S.Amdt. 1957Senate110th Congress (2007-2009)2nd degree
To change the enactment date.
Sponsored by 
Sen. Dianne Feinstein (D-CA)
Sen. Dianne Feinstein (D-CA)Submitted June 27, 2007
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Senate amendment submitted
June 27, 2007
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Senate amendment proposed (on the floor): Amendment SA 1957 proposed by Senator Feinstein to Amendment SA 1934 (Division I).(consideration: CR S8570-8571; text: CR S8570)
June 27, 2007
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Amendment SA 1957 proposed by Senator Feinstein to Amendment SA 1934 (Division I). (consideration: CR S8570-8571; text: CR S8570) To change the enactment date.
June 27, 2007
Floor
SA 1957 fell when SA 1934 (Division I) was tabled.
June 27, 2007
Text
Submitted
TEXT OF AMENDMENTS
SA 1948. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 452, strike line 11 and all that follows through
page 454, line 16, and 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 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 already been counted toward the numerical limitation
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.''.
______
SA 1949. Mr. BINGAMAN submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
In section 601(f)(2), strike ``12 months'' and insert ``2
years''.
______
SA 1950. Mr. ALEXANDER submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 6, between lines 11 and 12, insert the following:
(e) Agreement of Border Governors.--The programs described
in subsection (a) shall not become effective until at least 3
of the 4 governors of the States that share a land border
with Mexico agree that the border security and other measures
described in subsection (a) are established, funded, and
operational.
(f) Defined Term.--In this section, the term ``operational
control'' means the prevention of all unlawful entries into
the United States, including entries by terrorists, other
unlawful aliens, instruments of terrorism, narcotics, and
other contraband.
[[Page S8623]]
______
SA 1951. Mr. INHOFE (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 1639, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:
On page 580 between lines 7 and 8, insert the following:
(6) English and civics.--An alien who is 18 years of age or
older shall meet the requirements under section 312(a) of the
Immigration and Nationality Act (8 U.S.C. 1423(a)).
______
SA 1952. Mr. INHOFE (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 1639, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:
On page 582, strike line 11 and all that follows through
page 584, line 4, and insert the following:
(I) Requirement at first renewal.--At or before the time of
application for the first extension of Z nonimmigrant status,
an alien who is 18 years of age or older shall meet the
requirements under section 312(a) of the Immigration and
Nationality Act (8 U.S.C. 1423(a)).
(II) Exception.--The requirement under subclause (I) shall
not apply to any person who, on the date of the filing of the
person's application for an extension of Z nonimmigrant
status--
(aa) is unable to comply because of physical or
developmental disability or mental impairment to comply with
such requirement; or
(bb) is older than 65 years of age and has been living in
the United States for periods totaling not less than 20
years.
______
SA 1953. Mr. SCHUMER (for himself and Mr. Graham) submitted an
amendment intended to be proposed by him to the bill S. 1639, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:
On page 685, after line 17, insert the following:
SEC. 716. CLARIFYING AMENDMENTS REGARDING THE USE OF SOCIAL
SECURITY CARDS.
(a) Use of Social Security Cards to Establish Identity and
Employment Authorization.--Section 274A of the Immigration
and Nationality Act, as amended by section 302, is further
amended--
(1) in subsection (c)(1)--
(A) in subparagraph (B)--
(i) in clause (ii)(III), by striking ``; or'' and inserting
a semicolon;
(ii) in clause (iii), by striking the end period and
inserting ``; or''; and
(iii) by adding at the end the following:
``(iv) social security card (other than a card that
specifies on its face that the card is not valid for
establishing employment authorization in the United States)
that bears a photograph and meets the standards established
under section 716(d) of the Secure Borders, Economic
Opportunity, and Immigration Reform Act of 2007, upon the
recommendation of the Secretary of Homeland Security, in
consultation with the Commissioner of Social Security,
pursuant to section 716(f)(1) of such Act.''; and
(B) in subparagraph (D)(i), by striking ``may'' and
inserting ``shall, not later than the date on which the
report described in section 716(f)(1) of the Secure Borders,
Economic Opportunity, and Immigration Reform Act of 2007, is
submitted,''; and
(2) in subsection (d)(9)(B)(v)(I), by striking ``as
specified in (D)'' and inserting ``as specified in
subparagraph (D), including photographs and any other
biometric information as may be required''.
(b) Access to Social Security Card Information.--Section
205(c)(2)(I)(i) of the Social Security Act, as added by
section 308, is further amended by inserting at the end of
the flush text at the end the following new sentence: ``As
part of the employment eligibility verification system
established under section 274A of the Immigration and
Nationality Act, the Commissioner of Social Security shall
provide to the Secretary of Homeland Security access to any
photograph, other feature, or information included in the
social security card.''
(c) Increasing Security and Integrity of Social Security
Cards.--Notwithstanding any other provision of this Act,
section 305 of this Act is repealed.
(d) Fraud-Resistant, Tamper-Resistant, and Wear-Resistant
Social Security Cards.--
(1) Issuance.--Not later than first day of the second
fiscal year in which amounts are appropriated pursuant to the
authorization of appropriations in subsection (g), the
Commissioner of Social Security shall begin to administer and
issue fraud-resistant, tamper-resistant, and wear-resistant
social security cards displaying a photograph.
(2) Interim.--Not later than the first day of the seventh
fiscal year in which amounts are appropriated pursuant to the
authorization of appropriations in subsection (g), the
Commissioner of Social Security shall issue only fraud-
resistant, tamper-resistant, and wear-resistant social
security cards displaying a photograph.
(3) Completion.--Not later than the first day of the tenth
fiscal year in which amounts are appropriated pursuant to the
authorization of appropriations in subsection (g), all social
security cards that are not fraud-resistant, tamper-
resistant, and wear-resistant shall be invalid for
establishing employment authorization for any individual 16
years of age or older.
(4) Exemption.--Nothing in this section shall require an
individual under the age of 16 years to be issued or to
present for any purpose a social security card described in
this subsection. Nothing in this section shall prohibit the
Commissioner of Social Security from issuing a social
security card not meeting the requirements of this subsection
to an individual under the age of 16 years who otherwise
meets the eligibility requirements for a social security
card.
(e) Additional Duties of the Social Security
Administration.--In accordance with the responsibilities of
the Commissioner of Social Security under section
205(c)(2)(I) of the Social Security Act, as added by section
308, the Commissioner--
(1) shall issue a social security card to an individual at
the time of the issuance of a social security account number
to such individual, which card shall--
(A) contain such security and identification features as
determined by the Secretary of Homeland Security, in
consultation with the Commissioner; and
(B) be fraud-resistant, tamper-resistant, and wear-
resistant;
(2) in consultation with the Secretary of Homeland
Security, shall issue regulations specifying such particular
security and identification features, renewal requirements
(including updated photographs), and standards for the social
security card as necessary to be acceptable for purposes of
establishing identity and employment authorization under the
immigration laws of the United States; and
(3) may not issue a replacement social security card to any
individual unless the Commissioner determines that the
purpose for requiring the issuance of the replacement
document is legitimate.
(f) Reporting Requirements.--
(1) Report on the use of identification documents.--Not
later than the first day of the tenth fiscal year in which
amounts are appropriated pursuant to the authorization of
appropriations in subsection (g), the Secretary of Homeland
Security shall submit to Congress a report recommending which
documents, if any, among those described in section
274A(c)(1) of the Immigration and Nationality Act, should
continue to be used to establish identity and employment
authorization in the United States.
(2) Report on implementation.--Not later than 12 months
after the date on which the Commissioner begins to administer
and issue fraud-resistant, tamper-resistant, and wear-
resistant cards under subsection (d)(1), and annually
thereafter, the Commissioner shall submit to Congress a
report on the implementation of this section. The report
shall include analyses of the amounts needed to be
appropriated to implement this section, and of any measures
taken to protect the privacy of individuals who hold social
security cards described in this section.
(g) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section and the amendments made by this section.
______
SA 1954. Mr. CONRAD submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. __. PEACE GARDEN PASS.
(a) Authorization.--
(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
[[Page S8624]]
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 1955. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 529, strike line 13 and all that follows through
line 22, and insert the following:
``(2) redesignating paragraph (4) as paragraph (2);
``(3) redesignating paragraph (5) as paragraph (3);
``(4) redesignating paragraph (6) as paragraph (4).
______
SA 1956. Mr. HATCH submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 595, strike lines 19 through 23 and insert the
following:
(B) Adjustment of status; preferential treatment
prohibited.--The status of any Z-1 nonimmigrant may be
adjusted by the Secretary of Homeland Security to that of an
alien lawfully admitted for permanent residence if the Z-1
nonimmigrant meets the requirements under section 245 of the
Immigration and Nationality Act (8 U.S.C. 1255). Nothing in
this Act may be construed to provide aliens who were
unlawfully present in the United States before the date of
the enactment of this Act with any preferential treatment
over other aliens who are seeking to obtain legal permanent
residence or United States citizenship.
______
SA 1958. Mrs. FEINSTEIN proposed an amendment to amendment SA 1934
(Division I) proposed by Mr. Reid (for Mr. Kennedy (for himself and Mr.
Specter)) to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; as follows:
At the end of the amendment add the following:
This section shall take effect one day after the date of
enactment.
______
SA 1958. Mr. SPECTER proposed an amendment to amendment SA 1934
(Division II) proposed by Mr. Reid (for Mr. Kennedy (for himself and
Mr. Specter)) to the bill S. 1639, to provide for comprehensive
immigration reform and for other purposes; as follows:
At the end of the amendment add the following:
This section shall take effect one day after the date of
enactment.
______
SA 1959. Mr. VITTER submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 5, between lines 11 and 12, insert the following:
(7) US-VISIT system.--The integrated entry and exit data
system required under section 110 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1365a), which was required to be implemented not later than
December 21, 2005, has been fully implemented and is
functioning at every land, sea, and air port of entry into
the United States.
______
SA 1960. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 617, strike line 1 and all that follows through
page 618, line 22, 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
enactment 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). Nothing in this subsection may be construed
as establishing 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 the enactment of this
Act.
______
SA 1961. Mr. ENSIGN submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place in Title VI, insert the following:
(a) Eligibility To Enlist in the United States Armed
Forces.--Notwithstanding section 504(b) of title 10, United
States Code, an alien who receives Z nonimmigrant status
shall be eligible to enlist in the United States Armed
Forces.
______
SA 1962. Mr. ISAKSON (for himself and Mr. Chambliss) submitted an
amendment intended to be proposed by him to the bill S. 1639, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:
On page 268, line 13, strike ``.'', and insert ``and''
``requires, as a condition of conducting, continuing, or
expanding a business, that, a business entity--
``(i) shall provide, build, fund, or maintain a shelter,
structure, or designated area at or near the place of
business of the entity for use by--
``(I) any individual who is not an employee of the business
entity who enters or seeks to enter the property of the
entity for the purpose of seeking employment by the entity;
or
``(II) any contractor, customer, or other person over which
the business entity has no authority; or
``(ii) shall carry out any other activity to facilitate the
employment by others of--
``(I) any individual who is not an employee of the business
entity who enters or seeks to enter the property of the
entity for the purpose of seeking employment by the entity;
or
``(II) any contractor, customer, or other person over which
the business entity has no authority.''.
______
SA 1963. Mr. COLEMAN (for himself and Mr. Carper) submitted an
amendment intended to be proposed by him to the bill S. 1639, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. LANGUAGE TRAINING PROGRAMS.
(a) Accreditation Requirement.--Section 101(a)(15)(F)(i) (8
U.S.C. 1101(a)(15)(F)(i) is amended by striking ``a
language'' and inserting ``an accredited language''.
(b) Rulemaking.--Not later than 6 months after the date of
the enactment of this Act, the Secretary shall issue
regulations that--
(1) except as provided under paragraphs (3) and (4),
require that an accredited language training program
described in section 101(a)(15)(F)(i) of the Immigration and
Nationality Act, as amended by subsection (a), be accredited
by the Commission on English Language Program Accreditation,
the Accrediting Council for Continuing Education
[[Page S8625]]
and Training, or under the governance of an institution
accredited by 1 of the 6 regional accrediting agencies;
(2) require that if such an accredited language training
program provides intensive language training, the head of
such program provide the Secretary of Education with
documentation regarding the specific subject matter for which
the program is accredited;
(3) permit an alien admitted as a nonimmigrant under such
section 101(a)(15)(F)(i) to participate in a language
training program, during the 3-year period beginning on the
date of the enactment of this Act, if such program is not
accredited under paragraph (1); and
(4) permit a language training program established after
the date of the enactment of this Act, which is not
accredited under paragraph (1), to qualify as an accredited
language training program under such section 101(a)(15)(F)(i)
during the 3-year period beginning on the date on which such
program is established.
______
SA 1964. Mr. COLEMAN submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
At the end of title VII, add the following:
SEC. 711. WESTERN HEMISPHERE TRAVEL INITIATIVE IMPROVEMENT.
(a) Certifications.--Section 7209(b)(1) of the Intelligence
Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185
note) is amended--
(1) in subparagraph (B)--
(A) in clause (v)--
(i) by striking ``process'' and inserting ``read''; and
(ii) inserting ``at all ports of entry'' after
``installed'';
(B) in clause (vi), by striking ``and'' at the end;
(C) in clause (vii), by striking the period at the end and
inserting a semicolon; and
(D) by adding at the end the following:
``(viii) a pilot program in which not fewer than 1 State
has been initiated and evaluated to determine if an enhanced
driver's license, which is machine-readable and tamper-proof,
not valid for certification of citizenship for any purpose
other than admission into the United States from Canada, and
issued by such State to an individual, may permit the
individual to use the individual's driver's license to meet
the documentation requirements under subparagraph (A) for
entry into the United States from Canada at the land and sea
ports of entry;
``(ix) the report described in subparagraph (C) has been
submitted to the appropriate congressional committees;
``(x) a study has been conducted to determine the number of
passports and passport cards that will be issued as a
consequence of the documentation requirements under
subparagraph (A); and
``(xi) sufficient passport adjudication personnel have been
hired or contracted--
``(I) to accommodate--
``(aa) increased demand for passports as a consequence of
the documentation requirements under subparagraph (A); and
``(bb) a surge in such demand during seasonal peak travel
times; and
``(II) to ensure that the time required to issue a passport
or passport card is not anticipated to exceed 8 weeks.''; and
(2) by adding at the end the following:
``(C) Report.--Not later than 180 days after the initiation
of the pilot program described in subparagraph (B)(viii), the
Secretary of Homeland Security and the Secretary of State
shall submit to the appropriate congressional committees a
report, which includes--
``(i) an analysis of the impact of the pilot program on
national security;
``(ii) recommendations on how to expand the pilot program
to other States;
``(iii) any appropriate statutory changes to facilitate the
expansion of the pilot program to additional States and to
citizens of Canada;
``(iv) a plan to scan individuals participating in the
pilot program against United States terrorist watch lists;
``(v) an evaluation of and recommendations for the type of
machine-readable technology that should be used in enhanced
driver's licenses, based on individual privacy considerations
and the costs and feasibility of incorporating any new
technology into existing driver's licenses;
``(vi) recommendations for improving the pilot program; and
``(vii) an analysis of any cost savings for a citizen of
the United States participating in an enhanced driver's
license program as compared with participating in an
alternative program.''.
(b) Special Rule for Minors.--Section 7209(b) of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding
at the end the following new paragraph:
``(3) Special rule for minors.--Notwithstanding any other
provision of law, the Secretary of Homeland Security shall
permit an individual to enter the United States without
providing any evidence of citizenship if the individual--
``(A)(i) is less than 16 years old;
``(ii) is accompanied by the individual's legal guardian;
``(iii) is entering the United States from Canada or
Mexico;
``(iv) is a citizen of the United States or Canada; and
``(v) provides a birth certificate; or
``(B)(i) is less than 18 years old;
``(ii) is traveling under adult supervision with a public
or private school group, religious group, social or cultural
organization, or team associated with a youth athletics
organization; and
``(iii) provides a birth certificate.''.
(c) Travel Facilitation Initiatives.--Section 7209 of the
Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding
at the end the following new subsections:
``(e) State Driver's License and Identification Card
Enrollment Program.--
``(1) In general.--Notwithstanding any other provision of
law and not later than 180 days after the submission of the
report described in subsection (b)(1)(C), the Secretary of
State and the Secretary of Homeland Security shall issue
regulations to establish a State Driver's License and
Identity Card Enrollment Program as described in this
subsection (hereinafter in this subsection referred to as the
`Program') and which allows the Secretary of Homeland
Security to enter into a memorandum of understanding with an
appropriate official of each State that elects to participate
in the Program.
``(2) Purpose.--The purpose of the Program is to permit a
citizen of the United States who produces a driver's license
or identity card that meets the requirements of paragraph (3)
or a citizen of Canada who produces a document described in
paragraph (4) to enter the United States from Canada by land
or sea without providing any other documentation or evidence
of citizenship.
``(3) Admission of citizens of the united states.--A
driver's license or identity card meets the requirements of
this paragraph if--
``(A) the license or card--
``(i) was issued by a State that is participating in the
Program; and
``(ii) is tamper-proof and machine readable; and
``(B) the State that issued the license or card--
``(i) has a mechanism to verify the United States
citizenship status of an applicant for such a license or
card;
``(ii) does not require an individual to include the
individual's citizenship status on such a license or card;
and
``(iii) manages all information regarding an applicant's
United States citizenship status in the same manner as such
information collected through the United States passport
application process and prohibits any other use or
distribution of such information.
``(4) Admission of citizens of canada.--
``(A) In general.--Notwithstanding any other provision of
law, if the Secretary of State and the Secretary of Homeland
Security determine that an identity document issued by the
Government of Canada or by the Government of a Province or
Territory of Canada meets security and information
requirements comparable to the requirements for a driver's
license or identity card described in paragraph (3), the
Secretary of Homeland Security shall permit a citizen of
Canada to enter the United States from Canada using such a
document without providing any other documentation or
evidence of Canadian citizenship.
``(B) Technology standards.--The Secretary of Homeland
Security shall work, to the maximum extent possible, to
ensure that an identification document issued by Canada that
permits entry into the United States under subparagraph (A)
utilizes technology similar to the technology utilized by
identification documents issued by the United States or any
State.
``(5) Authority to expand.--Notwithstanding any other
provision of law, the Secretary of State and the Secretary of
Homeland Security may expand the Program to permit an
individual to enter the United States--
``(A) from a country other than Canada; or
``(B) using evidence of citizenship other than a driver's
license or identity card described in paragraph (3) or a
document described in paragraph (4).
``(6) Relationship to other requirements.--Nothing in this
subsection shall have the effect of creating a national
identity card or a certification of citizenship for any
purpose other than admission into the United States as
described in this subsection.
``(7) State defined.--In this subsection, the term `State'
means any of the several States of the United States, the
Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, the District of Columbia, Guam,
the Virgin Islands of the United States, or any other
territory or possession of the United States.
``(f) Waiver for Intrastate Travel.--The Secretary of
Homeland Security shall accept a birth certificate as proof
of citizenship for any United States citizen who is traveling
directly from one part of a State to a noncontiguous part of
that State through Canada, if such citizen cannot travel by
land to such part of the State without traveling through
Canada, and such travel in Canada is limited to no more than
2 hours.
``(g) Waiver of Pass Card and Passport Execution Fees.--
``(1) In general.--Notwithstanding any other provision of
law, during the 2-year period beginning on the date on which
the Secretary of Homeland Security publishes a
[[Page S8626]]
final rule in the Federal Register to carry out subsection
(b), the Secretary of State shall--
``(A) designate 1 facility in each city or port of entry
designated under paragraph (2), including a State Department
of Motor Vehicles facility located in such city or port of
entry if the Secretary determines appropriate, in which a
passport or passport card may be procured without an
execution fee during such period; and
``(B) develop not fewer than 6 mobile enrollment teams
that--
``(i) are able to issue passports or other identity
documents issued by the Secretary of State without an
execution fee during such period;
``(ii) are operated along the northern and southern borders
of the United States; and
``(iii) focus on providing passports and other such
documents to citizens of the United States who live in areas
of the United States that are near such an international
border and that have relatively low population density.
``(2) Designation of cities and ports of entry.--The
Secretary of State shall designate cities and ports of entry
for purposes of paragraph (1)(A) as follows:
``(A) The Secretary shall designate not fewer than 3 cities
or ports of entry that are 100 miles or less from the
northern border of the United States.
``(B) The Secretary shall designate not fewer than 3 cities
or ports of entry that are 100 miles or less from the
southern border of the United States.
``(h) Cost-Benefit Analysis.--Prior to publishing a final
rule in the Federal Register to carry out subsection (b), the
Secretary of Homeland Security shall conduct a complete cost-
benefit analysis of carrying out this section. Such analysis
shall include analysis of--
``(1) any potential costs of carrying out this section on
trade, travel, and the tourism industry; and
``(2) any potential savings that would result from the
implementation of the State Driver's License and Identity
Card Enrollment Program established under subsection (e) as
an alternative to passports and passport cards.
``(i) Report.--During the 2-year period beginning on the
date that is the 3 months after the date on which the
Secretary of Homeland Security begins implementation of
subsection (b)(1)--
``(1) the Secretary of Homeland Security shall submit to
the appropriate congressional committees a report not less
than once every 3 months on--
``(A) the average delay at border crossings; and
``(B) the average processing time for a NEXUS card, FAST
card, or SENTRI card; and
``(2) the Secretary of State shall submit to the
appropriate congressional committees a report not less than
once every 3 months on the average processing time for a
passport or passport card.
``(j) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means--
``(1) the Committee on Appropriations, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate; and
``(2) the Committee on Appropriations, the Committee on
Homeland Security, and the Committee on the Judiciary of the
House of Representatives.''.
(d) Sense of Congress Regarding Implementation of the
Western Hemisphere Travel Initiative.--The intent of Congress
in enacting section 546 of the Department of Homeland
Security Appropriations Act, 2007 (Public Law 109-295; 120
Stat. 1386) was to prevent the Secretary of Homeland Security
from implementing the plan described in section 7209(b)(1) of
the Intelligence Reform and Terrorism Prevention Act of 2004
(8 U.S.C. 1185 note) before the earlier of June 1, 2009, or
the date on which the Secretary certifies to Congress that an
alternative travel document, known as a passport card, has
been developed and widely distributed to eligible citizens of
the United States.
(e) Passport Processing Staff Authorities.--
(1) Reemployment of civil service annuitants.--Section
61(a) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2733(a)) is amended--
(A) in paragraph (1), by striking ``To facilitate'' and all
that follows through ``, the Secretary'' and inserting ``The
Secretary''; and
(B) in paragraph (2), by striking ``2008'' and inserting
``2010''.
(2) Reemployment of foreign service annuitants.--Section
824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g))
is amended--
(A) in paragraph (1)(B), by striking ``to facilitate'' and
all that follows through ``Afghanistan,''; and
(B) in paragraph (2), by striking ``2008'' and inserting
``2010''.
(f) Report on Border Infrastructure.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Transportation, in
consultation with the Secretary of Homeland Security, shall
submit to the appropriate congressional committees a report
on the adequacy of the infrastructure of the United States to
manage cross-border travel associated with the NEXUS, FAST,
and SENTRI programs. Such report shall include consideration
of--
(A) the ability of frequent travelers to access dedicated
lanes for such travel;
(B) the total time required for border crossing, including
time spent prior to ports of entry;
(C) the frequency, adequacy of facilities and any
additional delays associated with secondary inspections; and
(D) the adequacy of readers to rapidly read identity
documents of such individuals.
(2) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Appropriations, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate; and
(B) the Committee on Appropriations, the Committee on
Homeland Security, and the Committee on the Judiciary of the
House of Representatives.
______
SA 1965. Mr. STEVENS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. __. ACCESS TO IMMIGRATION SERVICES IN AREAS THAT ARE NOT
ACCESSIBLE BY ROAD.
Notwithstanding any other provision of this Act, the
Secretary shall permit an employee of United States Customs
and Border Protection or United States Immigration and
Customs Enforcement who carries out a function of such
agencies in a geographic area that is not accessible by road
to carry out any function that was performed by an employee
of the Immigration and Naturalization Service in such area
before the date of the enactment of the Homeland Security Act
of 2002 (6 U.S.C. 101 et seq.).
______
SA 1966. Mr. STEVENS submitted an amendment intended to be proposed
by him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
At the appropriate place, insert the following:
SEC. __. ESTABLISHMENT OF A CITIZENSHIP AND IMMIGRATION
SERVICES OFFICE IN FAIRBANKS, ALASKA.
(a) In General.--The Secretary, acting through the Director
for United States Citizenship and Immigration Services, shall
establish an office under the jurisdiction of the Director in
Fairbanks, Alaska, to provide citizenship and immigration
services.
(b) Authorization of Appropriations.--There are authorized
to be appropriated for each fiscal such sums as may be
necessary to carry out this section.
______
SA 1967. Mr. SANDERS (for himself and Mr. Grassley) submitted an
amendment intended to be proposed by him to the bill S. 1639, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:
On page 685, between lines 17 and 18, insert the following:
SEC. 716. H-1B VISA EMPLOYER FEE.
(a) In General.--Section 214(c)(15) of the Immigration and
Nationality Act, as added by section 715 of this Act, is
amended--
(1) in subparagraph (A), by striking ``In each instance
where'' and inserting ``Except as provided under subparagraph
(D), if'';
(2) by amending subparagraph (C) to read as follows:
``(C) Of the amounts collected under this paragraph--
``(i) 85.72 percent shall be deposited in the Treasury in
accordance with section 286(aa); and
``(ii) 14.28 percent shall be deposited in the Treasury in
accordance with section 286(bb).''; and
(3) by adding at the end the following:
``(D) Public hospitals, which are owned and operated by a
State or a political subdivision of a State shall not be
subject to the supplemental fee imposed under this
paragraph.''.
(b) Use of Additional Fee.--Section 286 of the Immigration
and Nationality Act (8 U.S.C. 1356) is amended--
(1) by redesignating subsection (x), as added by section
714 of this Act, as subsection (aa) and moving the
redesignated subsection to the end of section 286; and
(2) by inserting after subsection (aa), as redesignated by
paragraph (1), the following:
``(bb) Gifted and Talented Students Education Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the `Gifted and Talented Students Education Account'. There
shall be deposited as offsetting receipts into the account
14.28 percent of the fees collected under section 214(c)(15).
``(2) Use of fees.--Amounts deposited into the account
established under paragraph (1) shall remain available to the
Secretary of Education until expended for programs and
projects authorized under the Jacob K. Javits Gifted and
Talented Students Education Act of 2001 (20 U.S.C. 7253 et
seq.).''.
______
SA 1968. Mr. SANDERS (for himself and Mr. Grassley) submitted an
[[Page S8627]]
amendment intended to be proposed by him to the bill S. 1639, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:
On page 685, between lines 17 and 18, insert the following:
SEC. 716. H-1B VISA EMPLOYER FEE.
(a) In General.--Section 214(c)(15) of the Immigration and
Nationality Act, as added by section 715 of this Act, is
amended--
(1) in subparagraph (A), by striking ``In each instance
where'' and inserting ``Except as provided under subparagraph
(D), if an employer seeks to hire a merit-based, employer-
sponsored immigrant described in section 203(b)(5), or if'';
(2) by amending subparagraph (C) to read as follows:
``(C) Of the amounts collected under this paragraph--
``(i) 85.72 percent shall be deposited in the Treasury in
accordance with section 286(aa); and
``(ii) 14.28 percent shall be deposited in the Treasury in
accordance with section 286(bb).''; and
(3) by adding at the end the following:
``(D) Public hospitals, which are owned and operated by a
State or a political subdivision of a State shall not be
subject to the supplemental fee imposed under this
paragraph.''.
(b) Use of Additional Fee.--Section 286 of the Immigration
and Nationality Act (8 U.S.C. 1356) is amended--
(1) by redesignating subsection (x), as added by section
714 of this Act, as subsection (aa) and moving the
redesignated subsection to the end of section 286; and
(2) by inserting after subsection (aa), as redesignated by
paragraph (1), the following:
``(bb) Gifted and Talented Students Education Account.--
``(1) In general.--There is established in the general fund
of the Treasury a separate account, which shall be known as
the `Gifted and Talented Students Education Account'. There
shall be deposited as offsetting receipts into the account
14.28 percent of the fees collected under section 214(c)(15).
``(2) Use of fees.--Amounts deposited into the account
established under paragraph (1) shall remain available to the
Secretary of Education until expended for programs and
projects authorized under the Jacob K. Javits Gifted and
Talented Students Education Act of 2001 (20 U.S.C. 7253 et
seq.).''.
______
SA 1969. Mr. NELSON of Florida submitted an amendment intended to be
proposed by him to the bill S. 1639, to provide for comprehensive
immigration reform and for other purposes; which was ordered to lie on
the table; as follows:
SEC.___. DEPLOYMENT OF TECHNOLOGY TO IMPROVE VISA PROCESSING
[NELSON].
Section 222 of the Immigration and Nationality Act (8
U.S.C. 1202) is amended by adding at the end the following:
``(i) Visa Application Interviews.--
``(1) Videoconferencing.--For purposes of subsection (h),
the term `in person interview' includes an interview
conducted by videoconference or similar technology after the
date on which the Secretary of State, in consultation with
the Secretary of Homeland Security, certifies to the
appropriate committees of Congress that security measures and
audit mechanisms have been implemented to ensure that
biometrics collected for a visa applicant during an interview
using videoconference or similar technology are those of the
visa applicant.
``(2) Mobile visa interviews.--The Secretary of State is
authorized to carry out a pilot program to conduct visa
interviews using mobile teams of consular officials after the
date on which the Secretary of State, in consultation with
Secretary of Homeland Security, certifies to the appropriate
committees of Congress that such a pilot program may be
carried out without jeopardizing the integrity of the visa
interview process or the safety and security of consular
officers.
``(3) Appropriate committees of congress.--In this
subsection the term `appropriate committees of Congress'
means--
``(A) the Committee on Foreign Relations, the Committee on
Homeland Security and Governmental Affairs, and the Committee
on the Judiciary of the Senate; and
``(B) the Committee on Foreign Affairs, Committee on
Homeland Security, and the Committee on the Judiciary of the
House of Representatives.''.
______
SA 1970. Mr. NELSON of Florida (for himself and Mr. Martinez)
submitted an amendment intended to be proposed by him to the bill S.
1639, to provide for comprehensive immigration reform and for other
purposes; which was ordered to lie on the table; as follows:
At the end of section 602, add the following:
(b) Special Rule for Haitian Children.--
(1) Adjustment of status.--The status of an alien described
in paragraph (2) shall be adjusted by the Secretary of
Homeland Security under this subsection, if the alien--
(A) applies for such adjustment prior to the date that is
the later of--
(i) 2 years after the date of the enactment of this Act; or
(ii) 1 year after the date on which final regulations
implementing this section are promulgated; and
(B) is otherwise admissible to the United States for
permanent residence, except that, in determining such
admissibility, the grounds for inadmissibility specified in
paragraphs (4), (5), (6)(A), (6)(C)(i), (7)(A), and (9)(B) of
section 212(a) of the Immigration and Nationality Act (8
U.S.C. 1182(a)(4), (5), (6)(A), (6)(C)(i), (7)(A), and
(9)(B)) shall not apply.
(2) Eligible aliens.--An alien described in this paragraph
is an alien--
(A) who is a national of Haiti;
(B) who--
(i) was on October 21, 1998 the child of an alien who--
(I) was a national of Haiti;
(II) was present in the United States on December 31, 1995;
(III) filed for asylum before December 31, 1995; and
(IV) was paroled into the United States prior to December
31, 1995, after having been identified as having a credible
fear of persecution, or paroled for emergent reasons or
reasons deemed strictly in the public interest; or
(ii) was a child (as defined in the text above subparagraph
(A) of section 101(b)(1) of the Immigration and Nationality
Act (8 U.S.C. 1101(b)(1)) at the time of arrival in the
United States and on December 31, 1995, and who--
(I) arrived in the United States without parents in the
United States and has remained without parents in the United
States since such arrival;
(II) became orphaned subsequent to arrival in the United
States; or
(III) was abandoned by parents or guardians prior to April
1, 1998 and has remained abandoned since such abandonment;
and
(IV) has been physically present in the United States for a
continuous period beginning not later than December 31, 1995,
and ending not earlier than the date the application for such
adjustment is filed, except that an alien shall not be
considered to have failed to maintain continuous physical
presence by reason of an absence, or absences, from the
United States for any period or periods amounting in the
aggregate to not more than 180 days; and
(C) applies for such adjustment and is physically present
in the United States on the date the application is filed.
(3) Application submission by parent.--Notwithstanding
paragraphs (1) and (2), an application under such paragraph
filed based on status as a child may be filed for the benefit
of such child by a parent or guardian of the child, if the
child is physically present in the United States on such
filing date.
______
SA 1971. Mr. NELSON of Florida (for himself and Mr. Gregg) submitted
an amendment intended to be proposed by him to the bill S. 1639, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:
In the table on page 526, after line 5, strike
``Employment'' and all that follows through ``Worker's age:
25-39--3 pts'' and insert the following:
------------------------------------------------------------------------
------------------------------------------------------------------------
Employment .................................................... 47
Occupation U.S. employment in Specialty Occupation (DoL
definition) or professional nurse--20 pts
U.S. employment in High Demand Occupation (BLS
largest 10-yr job growth, top 30)
National 16 pts.
interest/
critical
infrastru
cture
U.S. employment in STEM or health occupation,
current for at least 1 year--8 pts (extraordinary
or ordinary)
Employer A U.S. employer willing to pay 50% of LPR
endorseme application fee either 1) offers a job, or 2)
nt attests for a current employee--6 pts
Experience Years of work for U.S. firm or as a licensed
professional nurse for any employer--2 pts/year
(max 10 points)
Age of Worker's age: 25-39--3 pts
worker
------------------------------------------------------------------------
[[Page S8628]]
______
SA 1972. Mr. LAUTENBERG (for himself, Mr. Brownback, Mr. Menendez,
and Mrs. Clinton) submitted an amendment intended to be proposed by him
to the bill S. 1639, to provide for comprehensive immigration reform
and for other purposes; which was ordered to lie on the table; as
follows:
On page 570, between lines 3 and 4, insert the following
new subsection:
(f) Adjustment of Status for Certain Victims of
Terrorism.--
(1) Specified terrorist activity.--In this subsection, the
term ``specified terrorist activity'' means any terrorist
activity conducted against the Government or the people of
the United States on September 11, 2001.
(2) Adjustment of status.--
(A) In general.--The Secretary of Homeland Security shall
adjust the status of any alien described in paragraph (3) to
that of an alien lawfully admitted for permanent residence,
if the alien--
(i) applies for such adjustment not later than 2 years
after the date on which the Secretary establishes procedures
to implement this subsection; and
(ii) is otherwise admissible to the United States for
permanent residence, except in determining such admissibility
the grounds for inadmissibility specified in paragraphs (4),
(5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the
Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not
apply.
(B) Rules in applying certain provisions.--
(i) In general.--In the case of an alien described in
paragraph (3) who is applying for adjustment of status under
this subsection--
(I) the provisions of section 241(a)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply;
and
(II) the Secretary may grant the alien a waiver of the
grounds of inadmissibility under subparagraphs (A) and (C) of
section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
(ii) Standards.--In granting waivers under clause (i)(II),
the Secretary shall use standards used in granting consent
under subparagraphs (A)(iii) and (C)(ii) of such section
212(a)(9).
(C) Relationship of application to certain orders.--
(i) Application permitted.--An alien who is present in the
United States and has been ordered excluded, deported,
removed, or granted voluntary departure from the United
States under any provision of the Immigration and Nationality
Act (8 U.S.C. 1101 et seq.) may, notwithstanding such order
or grant of voluntary departure, apply for adjustment of
status under subparagraph (A).
(ii) Motion not required.--An alien described in clause (i)
may not be required, as a condition of submitting or granting
such application, to file a separate motion to reopen,
reconsider, or vacate such order.
(iii) Effect of decision.--If the Secretary grants an
application under clause (i), the Secretary shall cancel the
order. If the Secretary renders a final administrative
decision to deny the application, the order shall be
effective and enforceable to the same extent as if the
application had not been made.
(3) Aliens eligible for adjustment of status.--Subject to
paragraph (7), the benefits under paragraph (2) shall apply
to any alien who--
(A) was lawfully present in the United States as a
nonimmigrant alien under the immigration laws of the United
States on September 10, 2001;
(B) was, on such date, the spouse, child, dependent son, or
dependent daughter of an alien who--
(i) was lawfully present in the United States as a
nonimmigrant under the immigration laws of the United States
on such date; and
(ii) died as a direct result of a specified terrorist
activity; and
(C) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(4) Stay of removal; work authorization.--
(A) In general.--The Secretary shall establish a process by
which an alien subject to a final order of removal may seek a
stay of such order based on the filing of an application
under paragraph (2).
(B) During certain proceedings.--The Attorney General may
not order any alien to be removed from the United States, if
the alien is in removal proceedings under any provision of
such Act and has applied for adjustment of status under
paragraph (2), unless the Secretary or Attorney General has
rendered a final administrative determination to deny the
application.
(C) Work authorization.--The Secretary shall authorize an
alien who was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note), and who has applied for adjustment of status
under paragraph (2) to engage in employment in the United
States during the pendency of such application.
(5) Availability of administrative review.--Applicants for
adjustment of status under paragraph (2) shall have the same
right to, and procedures for, administrative review as are
provided to--
(A) applicants for adjustment of status under section 245
of the Immigration and Nationality Act (8 U.S.C. 1255); or
(B) aliens subject to removal proceedings under section 240
of such Act (8 U.S.C. 1229a).
(6) Cancellation of removal for certain immigrant victims
of terrorism.--
(A) In general.--Subject to the provisions of the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.)
(other than subsections (b)(1), (d)(1), and (e) of section
240A of such Act (8 U.S.C. 1229b)) and paragraph (7) of this
subsection, the Attorney General shall, under such section
240A, cancel the removal of, and adjust to the status of an
alien lawfully admitted for permanent residence, an alien
described in subparagraph (B), if the alien applies for such
relief.
(B) Aliens eligible for cancellation of removal.--The
benefits provided by subparagraph (A) shall apply to any
alien who--
(i) was, on September 10, 2001, the spouse, child,
dependent son, or dependent daughter of an alien who died as
a direct result of a specified terrorist activity; and
(ii) was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note).
(C) Stay of removal; work authorization.--
(i) In general.--The Secretary shall establish a process to
provide for an alien subject to a final order of removal to
seek a stay of such order based on the filing of an
application under subparagraph (A).
(ii) Work authorization.--The Secretary shall authorize an
alien who was deemed to be a beneficiary of, and by, the
September 11th Victim Compensation Fund of 2001 (49 U.S.C.
40101 note), and who has applied for cancellation of removal
under subparagraph (A) to engage in employment in the United
States during the pendency of such application.
(D) Motions to reopen removal proceedings.--
(i) In general.--On motions to reopen removal proceedings,
any alien who has become eligible for cancellation of removal
as a result of the enactment of this section may file 1
motion to reopen removal proceedings to apply for such
relief.
(ii) Filing period.--The Attorney General shall designate a
specific time period in which all such motions to reopen are
required to be filed. The period shall begin not later than
60 days after the date of the enactment of this Act and shall
extend for a period not to exceed 240 days.
(7) Exceptions.--Notwithstanding any other provision of
this subsection, an alien may not be provided relief under
this subsection if the alien is--
(A) inadmissible under paragraph (2) or (3) of section
212(a) of the Immigration and Nationality Act (8 U.S.C.
1182(a)), or deportable under paragraph (2) or (4) of section
237(a) of such Act (8 U.S.C. 1227(a)), including any
individual culpable for a specified terrorist activity; or
(B) a family member of an alien described in subparagraph
(A).
(8) Evidence of death.--For purposes of this subsection,
the Secretary shall use the standards established under
section 426 of the Uniting and Strengthening America by
Providing Appropriate Tools Required to Intercept and
Obstruct Terrorism (USA PATRIOT Act) Act of 2001 (115 Stat.
362) in determining whether death occurred as a direct result
of a specified terrorist activity.
(9) Process for implementation.--The Secretary and the
Attorney General--
(A) shall carry out this subsection as expeditiously as
possible;
(B) are not required to promulgate regulations before
implementing this subsection; and
(C) shall promulgate procedures to implement this
subsection not later than 180 days after the date of the
enactment of this Act.
(10) Implementation.--No provision of this subsection shall
be subject to section 1 of this Act.
______
SA 1973. Mr. DODD (for himself, Mr. Menendez, and Mr. Reid) submitted
an amendment intended to be proposed by him to the bill S. 1639, to
provide for comprehensive immigration reform and for other purposes;
which was ordered to lie on the table; as follows:
Beginning on page 537, lines 23 and 24, strike ``not to
exceed 40,000'' and all that follows through ``terminated.''
on page 555, line 21, and insert the following: ``not to
exceed 90,000, plus any visas not required for the classes
specified in paragraph (3), or''.
(2) By striking paragraph (2) and inserting the following:
``(2) Spouses or children of an alien lawfully admitted for
permanent residence or a national. Qualified immigrants who
are the spouses or children of an alien lawfully admitted for
permanent residence or a noncitizen national of the United
States as defined in section 101(a)(22)(B) of this Act who is
resident in the United States shall be allocated visas in a
number not to exceed 87,000, plus any visas not required for
the class specified in paragraph (1)''
(3) By striking paragraph (3) and inserting the following:
``(3) Family-based visa petitions filed before january 1,
2007, for which visas will be available before january 1,
2027.--
``(A) In general.--The allocation of immigrant visas
described in paragraph (4) shall apply to an alien for whom--
``(i) a family-based visa petition was filed on or before
January 1, 2007; and
``(ii) as of January 1, 2007, the Secretary of Homeland
Security calculates under subparagraph (B) that a visa can
reasonably be expected to become available before January 1,
2027.
``(B) Reasonable expectation of availability of visas.--In
calculating the date on which a family-based visa can
reasonably be
[[Page S8629]]
expected to become available for an alien described in
subparagraph (A), the Secretary of Homeland Security shall
take into account--
``(i) the number of visas allocated annually for the family
preference class under which the alien's petition was filed;
``(ii) the effect of any per country ceilings applicable to
the alien's petition;
``(iii) the number of petitions filed before the alien's
petition was filed that were filed under the same family
preference class; and
``(iv) the rate at which visas made available in the family
preference class under which the alien's petition was filed
were unclaimed in previous years.
``(4) Allocation of family-based immigrant visas.--
Immigrant visas totaling 440,000 shall be allotted visas as
follows:
``(A) Qualified immigrants who are the unmarried sons or
daughters of citizens of the United States shall be allocated
visas totaling 70,400 immigrant visas, plus any visas not
required for the class specified in (D).
``(B) Qualified immigrants who are the unmarried sons or
unmarried daughters of an alien lawfully admitted for
permanent residence, shall be allocated visas totaling
110,000 immigrant visas, plus any visas not required for the
class specified in (A).
``(C) Qualified immigrants who are the married sons or
married daughters of citizens of the United States shall be
allocated visas totaling 70,400 immigrant visas, plus any
visas not required for the class specified in (A) and (B).
``(D) Qualified immigrants who are the brothers or sisters
of citizens of the United States, if such citizens are at
least 21 years of age, shall be allocated visas totaling
189,200 immigrant visas, plus any visas not required for the
class specified in (A), (B), and (C).''.
(4) By striking paragraph (4).
(d) Petition.--Section 204(a)(1)(A)(i) of the Immigration
and Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) is amended by
striking ``, (3), or (4)'' after ``paragraph (1)''.
(e) Effective Date.--
(1) In general.--The amendments made by this section shall
take effect on the first day of the fiscal year subsequent to
the fiscal year of enactment.
(2) Pending and approved petitions.--Petitions for a
family-sponsored visa filed for classification under section
203(a)(1), (2)(B), (3), or (4) of the Immigration and
Nationality Act (as such provisions existed prior to the
enactment of this section) which were filed before May 1,
2005, regardless of whether the petitions have been approved
before May 1, 2005, shall be treated as if such provision
remained in effect, and an approved petition may be the basis
of an immigrant visa pursuant to section 203(a)(3).
(f) Determinations of Number of Intending Lawful Permanent
Residents.--
(1) Survey of pending and approved family-based
petitions.--The Secretary of Homeland Security may require a
submission from petitioners with approved or pending family-
based petitions filed for classification under section
203(a)(1), (2)(B), (3), or (4) of the Immigration and
Nationality Act (as such provisions existed prior to the
enactment of this section) filed on or before May 1, 2005 to
determine that the petitioner and the beneficiary have a
continuing commitment to the petition for the alien relative
under the classification. In the event the Secretary requires
a submission pursuant to this section, the Secretary shall
take reasonable steps to provide notice of such a
requirement. In the event that the petitioner or beneficiary
is no longer committed to the beneficiary obtaining an
immigrant visa under this classification or if the petitioner
does not respond to the request for a submission, the
Secretary of Homeland Security may deny the petition if the
petition has not been adjudicated or revoke the petition
without additional notice pursuant to section 205 if it has
been approved.
(2) First survey of z nonimmigrants intending to adjust
status.--The Secretary shall establish procedures by which
nonimmigrants described in section 101(a)(15)(Z) who seek to
become aliens lawfully admitted for permanent residence under
the merit-based immigrant system shall establish their
eligibility, pay any applicable fees and penalties, and file
their petitions. No later than the conclusion of the eighth
fiscal year after the effective date of section 218D of the
Immigration and Nationality Act, the Secretary will determine
the total number of qualified applicants who have followed
the procedures set forth in this section. The number
calculated pursuant to this paragraph shall be 20 percent of
the total number of qualified applicants. The Secretary will
calculate the number of visas needed per year.
(3) Second survey of z nonimmigrants intending to adjust
status.--No later than the conclusion of the thirteenth
fiscal year after the effective date of section 218D of the
Immigration and Nationality Act, the Secretary will determine
the total number of qualified applicants not described in
paragraph (2) who have followed the procedures set forth in
this section. The number calculated pursuant to this
paragraph shall be the lesser of:
(A) the number of qualified applicants, as determined by
the Secretary pursuant to this paragraph; and
(B) the number calculated pursuant to paragraph (2).
(g) Conforming Amendments.--
(1) Section 212(d)(12)(B) of the Immigration and
Nationality Act (8 U.S.C. 1182(d)(12)(B)) is amended by
striking ``201(b)(2)(A)'' and inserting ``201(b)(2)'';
(2) Section 101(a)(15)(K) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended by
striking ``201(b)(2)(A)(i)'' and inserting ``201(b)(2)'';
(3) Section 204(a) of the Immigration and Nationality Act
(8 U.S.C. 1154(a)) is amended by striking ``201(b)(2)(A)(i)''
each place it appears and inserting ``201(b)(2)'';
(4) Section 214(r)(3)(A) of the Immigration and Nationality
Act (8 U.S.C. 1184(r)(3)(A)) is amended by striking
``201(b)(2)(A)(i)'' and inserting ``201(b)(2)''.
SEC. 504. CREATION OF PROCESS FOR IMMIGRATION OF FAMILY
MEMBERS IN HARDSHIP CASES.
(a) In General.--The Immigration and Nationality Act (8
U.S.C. 1101 et seq.) is amended by adding a new section 203A
reading:
``SEC. 203A. IMMIGRANT VISAS FOR HARDSHIP CASES.
``(a) In General.--Immigrant visas under this section may
not exceed 5,000 per fiscal year.
``(b) Determination of Eligibility.--The Secretary of
Homeland Security may grant an immigrant visa to an applicant
who satisfies the following qualifications:
``(1) Family relationship.--Visas under this section will
be given to aliens who are:
``(A) the unmarried sons or daughters of citizens of the
United States;
``(B) the unmarried sons or the unmarried daughters of
aliens lawfully admitted for permanent residence;
``(C) the married sons or married daughters of citizens of
the United States; or
``(D) the brothers or sisters of citizens of the United
States, if such citizens are at least 21 years of age,
``(2) Necessary hardship.--The petitioner must demonstrate
to the satisfaction of the Secretary of Homeland Security
that the lack of an immigrant visa under this clause would
result in extreme hardship to the petitioner or the
beneficiary that cannot be relieved by temporary visits as a
nonimmigrant.
``(3) Ineligibility to immigrate through other means.--The
alien described in clause (1) must be ineligible to immigrate
or adjust status through other means, including but not
limited to obtaining an immigrant visa filed for
classification under section 201(b)(2)(A) or section 203(a)
or (b) of this Act, and obtaining cancellation of removal
under section 240A(b) of this Act. A determination under this
section that an alien is eligible to immigrate through other
means does not foreclose or restrict any later determination
on the question of eligibility by the Secretary of Homeland
Security or the Attorney General.
``(c) Processing of Applications.--
``(1) An alien selected for an immigrant visa pursuant to
this section shall remain eligible to receive such visa only
if the alien files an application for an immigrant visa or an
application for adjustment of status within the fiscal year
in which the visa becomes available, or at such reasonable
time as the Secretary may specify after the end of the fiscal
year for petitions approved in the last quarter of the fiscal
year.
``(2) All petitions for an immigrant visa under this
section shall automatically terminate if not granted within
the fiscal year in which they were filed. The Secretary may
in his discretion establish such reasonable application
period or other procedures for filing petitions as he may
deem necessary in order to ensure their orderly processing
within the fiscal year of filing.
``(3) The secretary may reserve up to 2,500 of the
immigrant visas under this section for approval in the period
between March 31 and September 30 of a fiscal year.
``(d) Decisions whether an alien qualifies for an immigrant
visa under this section are in the unreviewable discretion of
the Secretary.''.
SEC. 505. ELIMINATION OF DIVERSITY VISA PROGRAM.
(a) Section 201 of the Immigration and Nationality Act (8
U.S.C. 1151) is amended--
(1) in subsection (a)--
(A) by inserting ``and'' at the end of paragraph (1);
(B) by striking ``; and'' at the end of paragraph (2) and
inserting a period; and
(C) by striking paragraph (3); and
(2) by striking subsection (e).
(b) Section 203 of the Immigration and Nationality Act (8
U.S.C. 1153) is amended--
(1) by striking subsection (c);
(2) in subsection (d), by striking ``(a), (b), or (c),''
and inserting ``(a) or (b),'';
(3) in subsection (e), by striking paragraph (2) and
redesignating paragraph (3) as paragraph (2);
(4) in subsection (f), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''; and
(5) in subsection (g), by striking ``(a), (b), and (c)''
and inserting ``(a) and (b)''.
(c) Section 204 of the Immigration and Nationality Act (8
U.S.C. 1154) is amended--
(1) by striking subsection (a)(1)(I);
(2) by redesignating subparagraphs (J), (K), and (L) of
subsection (a)(1) as subparagraphs (I), (J), and (K),
respectively; and
(3) in subsection (e), by striking ``(a), (b), or (c)'' and
inserting ``(a) or (b)''.
(d) Repeal of Temporary Reduction in Visas for Other
Workers.--Section 203(e) of the Nicaraguan Adjustment and
Central American Relief Act, as amended (Public Law 105-100;
8 U.S.C. 1153 note), is repealed.
(e) Effective Date.--
(1) The amendments made by this section shall take effect
on October 1, 2008;
(2) No alien may receive lawful permanent resident status
based on the diversity visa
[[Page S8630]]
program on or after the effective date of this section.
(f) Conforming Amendments.--Section 203 of the Immigration
and Nationality Act (8 U.S.C. 1153(a)) is amended by
redesignating paragraphs (d), (e), (f), (g), and (h) as
paragraphs (c), (d), (e), (f), and (g), respectively.
SEC. 506. FAMILY VISITOR VISAS.
(a) Section 101(a)(15)(B) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(B)) is amended to read
as follows:
``(B) an alien (other than one coming for the purpose of
study or of performing skilled or unskilled labor or as a
representative of foreign press, radio, film, or other
foreign information media coming to engage in such vocation)
having a residence in a foreign country which he or she has
no intention of abandoning and who is visiting the United
States temporarily for business or temporarily for pleasure.
The requirement that the alien have a residence in a foreign
country which the alien has no intention of abandoning shall
not apply to an alien described in section 214(s) who is
seeking to enter as a temporary visitor for pleasure;''.
(b) Section 214 of the Immigration and Nationality Act (8
U.S.C. 1184) is amended by adding at the end the following
new subsection:
``(s) Parent Visitor Visas.--
``(1) In general.--The parent of a United States citizen at
least 21 years of age, or the spouse or child of an alien in
nonimmigrant status under 101(a)(15)(Y)(i), demonstrating
satisfaction of the requirements of this subsection may be
granted a renewable nonimmigrant visa valid for 3 years for a
visit or visits for an aggregate period not in excess of 180
days in any one year period under section 101(a)(15)(B) as a
temporary visitor for pleasure.
``(2) Requirements.--An alien seeking a nonimmigrant visa
under this subsection must demonstrate through presentation
of such documentation as the Secretary may by regulations
prescribe, that--
``(A) the alien's United States citizen son or daughter who
is at least 21 years of age or the alien's spouse or parent
in nonimmigrant status under 101(a)(15)(Y)(i), is sponsoring
the alien's visit to the United States;
``(B) the sponsoring United States citizen, or spouse or
parent in nonimmigrant status under 101(a)(15)(Y)(i), has,
according to such procedures as the Secretary may by
regulations prescribe, posted on behalf of the alien a bond
in the amount of $1,000, which shall be forfeit if the alien
overstays the authorized period of admission (except as
provided in subparagraph (5)(B)) or otherwise violates the
terms and conditions of his or her nonimmigrant status; and
``(C) the alien, the sponsoring United States citizen son
or daughter, or the spouse or parent in nonimmigrant status
under 101(a)(15)(Y)(i), possesses the ability and financial
means to return the alien to his or her country of residence.
``(3) Terms and conditions.--An alien admitted as a visitor
for pleasure under the provisions of this subsection--
``(A) may not stay in the United States for an aggregate
period in excess of 180 days within any calendar year unless
an extension of stay is granted upon the specific approval of
the district director for good cause;
``(B) must, according to such procedures as the Secretary
may by regulations prescribe, register with the Secretary
upon departure from the United States; and
``(C) may not be issued employment authorization by the
Secretary or be employed.
``(4) Certification.--No later than January 1 of each year,
the Secretary of Homeland Security shall submit a written
report to Congress estimating the percentage of aliens
admitted to the United States during the preceding fiscal
year as visitors for pleasure under the terms and conditions
of this subsection who have remained in the United States
beyond their authorized period of admission (except as
provided in subparagraph (5)(B)). When preparing this report,
the Secretary shall determine which countries, if any, have a
disproportionately high rate of nationals overstaying their
period of authorized admission under this subsection.
``(5) Permanent bars for overstays.--
``(A) In general.--Any alien admitted as a visitor for
pleasure under the terms and conditions of this subsection
who remains in the United States beyond his or her authorized
period of admission is permanently barred from any future
immigration benefits under the immigration laws, except--
``(i) asylum under section 208(a);
``(ii) withholding of removal under section 241(b)(3); or
``(iii) protection under the Convention Against Torture and
Other Cruel, Inhuman or Degrading Treatment or Punishment,
done at New York December 10, 1984.
``(B) Exception.--Overstay of the authorized period of
admission granted to aliens admitted as visitors for pleasure
under the terms and conditions of this subsection may be
excused in the discretion of the Secretary where it is
demonstrated that--
``(i) the period of overstay was due to extraordinary
circumstances beyond the control of the applicant, and the
Secretary finds the period commensurate with the
circumstances; and
``(ii) the alien has not otherwise violated his or her
nonimmigrant status.
``(6) Bar on sponsor of overstay.--The United States
citizen or Y-1 nonimmigrant sponsor of an alien--
``(A) admitted as a visitor for pleasure under the terms
and conditions of this subsection, and
``(B) who remains in the United States beyond his or her
authorized period of admission,
shall be permanently barred from sponsoring that alien for
admission as a visitor for pleasure under the terms and
conditions of this subsection, and, in the case of a Y-1
nonimmigrant sponsor, shall have his Y-1 nonimmigrant status
terminated.
______
SA 1974. Mr. THUNE submitted an amendment intended to be proposed by
him to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
On page 574, line 10, strike ``All documentary evidence''
and all that follows through line 13.
______
SA 1975. Mr. COLEMAN submitted an amendment intended to be proposed
by him to the bill S. 1639, 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. __. SOUTHWEST BORDER EASEMENT FEASIBILITY STUDY.
(a) In General.--The Secretary, in consultation with the
Attorney General and the Commissioner of the United States
Section, International Boundary and Water Commission, shall
conduct a study of the desirability of, and need for, border
enforcement easements between the ports of entry along the
international border between the United States and Mexico to
facilitate the patrolling of such border to deter and detect
illegal entry into the United States.
(b) Identification of Specific Locations.--The study
conducted under this section shall identify--
(1) the specific locations where agents of the United
States Border Patrol lack immediate access to or control of
the border, including any location where authorization by a
third party is required to patrol the border or carry out the
activities described in subsection (c); and
(2) for each such location--
(A) the actions required to create a border enforcement
easement;
(B) the optimal distance from the border to which such
easement should extend and the geographic size of the
easement;
(C) the estimated costs of acquiring the easement and
making the improvements described in subsection (c); and
(D) the changes to existing law that would be required to
carry out such acquisitions and improvements.
(c) Scope and Use of Easement.--Easements studied under
this section shall be considered to provide the United States
Border Patrol with access to and control of land immediately
adjacent to the border described in subsection (a) for--
(1) installing detection equipment;
(2) constructing or improving roads;
(3) controlling vegetation;
(4) installing fences or other obstacles; and
(5) carrying out such other activities as may be required
to patrol the border and deter or detect illegal entry.
(d) Report.--Not later than December 1, 2008, the Secretary
shall submit a report containing the results of the study
conducted under this section to--
(1) the Committee on Homeland Security and Governmental
Affairs of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Appropriations of the Senate;
(4) the Committee on Homeland Security of the House of
Representatives;
(5) the Committee on the Judiciary of the House of
Representatives; and
(6) the Committee on Appropriations of the House of
Representatives.
SEC. __. REGISTRATION OF ALIENS; NOTICES OF CHANGE OF
ADDRESS.
(a) Registration Required for Work Authorization.--Section
262 of the Immigration and Nationality Act (8 U.S.C. 1302) is
amended by adding at the end the following:
``(d) The Secretary of Homeland Security shall verify that
each alien applying for work authorization under this Act has
registered under this section and has complied with the
requirements under subsections (a)(1), (a)(2), and (b) of
section 265 before approving such application.''.
(b) Annual Notification.--Section 265(a) of such Act (8
U.S.C. 1305(a)) is amended by striking ``(a) Each alien'' and
inserting the following:
``(a) In General.--
``(1) Annual notification.--Each alien required to be
registered under this title who is within the United States
on the first day of January of any year shall, not later than
30 days following such date, notify the Secretary of Homeland
Security in writing of the current address of the alien and
furnish such additional information as the Secretary may
prescribe by regulation. Failure to comply with this
paragraph shall disqualify an alien from being approved for
work authorization under this Act.
``(2) Notification if absent on january 1.--Each alien
required to be registered under this title who is temporarily
absent from the United States on the first day of January of
any year shall, not later than 10 days after date on which
the alien returns to the United States, provide the Secretary
of Homeland
[[Page S8631]]
Security with the information described in paragraph (1).
``(3) New address.--Each alien''.
(c) Treatment of Change of Address Form as Registration
Document.--Section 265 of such Act (8 U.S.C. 1305), as
amended by subsection (b), is further amended by adding at
the end the following:
``(d) Treatment as Registration Document.--For purposes of
this chapter, any notice of change of address submitted by an
alien under this section shall be treated as a registration
document under section 262.''.
(d) Technical Amendments.--Section 266 of such Act (8
U.S.C. 1306) is amended--
(1) by striking ``Attorney General'' each place it appears
and inserting ``Secretary of Homeland Security'';
(2) by striking subsection (b); and
(3) by redesignating subsection (c) and (d) as subsections
(b) and (c), respectively.
SEC. __. ADDITIONAL TECHNOLOGICAL ASSETS.
There are authorized to be appropriated such sums as may be
necessary to lease 6 additional aircraft and 12 busses for
the purpose of achieving operational control of the borders
of the United States.
______
SA 1973. Mr. MARTINEZ submitted an amendment intended to be proposed
to amendment SA 1906 submitted by Mr. Chambliss and intended to be
proposed to the bill S. 1639, to provide for comprehensive immigration
reform and for other purposes; which was ordered to lie on the table;
as follows:
At the end of amendment No. 1906, insert the following:
SEC. 711. INTERNATIONAL REGISTERED TRAVELER PROGRAM.
Section 7208(k)(3) of the Intelligence Reform and Terrorism
Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to
read as follows:
``(3) International registered traveler program.--
``(A) In general.--The Secretary of Homeland Security shall
establish an international registered traveler program that
incorporates available technologies, such as biometrics and
e-passports, and security threat assessments to expedite the
screening and processing of international travelers,
including United States Citizens and residents, who enter and
exit the United States. The program shall be coordinated with
the US-VISIT program, other pre-screening initiatives, and
the Visa Waiver Program within the Department of Homeland
Security.
``(B) Fees.--The Secretary may impose a fee for the program
established under subparagraph (A) and may modify such fee
from time to time. The fee may not exceed the aggregate costs
associated with the program and shall be credited to the
Department of Homeland Security for purposes of carrying out
the international registered traveler program. Amounts so
credited shall remain available until expended.
``(C) Rulemaking.--Within 365 days after the date of
enactment of the Secure Borders, Economic Opportunity and
Immigration Reform Act of 2007, the Secretary shall initiate
a rulemaking to establish the program, criteria for
participation, and the fee for the program.
``(D) Implementation.--Not later than 1 year after the date
of enactment of the Secure Borders, Economic Opportunity and
Immigration Reform Act of 2007, the Secretary shall establish
a phased-implementation of a biometric-based international
registered traveler program in conjunction with the US-VISIT
entry and exit system, other pre-screening initiatives, and
the Visa Waiver Program within the Department of Homeland
Security at United States airports with the highest volume of
international travelers.
``(E) Participation.--The Secretary shall ensure that the
international registered traveler program includes as many
participants as practicable by--
``(i) establishing a reasonable cost of enrollment;
``(ii) making program enrollment convenient and easily
accessible; and
``(iii) providing applicants with clear and consistent
eligibility guidelines.
______
SA 1977. Mr. ENSIGN submitted an amendment intended to be proposed to
amendment SA 1934 (Division XI) proposed by Mr. Reid (for Mr. Kennedy
(for himself and Mr. Specter)) to the bill S. 1639, to provide for
comprehensive immigration reform and for other purposes; which was
ordered to lie on the table; as follows:
At the end of division 11, add the following:
SEC. __. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO
ENUMERATION OR FOR ANY PERIOD WITHOUT WORK
AUTHORIZATION.
(a) Repeal.--Section 607 of this Act is repealed and the
amendments made by such section are null and void.
(b) Insured Status.--Section 214 of the Social Security Act
(42 U.S.C. 414) is amended by adding at the end the
following:
``(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
enactment 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). Nothing in this subsection may be construed
as establishing an effective date for purposes of this
section.''.
(c) 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:
``(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).''.
(d) Effective Date.--The amendments made by this section
shall be effective as of the date of the enactment of this
Act.
______
SA 1978. Mr. KENNEDY proposed an amendment to amendment SA 1934
proposed by Mr. Reid (for Mr. Kennedy (for himself and Mr. Specter)) to
the bill S. 1639, to provide for comprehensive immigration reform and
for other purposes; as follows:
At the end of the amendment add the following:
This section shall take effect one day after the date of
enactment.
____________________