S.Amdt. 1497

TEXT OF AMENDMENTS

SA 1476. Mr. CONRAD submitted an amendment intended to be proposed to
amendment SA 1251 submitted by Mr. Conrad 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:
In lieu of the matter proposed to be inserted, insert the
following:

SEC. __. PEACE GARDEN PASS.

(a) Authorization.--
(1) In general.--The Secretary, in consultation with the
Director of the Bureau of Citizenship and Immigration
Services, shall develop a travel document (referred to in
this section as the ``Peace Garden Pass'') to allow citizens
of the United States described in subsection (b) to travel to
the International Peace Garden on the borders of the State of
North Dakota and Manitoba, Canada (and to be readmitted into
the United States).
(2) Maintaining border security.--The Secretary shall take
any appropriate measures to ensure that the Peace Garden Pass
does not weaken border security or otherwise pose a threat to
national security, including--
(A) including biographic data on the Peace Garden Pass; and
(B) using databases to verify the identity and other
relevant information of holders of the Peace Garden Pass upon
re-entry into the United States.
(b) Admittance.--The Peace Garden Pass shall be issued for
the sole purpose of traveling to the International Peace
Garden from the United States and returning from the
International Peace Garden to the United States without
having been granted entry into Canada.
(c) Characteristics of the Peace Garden Pass.--The Peace
Garden Pass shall be--
(1) machine-readable;
(2) tamper-proof; and
(3) not valid for certification of citizenship for any
other purpose other than admission into the United States
from the Peace Garden
(d) Identification.--The Secretary shall--
(1) determine what form of identification (other than a
passport or passport card) will be required to be presented
by individuals applying for the Peace Garden Pass; and
(2) ensure that cards are only issued to--
(A) individuals providing the identification required under
paragraph (1); or
(B) individuals under 18 years of age who are accompanied
by an individual described in subparagraph (A).
(e) Limitation.--The Peace Garden Pass shall not grant
entry into Canada.
(f) Duration.--Each Peace Garden Pass shall be valid for a
period not to exceed 14 days. The actual period of validity
shall be determined by the issuer depending on the individual
circumstances of the applicant and shall be clearly indicated
on the pass.
(g) Cost.--The Secretary may not charge a fee for the
issuance of a Peace Garden Pass.

______

SA 1477. Mr. HATCH submitted an amendment intended to be proposed to
amendment SA 1438 submitted by Mr. Sessions 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 1, after the last line, insert the following:
(_) Social Security Cards.--
(1) Inclusion of biometric data.--Notwithstanding section
305(a)(2) of this Act, section 205(c)(2)(G) of the Social
Security Act (42 U.S.C. 405(c)(2)(G)) is amended to read as
follows:
``(G) The Commissioner of Social Security shall issue a
social security card to each individual at the time of the
issuance of a social security account number to such
individual. Beginning not later than 2 years after the date
of the enactment of the Secure Borders, Economic Opportunity,
and Immigration Reform Act of 2007, all social security cards
issued under this subparagraph shall be fraud-resistant,
tamper-resistant, and wear-resistant, and shall include
biometric data.''.
(2) Biometrics feasibility report.--Notwithstanding the
second paragraph (3) in section 305(a), the Commissioner of
Social Security is not required to submit to Congress a
report on the utility, costs, and feasibility of including a
photograph and other biometric information on the social
security card.
(3) Reissuance of social security cards.--Not later than 3
years after the date of the enactment of this Act, the
Commissioner of Social Security replace any social security
cards that do not meet the standards described in section
205(c)(2)(G) of the Social Security Act, as amended by
paragraph (1) of this subsection, with social security cards
that meet such standards.
(4) Employee verification.--Beginning on the date that is 3
years after the date of the enactment of this Act, a social
security card may not be used for employee verification
purposes unless such card meets the standards described in
section 205(c)(2)(G) of the Social Security Act, as amended
by paragraph (1) of this subsection.
(5) Social security cards for nonimmigrants.--Social
security cards issued to an individual who is not a citizen
or legal permanent resident of the United States shall
prominently display an expiration date, which shall be the
date on which the work eligibility of such individual
expires.

______

SA 1478. Mr. LIEBERMAN submitted an amendment intended to be proposed
to amendment SA 1332 submitted by Mr. Sanders (for himself and Mr.
Grassley) 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 2, after line 17, add the following:
(d) Exception.--Subsections (a) and (b) shall not apply if
the employer attests, under penalty of perjury, that the mass
layoff did not result in the employment loss (as defined in
section 2(a)(6) of the Worker Adjustment and Retraining
Notification Act (29 U.S.C. 2101(a)(6))) of any United States
worker at the same location and from the specific position
that is to be filled by the nonimmigrant who is the subject
of the visa petition.

______

SA 1479. Mr. BINGAMAN submitted an amendment intended to be proposed
to amendment SA 1268 submitted by Mr. Bingaman 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:

In lieu of the matter proposed to be inserted, insert the
following:
``(D) under section 101(a)(15)(Y)(ii), may not exceed--
``(i) 100,000 for the first fiscal year in which the
program is implemented;
``(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) 300,000 for any fiscal year.'';
(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) and (D)(ii)
of paragraph (1)--
``(A) 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;
``(B) 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; and
``(C) with the exception of the first subsequent fiscal
year to the fiscal year in which

[[Page S7392]]

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.'';
(4) in paragraph (10), as redesignated by paragraph (2) of
this section, by amending subparagraph (A) to read as
follows:
``(A) Subject to subparagraphs (B) and (C), an alien who
has been already been counted toward the numerical
limitations under paragraph (1)(D) during any 1 of the 3
fiscal years immediately preceding the fiscal year of the
approved start date of a petition for a nonimmigrant worker
described in section 101(a)(15)(H)(ii)(b) shall not be
counted toward the limitations under clauses (i) and (ii) of
paragraph (1)(D) for the fiscal year in which the petition is
approved. Such alien shall be considered a returning
worker.''; and
(5) in paragraph (11), as redesignated by paragraph (2) of
this section--
(A) by inserting ``(A)'' after ``(11)''; and
(B) by adding at the end the following:
``(B) The numerical limitations under paragraph (1)(D)
shall be allocated for each fiscal year to ensure that the
total number of aliens subject to such numerical limits who
enter the United States pursuant to a visa or are accorded
nonimmigrant status under section 101(a)(15)(Y)(ii) during
the first 6 months of such fiscal year is not greater than 50
percent of the total number of such visas available for that
fiscal year.''.

SEC. 410. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

(a) In General.--The Secretary of State, in cooperation
with the Secretary and the Attorney General, may, as a
condition of authorizing the grant of nonimmigrant visas for
Y nonimmigrants who are citizens or nationals of any foreign
country, negotiate with each such country to enter into a
bilateral agreement with the United States that conforms to
the requirements under subsection (b).
(b) Requirements of Bilateral Agreements.--It is the sense
of Congress that each agreement negotiated under subsection
(a) shall require the participating home country to--

______

SA 1480. 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:

Strike section 607 and insert the following:

SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO
ENUMERATION OR FOR ANY PERIOD WITHOUT WORK
AUTHORIZATION.

(a) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by adding at the end, the
following new subsections:
``(d)(1) Except as provided in paragraph (2)--
``(A) no quarter of coverage shall be credited for purposes
of this section if, with respect to any individual who is
assigned a social security account number on or after the
date of enactment of the Secure Borders, Economic Opportunity
and Immigration Reform Act of 2007, such quarter of coverage
is earned prior to the year in which such social security
account number is assigned; and
``(B) no quarter of coverage shall be credited for purposes
of this section for any calendar year, 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
(e) or otherwise, that the individual was authorized to be
employed in the United States during such quarter.
``(2) Paragraph (1) shall not apply with respect to any
quarter of coverage earned by an individual who, at such time
such quarter of coverage is earned, satisfies the criterion
specified in subsection (c)(2).
``(e) Not later than 180 days after the date of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007, 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 limitations on crediting quarters of coverage
under subsection (d).''.
(b) Benefit Computation.--Section 215(e) of such Act (42
U.S.C. 415(e)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) in computing the average indexed monthly earnings of
an individual who is assigned a social security account
number on or after the date of enactment of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007, there shall not be counted any wages or self-employment
income for which no quarter of coverage may be credited to
such individual as a result of the application of section
214(d).''.

______

SA 1481. Mr. BAUCUS submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

On page 224, line 19, strike the period and insert ``,
or''.
On page 224, between lines 19 and 20, insert the following:
``(vi) a document described in paragraph (7).''.
On page 228, between lines 22 and 23, insert the following:
``(7) Document evidencing membership or enrollment in, or
affiliation with, a federally-recognized indian tribe.--
``(A) In general.--For purposes of paragraph (1)(B)(vi), a
document described in this paragraph is a document that the
Secretary recognizes by regulation evidences membership or
enrollment in, or affiliation with, a federally-recgonized
Indian tribe.
``(B) Promulgation of regulations.--Not later than 1 year
after the date of enactment of this subsection, the Secretary
shall promulgate regulations to recognize such documents.
``(C) Rule of construction.--Nothing in this subsection
shall be construed as abrogating or diminishing the rights
and privileges of tribal members under the Jay Treaty, done
at London November 19, 1794.''.

______

SA 1482. Ms. CANTWELL (for herself and Mr. Durbin) 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:

Beginning on page 238, strike line 13, and all that follows
through line 24 on page 250 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 50,000--
``(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.
(c) Provision of w-2 Forms.--Section 214(g)(5) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(5)), as
renumbered by section 405, is amended to read as follows:
``(5) In the case of a nonimmigrant described in section
1101(a)(15)(H)(i)(b) of this title--
``(A) the period of authorized admission as such a
nonimmigrant may not exceed six years; [Provided that, this
provision shall not apply to such a nonimmigrant who has

[[Page S7393]]

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 one-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 six years, any subsequent application for
an extension of stay for such alien must 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 may in his
discretion specify, with respect to such nonimmigrant alien
employee for the period of admission granted to the alien;
and
``(C) notwithstanding section 6103 of title 26, United
States Code, 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 clause (i) 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) Section 214(g)(4) of the Immigration and Nationality
Act (8 U.S.C. 1184(g)(4)) is amended by inserting before the
period: ``; Provided that, this provision 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 one-year increments until such time as a final
decision is made on the alien's lawful permanent
residence.''.
(2) Sections 106(a) and 106(b) of the American
Competitiveness in the Twenty-First Century Act of 2000--
Immigration Services and Infrastructure Improvements Act of
2000, Public Law 106-313, are hereby repealed.

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) of the Immigration and
Nationality Act (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
following: ``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
(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) of such Act, 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) of
such Act, as amended by this section, is further amended--
(1) by inserting after subparagraph (G) the following:
``(H)(i) The employer has not advertised the available jobs
specified in the application in an advertisement that states
or indicates that--
``(I) the job or jobs are only available to persons who are
or who may become H-1B nonimmigrants; or
``(II) persons who are or who may become H-1B nonimmigrants
shall receive priority or a preference in the hiring process.
``(ii) The employer has not only recruited persons who are,
or who may become, H-1B nonimmigrants to fill the job or
jobs.''; and
(2) in the 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) of such Act, as amended by this section, is further
amended by inserting after subparagraph (H), as added by
subsection (d)(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 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

[[Page S7394]]

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 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

[[Page S7395]]

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--
``(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--

[[Page S7396]]

``(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.
On page 260, line 39, strike ``and''.
On page 260, after line 44, insert the following:
(iii) up to 40,000 shall be for aliens who met the
specifications set forth in section 203(b)(1)(as of January
1, 2007); and
(iv) the remaining visas be allocated as follows:

(I) In fiscal year 2008 and 2009, 85,401 shall be for
aliens who are the beneficiaries of a petition filed by an
employer on their behalf under this section.
(II) In fiscal year 2010, 56,934 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
(III) In fiscal year 2011, 28,467 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
(IV) In fiscal year 2012, 14,234 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.

On page 265, between lines 15 and 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.''.
(2)(A) Section 214(g) of the Immigration and Nationality
Act is amended by adding at the end the following new
paragraph:
``(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 or 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.''.
(B) The amendment made by subparagraph (A) shall take
effect on the first day of the fiscal year following the
fiscal year in which the backlog of employment-based
immigrant visa petitions existing as of the effective date
established in section 502(d) of this Act.
On page 266, line 4, insert ``The beneficiary of such a
pending or approved petition, and any dependent accompanying
or following to join such beneficiary, may file an
application for adjustment of status under section 245(a) of
the Immigration and Nationality Act (8 U.S.C. 1255)
regardless of whether an immigrant visa is immediately
available at the time the application is filed. Such
application for adjustment of status shall not be approved
until an immigrant visa becomes available.'' after ``visa.''.
______

SA 1483. 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. __. TREATMENT OF CERTAIN NATIONALS OF IRAQ.

(a) Requirement for Rehearing of Certain Claims Denied on
Basis of Changed Country Conditions.--Section 208(b) of the
Immigration and Nationality Act (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
rehearing before an immigration judge of an application for
asylum or withholding of removal if the alien--
``(A) is a religious minority from Iraq 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) has remained in the United States as of the date of
the enactment of this paragraph.''.
(b) Consideration 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 is a member of a religious minority group in
Iraq; 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 1484. 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, at the time the alien
files the application, a State impact assistance fee of $750
and an additional $100 fee for each dependent accompanying or
following to join the alien.
______

SA 1485. Mr. LEVIN submitted an amendment intended to be proposed to
amendment SA 1342 submitted by Mr. Levin (for himself and Ms. Mikulski)
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 174, line 4, insert ``For seasonal businesses, such
a waiver shall not be necessary if the average unemployment
rate in the county was less than 7 percent for the period in
the preceding year when the Y nonimmigrant would have been
employed.'' after ``section (b).''.
______

SA 1486. Mr. LEVIN (for himself and Mr. Brownback) submitted an
amendment intended to be proposed to amendment SA 1443 submitted by Mr.
Levin 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:

At the appropriate place, insert the following:

SEC. __. TREATMENT OF CERTAIN NATIONALS OF IRAQ.

(a) Requirement for Rehearing of Certain Claims Denied on
Basis of Changed Country Conditions.--Section 208(b) of the
Immigration and Nationality Act (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
rehearing before an immigration judge of an application for
asylum or withholding of removal if the alien--
``(A) is a religious minority from Iraq 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) has remained in the United States as of the date of
the enactment of this paragraph.''.
(b) Consideration 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 he or she is a member of a
religious minority group in Iraq; and
(3) is able to demonstrate that he or she left Iraq before
January 1, 2007, and has resided outside Iraq since that
time.

[[Page S7397]]

______

SA 1487. 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:

Strike sections 606 and 607 and insert the following:

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 PRIOR TO
ENUMERATION OR FOR ANY PERIOD WITHOUT WORK
AUTHORIZATION.

(a) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by adding at the end, the
following new subsections:
``(d)(1) Except as provided in paragraph (2)--
``(A) no quarter of coverage shall be credited for purposes
of this section if, with respect to any individual who is
assigned a social security account number on or after the
date of enactment of the Secure Borders, Economic Opportunity
and Immigration Reform Act of 2007, such quarter of coverage
is earned prior to the year in which such social security
account number is assigned; and
``(B) no quarter of coverage shall be credited for purposes
of this section for any calendar year, 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
(e) or otherwise, that the individual was authorized to be
employed in the United States during such quarter.
``(2) Paragraph (1) shall not apply with respect to any
quarter of coverage earned by an individual who, at such time
such quarter of coverage is earned, satisfies the criterion
specified in subsection (c)(2). ``(e) Not later than 180 days
after the date of the Secure Borders, Economic Opportunity
and Immigration Reform Act of 2007, the Secretary of Homeland
Security shall enter into an agreement with the Commission of
Social Security to provide such information as the
Commissioner determines necessary to carry out the
limitations on crediting quarters of coverage under
subsection (d), however, this provision shall not be
construed to establish an effective date for purposes of this
section.''
(b) Benefit Computation.--Section 215(e) of such Act (42
U.S.C. 415(e)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) in computing the average indexed monthly earnings of
an individual who is assigned a social security account
number on or after the date of enactment of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007, there shall not be counted any wages or self-employment
income for which no quarter of coverage may be credited to
such individual as a result of the application of section
214(d).''.
(c) Effective Date.--The amendments made by this section
shall be effective as of the date of enactment of this Act.
______

SA 1488. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 1348, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:

At the appropriate place insert the following:

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

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

SA 1489. 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 paragraphs (1) and (2).
______

SA 1490. 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:

Strike sections 606 and 607 and insert the following:

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.
The effective date of this section shall be one day after
the date of enactment.

SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO
ENUMERATION OR FOR ANY PERIOD WITHOUT WORK
AUTHORIZATION.

(a) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by adding at the end, the
following new subsections:
``(d)(1) Except as provided in paragraph (2)--
``(A) no quarter of coverage shall be credited for purposes
of this section if, with respect to any individual who is
assigned a social security account number on or after the
date of enactment of the Secure Borders, Economic Opportunity
and Immigration Reform Act of 2007, such quarter of coverage
is earned prior to the year in which such social security
account number is assigned; and
``(B) no quarter of coverage shall be credited for purposes
of this section for any calendar year, 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
(e) or otherwise, that the individual was authorized to be
employed in the United States during such quarter.
``(2) Paragraph (1) shall not apply with respect to any
quarter of coverage earned by an individual who, at such time
such quarter of coverage is earned, satisfies the criterion
specified in subsection (c)(2).
``(e) Not later than 180 days after the date of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007, the Secretary of Homeland Security shall enter into an
agreement with the Commission of Social Security to provide
such information as the Commissioner determines necessary to
carry out the limitations on crediting quarters of cover
under subsection, (d), however, this provision shall not be
construed to establish an effective date for purposes of this
section.''.
(b) Benefit Computation.--Section 215(e) of such Act (42
U.S.C. 415(e)) is amended--
(1) by striking ``and'' at the end of paragraph (1);
(2) by striking the period at the end of paragraph (2) and
inserting ``; and''; and
(3) by adding at the end the following new paragraph:
``(3) in computing the average indexed monthly earnings of
an individual who is assigned a social security account
number on or after the date of enactment of the Secure
Borders, Economic Opportunity and Immigration Reform Act of
2007, there shall not be counted any wages or self-employment
income for which no quarter of coverage may be credited to
such individual as a result of the application of section
214(d).''.
(c) Effective Date.--The amendments made by this section
shall be effective as of the date of enactment of this Act.
______

SA 1491. Mr. COBURN submitted an amendment intended to be proposed by
him to the joint resolution S.J. Res. 14, expressing the sense of the
Senate that Attorney General Alberto Gonzales no longer holds the
confidence of the Senate and of the American people; which was ordered
to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. NO CONFIDENCE IN CONGRESS.

(a) Findings.--The Senate finds the following:
(1) The national debt of the United States of America now
exceeds $8,500,000,000,000.
(2) Each United States citizen's share of this debt exceeds
$29,000.
(3) Every cent that the United States Government borrows
and adds to this debt is money stolen from future generations
of Americans and from important programs, including Social
Security and Medicare on

[[Page S7398]]

which our senior citizens depend for their retirement
security.
(4) The power of the purse belongs to Congress.
(5) Congress authorizes and appropriates all Federal
discretionary spending and creates new mandatory spending
programs.
(6) For too long, Congress has simply borrowed more and
more money to pay for new spending, while Americans want
Congress to live within its means, using the same set of
common sense rules and restraints Americans face everyday;
because in the real world, families cannot follow Congress's
example and must make difficult decisions and set priorities
on how to spend their limited financial resources.
(7) Last year, the interest costs of the Federal debt the
Government must pay to those who buy U.S. Treasury bonds were
about 8 percent of the total Federal budget. In total, the
Federal government spent $226,000,000,000 on interest costs
alone last year.
(8) According to the Government Accountability Office,
interest costs will consume 25 percent of the entire Federal
budget by 2035. By way of comparison, the Department of
Education's share of Federal spending in 2005 was
approximately 3 percent of all Federal spending. The
Department of Health and Human Services was responsible for
approximately 23 percent of all Federal spending. Spending by
the Social Security Administration was responsible for about
20 percent of all Federal spending. Spending on Medicare was
about 12 percent of all Federal spending. Spending in 2005 by
the Department of Defense, in the midst of 2 wars in Iraq and
Afghanistan and a global war against terrorism, comprised
about 19 percent of all Federal spending. Thus, if we do not
change our current spending habits, the Government
Accountability Office estimates that as a percentage of
Federal spending, interest costs in 2035 will be larger than
defense costs today, Social Security costs today, Medicare
costs today, and education costs today.
(9) Congress has raided the Social Security and Medicare
Trust Funds for decades to hide the true size of the annual
budget deficit. This practice has undermined the solvency of
these programs and threatens both the retirement security of
today's workers and the economic opportunities of future
generations of Americans.
(10) It is irresponsible for Congress to create or expand
Government programs that will result in borrowing from Social
Security, Medicare, foreign nations, or future generations of
Americans without reductions in spending elsewhere within the
Federal budget.
(11) Last month, Congress approved a $2,900,000,000,000
budget resolution that includes $23,000,000,000 more in
spending than was requested by the President.
(12) Congress has repeatedly demonstrated its inability to
prioritize spending. The Senate has approved the
authorization of hundreds of billions of dollars in new
spending this year alone while repeatedly rejecting
amendments to cut wasteful spending.
(13) The Senate has twice this year rejected amendments
stating that Congress has a moral obligation to offset the
cost of new Government programs and initiatives.
(14) Among the projects that Congress has authorized
spending for this year include a new visitors center in
Louisiana and beach enhancement in southern California. When
posed with the question to first house displaced Louisiana
storm survivors before spending money to construct the
visitors center, the Senate overwhelming voted to construct
the visitors center. When given the option to first protect
the millions of citizens who live in the Sacramento area from
floods before adding sand to a southern California beach, the
Senate overwhelming voted for sandy beaches.
(15) Congress's inability to prioritize spending may be
best epitomized by the Senate's vote to build a controversial
bridge in Alaska. When given the choice to spend nearly half
a billion dollars to repair the Twin Spans Bridge in New
Orleans damaged by Hurricane Katrina or to construct a new
bridge nearly as long as the Golden Gate Bridge and higher
than the Brooklyn Bridge to an island with 50 residents in
Alaska, the Senate voted overwhelming in favor of the new
Alaska bridge.
(16) The cost of Congressional pork projects, known as
earmarks, has more than doubled from $19,500,000,000 in 1996
to more than $47,400,000,000 in 2005. Earmarks have been
linked to a number of recent Congressional investigations and
convicted lobbyist Jack Abramoff boasted that earmarks were a
form of political currency doled out from what he called the
earmark ``favor factory''. In December of last year, the
public was promised by the newly elected majority that ``We
will place a moratorium on all earmarks until a reformed
process is put in place'' and that ``We will work to restore
an accountable, above-board, transparent process for funding
decisions and put an end to the abuses that have harmed the
credibility of Congress''. Yet, the Senate has already
approved hundreds of earmarks this year while failing to
adopt earmark reform rules changes. The House adopted earmark
rule changes but the appropriations committee has said it
will circumvent these reforms by adding earmarks after bills
are passed behind closed doors when bills can no longer be
amended or debated.
(17) This lack of ability to prioritize Federal spending
underscores the ``borrow and spend'' binge behavior of
Congress that has contributed to the national debt which
exceeds $8,500,000,000,000.
(18) Polls have repeatedly found that Americans
overwhelming oppose new spending and bigger Government. A
February 2007 poll released by Democracy Corps found that 80
percent of likely voters disapprove of the Federal
Government's handling of spending. Of all of the issues
polled, the Government's handling of spending scored the
highest rate of voter disapproval, more than health care (71
percent disapproval), energy (64 percent disapproval), or the
environment (59 percent disapproval). One specific poll
question asked respondents which of 2 statements they agreed
with: ``I want Congress to first invest in areas like health
care, education, and energy, even if it means spending
additional money'' or ``I want Congress to first focus on
cutting wasteful spending and making government more
accountable.'' Fifty-eight percent of respondents agreed with
the statement about cutting wasteful spending, while only 36
percent agreed with spending additional money first. When
asked who they trusted more on the issue of spending, only 18
percent picked Congress. A December 2006 Gallup Poll found
that 61 percent of Americans thought ``big government'' was
the biggest threat to the country's future. This included 56
percent of Democrats and 63 percent of Republicans.
(19) Congress has ignored the public's views on spending
which may explain its declining approval ratings in several
different independent polls released in the last month. Only
35 percent of respondents of a poll released by the
Associated Press approve of the way Congress is handling its
job, down 5 points since April. In the study released by Fox
News, 32 percent of respondents approve of the job Congress
is doing, down 3 points in a month. In a poll by Gallup
released by USA Today, the approval rating for Congress
stands at 29 percent, down 4 points since early April.
(b) No Confidence.--It is the sense of the Senate that
Congress neither has the will nor the desire to cut
frivolous, excessive, or wasteful spending and therefore the
American people should have no confidence in the ability of
Congress or its members to balance the budget or protect the
long term financial solvency of Social Security, Medicare, or
the Nation itself.

______

SA 1492. Mr. REID proposed an amendment to amendment SA 1235 proposed
by Mr. Sessions 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 amendment add the following:
Notwithstanding any other provision of this act the
following shall take effect for the Z Nonimmigration
category:
(b) Establishment of Z Nonimmigrant Category.--
(1) In general.--Section 101(a)(15) (8 U.S.C. 1101(a)(15)),
as amended by section 401(a), is further amended by adding at
the end the following:
``(Z) subject to title VI of the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007, an alien
who--
``(i)(I) has maintained a continuous physical presence in
the United States since the date that is 4 years before the
date of the enactment of the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007;
``(II) is employed, and seeks to continue performing labor,
services, or education; and
``(III) the Secretary of Homeland Security determines has
sufficient ties to a community in the United States, based
on--

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

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

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

[[Page S7399]]

``(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 1493. Mr. REID proposed an amendment to amendment SA 1199 proposed
by Mr. Dodd (for himself and Mr. Menendez) 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 appropriate place, insert the following:

SEC. __. CERTIFICATION REQUIREMENT.

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

______

SA 1494. Mr. DOMENICI submitted an amendment intended to be proposed
to amendment SA 1235 proposed by Mr. Sessions 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; which was ordered to lie on the table; as follows:

At the end of the matter proposed to be inserted, add 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 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 1495. 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:

At the appropriate place:
Notwithstanding any provisions of this act, it is amended
as follows:

SECTION 1. EFFECTIVE DATE TRIGGERS AND BORDER ENFORCEMENT.

``(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.
(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.
(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;
(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.''
``(D) knowingly exceeds by 60 days or more the period of
the alien's admission or parole into the United States.''
``(b) Special Effective Date.--Subsection (a)(1)(D) of
section 275 of the Immigration and Nationality Act, as
amended by this Act,

[[Page S7400]]

shall apply to all aliens admitted or paroled after the
enactment of this Act.''

SEC. 3. WORKPLACE ENFORCEMENT.

At the appropriate place in Title III, 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.''
Strike section 401(d)
(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).''
``or Y nonimmigrant status if the alien is
(A) (i) is inadmissible to the United States under section
212(a) of the Act (8 U.S.C. 1182(a)), except as provided in
paragraph (2);
(ii) Nothing in this paragraph shall require the Secretary
to commence removal proceedings against an alien
(B) 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;
(C) 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
(D) has been convicted of--
(i) a felony, including but not limited to: first degree
murder; kidnapping; bank robbery; sexual exploitation, and
other abuse of children; selling or buying of children;
activities relating to children involving sexual exploitation
of a minor; activities relating to material constituting or
containing child pornography, or illegal transportation of a
minor; or domestic violence, a crime of stalking, or a crime
of child agues, child neglect, or child abandonment
(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
(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
``(3) Special five year report on the temporary worker
program.--Not later five years after the date of enactment,
submit a report to the President and Congress that contains
findings of fact and makes recommendations regarding--
``(A) the extent to which employers have complied with the
requirements set forth in section 218B(b)(1) of the Act to
recruit United States workers through newspaper advertising,
posting on the Internet, and posting at the place of
employment for a period of more than ten weeks before seeking
to employ a Y nonimmigrant;
(B) the frequency with which reasonable additional
recruitment efforts during or beyond the established
recruitment period would likely have identified a qualified
United States worker who was able, ready, and willing to fill
the job;
(C) the extent to which employers have complied with the
requirement set forth in section 218B(c)(1)(B) of the Act to
pay Y nonimmigrants the greater of--
(i) the actual wage level paid to United States workers
with similar experience and qualifications for the specific
employment in question, or
(ii) the prevailing competitive wage level for the
occupational classification in the area of employment;
(D) the impact of Y nonimmigrants on the wages and working
conditions of United States workers;
(E) whether the birth rate among citizens and permanent
residents of the United States is sufficient to generate
enough United States workers to fill all of the jobs produced
by the United States economy;
(F) the frequency with which Y nonimmigrants have
overstayed their period of authorized admission as
established by section 218A(i) of the Act, and the
effectiveness of the Department of Homeland Security in
identifying, locating, and removing Y nonimmigrants who
overstay their visas; and (G) the effectiveness of the state
impact fee requirements set forth in sections 218A(e)(3)(B)
and 218B(a)(3) of the Act in combination with the family
support and family medical insurance requirements set forth
in section 218A(e)(8) of the Act in reducing the cost to
states and localities of providing emergency health services
to individuals who are not United States citizens.
(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''.
(d) 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
``(ii) 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)(l5)(H)(i)(b) in the following quantities:'';
and
(ii) by striking clause (iv); and
(B) by striking subparagraph (D).
(e) 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 50,000
(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.''.
(f) Section 214(g) of the Immigration and Nationality Act
(8 U.S.C. 1184(g)), as redesignated by section 409, is
further amended to add the following:
``(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 or 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
(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. The amendment made
by subparagraph (F) shall take effect on the first day of the
fiscal year following the fiscal year in which the backlog of
employment-based immigrant visa petitions existing as of the
effective date established in section 502(d) of this Act

SECTION 5. IMMIGRATION BENEFITS.

(iii) up to 10,000 shall be for aliens who met the
specifications set forth in section 203(b)(1) (as of January
1, 2007); and
(iv) the remaining visas be allocated as follows:
(I) In fiscal year 2008 and 2009, 115,401 shall be for
aliens who are the beneficiaries of a petition filed by an
employer on their behalf under this section.
(II) In fiscal year 2010, 86,934 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
(III) In fiscal year 2011, 58,467 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
(IV) In fiscal year 2012, 44,234 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
``(G) Any employer desiring and intending to employ within
the United States an alien

[[Page S7401]]

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.''.
``The beneficiary (as classified for this subparagraph as a
nonimmigrant described in section 101(a)(15)(H)(i)(b)) of
such a pending or approved petition, and any dependent
accompanying or following to join such beneficiary, may file
an application for adjustment of status under section 245(a)
of the Immigration and Nationality Act (8 U.S.C. 1255)
regardless of whether an immigrant visa is immediately
available at the time the application is filed. Such
application for adjustment of status shall not be approved
until an immigrant visa becomes available.'' after ``visa.''.

SECTION 6. NON-IMMIGRANTS IN THE UNITED STATES PREVIOUSLY IN
UNLAWFUL STATUS.

``(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:
``(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 (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;
``(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 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 in
(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.''.

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 rescinded based on the Secretary's finding that
the alien--
``(i) is inadmissible under or subject to reinstatement of
a removal order pursuant to 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 of the Act; or
``(ii) is deportable under or subject to reinstatement of
sections a removal order pursuant to section 237(a)(1)(E),
(1)(G), (2), or (4) of the Act 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 rescinded 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 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 rescinded
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 Z
nonimmigrant 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
application filed under sections 601 or 602, for Z
nonimmigrant status filed under this section, 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. 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)(1)(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.
Add a new subsection (z) to section 286 of Immigration and
Nationality Act as follows:

[[Page S7402]]

``(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:
``(i) Fencing and Infrastructure;
``(ii) Towers;
``(iii) Detention beds;
``(iv) Employment Eligibility Verification System;
``(v) Implementation of programs authorized in titles IV
and VI; and
``(vi) Other federal border and interior enforcement
requirements to ensure the integrity of programs authorized
in titles IV and VI.
______

SA 1496. 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:

At the appropriate place, insert Nothwithstanding any
provisions of this act, it is amended as follows:

SECTION 1.--EFFECTIVE DATE TRIGGERS AND BORDER ENFORCEMENT.

``(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.
(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.
(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;
``(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.''

SEC. 2. INTERIOR ENFORCEMENT.

``(D) knowingly exceeds by 60 days or more the period of
the alien's admission or parole into the United States.''
``(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.''

SEC. 3. WORKPLACE ENFORCEMENT.

At the appropriate place in Title III, 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.''

SECTION 4. NEW TEMPORARY WORKER PROGRAM STRIKE SECTION 401(D)

On p. 147: paragraph 18(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).''
``or Y nonimmigrant status if the alien is
(A)(i) is inadmissible to the United States under section
212(a) of the Act (8 U.S.C. 1182(a)), except as provided in
paragraph (2);
(ii) Nothing in this paragraph shall require the Secretary
to commence removal proceedings against an alien
(B) 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;
(C) 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
(D) has been convicted of--
(i) a felony, including but not limited to: first degree
murder; kidnapping; bank robbery; sexual exploitation, and
other abuse of children; selling or buying of children;
activities relating to children involving sexual exploitation
of a minor; activities relating to material constituting or
containing child pornography, or illegal transportation of a
minor; or domestic violence, a crime of stalking, or a crime
of child abuse, child neglect, or child abandonment
(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
(3) by amending paragraph (3), as redesignated by paragraph
(2) of this section, to read as follows:
``(3) The numerical limitations of paragraph (l)--
``(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
``(3) SPECIAL FIVE YEAR REPORT ON THE TEMPORARY WORKER
PROGRAM.--Not later than five years after the date of
enactment, submit a report to the President and Congress that
contains findings of fact and makes recommendations
regarding--
``(A) the extent to which employers have complied with the
requirements set forth in section 218B(b)(1) of the Act to
recruit United States workers through newspaper advertising,
posting on the Internet, and posting at the place of
employment for a period of more than ten weeks before seeking
to employ a Y nonimmigrant;
(B) the frequency with which reasonable additional
recruitment efforts during or beyond the established
recruitment period would likely have identified a qualified
United States worker who was able, ready, and willing to fill
the job;
(C) the extent to which employers have complied with the
requirement set forth in section 218B(c)(1)(B) of the Act to
pay Y nonimmigrants the greater of--
(i) the actual wage level paid to United States workers
with similar experience and qualifications for the specific
employment in question, or
(ii) the prevailing competitive wage level for the
occupational classification in the area of employment;
(D) the impact of Y nonimmigrants on the wages and working
conditions of United States workers;
(E) whether the birth rate among citizens and permanent
residents of the United States is sufficient to generate
enough United States workers to fill all of the jobs produced
by the United States economy;
(F) the frequency with which Y nonimmigrants have
overstayed their period of authorized admission as
established by section 218A(i) of the Act, and the
effectiveness of the Department of Homeland Security in
identifying, locating, and removing Y nonimmigrants who
overstay their visas; and
(G) the effectiveness of the state impact fee requirements
set forth in sections 218A(e)(3)(B) and 218B(a)(3) of the Act
in combination with the family support and family medical
insurance requirements set forth in section 218A(e)(8) of the
Act in reducing the cost to states and localities of
providing emergency health services to individuals who are
not United States citizens.
Beginning on page 238, strike line 13, and all that follows
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''.

[[Page S7403]]

(d) 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).
(e) 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 50,000
(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.''.
(f) Section 214(g) of the Immigration and Nationality Act
(8 U.S.C. 1184(g)), as redesignated by section 409, is
further amendmend to add the following:
``(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 or 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.
(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. The amendment made
by subparagraph (F) shall take effect on the first day of the
fiscal year following the fiscal year in which the backlog of
employment-based immigrant visa petitions existing as of the
effective date established in section 502(d) of this Act.
Section 5. Immigration Benefits
(iii) up to 10,000 shall be for aliens who met the
specifications set forth in section 203(b)(1) (as of January
1, 2007); and
(iv) the remaining visas be allocated as follows:
(I) In fiscal year 2008 and 2009, 115,401 shall be for
aliens who are the beneficiaries of a petition filed by an
employer on their behalf under this section.
(II) In fiscal year 2010, 86,934 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
(III) In fiscal year 2011, 58,467 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
(IV) In fiscal year 2012, 44,234 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
``(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.''.
``The beneficiary (as classified for this subparagraph as a
nonimmigrant described in section 10I(a)(15)(H)(i)(b)) of
such a pending or approved petition, and any dependent
accompanying or following to join such beneficiary, may file
an application for adjustment of status under section 245(a)
of the Immigration and Nationality Act (8 U.S.C. 1255)
regardless of whether an immigrant visa is immediately
available at the time the application is filed. Such
application for adjustment of status shall not be approved
until an immigrant visa becomes available.'' after ``visa.''.
``(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
doumentary 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 (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;
(VI) sworn affidavits from nonrelatives who have direct
knowledge of the alien's work, that contain--
(aa) the name, address, and telephone number of the
affiant;
(bb) the nature and duration of the relationship between
the affiant and the alien; and
(cc) other verification or information.
(D) Addtional documents--The Secretary may--
(i) designate additional documents to evidence the required
period of presence, employment, or study; and
(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 in
(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.''

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.--
``(I) Subsection (a) shall not apply with respect to--
``(A) an alien whose application has been denied,
terminated or rescinded based on the Secretary's finding that
the alien--
``(i) is inadmissible under or subject to reinstatement of
a removal order pursuant to 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 of the Act; or
``(ii) is deportable under or subject to reinstatement of
sections a removal order pursuant to section 237(a)(I)(E),
(I)(G), (2), or (4) of the Act of the Act;

[[Page S7404]]

(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 rescinded under section
601(d)(1)(F);
``(C) an alien whom the Secretary determines has ordered,
incit assisted, or otherwise participated in the persecution
of any person on account of race, I relgon, 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 02,
engaged in 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 rescinded
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--
(I) 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 infonnation 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 Z
nonimmigrant 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, for Z
nonimmigrant status filed under this section, 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. 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)(I).
(2) penalties in excess of $4.4 billion shall be deposited
and remain available as otherwise provided under this act.
Add a new subsection (z) to section 286 of Immigration and
Nationality Act 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:
``(i) Fencing and Infrastructure;
``(ii) Towers;
``(iii) Detention beds;
``(iv) Employment Eligibility Verification System;
``(v) Implementation of programs authorized in titles IV
and VI; and
``(vi) Other federal border and interior enforcement
requirements to ensure the integrity of programs authorized
in titles IV and VI.
(d) Limit on Percentage of H-1B Employees.--Section
212(n)(1) of such Act, as amended by this section, is further
amended by inserting after subparagraph (H), as added by
subsection (d)(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 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. If the Secretary
has not decided whether to grant or deny a waiver 45 days
after the waiver application is filed, the waiver shall be
deemed an attestation. 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

[[Page S7405]]

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.
(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--
``(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.
(e) Documentation Requirement;--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
(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 1497. Mr. KENNEDY submitted an amendment intended to be proposed
to amendment SA 1323 submitted by Mr. Sessions (for himself, Mr.
Isakson, and Mr. Chambliss) 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 5, strike line 16 and insert the following:
(d) Authorization of Appropriations.--There are authorized
to be appropriated to the Secretary such sums as may be
necessary to carry out this section and the amendments made
by this section.

SEC. 221A. MANDATORY DISCLOSURE OF INFORMATION.

(a) In General.--Notwithstanding any provision under
section 604, except as otherwise provided in this section, no
Federal agency or bureau, or any officer or employee of such
agency or bureau, may--
(1) use the information furnished by the applicant under
title VI or the fact that the applicant applied for status
for any purpose other than to make a determination on the
application, any subsequent application to extend such
status, or to adjust status to that of an alien lawfully
admitted for permanent residences under this Act;
(2) make any publication through which the information
furnished by any particular applicant can be identified; or
(3) permit anyone other than the sworn officers, employees
or contractors of such agency, bureau, or approved entity, as
approved by the Secretary of Homeland Security, to examine
individual applications that have been filed.
(b) Required Disclosures.--The Secretary of Homeland
Security and the Secretary of State shall provide the
information furnished pursuant to an application filed under
section 601 and 602, and any other information derived from
such furnished information, to--
(1) a law enforcement entity, intelligence agency, national
security agency, component of the Department of Homeland
Security, court, or grand jury in connection with a criminal
investigation or prosecution or a national security
investigation or prosecution, in each instance about an
individual suspect or group of suspects, when such
information is requested in writing by such entity;
(2) a law enforcement entity, intelligence agency, national
security agency, or component of the Department of Homeland
Security in connection with a duly authorized investigation
of a civil violation, in each instance about an individual
suspect or group of suspects, when such information is
requested in writing by such entity; or
(3) an official coroner for purposes of affirmatively
identifying a deceased individual, whether or not the death
of such individual resulted from a crime.
(c) Applicability.--The limitations described under
subsection (a) shall remain in effect until the alien--
(1) makes a request under section 603(b)(1);
(2) is determined to be ineligible due to a criminal
conviction under section 603(b)(2);
(3) is determined by the Secretary of Homeland Security to
have 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;
(4) is determined by the Secretary to have, in connection
with the alien's application under title VI, engaged in fraud
or willful misrepresentation, concealed of a material fact or
knowingly offered a false statement; or
(5) is an alien for whom the Secretary has adjusted the
alien's status to that of an alien lawfully admitted for
permanent residence pursuant to the provisions of title VI,
and who any time thereafter submits an application or
petition.
(d) Subsequent Disclosures or Use.--
(1) Disclosure of criminal information.--Notwithstanding
any other provision of this section, information concerning
any activity

[[Page S7406]]

described in paragraph (2), (3), or (4) of subsection (c) may
be used or released for immigration enforcement and law
enforcement purposes.
(2) Savings provision.--Nothing in this section may be
construed to require the Secretary to initiate proceedings
under section 240.
(e) Auditing and Evaluation of Information.--The Secretary
of Homeland Security may audit and evaluate information
furnished as part of any application filed under sections 601
and 602, any application to extend such status under section
601(k), or any application to adjust status to that of an
alien lawfully admitted for permanent residence under section
602, for purposes of identifying fraud or fraud schemes, and
may use any evidence detected by means of audits and
evaluations for purposes of investigating, prosecuting or
referring for prosecution, denying, or terminating
immigration benefits.
(f) Use of Information in Petitions and Applications
Subsequent to Adjustment of Status.--If the Secretary has
adjusted an alien's status to that of an alien lawfully
admitted for permanent residence pursuant to section 602,
then at any time thereafter the Secretary may use the
information furnished by the alien in the application for
adjustment of status or in the applications for status
pursuant to sections 601 or 602 to make a determination on
any petition or application.
(g) Criminal Penalty.--Any person who 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 may be construed
to limit the use, or release, for immigration enforcement
purposes of information contained in files or records of the
Secretary or Attorney General pertaining to an applications
filed under sections 601 or 602, other than information
furnished by an applicant pursuant to the application, or any
other information derived from the application, that is not
available from any other source.
(i) References.--References in this section to section 601
or 602 are references to sections 601 and 602 of this Act and
the amendments made by those sections.

SEC. 221B. H-1B STREAMLINING AND SIMPLIFICATION.

(a) 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.
(b) Clarifying the Immigrant Intent Provision.--Section
214(b) of the Immigration and Nationality Act (8 U.S.C.
1184(b)), as amended by section 419(c) of this Act, is
further amended--
(1) by inserting ``(other than a nonimmigrant described in
subparagraph (L) or (V) of section 101(a)(15), and other than
a nonimmigrant described in any provision of section
101(a)(15)(H)(i) (except subclause (b1) of such section)''
after ``Every alien''; and
(2) by striking ``under the immigration laws'' and
inserting ``under section 101(a)(15)''.

SEC. 221C. H-1B EMPLOYER REQUIREMENTS.

(a) Wage Determination.--
(1) Change in minimum wages.--Section 212(n)(1) of the
Immigration and Nationality Act, as amended by section 420,
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.
(b) Prohibition of Outplacement.--
(1) In general.--Section 212(n) of the Immigration and
Nationality Act, as amended by subsection (a) and section
420, 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.
(c) Posting Available Positions.--
(1) Posting available positions.--Section 212(n)(1)(C) of
the Immigration and Nationality Act, as amended by this
section and section 420, is further 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 and section 420, 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. 221D. 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.'';

[[Page S7407]]

(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 and section 420, 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. 221E. 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

[[Page S7408]]

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--
``(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

[[Page S7409]]

by paragraph (1) of this subsection, are issued.

SEC. 221F. PROMPT REMOVAL PROCEEDINGS.

It is the sense of Congress that the Secretary of Homeland
Security shall promptly identify, investigate, and initiate
removal proceedings against every alien admitted into the
United States under sections 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 Immigration and Nationality Act, and who exceeds the
alien's period of authorized admission or otherwise violates
any terms of the nonimmigrant classification in which the
aline was admitted. In conducting such removals, the
Secretary shall give priority to aliens who may pose a threat
to the national security, homeland security, or public
safety.

SEC. 221G. EXIT TRACKING FEES.

Subsection (e)(3) of section 218A of the Immigration and
Nationality Act, as added by section 402, is amended by
adding at the end the following:
``(F) Exit tracking fee.--An alien entering the United
States on a Y nonimmigrant visa shall pay, upon entry, an
exit tracking fee in an amount set by Secretary at a level
that will ensure recovery of the full costs of 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.
``(G) Deposit and disposition of departure fee.--The funds
described in subparagraph (F) shall be deposited and remain
available as the Secretary may prescribe to carry out the
purposes as described in such subparagraph.''.

SEC. 221H. Z NONIMMIGRANTS.

(a) Affidavit Requirements.--Notwithstanding section
601(i)(2)(D)(ii), the Secretary of Homeland Security may set
by notice in the Federal Register such terms, conditions, and
minimum standards for affidavits described in subparagraph
(C)(VI) of section 601(i)(2) as are necessary, when such
affidavits are reviewed in combination with the other
documentation as described in subparagraph (A) or (C) of such
section, 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.
(b) Content of Applications.--Notwithstanding section
601(g)(3)(B), the Secretary shall utilize fingerprints and
other biometric data provided by the alien and any other
appropriate information 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 such section.
(c) Treatment of Applicants.--Notwithstanding section
601(h)(2), no probationary benefits shall be issued to an
alien under section 601 until the alien has passed all
appropriate background checks or the end of the next business
day, whichever is sooner unless the Secretary determines, in
the Secretary's 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 the eligibility of the
alien for Z nonimmigrant status as expeditiously as possible.
(d) Electronic System for Preregistration of Applicants for
Z and Z-A Nonimmigrant Status.--
(1) In general.--The Secretary of Homeland Security may
establish a voluntary online registration process allowing
applicants for Z and Z-A nonimmigrant status to provide, in
advance of submitting the application described in section
601(f), such biographical information and other information
as the Secretary shall prescribe--
(A) for the purpose of providing applicants with an
appointment to provide fingerprints and other biometric data
at a facility of the Department of Homeland Security;
(B) to initiate background checks based on such
information; and
(C) for other purposes consistent with this Act.
(2) Use.--Use of information recorded in the databse shall
be governed by the procedures set forth in section 604.

SEC. 221I. COLLECTION OF DEPARTURE DATA FROM CERTAIN
NONIMMIGRANTS.

(a) In General.--The Secretary of Homeland Security shall
require an alien who was admitted to the United States under
section 101(a)(15)(B) (under the terms and conditions of
section 214(s)) of the Immigration and Nationality Act,
section 101(a)(15)(H)(ii) of such Act, or section
101(a)(15)(Y) of such Act to record the alien's departure at
a designated port of entry or at a designated United States
consulate abroad.
(b) Failure to Record Departure.--An alien who does not
record the alien's departure as required by subsection (a)
shall be entered into a database of the Department of
Homeland Security as having overstayed the alien's period of
authorized admission not later than 48 hours after the
expiration of the alien's period of authorized admission.
(c) Information Sharing With Law Enforcement Agencies.--The
information in the database described in subsection (b) shall
be made available to State and local law enforcement agencies
pursuant to the provisions of section 240D of such Act.

SEC. 221J. ENFORCEMENT PERSONNEL.

Notwithstanding section 101(a)(2), the Secretary of
Homeland Security shall hire personnel as follows:
(1) 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.
(2) Conforming amendment.--Section 5203 of the Intelligence
Reform and Terrorism Protection Act of 2004 (Public Law 108-
458; 118 Stat. 3734) is repealed.

SEC. 221K. PERSONNEL OF DHS.

Notwithstanding section 310(a)(1), 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
the number of personnel of the Department of Homeland
Security assigned exclusively or principally to an office or
offices dedicated to monitoring and enforcing compliance with
sections 274A and 274C of the Immigration and Nationality Act
(8 U.S.C. 1324a and 1324c), including compliance with the
requirements of the EEVS. These personnel shall perform the
compliance and monitoring activities set out in clauses (i)
through (xiii) of such section.

SEC. 221L. DEPARTURE REGISTRATION.

Notwithstanding any other provision of this Act or any
amendment made by this Act:
(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.
(4) Recording.--The Secretary shall ensure that the
invalidation of such documentation is recorded in the
employment eligibility verification system described in
section 301.
(5) Notification.--Fourteen days prior to employment
eligibility expiration employers shall provide, in writing,
notification to aliens of the expiration of the aliens's
employment eligibility.
(6) Special five year report on the temporary worker
program.--The Y Visa Program shall continue irrespective of
any references to sunset. Not later five years after the date
of enactment, submit a report resident and Congress that
contains findings of fact and makes recommendations
regarding--
``(A) the extent to which employers have complied with the
requirements set forth in section 218B(b)(1) of the Act to
recruit United States workers through newspaper advertising,
posting on the Internet, and posting at the place of
employment for a period of more than ten weeks before seeking
to employ a Y nonimmigrant;
(B) the frequency with which reasonable additional
recruitment efforts during or beyond the established
recruitment period would likely have identified a qualified
United States worker who was able, ready, and willing to fill
the job;
(C) the extent to which employers have complied with the
requirement set forth in section 218B(c)(1)(B) of the Act to
pay Y nonimmigrants the greater of--
(i) the actual wage level paid to United States workers
with similar experience and qualifications for the specific
employment in question, or
(ii) the prevailing competitive wage level for the
occupational classification in the area of employment;
(D) the impact of Y nonimmigrants on the wages and working
conditions of United States workers;
(E) whether the birth rate among citizens and permanent
residents of the United States is sufficient to generate
enough United States workers to fill all of the jobs produced
by the United States economy;

[[Page S7410]]

(F) the frequency with which Y nonimmigrants have
overstayed their period of authorized admission as
established by section 218A(i) of the Act, and the
effectiveness of the Department of Homeland Security in
identifying, locating, and removing Y nonimmigrants who
overstay their visas; and
(G) the effectiveness of the state impact fee requirements
set forth in sections 218A(e)(3)(B) and 218B(a)(3) of the Act
in combination with the family support and family medical
insurance requirements set forth in section 218A(e)(8) of the
Act in reducing the cost to states and localities of
providing emergency health services to individuals who are
not United States citizens.
(b) Documentation requirement.--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
(c) 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 1498. Mr. KENNEDY submitted an amendment intended to be proposed
by him to the bill S. 1348, to provide comprehensive immigration reform
and for other purposes; which was ordered to lie on the table; as
follows:

At the end of the amendment add the following:
Notwithstanding any other provisions of this Act the
following sections shall be deemed to be amended as follows:

SECTION 1. EFFECTIVE DATE TRIGGERS AND BORDER ENFORCEMENT.

(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.
On page 3, line 38 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.
On page 7, 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;
(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)(l5)(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.''

SEC. 3. WORKPLACE ENFORCEMENT.

At the appropriate place in Title III, 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.''

SEC. 4 NEW TEMPORARY WORKER PROGRAM.

Strike section 401 (d).
On p. 147, 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 l(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 (O) 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).''
On page 151, strike line 30 and 31 and insert the
following:
``or Y nonimmigrant status if the alien is
(A)(i) is inadmissible to the United States under section
212(a) of the Act (8 U.S.C. 1182(a)), except as provided in
paragraph (2);
(ii) Nothing in this paragraph shall require the Secretary
to commence removal proceedings against an alien
(B) 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;
(C) 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
(D) has been convicted of--
(i) a felony, including but not limited to: first degree
murder; kidnapping; bank robbery; sexual exploitation, and
other abuse of children; selling or buying of children;
activities relating to children involving sexual exploitation
of a minor; activities relating to material constituting or
containing child pornography, or illegal transportation of a
minor; or domestic violence, a crime of stalking, or a crime
of child agues, child neglect, or child abandonment
(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
lOl(h) of the Act
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
On page 229, add a section 412(b)(3) to read as follows:
``(3) Special five year report on the temporary worker
program.--Not later five years after the date of enactment,
submit a report to the President and Congress that contains
findings of fact and makes recommendations regarding--
``(A) the extent to which employers have complied with the
requirements set forth in section 218B(b)(1) of the Act to
recruit United States workers through newspaper advertising,
posting on the Internet, and posting at the place of
employment for a period of more than ten weeks before seeking
to employ a Y nonimmigrant;
(B) the frequency with which reasonable additional
recruitment efforts during or beyond the established
recruitment period would likely have identified a qualified
United States worker who was able, ready, and willing to fill
the job;
(C) the extent to which employers have complied with the
requirement set forth in section 218B(c)(1)(B) of the Act to
pay Y nonimmigrants the greater of--
(i) the actual wage level paid to United States workers
with similar experience and qualifications for the specific
employment in question, or
(ii) the prevailing competitive wage level for the
occupational classification in the area of employment;
(D) the impact ofY nonimmigrants on the wages and working
conditions of United States workers;
(E) whether the birth rate among citizens and permanent
residents of the United States is sufficient to generate
enough United States workers to fill all of the jobs produced
by the United States economy;
(F) the frequency with which Y nonimmigrants have
overstayed their period of authorized admission as
established by section 218A(i) of the Act, and the
effectiveness of the Department of Homeland Security in
identifying, locating, and removing Y nonimmigrants who
overstay their visas; and
(G) the effectiveness of the state impact fee requirements
set forth in sections 218A(e)(3)(B) and 218B(a)(3) of the Act
in combination with the family support and family medical
insurance requirements set forth in section 218A( e )(8) of
the Act in reducing the cost to states and localities of
providing emergency health services to individuals who are
not United States citizens.
Beginning on page 238, strike line 13, and all that follows
through page 239, line 38, and insert the following:

[[Page S7411]]

(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''.
(d) H-1b Amendments.--Section 214(g) (8 U.S.C. 1184(g)) is
amended--(1) in paragraph (l)(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).
(e) 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) 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
``(B) 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.''.
(f) Section 214(g) of the Immigration and Nationality Act
(8 U.S.C. 1184(g)), as redesignated by section 409, is
further amended to add the following:
``(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 or 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.''.
(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. The amendment made
by subparagraph (F) shall take effect on the first day of the
fiscal year following the fiscal year in which the backlog of
employment-based immigrant visa petitions existing as of the
effective date established in section 502(d) of this Act.

SEC. 5. IMMIGRATION BENEFITS.

On page 260, line 39, strike ``and''.
On page 260, after line 44, insert the following:
(iii) up to 10,000 shall be for aliens who met the
specifications set forth in section 203(b)(1)(as of January
1, 2007); and
(iv) the remaining visas be allocated as follows:
(I) In fiscal year 2008 and 2009, 115,401 shall be for
aliens who are the beneficiaries of a petition filed by an
employer on their behalf under this section.
(II) In fiscal year 2010, 86,934 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
(III) In fiscal year 2011, 58,467 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
(IV) In fiscal year 2012, 44,234 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
On page 265, between lines 15 and 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.''.
On page 266, line 4, insert ``The beneficiary (as
classified for this subparagraph as a nonimmigrant described
in section 101(a)(15)(H)(i)(b)) of such a pending or approved
petition, and any dependent accompanying or following to join
such beneficiary, may file an application for adjustment of
status under section 245(a) of the Immigration and
Nationality Act (8 U.S.C. 1255) regardless of whether an
immigrant visa is immediately available at the time the
application is filed. Such application for adjustment of
status shall not be approved until an immigrant visa becomes
available.'' after ``visa.''.

SEC. 6. NONIMMIGRANTS IN THE UNITED STATES PREVIOUSLY IN
UNLAWFUL STATUS.

On page 291, strike lines 40 and all that follows through
page 293, line 22, and insert the following:
``(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:
(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 (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;
(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
On page 312, strike Section 604 and insert the following:

SEC. 604. MANDATORY DISCLOSURE OF INFORMATION.

``(a) In general.--Except as otherwise provided in this
section, no Federal agency or bureau, nor any officer,
employee or contractor of such agency or bureau, may--
``(1) use the information furnished by an applicant under
Title 6 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 Title 6 of such Act, or to adjust status to that
of an alien lawfully admitted for permanent residence under
Title 6 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 revokscinded based on the Secretary's finding
that the alien--
``(i) is inadmissible under or subject to reinstatement of
a removal order pursuant to sections 212(a)(2), (3),
(6)(C)(i) (with respect to information furnished by an
applicant under title 6 of the Act; or
``(ii) is deportable under or subject to reinstatement of
sections a removal order pursuant to section 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).

[[Page S7412]]

``(B) an alien whose application for Z nonimmigrant status
has been denied, terminated, or revoked rescinded under this
title;
``(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 title 6, engaged in
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
rescinded 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) maybe
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 title 6 of [--],
any application to extend such status under title 6 of such
Act, or any application to adjust status to that of an alien
lawfully admitted for permanent residence under title 6 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 title 6, 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 Z nonimmigrant status
pursuant to title 6 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
application filed under title 6 for Z nonimmigrant status
filed under this section, 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.
On p. 317, 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)(1)(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)(I).
(2) penalties in excess of $4.4 billion shall be deposited
and remain available as otherwise provided under this act.
Add a new subsection (z) to section 286 of Immigration and
Nationality Act 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:
``(i) Fencing and Infrastructure;
``(ii) Towers;
``(Hi) Detention beds;
``(iv) Employment Eligibility Verification System;
``(v) Implementation of programs authorized in titles IV
and VI; and
``(vi) Other federal border and interior enforcement
requirements to ensure the integrity of programs authorized
in titles IV and VI.
(d) Limit on Percentage of H-1B Employees.--Section
212(n)(1) of such Act, as amended by this section, is further
amended by inserting after subparagraph (H), as added by
subsection (d)(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 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. If the Secretary
has not decided whether to grant or deny a waiver 45 days
after the waiver application is filed, the waiver shall be
deemed an attestation. 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.

[[Page S7413]]

``(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.
(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--
``(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.
(e) Documentation Requirement.--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
(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 1499. Mr. KYL (for himself, Ms. Cantwell, Ms. Collins, and Mr.
Coleman) submitted an amendment intended to be proposed by him to the
bill S. 1348, to provide for comprehensive immigration reform and for
other purposes; which was ordered to lie on the table; as follows:

Nothwithstanding any provisions of this act, it is amended
as follows:
Beginning on page 238, strike line 13, and all that follows
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''.
(d) 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).
(e) 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 50,000
(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.''.
(f) Section 214(g) of the Immigration and Nationality Act
(8 U.S.C. 1184(g)), as redesignated by section 409, is
further amended to add the following:
``(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 or at least
15 percent of the number of such full-time employees, may
file no more than 1,000 new petitions under subsection (c) to
import aliens under section 101(a)(15)(H)(i)(b) in any fiscal
year
(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

[[Page S7414]]

application filed on or after such date. The amendment made
by subparagraph (F) shall take effect on the first day of the
fiscal year following the fiscal year in which the backlog of
employment-based immigrant visa petitions existing as of the
effective date established in section 502(d) of this Act
On page 260, line 39, strike ``and''.
On page 260, after line 44, insert the following:
(iii) up to 10,000 shall be for aliens who met the
specifications set forth in section 203(b)(I) (as of January
1, 2007); and
(iv) the remaining visas be allocated as follows:
(I) In fiscal year 2008 and 2009, 115,401 shall be for
aliens who are the beneficiaries of a petition filed by an
employer on their behalf under this section.
(II) In fiscal year 2010, 86,934 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
(III) In fiscal year 2011, 58,467 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
(IV) In fiscal year 2012, 44,234 shall be for aliens who
are the beneficiaries of a petition filed by an employer on
their behalf under this section.
On page 265, between lines 15 and 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.''.
On page 266, line 4, insert ``The beneficiary (as
classified for this subparagraph as a nonimmigrant described
in section 101(a)(15)(H)(i)(b)) of such a pending or approved
petition, and any dependent accompanying or following to join
such beneficiary, may file an application for adjustment of
status under section 245(a) of the Immigration and
Nationality Act (8 U.S.C. 1255) regardless of whether an
immigrant visa is immediately available at the time the
application is filed. Such application for adjustment of
status shall not be approved until an immigrant visa becomes
available.'' after ``visa.''.
On page 242, between lines 39 and 40, insert the following:
(e) Documentation Requirement.--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 non-immigrant--
``(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.''.
(f) Fraud Assessment.--Not later than 60 days after the
date of the enactment of the Act, the Director of United
States Citizenship and Immigration Services shall submit to
Congress a fraud risk assessment of the H-1B visa program.

____________________