S.Amdt. 2345

TEXT OF AMENDMENTS

SA 2331. Mr. BUNNING submitted an amendment intended to be proposed
by him to the bill H.R. 2669, to provide for reconciliation pursuant to
section 601 of the concurrent resolution on the budget for fiscal year
2008; which was ordered to lie on the table; as follows:

At the appropriate place insert the following:

SEC. __. REPEAL OF 1993 INCOME TAX INCREASE ON SOCIAL
SECURITY BENEFITS.

(a) Restoration of Prior Law Formula.--Subsection (a) of
section 86 (relating to social security and tier 1 railroad
retirement benefits) is amended to read as follows:
``(a) In General.--Gross income for the taxable year of any
taxpayer described in subsection (b) (notwithstanding section
207 of the Social Security Act) includes social security
benefits in an amount equal to the lesser of--
``(1) one-half of the social security benefits received
during the taxable year, or
``(2) one-half of the excess described in subsection
(b)(1).''.
(b) Repeal of Adjusted Base Amount.--Subsection (c) of
section 86 is amended to read as follows:
``(c) Base Amount.--For purposes of this section, the term
`base amount' means--
``(1) except as otherwise provided in this subsection,
$25,000,
``(2) $32,000 in the case of a joint return, and
``(3) zero in the case of a taxpayer who--
``(A) is married as of the close of the taxable year
(within the meaning of section 7703) but does not file a
joint return for such year, and
``(B) does not live apart from his spouse at all times
during the taxable year.''.
(c) Conforming Amendments.--
(1) Subparagraph (A) of section 871(a)(3) is amended by
striking ``85 percent'' and inserting ``50 percent''.
(2)(A) Subparagraph (A) of section 121(e)(1) of the Social
Security Amendments of 1983 (Public Law 98-21) is amended--
(i) by striking ``(A) There'' and inserting ``There'';
(ii) by striking ``(i)'' immediately following ``amounts
equivalent to''; and
(iii) by striking ``, less (ii)'' and all that follows and
inserting a period.
(B) Paragraph (1) of section 121(e) of such Act is amended
by striking subparagraph (B).
(C) Paragraph (3) of section 121(e) of such Act is amended
by striking subparagraph (B) and by redesignating
subparagraph (C) as subparagraph (B).
(D) Paragraph (2) of section 121(e) of such Act is amended
in the first sentence by striking ``paragraph (1)(A)'' and
inserting ``paragraph (1)''.
(d) Effective Dates.--
(1) In general.--Except as otherwise provided in this
subsection, the amendments made by this section shall apply
to taxable years beginning after December 31, 2007.
(2) Subsection (c)(1).--The amendment made by subsection
(c)(1) shall apply to benefits paid after December 31, 2007.
(3) Subsection (c)(2).--The amendments made by subsection
(c)(2) shall apply to tax liabilities for taxable years
beginning after December 31, 2007.

SEC. __. MAINTENANCE OF TRANSFERS TO HOSPITAL INSURANCE TRUST
FUND.

There are hereby appropriated to the Federal Hospital
Insurance Trust Fund established under section 1817 of the
Social Security Act (42 U.S.C. 1395i) amounts equal to the
reduction in revenues to the Treasury by reason of the
enactment of this Act. Amounts appropriated by the preceding
sentence shall be transferred from the general fund at such
times and in such manner as to replicate to the extent
possible the transfers which would have occurred to such
Trust Fund had this Act not been enacted.
______

SA 2332. Mr. BUNNING (for himself and Mr. DeMint) submitted an
amendment intended to be proposed by him to the bill H.R. 2669, to
provide for reconciliation pursuant to section 601 of the concurrent
resolution on the budget for fiscal year 2008; which was ordered to lie
on the table; as follows:

At the appropriate place insert the following:

SEC. _. REPEAL OF APPLICABILITY OF SUNSET OF THE ECONOMIC
GROWTH AND TAX RELIEF RECONCILIATION ACT OF
2001 WITH RESPECT TO ADOPTION CREDIT AND
ADOPTION ASSISTANCE PROGRAMS.

Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 is amended by adding at the end
the following new subsection:
``(c) Exception.--Subsection (a) shall not apply to the
amendments made by section 202 (relating to expansion of
adoption credit and adoption assistance programs).''.
______

SA 2333. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to
provide for reconciliation pursuant to section 601 of the concurrent
resolution on the budget for fiscal year 2008; as follows:

Strike section 401 of the Higher Education Access Act of
2007.
______

SA 2334. Mr. COLEMAN (for himself, Mr. Inhofe, Mr. DeMint, Mr. Thune,
Mr. McConnell, Mr. Cornyn, Mr. Isakson, Mr. Allard, Mr. Craig, Mr.
Lugar, Mr. Roberts, Mr. Graham, Mrs. Hutchison, Mr. Cochran, Mr. Hagel,
Mr. Gregg, Mr. Ensign, Mr. McCain, Mr. Bennett, Mrs. Dole, Mr.
Brownback, Mr. Alexander, Mr. Crapo, Mr. Bunning, Mr. Corker, and Mr.
Bond) submitted an amendment intended to be proposed to amendment SA
2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for
reconciliation pursuant to section 601 of the concurrent resolution on
the budget for fiscal year 2008; as follows:

At the end of the bill, insert the following:

SEC. ____. FAIRNESS DOCTRINE PROHIBITED.

(a) Short Title.--This section may be cited as the
``Broadcaster Freedom Act of 2007''.
(b) Fairness Doctrine Prohibited.--Title III of the
Communications Act of 1934 is amended by inserting after
section 303 (47 U.S.C. 303) the following new section:

``SEC. 303A. LIMITATION ON GENERAL POWERS: FAIRNESS DOCTRINE.

``Notwithstanding section 303 or any other provision of
this Act or any other Act authorizing the Commission to
prescribe rules, regulations, policies, doctrines, standards,
or other requirements, the Commission shall not have the
authority to prescribe any rule, regulation, policy,
doctrine, standard, or other requirement that has the purpose
or effect of reinstating or repromulgating (in whole or in
part) the requirement that broadcasters present opposing
viewpoints on controversial issues of public importance,
commonly referred to as the `Fairness Doctrine', as repealed
in General Fairness Doctrine Obligations of Broadcast
Licensees, 50 Fed. Reg. 35418 (1985).''.
______

SA 2335. Mr. BIDEN submitted an amendment intended to be proposed by
him to the bill H.R. 1585, to authorize appropriations for fiscal year
2008 for military activities of the Department of Defense, for military
construction, and for defense activities of the Department of Energy,
to prescribe military personnel strengths for such fiscal year, and for
other purposes; which was ordered to lie on the table; as follows:

At the end of subtitle C of title XV, add the following:

SEC. 1535. IMPROVISED EXPLOSIVE DEVICE AND EXPLOSIVELY FORMED
PENETRATOR PROTECTION FOR MILITARY VEHICLES.

(a) Procurement of Additional Mine Resistant Ambush
Protected Vehicles.--
(1) Additional amount for marine corps procurement.--The
amount authorized to be appropriated by section 1502(b) for
procurement for the Marine Corps is hereby increased by
$23,600,000,000.
(2) Availability for procurement of additional mrap
vehicles.--Of the amount authorized to be appropriated by
section 1502(b)

[[Page S9627]]

for procurement for the Marine Corps, as increased by
paragraph (1), $23,600,000,000 may be available for the
Marine Corps as program manager for the Army for the
procurement of 15,200 Mine Resistant Ambush Protected (MRAP)
Vehicles for the Army.
(b) Additional Costs of Current Procurement of Mine
Resistant Ambush Protected Vehicles.--
(1) Additional amount for marine corps procurement.--The
amount authorized to be appropriated by section 1502(b) for
procurement for the Marine Corps is hereby increased by
$1,000,000,000.
(2) Availability for additional costs of current
procurement of mrap vehicles.--Of the amount authorized to be
appropriated by section 1502(b) for procurement for the
Marine Corps, as increased by paragraph (1), $1,000,000,000
may be available for the Marine Corps as program manager for
the on-going procurement of 7,774 Mine Resistant Ambush
Protected Vehicles for the Armed Forces.
(c) Highly Survivable Urban Vehicles.--
(1) Additional amount for other procurement, army.--The
amount authorized to be appropriated by section 1501(5) for
other procurement for the Army is hereby increased by
$200,000,000.
(2) Availability for highly survivable urban vehicles.--Of
the amount authorized to be appropriated by section 1501(5)
for other procurement for the Army, as increased by paragraph
(1), $200,000,000 may be available for the Army Rapid
Equipping Forces for the Ballistic Protection Experiment
(BPE) program for Highly Survivable Urban Vehicles.
(d) Additional Vehicle-Based Explosively Formed Penetrator
Protection.--
(1) Additional amount for joint improvised explosive device
defeat fund.--The amount authorized to be appropriated by
section 1510 for the Joint Improvised Explosive Device Defeat
Fund is hereby increased by $200,000,000.
(2) Availability for additional vehicle-based explosively
formed penetrator protection.--Of the amount authorized to be
appropriated by section 1510 for the Joint Improvised
Explosive Device Defeat Fund, as increased by paragraph (1),
$200,000,000 may be available for other initiatives to field
vehicle-based explosively formed penetrator protection.
(e) Report.--Not later than 30 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report setting
forth such recommendations for legislative or administrative
action as the Secretary considers appropriate to accelerate
the procurement and deployment of improvised explosive device
vehicle protection and explosively former penetrator vehicle
protection.
______

SA 2336. Mr. BROWN submitted an amendment intended to be proposed by
him to the bill S. 1642, to extend the authorization of programs under
the Higher Education Act of 1965, and for other purposes; which was
ordered to lie on the table; as follows:

At the end of title IV of the bill, add the following:

PART H--FEDERAL SUPPLEMENTAL LOAN PROGRAM

SEC. 499. FEDERAL SUPPLEMENTAL LOAN PROGRAM.

Title IV (20 U.S.C. 1070 et seq.) is further amended by
adding at the end the following:

``SEC. 499B. FEDERAL SUPPLEMENTAL LOAN PROGRAM.

``(a) Program Authorized.--The Secretary shall carry out a
Federal Supplemental Loan Program in accordance with this
section.
``(b) Eligible Individuals.--An individual shall be
eligible to receive a loan under this section if such
individual attends an institution of higher education on a
full-time basis as an undergraduate or graduate student.
``(c) Fixed Interest Rate Loans and Variable Interest Rate
Loans.--
``(1) In general.--Beginning with academic year 2008-2009,
the Secretary shall make fixed interest rate loans and
variable interest rate loans to eligible individuals under
this section to enable such individuals to pursue their
courses of study at institutions of higher education on a
full-time basis.
``(2) Fixed interest rate loans.--With respect to a fixed
interest rate loan made under this section, the applicable
rate of interest on the principal balance of the loan shall
be set by the Secretary at the lowest rate for the borrower
that will result in no net cost to the Federal Government
over the life of the loan.
``(3) Variable interest rate loans.--With respect to a
variable interest rate loan made under this section, the
applicable rate of interest shall, during any 12-month period
beginning on July 1 and ending on June 30, be determined on
the preceding June 1 and be equal to--
``(A) the bond equivalent rate of 91-day Treasury bills
auctioned at the final auction held prior to such June 1;
plus
``(B) a margin determined on an annual basis by the
Secretary to result in the lowest rate for the borrower that
will result in no net cost to the Federal Government over the
life of the loan.
``(d) Maximum Loan Amount.--
``(1) In general.--The Secretary shall make a loan under
this section in any amount up to the maximum amount described
in paragraph (2).
``(2) Maximum amount.--For an eligible individual, the
maximum amount shall be calculated by subtracting from the
estimated cost of attendance for such individual to attend
the institution of higher education, any amount of financial
aid awarded to the eligible individual and any loan amount
for which the individual is eligible, but does not receive
such amount, pursuant to the subsidized loan program
established under section 428 and the unsubsidized loan
program established under section 428H.
``(e) Cosigners.--The Secretary shall offer to eligible
individuals both fixed interest rate loans and variable
interest rate loans under this section with the option of
having a cosigner or not having a cosigner.
``(f) Repayment.--The Secretary shall offer a borrower of a
loan made under this section the same repayment plans the
Secretary offers under section 455(d) for Federal Direct
Loans.
``(g) Consolidation.--A borrower of a loan made under this
section may consolidate such loan with Federal Direct Loans
made under part D.
``(h) Disclosures and Cooling Off Period.--
``(1) Disclosures.--The Secretary shall provide disclosures
to each borrower of a loan made under this section that are
not less than as protective as the disclosures required under
the Truth in Lending Act (15 U.S.C. 1601 et seq.), including
providing a description of the terms, fees, and annual
percentage rate with respect to the loan before signing the
promissory note.
``(2) Cooling off period.--With respect to loans made under
this section, the Secretary shall provide a cooling off
period for the borrower of not less than 10 business days
during which an individual may rescind consent to borrow
funds pursuant to this section.
``(i) Discretion to Alter.--The Secretary may design or
alter the loan program under this section with features
similar to those offered by private lenders as part of loans
financing postsecondary education.''.
______

SA 2337. Mr. NELSON of Nebraska (for himself and Mr. Burr) submitted
an amendment intended to be proposed to amendment SA 2327 proposed by
Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation
pursuant to section 601 of the concurrent resolution on the budget for
fiscal year 2008; as follows:

Beginning on page 5, strike line 13 and all that follows
through page 27, line 18, and insert the following:
``(A) $1,670,000,000 for fiscal year 2008;
``(B) $2,060,000,000 for fiscal year 2009;
``(C) $2,460,000,000 for fiscal year 2010;
``(D) $2,880,000,000 for fiscal year 2011;
``(E) $2,970,000,000 for fiscal year 2012;
``(F) $360,000,000 for fiscal year 2013;
``(G) $3,080,000,000 for fiscal year 2014;
``(H) $3,140,000,000 for fiscal year 2015;
``(I) $3,190,000,000 for fiscal year 2016; and
``(J) $3,270,000,000 for fiscal year 2017.
``(2) Availability of funds.--Funds appropriated under
paragraph (1) for a fiscal year shall remain available
through the last day of the fiscal year immediately
succeeding the fiscal year for which the funds are
appropriated.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect on July 1, 2008.

TITLE II--STUDENT LOAN BENEFITS, TERMS, AND CONDITIONS

SEC. 201. DEFERMENTS.

(a) FISL.--Section 427(a)(2)(C)(iii) (20 U.S.C.
1077(a)(2)(C)(iii)) is amended by striking ``3 years'' and
inserting ``6 years''.
(b) Interest Subsidies.--Section 428(b)(1)(M)(iv) (20
U.S.C. 1078(b)(1)(M)(iv)) is amended by striking ``3 years''
and inserting ``6 years''.
(c) Direct Loans.--Section 455(f)(2)(D) (20 U.S.C.
1087e(f)(2)(D)) is amended by striking ``3 years'' and
inserting ``6 years''.
(d) Perkins.--Section 464(c)(2)(A)(iv) (20 U.S.C.
1087dd(c)(2)(A)(iv)) is amended by striking ``3 years'' and
inserting ``6 years''.
(e) Effective Date and Applicability.--The amendments made
by this section shall take effect on July 1, 2008, and shall
only apply with respect to the loans made to a borrower of a
loan under title IV of the Higher Education Act of 1965 who
obtained the borrower's first loan under such title prior to
October 1, 2012.

SEC. 202. STUDENT LOAN DEFERMENT FOR CERTAIN MEMBERS OF THE
ARMED FORCES.

(a) Federal Family Education Loans.--Section
428(b)(1)(M)(iii) (20 U.S.C. 1078(b)(1)(M)(iii)) is amended--
(1) in the matter preceding subclause (I), by striking
``not in excess of 3 years'';
(2) in subclause (II), by striking ``; or'' and inserting a
comma; and
(3) by adding at the end the following:
``and for the 180-day period following the demobilization
date for the service described in subclause (I) or (II);
or''.
(b) Direct Loans.--Section 455(f)(2)(C) (20 U.S.C.
1087e(f)(2)(C)) is amended--
(1) in the matter preceding clause (i), by striking ``not
in excess of 3 years'';
(2) in clause (ii), by striking ``; or'' and inserting a
comma; and
(3) by adding at the end the following:
``and for the 180-day period following the demobilization
date for the service described in clause (i) or (ii); or''.
(c) Perkins Loans.--Section 464(c)(2)(A)(iii) (20 U.S.C.
1087dd(c)(2)(A)(iii)) is amended--
(1) in the matter preceding subclause (I), by striking
``not in excess of 3 years'';

[[Page S9628]]

(2) in subclause (II), by striking the semicolon and
inserting a comma; and
(3) by adding at the end the following:
``and for the 180-day period following the demobilization
date for the service described in subclause (I) or (II);''.
(d) Applicability.--Section 8007(f) of the Higher Education
Reconciliation Act of 2005 (20 U.S.C. 1078 note) is amended
by striking ``loans for which'' and all that follows through
the period at the end and inserting ``all loans under title
IV of the Higher Education Act of 1965.''.
(e) Effective Date.--The amendments made by this section
shall take effect on July 1, 2008.

SEC. 203. INCOME-BASED REPAYMENT PLANS.

(a) FFEL.--Section 428 (as amended by sections 201(b) and
202(a)) (20 U.S.C. 1078) is further amended--
(1) in subsection (b)--
(A) in paragraph (1)--
(i) in subparagraph (D), by striking ``income contingent''
and inserting ``income-based''; and
(ii) in subparagraph (E)(i), by striking ``income-
sensitive'' and inserting ``income-based''; and
(B) by striking clause (iii) of paragraph (9)(A) and
inserting the following:
``(iii) an income-based repayment plan, with parallel
terms, conditions, and benefits as the income-based repayment
plan described in subsections (e) and (d)(1)(D) of section
455, except that--

``(I) the plan described in this clause shall not be
available to a borrower of an excepted PLUS loan (as defined
in section 455(e)(10)) or of a loan made under 428C that
includes an excepted PLUS loan;
``(II) in lieu of the process of obtaining Federal income
tax returns and information from the Internal Revenue
Service, as described in section 455(e)(1), the borrower
shall provide the lender with a copy of the Federal income
tax return and return information for the borrower (and, if
applicable, the borrower's spouse) for the purposes described
in section 455(e)(1), and the lender shall determine the
repayment obligation on the loan, in accordance with the
procedures developed by the Secretary;
``(III) in lieu of the requirements of section 455(e)(3),
in the case of a borrower who chooses to repay a loan made,
insured, or guaranteed under this part pursuant to income-
based repayment and for whom the adjusted gross income is
unavailable or does not reasonably reflect the borrower's
current income, the borrower shall provide the lender with
other documentation of income that the Secretary has
determined is satisfactory for similar borrowers of loans
made under part D;
``(IV) the Secretary shall pay any interest due and not
paid for under the repayment schedule described in section
455(e)(4) for a loan made, insured, or guaranteed under this
part in the same manner as the Secretary pays any such
interest under section 455(e)(6) for a Federal Direct
Stafford Loan;
``(V) the Secretary shall assume the obligation to repay an
outstanding balance of principal and interest due on all
loans made, insured, or guaranteed under this part (other
than an excepted PLUS Loan or a loan under section 428C that
includes an excepted PLUS loan), for a borrower who satisfies
the requirements of subparagraphs (A) and (B) of section
455(e)(7), in the same manner as the Secretary cancels such
outstanding balance under section 455(e)(7); and
``(VI) in lieu of the notification requirements under
section 455(e)(8), the lender shall notify a borrower of a
loan made, insured, or guaranteed under this part who chooses
to repay such loan pursuant to income-based repayment of the
terms and conditions of such plan, in accordance with the
procedures established by the Secretary, including
notification that--

``(aa) the borrower shall be responsible for providing the
lender with the information necessary for documentation of
the borrower's income, including income information for the
borrower's spouse (as applicable); and
``(bb) if the borrower considers that special circumstances
warrant an adjustment, as described in section 455(e)(8)(B),
the borrower may contact the lender, and the lender shall
determine whether such adjustment is appropriate, in
accordance with the criteria established by the Secretary;
and'';
(2) in subsection (e)--
(A) in the subsection heading, by striking ``Income-
Sensitive'' and inserting ``Income-Based'';
(B) in paragraph (1)--
(i) by striking ``income-sensitive repayment'' and
inserting ``income-based repayment''; and
(ii) by inserting ``and for the public service loan
forgiveness program under section 455(m), in accordance with
section 428C(b)(5)'' before the semicolon; and
(C) in paragraphs (2) and (3), by striking ``income-
sensitive'' each place the term occurs and inserting
``income-based''; and
(3) in subsection (m)--
(A) in the subsection heading, by striking ``Income
Contingent'' and inserting ``Income-Based'';
(B) in paragraph (1), by striking ``income contingent
repayment plan'' and all that follows through the period at
the end and inserting ``income-based repayment plan as
described in subsection (b)(9)(A)(iii) and section
455(d)(1)(D).''; and
(C) in the paragraph heading of paragraph (2), by striking
``income contingent'' and inserting ``income-based''.
(b) Consolidation Loans.--Section 428C (20 U.S.C. 1078-3)
is amended--
(1) in subsection (a)(3)(B)(i)(V), by striking ``for the
purposes of obtaining an income contingent repayment plan,''
and inserting ``for the purpose of using the public service
loan forgiveness program under section 455(m),'';
(2) in subsection (b)(5)--
(A) in the first sentence, by striking ``, or is unable to
obtain a consolidation loan with income-sensitive repayment
terms acceptable to the borrower from such a lender,'' and
inserting ``, or chooses to obtain a consolidation loan for
the purposes of using the public service loan forgiveness
program offered under section 455(m),''; and
(B) in the second sentence, by striking ``income contingent
repayment under part D of this title'' and inserting
``income-based repayment''; and
(3) in subsection (c)--
(A) in paragraph (2)(A)--
(i) in the first sentence, by striking ``of graduated or
income-sensitive repayment schedules, established by the
lender in accordance with the regulations of the Secretary.''
and inserting ``of graduated repayment schedules, established
by the lender in accordance with the regulations of the
Secretary, and income-based repayment schedules, established
pursuant to regulations by the Secretary.''; and
(ii) in the second sentence, by striking ``Except as
required'' and all that follows through ``subsection
(b)(5),'' and inserting ``Except as required by such income-
based repayment schedules,''; and
(B) in paragraph (3)(B), by striking ``income contingent
repayment offered by the Secretary under subsection (b)(5)''
and inserting ``income-based repayment''.
(c) Direct Loans.--Section 455 (as amended by sections
201(c) and 202(b)) (20 U.S.C. 1087e) is further amended--
(1) in subsection (d)--
(A) in paragraph (1)(D)--
(i) by striking ``income contingent repayment plan'' and
inserting ``income-based repayment plan''; and
(ii) by striking ``a Federal Direct PLUS loan'' and
inserting ``an excepted PLUS loan or any Federal Direct
Consolidation Loan that includes an excepted PLUS loan (as
defined in subsection (e)(10))''; and
(B) in paragraph (5)(B), by striking ``income contingent''
and inserting ``income-based''; and
(2) in subsection (e)--
(A) in the subsection heading, by striking ``Income
Contingent'' and inserting ``Income-Based'';
(B) in paragraphs (1), (2), and (3), by striking ``income
contingent'' each place the term appears and inserting
``income-based'';
(C) in paragraph (4)--
(i) by striking ``Income contingent'' and inserting
``Income-based''; and
(ii) by striking ``Secretary.'' and inserting ``Secretary,
except that the monthly required payment under such schedule
shall not exceed 15 percent of the result obtained by
calculating the amount by which--
``(A) the borrower's adjusted gross income; exceeds
``(B) 150 percent of the poverty line applicable to the
borrower's family size, as determined under section 673(2) of
the Community Service Block Grant Act,
divided by 12.'';
(D) in paragraph (5), by striking ``income contingent'' and
inserting ``income-based'';
(E) by redesignating paragraph (6) as paragraph (8);
(F) by inserting after paragraph (5) the following:
``(6) Treatment of interest.--In the case of a Federal
Direct Stafford Loan, any interest due and not paid for under
paragraph (2) shall be paid by the Secretary.
``(7) Loan forgiveness.--The Secretary shall cancel the
obligation to repay an outstanding balance of principal and
interest due on all loans made under this part, or assume the
obligation to repay an outstanding balance of principal and
interest due on all loans made, insured, or guaranteed under
part B, (other than an excepted PLUS Loan, or any Federal
Direct Consolidation Loan or loan under section 428C that
includes an excepted PLUS loan) to a borrower who--
``(A) makes the election under this subsection or under
section 428(b)(9)(A)(iii); and
``(B) for a period of time prescribed by the Secretary not
to exceed 25 years (including any period during which the
borrower is in deferment due to an economic hardship
described in section 435(o)), meets 1 of the following
requirements with respect to each payment made during such
period:
``(i) Has made the payment under this subsection or section
428(b)(9)(A)(iii).
``(ii) Has made the payment under a standard repayment plan
under section 428(b)(9)(A)(i) or 455(d)(1)(A).
``(iii) Has made a payment that counted toward the maximum
repayment period under income-sensitive repayment under
section 428(b)(9)(A)(iii) or income contingent repayment
under section 455(d)(1)(D), as each such section was in
effect on June 30, 2008.
``(iv) Has made a reduced payment of not less than the
amount required under subsection (e), pursuant to a
forbearance agreement under section 428(c)(3)(A)(i) for a
borrower described in 428(c)(3)(A)(i)(II).'';
(G) in the matter preceding subparagraph (A) of paragraph
(8) (as redesignated by subparagraph (E)), by striking
``income contingent'' and inserting ``income-based''; and

[[Page S9629]]

(H) by adding at the end the following:
``(9) Return to standard repayment.--A borrower who is
repaying a loan made under this part pursuant to income-based
repayment may choose, at any time, to terminate repayment
pursuant to income-based repayment and repay such loan under
the standard repayment plan.
``(10) Definition of excepted plus loan.--In this
subsection, the term `excepted PLUS loan' means a Federal
Direct PLUS loan or a loan under section 428B that is made,
insured, or guaranteed on behalf of a dependent student.''.
(d) Conforming Amendments and Technical Corrections.--The
Act (20 U.S.C. 1001 et seq.) is further amended--
(1) in section 427(a)(2)(H) (20 U.S.C. 1077(a)(2)(H))--
(A) by striking ``or income-sensitive''; and
(B) by inserting ``or income-based repayment schedule
established pursuant to regulations by the Secretary'' before
the semicolon at the end; and
(2) in section 455(d)(1)(C) (20 U.S.C. 1087e(d)(1)(C)), by
striking ``428(b)(9)(A)(v)'' and inserting
``428(b)(9)(A)(iv)''.
(e) Transition Provision.--A student who, as of June 30,
2008, elects to repay a loan under part B or part D of the
Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a
et seq.) through an income-sensitive repayment plan under
section 428(b)(9)(A)(iii) of such Act (20 U.S.C.
1078(b)(9)(A)(iii)) or an income contingent repayment plan
under section 455(d)(1)(D) of such Act (20 U.S.C.
1087e(d)(1)(D)) (as each such section was in effect on the
day before the date of enactment of this Act) shall have the
option to continue repayment under such section (as such
section was in effect on such day), or may elect, beginning
on July 1, 2008, to use the income-based repayment plan under
section 428(b)(9)(A)(iii) or 455(d)(1)(D) (as applicable) of
the Higher Education Act of 1965, as amended by this section.
(f) Effective Date and Applicability.--The amendments made
by this section shall take effect on July 1, 2008, and shall
only apply with respect to a borrower of a loan under title
IV of the Higher Education Act of 1965 who obtained the
borrower's first loan under such title prior to October 1,
2012.

TITLE III--FEDERAL FAMILY EDUCATION LOAN PROGRAM

SEC. 301. REDUCTION OF LENDER INSURANCE PERCENTAGE.

(a) Amendment.--Section 428(b)(1)(G) (20 U.S.C.
1078(b)(1)(G)) is amended--
(1) in the matter preceding clause (i), by striking
``insures 98 percent'' and inserting ``insures 97 percent'';
(2) in clause (i), by inserting ``and'' after the
semicolon;
(3) by striking clause (ii); and
(4) by redesignating clause (iii) as clause (ii).
(b) Effective Date.--The amendment made by subsection (a)
shall take effect with respect to loans made on or after
October 1, 2007.

SEC. 302. GUARANTY AGENCY COLLECTION RETENTION.

Clause (ii) of section 428(c)(6)(A) (20 U.S.C.
1078(c)(6)(A)(ii)) is amended to read as follows:
``(ii) an amount equal to 24 percent of such payments for
use in accordance with section 422B, except that--
``(I) beginning October 1, 2003 and ending September 30,
2007, this subparagraph shall be applied by substituting `23
percent' for `24 percent'; and
``(II) beginning October 1, 2007, this subparagraph shall
be applied by substituting `16 percent' for `24 percent'.''.

SEC. 303. ELIMINATION OF EXCEPTIONAL PERFORMER STATUS FOR
LENDERS.

(a) Elimination of Status.--Part B of title IV (20 U.S.C.
1071 et seq.) is amended by striking section 428I (20 U.S.C.
1078-9).
(b) Conforming Amendments.--Part B of title IV is further
amended--
(1) in section 428(c)(1) (20 U.S.C. 1078(c)(1))--
(A) by striking subparagraph (D); and
(B) by redesignating subparagraphs (E) through (H) as
subparagraphs (D) through (G), respectively; and
(2) in section 438(b)(5) (20 U.S.C. 1087-1(b)(5)), by
striking the matter following subparagraph (B).
(c) Effective Date.--The amendments made by subsections (a)
and (b) shall take effect on October 1, 2007, except that
section 428I of the Higher Education Act of 1965 (as in
effect on the day before the date of enactment of this Act)
shall apply to eligible lenders that received a designation
under subsection (a) of such section prior to October 1,
2007, for the remainder of the year for which the designation
was made.

SEC. 304. DEFINITIONS.

(a) Amendments.--Section 435(o)(1) (20 U.S.C. 1085(o)(1))
is amended--
(1) in subparagraph (A)(ii), by striking ``100 percent of
the poverty line for a family of 2'' and inserting ``150
percent of the poverty line applicable to the borrower's
family size''; and
(2) in subparagraph (B)(ii), by striking ``to a family of
two'' and inserting ``to the borrower's family size''.
(b) Applicability.--The amendment made by subsection (a)
shall only apply with respect to any borrower of a loan under
title IV of the Higher Education Act of 1965 who obtained the
borrower's first loan under such title prior to October 1,
2012.

SEC. 305. SPECIAL ALLOWANCES.

(a) Reduction of Lender Special Allowance Payments.--
Section 438(b)(2)(I) (20 U.S.C. 1087-1(b)(2)(I)) is amended--
(1) in clause (i), by striking ``(iii), and (iv)'' and
inserting ``(iii), (iv), and (vi)''; and
(2) by adding at the end the following:
``(vi) Reduction for loans disbursed on or after october 1,
2007.--With respect to a loan on which the applicable
interest rate is determined under section 427A(l) and for
which the first disbursement of principal is made on or after
October 1, 2007, the special allowance payment computed
pursuant to this subparagraph shall be computed--

``(I) by substituting `1.39 percent' for `1.74 percent' in
clause (ii);
``(II) by substituting `1.99 percent' for `2.34 percent'
each place it appears in this subparagraph;
``(III) by substituting `1.99 percent' for `2.64 percent'
in clause (iii); and
``(IV) by substituting `2.29 percent' for `2.64 percent' in
clause (iv).''.

______

SA 2338. Mr. COLEMAN (for himself and Ms. Landrieu) proposed an
amendment to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R.
2669, to provide for reconciliation pursuant to section 601 of the
concurrent resolution on the budget for fiscal year 2008; as follows:

In section 480(d)(1)(B) of the Higher Education Act of 1965
(as amended by section 604(2) of the Higher Education Access
Act of 2007), insert ``when the individual was 13 years of
age or older'' after ``or was in foster care''.
______

SA 2339. Mr. CORNYN (for himself and Mr. Enzi, Mr. Gregg, Mr. Smith,
Mr. Sununu, Mr. Coleman, and Mr. Voinovich) submitted an amendment
intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to
the bill H.R. 2669, to provide for reconciliation pursuant to section
601 of the concurrent resolution on the budget for fiscal year 2008; as
follows:

At the appropriate place, insert the following:

SEC. __. EMPLOYMENT-BASED VISAS.

(a) Recapture of Unused Employment-Based Immigrant Visas.--
Section 106(d) of the American Competitiveness in the Twenty-
first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153
note) is amended--
(1) in paragraph (1)--
(A) by inserting ``1994, 1996, 1997, 1998,'' after
``available in fiscal year'';
(B) by striking ``or 2004'' and inserting ``2004, or
2006''; and
(C) by striking ``be available'' and all that follows and
inserting the following: ``be available only to--
``(A) employment-based immigrants under paragraphs (1),
(2), and (3) of section 203(b) of the Immigration and
Nationality Act (8 U.S.C. 1153(b));
``(B) the family members accompanying or following to join
such employment-based immigrants under section 203(d) of such
Act; and
``(C) those immigrant workers who had petitions approved
based on Schedule A, Group I under section 656.5 of title 20,
Code of Federal Regulations, as promulgated by the Secretary
of Labor.''; and
(2) in paragraph (2)--
(A) in subparagraph (A), by striking ``1999 through 2004''
and inserting ``1994, 1996 through 1998, 2001 through 2004,
and 2006''; and
(B) in subparagraph (B), by amending clause (ii) to read as
follows:
``(ii) Distribution of visas.--The total number of visas
made available under paragraph (1) from unused visas from
fiscal years 1994, 1996 through 1998, 2001 through 2004, and
2006 shall be distributed as follows:
``(I) The total number of visas made available for
immigrant workers who had petitions approved based on
Schedule A, Group I under section 656.5 of title 20, Code of
Federal Regulations, as promulgated by the Secretary of Labor
shall be 61,000.
``(II) The visas remaining from the total made available
under subclause (I) shall be allocated equally among
employment-based immigrants with approved petitions under
paragraph (1), (2), or (3) of section 203(b) of the
Immigration and Nationality Act (and their family members
accompanying or following to join).''.
(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the
Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is
amended--
(1) in clause (vi), by striking ``and'' at the end;
(2) by redesignating clause (vii) as clause (ix); and
(3) by inserting after clause (vi) the following:
``(vii) 65,000 in each of fiscal years 2004 through 2007;
``(viii) 115,000 in fiscal year 2008; and''.
______

SA 2340. Ms. COLLINS (for herself, Mr. Kyl, Mr. Lieberman, and Mr.
Warner) submitted an amendment intended to be proposed to amendment SA
2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for
reconciliation pursuant to section 601 of the concurrent resolution on
the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

[[Page S9630]]

SEC. __. IMMUNITY FOR REPORTS OF SUSPICIOUS BEHAVIOR AND
RESPONSE.

(a) Immunity for Reports of Suspicious Behavior.--
(1) In general.--Any person who, in good faith and based on
objectively reasonable suspicion, makes, or causes to be
made, a voluntary report of covered activity to an authorized
official shall be immune from civil liability under Federal,
State, and local law for such report.
(2) False reports.--Paragraph (1) shall not apply to any
report that the person knew to be false at the time that
person made that report.
(b) Immunity for Response.--
(1) In general.--Any authorized official who observes, or
receives a report of, covered activity and takes reasonable
action to respond to such activity shall be immune from civil
liability under Federal, State, and local law for such
action.
(2) Savings clause.--Nothing in this subsection shall
affect the ability of any authorized official to assert any
defense, privilege, or immunity that would otherwise be
available, and this subsection shall not be construed as
affecting any such defense, privilege, or immunity.
(c) Attorney Fees and Costs.--Any person or authorized
official found to be immune from civil liability under this
section shall be entitled to recover from the plaintiff all
reasonable costs and attorney fees.
(d) Definitions.--In this section:
(1) Authorized official.--The term ``authorized official''
means--
(A) any employee or agent of a mass transportation system;
(B) any officer, employee, or agent of the Department of
Homeland Security, the Department of Transportation, or the
Department of Justice;
(C) any Federal, State, or local law enforcement officer;
or
(D) any transportation security officer.
(2) Covered activity.--The term ``covered activity'' means
any suspicious transaction, activity, or occurrence
indicating that an individual may be engaging, or preparing
to engage, in--
(A) a violent act or act dangerous to human life that is a
violation of the criminal laws of the United States or of any
State, or that would be such a violation if committed within
the jurisdiction of the United States or any State; or
(B) an act of terrorism (as that term is defined in section
3077 of title 18, United States Code) that involves, or is
directed against, a mass transportation system or vehicle or
its passengers.
(3) Mass transportation.--The term ``mass
transportation''--
(A) has the meaning given to that term in section
5302(a)(7) of title 49, United States Code; and
(B) includes--
(i) school bus, charter, or intercity bus transportation;
(ii) intercity passenger rail transportation;
(iii) sightseeing transportation;
(iv) a passenger vessel as that term is defined in section
2101(22) of title 46, United States Code;
(v) other regularly scheduled waterborne transportation
service of passengers by vessel of at least 20 gross tons;
and
(vi) air transportation as that term is defined in section
40102 of title 49, United States Code.
(4) Mass transportation system.--The term ``mass
transportation system'' means an entity or entities organized
to provide mass transportation using vehicles, including the
infrastructure used to provide such transportation.
(5) Vehicle.--The term ``vehicle'' has the meaning given to
that term in section 1992(16) of title 18, United States
Code.
(e) Effective Date.--This section shall take effect on
November 20, 2006, and shall apply to all activities and
claims occurring on or after such date.
______

SA 2341. Mr. SUNUNU submitted an amendment intended to be proposed to
amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to
provide for reconciliation pursuant to section 601 of the concurrent
resolution on the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. ___. PERMANENT EXTENSION OF CERTAIN EDUCATION-RELATED
TAX INCENTIVES.

Title IX of the Economic Growth and Tax Relief
Reconciliation Act of 2001 (relating to sunset of provisions
of such Act) shall not apply to title IV of such Act
(relating to affordable education provisions).
______

SA 2342. Mr. SESSIONS submitted an amendment intended to be proposed
to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to
provide for reconciliation pursuant to section 601 of the concurrent
resolution on the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. _. ADJUSTMENTS TO INDIVIDUAL ALTERNATIVE MINIMUM TAX.

(a) Allowance of Deduction for Personal Exemptions Against
Individual Alternative Minimum Tax.--
(1) In general.--Section 56(b)(1)(E) of the Internal
Revenue Code of 1986 (relating to standard deduction and
deduction for personal exemptions) is amended by striking ``,
the deduction for personal exemptions under section 151, and
the deduction under section 642(b)''.
(2) Clerical amendment.--The heading for section
56(b)(1)(E) is amended by striking ``and deduction for
personal exemptions''.
(3) Effective date.--The amendments made by this subsection
shall apply to taxable years beginning after December 31,
2006.
(b) Adjustment for Inflation of Individual Alternative
Minimum Tax Exemption Amount.--Section 55(d) of the Internal
Revenue Code of 1986 (relating to exemption amount) is
amended by adding at the end the following new paragraph:
``(4) Adjustments for inflation.--In the case of a taxable
year beginning after December 31, 2007, each of the dollar
amounts in paragraphs (1) and (3) shall be increased by an
amount equal to--
``(A) such dollar amount, multiplied by
``(B) the cost-of-living adjustment determined under
section (1)(f)(3) for the calendar year in which the taxable
year begins, determined by substituting `calendar year 2006'
for `calendar year 1992' in subparagraph (B) thereof.
If any amount as adjusted under the preceding sentence is not
a multiple of $10, such amount shall be rounded to the
nearest multiple of $10.''.
______

SA 2343. Mr. SESSIONS submitted an amendment intended to be proposed
by him to the bill H.R. 2669, to provide for reconciliation pursuant to
section 601 of the concurrent resolution on the budget for fiscal year
2008; which was ordered to lie on the table; as follows:

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

[[Page S9631]]

(A) in paragraph (3), by striking ``and'' at the end;
(B) by redesignating paragraph (4) as paragraph (5); and
(C) by inserting after paragraph (3) the following:
``(4) acquire, collect, classify, and preserve records of
violations of the immigration laws of the United States;
and''.
(d)
______

SA 2344. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to
provide for reconciliation pursuant to section 601 of the concurrent
resolution on the budget for fiscal year 2008; as follows:

At the end, add the following:

TITLE IX--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS

SEC. 901. SHORT TITLE.

This title may be cited as the ``John R. Justice
Prosecutors and Defenders Incentive Act of 2007''.

SEC. 902. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.

Title I of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting
after part II (42 U.S.C. 3797cc et seq.) the following:

``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS

``SEC. 3001. GRANT AUTHORIZATION.

``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as
prosecutors and public defenders.
``(b) Definitions.--In this section:
``(1) Prosecutor.--The term `prosecutor' means a full-time
employee of a State or local agency who--
``(A) is continually licensed to practice law; and
``(B) prosecutes criminal or juvenile delinquency cases at
the State or local  level (including supervision, education,
or training of other persons prosecuting such cases).
``(2) Public defender.--The term `public defender' means an
attorney who--
``(A) is continually licensed to practice law; and
``(B) is--
``(i) a full-time employee of a State or local agency who
provides legal representation to indigent persons in criminal
or juvenile delinquency cases (including supervision,
education, or training of other persons providing such
representation);
``(ii) a full-time employee of a nonprofit organization
operating under a contract with a State or unit of local
government, who devotes substantially all of his or her full-
time employment to providing legal representation to indigent
persons in criminal or juvenile delinquency cases, (including
supervision, education, or training of other persons
providing such representation); or
``(iii) employed as a full-time Federal defender attorney
in a defender organization established pursuant to subsection
(g) of section 3006A of title 18, United States Code, that
provides legal representation to indigent persons in criminal
or juvenile delinquency cases.
``(3) Student loan.--The term `student loan' means--
``(A) a loan made, insured, or guaranteed under part B of
title IV of the Higher Education Act of 1965 (20 U.S.C. 1071
et seq.);
``(B) a loan made under part D or E of title IV of the
Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and
1087aa et seq.); and
``(C) a loan made under section 428C or 455(g) of the
Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g))
to the extent that such loan was used to repay a Federal
Direct Stafford Loan, a Federal Direct Unsubsidized Stafford
Loan, or a loan made under section 428 or 428H of such Act.
``(c) Program Authorized.--The Attorney General shall
establish a program by which the Department of Justice shall
assume the obligation to repay a student loan, by direct
payments on behalf of a borrower to the holder of such loan,
in accordance with subsection (d), for any borrower who--
``(1) is employed as a prosecutor or public defender; and
``(2) is not in default on a loan for which the borrower
seeks forgiveness.
``(d) Terms of Agreement.--
``(1) In general.--To be eligible to receive repayment
benefits under subsection (c), a borrower shall enter into a
written agreement that specifies that--
``(A) the borrower will remain employed as a prosecutor or
public defender for a required period of service of not less
than 3 years, unless involuntarily separated from that
employment;
``(B) if the borrower is involuntarily separated from
employment on account of misconduct, or voluntarily separates
from employment, before the end of the period specified in
the agreement, the borrower will repay the Attorney General
the amount of any benefits received by such employee under
this section;
``(C) if the borrower is required to repay an amount to the
Attorney General under subparagraph (B) and fails to repay
such amount, a sum equal to that amount shall be recoverable
by the Federal Government from the employee (or such
employee's estate, if applicable) by such methods as are
provided by law for the recovery of amounts owed to the
Federal Government;
``(D) the Attorney General may waive, in whole or in part,
a right of recovery under this subsection if it is shown that
recovery would be against equity and good conscience or
against the public interest; and
``(E) the Attorney General shall make student loan payments
under this section for the period of the agreement, subject
to the availability of appropriations.
``(2) Repayments.--
``(A) In general.--Any amount repaid by, or recovered from,
an individual or the estate of an individual under this
subsection shall be credited to the appropriation account
from which the amount involved was originally paid.
``(B) Merger.--Any amount credited under subparagraph (A)
shall be merged with other sums in such account and shall be
available for the same purposes and period, and subject to
the same limitations, if any, as the sums with which the
amount was merged.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan repayments
made by the Attorney General under this section shall be made
subject to such terms, limitations, or conditions as may be
mutually agreed upon by the borrower and the Attorney General
in an agreement under paragraph (1), except that the amount
paid by the Attorney General under this section shall not
exceed--
``(i) $10,000 for any borrower in any calendar year; or
``(ii) an aggregate total of $60,000 in the case of any
borrower.
``(B) Beginning of payments.--Nothing in this section shall
authorize the Attorney General to pay any amount to reimburse
a borrower for any repayments made by such borrower prior to
the date on which the Attorney General entered into an
agreement with the borrower under this subsection.
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Attorney General may, subject to paragraph (2), enter
into an additional agreement in accordance with subsection
(d).
``(2) Term.--An agreement entered into under paragraph (1)
may require the borrower to remain employed as a prosecutor
or public defender for less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--Subject to paragraph (2), the Attorney
General shall provide repayment benefits under this section--
``(A) giving priority to borrowers who have the least
ability to repay their loans, except that the Attorney
General shall determine a fair allocation of repayment
benefits among prosecutors and public defenders, and among
employing entities nationwide; and
``(B) subject to the availability of appropriations.
``(2) Priority.--The Attorney General shall give priority
in providing repayment benefits under this section in any
fiscal year to a borrower who--
``(A) received repayment benefits under this section during
the preceding fiscal year; and
``(B) has completed less than 3 years of the first required
period of service specified for the borrower in an agreement
entered into under subsection (d).
``(g) Regulations.--The Attorney General is authorized to
issue such regulations as may be necessary to carry out the
provisions of this section.
``(h) Study.--Not later than 1 year after the date of
enactment of this section, the Government Accountability
Office shall study and report to Congress on the impact of
law school accreditation requirements and other factors on
law school costs and access, including the impact of such
requirements on racial and ethnic minorities.
``(i) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$25,000,000 for fiscal year 2008 and such sums as may be
necessary for each succeeding fiscal year.''.
______

SA 2345. Mr. DURBIN (for himself, Mr. Hagel, and Mrs. Clinton)
submitted an amendment intended to be proposed to amendment SA 2327
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for
reconciliation pursuant to section 601 of the concurrent resolution on
the budget for fiscal year 2008; which was ordered to lie on the table;
as follows:

At the end, add the following:

TITLE V--DREAM ACT OF 2007

SEC. 501. SHORT TITLE.

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

SEC. 502. DEFINITIONS.

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

SEC. 503. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY
FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

(a) In General.--Section 505 of the Illegal Immigration
Reform and Immigrant Responsibility Act of 1996 (8 U.S.C.
1623) is repealed.
(b) Effective Date.--The repeal under subsection (a) shall
take effect as if included

[[Page S9632]]

in the enactment of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (division C of Public
Law 104-208; 110 Stat. 3009-546).

SEC. 504. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF
CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE
UNITED STATES AS CHILDREN.

(a) Special Rule for Certain Long-Term Residents Who
Entered the United States as Children.--
(1) In general.--Notwithstanding any other provision of law
and except as otherwise provided in this title, the Secretary
of Homeland Security may cancel removal of, and adjust to the
status of an alien lawfully admitted for permanent residence,
subject to the conditional basis described in section 505, an
alien who is inadmissible or deportable from the United
States, if the alien demonstrates that--
(A) the alien has been physically present in the United
States for a continuous period of not less than 5 years
immediately preceding the date of enactment of this title,
and had not yet reached the age of 16 years at the time of
initial entry;
(B) the alien has been a person of good moral character
since the time of application;
(C) the alien--
(i) is not inadmissible under paragraph (2), (3), (6)(E),
or (10)(C) of section 212(a) of the Immigration and
Nationality Act (8 U.S.C. 1182(a)); and
(ii) is not deportable under paragraph (1)(E), (2), or (4)
of section 237(a) of the Immigration and Nationality Act (8
U.S.C. 1227(a));
(D) the alien, at the time of application, has been
admitted to an institution of higher education in the United
States, or has earned a high school diploma or obtained a
general education development certificate in the United
States; and
(E) the alien has never been under a final administrative
or judicial order of exclusion, deportation, or removal,
unless the alien--
(i) has remained in the United States under color of law
after such order was issued; or
(ii) received the order before attaining the age of 16
years.
(2) Waiver.--Notwithstanding paragraph (1), the Secretary
of Homeland Security may waive the ground of ineligibility
under section 212(a)(6)(E) of the Immigration and Nationality
Act and the ground of deportability under paragraph (1)(E) of
section 237(a) of that Act for humanitarian purposes or
family unity or when it is otherwise in the public interest.
(3) Procedures.--The Secretary of Homeland Security shall
provide a procedure by regulation allowing eligible
individuals to apply affirmatively for the relief available
under this subsection without being placed in removal
proceedings.
(b) Termination of Continuous Period.--For purposes of this
section, any period of continuous residence or continuous
physical presence in the United States of an alien who
applies for cancellation of removal under this section shall
not terminate when the alien is served a notice to appear
under section 239(a) of the Immigration and Nationality Act
(8 U.S.C. 1229(a)).
(c) Treatment of Certain Breaks in Presence.--
(1) In general.--An alien shall be considered to have
failed to maintain continuous physical presence in the United
States under subsection (a) if the alien has departed from
the United States for any period in excess of 90 days or for
any periods in the aggregate exceeding 180 days.
(2) Extensions for exceptional circumstances.--The
Secretary of Homeland Security may extend the time periods
described in paragraph (1) if the alien demonstrates that the
failure to timely return to the United States was due to
exceptional circumstances. The exceptional circumstances
determined sufficient to justify an extension should be no
less compelling than serious illness of the alien, or death
or serious illness of a parent, grandparent, sibling, or
child.
(d) Exemption From Numerical Limitations.--Nothing in this
section may be construed to apply a numerical limitation on
the number of aliens who may be eligible for cancellation of
removal or adjustment of status under this section.
(e) Regulations.--
(1) Proposed regulations.--Not later than 180 days after
the date of enactment of this title, the Secretary of
Homeland Security shall publish proposed regulations
implementing this section. Such regulations shall be
effective immediately on an interim basis, but are subject to
change and revision after public notice and opportunity for a
period for public comment.
(2) Interim, final regulations.--Within a reasonable time
after publication of the interim regulations in accordance
with paragraph (1), the Secretary of Homeland Security shall
publish final regulations implementing this section.
(f) Removal of Alien.--The Secretary of Homeland Security
may not remove any alien who has a pending application for
conditional status under this title.

SEC. 505. CONDITIONAL PERMANENT RESIDENT STATUS.

(a) In General.--
(1) Conditional basis for status.--Notwithstanding any
other provision of law, and except as provided in section
506, an alien whose status has been adjusted under section
504 to that of an alien lawfully admitted for permanent
residence shall be considered to have obtained such status on
a conditional basis subject to the provisions of this
section. Such conditional permanent resident status shall be
valid for a period of 6 years, subject to termination under
subsection (b).
(2) Notice of requirements.--
(A) At time of obtaining permanent residence.--At the time
an alien obtains permanent resident status on a conditional
basis under paragraph (1), the Secretary of Homeland Security
shall provide for notice to the alien regarding the
provisions of this section and the requirements of subsection
(c) to have the conditional basis of such status removed.
(B) Effect of failure to provide notice.--The failure of
the Secretary of Homeland Security to provide a notice under
this paragraph--
(i) shall not affect the enforcement of the provisions of
this title with respect to the alien; and
(ii) shall not give rise to any private right of action by
the alien.
(b) Termination of Status.--
(1) In general.--The Secretary of Homeland Security shall
terminate the conditional permanent resident status of any
alien who obtained such status under this title, if the
Secretary determines that the alien--
(A) ceases to meet the requirements of subparagraph (B) or
(C) of section 504(a)(1);
(B) has become a public charge; or
(C) has received a dishonorable or other than honorable
discharge from the uniformed services.
(2) Return to previous immigration status.--Any alien whose
conditional permanent resident status is terminated under
paragraph (1) shall return to the immigration status the
alien had immediately prior to receiving conditional
permanent resident status under this title.
(c) Requirements of Timely Petition for Removal of
Condition.--
(1) In general.--In order for the conditional basis of
permanent resident status obtained by an alien under
subsection (a) to be removed, the alien must file with the
Secretary of Homeland Security, in accordance with paragraph
(3), a petition which requests the removal of such
conditional basis and which provides, under penalty of
perjury, the facts and information so that the Secretary may
make the determination described in paragraph (2)(A).
(2) Adjudication of petition to remove condition.--
(A) In general.--If a petition is filed in accordance with
paragraph (1) for an alien, the Secretary of Homeland
Security shall make a determination as to whether the alien
meets the requirements set out in subparagraphs (A) through
(E) of subsection (d)(1).
(B) Removal of conditional basis if favorable
determination.--If the Secretary determines that the alien
meets such requirements, the Secretary shall notify the alien
of such determination and immediately remove the conditional
basis of the status of the alien.
(C) Termination if adverse determination.--If the Secretary
determines that the alien does not meet such requirements,
the Secretary shall notify the alien of such determination
and terminate the conditional permanent resident status of
the alien as of the date of the determination.
(3) Time to file petition.--An alien may petition to remove
the conditional basis to lawful resident status during the
period beginning 180 days before and ending 2 years after
either the date that is 6 years after the date of the
granting of conditional permanent resident status or any
other expiration date of the conditional permanent resident
status as extended by the Secretary of Homeland Security in
accordance with this title. The alien shall be deemed in
conditional permanent resident status in the United States
during the period in which the petition is pending.
(d) Details of Petition.--
(1) Contents of petition.--Each petition for an alien under
subsection (c)(1) shall contain information to permit the
Secretary of Homeland Security to determine whether each of
the following requirements is met:
(A) The alien has demonstrated good moral character during
the entire period the alien has been a conditional permanent
resident.
(B) The alien is in compliance with section 504(a)(1)(C).
(C) The alien has not abandoned the alien's residence in
the United States. The Secretary shall presume that the alien
has abandoned such residence if the alien is absent from the
United States for more than 365 days, in the aggregate,
during the period of conditional residence, unless the alien
demonstrates that alien has not abandoned the alien's
residence. An alien who is absent from the United States due
to active service in the uniformed services has not abandoned
the alien's residence in the United States during the period
of such service.
(D) The alien has completed at least 1 of the following:
(i) The alien has acquired a degree from an institution of
higher education in the United States or has completed at
least 2 years, in good standing, in a program for a
bachelor's degree or higher degree in the United States.
(ii) The alien has served in the uniformed services for at
least 2 years and, if discharged, has received an honorable
discharge.
(E) The alien has provided a list of each secondary school
(as that term is defined in

[[Page S9633]]

section 9101 of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 7801)) that the alien attended in the United
States.
(2) Hardship exception.--
(A) In general.--The Secretary of Homeland Security may, in
the Secretary's discretion, remove the conditional status of
an alien if the alien--
(i) satisfies the requirements of subparagraphs (A), (B),
and (C) of paragraph (1);
(ii) demonstrates compelling circumstances for the
inability to complete the requirements described in paragraph
(1)(D); and
(iii) demonstrates that the alien's removal from the United
States would result in exceptional and extremely unusual
hardship to the alien or the alien's spouse, parent, or child
who is a citizen or a lawful permanent resident of the United
States.
(B) Extension.--Upon a showing of good cause, the Secretary
of Homeland Security may extend the period of conditional
resident status for the purpose of completing the
requirements described in paragraph (1)(D).
(e) Treatment of Period for Purposes of Naturalization.--
For purposes of title III of the Immigration and Nationality
Act (8 U.S.C. 1401 et seq.), in the case of an alien who is
in the United States as a lawful permanent resident on a
conditional basis under this section, the alien shall be
considered to have been admitted as an alien lawfully
admitted for permanent residence and to be in the United
States as an alien lawfully admitted to the United States for
permanent residence. However, the conditional basis must be
removed before the alien may apply for naturalization.

SEC. 506. RETROACTIVE BENEFITS.

If, on the date of enactment of this title, an alien has
satisfied all the requirements of subparagraphs (A) through
(E) of section 504(a)(1) and section 505(d)(1)(D), the
Secretary of Homeland Security may adjust the status of the
alien to that of a conditional resident in accordance with
section 504. The alien may petition for removal of such
condition at the end of the conditional residence period in
accordance with section 505(c) if the alien has met the
requirements of subparagraphs (A), (B), and (C) of section
505(d)(1) during the entire period of conditional residence.

SEC. 507. EXCLUSIVE JURISDICTION.

(a) In General.--The Secretary of Homeland Security shall
have exclusive jurisdiction to determine eligibility for
relief under this title, except where the alien has been
placed into deportation, exclusion, or removal proceedings
either prior to or after filing an application for relief
under this title, in which case the Attorney General shall
have exclusive jurisdiction and shall assume all the powers
and duties of the Secretary until proceedings are terminated,
or if a final order of deportation, exclusion, or removal is
entered the Secretary shall resume all powers and duties
delegated to the Secretary under this title.
(b) Stay of Removal of Certain Aliens Enrolled in Primary
or Secondary School.--The Attorney General shall stay the
removal proceedings of any alien who--
(1) meets all the requirements of subparagraphs (A), (B),
(C), and (E) of section 504(a)(1);
(2) is at least 12 years of age; and
(3) is enrolled full time in a primary or secondary school.
(c) Employment.--An alien whose removal is stayed pursuant
to subsection (b) may be engaged in employment in the United
States consistent with the Fair Labor Standards Act (29
U.S.C. 201 et seq.) and State and local laws governing
minimum age for employment.
(d) Lift of Stay.--The Attorney General shall lift the stay
granted pursuant to subsection (b) if the alien--
(1) is no longer enrolled in a primary or secondary school;
or
(2) ceases to meet the requirements of subsection (b)(1).

SEC. 508. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

Whoever files an application for relief under this title
and willfully and knowingly falsifies, misrepresents, or
conceals a material fact or makes any false or fraudulent
statement or representation, or makes or uses any false
writing or document knowing the same to contain any false or
fraudulent statement or entry, shall be fined in accordance
with title 18, United States Code, or imprisoned not more
than 5 years, or both.

SEC. 509. CONFIDENTIALITY OF INFORMATION.

(a) Prohibition.--Except as provided in subsection (b), no
officer or employee of the United States may--
(1) use the information furnished by the applicant pursuant
to an application filed under this title to initiate removal
proceedings against any persons identified in the
application;
(2) make any publication whereby the information furnished
by any particular individual pursuant to an application under
this title can be identified; or
(3) permit anyone other than an officer or employee of the
United States Government or, in the case of applications
filed under this title with a designated entity, that
designated entity, to examine applications filed under this
title.
(b) Required Disclosure.--The Attorney General or the
Secretary of Homeland Security shall provide the information
furnished under this section, and any other information
derived from such furnished information, to--
(1) a duly recognized law enforcement entity in connection
with an investigation or prosecution of an offense described
in paragraph (2) or (3) of section 212(a) of the Immigration
and Nationality Act (8 U.S.C. 1182(a)), when such information
is requested in writing by such entity; or
(2) an official coroner for purposes of affirmatively
identifying a deceased individual (whether or not such
individual is deceased as a result of a crime).
(c) Penalty.--Whoever knowingly uses, publishes, or permits
information to be examined in violation of this section shall
be fined not more than $10,000.

SEC. 510. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION
ON FEES.

Regulations promulgated under this title shall provide that
applications under this title will be considered on an
expedited basis and without a requirement for the payment by
the applicant of any additional fee for such expedited
processing.

SEC. 511. HIGHER EDUCATION ASSISTANCE.

Notwithstanding any provision of the Higher Education Act
of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance
provided under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.), an alien who adjusts status to that
of a lawful permanent resident under this title shall be
eligible only for the following assistance under such title:
(1) Student loans under parts B, D, and E of such title IV
(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.),
subject to the requirements of such parts.
(2) Federal work-study programs under part C of such title
IV (42 U.S.C. 2751 et seq.), subject to the requirements of
such part.
(3) Services under such title IV (20 U.S.C. 1070 et seq.),
subject to the requirements for such services.

SEC. 512. GAO REPORT.

Not later than seven years after the date of enactment of
this title, the Comptroller General of the United States
shall submit a report to the Committee on the Judiciary of
the Senate and the Committee on the Judiciary of the House of
Representatives setting forth--
(1) the number of aliens who were eligible for cancellation
of removal and adjustment of status under section 504(a);
(2) the number of aliens who applied for adjustment of
status under section 504(a);
(3) the number of aliens who were granted adjustment of
status under section 504(a); and
(4) the number of aliens whose conditional permanent
resident status was removed under section 505.
______

SA 2346. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to
provide for reconciliation pursuant to section 601 of the concurrent
resolution on the budget for fiscal year 2008; which was ordered to lie
on the table; as follows:

At the end of title VIII of the Higher Education Access Act
of 2007, insert the following:

SEC. 802. COLLEGE TEXTBOOK AVAILABILITY.

(a) Purpose and Intent.--The purpose of this section is to
ensure that every student in higher education is offered
better and more timely access to affordable course materials
by educating and informing faculty, students, administrators,
institutions of higher education, bookstores, and publishers
on all aspects of the selection, purchase, sale, and use of
the course materials. It is the intent of this section to
have all involved parties work together to identify ways to
decrease the cost of college textbooks and supplemental
materials for students while protecting the academic freedom
of faculty members to provide high quality course materials
for students.
(b) Definitions.--In this section:
(1) College textbook.--The term ``college textbook'' means
a textbook, or a set of textbooks, used for a course in
postsecondary education at an institution of higher
education.
(2) Course schedule.--The term ``course schedule'' means a
listing of the courses or classes offered by an institution
of higher education for an academic period.
(3) Institution of higher education.--The term
``institution of higher education'' has the meaning given the
term in section 102 of the Higher Education Act of 1965 (20
U.S.C. 1002).
(4) Publisher.--The term ``publisher'' means a publisher of
college textbooks or supplemental materials involved in or
affecting interstate commerce.
(5) Supplemental material.--The term ``supplemental
material'' means educational material published or produced
to accompany a college textbook.
(c) Publisher Requirements.--
(1) College textbook pricing information.--When a publisher
provides a faculty member of an institution of higher
education with information regarding a college textbook or
supplemental material available in the subject area in which
the faculty member teaches, the publisher shall include, with
any such information and in writing, the following:
(A) The price at which the publisher would make the college
textbook or supplemental material available to the bookstore
on the campus of, or otherwise associated with, such
institution of higher education.

[[Page S9634]]

(B) Any history of revisions for the college textbook or
supplemental material.
(C) Whether the college textbook or supplemental material
is available in any other format, including paperback and
unbound, and the price at which the publisher would make the
college textbook or supplemental material in the other format
available to the bookstore on the campus of, or otherwise
associated with, such institution of higher education.
(2) Unbundling of supplemental materials.--A publisher that
sells a college textbook and any supplemental material
accompanying such college textbook as a single bundled item
shall also sell the college textbook and each supplemental
material as separate and unbundled items.
(d) Provision of ISBN College Textbook Information in
Course Schedules.--
(1) Internet course schedules.--Each institution of higher
education that receives Federal assistance and that publishes
the institution's course schedule for the subsequent academic
period on the Internet shall--
(A) include in the course schedule, for each college
textbook or supplemental material required or recommended for
a course or class listed on the course schedule--
(i) the International Standard Book Number (ISBN) for the
college textbook or supplemental material; or
(ii) the title and author of the college textbook or
supplemental material; and
(B) update the information required under subparagraph (A)
as necessary.
(2) Written course schedules.--In the case of an
institution of higher education that receives Federal
assistance and that does not publish the institution's course
schedule for the subsequent academic period on the Internet,
the institution of higher education shall include the
information required under paragraph (1)(A) in any printed
version of the institution's course schedule and shall
provide students with updates to such information as
necessary.
(e) Availability of Information for College Textbook
Sellers.--An institution of higher education that receives
Federal assistance shall make available, as soon as is
practicable, upon the request of any seller of college
textbooks (other than a publisher) that meets the
requirements established by the institution, the most
accurate information available regarding--
(1) the institution's course schedule for the subsequent
academic period; and
(2) for each course or class offered by the institution for
the subsequent academic period--
(A) for each college textbook or supplemental material
required or recommended for such course or class--
(i) the International Standard Book Number (ISBN) for the
college textbook or supplemental material; or
(ii) the title and author of the college textbook or
supplemental material;
(B) the number of students enrolled in such course or
class; and
(C) the maximum student enrollment for such course or
class.
______

SA 2347. Mr. DURBIN submitted an amendment intended to be proposed to
amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to
provide for reconciliation pursuant to section 601 of the concurrent
resolution on the budget for fiscal year 2008; which was ordered to lie
on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. DISCHARGE IN BANKRUPTCY FOR CERTAIN STUDENT LOANS.

(a) In General.--Section 523(a)(8) of title 11, United
States Code, is amended--
(1) in subparagraph (A), by striking clause (i) and
inserting the following:
``(i) an educational benefit overpayment or loan made,
insured, or guaranteed by a governmental unit, or an
obligation to repay funds received from a governmental unit
as an educational benefit, scholarship, or stipend; or''; and
(2) in subparagraph (B), by inserting before the semicolon
at the end ``, unless such qualified educational loan first
became due more than 5 years, excluding any deferment of the
repayment period while the borrower is attending an
institution of higher education, as that term is defined in
section 102 of the Higher Education Act of 1965 (20 U.S.C.
1002), before the date of the filing of the petition''.
(b) Applicability.--The amendments made by subsection (a)
shall apply only with respect to obligations described in
section 523(a)(8) of title 11, United States Code, as amended
by this section, that are entered into on or after the date
of enactment of this Act.
______

SA 2348. Mr. DURBIN (for himself and Mr. Grassley) submitted an
amendment intended to be proposed to amendment SA 2339 submitted by Mr.
Cornyn (for himself, Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr.
Coleman, and Mr. Voinovich) to the amendment SA 2327 proposed by Mr.
Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant
to section 601 of the concurrent resolution on the budget for fiscal
year 2008; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE V--IMMIGRATION FRAUD PREVENTION

SEC. 501. SHORT TITLE.

This title may be cited as the ``H-1B and L-1 Visa Fraud
and Abuse Prevention Act of 2007''.

SEC. 502. 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) Public Listing of Available Positions.--
(1) Listing of available positions.--Section 212(n)(1)(C)
of such Act is amended--
(A) in clause (i), by striking ``(i) has provided'' and
inserting the following:
``(ii)(I) has provided'';
(B) by redesignating clause (ii) as subclause (II); and
(C) by inserting before clause (ii), as redesignated, the
following:
``(i) has advertised the job availability on the list
described in paragraph (6), for at least 30 calendar days;
and''.
(2) List maintained by the department of labor.--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 list of available jobs, which shall be publicly
accessible without charge--
``(i) on a website maintained by the Department of Labor,
which website shall be searchable by--
``(I) the name, city, State, and zip code of the employer;
``(II) the date on which the job is expected to begin;
``(III) the title and description of the job; and
``(IV) the State and city (or county) at which the work
will be performed; and
``(ii) at each 1-stop center created under the Workforce
Investment Act of 1998 (Public Law 105-220).
``(B) Each available job advertised on the list shall
include--
``(i) the employer's full legal name;
``(ii) the address of the employer's principal place of
business;
``(iii) the employer's city, State and zip code;
``(iv) the employer's Federal Employer Identification
Number;
``(v) the phone number, including area code and extension,
as appropriate, of the hiring official or other designated
official of the employer;
``(vi) the e-mail address, if available, of the hiring
official or other designated official of the employer;
``(vii) the wage rate to be paid for the position and, if
the wage rate in the offer is expressed as a range, the
bottom of the wage range;
``(viii) whether the rate of pay is expressed on an annual,
monthly, biweekly, weekly, or hourly basis;
``(ix) a statement of the expected hours per week that the
job will require;

[[Page S9635]]

``(x) the date on which the job is expected to begin;
``(xi) the date on which the job is expected to end, if
applicable;
``(xii) the number of persons expected to be employed for
the job;
``(xiii) the job title;
``(xiv) the job description;
``(xv) the city and State of the physical location at which
the work will be performed; and
``(xvi) a description of a process by which a United States
worker may submit an application to be considered for the
job.
``(C) The Secretary of Labor may charge a nominal filing
fee to employers who advertise available jobs on the list
established under this paragraph to cover expenses for
establishing and administering the requirements under this
paragraph.
``(D) The Secretary may promulgate rules, after notice and
a period for comment--
``(i) to carry out the requirements of this paragraph; and
``(ii) that require employers to provide other information
in order to advertise available jobs on the list.''.
(3) Effective date.--Paragraph (1) shall take effect for
applications filed at least 30 days after the creation of the
list described in paragraph (2).
(d) 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''.
(e) 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 alien admitted or
provided status as an H-1B nonimmigrant with another
employer;'' and
(B) in paragraph (2), by striking subparagraph (E).
(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.
(f) 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.''.
(g) 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) Provision of w-2 forms.--Section 212(n)(1) of such Act
is amended by inserting after subparagraph (I), as added by
subsection (f), the following:
``(J) If the employer, in such previous period as the
Secretary shall specify, employed 1 or more H-1B
nonimmigrants, the employer shall submit to the Secretary the
Internal Revenue Service Form W-2 Wage and Tax Statement
filed by the employer with respect to such nonimmigrants for
such period.''.
(3) Effective date.--The amendments made by this subsection
shall apply to applications filed on or after the date of the
enactment of this Act.
(h) Immigration Documents.--Section 204 of such Act (8
U.S.C. 1154) is amended by adding at the end the following:
``(l) Employer To Share All Immigration Paperwork Exchanged
With Federal Agencies.--Not later than 10 working days after
receiving a written request from a former, current, or future
employee or beneficiary, an employer shall provide the
employee or beneficiary with the original (or a certified
copy of the original) of all petitions, notices, and other
written communication exchanged between the employer and the
Department of Labor, the Department of Homeland Security, or
any other Federal agency that is related to an immigrant or
nonimmigrant petition filed by the employer for the employee
or beneficiary.''.

SEC. 503. 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
502(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 ``a condition of paragraph (1)(B), (1)(E),
or (1)(F)'' and inserting ``a condition under subparagraph
(B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)'';
and
(B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``if the Secretary'' and all
that follows and inserting ``with regard to the employer's
compliance with the requirements of this subsection.'';
(B) in clause (ii), by striking ``and whose identity'' and
all that follows through ``failure or failures.'' and
inserting ``the Secretary of Labor may conduct an
investigation into the employer's compliance with the
requirements of this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and (viii) as
clauses (iv), (v), and (vi), respectively;
(F) in clause (iv), as redesignated, by striking ``meet a
condition described in clause (ii), unless the Secretary of
Labor receives the information not later than 12 months'' and
inserting ``comply with the requirements under this
subsection, unless the Secretary of Labor receives the
information not later than 24 months'';
(G) by amending clause (v), as redesignated, to read as
follows:
``(v) The Secretary of Labor shall provide notice to an
employer of the intent to conduct an investigation. The
notice shall be provided in such a manner, and shall contain
sufficient detail, to permit the employer to respond to the
allegations before an investigation is commenced. The
Secretary is not required to comply with this clause if the
Secretary determines that such compliance would interfere
with an effort by the Secretary to investigate or secure
compliance by the employer with the requirements of this
subsection. A determination by the Secretary under this
clause shall not be subject to judicial review.''.
(H) in clause (vi), as redesignated, by striking ``An
investigation'' and all that follows through ``the
determination.'' and inserting ``If the Secretary of Labor,
after an investigation under clause (i) or (ii), determines
that a reasonable basis exists to make a finding that the
employer has failed to comply with the requirements under
this subsection, the Secretary shall provide interested
parties with notice of such determination and an opportunity
for a hearing in accordance with section 556 of title 5,
United States Code, not later than 120 days after the date of
such determination.''; and
(I) by adding at the end the following:
``(vii) If the Secretary of Labor, after a hearing, finds a
reasonable basis to believe that the employer has violated
the requirements under this subsection, the Secretary may
impose a penalty under subparagraph (C).''; and
(4) by striking subparagraph (H).
(c) Information Sharing Between Department of Labor and
Department of Homeland Security.--Section 212(n)(2) 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

[[Page S9636]]

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. The Secretary shall conduct annual
compliance audits of each employer with more than 100
employees who work in the United States if more than 15
percent of such employees are H-1B nonimmigrants.''.
(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;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa
to fill.
``(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;
``(ii) the contact information for Federal agencies that
can offer more information or assistance in clarifying
employer's obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the
position that the H-1B nonimmigrant has been issued the visa
to fill.''.

SEC. 504. 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) Restriction on Blanket Petitions.--Section 214(c)(2)(A)
of such Act is amended to read as follows:
``(2)(A) The Secretary of Homeland Security may not permit
the use of blanket petitions to import aliens as
nonimmigrants under section 101(a)(15)(L).''.
(c) Prohibition on Outplacement.--Section 214(c)(2) of such
Act, as amended by this section, is further amended by adding
at the end the following:
``(H) An employer who imports 1 or more aliens as
nonimmigrants described in section 101(a)(15)(L) shall not
place, outsource, lease, or otherwise contract for the
placement of an alien admitted or provided status as an L-1
nonimmigrant with another employer.''.
(d) 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

[[Page S9637]]

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. The Secretary shall
conduct annual compliance audits of each employer with more
than 100 employees who work in the United States if more than
15 percent of such employees are nonimmigrants described in
section 101(a)(15)(L).''.
(3) Reporting requirement.--Section 214(c)(8) of such Act
is amended by inserting ``(L),'' after ``(H),''.
(e) 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.''.
(f) Wage Determination.--
(1) Change in minimum wages.--Section 214(c)(2) 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.

SEC. 505. WHISTLEBLOWER PROTECTIONS.

(a) H-1B Whistleblower Protections.--Section
212(n)(2)(C)(iv) of the Immigration and Nationality Act (8
U.S.C. 1182(n)(2)(C)(iv)) is amended--
(1) by inserting ``take, fail to take, or threaten to take
or fail to take, a personnel action, or'' before ``to
intimidate''; and
(2) by adding at the end the following: ``An employer that
violates this clause shall be liable to the employees harmed
by such violation for lost wages and benefits.''.
(b) L-1 Whistleblower Protections.--Section 214(c)(2) of
such Act, as amended by section 504, is further amended by
adding at the end the following:
``(L)(i) It is a violation of this subparagraph for an
employer who has filed a petition to import 1 or more aliens
as nonimmigrants described in section 101(a)(15)(L) to take,
fail to take, or threaten to take or fail to take, a
personnel action, or to intimidate, threaten, restrain,
coerce, blacklist, discharge, or discriminate in any other
manner against an employee because the employee--
``(I) has disclosed information that the employee
reasonably believes evidences a violation of this subsection,
or any rule or regulation pertaining to this subsection; or
``(II) cooperates or seeks to cooperate with the
requirements of this subsection, or any rule or regulation
pertaining to this subsection.
``(ii) An employer that violates this subparagraph shall be
liable to the employees harmed by such violation for lost
wages and benefits.
``(iii) In this subparagraph, the term `employee'
includes--
``(I) a current employee;
``(II) a former employee; and
``(III) an applicant for employment.''.

SEC. 506. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

(a) In General.--The Secretary of Labor is authorized to
hire 200 additional employees to administer, oversee,
investigate, and enforce programs involving H-1B nonimmigrant
workers.
(b) Authorization of Appropriations.--There are authorized
to be appropriated such sums as may be necessary to carry out
this section.
______

SA 2349. Mr. HARKIN submitted an amendment intended to be proposed by
him to the bill H.R. 2669, to provide for reconciliation pursuant to
section 601 of the concurrent resolution on the budget for fiscal year
2008; which was ordered to lie on the table; as follows:

At the end of title III of the Higher Education Access Act
of 2007, add the following:

SEC. 3___. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE
ATTORNEYS.

(a) In General.--Part B of title IV (20 U.S.C. 1071 et
seq.) is amended by inserting after section 428K the
following:

``SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE
ATTORNEYS.

``(a) Purpose.--The purpose of this section is to encourage
qualified individuals to enter and continue employment as
civil legal assistance attorneys.
``(b) Definitions.--In this section:
``(1) Civil legal assistance attorney.--The term `civil
legal assistance attorney' means an attorney who--
``(A) is a full-time employee of a nonprofit organization
that provides legal assistance with respect to civil matters
to low-income individuals without a fee;
``(B) as such employee, provides civil legal assistance as
described in subparagraph (A) on a full-time basis; and
``(C) is continually licensed to practice law.
``(2) Student loan.--The term `student loan' means--
``(A) subject to subparagraph (B), a loan made, insured, or
guaranteed under part B, D, or E of this title; and
``(B) a loan made under section 428C or 455(g), to the
extent that such loan was used to repay--
``(i) a Federal Direct Stafford Loan, a Federal Direct
Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan;
``(ii) a loan made under section 428, 428B, or 428H; or
``(iii) a loan made under part E.
``(c) Program Authorized.--The Secretary shall carry out a
program of assuming the obligation to repay a student loan,
by direct payments on behalf of a borrower to the holder of
such loan, in accordance with subsection (d), for any
borrower who--
``(1) is employed as a civil legal assistance attorney; and
``(2) is not in default on a loan for which the borrower
seeks repayment.
``(d) Terms of Agreement.--
``(1) In general.--To be eligible to receive repayment
benefits under subsection (c), a borrower shall enter into a
written agreement with the Secretary that specifies that--
``(A) the borrower will remain employed as a civil legal
assistance attorney for a required period of service of not
less than 3 years, unless involuntarily separated from that
employment;

[[Page S9638]]

``(B) if the borrower is involuntarily separated from
employment on account of misconduct, or voluntarily separates
from employment, before the end of the period specified in
the agreement, the borrower will repay the Secretary the
amount of any benefits received by such employee under this
agreement;
``(C) if the borrower is required to repay an amount to the
Secretary under subparagraph (B) and fails to repay such
amount, a sum equal to that amount shall be recoverable by
the Federal Government from the employee by such methods as
are provided by law for the recovery of amounts owed to the
Federal Government;
``(D) the Secretary may waive, in whole or in part, a right
of recovery under this subsection if it is shown that
recovery would be against equity and good conscience or
against the public interest; and
``(E) the Secretary shall make student loan payments under
this section for the period of the agreement, subject to the
availability of appropriations.
``(2) Repayments.--
``(A) In general.--Any amount repaid by, or recovered from,
an individual under this subsection shall be credited to the
appropriation account from which the amount involved was
originally paid.
``(B) Merger.--Any amount credited under subparagraph (A)
shall be merged with other sums in such account and shall be
available for the same purposes and period, and subject to
the same limitations, if any, as the sums with which the
amount was merged.
``(3) Limitations.--
``(A) Student loan payment amount.--Student loan repayments
made by the Secretary under this section shall be made
subject to such terms, limitations, or conditions as may be
mutually agreed upon by the borrower and the Secretary in an
agreement under paragraph (1), except that the amount paid by
the Secretary under this section shall not exceed--
``(i) $6,000 for any borrower in any calendar year; or
``(ii) an aggregate total of $40,000 in the case of any
borrower.
``(B) Beginning of payments.--Nothing in this section shall
authorize the Secretary to pay any amount to reimburse a
borrower for any repayments made by such borrower prior to
the date on which the Secretary entered into an agreement
with the borrower under this subsection.
``(e) Additional Agreements.--
``(1) In general.--On completion of the required period of
service under an agreement under subsection (d), the borrower
and the Secretary may, subject to paragraph (2), enter into
an additional agreement in accordance with subsection (d).
``(2) Term.--An agreement entered into under paragraph (1)
may require the borrower to remain employed as a civil legal
assistance attorney for less than 3 years.
``(f) Award Basis; Priority.--
``(1) Award basis.--Subject to paragraph (2), the Secretary
shall provide repayment benefits under this section on a
first-come, first-served basis, and subject to the
availability of appropriations.
``(2) Priority.--The Secretary shall give priority in
providing repayment benefits under this section in any fiscal
year to a borrower who--
``(A) has practiced law for 5 years or less and, for at
least 90 percent of the time in such practice, has served as
a civil legal assistance attorney;
``(B) received repayment benefits under this section during
the preceding fiscal year; and
``(C) has completed less than 3 years of the first required
period of service specified for the borrower in an agreement
entered into under subsection (d).
``(g) Regulations.--The Secretary is authorized to issue
such regulations as may be necessary to carry out the
provisions of this section.
``(h) Authorization of Appropriations.--There are
authorized to be appropriated to carry out this section
$10,000,000 for fiscal year 2008 and such sums as may be
necessary for each succeeding fiscal year.''.
______

SA 2350. Mrs. DOLE (for herself and Mr. McConnell) submitted an
amendment intended to be proposed to amendment SA 2327 proposed by Mr.
Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant
to section 601 of the concurrent resolution on the budget for fiscal
year 2008; as follows:

At the appropriate place, insert the following:

SEC. __. IDENTIFICATION REQUIREMENT.

(a) New Requirement for Individuals Voting in Person.--
(1) In general.--Title III of the Help America Vote Act of
2002 (42 U.S.C. 15481 et seq.) is amended--
(A) by redesignating sections 304 and 305 as sections 305
and 306, respectively; and
(B) by inserting after section 303 the following new
section:

``SEC. 304. IDENTIFICATION OF VOTERS AT THE POLLS.

``(a) In General.--Notwithstanding the requirements of
section 303(b), each State shall require individuals casting
ballots in an election for Federal office in person to
present a current valid photo identification issued by a
governmental entity before voting.
``(b) Effective Date.--Each State shall be required to
comply with the requirements of subsection (a) on and after
January 1, 2008.''.
(2) Conforming amendments.--
(A) Section 401 of the Help America Vote Act of 2002 (42
U.S.C. 15511) is amended by striking ``and 303'' and
inserting ``303, and 304''.
(B) The table of contents of the Help America Vote Act of
2002 is amended--
(i) by redesignating the items relating to sections 304 and
305 as relating to items 305 and 306, respectively; and
(ii) by inserting after the item relating to section 303
the following new item:

``Sec. 304. Identification of voters at the polls.''.

(b) Funding for Free Photo Identifications.--
(1) In general.--Subtitle D of title II of the Help America
Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by
adding at the end the following:

``PART 7--PHOTO IDENTIFICATION

``SEC. 297. PAYMENTS FOR FREE PHOTO IDENTIFICATION.

``(a) In General.--In addition to any other payments made
under this subtitle, the Commission shall make payments to
States to promote the issuance to registered voters of free
photo identifications for purposes of meeting the
identification requirements under section 304.
``(b) Eligibility.--A State is eligible to receive a grant
under this part if it submits to the Commission (at such time
and in such form as the Commission may require) an
application containing--
``(1) a statement that the State intends to comply with the
requirements under section 304; and
``(2) a description of how the State intends to use the
payment under this part to provide registered voters with
free photo identifications which meet the requirements under
such section.
``(c) Use of Funds.--A State receiving a payment under this
part shall use the payment only to provide free photo
identification cards to registered voters who do not have an
identification card that meets the requirements under section
304.
``(d) Allocation of Funds.--
``(1) In general.--The amount of the grant made to a State
under this part for a year shall be equal to the product of--
``(A) the total amount appropriated for payments under this
part for the year under section 298; and
``(B) an amount equal to--
``(i) the voting age population of the State (as reported
in the most recent decennial census); divided by
``(ii) the total voting age population of all eligible
States which submit an application for payments under this
part (as reported in the most recent decennial census).

``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.

``(a) In General.--In addition to any other amounts
authorized to be appropriated under this subtitle, there are
authorized to be appropriated such sums as may be necessary
for the purpose of making payments under section 297.
``(b) Availability.--Any amounts appropriated pursuant to
the authority of this section shall remain available until
expended.''.
(2) Conforming amendment.--The table of contents of the
Help America Vote Act of 2002 is amended by inserting after
the item relating to section 296 the following:

``PART 7--Photo Identification

``Sec. 297. Payments for free photo identification.
``Sec. 298. Authorization of appropriations.''.
______

SA 2351. Mr. McCONNELL proposed an amendment to amendment SA 2327
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for
reconciliation pursuant to section 601 of the concurrent resolution on
the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF SENATE ON THE DETAINEES AT GUANTANAMO BAY,
CUBA.

(a) Findings.--The Senate makes the following findings:
(1) During the War on Terror, senior members of al Qaeda
have been captured by the United States military and
intelligence personnel and their allies.
(2) Many such senior members of al Qaeda have since been
transferred to the detention facility at Guantanamo Bay,
Cuba.
(3) These senior al Qaeda members detained at Guantanamo
Bay include Khalid Sheikh Mohammed, who was the mastermind
behind the terrorist attacks of September 11, 2001, which
killed approximately 3,000 innocent people.
(4) These senior al Qaeda members detained at Guantanamo
Bay also include Majid Khan, who was tasked to develop plans
to poison water reservoirs inside the United States, was
responsible for conducting a study on the feasibility of a
potential gas station bombing campaign inside the United
States, and was integral in recommending Iyman Farris, who
plotted to destroy the Brooklyn Bridge, to be an operative
for al Qaeda inside the United States.
(5) These senior al Qaeda members detained at Guantanamo
Bay also include Abd al-Rahim al-Nashiri, who was an al Qaeda
operations chief for the Arabian Peninsula and who, at the
request of Osama bin Laden, orchestrated the attack on the
U.S.S. Cole, which killed 17 United States sailors.

[[Page S9639]]

(6) These senior al Qaeda members detained at Guantanamo
Bay also include Ahmed Khalfan Ghailani, who played a major
role in the East African Embassy Bombings, which killed more
than 250 people.
(7) The Department of Defense has estimated that of the
approximately 415 detainees who have been released or
transferred from the detention facility at Guantanamo Bay, at
least 29 have subsequently taken up arms against the United
States and its allies.
(8) Osama bin Laden, the leader of al Qaeda, said in his
1998 fatwa against the United States, that ``[t]he ruling to
kill the Americans and their allies--civilians and military--
is an individual duty for every Muslim who can do it in any
country in which it is possible to do it''.
(9) In the same fatwa, bin Laden said, ``[w]e--with God's
help--call on every Muslim who believes in God and wishes to
be rewarded to comply with God's order to kill the Americans
and plunder their money wherever and whenever they find it''.
(10) It is safer for American citizens if captured members
of al Qaeda and other terrorist organizations are not housed
on American soil where they could more easily carry out their
mission to kill innocent civilians.
(b) Sense of Senate.--It is the sense of the Senate that
detainees housed at Guantanamo Bay, Cuba, including senior
members of al Qaeda, should not be released into American
society, nor should they be transferred stateside into
facilities in American communities and neighborhoods.
______

SA 2352. Mr. DeMINT proposed an amendment to amendment SA 2327
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for
reconciliation pursuant to section 601 of the concurrent resolution on
the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

TITLE __--SECRET BALLOT PROTECTION

SEC. _01. SHORT TITLE.

This title may be cited as the ``Secret Ballot Protection
Act of 2007''.

SEC. _02. FINDINGS.

Congress makes the following findings:
(1) The right of employees under the National Labor
Relations Act (29 U.S.C. 151 et seq.) to choose whether to be
represented by a labor organization by way of secret ballot
election conducted by the National Labor Relations Board is
among the most important protections afforded under Federal
labor law.
(2) The right of employees to choose by secret ballot is
the only method that ensures a choice free of coercion,
intimidation, irregularity, or illegality.
(3) The recognition of a labor organization by using a
private agreement, rather than a secret ballot election
overseen by the National Labor Relations Board, threatens the
freedom of employees to choose whether to be represented by a
labor organization, and severely limits the ability of the
National Labor Relations Board to ensure the protection of
workers.

SEC. _03. NATIONAL LABOR RELATIONS ACT.

(a) Recognition of Representative.--
(1) In general.--Section 8(a)(2) of the National Labor
Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting
before the colon the following: ``or to recognize or bargain
collectively with a labor organization that has not been
selected by a majority of such employees in a secret ballot
election conducted by the National Labor Relations Board in
accordance with section 9''.
(2) Application.--The amendment made by paragraph (1) shall
not apply to collective bargaining relationships in which a
labor organization with majority support was lawfully
recognized prior to the date of enactment of this Act.
(b) Election Required.--
(1) In general.--Section 8(b) of the National Labor
Relations Act (29 U.S.C. 158(b)) is amended--
(A) in paragraph (6), by striking ``and'' at the end;
(B) in paragraph (7), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following:
``(8) to cause or attempt to cause an employer to recognize
or bargain collectively with a representative of a labor
organization that has not been selected by a majority of such
employees in a secret ballot election conducted by the
National Labor Relations Board in accordance with section
9.''.
(2) Application.--The amendment made by paragraph (1) shall
not apply to collective bargaining relationships that were
recognized prior to the date of enactment of this Act.
(c) Secret Ballot Election.--Section 9(a) of the National
Labor Relations Act (29 U.S.C. 159(a)), is amended--
(1) by striking ``Representatives'' and inserting ``(1)
Representatives'';
(2) by inserting after ``designated or selected'' the
following: ``by a secret ballot election conducted by the
National Labor Relations Board in accordance with this
section''; and
(3) by adding at the end the following:
``(2) The secret ballot election requirement under
paragraph (1) shall not apply to collective bargaining
relationships that were recognized before the date of the
enactment of the Secret Ballot Protection Act of 2007.''.

SEC. _04. REGULATIONS AND AUTHORITY.

(a) Regulations.--Not later than 6 months after the date of
the enactment of this Act, the National Labor Relations Board
shall review and revise all regulations promulgated prior to
such date of enactment to implement the amendments made by
this title.
(b) Authority.--Nothing in this title (or the amendments
made by this title) shall be construed to limit or otherwise
diminish the remedial authority of the National Labor
Relations Board.
______

SA 2353. Mr. KYL submitted an amendment intended to be proposed to
amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to
provide for reconciliation pursuant to section 601 of the concurrent
resolution on the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. _. REPEAL OF INDIVIDUAL ALTERNATIVE MINIMUM TAX.

(a) In General.--Section 55(a) of the Internal Revenue Code
of 1986 (relating to alternative minimum tax imposed) is
amended by adding at the end the following new flush
sentence:
``For purposes of this title, the tentative minimum tax on
any taxpayer other than a corporation for any taxable year
beginning after December 31, 2007, shall be zero.''.
(b) Modification of Limitation on Use of Credit for Prior
Year Minimum Tax Liability.--Subsection (c) of section 53 of
the Internal Revenue Code of 1986 (relating to credit for
prior year minimum tax liability) is amended to read as
follows:
``(c) Limitation.--
``(1) In general.--Except as provided in paragraph (2), the
credit allowable under subsection (a) for any taxable year
shall not exceed the excess (if any) of--
``(A) the regular tax liability of the taxpayer for such
taxable year reduced by the sum of the credits allowable
under subparts A, B, D, E, and F of this part, over
``(B) the tentative minimum tax for the taxable year.
``(2) Taxable years beginning after 2007.--In the case of
any taxable year beginning after 2007, the credit allowable
under subsection (a) to a taxpayer other than a corporation
for any taxable year shall not exceed 90 percent of the
regular tax liability of the taxpayer for such taxable year
reduced by the sum of the credits allowable under subparts A,
B, D, E, and F of this part.''.
(c) Effective Date.--The amendments made by this section
shall apply to taxable years beginning after December 31,
2007.
______

SA 2354. Mrs. HUTCHISON submitted an amendment intended to be
proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R.
2669, to provide for reconciliation pursuant to section 601 of the
concurrent resolution on the budget for fiscal year 2008; which was
ordered to lie on the table; as follows:

At the end of title VIII of the Higher Education Access Act
of 2007, add the following:

SEC. 802. REPEAL OF SUNSET ON MARRIAGE PENALTY RELIEF.

Title IX of the Economic Growth and Tax Relief
Reconciliation Act of 2001 (26 U.S.C. 1 note) (relating to
sunset of provisions of such Act) shall not apply to sections
301, 302, and 303 (relating to marriage penalty relief) of
such Act (26 U.S.C. 1 note, 32) .
______

SA 2355. Mr. ENSIGN proposed an amendment to amendment SA 2327
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for
reconciliation pursuant to section 601 of the concurrent resolution on
the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. __. 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:
``(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 Higher Education Access 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 Higher Education

[[Page S9640]]

Access 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:
``(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 Higher
Education Access 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 2356. Mr. SALAZAR proposed an amendment to amendment SA 2327
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for
reconciliation pursuant to section 601 of the concurrent resolution on
the budget for fiscal year 2008; as follows:

At the appropriate place insert the following:
Since I. Lewis ``Scooter'' Libby previously served as Chief
of Staff to Vice President Dick Cheney;
Since Mr. Libby was convicted in Federal court of perjury
and obstruction of justice in connection with efforts by the
Bush White House to conceal the fact that Administration
officials leaked the name of a covert CIA agent in order to
discredit her husband, a critic of the Iraq War;
Since U.S. District Court Judge Reggie Walton sentenced Mr.
Libby to 30 months in prison to reflect the seriousness of
the offense, the sensitivity of the national security
information involved in Libby's crime, and the abuse of Mr.
Libby's position of trust in the United States government;
Since President Bush chose to commute Mr. Libby's prison
sentence in its entirety, thereby entitling Libby to evade
serious punishment for his criminal conduct;
Since President Bush has refused to rule out the
possibility that he will eventually issue a full pardon to
Mr. Libby with respect to his criminal conviction;
Now therefore be it determined, that it is the Sense of the
Senate that President Bush should not issue a pardon to I.
Lewis ``Scooter'' Libby.
______

SA 2357. Mr. McCONNELL proposed an amendment to amendment SA 2327
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for
reconciliation pursuant to section 601 of the concurrent resolution on
the budget for fiscal year 2008; as follows:

Deploring the actions of former President William Jefferson
Clinton regarding his granting of clemency to terrorists, to
family members, donors, and individuals represented by family
members, to public officials of his own political party, and
to officials who violated laws protecting United States
intelligence, and concluding that such actions by former
President Clinton were inappropriate.
Since the Armed Forces of National Liberation (the FALN) is
a terrorist organization that claims responsibility for the
bombings of approximately 130 civilian, political, and
military sites throughout the United States, and whereas, on
August 11, 1999, President Clinton commuted the sentences of
16 terrorists, all of whom were members of the FALN, and
whereas this action was taken counter to the recommendation
of the Federal Bureau of Investigation, the Federal Bureau of
Prisons, and two United States Attorneys;
Since, on January 20, 2001, former President Clinton
commuted the sentence of Susan L. Rosenberg, a former member
of the Weather Underground Organization terrorist group whose
mission included the violent overthrow of the United States
Government, who was charged in a robbery that left a security
guard and 2 police officers dead;
Since, on January 20, 2001, former President Clinton
commuted the sentence of Linda Sue Evans, a former member of
the Weather Underground Organization terrorist group, who
made false statements and used false identification to
illegally purchase firearms that were then used by Susan L.
Rosenberg in a robbery that left a security guard and 2
police officers dead;
Since, on January 20, 2001, former President Clinton
pardoned Patricia Hearst Shaw, a former member of the
Symbionese Liberation Army, a domestic terrorist group which
also advocated the violent overthrow of the United States,
and that carried out violent attacks in the United States;
Since, on January 20, 2001, former President Clinton
pardoned his half-brother Roger Clinton, who had been
convicted of conspiracy to distribute cocaine and of
distribution of cocaine;
Since, on March 15, 2000, former President Clinton pardoned
Edgar and Vonna Jo Gregory, who had been convicted of
conspiracy to willfully misapply bank funds and to make false
statements and who, according to news reports, were
represented by the former President's brother-in-law, Tony
Rodham;
Since, on January 20, 2001, former President Clinton
commuted the sentence of Carlos Vignali, a convicted cocaine
trafficker who, according to news reports, was represented by
the former President's brother-in-law, Hugh Rodham;
Since, on January 20, 2001, former President Clinton
pardoned Almon Glenn Braswell, an individual convicted of
money laundering and tax evasion, who according to news
reports, was represented by former President's brother-in-
law, Hugh Rodham;
Since, on December 22, 2000, former President Clinton
pardoned former Democratic Representative Dan Rostenkowski,
who had been convicted of mail fraud;
Since, on January 20, 2001, former President Clinton
commuted the sentence of convicted sex offender and former
Democratic Representative Mel Reynolds, who had been found
guilty of bank fraud, wire fraud, making false statements to
a financial institution, conspiracy to defraud the Federal
Elections Commission, and making false statements to a
Federal official;
Since, on January 20, 2001, former President Clinton
pardoned his former Secretary of Housing and Urban
Development Henry Cisneros, who had been convicted of making
false statements about payments to his mistress;
Since, on January 20, 2001, former President Clinton
pardoned Susan McDougal, who had been a key figure in the
Whitewater investigation and who had been convicted of aiding
and abetting, in making false statements, and who refused to
testify against the former President in the investigation;
Since, on January 20, 2001, former President Clinton
pardoned Christopher Wade, who was a real estate salesmen
involved in the Whitewater matter;
Since, on January 20, 2001, former President Clinton
pardoned his former Director of Central Intelligence John
Deutch for his mishandling of national security secrets; and
Since, on January 20, 2001, former President Clinton
pardoned Samuel Loring Morison, a former Navy intelligence
analyst who was convicted on espionage charges: Now,
therefore, be it determined that it is the sense of the
Senate that
(1) former President Clinton's granting of clemency to 16
FALN terrorists, two former members of the Weather
Underground Organization, and a former member of the
Symbionese Liberation Army was inappropriate;
(2) former President Clinton's granting of clemency to
individuals either in his family or represented by family
members was inappropriate;
(3) former President Clinton's granting of clemency to
public figures from his own political party was
inappropriate;
(4) former President Clinton's pardons of individuals
involved with the Whitewater investigation, a matter in which
the former First Family was centrally involved, was
inappropriate; and
(5) former President Clinton's pardons of individuals who
have jeopardized intelligence gathering and operations was
inappropriate.
______

SA 2358. Ms. STABENOW proposed an amendment to amendment SA 2355
proposed by Mr. Ensign to the amendment SA 2327 proposed by Mr. Kennedy
to the bill H.R. 2669, to provide for reconciliation pursuant to
section 601 of the concurrent resolution on the budget for fiscal year
2008; as follows:

Strike all after line 1, page 1 and insert the following:

SEC. ___. PROHIBITION ON ILLEGAL ALIENS QUALIFYING FOR SOCIAL
SECURITY BENEFITS AND PRECLUSION OF SOCIAL
SECURITY CREDITS PRIOR TO ENUMERATION OR FOR
ANY PERIOD WITHOUT WORK AUTHORIZATION.

(a) Prohibition on Illegal Aliens Qualifying for Social
Security Benefits.--
(1) In general.--Nothing in this Act, or the amendments
made by this Act, shall be construed to modify any provision
of current law that prohibits illegal aliens from qualifying
for Social Security benefits.
(2) Enforcement.--The Attorney General shall ensure that
the prohibition on the receipt of Social Security by illegal
aliens is strictly enforced.
(b) Preclusion of Social Security Credits Prior to
Enumeration or for Any Period Without Work Authorization.--
(1) 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 this Act, 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 United States citizen if 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 not authorized to be employed in the
United States during such quarter.

[[Page S9641]]

``(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 this Act
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 cover
under subsection, (d), however, this provision shall not be
construed to establish an effective date for purposes of this
section.''.
(2) Benefit computation.--Section 215(e) of such Act (42
U.S.C. 4159e)) is amended --
(A) by striking ``and'' at the end of paragraph (1);
(B) by striking the period at the end of paragraph (2) and
inserting ``and''; and
(C) 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 this Act, 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).''.
(3) Effective date.--The amendments made by this subsection
shall be effective as of the date of enactment of this Act.
______

SA 2359. Mr. COLEMAN proposed an amendment to amendment SA 2327
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for
reconciliation pursuant to section 601 of the concurrent resolution on
the budget for fiscal year 2008; as follows:

At the end, add the following:

SEC. ___. INNOCENT CHILD PROTECTION.

(a) In General.--It shall be unlawful for any authority,
military or civil, of the United States, a State, or any
district, possession, commonwealth or other territory under
the authority of the United States, to carry out a sentence
of death on a woman while she carries a child in utero.
(b) Definition.--In this section, the term ``child in
utero'' means a member of the species homo sapiens, at any
stage of development, who is carried in the womb.
______

SA 2360. Mr. GRAHAM proposed an amendment to amendment SA 2327
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for
reconciliation pursuant to section 601 of the concurrent resolution on
the budget for fiscal year 2008; as follows:

Strike section 701 of the Higher Education Access Act of
2007, relating to student eligibility.
______

SA 2361. Mr. SCHUMER proposed an amendment to amendment SA 2341
submitted by Mr. Sununu to the amendment SA 2327 proposed by Mr.
Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant
to section 601 of the concurrent resolution on the budget for fiscal
year 2008; as follows:

In the amendment strike all after the first word and insert
the following:
It is the sense of the Senate that Congress should provide
tax relief to help families afford the cost of higher
education, including making tuition deductible against taxes,
and eliminate wasteful spending, such as spending on
unnecessary tax loopholes, in order to fully offset the cost
and avoid forcing taxpayers to pay substantially more
interest to foreign creditors; and that such relief should be
provided on an appropriate legislative vehicle that won't
jeopardize legislation providing greater access and
affordability to higher education for millions of students by
subjecting the bill to a ``blue slip'' by the House.
______

SA 2362. Mr. DeMINT proposed an amendment to amendment SA 2327
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for
reconciliation pursuant to section 601 of the concurrent resolution on
the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. ___. REPEAL OF APPLICABILITY OF SUNSET OF THE ECONOMIC
GROWTH AND TAX RELIEF RECONCILIATION ACT OF
2001 WITH RESPECT TO ADOPTION CREDIT AND
ADOPTION ASSISTANCE PROGRAMS.

Section 901 of the Economic Growth and Tax Relief
Reconciliation Act of 2001 is amended by adding at the end
the following new subsection:
``(c) Exception.--Subsection (a) shall not apply to the
amendments made by section 202 (relating to expansion of
adoption credit and adoption assistance programs).''.
______

SA 2363. Ms. LANDRIEU proposed an amendment to amendment SA 2362
proposed by Mr. DeMint to the amendment SA 2327 proposed by Mr. Kennedy
to the bill H.R. 2669, to provide for reconciliation pursuant to
section 601 of the concurrent resolution on the budget for fiscal year
2008; as follows:

Strike all after the first word and insert:
It is the sense of the Senate that Congress should
permanently extend the adoption tax credit and eliminate
wasteful spending, such as spending on unnecessary tax
loopholes, in order to fully offset the cost and avoid
forcing taxpayers to pay substantially more interest to
foreign creditors; and that such relief should be provided on
an appropriate legislative vehicle that won't jeopardize
legislation providing greater access and affordability to
higher education for millions of students by subjecting the
bill to a ``blue slip'' by the House.
______

SA 2364. Mr. KERRY proposed an amendment to amendment SA 2353
submitted by Mr. Kyl to the amendment SA 2327 proposed by Mr. Kennedy
to the bill H.R. 2669, to provide for reconciliation pursuant to
section 601 of the concurrent resolution on the budget for fiscal year
2008; as follows:

Strike all after the first word and insert:
It is the sense of the Senate that Congress should provide
relief from the Alternative Minimum Tax to prevent the
expansion of the AMT to nearly 23 million taxpayers in 2007
and eliminate wasteful spending, such as spending on
unnecessary tax loopholes, in order to fully offset the cost
of such repeal and avoid forcing taxpayers to pay
substantially more interest to foreign creditors; and that
such relief should be provided on an appropriate legislative
vehicle that won't jeopardize legislation providing greater
access and affordability to higher education for millions of
students by subjecting the bill to a ``blue slip'' by the
House.

____________________