 academic years
preceding submission of the grant application.
``(e) Requirements.--The Secretary may award a grant under
this section to an eligible school of nursing only if the
school gives assurances satisfactory to the Secretary that,
for each academic year for which the grant is awarded, the
school will comply with the following:
``(1) The school will maintain a passage rate on the
National Council Licensure Examination for Registered Nurses
of not less than 80 percent.
``(2) The school will maintain a graduation rate (as
described in subsection (d)(3)) of not less than 80 percent.
``(3)(A) Subject to subparagraphs (B) and (C), the first-
year enrollment of full-time nursing students in the school
will exceed such enrollment for the preceding academic year
by 5 percent or 5 students, whichever is greater.
``(B) Subparagraph (A) shall not apply to the first
academic year for which a school receives a grant under this
section.
``(C) With respect to any academic year, the Secretary may
waive application of subparagraph (A) if--
``(i) the physical facilities at the school involved limit
the school from enrolling additional students; or
``(ii) the school has increased enrollment in the school
(as described in subparagraph (A)) for each of the 2
preceding academic years.
``(4) Not later than 1 year after receiving a grant under
this section, the school will formulate and implement a plan
to accomplish at least 2 of the following:
``(A) Establishing or significantly expanding an
accelerated baccalaureate degree nursing program designed to
graduate new nurses in 12 to 18 months.
``(B) Establishing cooperative intradisciplinary education
among schools of nursing with a view toward shared use of
technological resources, including information technology.

[[Page S7268]]

``(C) Establishing cooperative interdisciplinary training
between schools of nursing and schools of allied health,
medicine, dentistry, osteopathy, optometry, podiatry,
pharmacy, public health, or veterinary medicine, including
training for the use of the interdisciplinary team approach
to the delivery of health services.
``(D) Integrating core competencies on evidence-based
practice, quality improvements, and patient-centered care.
``(E) Increasing admissions, enrollment, and retention of
qualified individuals who are financially disadvantaged.
``(F) Increasing enrollment of minority and diverse student
populations.
``(G) Increasing enrollment of new graduate baccalaureate
nursing students in graduate programs that educate nurse
faculty members.
``(H) Developing post-baccalaureate residency programs to
prepare nurses for practice in specialty areas where nursing
shortages are most severe.
``(I) Increasing integration of geriatric content into the
core curriculum.
``(J) Partnering with economically disadvantaged
communities to provide nursing education.
``(K) Expanding the ability of nurse managed health centers
to provide clinical education training sites to nursing
students.
``(5) The school will submit an annual report to the
Secretary that includes updated information on the school
with respect to student enrollment, student retention,
graduation rates, passage rates on the National Council
Licensure Examination for Registered Nurses, the number of
graduates employed as nursing faculty or nursing care
providers within 12 months of graduation, and the number of
students who are accepted into graduate programs for further
nursing education.
``(6) The school will allow the Secretary to make on-site
inspections, and will comply with the Secretary's requests
for information, to determine the extent to which the school
is complying with the requirements of this section.
``(f) Reports to Congress.--The Secretary shall evaluate
the results of grants under this section and submit to
Congress--
``(1) not later than 18 months after the date of the
enactment of this section, an interim report on such results;
and
``(2) not later than September 30, 2010, a final report on
such results.
``(g) Application.--An eligible school of nursing seeking a
grant under this section shall submit an application to the
Secretary at such time, in such manner, and containing such
information and assurances as the Secretary may require.
``(h) Authorization of Appropriations.--In addition to the
amounts in the Domestic Nursing Enhancement Account,
established under section 286(w) of the Immigration and
Nationality Act, there are authorized to be appropriated such
sums as may be necessary to carry out this section.''.
(g) Global Health Care Cooperation.--
(1) 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).''.
(2) Rulemaking.--
(A) 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.
(B) Content.--The regulations promulgated pursuant to
subparagraph (A) shall--
(i) permit an eligible alien (as defined in section 317A of
the Immigration and Nationality Act, as added by paragraph
(1)) 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;
(ii) 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
(iii) 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.
(3) Technical and conforming amendments.--
(A) 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,''.
(B) 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),''.
(C) 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,''.
(D) 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)''.
(E) 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''.

(4) Authorization of appropriations.--There are authorized
to be appropriated to United States Citizenship and
Immigration Services such sums as may be necessary to carry
out this subsection and the amendments made by this
subsection.
(h) 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)) is
amended by adding at the end the following:
``(E) 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,

[[Page S7269]]

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 (E) 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 (E), regardless of whether regulations to
implement such subparagraph have been promulgated.

____________________