[Congressional Record Volume 152, Number 65 (Tuesday, May 23, 2006)]
[Senate]
[Pages S4973-S5026]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4108. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:


[[Page S4974]]


       On page 364, line 22, after ``an'' insert the following: 
     ``alien who is unlawfully present in the United States, or an 
     alien receiving adjustment of status under section 408(h) of 
     this Act who was illegally present in the United States prior 
     to January 7, 2004, section 601 of this Act, or section 
     613(c) of this Act, shall not be eligible for the Earned 
     Income Tax Credit. With respect to benefits other than the 
     Earned Income Tax Credit, an alien''.
                                 ______
                                 
  SA 4109. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 295, line 10, strike available, and insert--
     ``available, subject to the numerical limitations in sections 
     201(d) and 203(b)
                                 ______
                                 
  SA 4110. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

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

     SEC. 766. IMMIGRATION OF RELATIVES OF UNITED STATES CITIZENS.

       (a) Repeal of Exemption From Numerical Limitation for 
     Parents of Citizens.--Section 201(b)(2)(A)(i) (8 U.S.C. 
     1151(b)(2)(A)(i)) is amended--
       (1) by striking ``children, spouses, and parents'' and 
     inserting ``children and spouses''; and
       (2) by striking ``States, except that, in the cases of 
     parents, such citizens shall be at least 21 years of age.'' 
     and inserting ``States.''.
       (b) Repeal of Preference Allocation of Family-Sponsored 
     Immigrant Visas for the Brothers and Sisters of Citizens.--
     Section 203(a) (8 U.S.C. 1153(a)) is amended by striking 
     paragraph (4).
                                 ______
                                 
  SA 4111. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

     SEC.   . LIMITATION.

       (a) The total number of aliens and dependents of such 
     aliens who receive legal permanent resident status as a 
     result of the provisions of title VI of this Act, or the 
     amendments made by such title, shall not exceed a total of 
     7,000,000. If the number of aliens qualified to adjust to 
     legal permanent resident status under Title VI of this Act 
     exceeds 7,000,000, they shall still be eligible to receive a 
     green card, but the total number of immigrants under 
     subsection (b) shall he reduced by the total number of such 
     qualified aliens in excess of 7,000,000.
       (b) Except as provided in subsection (a), the total number 
     of aliens and dependents of such aliens who receive legal 
     permanent resident status shall not exceed 18,000,000 during 
     each 10-year period beginning with the period extending from 
     2007 through 2016.''.
                                 ______
                                 
  SA 4112. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. ALIEN MEDICAL RESIDENT SERVICE REQUIREMENT.

       Any alien admitted as a nonimmigrant under section 
     101(a)(15)(H)(i)(b) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(H)(i)(b)), who is participating in a 
     medical residency program in the United States, shall, during 
     the 3-year period beginning on the date of commencement of 
     such nonimmigrant status (or, in the case of an alien who 
     initially practices medicine as part of such medical 
     residency program in a medical facility that is located in an 
     area described in paragraph (1) or (2)), during the 3-year 
     period beginning on the date of completion of such program), 
     practice medicine in a facility that is located in--
       (1) a Health Professional Shortage Area (as designated 
     under section 5 of title 42, Code of Federal Regulations); or
       (2) a Medically Underserved Area (as designated by the 
     Secretary of Health and Human Services).
                                 ______
                                 
  SA 4113. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. EXEMPTION FROM NUMERICAL LIMITATION FOR PHYSICIANS 
                   PRACTICING IN UNDERSERVED AREAS.

       Section 214(g)(5) (8 U.S.C. 1184(g)(5)) is amended--
       (1) in subparagraph (B), by striking ``or'' at the end;
       (2) in subparagraph (C), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(D) practices medicine for at least 5 years in a facility 
     that is located in a Health Professional Shortage Area (as 
     designated under section 5 of title 42, Code of Federal 
     Regulations) or a Medically Underserved Area (as designated 
     by the Secretary of Health and Human Services).''.
                                 ______
                                 
  SA 4114. Mr. GREGG (for himself, Ms. Cantwell, Mr. Alexander, and Mr. 
Bond) submitted an amendment intended to be proposed by him to the bill 
S. 2611, to provide comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 345, between lines 5 and 6, insert the following:
       (e) Worldwide Level of Immigrants With Advanced Degrees.--
     Section 201 (8 U.S.C. 1151) is amended--
       (1) in subsection (a)(3), by inserting ``and immigrants 
     with advanced degrees'' after ``diversity immigrants''; and
       (2) by amending subsection (e) to read as follows:
       ``(e) Worldwide Level of Diversity Immigrants and 
     Immigrants With Advanced Degrees.--
       ``(1) Diversity immigrants.--The worldwide level of 
     diversity immigrants described in section 203(c)(1) is equal 
     to 18,333 for each fiscal year.
       ``(2) Immigrants with advanced degrees.--The worldwide 
     level of immigrants with advanced degrees described in 
     section 203(c)(2) is equal to 36,667 for each fiscal year.''.
       (f) Immigrants With Advanced Degrees.--Section 203 (8 
     U.S.C. 1153(c)) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by striking ``paragraph (2), aliens 
     subject to the worldwide level specified in section 201(e)'' 
     and inserting ``paragraphs (2) and (3), aliens subject to the 
     worldwide level specified in section 201(e)(1)'';
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (C) by inserting after paragraph (1) the following:
       ``(2) Aliens who hold an advanced degree in science, 
     mathematics, technology, or engineering.--
       ``(A) In general.--Qualified immigrants who hold a master's 
     or doctorate degree in the life sciences, the physical 
     sciences, mathematics, technology, or engineering from an 
     accredited university in the United States, or an equivalent 
     foreign degree, shall be allotted visas each fiscal year in a 
     number not to exceed the worldwide level specified in section 
     201(e)(2).
       ``(B) Economic considerations.--Beginning on the date which 
     is 1 year after the date of the enactment of this paragraph, 
     the Secretary of State, in consultation with the Secretary of 
     Commerce and the Secretary of Labor, and after notice and 
     public hearing, shall determine which of the degrees 
     described in subparagraph (A) will provide immigrants with 
     the knowledge and skills that are most needed to meet 
     anticipated workforce needs and protect the economic security 
     of the United States.'';
       (D) in paragraph (3), as redesignated, by striking ``this 
     subsection'' each place it appears and inserting ``paragraph 
     (1)''; and
       (E) by amending paragraph (4), as redesignated, to read as 
     follows:
       ``(4) Maintenance of information.--
       ``(A) Diversity immigrants.--The Secretary of State shall 
     maintain information on the age, occupation, education level, 
     and other relevant characteristics of immigrants issued visas 
     under paragraph (1).
       ``(B) Immigrants with advanced degrees.--The Secretary of 
     State shall maintain information on the age, degree 
     (including field of study), occupation, work experience, and 
     other relevant characteristics of immigrants issued visas 
     under paragraph (2).''; and
       (2) in subsection (e)--
       (A) in paragraph (2), by striking ``(c)'' and inserting 
     ``(c)(1)'';
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) Immigrant visas made available under subsection 
     (c)(2) shall be issued as follows:
       ``(A) If the Secretary of State has not made a 
     determination under subsection (c)(2)(B), immigrant visas 
     shall be issued in a strictly random order established by the 
     Secretary for the fiscal year involved.
       ``(B) If the Secretary of State has made a determination 
     under subsection (c)(2)(B) and the number of eligible 
     qualified immigrants who have a degree selected under such 
     subsection and apply for an immigrant visa described in 
     subsection (c)(2) is greater than the worldwide level 
     specified in section 201(e)(2), the Secretary shall issue 
     immigrant visas only to such immigrants and in a strictly 
     random order established by the Secretary for the fiscal year 
     involved.
       ``(C) If the Secretary of State has made a determination 
     under subsection (c)(2)(B) and the number of eligible 
     qualified immigrants who have degrees selected under such 
     subsection and apply for an immigrant visa described in 
     subsection (c)(2) is not greater than the worldwide level 
     specified in section 201(e)(2), the Secretary shall--
       ``(i) issue immigrant visas to eligible qualified 
     immigrants with degrees selected in subsection (c)(2)(B); and
       ``(ii) issue any immigrant visas remaining thereafter to 
     other eligible qualified immigrants with degrees described in 
     subsection

[[Page S4975]]

     (c)(2)(A) in a strictly random order established by the 
     Secretary for the fiscal year involved.''.
       (g) Effective Date.--The amendments made by subsections (e) 
     and (f) shall take effect on October 1, 2006.
                                 ______
                                 
  SA 4115. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 219, line 18, insert after ``or (a)(2)'' the 
     following: ``or knowingly employs an alien after receiving a 
     final nonconfirmation''.
       On page 227, line 17, strike ``amended by adding at the 
     end'' and insert the following: ``amended--
       (1) in subparagraph (G)--
       (A) by inserting ``(i)'' after ``(G)'';
       (B) by striking ``banknote paper'' and inserting ``durable 
     plastic or similar material''; and
       (C) by adding at the end the following new clauses:
       ``(ii) Each Social Security card issued under this 
     subparagraph shall include an encrypted machine-readable 
     electronic identification strip which shall be unique to the 
     individual to whom the card is issued. The Commissioner shall 
     develop such electronic identification strip in consultation 
     with the Secretary of Homeland Security.
       ``(iii) Each Social Security card issued under this 
     subparagraph shall contain--
       ``(I) physical security features designed to prevent 
     tampering, counterfeiting, or duplication of the card for 
     fraudulent purposes; and
       ``(II) a disclaimer stating the following: `This card shall 
     not be used for the purpose of identification.'.
       ``(iv) The Commissioner shall provide for the issuance (or 
     reissuance) to each individual who--
       ``(I) has been assigned a Social Security account number 
     under subparagraph (B),
       ``(II) has attained the minimum age applicable, in the 
     jurisdiction in which such individual engages in employment, 
     for legally engaging in such employment, and
       ``(III) files application for such card under this clause 
     in such form and manner as shall be prescribed by the 
     Commissioner,

     a Social Security card which meets the preceding requirements 
     of this subparagraph and which includes a recent digitized 
     photograph of the individual to whom the card is issued.
       ``(v) The Commissioner shall maintain an ongoing effort to 
     develop measures in relation to the Social Security card and 
     the issuance thereof to preclude fraudulent use thereof.''; 
     and
       (2) by adding at the end
                                 ______
                                 
  SA 4116. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 244, after line 24, add the following:
       (d) Exclusion of Illegal Aliens From Congressional 
     Apportionment Tabulations.--Upon completion of the report 
     under subsection (c), the Director of the Bureau of the 
     Census shall make such adjustments in total population 
     figures as may be necessary, using methods and procedures 
     that the Director determines to be feasible and appropriate, 
     to ensure that individuals who are found by an authorized 
     Federal agency to be unlawfully present in the United States 
     are not counted in tabulating population for purposes of 
     apportionment of Representatives in Congress among the 
     several States.
                                 ______
                                 
  SA 4117. Mr. LEAHY (for himself, Mr. Coleman, Mr. Lieberman, Mr. 
Kennedy, Mr. Chafee, Mr. Harkin, Mr. Bingaman, and Mr. Sununu) 
submitted an amendment intended to be proposed by him to the bill S. 
2611, to provide for comprehensive immigration reform and for other 
purposes; as follows:

       On page 65, line 24, strike ``f'' and insert the following;
       (f) Terrorist Organizations.--
       (1) Definitions.--Section 212(a)(3)(B)(vi) (8 U.S.C. 
     1182(a)(3)(B)(vi)) is amended by striking subclause (III) and 
     inserting the following:
       ``(III) that is a group of two or more individuals, whether 
     organized or not, which engages in, or has a subgroup which 
     engages in, the activities described in subclauses (I) 
     through (VI) of clause (iv), and that the Secretary of State, 
     in consultation with or upon the request of the Attorney 
     General or the Secretary of Homeland Security, has determined 
     that these activities threaten the security of United States 
     nationals or the national security of the United States.
       ``(vii) Applicability.--Clause (iv)(VI) shall not apply 
     to--
       ``(I) any active or former member of the Armed Forces of 
     the United States with regard to activities undertaken in the 
     course of official military duties; or
       ``(II) any alien determined not to be a threat to the 
     security of United States nationals or the national security 
     of the United States and who is not otherwise inadmissible on 
     security related grounds under this subparagraph.''.
       (2) Temporary admission of Non-Immigrants.--Section 
     212(d)(3)(B)(i) (8 U.S.C. 1182(d)(3)(B)(i)) is amended to 
     read as follows:
       ``(i) The Secretary of State, after consultation with the 
     Attorney General and the Secretary of Homeland Security, or 
     the Secretary of Homeland Security, after consultation with 
     the Secretary of State and the Attorney General, may conclude 
     in such Secretary's sole unreviewable discretion that 
     subclause (IV)(bb), (VI), or (VII) of subsection (a)(3)(B)(i) 
     shall not apply to an alien, that subsection 
     (a)(3)(B)(iv)(VI) shall not apply with respect to any 
     material support an alien afforded to an organization (or its 
     members) or individual that has engaged in a terrorist 
     activity, or that subsection (a)(3)(B)(vi)(III) shall not 
     apply to a group, or to a subgroup of such group, within the 
     scope of that subsection. The Secretary of State may not, 
     however, exercise discretion under this clause with respect 
     to an alien once removal proceedings against the alien are 
     instituted under section 240.''.
       (g)
                                 ______
                                 
  SA 4118. Mr. BUNNING submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC.   . CITIZENSHIP STATUS AT BIRTH FOR CHILDREN OF NON-
                   CITIZEN, NONPERMANENT RESIDENT ALIENS.

       (a) Purpose.--The purpose of this section is to deny 
     automatic citizenship at birth to children born in the United 
     States if neither parent is a citizen or permanent resident 
     alien of the United States.
       (b) Amendments.--
       (1) In general.--Chapter 1 of title III of the Immigration 
     and Nationality Act (8 U.S.C. 1401 et seq.) is amended--
       (A) in section 301(a), by inserting ``(as defined in 
     section 309A))'' after ``subject to the jurisdiction 
     thereof''; and
       (B) by adding at the end the following new section:

     ``SEC. 309A. PERSONS BORN TO CITIZENS OR PERMANENT RESIDENT 
                   ALIENS.

       ``(a) For purposes of section 301(a), a person born in the 
     United States shall be considered to be `subject to the 
     jurisdiction of the United States' only if--
       ``(1) the child was born in wedlock in the United States to 
     a parent who is--
       ``(A) a citizen or national of the United States; or
       ``(B) an alien who is lawfully admitted for permanent 
     residence and maintains his or her residence in the United 
     States; or
       ``(2) the child was born out of wedlock in the United 
     States to a mother who is--
       ``(A) a citizen or national of the United States; or
       ``(B) an alien who is lawfully admitted for permanent 
     residence and maintains her residence in the United States.
       ``(b) For purposes of this section, a child is considered 
     to be `born in wedlock' only if, at the time of such birth--
       ``(1) the child's parents are married to each other; and
       ``(2) the marriage referred to in paragraph (1) is not a 
     common law marriage.''.
       (2) Clerical amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 note) is 
     amended by inserting after the item relating to section 309 
     the following new item:
       ``Sec. 309A. Children born to non-citizens or non-permanent 
     resident aliens.''.
       (c) Effective Date.--The amendments made by subsection (b) 
     shall apply to aliens born on or after the date of enactment 
     of this Act.
                                 ______
                                 
  SA 4119. Mr. BUNNING submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1325(a).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1326(a).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 18 U.S.C. 758.
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1324(a)(1)(A)(iv).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1324(a)(l)(A)(v)(I).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1324(a)(1)(A)(v)(II).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment

[[Page S4976]]

     of status under any provision from criminal or civil 
     liability under 8 U.S.C. 1325( c).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1324(a)(1)(A)(iii).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1324(a)(1)(A)(v)(I).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1324(a)(1)(A)(v)(II).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1324d(a)(1)(A).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 18 U.S.C. 1546(b).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 18 U.S.C. 1621.
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 18 U.S.C. 1001.
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 18 U.S.C. 1425(a).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 18 U.S.C. 1426.
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 18 U.S.C. 1427.
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1423.
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1324c(a)(1).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1324c(a)(2).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1324(c)(3).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 8 U.S.C. 1324c(a)(5).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any proyision from criminal or 
     civil liability under 42 U.S.C. 408(a)(7)(A).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 42 U.S.C. 408(a)(7)(B).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 42 U.S.C. 408(a)(7)(C).
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 42 U.S.C. 408.
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 18 U.S.C. 1621.
       Notwithstanding any other provision of this Act, nothing in 
     this Act shall be construed to absolve those granted 
     adjustment of status under any provision from criminal or 
     civil liability under 18 U.S.C. 611.
                                 ______
                                 
  SA 4120. Mr. BUNNING submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 7, between lines 16 and 17, insert the following:

     SEC. 5. EFFECTIVENESS OF CERTAIN PROVISIONS CONTINGENT ON 
                   COST ESTIMATE BY THE CONGRESSIONAL BUDGET 
                   OFFICE.

       Notwithstanding any other provision of this Act, in the 
     case of any provision of this Act (including an amendment 
     made by such provision) that grants change of legal status, 
     or adjustment of current status, of an individual who enters 
     the United States in violation of Federal law, such provision 
     shall not go into effect until the Congressional Budget 
     Office submits to Congress a report setting forth a 
     comprehensive estimate and assessment of the costs of the 
     implementation such provision.
                                 ______
                                 
  SA 4121. Mr. BUNNING submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Sec. 133(h) is amended to read as follows:
       ``(h) Assistance to Law Enforcement.--Notwithstanding any 
     other provision of law, a member of the National Guard 
     providing assistance under this section may participate in a 
     search, seizure, or similar activity, in order to detain an 
     individual until law enforcement personnel can assume custody 
     of such individual.''
                                 ______
                                 
  SA 4122. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 249, strike lines 16 through 20, and insert the 
     following:
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is 18 months after the 
     date that a total of $400,000,000 has been appropriated and 
     made available to the Secretary to implement the Electronic 
     Employment Verification System established under 274A(d) of 
     the Immigration and Nationality Act, as amended by section 
     301(a), with respect to aliens, who, on such effective date, 
     are outside of the United States.
                                 ______
                                 
  SA 4123. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title II, insert the following:

     SEC. __. EXPANSION OF THE JUSTICE PRISONER AND ALIEN TRANSFER 
                   SYSTEM.

       Not later than 60 days after the date of enactment of this 
     Act, the Attorney General shall issue a directive to expand 
     the Justice Prisoner and Alien Transfer System (JPATS) so 
     that such System provides additional services with respect to 
     aliens who are illegally present in the United States. Such 
     expansion should include--
       (1) increasing the daily operations of such System with 
     buses and air hubs in 3 geographic regions;
       (2) allocating a set number of seats for such aliens for 
     each metropolitan area;
       (3) allowing metropolitan areas to trade or give some of 
     seats allocated to them under the System for such aliens to 
     other areas in their region based on the transportation needs 
     of each area; and
       (4) requiring an annual report that analyzes of the number 
     of seats that each metropolitan area is allocated under this 
     System for such aliens and modifies such allocation if 
     necessary.
                                 ______
                                 
  SA 4124. Mr. BURNS submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

     SEC.   . EXCLUSION OF ILLEGAL ALIENS FROM CONGRESSIONAL 
                   APPORTIONMENT TABULATIONS.

       In addition to any report under this act the Director of 
     the Bureau of the Census shall submit to Congress a report on 
     the impact of illegal immigration on the apportionment of 
     Representatives of Congress among the several states, and any 
     methods and procedures that the Director determines to be 
     feasible and appropriate, to ensure that individuals who are 
     found by an authorized Federal agency to be unlawfully 
     present in the United States are not counted in tabulating 
     population for purposes of apportionment of Representatives 
     in Congress among the several States.
                                 ______
                                 
  SA 4125. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 345, strike line 10 and all that follows through 
     page 395, line 23, and insert the following:

      Subtitle A--Mandatory Departure and Reentry in Legal Status

     SEC. 601. MANDATORY DEPARTURE AND REENTRY IN LEGAL STATUS.

       (a) In General.--Title II (8 U.S.C. 1151 et seq.) is 
     amended by inserting after section 218C, as added by section 
     405, the following:

     ``SEC. 218D. MANDATORY DEPARTURE AND REENTRY.

       ``(a) In General.--The Secretary of Homeland Security may 
     grant Deferred Mandatory Departure status to aliens who are 
     in the United States illegally to allow such aliens time to 
     depart the United States and to seek admission as a 
     nonimmigrant or immigrant alien.
       ``(b) Requirements.--
       ``(1) Presence.--An alien shall establish that the alien--
       ``(A) was physically present in the United States on or 
     before April 5, 2001;

[[Page S4977]]

       ``(B) has been continuously in the United States since that 
     date; and
       ``(C) was not legally present in the United States under 
     any classification set forth in section 101(a)(15) on that 
     date.
       ``(2) Employment.--An alien must establish that the alien--
       ``(A) has been employed in the United States, in the 
     aggregate, for at least 3 years during the 5-year period 
     ending on April 5, 2006; and
       ``(B) has been employed in the United States since that 
     date.
       ``(3) Admissibility.--
       ``(A) In general.--The alien must establish that the 
     alien--
       ``(i) is admissible to the United States (except as 
     provided in subparagraph (B)); and
       ``(ii) has not assisted in the persecution of any person or 
     persons on account of race, religion, nationality, membership 
     in a particular social group, or political opinion.
       ``(B) Grounds not applicable.--The provisions of paragraphs 
     (5), (6)(A), and (7) of section 212(a) shall not apply.
       ``(C) Waiver.--The Secretary of Homeland Security may waive 
     any other provision of section 212(a), or a ground of 
     ineligibility under paragraph (4), as applied to individual 
     aliens--
       ``(i) for humanitarian purposes;
       ``(ii) to assure family unity; or
       ``(iii) if such waiver is otherwise in the public interest.
       ``(4) Grounds for ineligibility.--
       ``(A) In general.--Except as provided under subparagraphs 
     (B) and (C), an alien is ineligible for Deferred Mandatory 
     Departure status if--
       ``(i) the alien has been ordered removed from the United 
     States--

       ``(I) for overstaying the period of authorized admission 
     under section 217;
       ``(II) under section 235 or 238; or
       ``(III) pursuant to a final order of removal under section 
     240;

       ``(ii) the alien failed to depart the United States during 
     the period of a voluntary departure order under section 240B;
       ``(iii) the alien is subject to section 241(a)(5);
       ``(iv) the alien fails to comply with any request for 
     information by the Secretary of Homeland Security;
       ``(v) the Secretary of Homeland Security determines that--

       ``(I) the alien, having been convicted by a final judgment 
     of a serious crime, constitutes a danger to the community of 
     the United States;
       ``(II) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(III) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States; or

       ``(vi) the alien has been convicted of a felony or 3 or 
     more misdemeanors.
       ``(B) Exception.--Notwithstanding clauses (i) and (ii) of 
     subparagraph (A), an alien who has not been ordered removed 
     from the United States shall remain eligible for Deferred 
     Mandatory Departure status if the alien's ineligibility under 
     such clauses is solely related to the alien's--
       ``(i) entry into the United States without inspection;
       ``(ii) remaining in the United States beyond the period of 
     authorized admission; or
       ``(iii) failure to maintain legal status while in the 
     United States.
       ``(C) Waiver.--The Secretary of Homeland Security may, in 
     the Secretary's sole and unreviewable discretion, waive the 
     applicability of clauses (i) and (ii) of subparagraph (A) if 
     the alien was ordered removed on the basis that the alien--
       ``(i)(I) entered the United States without inspection;
       ``(II) failed to maintain legal status while in the United 
     States; or
       ``(III) was ordered removed under section 212(a)(6)(C)(i) 
     prior to April 7, 2006; and
       ``(ii)(I) demonstrates that the alien did not receive 
     notice of removal proceedings in accordance with paragraph 
     (1) or (2) of section 239(a);
       ``(II) establishes that the alien's failure to appear was 
     due to exceptional circumstances beyond the control of the 
     alien; or
       ``(III) the alien's departure from the United States would 
     result in extreme hardship to the alien's spouse, parent, or 
     child, who is a citizen of the United States or an alien 
     lawfully admitted for permanent residence.
       ``(5) Medical examination.--The alien may be required, at 
     the alien's expense, to undergo an appropriate medical 
     examination (including a determination of immunization 
     status) that conforms to generally accepted professional 
     standards of medical practice.
       ``(6) Termination.--The Secretary of Homeland Security may 
     terminate an alien's Deferred Mandatory Departure status--
       ``(A) if the Secretary determines that the alien was not 
     eligible for such status; or
       ``(B) if the alien commits an act that makes the alien 
     removable from the United States.
       ``(7) Application content and waiver.--
       ``(A) Application form.--The Secretary of Homeland Security 
     shall create an application form that an alien shall be 
     required to complete as a condition of obtaining Deferred 
     Mandatory Departure status.
       ``(B) Content.--In addition to any other information that 
     the Secretary determines is required to determine an alien's 
     eligibility for Deferred Mandatory Departure, the Secretary 
     shall require an alien to answer questions concerning the 
     alien's physical and mental health, criminal history and gang 
     membership, immigration history, involvement with groups or 
     individuals that have engaged in terrorism, genocide, 
     persecution, or who seek the overthrow of the United States 
     government, voter registration history, claims to United 
     States citizenship, and tax history.
       ``(C) Waiver.--The Secretary of Homeland Security shall 
     require an alien to include with the application a waiver of 
     rights that explains to the alien that, in exchange for the 
     discretionary benefit of obtaining Deferred Mandatory 
     Departure status, the alien agrees to waive any right to 
     administrative or judicial review or appeal of an immigration 
     officer's determination as to the alien's eligibility, or to 
     contest any removal action, other than on the basis of an 
     application for asylum pursuant to the provisions contained 
     in section 208 or 241(b)(3), or under the Convention Against 
     Torture and Other Cruel, Inhuman or Degrading Treatment or 
     Punishment, done at New York December 10, 1984.
       ``(D) Knowledge.--The Secretary of Homeland Security shall 
     require an alien to include with the application a signed 
     certification in which the alien certifies that the alien has 
     read and understood all of the questions and statements on 
     the application form, and that the alien certifies under 
     penalty of perjury under the laws of the United States that 
     the application, and any evidence submitted with it, are all 
     true and correct, and that the applicant authorizes the 
     release of any information contained in the application and 
     any attached evidence for law enforcement purposes.
       ``(c) Implementation and Application Time Periods.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     ensure that the application process is secure and 
     incorporates anti-fraud protection. The Secretary shall 
     interview an alien to determine eligibility for Deferred 
     Mandatory Departure status and shall utilize biometric 
     authentication at time of document issuance.
       ``(2) Initial receipt of applications.--The Secretary of 
     Homeland Security shall begin accepting applications for 
     Deferred Mandatory Departure status not later than 3 months 
     after the date of the enactment of the Comprehensive 
     Immigration Reform Act of 2006.
       ``(3) Application.--An alien shall submit an initial 
     application for Deferred Mandatory Departure status not later 
     than 6 months after the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006. An alien that 
     fails to comply with this requirement is ineligible for 
     Deferred Mandatory Departure status.
       ``(4) Completion of processing.--The Secretary of Homeland 
     Security shall ensure that all applications for Deferred 
     Mandatory Departure status are processed not later than 12 
     months after the date of the enactment of the Comprehensive 
     Immigration Reform Act of 2006.
       ``(d) Security and Law Enforcement Background Checks.--An 
     alien may not be granted Deferred Mandatory Departure status 
     unless the alien submits biometric data in accordance with 
     procedures established by the Secretary of Homeland Security. 
     The Secretary of Homeland Security may not grant Deferred 
     Mandatory Departure status until all appropriate background 
     checks are completed to the satisfaction of the Secretary of 
     Homeland Security.
       ``(e) Acknowledgment.--An alien who applies for Deferred 
     Mandatory Departure status shall submit to the Secretary of 
     Homeland Security--
       ``(1) an acknowledgment made in writing and under oath that 
     the alien--
       ``(A) is unlawfully present in the United States and 
     subject to removal or deportation, as appropriate, under this 
     Act; and
       ``(B) understands the terms of the terms of Deferred 
     Mandatory Departure;
       ``(2) any Social Security account number or card in the 
     possession of the alien or relied upon by the alien;
       ``(3) any false or fraudulent documents in the alien's 
     possession.
       ``(f) Mandatory Departure.--
       ``(1) In general.--The Secretary of Homeland Security may, 
     in the Secretary's sole and unreviewable discretion, grant 
     Deferred Mandatory Departure status to an alien for a period 
     not to exceed 5 years.
       ``(2) Registration at time of departure.--An alien granted 
     Deferred Mandatory Departure shall--
       ``(A) depart the United States before the expiration of the 
     period of Deferred Mandatory Departure status;
       ``(B) register with the Secretary of Homeland Security at 
     the time of departure; and
       ``(C) surrender any evidence of Deferred Mandatory 
     Departure status at time of departure.
       ``(3) Return in legal status.--An alien who complies with 
     the terms of Deferred Mandatory Departure status and departs 
     before the expiration of such status--
       ``(A) shall not be subject to section 212(a)(9)(B); and
       ``(B) may immediately seek admission as a nonimmigrant or 
     immigrant, if otherwise eligible.
       ``(4) Failure to depart.--An alien who fails to depart the 
     United States before the expiration of Deferred Mandatory 
     Departure status is not eligible and may not apply for or 
     receive any immigration relief or benefit under this Act or 
     any other law for a period of 10 years, except as provided 
     under section

[[Page S4978]]

     208 or 241(b)(3) or the Convention Against Torture and Other 
     Cruel, Inhuman or Degrading Treatment or Punishment, done at 
     New York December 10, 1984, in the case of an alien who 
     indicates an intention to apply for asylum under section 208 
     or a fear of persecution or torture.
       ``(5) Penalties for delayed departure.--An alien who fails 
     to immediately depart the United States shall be subject to--
       ``(A) no fine if the alien departs the United States not 
     later than 1 year after being granted Deferred Mandatory 
     Departure status;
       ``(B) a fine of $2,000 if the alien remains in the United 
     States for more than 1 year and not more than 2 years after 
     being granted Deferred Mandatory Departure status;
       ``(C) a fine of $3,000 if the alien remains in the United 
     States for more than 2 years and not more than 3 years after 
     being granted Deferred Mandatory Departure status;
       ``(D) a fine of $4,000 if the alien remains in the United 
     States for more than 3 years and not more than 4 years after 
     being granted Deferred Mandatory Departure status; and
       ``(E) a fine of $5,000 if the alien remains in the United 
     States for more than 4 years after being granted Deferred 
     Mandatory Departure status.
       ``(g) Evidence of Deferred Mandatory Departure Status.--
     Evidence of Deferred Mandatory Departure status shall be 
     machine-readable, tamper-resistant, and allow for biometric 
     authentication. The Secretary of Homeland Security is 
     authorized to incorporate integrated-circuit technology into 
     the document. The Secretary of Homeland Security shall 
     consult with the Forensic Document Laboratory in designing 
     the document. The document may serve as a travel, entry, and 
     work authorization document during the period of its 
     validity. The document may be accepted by an employer as 
     evidence of employment authorization and identity under 
     section 274A(b)(1)(B).
       ``(h) Terms of Status.--
       ``(1) Reporting.--During the period in which an alien is in 
     Deferred Mandatory Departure status, the alien shall comply 
     with all registration requirements under section 264.
       ``(2) Travel.--
       ``(A) An alien granted Deferred Mandatory Departure status 
     is not subject to section 212(a)(9) for any unlawful presence 
     that occurred before the Secretary of Homeland Security 
     granting such status to the alien.
       ``(B) Under regulations established by the Secretary of 
     Homeland Security, an alien granted Deferred Mandatory 
     Departure status--
       ``(i) may travel outside of the United States and may be 
     readmitted if the period of Deferred Mandatory Departure 
     status has not expired; and
       ``(ii) shall establish, at the time of application for 
     admission, that the alien is admissible under section 212.
       ``(C) Effect on period of authorized admission.--Time spent 
     outside the United States under subparagraph (B) shall not 
     extend the period of Deferred Mandatory Departure status.
       ``(3) Benefits.--During the period in which an alien is 
     granted Deferred Mandatory Departure status under this 
     section, the alien--
       ``(A) shall not be considered to be permanently residing in 
     the United States under the color of law and shall be treated 
     as a nonimmigrant admitted under section 214; and
       ``(B) may be deemed ineligible for public assistance by a 
     State or any political subdivision of a State that furnishes 
     such assistance.
       ``(i) Prohibition on Change of Status or Adjustment of 
     Status.--An alien granted Deferred Mandatory Departure status 
     may not apply to change status under section 248 or, unless 
     otherwise eligible under section 245(i), from applying for 
     adjustment of status to that of a permanent resident under 
     section 245.
       ``(j) Application Fee.--
       ``(1) In general.--An alien seeking a grant of Deferred 
     Mandatory Departure status shall submit, in addition to any 
     other fees authorized by law, an application fee of $1,000.
       ``(2) Use of fee.--The fees collected under paragraph (1) 
     shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove 
     illegal aliens.
       ``(k) Family Members.--
       ``(1) Family members.--
       ``(A) In general.--The spouse or child of an alien granted 
     Deferred Mandatory Departure status is subject to the same 
     terms and conditions as the principal alien, but is not 
     authorized to work in the United States.
       ``(B) Application fee.--
       ``(i) In general.--The spouse or child of an alien seeking 
     Deferred Mandatory Departure status shall submit, in addition 
     to any other fee authorized by law, an additional fee of 
     $500.
       ``(ii) Use of fee.--The fees collected under clause (i) 
     shall be available for use by the Secretary of Homeland 
     Security for activities to identify, locate, or remove aliens 
     who are removable under section 237.
       ``(l) Employment.--
       ``(1) In general.--An alien may be employed by any United 
     States employer authorized by the Secretary of Homeland 
     Security to hire aliens.
       ``(2) Continuous employment.--An alien granted Deferred 
     Mandatory Departure status shall be employed while the alien 
     is in the United States. An alien who fails to be employed 
     for 30 days may not be hired until the alien has departed the 
     United States and reentered. The Secretary of Homeland 
     Security may, in the Secretary's sole and unreviewable 
     discretion, reauthorize an alien for employment without 
     requiring the alien's departure from the United States.
       ``(m) Enumeration of Social Security Number.--The Secretary 
     of Homeland Security, in coordination with the Commissioner 
     of the Social Security System, shall implement a system to 
     allow for the enumeration of a Social Security number and 
     production of a Social Security card at the time the 
     Secretary of Homeland Security grants an alien Deferred 
     Mandatory Departure status.
       ``(n) Penalties for False Statements in Application for 
     Deferred Mandatory Departure.--
       ``(1) Criminal penalty.--
       ``(A) Violation.--It shall be unlawful for any person--
       ``(i) to file or assist in filing an application for 
     adjustment of status under this section and knowingly and 
     willfully falsify, misrepresent, conceal, or cover up a 
     material fact or make any false, fictitious, or fraudulent 
     statements or representations, or make or use any false 
     writing or document knowing the same to contain any false, 
     fictitious, or fraudulent statement or entry; or
       ``(ii) to create or supply a false writing or document for 
     use in making such an application.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       ``(2) Inadmissibility.--An alien who is convicted of a 
     crime under paragraph (1) shall be considered to be 
     inadmissible to the United States on the ground described in 
     section 212(a)(6)(C)(i).
       ``(o) Relation to Cancellation of Removal.--With respect to 
     an alien granted Deferred Mandatory Departure status under 
     this section, the period of such status shall not be counted 
     as a period of physical presence in the United States for 
     purposes of section 240A(a), unless the Secretary of Homeland 
     Security determines that extreme hardship exists.
       ``(p) Waiver of Rights.--An alien is not eligible for 
     Deferred Mandatory Departure status, unless the alien has 
     waived any right to contest, other than on the basis of an 
     application for asylum or protection under the Convention 
     Against Torture and Other Cruel, Inhuman or Degrading 
     Treatment or Punishment, done at New York December 10, 1984, 
     any action for deportation or removal of the alien that is 
     instituted against the alien subsequent to a grant of 
     Deferred Mandatory Departure status.
       ``(q) Denial of Discretionary Relief.--The determination of 
     whether an alien is eligible for a grant of Deferred 
     Mandatory Departure status is solely within the discretion of 
     the Secretary of Homeland Security. Notwithstanding any other 
     provision of law, no court shall have jurisdiction to 
     review--
       ``(1) any judgment regarding the granting of relief under 
     this section; or
       ``(2) any other decision or action of the Secretary of 
     Homeland Security the authority for which is specified under 
     this section to be in the discretion of the Secretary, other 
     than the granting of relief under section 1158(a).
       ``(r) Judicial Review.--
       ``(1) Limitations on relief.--Without regard to the nature 
     of the action or claim and without regard to the identity of 
     the party or parties bringing the action, no court may--
       ``(A) enter declaratory, injunctive, or other equitable 
     relief in any action pertaining to--
       ``(i) an order or notice denying an alien a grant of 
     Deferred Mandatory Departure status or any other benefit 
     arising from such status; or
       ``(ii) an order of removal, exclusion, or deportation 
     entered against an alien after a grant of Deferred Mandatory 
     Departure status; or
       ``(B) certify a class under Rule 23 of the Federal Rules of 
     Civil Procedure in any action for which judicial review is 
     authorized under a subsequent paragraph of this subsection.
       ``(2) Challenges to validity.--
       ``(A) In general.--Any right or benefit not otherwise 
     waived or limited pursuant this section is available in an 
     action instituted in the United States District Court for the 
     District of Columbia, but shall be limited to determinations 
     of--
       ``(i) whether such section, or any regulation issued to 
     implement such section, violates the Constitution of the 
     United States; or
       ``(ii) whether such a regulation, or a written policy 
     directive, written policy guideline, or written procedure 
     issued by or under the authority the Secretary of Homeland 
     Security to implement such section, is not consistent with 
     applicable provisions of this section or is otherwise in 
     violation of law.''.
       (b) Conforming Amendments.--
       (1) Clerical amendment.--The table of contents is amended 
     by inserting after the item relating to section 218C the 
     following:

``Sec. 218D. Mandatory departure and reentry.''.

       (2) Deportation.--Section 237(a)(2)(A)(i)(II) (8 U.S.C. 
     1227(a)(2)(A)(i)(II)) is amended by striking the period at 
     the end and inserting ``(or 6 months in the case of an alien 
     granted Deferred Mandatory Departure status under section 
     218D),''.

[[Page S4979]]

     SEC. 602. STATUTORY CONSTRUCTION.

       Nothing in this title, or any amendment made by this title, 
     shall be construed to create any substantive or procedural 
     right or benefit that is legally enforceable by any party 
     against the United States or its agencies or officers or any 
     other person.

     SEC. 603. EXCEPTIONS FOR HUMANITARIAN REASONS.

       Notwithstanding any other provision of law, an alien of 
     good moral character may be exempt from Deferred Mandatory 
     Departure status and may apply for lawful permanent resident 
     status during the 1-year period beginning on the date of the 
     enactment of this Act if the alien--
       (1) is the spouse of a citizen of the United States at the 
     time of application for lawful permanent resident status;
       (2) is the parent of a child who is a citizen of the United 
     States;
       (3) is not younger than 65 years of age;
       (4) is not older than 16 years of age and is attending 
     school in the United States;
       (5) is younger than 5 years of age;
       (6) on removal from the United States, would suffer long-
     term endangerment to the life of the alien; or
       (7) owns a business or real property in the United States.

     SEC. 604. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated $1,000,000,000 for 
     facilities, personnel (including consular officers), 
     training, technology, and processing necessary to carry out 
     this title and the amendments made by this title.
                                 ______
                                 
  SA 4126. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Insert in the appropriate place:
       Resolved, That it is the Sense of the Senate--
       (1) That the national security of the United States depends 
     on an immigration policy, the first step of which, is to 
     secure our borders and to control the flow of illegal 
     immigration;
       (2) That our national immigration policy must demand 
     accountability from those who hire illegal workers by 
     creating a national employee verification system that 
     employers would be required to use to verify the legal status 
     of their employees and imposing severe penalties for 
     employers who hire illegal workers;
       (3) That Congress must be able to confirm to the American 
     public that the borders are secured and an employment 
     verification system is in place before determining the final 
     status of those persons who are not currently lawfully in the 
     United States;
       (4) That any temporary worker program enacted by Congress 
     should contain both positive incentives for preferable 
     conduct and negative consequences for objectionable conduct;
       (5) That temporary worker status should be extended to 
     reward continuous employment, English fluency, and private 
     health insurance coverage;
       (6) That temporary worker status should not be given to 
     people who are not working full time; who have committed a 
     crime or may present a danger to American citizens or legal 
     immigrants; or who go on, or are likely to go on, public 
     assistance or become dependent on any other government 
     program; and
       (7) That America should fully recognize and appreciate that 
     America is a nation of immigrants, but also a nation of laws, 
     and that the American people should welcome those who want to 
     enter the country legally, learn English, maintain 
     employment, pay taxes and contribute to our communities.
                                 ______
                                 
  SA 4127. Mr. BYRD (for himself and Mr. Gregg) submitted an amendment 
intended to be proposed by him to the bill S. 2611, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 537, between lines 2 and 3, insert the following:

     SEC. 645. SUPPLEMENTAL IMMIGRATION FEE.

       (a) Authorization of Fee.--
       (1) In general.--Subject to paragraph (2), any alien who 
     receives any immigration benefit under this title, or the 
     amendments made by this title, shall, before receiving such 
     benefit, pay a fee to the Secretary in an amount equal to 
     $500, in addition to other applicable fees and penalties 
     imposed under this title, or the amendments made by this 
     title.
       (2) Fees contingent on appropriations.--No fee may be 
     collected under this section except to the extent that the 
     expenditure of the fee to pay the costs of activities and 
     services for which the fee is imposed, as described in 
     subsection (b), is provided for in advance in an 
     appropriations Act.
       (b) Deposit and Expenditure of Fees.--
       (1) Deposit.--Amounts collected under subsection (a) shall 
     be deposited as an offsetting collection in, and credited to, 
     the accounts providing appropriations-
       (A) to carry out the apprehension and detention of any 
     alien who is inadmissible by reason of any offense described 
     in section 212(a);
       (B) to carry out the apprehension and detention of any 
     alien who is deportable for any offense under section 237(a);
       (C) to acquire border sensor and surveillance technology;
       (D) for air and marine interdiction, operations, 
     maintenance, and procurement;
       (E) for construction projects in support of the United 
     States Customs and Border Protection;
       (F) to train Federal law enforcement personnel; and
       (G) for maritime security activities.
       (2) Availability of fees.--Amounts deposited under 
     paragraph (1) shall remain available until expended for the 
     activities and services described in paragraph (1).
                                 ______
                                 
  SA 4128. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 2611, to provide for comprehensive 
immigration reform and for other purposes; which was ordered to lie on 
the table; as follows:

       Beginning on page 575, strike 22 and all that follows 
     through page 577, line 25, and insert the following:
       (c) Stay of Removal; Work Authorization.--
       (1) In general.--The Secretary shall establish, by 
     regulation, a process by which an alien subject to a final 
     order of removal may seek a stay of such order based on the 
     filing of an application under subsection (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), the Secretary shall not order any alien to be 
     removed from the United States, if the alien is in removal 
     proceedings under any provision of such Act and has applied 
     for adjustment of status under subsection (a), except where 
     the Secretary has rendered a final administrative 
     determination to deny the application.
       (3) Work authorization.--The Secretary shall authorize an 
     alien who has applied for adjustment of status under 
     subsection (a) to engage in employment in the United States 
     during the pendency of such application.
       (d) Availability of Administrative Review.--The Secretary 
     shall provide to applicants for adjustment of status under 
     subsection (a) the same right to, and procedures for, 
     administrative review as are provided to--
       (1) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255); or
       (2) aliens subject to removal proceedings under section 240 
     of such Act (8 U.S.C. 1229a).

     SEC. 743. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT 
                   VICTIMS OF TERRORISM.

       (a) In General.--Subject to the provisions of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     other than subsections (b)(1), (d)(1), and (e) of section 
     240A of such Act (8 U.S.C. 1229b), the Secretary shall, under 
     such section 240A, cancel the removal of, and adjust to the 
     status of an alien lawfully admitted for permanent residence, 
     an alien described in subsection (b), if the alien applies 
     for such relief.
       (b) Aliens Eligible for Cancellation of Removal.--The 
     benefits provided by subsection (a) shall apply to any alien 
     who was, on September 10, 2001, the spouse, child, dependent 
     son, or dependent daughter of an alien who died as a direct 
     result of a specified terrorist activity.
                                 ______
                                 
  SA 4129. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 12, line 1, strike ``(e)'' and insert the 
     following:
       (e) Unmanned Aerial Vehicle Pilot Program.--During the 1-
     year period beginning on the date on which the report is 
     submitted under subsection (c), the Secretary shall conduct a 
     pilot program, based at the Northern Border airbase in Great 
     Falls, Montana, to test unmanned aerial vehicles for border 
     surveillance along the international border between Canada 
     and the United States.
       (f)
                                 ______
                                 
  SA 4130. Mr. AKAKA (for himself, Ms. Mikulski, Mr. Stevens) submitted 
an amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. DESIGNATION OF PROGRAM COUNTRIES.

       Section 217(c)(1) (8 U.S.C. 1187(c)(1)) is amended to read 
     as follows:
       ``(1) In general.--As soon as any country fully meets the 
     requirements under paragraph (2), the Secretary of Homeland 
     Security, in consultation with the Secretary of State, shall 
     designate such country as a program country.''.
                                 ______
                                 
  SA 4131. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 316, strike lines 1 through 5, and insert the 
     following:
       ``(2) Visas for spouses and children.--

[[Page S4980]]

       ``(A) In general.--Except as provided in subparagraph (B), 
     immigrant visas issued on or after October 1, 2004, to 
     spouses and children of employment-based immigrants shall not 
     be counted against the numerical limitation set forth in 
     paragraph (1).
       ``(B) Numerical limitation.--The total number of visas 
     issued under paragraph (1)(A) and paragraph (2), excluding 
     such visas issued to aliens pursuant to section 245B or 
     section 245C of the Immigration and Nationality Act, may not 
     exceed 650,000 during any fiscal year.
       ``(C) Construction.--Nothing in this paragraph may be 
     construed to modify the requirement set out in 245B(a)(1)(I) 
     or 245C(i)(2)(A) that prohibit an alien from receiving an 
     adjustment of status to that of a legal permanent resident 
     prior to the consideration of all applications filed under 
     section 201, 202, or 203 before the date of enactment of 
     section 245B and 245C.
                                 ______
                                 
  SA 4132. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 290, between lines 7 and 8, and insert the 
     following:
       (3) to study the impact of numerical limitations on 
     employment-based visas issued under section 201(d) of the 
     Immigration and Nationality Act, as amended by section 
     501(b), on the wages, working conditions, and employment of 
     United States workers, and to make recommendations to the 
     Secretary of Labor regarding any need to modify such 
     numerical limitations.
                                 ______
                                 
  SA 4133. Mr. DODD (for himself, Mr. Lugar, and Mr. Salazar) submitted 
an amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in the bill insert the following 
     new section
       Sec.   . Consultation Requirement. Consultations between 
     United States and Mexican authorities at the federal, state, 
     and local levels concerning the construction of additional 
     fencing and related border security structures along the 
     United States-Mexico border, provided for elsewhere in this 
     Act, shall be undertaken prior to commencing any new 
     construction, in order to solicit the views of affected 
     communities, lessen tensions and foster greater understanding 
     and stronger cooperation on this and other important security 
     issues of mutual concern.
                                 ______
                                 
  SA 4134. Mr. KYL submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 249, strike lines 16 through 20, and insert the 
     following:
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is 18 months after the 
     date that a total of $400,000,000 has been appropriated and 
     made available to the Secretary to implement the Electronic 
     Employment Verification System established under 274A(d) of 
     the Immigration and Nationality Act, as amended by section 
     301(a), with respect to aliens, who, on such effective date, 
     are outside of the United States.
       (2) Exception.--Not later than 1 year after the date of the 
     enactment of this Act, the amendment made by subsection (a) 
     may apply to aliens who are reentering the United States 
     pursuant to section 245C of the Immigration and Nationality 
     Act, as added by section 601(c).
       Subsection (b) of section 406 is amended to read as 
     follows:
       (b) Effective Date and Application.--The amendments made by 
     sections 403, 404, and 405 shall take effect on the date that 
     is 1 year after the date of the enactment of this Act and 
     shall be applied as follows:
       (1) Not later than 1 year after the date of the enactment 
     of this Act, such amendments. shall apply to aliens who are 
     reentering the United States pursuant to section 245C of the 
     Immigration and Nationality Act, as added by section 601(c).
       (2) Not later than 18 months after the date that not less 
     than $400,000,000 have been appropriated and made available 
     to the Secretary to implement the Electronic Employment 
     Verification System established under 274A(d) of the 
     Immigration and Nationality Act, as amended by section 
     301(a), such amendment shall apply to aliens, who, on such 
     effective date, are outside of the United States.
                                 ______
                                 
  SA 4135. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 364, line 22, after ``an'' insert the following--

     ``alien who is unlawfully present in the United States, or an 
     alien receiving adjustment of status under section 408(h) of 
     this Act who was illegally present in the United States prior 
     to January 7, 2004, section 601 of this Act, or section 
     613(c) of this Act, shall not be eligible for the Earned 
     Income Tax Credit. With respect to benefits other than the 
     Earned Income Tax Credit, an alien''.
                                 ______
                                 
  SA 4136. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 351, line 13, strike ``The alien'' through ``which 
     taxes are owed.'' on page 351, line 22, and insert the 
     following:
       ``(i) In general.--The alien may satisfy such requirement 
     by establishing that--
       ``(I) no such tax liability exists;
       ``(II) all outstanding liabilities have been met; or
       ``(III) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service and with the department of revenue of each State to 
     which taxes are owed.
       ``(ii) Limitation.--Provided further that an alien required 
     to pay taxes under this subparagraph, or who otherwise 
     satisfies the requirements of clause (i), shall not be 
     allowed to collect any tax refund for any taxable year prior 
     to 2006, or to file any claim for the Earned Income Tax 
     Credit, or any other tax credit otherwise allowable under the 
     tax code, prior to such taxable year.''
                                 ______
                                 
  SA 4137. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 411, after line 25, insert the following clause:
       (iii) Limitation.--Provided further that an alien required 
     to to pay taxes under this subparagraph, or who otherwise 
     satisfies the requirements of subclause (I), (II), or (II) of 
     clause (i), shall not be allowed to collect any tax refund 
     for any taxable year prior to 2006, or to file any claim for 
     the Earned Income Tax Credit, or any other tax credit 
     otherwise allowable under the tax code, prior to such taxable 
     year.''
                                 ______
                                 
  SA 4138. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 36, between lines 5 and 6, insert the following:
       (c) Northern Border Training Facility Feasibility Study.--
       (1) In general.--The Comptroller General of the United 
     States, in consultation with the Secretary, shall conduct a 
     study to examine the feasibility of establishing a northern 
     border training facility at Rainy River Community College in 
     International Falls, Minnesota to carry out the training 
     programs described in this subsection.
       (2) Use of training facility.--The training facility should 
     be designed to allow the Secretary to conduct a variety of 
     supplemental and periodic training programs for border 
     security personnel stationed along the northern international 
     border between the United States and Canada.
       (3) Training curriculum.--The training curriculum, as 
     determined by the Secretary, would be offered at the training 
     facility through multi-day training programs involving 
     classroom and real-world applications, and would include 
     training in--
       (A) a variety of disciplines relating to offensive and 
     defensive skills for personnel and vehicle safety, 
     including--
       (i) firearms and weapons;
       (ii) self defense;
       (iii) search and seizure;
       (iv) defensive and high speed driving;
       (v) mobility training;
       (vi) the use of all-terrain vehicles, watercraft, aircraft 
     and snowmobiles; and
       (vii) safety issues related to biological and chemical 
     hazards;
       (B) technology upgrades and integration; and
       (C) matters relating directly to terrorist threats and 
     issues, including--
       (i) profiling;
       (ii) changing tactics;
       (iii) language;
       (iv) culture; and
       (v) communications.
                                 ______
                                 
  SA 4139. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. ESTABLISHMENT OF A NATIONAL PUBLIC ACHIEVEMENT PILOT 
                   PROGRAM FOR NEW IMMIGRANTS AND CROSS-CULTURAL 
                   UNDERSTANDING.

       (a) Findings.--Congress finds that--
       (1) it is desirable to educate new immigrants about 
     American civic rights and duties;
       (2) fostering civic dialogue between new immigrants and 
     American citizens will help to bring new immigrants into the 
     fabric of the communities in which they live;
       (3) for over 15 years, the Public Achievement program at 
     the University of Minnesota has given people the opportunity 
     to be producers and creators of their communities;

[[Page S4981]]

       (4) through that program, participants have learned basic 
     methods for becoming civically engaged citizens;
       (5) the Public Achievement program was created in 1990 as a 
     partnership between the city of St. Paul, Minnesota and the 
     Center for Democracy and Citizenship at the Humphrey 
     Institute of Public Affairs;
       (6) as of the date of enactment of this Act, public 
     achievement programs have been established in the States of 
     Minnesota, New York, Colorado, Florida, New Hampshire, 
     Wisconsin, California, and Missouri;
       (7) internationally, the Public Achievement program (and 
     similar programs) are active in Northern Ireland, Turkey, 
     Palestine, Israel, Poland, Moldova, Ukraine, Romania, 
     Bulgaria, Serbia, Macedonia, Albania, Kosovo, and Scotland;
       (8) the Public Achievement program has been recognized 
     nationally as a promising model of youth civic engagement by 
     the National Commission on Civic Renewal and in the Civic 
     Mission of Schools report by the Carnegie Corporation of New 
     York and the Center for Information and Research on Civic 
     Learning and Engagement (CIRCLE);
       (9) the Public Achievement program model of civic 
     engagement is a valuable model for programs that assist new 
     immigrants in integrating their lives into American society;
       (10) working alongside American-born citizens to practice 
     the skills of citizenship, new immigrants involved in public 
     achievement programs will begin to understand and embrace 
     American civic values;
       (11) through public achievement programs, American citizens 
     will put their values into action and gain understanding of 
     and appreciation for new cultures; and
       (12) through public work and reflection, immigrants and 
     American citizens will continue to foster the true American 
     spirit that includes freedom, democracy, citizenship, and 
     other ideals that are at the core of American society.
       (b) Establishment.--The Director of the Bureau of 
     Citizenship and Immigration Services shall establish a 
     National Public Achievement Pilot Program for new immigrants 
     and to increase cross-cultural understanding that is carried 
     out at elementary, middle, and high schools in the United 
     States for the purposes described in subsection (c).
       (c) Purposes.--The purposes of the National Public 
     Achievement Pilot Program for new immigrants and cross-
     cultural understanding shall be--
       (1) to assist the integration into American society by 
     developing civic skills and engaging immigrants and American 
     citizens in creative opportunities for enhancing public life;
       (2) to promote sustained productive efforts between people 
     of different backgrounds, views, and interests;
       (3) to educate new immigrant groups regarding methods to 
     become involved in local and national civics, while teaching 
     others about the culture of such groups; and
       (4) to enable American citizens and immigrants to work 
     together and with civic, educational, community-based, and 
     faith-based organizations to create a broad culture of 
     citizenship, civic renewal, and inter-cultural understanding.
                                 ______
                                 
  SA 4140. Mr. DOMENICI (for himself, Mr. Kyl, and Mrs. Hutchison) 
submitted an amendment intended to be proposed by him to the bill S. 
2611, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ADDITIONAL DISTRICT COURT JUDGESHIPS.

       The President shall appoint, by and with the advice and 
     consent of the Senate, 1 additional district court judge for 
     each district court--
       (1) in which immigration filings during fiscal year 2004 
     represented more than 50 percent of all criminal filings 
     during such fiscal year; and
       (2) for which the 2005 Judicial Conference recommendations 
     included at least 1 additional temporary or permanent 
     judgeship.
                                 ______
                                 
  SA 4141. Mr. SCHUMER (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 320, line 4, strike ``(c)'' and insert the 
     following:
       (c) Diversity Immigrants.--Section 203(c) (8 U.S.C. 
     1153(c)) is amended--
       (1) in paragraph (2)--
       (A) in subparagraph (A), by striking ``, or'' and inserting 
     ``; and''; and
       (B) by amending subparagraph (B) to read as follows:
       ``(B) has at least--
       ``(i) 2 years of work experience in an occupation that 
     requires at least 2 years of training or experience; or
       ``(ii) 4 years of formal education beyond the education 
     described in subparagraph (A).''; and
       (2) by adding at the end the following:
       ``(4) Grounds for ineligibility.--Notwithstanding any other 
     provision in this Act, an alien is ineligible to receive a 
     visa under this subsection if the alien is described in 
     paragraph (1) (relating to health-related grounds), (2) 
     (relating to criminal and related grounds), (3) (relating to 
     security and terrorist grounds), (4) (relating to likelihood 
     to become a public charge), (6) (relating to illegal entrants 
     and immigration violators), (8) (relating to permanent 
     ineligibility for citizenship), or (9) (relating to aliens 
     previously removed) of section 212(a).''.
       (d)
                                 ______
                                 
  SA 4142. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; as follows:

       On page 183, between lines 4 and 5, insert the following:

     SEC. 235. WAIVER OF CERTAIN GROUNDS FOR INADMISSIBILITY OR 
                   REMOVAL BASED ON HARDSHIP TO CITIZEN OR 
                   PERMANENT RESIDENT ALIEN SPOUSE, PARENT, OR 
                   CHILD.

       (a) Waiver.--Notwithstanding any other provision of law and 
     except as provided in subsection (b), the Secretary of 
     Homeland Security (in the sole and unreviewable discretion of 
     the Secretary) or the Attorney General (in the sole and 
     unreviewable discretion of the Attorney General), as 
     applicable, may waive any ground of inadmissibility or 
     removal of an alien under, or arising from, an amendment made 
     by a provision of section 203, 208, 209, 214 or 222 of this 
     Act if the denial of admission or removal of such alien would 
     result in an extreme hardship to a spouse, parent, or child 
     of such alien who is a citizen or an alien lawfully admitted 
     for permanent residence.
       (b) Exception for Terrorists.--No waiver may be made under 
     subsection (a) under or arising from an amendment referred to 
     in that subsection with respect to a ground of 
     inadmissability or removal under a provision of law as 
     follows:
       (1) Section 212(a)(3) of the Immigration and Nationality 
     Act.
       (2) Section 237(a)(4) of the Immigration and Nationality 
     Act.
                                 ______
                                 
  SA 4143. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 107, strike lines 15 through 18 and insert the 
     following:
       ``(4) Duration of offense.--
       ``(A) In general.--An offense under this subsection 
     continues until the alien is discovered within the United 
     States by an immigration officer.
       ``(B) Applicability.--Subparagraph (A) shall apply only to 
     offenses that occur after the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006.
                                 ______
                                 
  SA 4144. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 265, between lines 7 and 8, insert the following:
       ``(b) Required Procedure.--
       ``(1) Efforts to recruit united states workers.--During the 
     period beginning not later than 90 days prior to the date on 
     which a petition is filed under subsection (a)(1), and ending 
     on the date that is 14 days prior to the date on which the 
     petition is filed, the employer involved shall take the 
     following steps to recruit United States workers for the 
     position for which the H-2C nonimmigrant is sought under the 
     petition:
       ``(A) Submit a copy of the job offer, including a 
     description of the wages and other terms and conditions of 
     employment and the minimum education, training, experience 
     and other requirements of the job, to the State Employment 
     Service Agency that serves the area of employment in the 
     State in which the employer is located.
       ``(B) Authorize the State Employment Service Agency to post 
     the job opportunity on the Internet through the website for 
     America's Job Bank, with local job banks, and with 
     unemployment agencies and other labor referral and 
     recruitment sources pertinent to the job involved.
       ``(C) Authorize the State Employment Service Agency to 
     notify labor organizations in the State in which the job is 
     located, and if applicable, the office of the local union 
     which represents the employees in the same or substantially 
     equivalent job classification of the job opportunity.
       ``(D) Post the availability of the job opportunity for 
     which the employer is seeking a worker in conspicuous 
     locations at the place of employment for all employees to 
     see.
       ``(2) Efforts to employ united states workers.--An employer 
     that seeks to employ an H-2C nonimmigrant shall--
       ``(A) first offer the job to any eligible United States 
     worker who applies, is qualified for the job, and is 
     available at the time of need;
       ``(B) be required to maintain for at least 1 year after the 
     employment relation is terminated, documentation of 
     recruitment efforts and responses conducted and received 
     prior to the filing of the employer's application with the 
     Department of Labor, including resumes, applications, and if 
     applicable, tests of United States workers who applied and

[[Page S4982]]

     were not hired for the job the employer seeks to fill with a 
     nonimmigrant worker; and
       ``(C) certify that there are not sufficient United States 
     workers who are able, willing, qualified, and available at 
     the time of the filing of the application.''.
                                 ______
                                 
  SA 4145. Mr. LAUTENBERG submitted an amendment intended to be 
proposed by him to the bill S. 2611, to provide for comprehensive 
immigration reform and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 575, strike lines 22 through 24.
                                 ______
                                 
  SA 4146. Ms. LANDRIEU submitted an amendment intended to be proposed 
by her to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 345, between lines 5 and 6, insert the following:

Subtitle B--Preservation of Immigration Benefits for Hurricane Katrina 
                                Victims

     SEC. 511. SHORT TITLE.

       This subtitle may be cited as the ``Hurricane Katrina 
     Victims Immigration Benefits Preservation Act''.

     SEC. 512. DEFINITIONS.

       In this subtitle:
       (1) Application of definitions from the immigration and 
     nationality act.--Except as otherwise specifically provided 
     in this subtitle, the definitions in the Immigration and 
     Nationality Act shall apply in the administration of this 
     subtitle.
       (2) Direct result of a specified hurricane disaster.--The 
     term ``direct result of a specified hurricane disaster''--
       (A) means physical damage, disruption of communications or 
     transportation, forced or voluntary evacuation, business 
     closures, or other circumstances directly caused by Hurricane 
     Katrina (on or after August 26, 2005) or Hurricane Rita (on 
     or after September 21, 2005); and
       (B) does not include collateral or consequential economic 
     effects in or on the United States or global economies.

     SEC. 513. SPECIAL IMMIGRANT STATUS.

       (a) Provision of Status.--
       (1) In general.--For purposes of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may 
     provide an alien described in subsection (b) with the status 
     of a special immigrant under section 101(a)(27) of such Act 
     (8 U.S.C. 1101(a)(27)), if the alien--
       (A) files with the Secretary a petition under section 204 
     of such Act (8 U.S.C. 1154) for classification under section 
     203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
       (B) is otherwise eligible to receive an immigrant visa; and
       (C) is otherwise admissible to the United States for 
     permanent residence.
       (2) Inapplicable provision.--In determining admissibility 
     under paragraph (1)(C), the grounds for inadmissibility 
     specified in section 212(a)(4) of such Act (8 U.S.C. 
     1182(a)(4)) shall not apply.
       (b) Aliens Described.--
       (1) Principal aliens.--An alien is described in this 
     subsection if--
       (A) the alien was the beneficiary of--
       (i) a petition that was filed with the Secretary on or 
     before August 26, 2005--

       (I) under section 204 of the Immigration and Nationality 
     Act (8 U.S.C. 1154) to classify the alien as a family-
     sponsored immigrant under section 203(a) of such Act (8 
     U.S.C. 1153(a)) or as an employment-based immigrant under 
     section 203(b) of such Act (8 U.S.C. 1153(b)); or
       (II) under section 214(d) of such Act (8 U.S.C. 1184(d)) to 
     authorize the issuance of a nonimmigrant visa to the alien 
     under section 101(a)(15)(K) of such Act (8 U.S.C. 
     1101(a)(15)(K)); or

       (ii) an application for labor certification under section 
     212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) that was 
     filed under regulations of the Secretary of Labor on or 
     before such date; and
       (B) such petition or application was revoked or terminated 
     (or otherwise rendered null), before or after its approval, 
     solely due to--
       (i) the death or disability of the petitioner, applicant, 
     or alien beneficiary as a direct result of a specified 
     hurricane disaster; or
       (ii) loss of employment as a direct result of a specified 
     hurricane disaster.
       (2) Spouses and children.--
       (A) In general.--An alien is described in this subsection 
     if--
       (i) the alien, as of August 26, 2005, was the spouse or 
     child of a principal alien described in paragraph (1); and
       (ii) the alien--

       (I) is accompanying such principal alien; or
       (II) is following to join such principal alien not later 
     than August 26, 2007.

       (B) Construction.--In construing the terms ``accompanying'' 
     and ``following to join'' in subparagraph (A)(ii), the death 
     of a principal alien described in paragraph (1)(B)(i) shall 
     be disregarded.
       (3) Grandparents or legal guardians of orphans.--An alien 
     is described in this subsection if the alien is a grandparent 
     or legal guardian of a child whose parents died as a direct 
     result of a specified hurricane disaster, if either of the 
     deceased parents was, as of August 26, 2005, a citizen or 
     national of the United States or an alien lawfully admitted 
     for permanent residence in the United States.
       (c) Priority Date.--Immigrant visas made available under 
     this section shall be issued to aliens in the order in which 
     a petition on behalf of each such alien is filed with the 
     Secretary under subsection (a)(1), except that if an alien 
     was assigned a priority date with respect to a petition 
     described in subsection (b)(1)(A)(i), the alien may maintain 
     that priority date.
       (d) Numerical Limitations.--In applying sections 201 
     through 203 of the Immigration and Nationality Act (8 U.S.C. 
     1151-1153) in any fiscal year, aliens eligible to be provided 
     status under this section shall be treated as special 
     immigrants who are not described in subparagraph (A), (B), 
     (C), or (K) of section 101(a)(27) of such Act (8 U.S.C. 
     1101(a)(27)).

     SEC. 514. EXTENSION OF FILING OR REENTRY DEADLINES.

       (a) Automatic Extension of Nonimmigrant Status.--
       (1) In general.--Notwithstanding section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184), an alien 
     described in paragraph (2) who was lawfully present in the 
     United States as a nonimmigrant on August 26, 2005, may, 
     unless otherwise determined by the Secretary in the 
     Secretary's discretion, lawfully remain in the United States 
     in the same nonimmigrant status until the later of--
       (A) the date on which such lawful nonimmigrant status would 
     have otherwise terminated absent the enactment of this 
     subsection; or
       (B) 1 year after the death or onset of disability described 
     in paragraph (2).
       (2) Aliens described.--
       (A) Principal aliens.--An alien is described in this 
     paragraph if the alien was disabled as a direct result of a 
     specified hurricane disaster.
       (B) Spouses and children.--An alien is described in this 
     paragraph if the alien, as of August 26, 2005, was the spouse 
     or child of--
       (i) a principal alien described in subparagraph (A); or
       (ii) an alien who died as a direct result of a specified 
     hurricane disaster.
       (3) Authorized employment.--During the period in which a 
     principal alien or alien spouse is in lawful nonimmigrant 
     status under paragraph (1), the alien may be provided an 
     ``employment authorized'' endorsement or other appropriate 
     document signifying authorization of employment.
       (b) New Deadlines for Extension or Change of Nonimmigrant 
     Status.--
       (1) Filing delays.--
       (A) In general.--If an alien, who was lawfully present in 
     the United States as a nonimmigrant on August 26, 2005, was 
     prevented from filing a timely application for an extension 
     or change of nonimmigrant status as a direct result of a 
     specified hurricane disaster, the alien's application may be 
     considered timely filed if it is filed not later 1 year after 
     the application would have otherwise been due.
       (B) Circumstances preventing timely action.--For purposes 
     of subparagraph (A), circumstances preventing an alien from 
     timely acting are--
       (i) office closures;
       (ii) mail or courier service cessations or delays;
       (iii) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements;
       (iv) mandatory evacuation and relocation; or
       (v) other circumstances, including medical problems or 
     financial hardship.
       (2) Departure delays.--
       (A) In general.--If an alien, who was lawfully present in 
     the United States as a nonimmigrant on August 26, 2005, is 
     unable to timely depart the United States as a direct result 
     of a specified hurricane disaster, the alien shall not be 
     considered to have been unlawfully present in the United 
     States during the period beginning on August 26, 2005, and 
     ending on the date of the alien's departure, if such 
     departure occurred on or before February 28, 2006.
       (B) Circumstances preventing timely action.--For purposes 
     of subparagraph (A), circumstances preventing an alien from 
     timely acting are--
       (i) office closures;
       (ii) transportation cessations or delays;
       (iii) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements;
       (iv) mandatory evacuation and relocation; or
       (v) other circumstances, including medical problems or 
     financial hardship.
       (c) Diversity Immigrants.--Section 204(a)(1)(I)(ii)(II) (8 
     U.S.C. 1154(a)(1)(I)(ii)(II)), is amended to read as follows:
       ``(II) An immigrant visa made available under subsection 
     203(c) for fiscal year 1998, or for a subsequent fiscal year, 
     may be issued, or adjustment of status under section 245(a) 
     based upon the availability of such visa may be granted, to 
     an eligible qualified alien who has properly applied for such 
     visa or adjustment in the fiscal year for which the alien was 
     selected notwithstanding the end of such fiscal year. Such 
     visa or adjustment of status shall be counted against the 
     worldwide level set forth in subsection 201(e) for the fiscal 
     year for which the alien was selected.''.
       (d) Extension of Filing Period.--If an alien is unable to 
     timely file an application to register or reregister for 
     Temporary Protected Status under section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254a)

[[Page S4983]]

     as a direct result of a specified hurricane disaster, the 
     alien's application may be considered timely filed if it is 
     filed not later than 90 days after it otherwise would have 
     been due.
       (e) Voluntary Departure.--
       (1) In general.--Notwithstanding section 240B of the 
     Immigration and Nationality Act (8 U.S.C. 1229c), if a period 
     for voluntary departure under such section expired during the 
     period beginning on August 26, 2005, and ending on December 
     31, 2005, and the alien was unable to voluntarily depart 
     before the expiration date as a direct result of a specified 
     hurricane disaster, such voluntary departure period is deemed 
     extended for an additional 60 days.
       (2) Circumstances preventing departure.--For purposes of 
     this subsection, circumstances preventing an alien from 
     voluntarily departing the United States are--
       (A) office closures;
       (B) transportation cessations or delays;
       (C) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements;
       (D) mandatory evacuation and removal; and
       (E) other circumstances, including medical problems or 
     financial hardship.
       (f) Current Nonimmigrant Visa Holders.--
       (1) In general.--An alien, who was lawfully present in the 
     United States on August 26, 2005, as a nonimmigrant under 
     section 101(a)(15)(H) of the Immigration and Nationality Act 
     (8 U.S.C. 1101(a)(15)(H)) and lost employment as a direct 
     result of a specified hurricane disaster may accept new 
     employment upon the filing by a prospective employer of a new 
     petition on behalf of such nonimmigrant not later than August 
     26, 2006.
       (2) Continuation of employment authorization.--Employment 
     authorization shall continue for such alien until the new 
     petition is adjudicated. If the new petition is denied, such 
     employment shall cease.
       (3) Savings provision.--Nothing in this subsection shall be 
     construed to limit eligibility for portability under section 
     214(n) of the Immigration and Nationality Act (8 U.S.C. 
     1184(n)).

     SEC. 515. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES 
                   AND CHILDREN.

       (a) Treatment as Immediate Relatives.--
       (1) Spouses.--Notwithstanding the second sentence of 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who 
     was the spouse of a citizen of the United States at the time 
     of the citizen's death and was not legally separated from the 
     citizen at the time of the citizen's death, if the citizen 
     died as a direct result of a specified hurricane disaster, 
     the alien (and each child of the alien) may be considered, 
     for purposes of section 201(b) of such Act, to remain an 
     immediate relative after the date of the citizen's death if 
     the alien files a petition under section 204(a)(1)(A)(ii) of 
     such Act not later than 2 years after such date and only 
     until the date on which the alien remarries. For purposes of 
     such section 204(a)(1)(A)(ii), an alien granted relief under 
     this paragraph shall be considered an alien spouse described 
     in the second sentence of section 201(b)(2)(A)(i) of such 
     Act.
       (2) Children.--
       (A) In general.--In the case of an alien who was the child 
     of a citizen of the United States at the time of the 
     citizen's death, if the citizen died as a direct result of a 
     specified hurricane disaster, the alien may be considered, 
     for purposes of section 201(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(b)), to remain an immediate 
     relative after the date of the citizen's death (regardless of 
     subsequent changes in age or marital status), but only if the 
     alien files a petition under subparagraph (B) not later than 
     2 years after such date.
       (B) Petitions.--An alien described in subparagraph (A) may 
     file a petition with the Secretary for classification of the 
     alien under section 201(b)(2)(A)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), which shall be 
     considered a petition filed under section 204(a)(1)(A) of 
     such Act (8 U.S.C. 1154(a)(1)(A)).
       (b) Spouses, Children, Unmarried Sons and Daughters of 
     Lawful Permanent Resident Aliens.--
       (1) In general.--Any spouse, child, or unmarried son or 
     daughter of an alien described in paragraph (3) who is 
     included in a petition for classification as a family-
     sponsored immigrant under section 203(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that 
     was filed by such alien before August 26, 2005, may be 
     considered (if the spouse, child, son, or daughter has not 
     been admitted or approved for lawful permanent residence by 
     such date) a valid petitioner for preference status under 
     such section with the same priority date as that assigned 
     before the death described in paragraph (3)(A). No new 
     petition shall be required to be filed. Such spouse, child, 
     son, or daughter may be eligible for deferred action and work 
     authorization.
       (2) Self-petitions.--Any spouse, child, or unmarried son or 
     daughter of an alien described in paragraph (3) who is not a 
     beneficiary of a petition for classification as a family-
     sponsored immigrant under section 203(a)(2) of the 
     Immigration and Nationality Act may file a petition for such 
     classification with the Secretary, if the spouse, child, son, 
     or daughter was present in the United States on August 26, 
     2005. Such spouse, child, son, or daughter may be eligible 
     for deferred action and work authorization.
       (3) Aliens described.--An alien is described in this 
     paragraph if the alien--
       (A) died as a direct result of a specified hurricane 
     disaster; and
       (B) on the day of such death, was lawfully admitted for 
     permanent residence in the United States.
       (c) Applications for Adjustment of Status by Surviving 
     Spouses and Children of Employment-Based Immigrants.--
       (1) In general.--Any alien who was, on August 26, 2005, the 
     spouse or child of an alien described in paragraph (2), and 
     who applied for adjustment of status before the death 
     described in paragraph (2)(A), may have such application 
     adjudicated as if such death had not occurred.
       (2) Aliens described.--An alien is described in this 
     paragraph if the alien--
       (A) died as a direct result of a specified hurricane 
     disaster; and
       (B) on the day before such death, was--
       (i) an alien lawfully admitted for permanent residence in 
     the United States by reason of having been allotted a visa 
     under section 203(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(b)); or
       (ii) an applicant for adjustment of status to that of an 
     alien described in clause (i), and admissible to the United 
     States for permanent residence.
       (d) Applications by Surviving Spouses and Children of 
     Refugees and Asylees.--
       (1) In general.--Any alien who, on August 26, 2005, was the 
     spouse or child of an alien described in paragraph (2), may 
     have his or her eligibility to be admitted under sections 
     207(c)(2)(A) or 208(b)(3)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1157(c)(2)(A), 1158(b)(3)(A)) 
     considered as if the alien's death had not occurred.
       (2) Aliens described.--An alien is described in this 
     paragraph if the alien--
       (A) died as a direct result of a specified hurricane 
     disaster; and
       (B) on the day before such death, was--
       (i) an alien admitted as a refugee under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157); or
       (ii) granted asylum under section 208 of such Act (8 U.S.C. 
     1158).
       (e) Waiver of Public Charge Grounds.--In determining the 
     admissibility of any alien accorded an immigration benefit 
     under this section, the grounds for inadmissibility specified 
     in section 212(a)(4) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(4)) shall not apply.

     SEC. 516. RECIPIENT OF PUBLIC BENEFITS.

       An alien shall not be inadmissible under section 212(a)(4) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
     or deportable under section 237(a)(5) of such Act (8 U.S.C. 
     1227(a)(5)) on the basis that the alien received any public 
     benefit as a direct result of a specified hurricane disaster.

     SEC. 517. AGE-OUT PROTECTION.

       In administering the immigration laws, the Secretary and 
     the Attorney General may grant any application or benefit 
     notwithstanding the applicant or beneficiary (including a 
     derivative beneficiary of the applicant or beneficiary) 
     reaching an age that would render the alien ineligible for 
     the benefit sought, if the alien's failure to meet the age 
     requirement occurred as a direct result of a specified 
     hurricane disaster.

     SEC. 518. EMPLOYMENT ELIGIBILITY VERIFICATION.

       (a) In General.--The Secretary may suspend or modify any 
     requirement under section 274A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)) or subtitle A of title IV 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note), either 
     generally or with respect to particular persons, class of 
     persons, geographic areas, or economic sectors, to the extent 
     to which the Secretary determines necessary or appropriate to 
     respond to national emergencies or disasters .
       (b) Notification.--If the Secretary suspends or modifies 
     any requirement under section 274A(b) of the Immigration and 
     Nationality Act pursuant to subsection (a), the Secretary 
     shall send notice of such decision, including the reasons for 
     the suspension or modification, to--
       (1) the Committee on the Judiciary of the Senate; and
       (2) the Committee of the Judiciary of the House of 
     Representatives.
       (c) Sunset Date.--The authority under subsection (a) shall 
     expire on August 26, 2008.

     SEC. 519. NATURALIZATION.

       The Secretary may, with respect to applicants for 
     naturalization in any district of the United States 
     Citizenship and Immigration Services affected by a specified 
     hurricane disaster, administer the provisions of Title III of 
     the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) 
     notwithstanding any provision of such title relating to the 
     jurisdiction of an eligible court to administer the oath of 
     allegiance, or requiring residence to be maintained or any 
     action to be taken in any specific district or State within 
     the United States.

     SEC. 520. DISCRETIONARY AUTHORITY.

       The Secretary or the Attorney General may waive violations 
     of the immigration laws committed, on or before March 1, 
     2006, by an alien--
       (1) who was in lawful status on August 26, 2005; and
       (2) whose failure to comply with the immigration laws was a 
     direct result of a specified hurricane disaster.

     SEC. 521. EVIDENTIARY STANDARDS AND REGULATIONS.

       The Secretary shall establish appropriate evidentiary 
     standards for demonstrating, for

[[Page S4984]]

     purposes of this subtitle, that a specified hurricane 
     disaster directly resulted in--
       (1) death;
       (2) disability; or
       (3) loss of employment due to physical damage to, or 
     destruction of, a business.

     SEC. 522. IDENTIFICATION DOCUMENTS.

       (a) Temporary Identification.--The Secretary shall have the 
     authority to instruct any Federal agency to issue temporary 
     identification documents to individuals affected by a 
     specified hurricane disaster. Such documents shall be 
     acceptable for purposes of identification under any federal 
     law or regulation until August 26, 2006.
       (b) Issuance.--An agency may not issue identity documents 
     under this section after January 1, 2006.
       (c) No Compulsion to Accept or Carry Identification 
     Documents.--Nationals of the United States shall not be 
     compelled to accept or carry documents issued under this 
     section.
       (d) No Proof of Citizenship.--Identity documents issued 
     under this section shall not constitute proof of citizenship 
     or immigration status.

     SEC. 523. WAIVER OF REGULATIONS.

       The Secretary shall carry out the provisions of this 
     subtitle as expeditiously as possible. The Secretary is not 
     required to promulgate regulations before implementing this 
     subtitle. The requirements of chapter 5 of title 5, United 
     States Code (commonly referred to as the ``Administrative 
     Procedure Act'') or any other law relating to rule making, 
     information collection, or publication in the Federal 
     Register, shall not apply to any action to implement this 
     subtitle to the extent the Secretary of Homeland Security, 
     the Secretary of Labor, or the Secretary of State determine 
     that compliance with such requirement would impede the 
     expeditious implementation of such Act.

     SEC. 524. NOTICES OF CHANGE OF ADDRESS.

       (a) In General.--If a notice of change of address otherwise 
     required to be submitted to the Secretary by an alien 
     described in subsection (b) relates to a change of address 
     occurring during the period beginning on August 26, 2005, and 
     ending on the date of the enactment of this Act, the alien 
     may submit such notice.
       (b) Aliens Described.--An alien is described in this 
     subsection if the alien--
       (1) resided, on August 26, 2005, within a district of the 
     United States that was declared by the President to be 
     affected by a specified hurricane disaster; and
       (2) is required, under section 265 of the Immigration and 
     Nationality Act (8 U.S.C. 1305) or any other provision of 
     law, to notify the Secretary in writing of a change of 
     address.

     SEC. 525. FOREIGN STUDENTS AND EXCHANGE PROGRAM PARTICIPANTS.

       (a) In General.--The nonimmigrant status of an alien 
     described in subsection (b) shall be deemed to have been 
     maintained during the period beginning on August 26, 2005, 
     and ending on September 15, 2006, if, on September 15, 2006, 
     the alien is enrolled in a course of study, or participating 
     in a designated exchange visitor program, sufficient to 
     satisfy the terms and conditions of the alien's nonimmigrant 
     status on August 26, 2005.
       (b) Aliens Described.--An alien is described in this 
     subsection if the alien--
       (1) was, on August 26, 2005, lawfully present in the United 
     States in the status of a nonimmigrant described in 
     subparagraph (F), (J), or (M) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and
       (2) fails to satisfy a term or condition of such status as 
     a direct result of a specified hurricane disaster.
                                 ______
                                 
  SA 4147. Mr. NELSON of Nebraska submitted an amendment intended to be 
proposed by him to the bill S. 2611, to provide comprehensive 
immigration reform and for other purposes; which was ordered to lie on 
the table; as follows:

       Strike title III and insert the following:

     TITLE III--WORKPLACE ENFORCEMENT AND IDENTIFICATION INTEGRITY

                         Subtitle A--In General

     SEC. 301. SHORT TITLE.

       This title may be cited as the ``Employment Security Act of 
     2006''.

     SEC. 302. FINDINGS.

       Congress makes the following findings:
       (1) The failure of Federal, State, and local governments to 
     control and sanction the unauthorized employment and unlawful 
     exploitation of illegal alien workers is a primary cause of 
     illegal immigration.
       (2) The use of modern technology not available in 1986, 
     when the Immigration Reform and Control Act of 1986 (Public 
     Law 99-603; 100 Stat. 3359) created the I-9 worker 
     verification system, will enable employers to rapidly and 
     accurately verify the identity and work authorization of 
     their employees and independent contractors.
       (3) The Government and people of the United States share a 
     compelling interest in protection of United States employment 
     authorization, income tax withholding, and social security 
     accounting systems, against unauthorized access by illegal 
     aliens.
       (4) Limited data sharing between the Department of Homeland 
     Security, the Internal Revenue Service, and the Social 
     Security Administration is essential to the integrity of 
     these vital programs, which protect the employment and 
     retirement security of all working Americans.
       (5) The Federal judiciary must be open to private United 
     States citizens, legal foreign workers, and law-abiding 
     enterprises that seek judicial protection against injury to 
     their wages and working conditions due to unlawful employment 
     of illegal alien workers and the United States enterprises 
     that utilize the labor or services provided by illegal 
     aliens, especially where lack of resources constrains 
     enforcement of Federal immigration law by Federal immigration 
     officials.

         Subtitle B--Employment Eligibility Verification System

     SEC. 311. EMPLOYMENT ELIGIBILITY VERIFICATION SYSTEM.

       (a) In General.--Section 274A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)) is amended by adding at 
     the end the following:
       ``(7) Employment eligibility verification system.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     establish and administer a verification system, known as the 
     Employment Eligibility Verification System, through which the 
     Secretary--
       ``(i) responds to inquiries made by persons at any time 
     through a toll-free telephone line and other toll-free 
     electronic media concerning an individual's identity and 
     whether the individual is authorized to be employed; and
       ``(ii) maintains records of the inquiries that were made, 
     of verifications provided (or not provided), and of the codes 
     provided to inquirers as evidence of their compliance with 
     their obligations under this section.
       ``(B) Initial response.--The verification system shall 
     provide verification or a tentative nonverification of an 
     individual's identity and employment eligibility within 3 
     working days of the initial inquiry. If providing 
     verification or tentative nonverification, the verification 
     system shall provide an appropriate code indicating such 
     verification or such nonverification.
       ``(C) Secondary verification process in case of tentative 
     nonverification.--In cases of tentative nonverification, the 
     Secretary shall specify, in consultation with the 
     Commissioner of Social Security, an available secondary 
     verification process to confirm the validity of information 
     provided and to provide a final verification or 
     nonverification within 10 working days after the date of the 
     tentative nonverification. When final verification or 
     nonverification is provided, the verification system shall 
     provide an appropriate code indicating such verification or 
     nonverification.
       ``(D) Design and operation of system.--The verification 
     system shall be designed and operated--
       ``(i) to maximize its reliability and ease of use by 
     persons and other entities consistent with insulating and 
     protecting the privacy and security of the underlying 
     information;
       ``(ii) to respond to all inquiries made by such persons and 
     entities on whether individuals are authorized to be employed 
     and to register all times when such inquiries are not 
     received;
       ``(iii) with appropriate administrative, technical, and 
     physical safeguards to prevent unauthorized disclosure of 
     personal information; and
       ``(iv) to have reasonable safeguards against the system's 
     resulting in unlawful discriminatory practices based on 
     national origin or citizenship status, including--

       ``(I) the selective or unauthorized use of the system to 
     verify eligibility;
       ``(II) the use of the system prior to an offer of 
     employment; or
       ``(III) the exclusion of certain individuals from 
     consideration for employment as a result of a perceived 
     likelihood that additional verification will be required, 
     beyond what is required for most job applicants.

       ``(E) Responsibilities of the commissioner of social 
     security.--As part of the verification system, the 
     Commissioner of Social Security, in consultation with the 
     Secretary of Homeland Security (and any designee of the 
     Secretary selected to establish and administer the 
     verification system), shall establish a reliable, secure 
     method, which, within the time periods specified under 
     subparagraphs (B) and (C), compares the name and social 
     security account number provided in an inquiry against such 
     information maintained by the Commissioner in order to 
     validate (or not validate) the information provided regarding 
     an individual whose identity and employment eligibility must 
     be confirmed, the correspondence of the name and number, and 
     whether the individual has presented a social security 
     account number that is not valid for employment. The 
     Commissioner shall not disclose or release social security 
     information (other than such verification or nonverification) 
     except as provided for in this section or section 
     205(c)(2)(I) of the Social Security Act.
       ``(F) Responsibilities of the secretary of homeland 
     security.--(i) As part of the verification system, the 
     Secretary of Homeland Security (in consultation with any 
     designee of the Secretary selected to establish and 
     administer the verification system), shall establish a 
     reliable, secure method, which, within the time periods 
     specified under subparagraphs (B) and (C), compares the name 
     and alien identification or authorization number which are 
     provided in an inquiry against such information maintained by 
     the Secretary in order to validate (or not validate) the 
     information provided, the correspondence of the name and 
     number, and whether the alien is authorized to be employed in 
     the United States.

[[Page S4985]]

       ``(ii) When a single employer has submitted to the 
     verification system pursuant to paragraph (3)(A) the 
     identical social security account number in more than one 
     instance, or when multiple employers have submitted to the 
     verification system pursuant to such paragraph the identical 
     social security account number, in a manner which indicates 
     the possible fraudulent use of that number, the Secretary of 
     Homeland Security shall conduct an investigation, within the 
     time periods specified in subparagraphs (B) and (C), in order 
     to ensure that no fraudulent use of a social security account 
     number has taken place. If the Secretary has selected a 
     designee to establish and administer the verification system, 
     the designee shall notify the Secretary when a single 
     employer has submitted to the verification system pursuant to 
     paragraph (3)(A) the identical social security account number 
     in more than one instance, or when multiple employers have 
     submitted to the verification system pursuant to such 
     paragraph the identical social security account number, in a 
     manner which indicates the possible fraudulent use of that 
     number. The designee shall also provide the Secretary with 
     all pertinent information, including the name and address of 
     the employer or employers who submitted the relevant social 
     security account number, the relevant social security account 
     number submitted by the employer or employers, and the 
     relevant name and date of birth of the employee submitted by 
     the employer or employers.
       ``(G) Updating information.--The Commissioner of Social 
     Security and the Secretary of Homeland Security shall update 
     their information in a manner that promotes maximum accuracy 
     and shall provide a process for the prompt correction of 
     erroneous information, including instances in which it is 
     brought to their attention in the secondary verification 
     process described in subparagraph (C).
       ``(H) Limitation on use of the verification system and any 
     related systems.--Notwithstanding any other provision of law, 
     nothing in this subsection shall be construed to permit or 
     allow any department, bureau, or other agency of the United 
     States Government to utilize any information, database, or 
     other records assembled under this subsection for any purpose 
     other than the enforcement and administration of the 
     immigration laws, the Social Security Act, or any provision 
     of Federal criminal law.
       ``(I) Federal tort claims act.--If an individual alleges 
     that the individual would not have been dismissed from a job 
     but for an error of the verification mechanism, the 
     individual may seek compensation only through the mechanism 
     of the Federal Tort Claims Act, and injunctive relief to 
     correct such error. No class action may be brought under this 
     subparagraph.
       ``(J) Protection from liability for actions taken on the 
     basis of information.--No person or entity shall be civilly 
     or criminally liable for any action taken in good faith 
     reliance on information provided through the employment 
     eligibility verification mechanism established under this 
     paragraph.''.
       (b) Repeal of Provision Relating to Evaluations and Changes 
     in Employment Verification.--Section 274A(d) (8 U.S.C. 
     1324a(d)) is repealed.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 2 years after the date of the enactment of 
     this Act.

     SEC. 312. EMPLOYMENT ELIGIBILITY VERIFICATION PROCESS.

       (a) In General.--Section 274A of the Immigration and 
     Nationality Act (8 U.S.C. 1324a) is amended--
       (1) in subsection (a)(3), by inserting ``(A)'' after 
     ``Defense.--'', and by adding at the end the following:
       ``(B) Failure to seek and obtain verification.--In the case 
     of a person or entity in the United States that hires, or 
     continues to employ, an individual, or recruits or refers an 
     individual for employment, the following requirements apply:
       ``(i) Failure to seek verification.--
       ``(I) In general.--If the person or entity has not made an 
     inquiry, under the mechanism established under subsection 
     (b)(7), seeking verification of the identity and work 
     eligibility of the individual, by not later than the end of 3 
     working days (as specified by the Secretary of Homeland 
     Security) after the date of the hiring, the date specified in 
     subsection (b)(8)(B) for previously hired individuals, or 
     before the recruiting or referring commences, the defense 
     under subparagraph (A) shall not be considered to apply with 
     respect to any employment, except as provided in subclause 
     (II).
       ``(II) Special rule for failure of verification 
     mechanism.--If such a person or entity in good faith attempts 
     to make an inquiry in order to qualify for the defense under 
     subparagraph (A) and the verification mechanism has 
     registered that not all inquiries were responded to during 
     the relevant time, the person or entity can make an inquiry 
     until the end of the first subsequent working day in which 
     the verification mechanism registers no nonresponses and 
     qualify for such defense.
       ``(ii) Failure to obtain verification.--If the person or 
     entity has made the inquiry described in clause (i)(I) but 
     has not received an appropriate verification of such identity 
     and work eligibility under such mechanism within the time 
     period specified under subsection (b)(7)(B) after the time 
     the verification inquiry was received, the defense under 
     subparagraph (A) shall not be considered to apply with 
     respect to any employment after the end of such time 
     period.'';
       (2) by amending subparagraph (A) of subsection (b)(1) to 
     read as follows:
       ``(A) In general.--The person or entity must attest, under 
     penalty of perjury and on a form designated or established by 
     the Secretary by regulation, that it has verified that the 
     individual is not an unauthorized alien by--
       ``(i) obtaining from the individual the individual's social 
     security account number and recording the number on the form 
     (if the individual claims to have been issued such a number), 
     and, if the individual does not attest to United States 
     citizenship under paragraph (2), obtaining such 
     identification or authorization number established by the 
     Department of Homeland Security for the alien as the 
     Secretary of Homeland Security may specify, and recording 
     such number on the form; and
       ``(ii)(I) examining a document described in subparagraph 
     (B); or
       ``(II) examining a document described in subparagraph (C) 
     and a document described in subparagraph (D).

     A person or entity has complied with the requirement of this 
     paragraph with respect to examination of a document if the 
     document reasonably appears on its face to be genuine, 
     reasonably appears to pertain to the individual whose 
     identity and work eligibility is being verified, and, if the 
     document bears an expiration date, that expiration date has 
     not elapsed. If an individual provides a document (or 
     combination of documents) that reasonably appears on its face 
     to be genuine, reasonably appears to pertain to the 
     individual whose identity and work eligibility is being 
     verified, and is sufficient to meet the first sentence of 
     this paragraph, nothing in this paragraph shall be construed 
     as requiring the person or entity to solicit the production 
     of any other document or as requiring the individual to 
     produce another document.'';
       (3) in subsection (b)(1)(D)--
       (A) in clause (i), by striking ``or such other personal 
     identification information relating to the individual as the 
     Attorney General finds, by regulation, sufficient for 
     purposes of this section''; and
       (B) in clause (ii), by inserting before the period ``and 
     that contains a photograph of the individual'';
       (4) in subsection (b)(2), by adding at the end the 
     following: ``The individual must also provide that 
     individual's social security account number (if the 
     individual claims to have been issued such a number), and, if 
     the individual does not attest to United States citizenship 
     under this paragraph, such identification or authorization 
     number established by the Department of Homeland Security for 
     the alien as the Secretary may specify.'';
       (5) by amending paragraph (3) of subsection (b) to read as 
     follows:
       ``(3) Retention of verification form and verification.--
       ``(A) In general.--After completion of such form in 
     accordance with paragraphs (1) and (2), the person or entity 
     shall--
       ``(i) retain a paper, microfiche, microfilm, or electronic 
     version of the form and make it available for inspection by 
     officers of the Department of Homeland Security, the Special 
     Counsel for Immigration-Related Unfair Employment Practices, 
     or the Department of Labor during a period beginning on the 
     date of the hiring, recruiting, or referral of the individual 
     or the date of the completion of verification of a previously 
     hired individual and ending--

       ``(I) in the case of the recruiting or referral of an 
     individual, three years after the date of the recruiting or 
     referral;
       ``(II) in the case of the hiring of an individual, the 
     later of--

       ``(aa) three years after the date of such hiring; or
       ``(bb) one year after the date the individual's employment 
     is terminated; and

       ``(III) in the case of the verification of a previously 
     hired individual, the later of--

       ``(aa) three years after the date of the completion of 
     verification; or
       ``(bb) one year after the date the individual's employment 
     is terminated;
       ``(ii) make an inquiry, as provided in paragraph (7), using 
     the verification system to seek verification of the identity 
     and employment eligibility of an individual, by not later 
     than the end of 3 working days (as specified by the Secretary 
     of Homeland Security) after the date of the hiring or in the 
     case of previously hired individuals, the date specified in 
     subsection (b)(8)(B), or before the recruiting or referring 
     commences; and
       ``(iii) not commence recruitment or referral of the 
     individual until the person or entity receives verification 
     under subparagraph (B)(i) or (B)(iii).
       ``(B) Verification.--
       ``(i) Verification received.--If the person or other entity 
     receives an appropriate verification of an individual's 
     identity and work eligibility under the verification system 
     within the time period specified, the person or entity shall 
     record on the form an appropriate code that is provided under 
     the system and that indicates a final verification of such 
     identity and work eligibility of the individual.
       ``(ii) Tentative nonverification received.--If the person 
     or other entity receives a tentative nonverification of an 
     individual's identity or work eligibility under the 
     verification system within the time period specified, the 
     person or entity shall so

[[Page S4986]]

     inform the individual for whom the verification is sought. If 
     the individual does not contest the nonverification within 
     the time period specified, the nonverification shall be 
     considered final. The person or entity shall then record on 
     the form an appropriate code which has been provided under 
     the system to indicate a tentative nonverification. If the 
     individual does contest the nonverification, the individual 
     shall utilize the process for secondary verification provided 
     under paragraph (7). The nonverification will remain 
     tentative until a final verification or nonverification is 
     provided by the verification system within the time period 
     specified. In no case shall an employer terminate employment 
     of an individual because of a failure of the individual to 
     have identity and work eligibility confirmed under this 
     section until a nonverification becomes final. Nothing in 
     this clause shall apply to a termination of employment for 
     any reason other than because of such a failure.
       ``(iii) Final verification or nonverification received.--If 
     a final verification or nonverification is provided by the 
     verification system regarding an individual, the person or 
     entity shall record on the form an appropriate code that is 
     provided under the system and that indicates a verification 
     or nonverification of identity and work eligibility of the 
     individual.
       ``(iv) Extension of time.--If the person or other entity in 
     good faith attempts to make an inquiry during the time period 
     specified and the verification system has registered that not 
     all inquiries were received during such time, the person or 
     entity may make an inquiry in the first subsequent working 
     day in which the verification system registers that it has 
     received all inquiries. If the verification system cannot 
     receive inquiries at all times during a day, the person or 
     entity merely has to assert that the entity attempted to make 
     the inquiry on that day for the previous sentence to apply to 
     such an inquiry, and does not have to provide any additional 
     proof concerning such inquiry.
       ``(v) Consequences of nonverification.--

       ``(I) Termination or notification of continued 
     employment.--If the person or other entity has received a 
     final nonverification regarding an individual, the person or 
     entity may terminate employment of the individual (or decline 
     to recruit or refer the individual). If the person or entity 
     does not terminate employment of the individual or proceeds 
     to recruit or refer the individual, the person or entity 
     shall notify the Secretary of Homeland Security of such fact 
     through the verification system or in such other manner as 
     the Secretary may specify.
       ``(II) Failure to notify.--If the person or entity fails to 
     provide notice with respect to an individual as required 
     under subclause (I), the failure is deemed to constitute a 
     violation of subsection (a)(1)(A) with respect to that 
     individual.

       ``(vi) Continued employment after final nonverification.--
     If the person or other entity continues to employ (or to 
     recruit or refer) an individual after receiving final 
     nonverification, a rebuttable presumption is created that the 
     person or entity has violated subsection (a)(1)(A).'';
       (6) by amending paragraph (4) of subsection (b) to read as 
     follows:
       ``(4) Copying and record keeping of documentation 
     required.--
       ``(A) Lawful employment documents.--Notwithstanding any 
     other provision of law, a person or entity shall retain a 
     copy of each document presented by an individual to the 
     individual or entity pursuant to this subsection. Such copy 
     may only be used (except as otherwise permitted under law) 
     for the purposes of complying with the requirements of this 
     subsection and shall be maintained for a time period to be 
     determined by the Secretary of Homeland Security.
       ``(B) Social security correspondence.--A person or entity 
     shall maintain records of correspondence from the 
     Commissioner of Social Security regarding name and number 
     mismatches or no-matches and the steps taken to resolve such 
     mismatches or no-matches. The employer shall maintain such 
     records for a time period to be determined by the Secretary.
       ``(C) Other documents.--The Secretary may, by regulation, 
     require additional documents to be copied and maintained.''; 
     and
       (7) by amending paragraph (5) of subsection (b) to read as 
     follows:
       ``(5) Use of attestation form.--A form designated by the 
     Secretary to be used for compliance with this subsection, and 
     any information contained in or appended to such form, may 
     not be used for purposes other than for enforcement of this 
     chapter or of title 18, United States Code.''.
       (b) Investigation Not a Warrantless Entry.--Section 287(e) 
     of the Immigration and Nationality Act (8 U.S.C. 1357(e)) is 
     amended by adding at the end the following: ``An 
     investigation authorized pursuant to subsections (b)(7) or 
     (e) of section 274A is not a warrantless entry.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect 2 years after the date of the enactment of 
     this Act.

     SEC. 313. EXPANSION OF EMPLOYMENT ELIGIBILITY VERIFICATION 
                   SYSTEM TO PREVIOUSLY HIRED INDIVIDUALS AND 
                   RECRUITING AND REFERRING.

       (a) Application to Recruiting and Referring.--Section 274A 
     of the Immigration and Nationality Act (8 U.S.C. 1324a) is 
     amended--
       (1) in subsection (a)(1)(A), by striking ``for a fee'';
       (2) in subsection (a)(1), by amending subparagraph (B) to 
     read as follows:
       ``(B) to hire, continue to employ, or to recruit or refer 
     for employment in the United States an individual without 
     complying with the requirements of subsection (b).'';
       (3) in subsection (a)(2) by striking ``after hiring an 
     alien for employment in accordance with paragraph (1),'' and 
     inserting ``after complying with paragraph (1),''; and
       (4) in subsection (a)(3), as amended by section 312, is 
     further amended by striking ``hiring,'' and inserting 
     ``hiring, employing,'' each place it appears.
       (b) Employment Eligibility Verification for Previously 
     Hired Individuals.--Section 274A(b) of such Act (8 U.S.C. 
     1324a(b)), as amended by section 311(a), is amended by adding 
     at the end the following new paragraph:
       ``(8) Use of employment eligibility verification system for 
     previously hired individuals.--
       ``(A) On a voluntary basis.--Beginning on the date that is 
     2 years after the date of the enactment of the Employment 
     Security Act of 2006 and until the date specified in 
     subparagraph (B)(iii), a person or entity may make an 
     inquiry, as provided in paragraph (7), using the verification 
     system to seek verification of the identity and employment 
     eligibility of any individual employed by the person or 
     entity, as long as it is done on a nondiscriminatory basis.
       ``(B) On a mandatory basis.--
       ``(i) Initial compliance.--A person or entity described in 
     clause (ii) shall make an inquiry as provided in paragraph 
     (7), using the verification system to seek verification of 
     the identity and employment eligibility of all individuals 
     employed by the person or entity who have not been previously 
     subject to an inquiry by the person or entity by the date 3 
     years after the date of the enactment of the Employment 
     Security Act of 2006.
       ``(ii) Person or entity covered.--A person or entity is 
     described in this clause if it is a Federal, State, or local 
     governmental body (including the Armed Forces of the United 
     States), or if it employs individuals working in a location 
     that is a Federal, State, or local government building, a 
     military base, a nuclear energy site, a weapon site, an 
     airport, or that contains critical infrastructure (as defined 
     in section 1016(e) of the Critical Infrastructure Protection 
     Act of 2001 (42 U.S.C. 5195c(e))), but only to the extent of 
     such individuals.
       ``(iii) Subsequent compliance.--All persons and entities 
     other than a person or entity described in clause (ii) shall 
     make an inquiry, as provided in paragraph (7), using the 
     verification system to seek verification of the identity and 
     employment eligibility of all individuals employed by the 
     person or entity that have not been previously subject to an 
     inquiry by the person or entity by the date 6 years after the 
     date of the enactment of the Employment Security Act of 
     2006.''.

     SEC. 314. EXTENSION OF PREEMPTION TO REQUIRED CONSTRUCTION OF 
                   DAY LABORER SHELTERS.

       Paragraph 274A(h)(2) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(2)) is amended--
       (1) by striking ``imposing'', and inserting a dash and 
     ``(A) imposing'';
       (2) by striking the period at the end and inserting ``; 
     and''; and
       (3) by adding at the end the following:
       ``(B) Requiring as a condition of conducting, continuing, 
     or expanding a business that a business entity--
       ``(i) provide, build, fund, or maintain a shelter, 
     structure, or designated area for use by day laborers at or 
     near its place of business; or
       ``(ii) take other steps that facilitate the employment of 
     day laborers by others.''.

     SEC. 315. BASIC PILOT PROGRAM.

       Section 401(b) of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) is 
     amended by striking ``at the end of the 11-year period 
     beginning on the first day the pilot program is in effect'' 
     and inserting ``2 years after the date of the enactment of 
     the Employment Security Act of 2006''.

     SEC. 316. PROTECTION FOR UNITED STATES WORKERS AND 
                   INDIVIDUALS REPORTING IMMIGRATION LAW 
                   VIOLATIONS.

       Section 274B(a) of the Immigration and Nationality Act (8 
     U.S.C. 1324b(a)) is amended by adding at the end the 
     following:
       ``(7) Protection of right to report.--Notwithstanding any 
     other provision of law, the rights protected by this 
     subsection include the right of any individual to report a 
     violation or suspected violation of any immigration law to 
     the Secretary of Homeland Security or a law enforcement 
     agency.''.

     SEC. 317. PENALTIES.

       (a) Civil and Criminal Penalties.--Section 274A(e)(4) of 
     the Immigration and Nationality Act (8 U.S.C. 1324a(e)(4)) is 
     amended to read:
       ``(4) Civil and criminal penalties.--
       ``(A) Knowingly hiring unauthorized aliens.--Any person or 
     entity that violates subsection (a)(1)(A) shall--
       ``(i) in the case of a first offense, be fined $10,000 for 
     each unauthorized alien;
       ``(ii) (in the case of a second offense, be fined $50,000 
     for each unauthorized alien; and
       ``(iii) in the case of a third or subsequent offense, be 
     fined in accordance with title 18, United States Code, 
     imprisoned not less than 1 year and not more than 3 years, or 
     both.
       ``(B) Continuing employment of unauthorized aliens.--Any 
     person or entity that

[[Page S4987]]

     violates subsection (a)(2) shall be fined in accordance of 
     title 18, United States Code, imprisoned not less than 1 year 
     and not more than 3 years, or both.''.
       (b) Paperwork or Verification Violations.--Section 
     274A(e)(5) of the Immigration and Nationality Act (8 U.S.C. 
     1324a) is amended to read:
       ``(5) Paperwork or verification violations.--Any person or 
     entity that violates subsection (a)(1)(B) shall--
       ``(A) in the case of a first offense, be fined $1,000 for 
     each violation;
       ``(B) in the case of a second violation, be fined $5,000 
     for each violation; and
       ``(C) in the case of a third and subsequent violation, be 
     fined $10,000 for each such violation.''.
       (c) Government Contracts.--Section 274A(e) of the 
     Immigration and Nationality Act (8 U.S.C. 1324a(e)) is 
     amended by adding at the end the following new paragraph:
       ``(10) Government contracts.--
       ``(A) Employers.--
       ``(i) In general.--If the Secretary of Homeland Secretary 
     determines that a person or entity that employs an alien is a 
     repeat violator of this section or is convicted of a crime 
     under this section, such person or entity shall be debarred 
     from the receipt of a Federal contract, grant, or cooperative 
     agreement for a period of 2 years. The Secretary of Homeland 
     Security or the Attorney General shall advise the 
     Administrator of General Services of such a debarment, and 
     the Administrator of General Services shall list the employer 
     on the List of Parties Excluded from Federal Procurement and 
     Nonprocurement Programs for a 2-year period.
       ``(ii) Waiver.--The Administrator of General Services, in 
     consultation with the Secretary of Homeland Security and 
     Attorney General, may waive the application of this 
     subparagraph or may limit the duration or scope of the 
     debarment imposed under it.
       ``(iii) Prohibition on judicial review.--Any proposed 
     debarment that is predicated on an administrative 
     determination of liability for civil penalty by the Secretary 
     of Homeland Security or the Attorney General may not be 
     reviewable in any debarment proceeding. The decision of 
     whether to debar or take alternation may not be reviewed by 
     any court.
       ``(B) Contractors and recipients.--
       ``(i) In general.--If the Secretary of Homeland Security 
     determines that a person or entity that employs an alien and 
     holds a Federal contract, grant, or cooperative agreement is 
     a repeat violator of this section or is convicted of a crime 
     under this section, such person or entity shall be debarred 
     from the receipt of a Federal contract, grant, or cooperative 
     agreement for a period of 2 years. Prior to debarring the 
     employer, the Secretary of Homeland Security, in cooperation 
     with the Administrator of General Services, shall advise the 
     head of each agency holding such a contract, grant, or 
     cooperative agreement with person or entity of the 
     Government's intention to debar the employer from the receipt 
     of new Federal contracts, grants, or cooperative agreements 
     for a period of 2 years.
       ``(ii) Waiver.--After consideration of the views of the 
     head of each such agency, the Secretary of Homeland Security 
     may, in lieu of debarring the employer from the receipt of 
     new a Federal contract, grant, or cooperative agreement for a 
     period of 2 years, waive application of this subparagraph, 
     limit the duration or scope of the debarment, or may refer to 
     an appropriate lead agency the decision of whether to debar 
     the employer, for what duration, and under what scope in 
     accordance with the procedures and standards prescribed by 
     the Federal Acquisition Regulation.
       ``(iii) Prohibition on review.--Any proposed debarment that 
     is predicated on an administrative determination of liability 
     for civil penalty by the Secretary of Homeland Security or 
     the Attorney General may not be reviewable in any debarment 
     proceeding. The decision of whether to debar or take 
     alternation may not be reviewed by any court.
       ``(C) Cause for suspension.--Indictments for violations of 
     this section or adequate evidence of actions that could form 
     the basis for debarment under this paragraph shall be 
     considered a cause for suspension under the procedures and 
     standards for suspension prescribed by the Federal 
     Acquisition Regulation.
       ``(D) Applicability.--The provisions of this paragraph 
     shall apply to any Federal contract, grant, or cooperative 
     agreement that is effective on or after the date of the 
     enactment of the Employment Security Act of 2006.''.
       (d) Criminal Penalties for Pattern or Practice 
     Violations.--Section 274A(f)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(f)(1)) is amended to read as 
     follows:
       ``(1) Criminal penalty.--Any person or entity engages in a 
     pattern or practice of violations of subsection (a)(1) or (2) 
     shall be fined not more than $50,000 for each unauthorized 
     alien with respect to which such a violation occurs, 
     imprisoned for not less than 3 years and not more than 5 
     years, or both, notwithstanding the provisions of any other 
     Federal law relating to fine levels. The amount of the gross 
     proceeds of such violation, and any property traceable to 
     such proceeds, shall be seized and subject to forfeiture 
     under title 18, United States Code.''.
       (e) Authority of the Secretary of Homeland Security.--
     Subsections (b)(2) and (f)(2) of section 274A of the 
     Immigration and Nationality Act (8 U.S.C. 1324a) are amended 
     by striking ``Attorney General'' each place it appears and 
     inserting ``Secretary of Homeland Security''.

Subtitle C--Work Eligibility Verification Reform in the Social Security 
                             Administration

     SEC. 321. VERIFICATION RESPONSIBILITIES OF THE COMMISSIONER 
                   OF SOCIAL SECURITY.

       The Commissioner of Social Security is authorized to 
     perform activities with respect to carrying out the 
     Commissioner's responsibilities in this title or the 
     amendments made by this title, however in no case shall funds 
     from the Federal Old-Age and Survivors Insurance Trust Fund 
     or the Federal Disability Insurance Trust Fund be used to 
     carry out such responsibilities.

     SEC. 322. NOTIFICATION BY COMMISSIONER OF FAILURE TO CORRECT 
                   SOCIAL SECURITY INFORMATION.

       The Commissioner of Social Security shall promptly notify 
     the Secretary of Homeland Security of the failure of any 
     individual to provide, upon any request of the Commissioner 
     made pursuant to section 205(c)(2) of the Social Security Act 
     (42 U.S.C. 405(c)(2)), evidence necessary, under such section 
     to--
       (1) establish the age, citizenship, immigration or work 
     eligibility status of the individual;
       (2) establish such individual's true identity; or
       (3) determine which (if any) social security account number 
     has previously been assigned to such individual.

     SEC. 323. RESTRICTION ON ACCESS AND USE.

       Section 205(c)(2) of the Social Security Act (42 U.S.C. 
     405(c)(2)) is amended by adding at the end the following new 
     subparagraph:
       ``(I)(i) Access to any information contained in the 
     Employment Eligibility Verification System established 
     section 274A(b)(7) of the Immigration and Nationality Act, 
     shall be prohibited for any purpose other than the 
     administration or enforcement of Federal immigration, social 
     security, and tax laws, any provision of title 18, United 
     States Code, or as otherwise authorized by Federal law.
       ``(ii) No person or entity may use the information in such 
     Employment Eligibility Verification System for any purpose 
     other than as permitted by Federal law.
       ``(iii) Whoever knowingly uses, discloses, publishes, or 
     permits the unauthorized use of information in such 
     Employment Eligibility Verification System in violation of 
     clause (i) or (ii) shall be fined not more than $10,000 per 
     individual injured by such violation. The Commissioner of 
     Social Security shall establish procedure to ensure that 60 
     percent of any fine imposed under this clause is awarded to 
     the individual injured by such violation.''.

     SEC. 324. SHARING OF INFORMATION WITH THE COMMISSIONER OF 
                   INTERNAL REVENUE SERVICE.

       Section 205(c)(2)(H) of the Social Security Act (42 U.S.C. 
     405(c)(2)(H)) is amended to read as follows:
       ``(H) The Commissioner of Social Security shall share with 
     the Secretary of the Treasury--
       ``(i) the information obtained by the Commissioner pursuant 
     to the second sentence of subparagraph (B)(ii) and to 
     subparagraph (C)(ii) for the purpose of administering those 
     sections of the Internal Revenue Code of 1986 that grant tax 
     benefits based on support or residence of children; and
       ``(ii) information relating to the detection of wages or 
     income from self-employment of unauthorized aliens (as 
     defined by section 274A of the Immigration and Nationality 
     Act (8 U.S.C. 1324a)), or the investigation of false 
     statements or fraud by such persons incident to the 
     administration of immigration, social security, or tax laws 
     of the United States.

     Information disclosed under this subparagraph shall be solely 
     for the use of the officers and employees to whom such 
     information is disclosed in such response or 
     investigation.''.

     SEC. 325. SHARING OF INFORMATION WITH THE SECRETARY OF 
                   HOMELAND SECURITY.

       (a) Amendment to the Social Security Act.--Section 
     205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)), 
     as amended by section 423, is amended by adding at the end 
     the following new subparagraph:
       ``(J) Upon the issuance of a social security account number 
     under subparagraph (B) to any individual or the issuance of a 
     Social Security card under subparagraph (G) to any 
     individual, the Commissioner of social security shall 
     transmit to the Secretary of Homeland Security such 
     information received by the Commissioner in the individual's 
     application for such number or such card as the Secretary of 
     Homeland Security determines necessary and appropriate for 
     administration of the immigration laws of the United 
     States.''.
       (b) Amendments to the Immigration and Nationality Act.--
       (1) Forms and procedures.--Section 264(f) of the 
     Immigration and Nationality Act (8 U.S.C. 1304(f)) is amended 
     to read as follows:
       ``(f) Notwithstanding any other provision of law (including 
     section 6103 of the Internal Revenue Code of 1986), the 
     Secretary of Homeland Security, Secretary of Labor and the 
     Attorney General are authorized to require any individual to 
     provide the individual's own social security account number 
     for purposes of inclusion in any record of the individual 
     maintained by any of any such Secretary or the Attorney 
     General, or for inclusion on any application, document, or 
     form provided under or required by the immigration laws.''.

[[Page S4988]]

       (2) Central file.--Section 290(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1360(c)) is amended by striking 
     paragraph (2) and inserting the following new paragraphs:
       ``(2) Notwithstanding any other provision of law (including 
     section 6103 of the Internal Revenue Code of 1986) earnings 
     are reported on or after January 1, 1997, to the Commissioner 
     of Social Security on a social security account number issued 
     to an alien who is not authorized to work in the United 
     States, the Commissioner shall provide the Secretary of 
     Homeland Security with information regarding the name, date 
     of birth, and address of the alien, the name and address of 
     the person reporting the earnings, and the amount of the 
     earnings. The information shall be provided in an electronic 
     form agreed upon by the Commissioner and the Secretary.
       ``(3) Notwithstanding any other provision of law (including 
     section 6103 of the Internal Revenue Code of 1986), the 
     Commissioner of Social Security shall provide the Secretary 
     of Homeland Security information regarding the name, date of 
     birth, and address of an individual, as well as the name and 
     address of the person reporting the earnings, in any case 
     where a social security account number does not match the 
     name in the Social Security Administration record. The 
     information shall be provided in an electronic form agreed 
     upon by the Commissioner and the Secretary for the sole 
     purpose of enforcing the immigration laws. The Secretary, in 
     consultation with the Commissioner, may limit or modify these 
     requirements as appropriate to identify those cases posing 
     the highest possibility of fraudulent use of social security 
     account numbers related to violation of the immigration laws.
       ``(4) Notwithstanding any other provision of law (including 
     section 6103 of the Internal Revenue Code of 1986), the 
     Commissioner of Social Security shall provide the Secretary 
     of Homeland Security information regarding the name, date of 
     birth, and address of an individual, as well as the name and 
     address of the person reporting the earnings, in any case 
     where the individual has more than one person reporting 
     earnings for the individual during a single tax year and 
     where a social security number was used with multiple names. 
     The information shall be provided in an electronic form 
     agreed upon by the Commissioner and the Secretary for the 
     sole purpose of enforcing the immigration laws. The 
     Secretary, in consultation with the Commissioner, may limit 
     or modify these requirements as appropriate to identify those 
     cases posing the highest possibility of fraudulent use of 
     social security account numbers related to violation of the 
     immigration laws.
       ``(5)(A) The Commissioner of Social Security shall perform, 
     at the request of the Secretary of Homeland Security, any 
     search or manipulation of records held by the Commissioner, 
     so long as the Secretary certifies that the purpose of the 
     search or manipulation is to obtain information likely to 
     assist in identifying individuals (and their employers) who--
       ``(i) are using false names or social security numbers; who 
     are sharing among multiple individuals a single valid name 
     and social security number;
       ``(ii) are using the social security number of persons who 
     are deceased, too young to work or not authorized to work; or
       ``(iii) are otherwise engaged in a violation of the 
     immigration laws.
       ``(B) The Commissioner shall provide the results of such 
     search or manipulation to the Secretary, notwithstanding any 
     other provision of law (including section 6103 of the 
     Internal Revenue Code of 1986). The Secretary shall transfer 
     to the Commissioner the funds necessary to cover the 
     additional cost directly incurred by the Commissioner in 
     carrying out the searches or manipulations reported by the 
     Secretary.''.

                   Subtitle D--Sharing of Information

     SEC. 331. SHARING OF INFORMATION WITH THE SECRETARY OF 
                   HOMELAND SECURITY AND THE COMMISSIONER OF 
                   SOCIAL SECURITY.

       (a) Amendment to the Internal Revenue Code of 1986.--
     Section 6103(i) of the Internal Revenue Code of 1986 is 
     amended by adding at the end the following new paragraph:
       ``(9) Disclosure of information relating to violations of 
     federal immigration law.--
       ``(A) Upon receipt by the Secretary of the Treasury of a 
     written request, by the Secretary of Homeland Security or 
     Commissioner of Social Security, the Secretary of the 
     Treasury shall disclose return information to officers and 
     employees of the Department of Homeland Security and the 
     Social Security Administration who are personally and 
     directly engaged in--
       ``(i) preparation for any judicial or administrative civil 
     or criminal enforcement proceeding against an alien under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     other than the adjudication of any application for a change 
     in immigration status or other benefit by such alien, or
       ``(ii) preparation for a civil or criminal enforcement 
     proceeding against a citizen or national of the United States 
     under section 274, 274A, or 274C of the Immigration and 
     Nationality Act (8 U.S.C. 1324, 1324a, or 1324c), or
       ``(iii) any investigation which may result in the 
     proceedings enumerated in clauses (i) and (ii) above.
       ``(B) Limitation on use and retention of tax return 
     information.--
       ``(i) Information disclosed under this paragraph shall be 
     solely for the use of the officers and employees to whom such 
     information is disclosed in such response or investigation.
       ``(ii) Should the proceeding for which such information has 
     been disclosed not commence within 3 years after the date on 
     which the information has been disclosed by the Secretary, 
     the information shall be returned to the Secretary in its 
     entirety, and shall not be retained in any form by the 
     requestor, unless the taxpayer is notified in writing as to 
     the information that has been retained.''.
       (b) Amendment to the Immigration and Nationality Act.--
     Section 274A of the Immigration and Nationality Act (8 U.S.C. 
     1324a) is amended by adding at the end the following new 
     subsection:
       ``(i) No-Match Notice.--
       ``(1) No-match notice defined.--In this subsection, the 
     term `no-match notice' means a written notice from the 
     Commissioner of Social Security to an employer reporting 
     earnings on a Form W-2 that an employee name or corresponding 
     social security account number fail to match records 
     maintained by the Commissioner.
       ``(2) Provision of information.--
       ``(A) Requirement to provide.--Notwithstanding any other 
     provision of law (including section 6103 of the Internal 
     Revenue Code of 1986), the Commissioner shall provide the 
     Secretary of Homeland Security with information relating to 
     employers who have received no-match notices and, upon 
     request, with such additional information as the Secretary 
     certifies is necessary to administer or enforce the 
     immigration laws.
       ``(B) Form of information.--The information shall be 
     provided in an electronic form agreed upon by the 
     Commissioner and the Secretary.
       ``(C) Use of information.--A no-match notice received by 
     the Secretary from the Commissioner may be used as evidence 
     in any civil or criminal proceeding.
       ``(3) Other authorities.--
       ``(A) Verification requirement.--The Secretary, in 
     consultation with the Commissioner, is authorized to 
     establish by regulation requirements for verifying the 
     identity and work authorization of an employee who is the 
     subject of a no-match notice.
       ``(B) Penalties.--The Secretary is authorized to establish 
     by regulation penalties for failure to comply with this 
     subsection.
       ``(C) Limitation on authorities.--This authority in this 
     subsection is provided in aid of the Secretary's authority to 
     administer and enforce the immigration laws, and nothing in 
     this subsection shall be construed to authorize the Secretary 
     to establish any regulation regarding the administration or 
     enforcement of laws otherwise relating to taxation or the 
     Social Security system.''.

             Subtitle E--Identification Document Integrity

     SEC. 341. CONSULAR IDENTIFICATION DOCUMENTS.

       (a) Acceptance of Foreign Identification Documents.--
       (1) In general.--Subject to paragraph (3), for purposes of 
     personal identification, no agency, commission, entity, or 
     agent of the executive or legislative branches of the Federal 
     Government may accept, acknowledge, recognize, or rely on any 
     identification document issued by the government of a foreign 
     country, unless otherwise mandated by Federal law.
       (2) Agent defined.--In this section, the term ``agent'' 
     shall include the following:
       (A) A Federal contractor or grantee.
       (B) An institution or entity exempted from Federal income 
     taxation under the Internal Revenue Code of 1986.
       (C) A financial institution required to ask for 
     identification under section 5318(l) of title 31, United 
     States Code.
       (3) Exceptions.--
       (A) In general.--An individual who is not a citizen or 
     national of the United States may present for purposes of 
     personal identification an official identification document 
     issued by the government of a foreign country or other 
     foreign identification document recognized pursuant to a 
     treaty entered into by the United States, if--
       (i) such individual simultaneously presents valid 
     verifiable documentation of lawful presence in the United 
     States issued by the appropriate agency of the Federal 
     Government;
       (ii) reporting a violation of law or seeking government 
     assistance in an emergency;
       (iii) the document presented is a passport issued to a 
     citizen or national of a country that participates in the 
     visa waiver program established under section 217 of the 
     Immigration and Nationality Act (8 U.S.C. 1187) by the 
     government of such country; or
       (iv) such use is expressly permitted another provision of 
     Federal law.
       (B) Nonapplication.--The provisions of paragraph (1) shall 
     not apply to--
       (i) inspections of alien applicants for admission to the 
     United States; or
       (ii) verification of personal identification of persons 
     outside the United States.
       (4) Listing of acceptable documents.--The Secretary of 
     Homeland Security shall issue and maintain an updated public 
     listing, compiled in consultation with the Secretary of 
     State, and including sample facsimiles, of all acceptable 
     Federal documents that satisfy the requirements of paragraph 
     (3)(A).
       (b) Establishment of Personal Identity.--Section 274C(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1324c(a)) is 
     amended--
       (1) in paragraph (5), by striking ``or'' at the end;

[[Page S4989]]

       (2) in paragraph (6), by striking the period at the end and 
     inserting a comma and ``or''; and
       (3) by inserting after paragraph (6) the following new 
     paragraph:
       ``(7) to use to establish personal identity, before any 
     agent of the Federal Government, or before any agency of the 
     Federal Government or of a State or any political subdivision 
     therein, a travel or identification document issued by a 
     foreign government that is not accepted by the Secretary of 
     Homeland Security to establish personal identity for purposes 
     of admission to the United States at a port of entry, 
     except--
       ``(A) in the case of a person who is not a citizen of the 
     United States--
       ``(i) the person simultaneously presents valid verifiable 
     documentation of lawful presence in the United States issued 
     by an agency of the Federal Government;
       ``(ii) the person is reporting a violation of law or 
     seeking government assistance in an emergency; or
       ``(iii) such use is expressly permitted by Federal law.''.

     SEC. 342. MACHINE-READABLE TAMPER-RESISTANT IMMIGRATION 
                   DOCUMENTS.

       (a) In General.--Section 303 of the Enhanced Border 
     Security and Visa Entry Reform Act of 2002 (8 U.S.C. 1732) is 
     amended--
       (1) in the heading, by striking ``ENTRY AND EXIT 
     DOCUMENTS'' and inserting ``TRAVEL, ENTRY, AND EVIDENCE OF 
     STATUS DOCUMENTS'';
       (2) in subsection (b)(1)--
       (A) by striking ``Not later than October 26, 2004, the 
     Attorney General'' and inserting ``The Secretary of Homeland 
     Security''; and
       (B) by striking ``visas and'' each place it appears and 
     inserting ``visas, evidence of status, and'';
       (3) by striking subsection (d) and inserting the following:
       ``(d) Other Documents.--Not later than October 26, 2007, 
     every document, other than an interim document, issued by the 
     Secretary of Homeland Security, which may be used as evidence 
     of immigrant, nonimmigrant, parole, asylee, or refugee 
     status, shall be machine-readable, tamper-resistant, and 
     incorporate a biometric identifier to allow the Secretary of 
     Homeland Security to electronically verify the identity and 
     status of the alien.
       ``(e) Funding.--
       ``(1) Authorization of appropriation.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section, including reimbursements to international and 
     domestic standards organizations.
       ``(2) Fee.--During any fiscal year for which appropriations 
     sufficient to issue documents described in subsection (d) are 
     not made pursuant to law, the Secretary of Homeland Security 
     is authorized to implement and collect a fee sufficient to 
     cover the direct cost of issuance of such document from the 
     alien to whom the document will be issued.
       ``(3) Exception.--The fee described in paragraph (2) may 
     not be levied against nationals of a foreign country if the 
     Secretary of Homeland has determined that the total estimated 
     population of such country who are unlawfully present in the 
     United States does not exceed 3,000 aliens.''.
       (b) Technical Amendment.--The table of contents in section 
     1(b) of the Enhanced Border Security and Visa Entry Reform 
     Act of 2002 (Public Law 107-173; 116 Stat. 543) is amended by 
     striking the item relating to section 303 and inserting the 
     following:

``Sec. 303. Machine-readable, tamper-resistant travel, entry, and 
              evidence of status documents.''.

      Subtitle F--Effective Date; Authorization of Appropriations

     SEC. 351. EFFECTIVE DATE.

       Except as otherwise specially provided in this Act, the 
     provisions of this title shall take effect not later than 45 
     days after the date of the enactment of this Act.

     SEC. 352. AUTHORIZATION OF APPROPRIATIONS.

       In addition to amounts otherwise authorized to be 
     appropriated, there are authorized to be appropriated such 
     sums as may be necessary for each of fiscal years 2007 
     through 2011 to carry out this title.
                                 ______
                                 
  SA 4148. Mr. KENNEDY (for himself and Mr. Obama) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide comprehensive immigration reform and for other purposes; which 
was ordered to lie on the table; as follows:

       Strike title III and insert the following:

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

     SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

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

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

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

       ``(I) a United States passport; or

[[Page S4990]]

       ``(II) a driver's license or identity card issued by a 
     State, the Commonwealth of the Northern Mariana Islands, or 
     an outlying possession of the United States that satisfies 
     the requirements of division B of Public Law 109-13 (119 
     Stat. 302);

       ``(ii) in the case of an alien lawfully admitted for 
     permanent residence in the United States, a permanent 
     resident card, as specified by the Secretary;
       ``(iii) in the case of an alien who is authorized under 
     this Act or by the Secretary to be employed in the United 
     States, an employment authorization card, as specified by the 
     Secretary that--

       ``(I) contains a photograph of the individual or other 
     identifying information, including name, date of birth, 
     gender, and address; and
       ``(II) contains security features to make the document 
     resistant to tampering, counterfeiting, and fraudulent use;

       ``(iv) in the case of an individual who is unable to obtain 
     a document described in clause (i), (ii), or (iii), a 
     document designated by the Secretary that--

       ``(I) contains a photograph of the individual or other 
     identifying information, including name, date of birth, 
     gender, and address; and
       ``(II) contains security features to make the document 
     resistant to tampering, counterfeiting, and fraudulent use; 
     or

       ``(v) until the date that an employer is required to 
     participate in the Electronic Employment Verification System 
     under subsection (d) or is participating in such System on a 
     voluntary basis, a document, or a combination of documents, 
     of such type that, as of the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006, the Secretary 
     had established by regulation were sufficient for purposes of 
     this section.
       ``(C) Authority to prohibit use of certain documents.--
       ``(i) Authority.--If the Secretary finds that a document or 
     class of documents described in subparagraph (B) is not 
     reliable to establish identity or is being used fraudulently 
     to an unacceptable degree, the Secretary shall prohibit, or 
     impose conditions, on the use of such document or class of 
     documents for purposes of this subsection.
       ``(ii) Requirement for publication.--The Secretary shall 
     publish notice of any findings under clause (i) in the 
     Federal Register.
       ``(2) Attestation of employee.--
       ``(A) Requirements.--
       ``(i) In general.--The individual shall attest, under 
     penalty of perjury on the form described in paragraph 
     (1)(A)(i), that the individual is a national of the United 
     States, an alien lawfully admitted for permanent residence, 
     or an alien who is authorized under this Act or by the 
     Secretary to be hired, or to be recruited or referred for a 
     fee, in the United States.
       ``(ii) Signature for examination.--An attestation required 
     by clause (i) may be manifested by a handwritten or 
     electronic signature.
       ``(B) Penalties.--An individual who falsely represents that 
     the individual is eligible for employment in the United 
     States in an attestation required by subparagraph (A) shall, 
     for each such violation, be subject to a fine of not more 
     than $5,000, a term of imprisonment not to exceed 3 years, or 
     both.
       ``(3) Retention of attestation.--The employer shall retain 
     a paper, microfiche, microfilm, or electronic version of the 
     attestations made under paragraph (1) and (2) and make such 
     attestations available for inspection by an officer of the 
     Department of Homeland Security, any other person designated 
     by the Secretary, the Special Counsel for Immigration-Related 
     Unfair Employment Practices of the Department of Justice, or 
     the Secretary of Labor during a period beginning on the date 
     of the hiring, or recruiting or referring for a fee, of the 
     individual and ending--
       ``(A) in the case of the recruiting or referral for a fee 
     (without hiring) of an individual, 5 years after the date of 
     the recruiting or referral; or
       ``(B) in the case of the hiring of an individual the later 
     of--
       ``(i) 5 years after the date of such hiring;
       ``(ii) 1 year after the date the individual's employment is 
     terminated; or
       ``(iii) in the case of an employer or class of employers, a 
     period that is less than the applicable period described in 
     clause (i) or (ii) if the Secretary reduces such period for 
     such employer or class of employers.
       ``(4) Document retention and recordkeeping requirements.--
       ``(A) Retention of documents.--Notwithstanding any other 
     provision of law, an employer shall retain, for the 
     applicable period described in paragraph (3), the following 
     documents:
       ``(i) In general.--The employer shall copy all documents 
     presented by an individual described in paragraph (1)(B) and 
     shall retain paper, microfiche, microfilm, or electronic 
     copies of such documents. Such copies shall be designated as 
     copied documents.
       ``(ii) Other documents.--The employer shall maintain 
     records of any action taken and copies of any correspondence 
     written or received with respect to the verification of an 
     individual's identity or eligibility for employment in the 
     United States, including a copy of the form described in 
     subsection (a)(3)(B).
       ``(B) Use of retained documents.--An employer shall use 
     copies retained under clause (i) or (ii) of subparagraph (A) 
     only for the purposes of complying with the requirements of 
     this subsection, except as otherwise permitted under law.
       ``(5) Penalties.--An employer that fails to comply with the 
     recordkeeping requirements of this subsection shall be 
     subject to the penalties described in subsection (e)(4)(B).
       ``(6) No authorization of national identification cards.--
     Nothing in this section may be construed to authorize, 
     directly or indirectly, the issuance, use, or establishment 
     of a national identification card.
       ``(d) Electronic Employment Verification System.--
       ``(1) Requirement for system.--The Secretary, in 
     cooperation with the Commissioner of Social Security, shall 
     implement an Electronic Employment Verification System 
     (referred to in this subsection as the `System') to determine 
     whether--
       ``(A) the identifying information submitted by an 
     individual is consistent with the information maintained by 
     the Secretary or the Commissioner of Social Security; and
       ``(B) such individual is eligible for employment in the 
     United States.
       ``(2) Requirement for participation.--The Secretary shall 
     require all employers in the United States to participate in 
     the System, with respect to all employees hired by the 
     employer on or after the date that is 18 months after the 
     date that not less than $400,000,000 have been appropriated 
     and made available to the Secretary to implement this 
     subsection.
       ``(3) Other participation in system.--Notwithstanding 
     paragraph (2), the Secretary has the authority--
       ``(A) to permit any employer that is not required to 
     participate in the System under paragraph (2) to participate 
     in the System on a voluntary basis; and
       ``(B) to require any employer or class of employers to 
     participate on a priority basis in the System with respect to 
     employees hired prior to, on, or after the date of enactment 
     of the Comprehensive Immigration Reform Act of 2006--
       ``(i) if the Secretary designates such employer or class of 
     employers as a critical employer based on an assessment of 
     homeland security or national security needs; or
       ``(ii) if the Secretary has reasonable cause to believe 
     that the employer has engaged in material violations of 
     paragraph (1), (2), or (3) of subsection (a).
       ``(4) Requirement to notify.--The Secretary shall notify 
     the employer or class of employers in writing regarding the 
     requirement for participation in the System under paragraph 
     (3)(B) not less than 60 days prior to the effective date of 
     such requirement. Such notice shall include the training 
     materials described in paragraph (8)(E)(v).
       ``(5) Registration of employers.--An employer shall 
     register the employer's participation in the System in the 
     manner prescribed by the Secretary prior to the date the 
     employer is required or permitted to submit information with 
     respect to an employee under this subsection.
       ``(6) Additional guidance.--A registered employer shall be 
     permitted to utilize any technology that is consistent with 
     this section and with any regulation or guidance from the 
     Secretary to streamline the procedures to facilitate 
     compliance with--
       ``(A) the attestation requirement in subsection (c); and
       ``(B) the employment eligibility verification requirements 
     in this subsection.
       ``(7) Consequence of failure to participate.--If an 
     employer is required to participate in the System and fails 
     to comply with the requirements of the System with respect to 
     an employee--
       ``(A) such failure shall be treated as a violation of 
     subsection (a)(1)(B); and
       ``(B) a rebuttable presumption is created that the employer 
     has violated subsection (a)(1)(A), however, such presumption 
     may not apply to a prosecution under subsection (f)(1).
       ``(8) Design and operation of system.--
       ``(A) In general.--The Secretary shall, through the 
     System--
       ``(i) respond to each inquiry made by a registered employer 
     through the Internet or other electronic media, or over a 
     toll-free telephone line regarding an individual's identity 
     and eligibility for employment in the United States; and
       ``(ii) maintain a record of each such inquiry and the 
     information provided in response to such inquiry.
       ``(B) Initial inquiry.--
       ``(i) Information required.--A registered employer shall, 
     with respect to the hiring, or recruiting or referring for a 
     fee, any individual for employment in the United States, 
     obtain from the individual and record on the form described 
     in subsection (c)(1)(A)(i)--

       ``(I) the individual's name and date of birth;
       ``(II) the individual's social security account number; and
       ``(III) in the case of an individual who does not attest 
     that the individual is a national of the United States under 
     subsection (c)(2), such alien identification or authorization 
     number that the Secretary shall require.

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

       ``(I) not later than 3 days after the date of the hiring, 
     or recruiting or referring for a fee, of the individual (as 
     the case may be); or
       ``(II) in the case of an employee hired by a critical 
     employer designated by the Secretary under paragraph (3)(B) 
     at such time as the Secretary shall specify.

[[Page S4991]]

       ``(C) Initial response.--Not later than 10 days after an 
     employer submits an inquiry to the System regarding an 
     individual, the Secretary shall provide, through the System, 
     to the employer--
       ``(i) if the System is able to confirm the individual's 
     identity and eligibility for employment in the United States, 
     a confirmation notice, including the appropriate codes on 
     such confirmation notice; or
       ``(ii) if the System is unable to confirm the individual's 
     identity or eligibility for employment in the United States, 
     and after a secondary manual verification has been conducted, 
     a tentative nonconfirmation notice, including the appropriate 
     codes on such tentative nonconfirmation notice.
       ``(D) Confirmation or nonconfirmation.--
       ``(i) Confirmation upon initial inquiry.--If an employer 
     receives a confirmation notice under paragraph (C)(i) for an 
     individual, the employer shall record, on the form described 
     in subsection (c)(1)(A)(i), the appropriate code provided in 
     such notice.
       ``(ii) Tentative nonconfirmation.--If an employer receives 
     a tentative nonconfirmation notice under paragraph (C)(ii) 
     for an individual, the employer shall inform such individual 
     of the issuance of such notice in writing, on a form 
     prescribed by the Secretary not later than 3 days after 
     receiving such notice. Such individual shall acknowledge 
     receipt of such notice in writing on the form described in 
     subsection (c)((1)(A)(i).
       ``(iii) No contest.--If the individual does not contest the 
     tentative nonconfirmation notice within 10 days of receiving 
     notice from the individual's employer, the notice shall 
     become final and the employer shall record on the form 
     described in subsection (c)(2), the appropriate code provided 
     through the System to indicate the individual did not contest 
     the tentative nonconfirmation. An individual's failure to 
     contest a tentative nonconfirmation shall not be considered 
     an admission of guilt with respect to any violation of this 
     Act or any other provision of law.
       ``(iv) Contest.--If the individual contests the tentative 
     nonconfirmation notice, the individual shall submit 
     appropriate information to contest such notice under the 
     procedures established in subparagraph (E)(iii) not later 
     than 10 days after receiving the notice from the individual's 
     employer.
       ``(v) Effective period of tentative nonconfirmation 
     notice.--A tentative nonconfirmation notice shall remain in 
     effect until such notice becomes final under clause (iii), or 
     the earlier of--

       ``(I) a final confirmation notice or final nonconfirmation 
     notice is issued through the System; or
       ``(II) 30 days after the individual contests a tentative 
     nonconfirmation under clause (iv).

       ``(vi) Automatic final notice.--

       ``(I) In general.--If a final notice is not issued within 
     the 30-day period described in clause (v)(II), the Secretary 
     shall automatically provide to the employer, through the 
     System, the appropriate code indicating a final notice.
       ``(II) Period prior to initial certification.--During the 
     period beginning on the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006 and ending on 
     the date the Secretary submits the initial report described 
     in subparagraph (E)(ii), an automatic notice issued under 
     subclause (I) shall be a final confirmation notice.
       ``(III) Period after initial certification.--After the date 
     that the Secretary submits the initial report described in 
     subparagraph (E)(ii), an automatic notice issued under 
     subclause (I) shall be a final confirmation notice unless the 
     most recent such report includes a certification that the 
     System is able to correctly issue, within the period 
     beginning on the date an employer submits an inquiry to the 
     System and ending on the date an automatic default notice 
     would be issued by the System, a final notice in at least 99 
     percent of the cases in which the notice relates to an 
     individual who is eligible for employment in the United 
     States. If the most recent such report includes such a 
     certification, the automatic notice issued under subclause 
     (I) shall be a final nonconfirmation notice.
       ``(IV) Additional authority.--Notwithstanding the second 
     sentence of subclause (III), the Secretary shall have the 
     authority to issue a final confirmation notice for an 
     individual who would be subject to a final nonconfirmation 
     notice under such sentence. In such a case, the Secretary 
     shall determine the individual's eligibility for employment 
     in the United States and record the results of such 
     determination in the System within 12 months.

       ``(vii) Effective period of final notice.--A final 
     confirmation notice issued under this paragraph for an 
     individual shall remain in effect--

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

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

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

       ``(ii) Annual report and certification.--Not later than the 
     date that is 24 months after the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006, and annually 
     thereafter, the Secretary shall submit to Congress a report 
     that includes--

       ``(I) an assessment of whether the System is able to 
     correctly issue, within the period described in subparagraph 
     (D)(v)(II), a final notice in at least 99 percent of the 
     cases in which the final notice relates to an individual who 
     is eligible for employment in the United States (excluding an 
     individual who fails to contest a tentative nonconfirmation 
     notice); and
       ``(II) if the assessment under subclause (I) is that the 
     System is able to correctly issue within the specified time 
     period a final notice in at least 99 percent of the cases 
     described in such subclause, a certification of such 
     assessment.

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

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

       ``(v) Training materials.--The Secretary shall make 
     available or provide to the employer, upon request, not later 
     than 60 days prior to such employer's participation in the 
     System, appropriate training materials to facilitate 
     compliance with this subsection, and sections 274B(a)(7) and 
     274C(a).
       ``(F) Responsibilities of the commissioner of social 
     security.--The responsibilities of the Commissioner of Social 
     Security with respect to the System are set out in section 
     205(c)(2) of the Social Security Act.
       ``(9) Protection from liability.--No employer that 
     participates in the System shall be liable under any law for 
     any employment-related action taken with respect to an 
     individual in good faith reliance on information provided by 
     the System.
       ``(10) Administrative review.--
       ``(A) In general.--An individual who is terminated from 
     employment as a result of a final nonconfirmation notice may, 
     not later than 60 days after the date of such termination, 
     file an appeal of such notice.
       ``(B) Procedures.--The Secretary and Commissioner of Social 
     Security shall develop procedures to review appeals filed 
     under subparagraph (A) and to make final determinations on 
     such appeals.
       ``(C) Review for errors.--If a final determination on an 
     appeal filed under subparagraph (A) results in a confirmation 
     of an individual's eligibility to work in the United States, 
     the administrative review process shall require the Secretary 
     to determine if the final nonconfirmation notice issued for 
     the individual was the result of--
       ``(i) an error or negligence on the part of an employee or 
     official operating or responsible for the System;
       ``(ii) the decision rules, processes, or procedures 
     utilized by the System; or
       ``(iii) erroneous system information that was not the 
     result of acts or omissions of the individual.
       ``(D) Compensation for error.--

[[Page S4992]]

       ``(i) In general.--If the Secretary makes a determination 
     under subparagraph (C) that the final confirmation notice 
     issued for an individual was not caused by an act or omission 
     of the individual, the Secretary shall take such affirmative 
     action as the Secretary determines is appropriate, which 
     shall include compensating the individual for reasonable 
     costs and for lost wages.
       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work schedule that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost beginning on the first scheduled 
     work day after employment was terminated and ending 180 days 
     after completion of the administrative review process 
     described in this paragraph or the day after the individual 
     is reinstated or obtains employment elsewhere, whichever 
     occurs first.
       ``(E) Limitation on compensation.--For purposes of 
     determining an individual's compensation for the loss of 
     employment, such compensation shall not include any period in 
     which the individual was ineligible for employment in the 
     United States.
       ``(F) Source of funds.--Compensation or reimbursement 
     provided under this paragraph shall not be provided from 
     funds appropriated in annual appropriations Acts to the 
     Secretary for the Department of Homeland Security.
       ``(11) Judicial review.--
       ``(A) In general.--After the Secretary makes a final 
     determination on an appeal filed by an individual under the 
     administrative review process described in paragraph (10), 
     the individual may obtain judicial review of such 
     determination by a civil action commenced not later than 60 
     days after the date of such decision, or such further time as 
     the Secretary may allow.
       ``(B) Jurisdiction.--A civil action for such judicial 
     review shall be brought in the district court of the United 
     States for the judicial district in which the plaintiff 
     resides, or has a principal place of business, or, if the 
     plaintiff does not reside or have a principal place of 
     business within any such judicial district, in the District 
     Court of the United States for the District of Columbia.
       ``(C) Answer.--As part of the Secretary's answer to a 
     complaint for such judicial review, the Secretary shall file 
     a certified copy of the administrative record compiled during 
     the administrative review under paragraph (10), including the 
     evidence upon which the findings and decision complained of 
     are based. The court shall have power to enter, upon the 
     pleadings and transcript of the record, a judgment affirming 
     or reversing the result of that administrative review, with 
     or without remanding the cause for a rehearing.
       ``(D) Compensation for error.--
       ``(i) In general.--In cases in which such judicial review 
     reverses the final determination of the Secretary made under 
     paragraph (10), the court shall take appropriate affirmative 
     action, which shall include compensating the individual for 
     reasonable costs and for lost wages.
       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work scheduled that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost beginning on the first scheduled 
     work day after employment was terminated and ending 180 days 
     after completion of the judicial review described in this 
     paragraph or the day after the individual is reinstated or 
     obtains employment elsewhere, whichever occurs first.
       ``(12) Limitation on collection and use of data.--
       ``(A) Limitation on collection of data.--
       ``(i) In general.--The System shall collect and maintain 
     only the minimum data necessary to facilitate the successful 
     operation of the System, and in no case shall the data be 
     other than--

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

       ``(ii) Penalties.--Any officer, employee, or contractor who 
     willfully and knowingly collects and maintains data in the 
     System other than data described in clause (i) shall be 
     guilty of a misdemeanor and fined not more than $1,000 for 
     each violation.
       ``(B) Limitation on use of data.--Whoever willfully and 
     knowingly accesses, discloses, or uses any information 
     obtained or maintained by the System--
       ``(i) for the purpose of committing identity fraud, or 
     assisting another person in committing identity fraud, as 
     defined in section 1028 of title 18, United States Code;
       ``(ii) for the purpose of unlawfully obtaining employment 
     in the United States or unlawfully obtaining employment in 
     the United States for any other person; or
       ``(iii) for any purpose other than as provided for under 
     any provision of law;

     shall be guilty of a felony and upon conviction shall be 
     fined under title 18, United States Code, or imprisoned for 
     not more than 5 years, or both.
       ``(C) Exceptions.--Nothing in subparagraph (A) or (B) may 
     be construed to limit the collection, maintenance, or use of 
     data by the Commissioner of Internal Revenue or the 
     Commissioner of Social Security as provided by law.
       ``(13) Modification authority.--The Secretary, after notice 
     is submitted to Congress and provided to the public in the 
     Federal Register, is authorized to modify the requirements of 
     this subsection with respect to completion of forms, method 
     of storage, attestations, copying of documents, signatures, 
     methods of transmitting information, and other operational 
     and technical aspects to improve the efficiency, accuracy, 
     and security of the System.
       ``(14) Annual gao study and report.--
       ``(A) Requirement.--The Comptroller General of the United 
     States shall conduct an annual study of the System.
       ``(B) Purpose.--The study shall evaluate the accuracy, 
     efficiency, integrity, and impact of the System.
       ``(C) Report.--Not later than the date that is 24 months 
     after the date of the enactment of the Comprehensive 
     Immigration Reform Act of 2006, and annually thereafter, the 
     Comptroller General shall submit to Congress a report 
     containing the findings of the study carried out under this 
     paragraph. Each such report shall include, at a minimum, the 
     following:
       ``(i) An assessment of the annual report and certification 
     described in paragraph (8)(E)(ii).
       ``(ii) An assessment of System performance with respect to 
     the rate at which individuals who are eligible for employment 
     in the United States are correctly approved within each of 
     the periods specified in paragraph (8), including a separate 
     assessment of such rate for nationals and aliens.
       ``(iii) An assessment of the privacy and security of the 
     System and its effects on identity fraud or the misuse of 
     personal data.
       ``(iv) An assessment of the effects of the System on the 
     employment of unauthorized aliens.
       ``(v) An assessment of the effects of the System, including 
     the effects of tentative confirmations, on unfair 
     immigration-related employment practices and employment 
     discrimination based on national origin or citizenship 
     status.
       ``(vi) An assessment of whether the Secretary and the 
     Commissioner of Social Security have adequate resources to 
     carry out the duties and responsibilities of this section.
       ``(e) Compliance.--
       ``(1) Complaints and investigations.--The Secretary shall 
     establish procedures--
       ``(A) for individuals and entities to file complaints 
     regarding potential violations of subsection (a);
       ``(B) for the investigation of such complaints that the 
     Secretary determines are appropriate to investigate; and
       ``(C) for the investigation of other violations of 
     subsection (a) that the Secretary determines is appropriate.
       ``(2) Authority in investigations.--
       ``(A) In general.--In conducting investigations and 
     hearings under this subsection, officers and employees of the 
     Department of Homeland Security--
       ``(i) shall have reasonable access to examine evidence 
     regarding any employer being investigated; and
       ``(ii) if designated by the Secretary, may compel by 
     subpoena the attendance of witnesses and the production of 
     evidence at any designated place in an investigation or case 
     under this subsection.
       ``(B) Failure to cooperate.--In case of refusal to obey a 
     subpoena lawfully issued under subparagraph (A)(ii), the 
     Secretary may request that the Attorney General apply in an 
     appropriate district court of the United States for an order 
     requiring compliance with such subpoena, and any failure to 
     obey such order may be punished by such court as contempt.
       ``(C) Department of labor.--The Secretary of Labor shall 
     have the investigative authority provided under section 11(a) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to 
     ensure compliance with the provisions of this section.
       ``(3) Compliance procedures.--
       ``(A) Prepenalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a violation of a 
     requirement of this section and determines that further 
     proceedings related to such violation are warranted, the 
     Secretary shall issue to the employer concerned a written 
     notice of the Secretary's intention to issue a claim for a 
     fine or other penalty. Such notice shall--
       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;
       ``(iii) specify the amount of fines or other penalties to 
     be imposed;
       ``(iv) disclose the material facts which establish the 
     alleged violation; and
       ``(v) inform such employer that the employer shall have a 
     reasonable opportunity to make representations as to why a 
     claim for a monetary or other penalty should not be imposed.
       ``(B) Remission or mitigation of penalties.--
       ``(i) Review by secretary.--If the Secretary determines 
     that such fine or other penalty was incurred erroneously, or 
     determines the existence of such mitigating circumstances as 
     to justify the remission or mitigation of such fine or 
     penalty, the Secretary may remit or mitigate such fine or

[[Page S4993]]

     other penalty on the terms and conditions as the Secretary 
     determines are reasonable and just, or order termination of 
     any proceedings related to the notice.
       ``(ii) Applicability.--This subparagraph may not apply to 
     an employer that has or is engaged in a pattern or practice 
     of violations of paragraph (1), (2), or (3) of subsection (a) 
     or of any other requirements of this section.
       ``(C) Penalty claim.--After considering evidence and 
     representations offered by the employer, the Secretary shall 
     determine whether there was a violation and promptly issue a 
     written final determination setting forth the findings of 
     fact and conclusions of law on which the determination is 
     based and the appropriate penalty.
       ``(4) Civil penalties.--
       ``(A) Hiring or continuing to employ unauthorized aliens.--
     Any employer that violates any provision of paragraph (1), 
     (2), or (3) of subsection (a) shall pay civil penalties as 
     follows:
       ``(i) Pay a civil penalty of not less than $500 and not 
     more than $4,000 for each unauthorized alien with respect to 
     each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     during the 12-month period preceding the violation under this 
     subparagraph, pay a civil penalty of not less than $4,000 and 
     not more than $10,000 for each unauthorized alien with 
     respect to each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time during the 24-month period preceding the violation 
     under this subparagraph or has failed to comply with a 
     previously issued and final order related to any such 
     provision, pay a civil penalty of not less than $6,000 and 
     not more than $20,000 for each unauthorized alien with 
     respect to each such violation.
       ``(B) Recordkeeping or verification practices.--Any 
     employer that violates or fails to comply with the 
     recordkeeping requirements of subsections (a), (c), and (d), 
     shall pay a civil penalty as follows:
       ``(i) Pay a civil penalty of not less than $200 and not 
     more than $2,000 for each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     during the 12-month period preceding the violation under this 
     subparagraph, pay a civil penalty of not less than $400 and 
     not more than $4,000 for each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time during the 24-month period preceding the violation 
     under this subparagraph or has failed to comply with a 
     previously issued and final order related to such 
     requirements, pay a civil penalty of not less than $600 and 
     not more than $6,000 for each such violation.
       ``(C) Other penalties.--Notwithstanding subparagraphs (A) 
     and (B), the Secretary may impose additional penalties for 
     violations, including violations of cease and desist orders, 
     specially designed compliance plans to prevent further 
     violations, suspended fines to take effect in the event of a 
     further violation, and in appropriate cases, the criminal 
     penalty described in subsection (f).
       ``(5) Judicial review.--An employer adversely affected by a 
     final determination may, within 45 days after the date the 
     final determination is issued, file a petition in any 
     appropriate district court of the United States. The filing 
     of a petition as provided in this paragraph shall stay the 
     Secretary's determination until entry of judgment by the 
     court. The burden shall be on the employer to show that the 
     final determination was not supported by substantial 
     evidence. The Secretary is authorized to require that the 
     petitioner provide, prior to filing for review, security for 
     payment of fines and penalties through bond or other 
     guarantee of payment acceptable to the Secretary.
       ``(6) Enforcement of orders.--If an employer fails to 
     comply with a final determination issued against that 
     employer under this subsection, and the final determination 
     is not subject to review as provided in paragraph (5), the 
     Attorney General may file suit to enforce compliance with the 
     final determination, not earlier than 46 days and not later 
     than 180 days after the date the final determination is 
     issued, in any appropriate district court of the United 
     States. In any such suit, the validity and appropriateness of 
     the final determination shall not be subject to review.
       ``(7) Recovery of costs and attorney's fees.--In any appeal 
     brought under paragraph (5) or suit brought under paragraph 
     (6) of this section the employer shall be entitled to recover 
     from the Secretary reasonable costs and attorney's fees if 
     such employer substantially prevails on the merits of the 
     case. Such an award of attorney's fees may not exceed 
     $25,000. Any such costs and attorney's fees assessed against 
     the Secretary shall be charged against the operating expenses 
     of the Department for the fiscal year in which the assessment 
     is made, and may not be reimbursed from any other source.
       ``(f) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Criminal penalty.--An employer that engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined not more than $20,000 for 
     each unauthorized alien with respect to whom such a violation 
     occurs, imprisoned for not more than 3 years for the entire 
     pattern or practice, or both.
       ``(2) Enjoining of pattern or practice violations.--If the 
     Secretary or the Attorney General has reasonable cause to 
     believe that an employer is engaged in a pattern or practice 
     of employment, recruitment, or referral in violation of 
     paragraph (1)(A) or (2) of subsection (a), the Attorney 
     General may bring a civil action in the appropriate district 
     court of the United States requesting a permanent or 
     temporary injunction, restraining order, or other order 
     against the employer, as the Secretary deems necessary.
       ``(g) Adjustment for Inflation.--All penalties and 
     limitations on the recovery of costs and attorney's fees in 
     this section shall be increased every 4 years beginning 
     January 2010 to reflect the percentage increase in the 
     consumer price index for all urban consumers (all items; U.S. 
     city average) for the 48 month period ending with September 
     of the year preceding the year such adjustment is made. Any 
     adjustment under this subparagraph shall be rounded to the 
     nearest dollar.
       ``(h) Prohibition of Indemnity Bonds.--
       ``(1) Prohibition.--It is unlawful for an employer, in the 
     hiring, recruiting, or referring for a fee, of an individual, 
     to require the individual to post a bond or security, to pay 
     or agree to pay an amount, or otherwise to provide a 
     financial guarantee or indemnity, against any potential 
     liability arising under this section relating to such hiring, 
     recruiting, or referring of the individual.
       ``(2) Civil penalty.--Any employer which is determined, 
     after notice and opportunity for mitigation of the monetary 
     penalty under subsection (e), to have violated paragraph (1) 
     of this subsection shall be subject to a civil penalty of 
     $10,000 for each violation and to an administrative order 
     requiring the return of any amounts received in violation of 
     such paragraph to the employee or, if the employee cannot be 
     located, to the Employer Compliance Fund established under 
     section 286(w).
       ``(i) Prohibition on Award of Government Contracts, Grants, 
     and Agreements.--
       ``(1) Employers with no contracts, grants, or agreements.--
       ``(A) In general.--If an employer who does not hold a 
     Federal contract, grant, or cooperative agreement is 
     determined by the Secretary to be a repeat violator of this 
     section or is convicted of a crime under this section, the 
     employer shall be debarred from the receipt of a Federal 
     contract, grant, or cooperative agreement for a period of 5 
     years. The Secretary or the Attorney General shall advise the 
     Administrator of General Services of such a debarment, and 
     the Administrator of General Services shall list the employer 
     on the List of Parties Excluded from Federal Procurement and 
     Nonprocurement Programs for a period of 5 years.
       ``(B) Waiver.--The Administrator of General Services, in 
     consultation with the Secretary and the Attorney General, may 
     waive operation of this subsection or may limit the duration 
     or scope of the debarment.
       ``(2) Employers with contracts, grants, or agreements.--
       ``(A) In general.--An employer who holds a Federal 
     contract, grant, or cooperative agreement and is determined 
     by the Secretary to be a repeat violator of this section or 
     is convicted of a crime under this section, shall be debarred 
     from the receipt of new Federal contracts, grants, or 
     cooperative agreements for a period of 5 years.
       ``(B) Notice to agencies.--Prior to debarring the employer 
     under subparagraph (A), the Secretary, in cooperation with 
     the Administrator of General Services, shall advise any 
     agency or department holding a contract, grant, or 
     cooperative agreement with the employer of the Government's 
     intention to debar the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 5 years.
       ``(C) Waiver.--After consideration of the views of any 
     agency or department that holds a contract, grant, or 
     cooperative agreement with the employer, the Secretary may, 
     in lieu of debarring the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 5 years, waive operation of this subsection, limit 
     the duration or scope of the debarment, or may refer to an 
     appropriate lead agency the decision of whether to debar the 
     employer, for what duration, and under what scope in 
     accordance with the procedures and standards prescribed by 
     the Federal Acquisition Regulation. However, any proposed 
     debarment predicated on an administrative determination of 
     liability for civil penalty by the Secretary or the Attorney 
     General shall not be reviewable in any debarment proceeding. 
     The decision of whether to debar or take alternate action 
     under this subparagraph shall not be judicially reviewed.
       ``(3) Suspension.--Indictments for violations of this 
     section or adequate evidence of actions that could form the 
     basis for debarment under this subsection shall be considered 
     a cause for suspension under the procedures and standards for 
     suspension prescribed by the Federal Acquisition Regulation.
       ``(j) Miscellaneous Provisions.--
       ``(1) Documentation.--In providing documentation or 
     endorsement of authorization of aliens eligible to be 
     employed in the United States, the Secretary shall provide 
     that any limitations with respect to the period or type of 
     employment or employer shall be conspicuously stated on the 
     documentation or endorsement (other than aliens lawfully 
     admitted for permanent residence).
       ``(2) Preemption.--The provisions of this section preempt 
     any State or local law imposing civil or criminal sanctions 
     (other than through licensing and similar laws) upon those 
     who employ, or recruit or refer

[[Page S4994]]

     for a fee for employment, unauthorized aliens.
       ``(k) Deposit of Amounts Received.--Except as otherwise 
     specified, civil penalties collected under this section shall 
     be deposited by the Secretary into the Employer Compliance 
     Fund established under section 286(w).
       ``(l) Definitions.--In this section:
       ``(1) Employer.--The term `employer' means any person or 
     entity, including any entity of the Government of the United 
     States, hiring, recruiting, or referring an individual for 
     employment in the United States.
       ``(2) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(3) Unauthorized alien.--The term `unauthorized alien' 
     means, with respect to the employment of an alien at a 
     particular time, that the alien is not at that time either--
       ``(A) an alien lawfully admitted for permanent residence; 
     or
       ``(B) authorized to be so employed by this Act or by the 
     Secretary.''.
       (b) Conforming Amendments.--
       (1) Amendments.--
       (A) Repeal of basic pilot.--Sections 401, 402, 403, 404, 
     and 405 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note) are repealed.
       (B) Repeal of reporting requirements.--
       (i) Report on earnings of aliens not authorized to work.--
     Subsection (c) of section 290 (8 U.S.C. 1360) is repealed.
       (ii) Report on fraudulent use of social security account 
     numbers.--Subsection (b) of section 414 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1360 note) is 
     repealed.
       (2) Construction.--Nothing in this subsection or in 
     subsection (d) of section 274A, as amended by subsection (a), 
     may be construed to limit the authority of the Secretary to 
     allow or continue to allow the participation of employers who 
     participated in the basic pilot program under sections 401, 
     402, 403, 404, and 405 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1324a note) in the Electronic 
     Employment Verification System established pursuant to such 
     subsection (d).
       (c) Technical Amendments.--
       (1) Definition of unauthorized alien.--Sections 218(i)(1) 
     (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 
     274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) 
     (8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' 
     and inserting ``274A''.
       (2) Document requirements.--Section 274B (8 U.S.C. 1324b) 
     is amended--
       (A) in subsections (a)(6) and (g)(2)(B), by striking 
     ``274A(b)'' and inserting ``274A(d)''; and
       (B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)'' 
     and inserting ``274A(d)''.
       (d) Amendments to the Social Security Act.--Section 
     205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is 
     amended by adding at the end the following new subparagraphs:
       ``(I)(i) The Commissioner of Social Security shall, subject 
     to the provisions of section 301(f)(2) of the Comprehensive 
     Immigration Reform Act of 2006, establish a reliable, secure 
     method to provide through the Electronic Employment 
     Verification System established pursuant to subsection (d) of 
     section 274A of the Immigration and Nationality Act (referred 
     to in this subparagraph as the `System'), within the time 
     periods required by paragraph (8) of such subsection--
       ``(I) a determination of whether the name, date of birth, 
     and social security account number of an individual provided 
     in an inquiry made to the System by an employer is consistent 
     with such information maintained by the Commissioner in order 
     to confirm the validity of the information provided;
       ``(II) determination of the citizenship status associated 
     with such name and social security account number, according 
     to the records maintained by the Commissioner;
       ``(III) a determination of whether the name and number 
     belongs to an individual who is deceased, according to the 
     records maintained by the Commissioner;
       ``(IV) a determination of whether the name and number is 
     blocked in accordance with clause (ii); and
       ``(V) a confirmation notice or a nonconfirmation notice 
     described in such paragraph (8), in a manner that ensures 
     that other information maintained by the Commissioner is not 
     disclosed or released to employers through the System.
       ``(ii) The Commissioner of Social Security shall prevent 
     the fraudulent or other misuse of a social security account 
     number by establishing procedures under which an individual 
     who has been assigned a social security account number may 
     block the use of such number under the System and remove such 
     block.
       ``(J) In assigning social security account numbers to 
     aliens who are authorized to work in the United States under 
     section 218A of the Immigration and Nationality Act, the 
     Commissioner of Social Security shall, to the maximum extent 
     practicable, assign such numbers by employing the enumeration 
     procedure administered jointly by the Commissioner, the 
     Secretary of State, and the Secretary.''.
       (e) Disclosure of Certain Taxpayer Identity Information.--
       (1) In general.--Section 6103(l) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(21) Disclosure of certain taxpayer identity information 
     by social security administration to department of homeland 
     security.--
       ``(A) In general.--From taxpayer identity information which 
     has been disclosed to the Social Security Administration and 
     upon written request by the Secretary of Homeland Security, 
     the Commissioner of Social Security shall disclose directly 
     to officers, employees, and contractors of the Department of 
     Homeland Security the following information:
       ``(i) Disclosure of employer no-match notices.--Taxpayer 
     identity information of each person who has filed an 
     information return required by reason of section 6051 during 
     calendar year 2006, 2007, or 2008 which contains--

       ``(I) more than 100 names and taxpayer identifying numbers 
     of employees (within the meaning of such section) that did 
     not match the records maintained by the Commissioner of 
     Social Security, or
       ``(II) more than 10 names of employees (within the meaning 
     of such section) with the same taxpayer identifying number.

       ``(ii) Disclosure of information regarding use of duplicate 
     employee taxpayer identifying information.--Taxpayer identity 
     information of each person who has filed an information 
     return required by reason of section 6051 which the 
     Commissioner of Social Security has reason to believe, based 
     on a comparison with information submitted by the Secretary 
     of Homeland Security, contains evidence of identity fraud due 
     to the multiple use of the same taxpayer identifying number 
     (assigned under section 6109) of an employee (within the 
     meaning of section 6051).
       ``(iii) Disclosure of information regarding 
     nonparticipating employers.--Taxpayer identity information of 
     each person who has filed an information return required by 
     reason of section 6051 which the Commissioner of Social 
     Security has reason to believe, based on a comparison with 
     information submitted by the Secretary of Homeland Security, 
     contains evidence of such person's failure to register and 
     participate in the Electronic Employment Verification System 
     authorized under section 274A(d) of the Immigration and 
     Nationality Act (hereafter in this paragraph referred to as 
     the `System').
       ``(iv) Disclosure of information regarding new employees of 
     nonparticipating employers.--Taxpayer identity information of 
     all employees (within the meaning of section 6051) hired 
     after the date a person identified in clause (iii) is 
     required to participate in the System under section 
     274A(d)(2) or section 274A(d)(3)(B) of the Immigration and 
     Nationality Act.
       ``(v) Disclosure of information regarding employees of 
     certain designated employers.--Taxpayer identity information 
     of all employees (within the meaning of section 6051) of each 
     person who is required to participate in the System under 
     section 274A(d)(3)(B) of the Immigration and Nationality Act.
       ``(vi) Disclosure of new hire taxpayer identity 
     information.--Taxpayer identity information of each person 
     participating in the System and taxpayer identity information 
     of all employees (within the meaning of section 6051) of such 
     person hired during the period beginning with the later of--

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

     ending with the date of the most recent request under this 
     clause.
       ``(B) Restriction on disclosure.--The Commissioner of 
     Social Security shall disclose taxpayer identity information 
     under subparagraph (A) only for purposes of, and to the 
     extent necessary in--
       ``(i) establishing and enforcing employer participation in 
     the System,
       ``(ii) carrying out, including through civil administrative 
     and civil judicial proceedings, of sections 212, 217, 235, 
     237, 238, 274A, 274B, and 274C of the Immigration and 
     Nationality Act, and
       ``(iii) the civil operation of the Alien Terrorist Removal 
     Court.
       ``(C) Reimbursement.--The Commissioner of Social Security 
     shall prescribe a reasonable fee schedule for furnishing 
     taxpayer identity information under this paragraph and 
     collect such fees in advance from the Secretary of Homeland 
     Security.
       ``(D) Termination.--This paragraph shall not apply to any 
     request made after the date which is 3 years after the date 
     of the enactment of this paragraph.''.
       (2) Compliance by dhs contractors with confidentiality 
     safeguards.--
       (A) In general.--Section 6103(p) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(9) Disclosure to dhs contractors.--Notwithstanding any 
     other provision of this section, no return or return 
     information shall be disclosed to any contractor of the 
     Department of Homeland Security unless such Department, to 
     the satisfaction of the Secretary--
       ``(A) has requirements in effect which require each such 
     contractor which would have access to returns or return 
     information to provide safeguards (within the meaning of 
     paragraph (4)) to protect the confidentiality of such returns 
     or return information,
       ``(B) agrees to conduct an on-site review every 3 years 
     (mid-point review in the case of

[[Page S4995]]

     contracts or agreements of less than 1 year in duration) of 
     each contractor to determine compliance with such 
     requirements,
       ``(C) submits the findings of the most recent review 
     conducted under subparagraph (B) to the Secretary as part of 
     the report required by paragraph (4)(E), and
       ``(D) certifies to the Secretary for the most recent annual 
     period that such contractor is in compliance with all such 
     requirements.

     The certification required by subparagraph (D) shall include 
     the name and address of each contractor, a description of the 
     contract or agreement with such contractor, and the duration 
     of such contract or agreement.''.
       (3) Conforming amendments.--
       (A) Section 6103(a)(3) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (B) Section 6103(p)(3)(A) of such Code is amended by adding 
     at the end the following new sentence: ``The Commissioner of 
     Social Security shall provide to the Secretary such 
     information as the Secretary may require in carrying out this 
     paragraph with respect to return information inspected or 
     disclosed under the authority of subsection (l)(21).''.
       (C) Section 6103(p)(4) of such Code is amended--
       (i) by striking ``or (17)'' both places it appears and 
     inserting ``(17), or (21)'', and
       (ii) by striking ``or (20)'' each place it appears and 
     inserting ``(20), or (21)''.
       (D) Section 6103(p)(8)(B) of such Code is amended by 
     inserting ``or paragraph (9)'' after ``subparagraph (A)''.
       (E) Section 7213(a)(2) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (f) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary such sums as are necessary to carry out the 
     amendments made by this section.
       (2) Limitation on verification responsibilities of 
     commissioner of social security.--The Commissioner of Social 
     Security is authorized to perform activities with respect to 
     carrying out the Commissioner's responsibilities in this 
     title or the amendments made by this title, but only to the 
     extent the Secretary has provided, in advance, funds to cover 
     the Commissioner's full costs in carrying out such 
     responsibilities. In no case shall funds from the Federal 
     Old-Age and Survivors Insurance Trust Fund or the Federal 
     Disability Insurance Trust Fund be used to carry out such 
     responsibilities.
       (g) Effective Dates.--
       (1) In general.--The amendments made by subsections (a), 
     (b), (c), and (d) shall take effect on the date that is 180 
     days after the date of the enactment of this Act.
       (2) Subsection (e).--
       (A) In general.--The amendments made by subsection (e) 
     shall apply to disclosures made after the date of the 
     enactment of this Act.
       (B) Certifications.--The first certification under section 
     6103(p)(9)(D) of the Internal Revenue Code of 1986, as added 
     by subsection (e)(2), shall be made with respect to calendar 
     year 2007.

     SEC. 302. EMPLOYER COMPLIANCE FUND.

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

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

       (a) Increase in Number of Personnel.--The Secretary shall, 
     subject to the availability of appropriations for such 
     purpose, annually increase, by not less than 2,200, the 
     number of personnel of the Bureau of Immigration and Customs 
     Enforcement during the 5-year period beginning on the date of 
     the enactment of this Act.
       (b) Use of Personnel.--The Secretary shall ensure that not 
     less than 25 percent of all the hours expended by personnel 
     of the Bureau of Immigration and Customs Enforcement shall be 
     used to enforce compliance with sections 274A and 274C of the 
     Immigration and Nationality Act (8 U.S.C. 1324a and 1324c).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for each of the fiscal 
     years 2007 through 2011 such sums as may be necessary to 
     carry out this section.

     SEC. 304. CLARIFICATION OF INELIGIBILITY FOR 
                   MISREPRESENTATION.

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

     SEC. 305. ANTIDISCRIMINATION PROTECTIONS.

       (a) Application of Prohibition of Discrimination to 
     Verification System.--Section 274B(a)(1) (8 U.S.C. 
     1324b(a)(1)) is amended by inserting ``, the verification of 
     the individual's work authorization through the Electronic 
     Employment Verification System described in section 
     274A(d),'' after ``the individual for employment''.
       (b) Classes of Aliens as Protected Individuals.--Section 
     274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is amended to read as 
     follows:
       ``(B) is an alien who is--
       ``(i) lawfully admitted for permanent residence;
       ``(ii) granted the status of an alien lawfully admitted for 
     temporary residence under section 210(a) or 245(a)(1);
       ``(iii) admitted as a refugee under section 207;
       ``(iv) granted asylum under section 208;
       ``(v) granted the status of a nonimmigrant under section 
     101(a)(15)(H)(ii)(c);
       ``(vi) granted temporary protected status under section 
     244; or
       ``(vii) granted parole under section 212(d)(5).''.
       (c) Requirements for Electronic Employment Verification.--
     Section 274B(a) (8 U.S.C. 1324b(a)) is amended by adding at 
     the end the following:
       ``(7) Antidiscrimination requirements of the electronic 
     employment verification system.--It is an unfair immigration-
     related employment practice for a person or other entity, in 
     the course of the electronic verification process described 
     in section 274A(d)--
       ``(A) to terminate or undertake any adverse employment 
     action due to a tentative nonconfirmation;
       ``(B) to use the verification system for screening of an 
     applicant prior to an offer of employment;
       ``(C) except as described in section 274A(d)(3)(B), to use 
     the verification system for a current employee after the 
     first 3 days of employment, or for the reverification of an 
     employee after the employee has satisfied the process 
     described in section 274A(d); or
       ``(D) to require an individual to make an inquiry under the 
     self-verification procedures established in section 
     274A(d)(8)(E)(iii).''.
       (d) Increase in Civil Money Penalties.--Section 274B(g)(2) 
     (8 U.S.C. 1324b(g)(2)) is amended--
       (1) in subparagraph (B)(iv)--
       (A) in subclause (I), by striking ``$250 and not more than 
     $2,000'' and inserting ``$1,000 and not more than $4,000'';
       (B) in subclause (II), by striking ``$2,000 and not more 
     than $5,000'' and inserting ``$4,000 and not more than 
     $10,000'';
       (C) in subclause (III), by striking ``$3,000 and not more 
     than $10,000'' and inserting ``$6,000 and not more than 
     $20,000''; and
       (D) in subclause (IV), by striking ``$100 and not more than 
     $1,000'' and inserting ``$500 and not more than $5,000''.
       (e) Increased Funding of Information Campaign.--Section 
     274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by inserting 
     ``and an additional $40,000,000 for each of fiscal years 2007 
     through 2009'' before the period at the end.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to violations occurring on or after such 
     date.
                                 ______
                                 
  SA 4150. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 391, strike line 24 and all that follows 
     through page 392, line 9.
                                 ______
                                 
  SA 4151. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 378, strike lines 11 through 14, and insert ``any 
     right to judicial review, other than to contest any removal 
     action on the basis of''.
                                 ______
                                 
  SA 4152. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 380, between lines 20 and 21, insert the following:
       ``(e) Confidentiality of Information.--The restrictions on 
     the use of information set out in subsection (e) of section 
     245B shall apply to information submitted by an alien seeking 
     Deferred Mandatory Departure status under this section.
                                 ______
                                 
  SA 4149. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 345, between lines 5 and 6, insert the following:

Subtitle B--Preservation of Immigration Benefits for Hurricane Katrina 
                                Victims

     SEC. 511. SHORT TITLE.

       This subtitle may be cited as the ``Hurricane Katrina 
     Victims Immigration Benefits Preservation Act''.

[[Page S4996]]

     SEC. 512. DEFINITIONS.

       In this subtitle:
       (1) Application of definitions from the immigration and 
     nationality act.--Except as otherwise specifically provided 
     in this subtitle, the definitions in the Immigration and 
     Nationality Act shall apply in the administration of this 
     subtitle.
       (2) Direct result of a specified hurricane disaster.--The 
     term ``direct result of a specified hurricane disaster''--
       (A) means physical damage, disruption of communications or 
     transportation, forced or voluntary evacuation, business 
     closures, or other circumstances directly caused by Hurricane 
     Katrina (on or after August 26, 2005) or Hurricane Rita (on 
     or after September 21, 2005); and
       (B) does not include collateral or consequential economic 
     effects in or on the United States or global economies.

     SEC. 513. SPECIAL IMMIGRANT STATUS.

       (a) Provision of Status.--
       (1) In general.--For purposes of the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), the Secretary may 
     provide an alien described in subsection (b) with the status 
     of a special immigrant under section 101(a)(27) of such Act 
     (8 U.S.C. 1101(a)(27)), if the alien--
       (A) files with the Secretary a petition under section 204 
     of such Act (8 U.S.C. 1154) for classification under section 
     203(b)(4) of such Act (8 U.S.C. 1153(b)(4));
       (B) is otherwise eligible to receive an immigrant visa; and
       (C) is otherwise admissible to the United States for 
     permanent residence.
       (2) Inapplicable provision.--In determining admissibility 
     under paragraph (1)(C), the grounds for inadmissibility 
     specified in section 212(a)(4) of such Act (8 U.S.C. 
     1182(a)(4)) shall not apply.
       (b) Aliens Described.--
       (1) Principal aliens.--An alien is described in this 
     subsection if--
       (A) the alien was the beneficiary of--
       (i) a petition that was filed with the Secretary on or 
     before August 26, 2005--

       (I) under section 204 of the Immigration and Nationality 
     Act (8 U.S.C. 1154) to classify the alien as a family-
     sponsored immigrant under section 203(a) of such Act (8 
     U.S.C. 1153(a)) or as an employment-based immigrant under 
     section 203(b) of such Act (8 U.S.C. 1153(b)); or
       (II) under section 214(d) of such Act (8 U.S.C. 1184(d)) to 
     authorize the issuance of a nonimmigrant visa to the alien 
     under section 101(a)(15)(K) of such Act (8 U.S.C. 
     1101(a)(15)(K)); or

       (ii) an application for labor certification under section 
     212(a)(5)(A) of such Act (8 U.S.C. 1182(a)(5)(A)) that was 
     filed under regulations of the Secretary of Labor on or 
     before such date; and
       (B) such petition or application was revoked or terminated 
     (or otherwise rendered null), before or after its approval, 
     solely due to--
       (i) the death or disability of the petitioner, applicant, 
     or alien beneficiary as a direct result of a specified 
     hurricane disaster; or
       (ii) loss of employment as a direct result of a specified 
     hurricane disaster.
       (2) Spouses and children.--
       (A) In general.--An alien is described in this subsection 
     if--
       (i) the alien, as of August 26, 2005, was the spouse or 
     child of a principal alien described in paragraph (1); and
       (ii) the alien--

       (I) is accompanying such principal alien; or
       (II) is following to join such principal alien not later 
     than August 26, 2007.

       (B) Construction.--In construing the terms ``accompanying'' 
     and ``following to join'' in subparagraph (A)(ii), the death 
     of a principal alien described in paragraph (1)(B)(i) shall 
     be disregarded.
       (3) Grandparents or legal guardians of orphans.--An alien 
     is described in this subsection if the alien is a grandparent 
     or legal guardian of a child whose parents died as a direct 
     result of a specified hurricane disaster, if either of the 
     deceased parents was, as of August 26, 2005, a citizen or 
     national of the United States or an alien lawfully admitted 
     for permanent residence in the United States.
       (c) Priority Date.--Immigrant visas made available under 
     this section shall be issued to aliens in the order in which 
     a petition on behalf of each such alien is filed with the 
     Secretary under subsection (a)(1), except that if an alien 
     was assigned a priority date with respect to a petition 
     described in subsection (b)(1)(A)(i), the alien may maintain 
     that priority date.
       (d) Numerical Limitations.--In applying sections 201 
     through 203 of the Immigration and Nationality Act (8 U.S.C. 
     1151-1153) in any fiscal year, aliens eligible to be provided 
     status under this section shall be treated as special 
     immigrants who are not described in subparagraph (A), (B), 
     (C), or (K) of section 101(a)(27) of such Act (8 U.S.C. 
     1101(a)(27)).

     SEC. 514. EXTENSION OF FILING OR REENTRY DEADLINES.

       (a) Automatic Extension of Nonimmigrant Status.--
       (1) In general.--Notwithstanding section 214 of the 
     Immigration and Nationality Act (8 U.S.C. 1184), an alien 
     described in paragraph (2) who was lawfully present in the 
     United States as a nonimmigrant on August 26, 2005, may, 
     unless otherwise determined by the Secretary in the 
     Secretary's discretion, lawfully remain in the United States 
     in the same nonimmigrant status until the later of--
       (A) the date on which such lawful nonimmigrant status would 
     have otherwise terminated absent the enactment of this 
     subsection; or
       (B) 1 year after the death or onset of disability described 
     in paragraph (2).
       (2) Aliens described.--
       (A) Principal aliens.--An alien is described in this 
     paragraph if the alien was disabled as a direct result of a 
     specified hurricane disaster.
       (B) Spouses and children.--An alien is described in this 
     paragraph if the alien, as of August 26, 2005, was the spouse 
     or child of--
       (i) a principal alien described in subparagraph (A); or
       (ii) an alien who died as a direct result of a specified 
     hurricane disaster.
       (3) Authorized employment.--During the period in which a 
     principal alien or alien spouse is in lawful nonimmigrant 
     status under paragraph (1), the alien may be provided an 
     ``employment authorized'' endorsement or other appropriate 
     document signifying authorization of employment.
       (b) New Deadlines for Extension or Change of Nonimmigrant 
     Status.--
       (1) Filing delays.--
       (A) In general.--If an alien, who was lawfully present in 
     the United States as a nonimmigrant on August 26, 2005, was 
     prevented from filing a timely application for an extension 
     or change of nonimmigrant status as a direct result of a 
     specified hurricane disaster, the alien's application may be 
     considered timely filed if it is filed not later than one 
     year after it would have otherwise been due.
       (B) Circumstances preventing timely action.--For purposes 
     of subparagraph (A), circumstances preventing an alien from 
     timely acting are--
       (i) office closures;
       (ii) mail or courier service cessations or delays;
       (iii) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements;
       (iv) mandatory evacuation and relocation; or
       (v) other circumstances, including medical problems or 
     financial hardship.
       (2) Departure delays.--
       (A) In general.--If an alien, who was lawfully present in 
     the United States as a nonimmigrant on August 26, 2005, is 
     unable to timely depart the United States as a direct result 
     of a specified hurricane disaster, the alien shall not be 
     considered to have been unlawfully present in the United 
     States during the period beginning on August 26, 2005, and 
     ending on the date of the alien's departure, if such 
     departure occurred on or before February 28, 2006.
       (B) Circumstances preventing timely action.--For purposes 
     of subparagraph (A), circumstances preventing an alien from 
     timely acting are--
       (i) office closures;
       (ii) transportation cessations or delays;
       (iii) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements;
       (iv) mandatory evacuation and relocation; or
       (v) other circumstances, including medical problems or 
     financial hardship.
       (c) Diversity Immigrants.--Section 204(a)(1)(I)(ii)(II) (8 
     U.S.C. 1154(a)(1)(I)(ii)(II)), is amended to read as follows:
       ``(II) An immigrant visa made available under subsection 
     203(c) for fiscal year 1998, or for a subsequent fiscal year, 
     may be issued, or adjustment of status under section 245(a) 
     based upon the availability of such visa may be granted, to 
     an eligible qualified alien who has properly applied for such 
     visa or adjustment in the fiscal year for which the alien was 
     selected notwithstanding the end of such fiscal year. Such 
     visa or adjustment of status shall be counted against the 
     worldwide level set forth in subsection 201(e) for the fiscal 
     year for which the alien was selected.''.
       (d) Extension of Filing Period.--If an alien is unable to 
     timely file an application to register or reregister for 
     Temporary Protected Status under section 244 of the 
     Immigration and Nationality Act (8 U.S.C. 1254a) as a direct 
     result of a specified hurricane disaster, the alien's 
     application may be considered timely filed if it is filed not 
     later than 90 days after it otherwise would have been due.
       (f) Voluntary Departure.--
       (1) In general.--Notwithstanding section 240B of the 
     Immigration and Nationality Act (8 U.S.C. 1229c), if a period 
     for voluntary departure under such section expired during the 
     period beginning on August 26, 2005, and ending on December 
     31, 2005, and the alien was unable to voluntarily depart 
     before the expiration date as a direct result of a specified 
     hurricane disaster, such voluntary departure period is deemed 
     extended for an additional 60 days.
       (2) Circumstances preventing departure.--For purposes of 
     this subsection, circumstances preventing an alien from 
     voluntarily departing the United States are--
       (A) office closures;
       (B) transportation cessations or delays;
       (C) other closures, cessations, or delays affecting case 
     processing or travel necessary to satisfy legal requirements;
       (D) mandatory evacuation and removal; and
       (E) other circumstances, including medical problems or 
     financial hardship.
       (g) Current Nonimmigrant Visa Holders.--
       (1) In general.--An alien, who was lawfully present in the 
     United States on August 26, 2005, as a nonimmigrant under 
     section

[[Page S4997]]

     101(a)(15)(H) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(H)) and lost employment as a direct result 
     of a specified hurricane disaster may accept new employment 
     upon the filing by a prospective employer of a new petition 
     on behalf of such nonimmigrant not later than August 26, 
     2006.
       (2) Continuation of employment authorization.--Employment 
     authorization shall continue for such alien until the new 
     petition is adjudicated. If the new petition is denied, such 
     employment shall cease.
       (3) Savings provision.--Nothing in this subsection shall be 
     construed to limit eligibility for portability under section 
     214(n) of the Immigration and Nationality Act (8 U.S.C. 
     1184(n)).

     SEC. 515. HUMANITARIAN RELIEF FOR CERTAIN SURVIVING SPOUSES 
                   AND CHILDREN.

       (a) Treatment as Immediate Relatives.--
       (1) Spouses.--Notwithstanding the second sentence of 
     section 201(b)(2)(A)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1151(b)(2)(A)(i)), in the case of an alien who 
     was the spouse of a citizen of the United States at the time 
     of the citizen's death and was not legally separated from the 
     citizen at the time of the citizen's death, if the citizen 
     died as a direct result of a specified hurricane disaster, 
     the alien (and each child of the alien) may be considered, 
     for purposes of section 201(b) of such Act, to remain an 
     immediate relative after the date of the citizen's death if 
     the alien files a petition under section 204(a)(1)(A)(ii) of 
     such Act not later than 2 years after such date and only 
     until the date on which the alien remarries. For purposes of 
     such section 204(a)(1)(A)(ii), an alien granted relief under 
     this paragraph shall be considered an alien spouse described 
     in the second sentence of section 201(b)(2)(A)(i) of such 
     Act.
       (2) Children.--
       (A) In general.--In the case of an alien who was the child 
     of a citizen of the United States at the time of the 
     citizen's death, if the citizen died as a direct result of a 
     specified hurricane disaster, the alien may be considered, 
     for purposes of section 201(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(b)), to remain an immediate 
     relative after the date of the citizen's death (regardless of 
     subsequent changes in age or marital status), but only if the 
     alien files a petition under subparagraph (B) not later than 
     2 years after such date.
       (B) Petitions.--An alien described in subparagraph (A) may 
     file a petition with the Secretary for classification of the 
     alien under section 201(b)(2)(A)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)), which shall be 
     considered a petition filed under section 204(a)(1)(A) of 
     such Act (8 U.S.C. 1154(a)(1)(A)).
       (b) Spouses, Children, Unmarried Sons and Daughters of 
     Lawful Permanent Resident Aliens.--
       (1) In general.--Any spouse, child, or unmarried son or 
     daughter of an alien described in paragraph (3) who is 
     included in a petition for classification as a family-
     sponsored immigrant under section 203(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(a)(2)) that 
     was filed by such alien before August 26, 2005, may be 
     considered (if the spouse, child, son, or daughter has not 
     been admitted or approved for lawful permanent residence by 
     such date) a valid petitioner for preference status under 
     such section with the same priority date as that assigned 
     before the death described in paragraph (3)(A). No new 
     petition shall be required to be filed. Such spouse, child, 
     son, or daughter may be eligible for deferred action and work 
     authorization.
       (2) Self-petitions.--Any spouse, child, or unmarried son or 
     daughter of an alien described in paragraph (3) who is not a 
     beneficiary of a petition for classification as a family-
     sponsored immigrant under section 203(a)(2) of the 
     Immigration and Nationality Act may file a petition for such 
     classification with the Secretary, if the spouse, child, son, 
     or daughter was present in the United States on August 26, 
     2005. Such spouse, child, son, or daughter may be eligible 
     for deferred action and work authorization.
       (3) Aliens described.--An alien is described in this 
     paragraph if the alien--
       (A) died as a direct result of a specified hurricane 
     disaster; and
       (B) on the day of such death, was lawfully admitted for 
     permanent residence in the United States.
       (c) Applications for Adjustment of Status by Surviving 
     Spouses and Children of Employment-Based Immigrants.--
       (1) In general.--Any alien who was, on August 26, 2005, the 
     spouse or child of an alien described in paragraph (2), and 
     who applied for adjustment of status before the death 
     described in paragraph (2)(A), may have such application 
     adjudicated as if such death had not occurred.
       (2) Aliens described.--An alien is described in this 
     paragraph if the alien--
       (A) died as a direct result of a specified hurricane 
     disaster; and
       (B) on the day before such death, was--
       (i) an alien lawfully admitted for permanent residence in 
     the United States by reason of having been allotted a visa 
     under section 203(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1153(b)); or
       (ii) an applicant for adjustment of status to that of an 
     alien described in clause (i), and admissible to the United 
     States for permanent residence.
       (d) Applications by Surviving Spouses and Children of 
     Refugees and Asylees.--
       (1) In general.--Any alien who, on August 26, 2005, was the 
     spouse or child of an alien described in paragraph (2), may 
     have his or her eligibility to be admitted under sections 
     207(c)(2)(A) or 208(b)(3)(A) of the Immigration and 
     Nationality Act (8 U.S.C. 1157(c)(2)(A), 1158(b)(3)(A)) 
     considered as if the alien's death had not occurred.
       (2) Aliens described.--An alien is described in this 
     paragraph if the alien--
       (A) died as a direct result of a specified hurricane 
     disaster; and
       (B) on the day before such death, was--
       (i) an alien admitted as a refugee under section 207 of the 
     Immigration and Nationality Act (8 U.S.C. 1157); or
       (ii) granted asylum under section 208 of such Act (8 U.S.C. 
     1158).
       (e) Waiver of Public Charge Grounds.--In determining the 
     admissibility of any alien accorded an immigration benefit 
     under this section, the grounds for inadmissibility specified 
     in section 212(a)(4) of the Immigration and Nationality Act 
     (8 U.S.C. 1182(a)(4)) shall not apply.

     SEC. 516. RECIPIENT OF PUBLIC BENEFITS.

       An alien shall not be inadmissible under section 212(a)(4) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
     or deportable under section 237(a)(5) of such Act (8 U.S.C. 
     1227(a)(5)) on the basis that the alien received any public 
     benefit or as a direct result of a specified hurricane 
     disaster.

     SEC. 517. AGE-OUT PROTECTION.

       In administering the immigration laws, the Secretary and 
     the Attorney General may grant any application or benefit 
     notwithstanding the applicant or beneficiary (including a 
     derivative beneficiary of the applicant or beneficiary) 
     reaching an age that would render the alien ineligible for 
     the benefit sought, if the alien's failure to meet the age 
     requirement occurred as a direct result of a specified 
     hurricane disaster.

     SEC. 518. EMPLOYMENT ELIGIBILITY VERIFICATION.

       (a) In General.--The Secretary may suspend or modify any 
     requirement under section 274A(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1324a(b)) or subtitle A of title IV 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1324a note), either 
     generally or with respect to particular persons, class of 
     persons, geographic areas, or economic sectors, to the extent 
     to which the Secretary determines necessary or appropriate to 
     respond to national emergencies or disasters .
       (b) Notification.--If the Secretary suspends or modifies 
     any requirement under section 274A(b) of the Immigration and 
     Nationality Act pursuant to subsection (a), the Secretary 
     shall send notice of such decision, including the reasons for 
     the suspension or modification, to--
       (1) the Committee on the Judiciary of the Senate; and
       (2) the Committee of the Judiciary of the House of 
     Representatives.
       (c) Sunset Date.--The authority under subsection (a) shall 
     expire on August 26, 2008.

     SEC. 519. NATURALIZATION.

       The Secretary may, with respect to applicants for 
     naturalization in any district of the United States 
     Citizenship and Immigration Services affected by a specified 
     hurricane disaster, administer the provisions of Title III of 
     the Immigration and Nationality Act (8 U.S.C. 1401 et seq.) 
     notwithstanding any provision of such title relating to the 
     jurisdiction of an eligible court to administer the oath of 
     allegiance, or requiring residence to be maintained or any 
     action to be taken in any specific district or State within 
     the United States.

     SEC. 520. DISCRETIONARY AUTHORITY.

       The Secretary or the Attorney General may waive violations 
     of the immigration laws committed, on or before March 1, 
     2006, by an alien--
       (1) who was in lawful status on August 26, 2005; and
       (2) whose failure to comply with the immigration laws was a 
     direct result of a specified hurricane disaster.

     SEC. 521. EVIDENTIARY STANDARDS AND REGULATIONS.

       The Secretary shall establish appropriate evidentiary 
     standards for demonstrating, for purposes of this subtitle, 
     that a specified hurricane disaster directly resulted in--
       (1) death;
       (2) disability; or
       (3) loss of employment due to physical damage to, or 
     destruction of, a business.

     SEC. 522. IDENTIFICATION DOCUMENTS.

       (a) Temporary Identification.--The Secretary shall have the 
     authority to instruct any Federal agency to issue temporary 
     identification documents to individuals affected by a 
     specified hurricane disaster. Such documents shall be 
     acceptable for purposes of identification under any federal 
     law or regulation until August 26, 2006.
       (b) Issuance.--An agency may not issue identity documents 
     under this section after January 1, 2006.
       (c) No Compulsion to Accept or Carry Identification 
     Documents.--Nationals of the United States shall not be 
     compelled to accept or carry documents issued under this 
     section.
       (d) No Proof of Citizenship.--Identity documents issued 
     under this section shall not constitute proof of citizenship 
     or immigration status.

     SEC. 523. WAIVER OF REGULATIONS.

       The Secretary shall carry out the provisions of this 
     subtitle as expeditiously as possible. The Secretary is not 
     required to promulgate regulations before implementing

[[Page S4998]]

     this subtitle. The requirements of chapter 5 of title 5, 
     United States Code (commonly referred to as the 
     ``Administrative Procedure Act'') or any other law relating 
     to rule making, information collection, or publication in the 
     Federal Register, shall not apply to any action to implement 
     this subtitle to the extent the Secretary of Homeland 
     Security, the Secretary of Labor, or the Secretary of State 
     determine that compliance with such requirement would impede 
     the expeditious implementation of such Act.

     SEC. 524. NOTICES OF CHANGE OF ADDRESS.

       (a) In General.--If a notice of change of address otherwise 
     required to be submitted to the Secretary by an alien 
     described in subsection (b) relates to a change of address 
     occurring during the period beginning on August 26, 2005 and 
     ending on the date of enactment of this legislation, the 
     alien shall have 30 days after notice of enactment of this 
     legislation to submit such notice.
       (b) Aliens Described.--An alien is described in this 
     subsection if the alien--
       (1) resided, on August 26, 2005, within a district of the 
     United States that was declared by the President to be 
     affected by a specified hurricane disaster; and
       (2) is required, under section 265 of the Immigration and 
     Nationality Act (8 U.S.C. 1305) or any other provision of 
     law, to notify the Secretary in writing of a change of 
     address.

     SEC. 525. FOREIGN STUDENTS AND EXCHANGE PROGRAM PARTICIPANTS.

       (a) In General.--The nonimmigrant status of an alien 
     described in subsection (b) shall be deemed to have been 
     maintained during the period beginning on August 26, 2005, 
     and ending on September 15, 2006, if, on September 15, 2006, 
     the alien is enrolled in a course of study, or participating 
     in a designated exchange visitor program, sufficient to 
     satisfy the terms and conditions of the alien's nonimmigrant 
     status on August 26, 2005.
       (b) Aliens Described.--An alien is described in this 
     subsection if the alien--
       (1) was, on August 26, 2005, lawfully present in the United 
     States in the status of a nonimmigrant described in 
     subparagraph (F), (J), or (M) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15)); and
       (2) fails to satisfy a term or condition of such status as 
     a direct result of a specified hurricane disaster.
                                 ______
                                 
  SA 4153. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. VOTER VERIFIED BALLOTS.

       (a) Verification.--
       (1) In general.--Section 301(a) of the Help America Vote 
     Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the 
     end the following new paragraph:
       ``(7) Voter verified ballots.--In order to meet the 
     requirements of paragraph (1)(A)(i), on and after January 1, 
     2009:
       ``(A) The voting system shall provide an independent means 
     of voter verification which meets the requirements of 
     subparagraph (B) and which allows each voter to verify the 
     ballot before it is cast and counted.
       ``(B) A means of voter verification meets the requirements 
     of this subparagraph if the voting system allows the voter to 
     choose from one of the following options to verify the 
     voter's vote selection:
       ``(i) A paper record.
       ``(ii) An audio record.
       ``(iii) A pictorial record.
       ``(iv) An electronic record or other means that provides 
     for voter verification that is accessible for individuals 
     with disabilities, including nonvisual accessibility for the 
     blind and visually impaired, in a manner that provides 
     privacy and independence equal to that provided for other 
     voters.
       ``(C) Any means of verification described in clause (ii), 
     (iii), or (iv) of subparagraph (B) must provide verification 
     which is equal or superior to verification through the use of 
     a paper record.
       ``(D) The requirements of this paragraph shall not apply to 
     any voting system purchased before January 1, 2009, in order 
     to meet the requirements of paragraph (3)(B).''.
       (2) Conforming amendment.--Clause (i) of section 
     301(a)(1)(A) of the Help America Vote Act of 2002 (42 U.S.C. 
     15481(a)(1)(A)(i)) is amended by inserting ``and consistent 
     with the requirements of paragraphs (2), (4), and (7)'' after 
     ``independent manner''.
       (b) Guidance.--
       (1) In general.--Title II of the Help America Vote Act of 
     2002 (42 U.S.C. 15321 et seq.) is amended by adding at the 
     end the following new subtitle:

                  ``Subtitle E--Guidance and Standards

     ``SEC. 297. VOTER VERIFIED BALLOTS.

       ``The Commission shall issue uniform and nondiscriminatory 
     standards--
       ``(1) for voter verified ballots required under section 
     301(a)(7); and
       ``(2) for meeting the audit requirements of section 
     301(a)(2).''.
       (2) Conforming amendment.--Section 202 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15322) is amended by 
     redesignating paragraphs (5) and (6) as paragraphs (6) and 
     (7), respectively, and by inserting after paragraph (4) the 
     following new paragraph:
       ``(5) carrying out the duties described in subtitle E;''.
       (3) Rulemaking authority.--Section 209 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15239) is amended--
       (A) by striking ``The Commission'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     the Commission'', and
       (B) by inserting at the end the following new subsection:
       ``(b) Exception.--On and after January 1, 2009, subsection 
     (a) shall not apply to any authority granted under subtitle E 
     of this title.''.
       (c) Reports.--
       (1) Election assistance commission.--Section 207 of the 
     Help America Vote Act of 2002 (42 U.S.C. 15327) is amended by 
     redesignating paragraph (5) as paragraph (6) and by inserting 
     after paragraph (4) the following new paragraph:
       ``(5) A description of the progress on implementing the 
     voter verified ballot requirements of section 301(a)(7) and 
     the impact of the use of such requirements on the 
     accessibility, privacy, security, usability, and auditability 
     of voting systems.''.
       (2) State reports.--Section 258 of the Help America Vote 
     Act of 2002 (42 U.S.C. 15408) is amended by striking ``and'' 
     at the end of paragraph (2), by striking the period at the 
     end of paragraph (3) and inserting ``; and'', and by adding 
     at the end the following new paragraph:
       ``(4) an analysis and description in the form and manner 
     prescribed by the Commission of the progress on implementing 
     the voter verified ballot requirements of section 
     301(a)(7).''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2009.
                                 ______
                                 
  SA 4154. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS.

       (a) In General.--Section 302 of the Help America Vote Act 
     of 2002 (42 U.S.C. 15482) is amended by redesignating 
     subsection (d) as subsection (e) and by inserting after 
     subsection (c) the following new subsection:
       ``(d) Statewide Counting of Provisional Ballots.--For 
     purposes of subsection (a)(4), notwithstanding at which 
     polling place a provisional ballot is cast within the State, 
     the State shall count such ballot if the individual who cast 
     such ballot is otherwise eligible to vote.''.
       (b) Effective Date.--
       (1) In general.--Subsection (e) of section 302 of the Help 
     America Vote Act of 2002 (42 U.S.C. 15482(e)), as 
     redesignated under subsection (a), is amended by adding at 
     the end the following:
       ``(2) Effective date for statewide counting of provisional 
     ballots.--Each State shall be required to comply with the 
     requirements of subsection (d) on and after January 1, 
     2007.''.
       (2) Conforming amendment.--Subsection (e) of section 302 of 
     the Help America Vote Act of 2002 (42 U.S.C. 15482(e)), as 
     redesignated under subsection (a), is amended by striking 
     ``Each'' and inserting the following:
       ``(1) In general.--Except as provided in paragraph (2), 
     each''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2007.
                                 ______
                                 
  SA 4155. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. IMPARTIAL ADMINISTRATION OF ELECTIONS.

       (a) In General.--Title III of the Help America Vote Act of 
     2002 (42 U.S.C. 15481 et seq.) is amended by redesignating 
     sections 304 and 305 as sections 305 and 306, respectively, 
     and by inserting after section 303 the following new section:

     ``SEC. 304. ELECTION ADMINISTRATION REQUIREMENTS.

       ``(a) Notice of Changes in State Election Laws.--Not later 
     than 15 days prior to any Federal election, each State shall 
     issue a public notice describing all changes in State law 
     affecting the administration of Federal elections since the 
     most recent prior election.
       ``(b) Observers.--
       ``(1) In general.--Each State shall allow uniform and 
     nondiscriminatory access to any polling place for purposes of 
     observing a Federal election to--
       ``(A) party challengers;
       ``(B) voting rights and civil rights organizations; and
       ``(C) nonpartisan domestic observers and international 
     observers.
       ``(2) Notice of denial of observation request.--Each State 
     shall issue a public notice with respect to any denial of a 
     request by any observer described in paragraph (1) for access 
     to any polling place for purposes of observing a Federal 
     election. Such notice

[[Page S4999]]

     shall be issued not later than 24 hours after such denial.
       ``(c) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     January 1, 2009.''.
       (b) Conforming Amendment.--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''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2009.
                                 ______
                                 
  SA 4156. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. VOTER REGISTRATION.

       (a) In General.--Paragraph (4) of section 303(b) of the 
     Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)) is 
     amended by adding at the end the following new subparagraph:
       ``(C) Exception.--On and after January 1, 2009--
       ``(i) in lieu of the questions and statements required 
     under subparagraph (A), such mail voter registration form 
     shall include an affidavit to be signed by the registrant 
     attesting both to citizenship and age; and
       ``(ii) subparagraph (B) shall not apply.''.
       (b) Internet Registration.--
       (1) In general.--Title III of the Help America Vote Act of 
     2002 (42 U.S.C. 15481 et seq.) is amended by redesignating 
     sections 304 and 305 as sections 305 and 306, respectively, 
     and by inserting after section 303 the following new section:

     ``SEC. 304. INTERNET REGISTRATION.

       ``(a) Internet Registration.--Each State shall establish a 
     program under which individuals may access and submit voter 
     registration forms electronically through the Internet.
       ``(b) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     January 1, 2009.''.
       (2) Conforming amendment.--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''.
       (c) Standards for Internet Registration.--
       (1) In general.--Title II of the Help America Vote Act of 
     2002 (42 U.S.C. 15321 et seq.) is amended by adding at the 
     end the following new subtitle:

                  ``Subtitle E--Guidance and Standards

     ``SEC. 297. STANDARDS FOR INTERNET REGISTRATION PROGRAMS.

       ``The Commission shall establish standards regarding the 
     design and operation of programs which allow electronic voter 
     registration through the Internet.''.
       (2) Conforming amendment.--Section 202 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15322) is amended by 
     redesignating paragraphs (5) and (6) as paragraphs (6) and 
     (7), respectively, and by inserting after paragraph (4) the 
     following new paragraph:
       ``(5) carrying out the duties described in subtitle E;''.
       (3) Rulemaking authority.--Section 209 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15239) is amended--
       (A) by striking ``The Commission'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     the Commission'', and
       (B) by inserting at the end the following new subsection:
       ``(b) Exception.--On and after January 1, 2009, subsection 
     (a) shall not apply to any authority granted under subtitle E 
     of this title or section 304.''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2009.
                                 ______
                                 
  SA 4157. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. ESTABLISHING VOTER IDENTIFICATION.

       (a) In General.--
       (1) In person voting.--Clause (i) of section 303(b)(2)(A) 
     of the Help America Vote Act of 2002 (42 U.S.C. 
     15483(b)(2)(A)(i)) is amended by striking ``or'' at the end 
     of subclause (I) and by adding at the end the following new 
     subclause:

       ``(III) executes a written affidavit attesting to such 
     individual's identity; or''.

       (2) Voting by mail.--Clause (ii) of section 303(b)(2)(A) of 
     the Help America Vote Act of 2002 (42 U.S.C. 
     15483(b)(2)(A)(ii)) is amended by striking ``or'' at the end 
     of subclause (I), by striking the period at the end of 
     subclause (II) and inserting ``; or'', and by adding at the 
     end the following new subclause:

       ``(III) a written affidavit, executed by such individual, 
     attesting to such individual's identity.''.

       (b) Standards for Verifying Voter Information.--
       (1) In general.--Title II of the Help America Vote Act of 
     2002 (42 U.S.C. 15321 et seq.) is amended by adding at the 
     end the following new subtitle:

                  ``Subtitle E--Guidance and Standards

     ``SEC. 297. VOTER IDENTIFICATION.

       ``The Commission shall develop standards for verifying the 
     identification information required under section 303(a)(5) 
     in connection with the registration of an individual to vote 
     in a Federal election.''.
       (2) Conforming amendment.--Section 202 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15322) is amended by 
     redesignating paragraphs (5) and (6) as paragraphs (6) and 
     (7), respectively, and by inserting after paragraph (4) the 
     following new paragraph:
       ``(5) carrying out the duties described in subtitle E;''.
       (3) Rulemaking authority.--Section 209 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15239) is amended--
       (A) by striking ``The Commission'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     the Commission'', and
       (B) by inserting at the end the following new subsection:
       ``(b) Exception.--On and after January 1, 2009, subsection 
     (a) shall not apply to any authority granted under subtitle E 
     of this title.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2009.
                                 ______
                                 
  SA 4158. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. INTEGRITY OF VOTER REGISTRATION LIST.

       (a) In General.--Title III of the Help America Vote Act of 
     2002 (42 U.S.C. 15481 et seq.) is amended by redesignating 
     sections 304 and 305 as sections 305 and 306, respectively, 
     and by inserting after section 303 the following new section:

     ``SEC. 304. REMOVAL FROM VOTER REGISTRATION LIST.

       ``(a) Public Notice.--Not later than 45 days before any 
     Federal election, each State shall provide public notice of 
     all names which have been removed from the voter registration 
     list of such State under section 303 since the later of the 
     most recent election for Federal office or the day of the 
     most recent previous public notice provided under this 
     section.
       ``(b) Notice to Individual Voters.--
       ``(1) In general.--No individual shall be removed from the 
     voter registration list under section 303 unless such 
     individual is first provided with a notice which meets the 
     requirements of paragraph (2).
       ``(2) Requirements of notice.--The notice required under 
     paragraph (1) shall be--
       ``(A) provided to each voter in a uniform and 
     nondiscriminatory manner;
       ``(B) consistent with the requirements of the National 
     Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.); 
     and
       ``(C) in the form and manner prescribed by the Election 
     Assistance Commission.
       ``(c) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     January 1, 2009.''.
       (b) Conforming Amendment.--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''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2009.
                                 ______
                                 
  SA 4159. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. ELECTION DAY REGISTRATION.

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

     ``SEC. 304. ELECTION DAY REGISTRATION.

       ``(a) In General.--
       ``(1) Registration.--Notwithstanding section 8(a)(1)(D) of 
     the National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg-6), each State shall permit any individual on the day 
     of a Federal election--
       ``(A) to register to vote in such election at the polling 
     place using the form established by the Election Assistance 
     Commission pursuant to section 297; and
       ``(B) to cast a vote in such election.
       ``(2) Exception.--The requirements under paragraph (1) 
     shall not apply to a State in which, under a State law in 
     effect continuously on and after the date of the enactment of 
     this section, there is no voter registration requirement for 
     individuals in the State with respect to elections for 
     Federal office.
       ``(b) Effective Date.--Each State shall be required to 
     comply with the requirements of subsection (a) on and after 
     January 1, 2009.''.
       (2) Conforming amendment.--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) Election Day Registration Form.--
       (1) In general.--Title II of the Help America Vote Act of 
     2002 (42 U.S.C. 15321 et seq.)

[[Page S5000]]

     is amended by adding at the end the following new subtitle:

                  ``Subtitle E--Guidance and Standards

     ``SEC. 297. ELECTION DAY REGISTRATION FORM.

       ``The Commission shall develop an election day registration 
     form for elections for Federal office.''.
       (2) Conforming amendment.--Section 202 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15322) is amended by 
     redesignating paragraphs (5) and (6) as paragraphs (6) and 
     (7), respectively, and by inserting after paragraph (4) the 
     following new paragraph:
       ``(5) carrying out the duties described in subtitle E;''.
       (3) Rulemaking authority.--Section 209 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15239) is amended--
       (A) by striking ``The Commission'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     the Commission'', and
       (B) by inserting at the end the following new subsection:
       ``(b) Exception.--On and after January 1, 2009, subsection 
     (a) shall not apply to any authority granted under subtitle E 
     of this title or section 304.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2009.
                                 ______
                                 
  SA 4160. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. EARLY VOTING.

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

     ``SEC. 304. EARLY VOTING.

       ``(a) In General.--Each State shall allow individuals to 
     vote in an election for Federal office not less than 15 days 
     prior to the day scheduled for such election in the same 
     manner as voting is allowed on such day.
       ``(b) Minimum Early Voting Requirements.--Each polling 
     place which allows voting prior to the day of a Federal 
     election pursuant to subsection (a) shall--
       ``(1) allow such voting for no less than 4 hours on each 
     day (other than Sunday); and
       ``(2) have uniform hours each day for which such voting 
     occurs.
       ``(c) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     January 1, 2009.''.
       (2) Conforming amendment.--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) Standards for Early Voting.--
       (1) In general.--Title II of the Help America Vote Act of 
     2002 (42 U.S.C. 15321 et seq.) is amended by adding at the 
     end the following new subtitle:

                  ``Subtitle E--Guidance and Standards

     ``SEC. 297. STANDARDS FOR EARLY VOTING.

       ``(a) In General.--The Commission shall issue standards for 
     the administration of voting prior to the day scheduled for a 
     Federal election. Such standards shall include the 
     nondiscriminatory geographic placement of polling places at 
     which such voting occurs.
       ``(b) Deviation.--The standards described in subsection (a) 
     shall permit States, upon providing adequate public notice, 
     to deviate from any requirement in the case of unforseen 
     circumstances such as a natural disaster, terrorist attack, 
     or a change in voter turnout.''.
       (2) Conforming amendment.--Section 202 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15322) is amended by 
     redesignating paragraphs (5) and (6) as paragraphs (6) and 
     (7), respectively, and by inserting after paragraph (4) the 
     following new paragraph:
       ``(5) carrying out the duties described in subtitle E;''.
       (3) Rulemaking authority.--Section 209 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15239) is amended--
       (A) by striking ``The Commission'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     the Commission'', and
       (B) by inserting at the end the following new subsection:
       ``(b) Exception.--On and after January 1, 2009, subsection 
     (a) shall not apply to any authority granted under subtitle E 
     of this title or section 304.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2009.
                                 ______
                                 
  SA 4161. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS IN 
                   POLLING PLACES.

       (a) Minimum Required Voting Systems and Poll Workers.--
       (1) In general.--Title III of the Help America Vote Act of 
     2002 (42 U.S.C. 15481 et seq.) is amended by redesignating 
     sections 304 and 305 as sections 305 and 306, respectively, 
     and by inserting after section 303 the following new section:

     ``SEC. 304. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS.

       ``(a) In General.--Each State shall provide for the minimum 
     required number of voting systems and poll workers for each 
     polling place on the day of any Federal election and on any 
     days during which such State allows early voting for a 
     Federal election in accordance with the standards determined 
     under section 297.
       ``(b) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     January 1, 2009.''.
       (2) Conforming amendment.--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) Standards.--
       (1) In general.--Title II of the Help America Vote Act of 
     2002 (42 U.S.C. 15321 et seq.) is amended by adding at the 
     end the following new subtitle:

                  ``Subtitle E--Guidance and Standards

     ``SEC. 297. STANDARDS FOR ESTABLISHING THE MINIMUM REQUIRED 
                   VOTING SYSTEMS AND POLL WORKERS.

       ``(a) In General.--The Commission shall issue standards 
     regarding the minimum number of voting systems and poll 
     workers required in each polling place on the day of any 
     Federal election and on any days during which early voting is 
     allowed for a Federal election.
       ``(b) Distribution.--The standards described in subsection 
     (a) shall provide for a uniform and nondiscriminatory 
     geographic distribution of such systems and workers.
       ``(c) Deviation.--The standards described in subsection (a) 
     shall permit States, upon providing adequate public notice, 
     to deviate from any allocation requirements in the case of 
     unforseen circumstances such as a natural disaster, terrorist 
     attack, or a change in voter turnout.''.
       (2) Conforming amendment.--Section 202 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15322) is amended by 
     redesignating paragraphs (5) and (6) as paragraphs (6) and 
     (7), respectively, and by inserting after paragraph (4) the 
     following new paragraph:
       ``(5) carrying out the duties described in subtitle E;''.
       (3) Rulemaking authority.--Section 209 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15239) is amended--
       (A) by striking ``The Commission'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     the Commission'', and
       (B) by inserting at the end the following new subsection:
       ``(b) Exception.--On and after January 1, 2009, subsection 
     (a) shall not apply to any authority granted under subtitle E 
     of this title or section 304.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2009.
                                 ______
                                 
  SA 4162. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

       (a) In General.--
       (1) In general.--Title III of the Help America Vote Act of 
     2002 (42 U.S.C. 15481 et seq.) is amended by redesignating 
     sections 304 and 305 as sections 305 and 306, respectively, 
     and by inserting after section 303 the following new section:

     ``SEC. 304. USE OF NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

       ``(a) In General.--Any person who is otherwise qualified to 
     vote in a Federal election in a State shall be permitted to 
     use the national Federal write-in absentee ballot prescribed 
     by the Election Assistance Commission under section 297 to 
     cast a vote in an election for Federal office.
       ``(b) Submission and Processing.--
       ``(1) In general.--Except as otherwise provided in this 
     section, a national Federal write-in absentee ballot shall be 
     submitted and processed in the manner provided by law for 
     absentee ballots in the State involved.
       ``(2) Deadline.--An otherwise eligible national Federal 
     write-in absentee ballot shall be counted if postmarked or 
     signed before the close of the polls on election day and 
     received by the appropriate State election official on or 
     before the date which is 10 days after the date of the 
     election or the date provided for receipt of absentee ballots 
     under State law, whichever is later.
       ``(c) Special Rules.--The following rules shall apply with 
     respect to national Federal write-in absentee ballots:
       ``(1) In completing the ballot, the voter may designate a 
     candidate by writing in the name of the candidate or by 
     writing in the name of a political party (in which case the 
     ballot shall be counted for the candidate of that political 
     party).
       ``(2) In the case of the offices of President and Vice 
     President, a vote for a named candidate or a vote by writing 
     in the name of a political party shall be counted as a vote 
     for the electors supporting the candidate involved.

[[Page S5001]]

       ``(3) Any abbreviation, misspelling, or other minor 
     variation in the form of the name of a candidate or a 
     political party shall be disregarded in determining the 
     validity of the ballot.
       ``(d) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     January 1, 2009.''.
       (2) Conforming amendment.--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) National Federal Write-in Absentee Ballot.--
       (1) In general.--Title II of the Help America Vote Act of 
     2002 (42 U.S.C. 15321 et seq.) is amended by adding at the 
     end the following new subtitle:

                  ``Subtitle E--Guidance and Standards

     ``SEC. 297. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

       ``(a) Form of Ballot.--The Commission shall prescribe a 
     national Federal write-in absentee ballot (including a 
     secrecy envelope and mailing envelope for such ballot) for 
     use in elections for Federal office.
       ``(b) Standards.--The Commission shall prescribe standards 
     for--
       ``(1) distributing the national Federal write-in absentee 
     ballot, including standards for distributing such ballot 
     through the Internet; and
       ``(2) processing and submission of the national Federal 
     write-in absentee ballot.''.
       (2) Conforming amendment.--Section 202 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15322) is amended by 
     redesignating paragraphs (5) and (6) as paragraphs (6) and 
     (7), respectively, and by inserting after paragraph (4) the 
     following new paragraph:
       ``(5) carrying out the duties described in subtitle E;''.
       (3) Rulemaking authority.--Section 209 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15239) is amended--
       (A) by striking ``The Commission'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     the Commission'', and
       (B) by inserting at the end the following new subsection:
       ``(b) Exception.--On and after January 1, 2009, subsection 
     (a) shall not apply to any authority granted under subtitle E 
     of this title or section 304.''.
       (c) Coordination With Uniformed and Overseas Citizens 
     Absentee Voting Act.--
       (1) In general.--The Presidential designee under the 
     Uniformed and Overseas Citizens Absentee Voting Act, in 
     consultation with the Election Assistance Commission, shall 
     facilitate the use and return of the national Federal write-
     in ballot for absent uniformed services voters and overseas 
     voters.
       (2) Definitions.--For purposes of this subsection, the 
     terms ``absent uniformed service voter'' and ``overseas 
     voter'' shall have the meanings given such terms by section 
     107 of the Uniformed and Overseas Citizens Absentee Voting 
     Act (42 U.S.C. 1973gg-6).
       (d) Effective Date.--The amendments made by this section 
     shall take effect on January 1, 2009.
                                 ______
                                 
  SA 4163. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of the bill, add the following:

        TITLE __--VOTING OPPORTUNITY AND TECHNOLOGY ENHANCEMENT

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Voting Opportunity and 
     Technology Enhancement Rights Act of 2006''.

     SEC. __02. FINDINGS AND PURPOSES.

       (a) Findings.--Congress makes the following findings:
       (1) The right of all eligible citizens to vote and have 
     their vote counted is the cornerstone of a democratic form of 
     government and the core precondition of government of the 
     people, by the people, and for the people.
       (2) The right of citizens of the United States to vote is a 
     fundamental civil right guaranteed under the United States 
     Constitution.
       (3) Congress has an obligation to reaffirm the right of 
     each American to have an equal opportunity to vote and have 
     that vote counted in Federal elections, regardless of color, 
     ethnicity, disability, language, or the resources of the 
     community in which they live.
       (4) Congress has an obligation to ensure the uniform and 
     nondiscriminatory exercise of that right by removing barriers 
     in the form of election administration procedures and 
     technology and insufficient and unequal resources of State 
     and local governments.
       (b) Purposes.--The purposes of this title are as follows:
       (1) To secure the opportunity to participate in democracy 
     for all eligible American citizens by establishing a national 
     Federal write-in absentee ballot for Federal elections.
       (2) To expand and establish uniform and nondiscriminatory 
     requirements and standards to remove administrative 
     procedural barriers and technological obstacles to casting a 
     vote and having that vote counted in Federal elections.
       (3) To expand and establish uniform and nondiscriminatory 
     requirements and standards to provide for the accessibility, 
     accuracy, verifiability, privacy, and security of all voting 
     systems and technology used in Federal elections.
       (4) To provide a Federal funding mechanism for the States 
     to implement the requirements and standards to preserve and 
     protect voting rights and the integrity of Federal elections 
     in the United States.

     SEC. __03. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

       (a) In General.--
       (1) In general.--Title III of the Help America Vote Act of 
     2002 (42 U.S.C. 15481 et seq.) is amended by adding at the 
     end the following new subtitle:

                 ``Subtitle C--Additional Requirements

     ``SEC. 321. USE OF NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

       ``(a) In General.--Any person who is otherwise qualified to 
     vote in a Federal election in a State shall be permitted to 
     use the national Federal write-in absentee ballot prescribed 
     by the Election Assistance Commission under section 298 to 
     cast a vote in an election for Federal office.
       ``(b) Submission and Processing.--
       ``(1) In general.--Except as otherwise provided in this 
     section, a national Federal write-in absentee ballot shall be 
     submitted and processed in the manner provided by law for 
     absentee ballots in the State involved.
       ``(2) Deadline.--An otherwise eligible national Federal 
     write-in absentee ballot shall be counted if postmarked or 
     signed before the close of the polls on election day and 
     received by the appropriate State election official on or 
     before the date which is 10 days after the date of the 
     election or the date provided for receipt of absentee ballots 
     under State law, whichever is later.
       ``(c) Special Rules.--The following rules shall apply with 
     respect to national Federal write-in absentee ballots:
       ``(1) In completing the ballot, the voter may designate a 
     candidate by writing in the name of the candidate or by 
     writing in the name of a political party (in which case the 
     ballot shall be counted for the candidate of that political 
     party).
       ``(2) In the case of the offices of President and Vice 
     President, a vote for a named candidate or a vote by writing 
     in the name of a political party shall be counted as a vote 
     for the electors supporting the candidate involved.
       ``(3) Any abbreviation, misspelling, or other minor 
     variation in the form of the name of a candidate or a 
     political party shall be disregarded in determining the 
     validity of the ballot.
       ``(d) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     January 1, 2009.''.
       (2) Conforming amendment.--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 subtitle C''.
       (b) National Federal Write-in Absentee Ballot.--
       (1) In general.--Title II of the Help America Vote Act of 
     2002 (42 U.S.C. 15321 et seq.) is amended by adding at the 
     end the following new subtitle:

                  ``Subtitle E--Guidance and Standards

     ``SEC. 297. NATIONAL FEDERAL WRITE-IN ABSENTEE BALLOT.

       ``(a) Form of Ballot.--The Commission shall prescribe a 
     national Federal write-in absentee ballot (including a 
     secrecy envelope and mailing envelope for such ballot) for 
     use in elections for Federal office.
       ``(b) Standards.--The Commission shall prescribe standards 
     for--
       ``(1) distributing the national Federal write-in absentee 
     ballot, including standards for distributing such ballot 
     through the Internet; and
       ``(2) processing and submission of the national Federal 
     write-in absentee ballot.''.
       (2) Conforming amendment.--Section 202 of the Help America 
     Vote Act of 2002 (42 U.S.C. 15322) is amended by 
     redesignating paragraphs (5) and (6) as paragraphs (6) and 
     (7), respectively, and by inserting after paragraph (4) the 
     following new paragraph:
       ``(5) carrying out the duties described in subtitle E.''.
       (c) Coordination With Uniformed and Overseas Citizens 
     Absentee Voting Act.--
       (1) In general.--The Presidential designee under the 
     Uniformed and Overseas Absentee Voting Act, in consultation 
     with the Election Assistance Commission, shall facilitate the 
     use and return of the national Federal write-in ballot for 
     absent uniformed services voters and overseas voters.
       (2) Definitions.--The terms ``absent uniformed service 
     voter'' and ``overseas voter'' shall have the meanings given 
     such terms by section 107 of the Uniformed and Overseas 
     Citizens Absentee Voting Act (42 U.S.C. 1973gg-6).

     SEC. __04. VOTER VERIFIED BALLOTS.

       (a) Verification.--
       (1) In general.--Section 301(a) of the Help America Vote 
     Act of 2002 (42 U.S.C. 15481(a)) is amended by adding at the 
     end the following new paragraph:
       ``(7) Voter verified ballots.--In order to meet the 
     requirements of paragraph (1)(A)(i), on and after January 1, 
     2009:
       ``(A) The voting system shall provide an independent means 
     of voter verification which meets the requirements of 
     subparagraph (B) and which allows each voter to

[[Page S5002]]

     verify the ballot before it is cast and counted.
       ``(B) A means of voter verification meets the requirements 
     of this subparagraph if the voting system allows the voter to 
     choose from one of the following options to verify the 
     voter's vote selection:
       ``(i) A paper record.
       ``(ii) An audio record.
       ``(iii) A pictorial record.
       ``(iv) An electronic record or other means that provides 
     for voter verification that is accessible for individuals 
     with disabilities, including nonvisual accessibility for the 
     blind and visually impaired, in a manner that provides 
     privacy and independence equal to that provided for other 
     voters.
       ``(C) Any means of verification described in clause (ii), 
     (iii), or (iv) of subparagraph (B) must provide verification 
     which is equal or superior to verification through the use of 
     a paper record.
       ``(D) The requirements of this paragraph shall not apply to 
     any voting system purchased before January 1, 2009, in order 
     to meet the requirements of paragraph (3)(B).''.
       (2) Conforming amendment.--Clause (i) of section 
     301(a)(1)(A) of the Help America Vote Act of 2002 (42 U.S.C. 
     15481(a)(1)(A)(i)) is amended by inserting ``and consistent 
     with the requirements of paragraphs (2), (4), and (7)'' after 
     ``independent manner''.
       (b) Guidance.--Subtitle E of title II of the Help America 
     Vote Act of 2002, as added by this Act, is amended by adding 
     at the end the following new section:

     ``SEC. 298. VOTER VERIFIED BALLOTS.

       ``The Commission shall issue uniform and nondiscriminatory 
     standards--
       ``(1) for voter verified ballots required under section 
     301(a)(7); and
       ``(2) for meeting the audit requirements of section 
     301(a)(2).''.
       (c) Reports.--
       (1) Election assistance commission.--Section 207 of the 
     Help America Vote Act of 2002 (42 U.S.C. 15327) is amended by 
     redesignating paragraph (5) as paragraph (6) and by inserting 
     after paragraph (4) the following new paragraph:
       ``(5) A description of the progress on implementing the 
     voter verified ballot requirements of section 301(a)(7) and 
     the impact of the use of such requirements on the 
     accessibility, privacy, security, usability, and auditability 
     of voting systems.''.
       (2) State reports.--Section 258 of the Help America Vote 
     Act of 2002 (42 U.S.C. 15408) is amended by striking ``and'' 
     at the end of paragraph (2), by striking the period at the 
     end of paragraph (3) and inserting ``; and'', and by adding 
     at the end the following new paragraph:
       ``(4) an analysis and description in the form and manner 
     prescribed by the Commission of the progress on implementing 
     the voter verified ballot requirements of section 
     301(a)(7).''.

     SEC. __05. REQUIREMENTS FOR COUNTING PROVISIONAL BALLOTS.

       (a) In General.--Section 302 of the Help America Vote Act 
     of 2002 (42 U.S.C. 15482) is amended by redesignating 
     subsection (d) as subsection (e) and by inserting after 
     subsection (c) the following new subsection:
       ``(d) Statewide Counting of Provisional Ballots.--For 
     purposes of subsection (a)(4), notwithstanding at which 
     polling place a provisional ballot is cast within the State, 
     the State shall count such ballot if the individual who cast 
     such ballot is otherwise eligible to vote.''.
       (b) Effective Date.--
       (1) In general.--Subsection (e) of section 302 of the Help 
     America Vote Act of 2002 (42 U.S.C. 15482(e)), as 
     redesignated under subsection (a), is amended by adding at 
     the end the following:
       ``(2) Effective date for statewide counting of provisional 
     ballots.--Each State shall be required to comply with the 
     requirements of subsection (d) on and after January 1, 
     2007.''.
       (2) Conforming amendment.--Subsection (e) of section 302 of 
     the Help America Vote Act of 2002 (42 U.S.C. 15482(e)), as 
     redesignated under subsection (a), is amended by striking 
     ``Each'' and inserting the following:
       ``(1) In general.--Except as provided in paragraph (2), 
     each''.

     SEC. __06. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS 
                   IN POLLING PLACES.

       (a) In General.--Subtitle C of title III of the Help 
     America Vote Act of 2002, as added by this Act, is amended by 
     adding at the end the following new section:

     ``SEC. 322. MINIMUM REQUIRED VOTING SYSTEMS AND POLL WORKERS.

       ``(a) In General.--Each State shall provide for the minimum 
     required number of voting systems and poll workers for each 
     polling place on the day of any Federal election and on any 
     days during which such State allows early voting for a 
     Federal election in accordance with the standards determined 
     under section 299A.
       ``(b) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     January 1, 2009.''.
       (b) Standards.--Subtitle E of the Help America Vote Act of 
     2002, as added and amended by this Act, is amended by adding 
     at the end the following new section:

     ``SEC. 299. STANDARDS FOR ESTABLISHING THE MINIMUM REQUIRED 
                   VOTING SYSTEMS AND POLL WORKERS.

       ``(a) In General.--The Commission shall issue standards 
     regarding the minimum number of voting systems and poll 
     workers required in each polling place on the day of any 
     Federal election and on any days during which early voting is 
     allowed for a Federal election.
       ``(b) Distribution.--The standards described in subsection 
     (a) shall provide for a uniform and nondiscriminatory 
     geographic distribution of such systems and workers.
       ``(c) Deviation.--The standards described in subsection (a) 
     shall permit States, upon providing adequate public notice, 
     to deviate from any allocation requirements in the case of 
     unforseen circumstances such as a natural disaster, terrorist 
     attack, or a change in voter turnout.''.

     SEC. __07. ELECTION DAY REGISTRATION.

       (a) Requirement.--Subtitle C of title III of the Help 
     America Vote Act of 2002, as added and amended by this Act, 
     is amended by adding at the end the following new section:

     ``SEC. 323. ELECTION DAY REGISTRATION.

       ``(a) In General.--
       ``(1) Registration.--Notwithstanding section 8(a)(1)(D) of 
     the National Voter Registration Act of 1993 (42 U.S.C. 
     1973gg-6), each State shall permit any individual on the day 
     of a Federal election--
       ``(A) to register to vote in such election at the polling 
     place using the form established by the Election Assistance 
     Commission pursuant to section 297; and
       ``(B) to cast a vote in such election.
       ``(2) Exception.--The requirements under paragraph (1) 
     shall not apply to a State in which, under a State law in 
     effect continuously on and after the date of the enactment of 
     this section, there is no voter registration requirement for 
     individuals in the State with respect to elections for 
     Federal office.
       ``(b) Effective Date.--Each State shall be required to 
     comply with the requirements of subsection (a) on and after 
     January 1, 2009.''.
       (b) Election Day Registration Form.--Subtitle E of title II 
     of the Help America Vote Act of 2002, as added and amended by 
     this Act, is amended by adding at the end the following new 
     section:

     ``SEC. 299A. ELECTION DAY REGISTRATION FORM.

       ``The Commission shall develop an election day registration 
     form for elections for Federal office.''.

     SEC. __08. INTEGRITY OF VOTER REGISTRATION LIST.

       Subtitle C of title III of the Help America Vote Act of 
     2002, as added and amended by this Act, is amended by adding 
     at the end the following new section:

     ``SEC. 324. REMOVAL FROM VOTER REGISTRATION LIST.

       ``(a) Public Notice.--Not later than 45 days before any 
     Federal election, each State shall provide public notice of 
     all names which have been removed from the voter registration 
     list of such State under section 303 since the later of the 
     most recent election for Federal office or the day of the 
     most recent previous public notice provided under this 
     section.
       ``(b) Notice to Individual Voters.--
       ``(1) In general.--No individual shall be removed from the 
     voter registration list under section 303 unless such 
     individual is first provided with a notice which meets the 
     requirements of paragraph (2).
       ``(2) Requirements of notice.--The notice required under 
     paragraph (1) shall be--
       ``(A) provided to each voter in a uniform and 
     nondiscriminatory manner;
       ``(B) consistent with the requirements of the National 
     Voter Registration Act of 1993 (42 U.S.C. 1973gg et seq.); 
     and
       ``(C) in the form and manner prescribed by the Election 
     Assistance Commission.
       ``(c) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     January 1, 2009.''.

     SEC. __09. EARLY VOTING.

       (a) In General.--Subtitle C of title III of the Help 
     America Vote Act of 2002, as added and amended by this Act, 
     is amended by adding at the end the following new section:

     ``SEC. 325. EARLY VOTING.

       ``(a) In General.--Each State shall allow individuals to 
     vote in an election for Federal office not less than 15 days 
     prior to the day scheduled for such election in the same 
     manner as voting is allowed on such day.
       ``(b) Minimum Early Voting Requirements.--Each polling 
     place which allows voting prior to the day of a Federal 
     election pursuant to subsection (a) shall--
       ``(1) allow such voting for no less than 4 hours on each 
     day (other than Sunday); and
       ``(2) have uniform hours each day for which such voting 
     occurs.
       ``(c) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     January 1, 2009.''.
       (b) Standards for Early Voting.--Subtitle E of the Help 
     America Vote Act of 2002, as added and amended by this Act, 
     is amended by adding at the end the following new section:

     ``SEC. 299B. STANDARDS FOR EARLY VOTING.

       ``(a) In General.--The Commission shall issue standards for 
     the administration of voting prior to the day scheduled for a 
     Federal election. Such standards shall include the 
     nondiscriminatory geographic placement of polling places at 
     which such voting occurs.
       ``(b) Deviation.--The standards described in subsection (a) 
     shall permit States, upon providing adequate public notice, 
     to deviate from any requirement in the case of unforseen 
     circumstances such as a natural disaster, terrorist attack, 
     or a change in voter turnout.''.

     SEC. __10. ACCELERATION OF STUDY ON ELECTION DAY AS A PUBLIC 
                   HOLIDAY.

       (a) In General.--Section 241 of the Help America Vote Act 
     of 2002 (42 U.S.C. 15381) is

[[Page S5003]]

     amended by adding at the end the following new subsection:
       ``(d) Report on Election Day.--
       ``(1) In general.--The report required under subsection (a) 
     with respect to election administration issues described in 
     subsection (b)(10) shall be submitted not later than 6 months 
     after the date of the enactment of the Voting Enhancement and 
     Technology Accuracy Rights Act of 2006.
       ``(2) Authorization of appropriations.--Of the amount 
     authorized to be appropriated under section 210 for fiscal 
     year 2007, $100,000 shall be authorized solely to carry out 
     the purposes of this subsection.''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act.

     SEC. __11. IMPROVEMENTS TO VOTING SYSTEMS.

       (a) In General.--Subparagraph (B) of section 301(a)(1) of 
     the Help America Vote Act of 2002 (42 U.S.C. 15481(a)(1)(B)) 
     is amended by striking ``, a punch card voting system, or a 
     central count voting system''.
       (b) Clarification of Requirements for Punch Card Systems.--
     Subparagraph (A) of section 301(a)(1) of the Help America 
     Vote Act of 2002 (42 U.S.C. 15481(a)(1)(A)) is amended by 
     inserting ``punch card voting system,'' after ``any''.

     SEC. __12. VOTER REGISTRATION.

       (a) In General.--Paragraph (4) of section 303(b) of the 
     Help America Vote Act of 2002 (42 U.S.C. 15483(b)(4)) is 
     amended by adding at the end the following new subparagraph:
       ``(C) Exception.--On and after January 1, 2009--
       ``(i) in lieu of the questions and statements required 
     under subparagraph (A), such mail voter registration form 
     shall include an affidavit to be signed by the registrant 
     attesting both to citizenship and age; and
       ``(ii) subparagraph (B) shall not apply.''.
       (b) Internet Registration.--Subtitle C of title III of the 
     Help America Vote Act of 2002, as added and amended by this 
     Act, is amended by adding at the end the following new 
     section:

     ``SEC. 326. INTERNET REGISTRATION.

       ``(a) Internet Registration.--Each State shall establish a 
     program under which individuals may access and submit voter 
     registration forms electronically through the Internet.
       ``(b) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     January 1, 2009.''.
       (c) Standards for Internet Registration.--Subtitle E of the 
     Help America Vote Act of 2002, as added and amended by this 
     Act, is amended by adding at the end the following new 
     section:

     ``SEC. 299C. STANDARDS FOR INTERNET REGISTRATION PROGRAMS.

       ``The Commission shall establish standards regarding the 
     design and operation of programs which allow electronic voter 
     registration through the Internet.''.

     SEC. __13. ESTABLISHING VOTER IDENTIFICATION.

       (a) In General.--
       (1) In person voting.--Clause (i) of section 303(b)(2)(A) 
     of the Help America Vote Act of 2002 (42 U.S.C. 
     15483(b)(2)(A)(i)) is amended by striking ``or'' at the end 
     of subclause (I) and by adding at the end the following new 
     subclause:

       ``(III) executes a written affidavit attesting to such 
     individual's identity; or''.

       (2) Voting by mail.--Clause (ii) of section 303(b)(2)(A) of 
     the Help America Vote Act of 2002 (42 U.S.C. 
     15483(b)(2)(A)(ii)) is amended by striking ``or'' at the end 
     of subclause (I), by striking the period at the end of 
     subclause (II) and inserting ``; or'', and by adding at the 
     end the following new subclause:

       ``(III) a written affidavit, executed by such individual, 
     attesting to such individual's identity.''.

       (b) Standards for Verifying Voter Information.--Subtitle E 
     of the Help America Vote Act of 2002, as added and amended by 
     this Act, is amended by adding at the end the following new 
     section:

     ``SEC. 299D. VOTER IDENTIFICATION.

       ``The Commission shall develop standards for verifying the 
     identification information required under section 303(a)(5) 
     in connection with the registration of an individual to vote 
     in a Federal election.''.

     SEC. __14. IMPARTIAL ADMINISTRATION OF ELECTIONS.

       Subtitle C of title III of the Help America Vote Act of 
     2002, as added and amended by this Act, is amended by adding 
     at the end the following new section:

     ``SEC. 327. ELECTION ADMINISTRATION REQUIREMENTS.

       ``(a) Notice of Changes in State Election Laws.--Not later 
     than 15 days prior to any Federal election, each State shall 
     issue a public notice describing all changes in State law 
     affecting the administration of Federal elections since the 
     most recent prior election.
       ``(b) Observers.--
       ``(1) In general.--Each State shall allow uniform and 
     nondiscriminatory access to any polling place for purposes of 
     observing a Federal election to--
       ``(A) party challengers;
       ``(B) voting rights and civil rights organizations; and
       ``(C) nonpartisan domestic observers and international 
     observers.
       ``(2) Notice of denial of observation request.--Each State 
     shall issue a public notice with respect to any denial of a 
     request by any observer described in paragraph (1) for access 
     to any polling place for purposes of observing a Federal 
     election. Such notice shall be issued not later than 24 hours 
     after such denial.
       ``(c) Effective Date.--Each State shall be required to 
     comply with the requirements of this section on and after 
     January 1, 2009.''.

     SEC. __15. STRENGTHENING THE ELECTION ASSISTANCE COMMISSION.

       (a) Budget Requests.--Part 1 of subtitle A of title II of 
     the Help America Vote Act of 2002 (42 U.S.C. 15321 et seq.) 
     is amended by inserting after section 209 the following new 
     section:

     ``SEC. 209A. SUBMISSION OF BUDGET REQUESTS.

       ``Whenever the Commission submits any budget estimate or 
     request to the President or the Office of Management and 
     Budget, it shall concurrently transmit a copy of such 
     estimate or request to the Congress and to the Committee on 
     House Administration of the House of Representatives and the 
     Committee on Rules and Administration of the Senate.''.
       (b) Exemption From Paperwork Reduction Act.--Paragraph (1) 
     of section 3502 of title 44, United States Code, is amended 
     by redesignating subparagraphs (B), (C), and (D) as 
     subparagraphs (C), (D), and (E), respectively, and by 
     inserting after subparagraph (A) the following new 
     subparagraph:
       ``(B) the Election Assistance Commission;''.
       (c) Rulemaking.--Section 209 of the Help America Vote Act 
     of 2002 (42 U.S.C. 15239) is amended--
       (1) by striking ``The Commission'' and inserting the 
     following:
       ``(a) In General.--Except as provided in subsection (b), 
     the Commission'', and
       (2) by inserting at the end the following new subsection:
       ``(b) Exception.--On and after January 1, 2009, subsection 
     (a) shall not apply to any authority granted under subtitle E 
     of this title or subtitle C of title III.''.
       (d) NIST Authority.--Subtitle E of title II of the Help 
     America Vote Act of 2002, as added and amended by this Act, 
     is amended by adding at the end the following new section:

     ``SEC. 299E. TECHNICAL SUPPORT.

       ``At the request of the Commission, the Director of the 
     National Institute of Standards and Technology shall provide 
     the Commission with technical support necessary for the 
     Commission to carry out its duties under this title.''.
       (e) Authorization of Appropriations.--Section 210 of the 
     Help America Vote Act of 2002 (42 U.S.C. 15330) is amended by 
     striking ``for each of fiscal years 2003 through 2005 such 
     sums as may be necessary (but not to exceed $10,000,000 for 
     each such year)'' and inserting ``$23,000,000 for fiscal year 
     2006 (of which $3,000,000 are authorized solely to carry out 
     the purposes of section 299E) and such sums as may be 
     necessary for succeeding fiscal years''.

     SEC. __16. AUTHORIZATION OF APPROPRIATIONS.

       Subsection (a) of section 257 of the Help America Vote Act 
     of 2002 (42 U.S.C. 15408(a)) is amended by adding at the end 
     the following new paragraphs:
       ``(4) For fiscal year 2006, $2,000,000,000.
       ``(5) For each fiscal year after 2006, such sums as are 
     necessary.''.

     SEC. __17. EFFECTIVE DATE.

       (a) In General.--Except as provided in section _10 and 
     subsection (b), the amendments made by this title shall take 
     effect on January 1, 2009.
       (b) Provisional Ballots.--The amendments made by sections 
     _05, _15, and _16, shall take effect on January 1, 2007.
                                 ______
                                 
  SA 4164. Mr. COBURN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. REDUCTION IN IMMIGRANT VISAS.

       (a) Estimate of Births to Illegal Aliens.--The Secretary, 
     in consultation with the Commissioner of Social Security, 
     shall annually estimate the number of children who were born, 
     during the most recently concluded calendar year, to a mother 
     who was unlawfully present in the United States at the time 
     of the birth if the child's father is not a citizen of the 
     United States.
       (b) Report.--The Secretary shall annually submit a report 
     to Congress that contains the estimate described in 
     subsection (a) and an explanation of the methods used to 
     create such estimate.
       (c) Visa Reduction.--The Secretary shall reduce, for each 
     fiscal year, the number of family-sponsored immigrants 
     authorized under section 201(c) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(c)) by a number equal to the 
     number estimated under subsection (a) for the most recently 
     concluded calendar year.
                                 ______
                                 
  SA 4165. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 107, strike lines 15 through 18.
                                 ______
                                 
  SA 4166. Mr. BYRD (for himself and Mr. Gregg) submitted an amendment

[[Page S5004]]

intended to be proposed by him to the bill S. 2611, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       On page 370, strike line 14 and all that follows through 
     page 371, line 14, and insert the following:
       ``(3) Additional amounts owed.--Prior to the adjudication 
     of an application for adjustment of status filed under this 
     section, the alien shall pay an amount equaling $2,500, but 
     such amount shall not be required from an alien under the age 
     of 18.
       ``(4) Use of amounts collected.--The Secretary of Homeland 
     Security shall deposit payments received under this 
     subsection in the Immigration Examinations Fee Account, and 
     these payments in such account shall be available, without 
     fiscal year limitation, such that--
       ``(A) 80 percent of such funds shall be available to the 
     Department of Homeland Security for border security purposes;
       ``(B) 10 percent of such funds shall be available to the 
     Department of Homeland Security for implementing and 
     processing applications under this section; and
       ``(C) 10 percent of such funds shall be available to the 
     Department of Homeland Security and the Department of State 
     to cover administrative and other expenses incurred in 
     connection with the review of applications filed by immediate 
     relatives of aliens applying for adjustment of status under 
     this section.
       ``(5) Fines contingent on appropriations.--No fine may be 
     collected under this section in excess of $2,000 except to 
     the extent that the expenditures of the fine to pay the costs 
     of activities and services for which the fine in excess of 
     $2,000 is imposed, as described in paragraph (6), is provided 
     for in advance in an appropriations Act.
       ``(6) Deposit of collections.--Amounts collected under 
     subsection (5) shall be deposited as an offsetting collection 
     in, and credited to, the accounts providing appropriations--
       ``(A) to carry out the apprehension and detention of any 
     alien who is inadmissible by reason of any offense covered in 
     section 212(a);
       ``(B) to carry out the apprehension and detention of any 
     alien who is deportable by reason of any offense under 
     section 237(a);
       ``(C) for border sensor and surveillance technology;
       ``(D) for air and marine interdiction, operations, 
     maintenance and procurement;
       ``(E) for customs and border protection construction;
       ``(F) for federal law enforcement training;
       ``(G) for maritime security;
                                 ______
                                 
  SA 4167. Mr. COLEMAN (for himself, Mr. Dorgan, Ms. Collins, Mrs. 
Murray, Ms. Cantwell, Ms. Snowe, and Mr. Nelson of Florida) submitted 
an amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of subtitle C of title I, insert the following:

     SEC. 133. WESTERN HEMISPHERE TRAVEL INITIATIVE.

       (a) Findings.--Congress makes the following findings:
       (1) United States citizens make approximately 130,000,000 
     land border crossings each year between the United States and 
     Canada and the United States and Mexico, with approximately 
     23,000,000 individual United States citizens crossing the 
     border annually.
       (2) Approximately 27 percent of United States citizens 
     possess United States passports.
       (3) In fiscal year 2005, the Secretary of State issued an 
     estimated 10,100,000 passports, representing an increase of 
     15 percent from fiscal year 2004.
       (4) The Secretary of State estimates that 13,000,000 
     passports will be issued in fiscal year 2006, 16,000,000 
     passports will be issued in fiscal year 2007, and 17,000,000 
     passports will be issued in fiscal year 2008.
       (b) Extension of Western Hemisphere Travel Initiative 
     Implementation Deadline.--Section 7209(b)(1) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note) is amended by 
     striking ``January 1, 2008'' and inserting ``the later of 
     June 1, 2009, or 3 months after the Secretary of State and 
     the Secretary of Homeland Security make the certification 
     required in subsection (i) of section 133 of the 
     Comprehensive Immigration Reform Act of 2006.''.
       (c) Passport Cards.--
       (1) Authority to issue.--In order to facilitate travel of 
     United States citizens to Canada, Mexico, the countries 
     located in the Caribbean, and Bermuda, the Secretary of 
     State, in consultation with the Secretary, is authorized to 
     develop a travel document known as a Passport Card.
       (2) Issuance.--In accordance with the Western Hemisphere 
     Travel Initiative carried out pursuant to section 7209 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note), the Secretary of 
     State, in consultation with the Secretary, shall be 
     authorized to issue to a citizen of the United States who 
     submits an application in accordance with paragraph (5) a 
     travel document that will serve as a Passport Card.
       (3) Applicability.--A Passport Card shall be deemed to be a 
     United States passport for the purpose of United States laws 
     and regulations relating to United States passports.
       (4) Validity.--A Passport Card shall be valid for the same 
     period as a United States passport.
       (5) Limitation on use.--A Passport Card may only be used 
     for the purpose of international travel by United States 
     citizens through land and sea ports of entry between--
       (A) the United States and Canada;
       (B) the United States and Mexico; and
       (C) the United States and a country located in the 
     Caribbean or Bermuda.
       (6) Application for issuance.--To be issued a Passport 
     Card, a United States citizen shall submit an application to 
     the Secretary of State. The Secretary of State shall require 
     that such application shall contain the same information as 
     is required to determine citizenship, identity, and 
     eligibility for issuance of a United States passport.
       (7) Technology.--
       (A) Expedited traveler programs.--To the maximum extent 
     practicable, a Passport Card shall be designed and produced 
     to provide a platform on which the expedited traveler 
     programs carried out by the Secretary, such as NEXUS, NEXUS 
     AIR, SENTRI, FAST, and Register Traveler may be added. The 
     Secretary of State and the Secretary shall notify Congress 
     not later than July 1, 2007, if the technology to add 
     expedited travel features to the Passport Card is not 
     developed by that date.
       (B) Technology.--The Secretary and the Secretary of State 
     shall establish a technology implementation plan that 
     accommodates desired technology requirements of the 
     Department of State and the Department, allows for future 
     technological innovations, and ensures maximum facilitation 
     at the northern and southern borders.
       (8) Specifications for card.--A Passport Card shall be 
     easily portable and durable. The Secretary of State and the 
     Secretary shall consult regarding the other technical 
     specifications of the Card, including whether the security 
     features of the Card could be combined with other existing 
     identity documentation.
       (9) Fee.--
       (A) In general.--An applicant for a Passport Card shall 
     submit an application under paragraph (6) together with a 
     nonrefundable fee in an amount to be determined by the 
     Secretary of State. Fees for a Passport Card shall be 
     deposited as an offsetting collection to the appropriate 
     Department of State appropriation, to remain available until 
     expended.
       (B) Limitation on fees.--The Secretary of State shall seek 
     to make such fees as low as possible and less than $24. If 
     the Secretary of State, the Secretary, and the Postmaster 
     General jointly certify to Congress that such fees represent 
     the lowest possible cost of issuing Passport Cards and 
     provide a detailed cost analysis for any such fee that is 
     more than $24, fees may exceed $24 but may not exceed $34.
       (C) Reduction of fee.--The Secretary of State shall reduce 
     the fee for a Passport Card for an individual who submits an 
     application for a Passport Card together with an application 
     for a United States passport.
       (D) Waiver of fee for children.--The Secretary of State 
     shall waive the fee for a Passport Card for a child under 18 
     years of age.
       (E) Audit.--In the event that the fee for a Passport Card 
     exceeds $24, the Comptroller General of the United States 
     shall conduct an audit to determine whether Passport Cards 
     are issued at the lowest possible cost.
       (10) Accessibility.--In order to make the Passport Card 
     easily obtainable, an application for a Passport Card shall 
     be accepted in the same manner and at the same locations as 
     an application for a United States passport.
       (11) Rule of construction.--Nothing in this section shall 
     be construed as limiting, altering, modifying, or otherwise 
     affecting the validity of a United States passport. A United 
     States citizen may possess a United States passport and a 
     Passport Card.
       (d) State Enrollment Demonstration Program.--
       (1) In general.--Notwithstanding any other provisions of 
     law, the Secretary of State and the Secretary shall enter 
     into a memorandum of understanding with 1 or more appropriate 
     States to carry out at least 1 demonstration program as 
     follows:
       (A) A State may include an individual's United States 
     citizenship status on a driver's license which meets the 
     requirements of section 202 of the REAL ID Act of 2005 
     (division B of Public Law 109-13; 49 U.S.C. 30301 note).
       (B) The Secretary of State shall develop a mechanism to 
     communicate with a participating State to verify the United 
     States citizenship status of an applicant who voluntarily 
     seeks to have the applicant's United States citizenship 
     status included on a driver's license.
       (C) All information collected about the individual shall be 
     managed exclusively in the same manner as information 
     collected through a passport application and no further 
     distribution of such information shall be permitted.
       (D) A State may not require an individual to include the 
     individual's citizenship status on a driver's license.
       (E) Notwithstanding any other provision of law, a driver's 
     license which meets the requirements of this paragraph shall 
     be deemed to be sufficient documentation to permit the bearer 
     to enter the United States

[[Page S5005]]

     from Canada through not less than at least 1 designated 
     international border crossing in each State participating in 
     the demonstration program.
       (2) Rule of construction.--Nothing in this subsection shall 
     have the effect of creating a national identity card.
       (3) Authority to expand.--The Secretary of State and the 
     Secretary may expand the demonstration program under this 
     subsection so that such program is carried out in additional 
     States, through additional ports of entry, for additional 
     foreign countries, and in a manner that permits the use of 
     additional types of identification documents to prove 
     identity under the program.
       (4) Study.--Not later than 6 months after the date that the 
     demonstration program under this subsection is carried out, 
     the Comptroller General of the United States shall conduct a 
     study of--
       (A) the cost of the production and issuance of documents 
     that meet the requirements of the program compared with other 
     travel documents;
       (B) the impact of the program on the flow of cross-border 
     traffic and the economic impact of the program; and
       (C) the security of travel documents that meet the 
     requirements of the program compared with other travel 
     documents.
       (5) Reciprocity with canada.--Notwithstanding any other 
     provision of law, the Secretary of State and Secretary are 
     authorized to work with appropriate authorities of Canada to 
     certify identification issued by the Government of Canada, 
     including a driver's license, as meeting security 
     requirements similar to the requirements under the REAL ID 
     Act of 2005 (division B of Public Law 109-13) and including a 
     citizenship verification mechanism. To the maximum extent 
     possible, the Secretary shall work to ensure that Canadian 
     identification documents used as described in this paragraph 
     contain the same technology as United States documents and 
     may be accepted using the same document scanners. 
     Notwithstanding any other provision of law, in the event that 
     such certified identity document includes information that 
     shows an individual to be a citizen of Canada, such 
     individual shall be permitted to enter the United States from 
     Canada. The Secretary shall ensure that, at all times, more 
     States are participants in this program than Canadian 
     provinces.
       (e) Expedited Processing for Repeat Travelers.--
       (1) Land crossings.--To the maximum extent practicable, the 
     Secretary shall expand expedited traveler programs carried 
     out by the Secretary to all ports of entry and should 
     encourage citizens of the United States to participate in the 
     preenrollment programs, as such programs assist border 
     control officers of the United States in the fight against 
     terrorism by increasing the number of known travelers 
     crossing the border. The identities of such expedited 
     travelers should be entered into a database of known 
     travelers who have been subjected to in-depth background and 
     watch-list checks to permit border control officers to focus 
     more attention on unknown travelers, potential criminals, and 
     terrorists. The Secretary, in consultation with the 
     appropriate officials of the Government of Canada, shall 
     equip at least 6 additional northern border crossings with 
     NEXUS technology.
       (2) Sea crossings.--The Commissioner of Customs and Border 
     Patrol shall conduct and expand trusted traveler programs and 
     pilot programs to facilitate expedited processing of United 
     States citizens returning from pleasure craft trips in 
     Canada, Mexico, the Caribbean, or Bermuda. One such program 
     shall be conducted in Florida and modeled on the I-68 
     program.
       (f) Process for Individuals Lacking Appropriate 
     Documents.--
       (1) In general.--The Secretary shall establish a program 
     that satisfies section 7209 of the Intelligence Reform and 
     Terrorism Prevention Act of 2004 (Public Law 108-458; 8 
     U.S.C. 1185 note)--
       (A) to permit a citizen of the United States who has not 
     been issued a United States passport or other appropriate 
     travel document to cross the international border and return 
     to the United States for a time period of not more than 72 
     hours, on a limited basis, and at no additional fee; or
       (B) to establish a process to ascertain the identity of, 
     and make admissibility determinations for, a citizen 
     described in paragraph (A) upon the arrival of such citizen 
     at an international border of the United States.
       (2) Grace period.--During a time period determined by the 
     Secretary, officers of the United States Customs and Border 
     Patrol may permit citizens of the United States and Canada 
     who are unaware of the requirements of 7209 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note), or otherwise 
     lacking appropriate documentation, to enter the United States 
     upon a demonstration of citizenship satisfactory to the 
     officer. Officers of the United States Customs and Border 
     Patrol shall educate such individuals about documentary 
     requirements.
       (g) Travel by Children.--For travel to Canada, the 
     Secretary shall have authority to waive the requirements of 
     section 7209 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
     note) for travel by children who are 17 years old or younger 
     traveling in groups of 6 or more, provided that such groups 
     present documents demonstrating parental consent for each 
     child's travel. The Secretary may issue similar regulations 
     for travel to Mexico.
       (h) Public Promotion.--The Secretary of State, in 
     consultation with the Secretary, shall develop and implement 
     an outreach plan to inform United States citizens about the 
     Western Hemisphere Travel Initiative and the provisions of 
     this Act, to facilitate the acquisition of appropriate 
     documentation to travel to Canada, Mexico, the countries 
     located in the Caribbean, and Bermuda, and to educate United 
     States citizens who are unaware of the requirements for such 
     travel. Such outreach plan should include--
       (1) written notifications posted at or near public 
     facilities, including border crossings, schools, libraries, 
     Amtrak stations, and United States Post Offices located 
     within 50 miles of the international border between the 
     United States and Canada or the international border between 
     the United States and Mexico and other ports of entry;
       (2) provisions to seek consent to post such notifications 
     on commercial property, such as offices of State departments 
     of motor vehicles, gas stations, supermarkets, convenience 
     stores, hotels, and travel agencies;
       (3) the collection and analysis of data to measure the 
     success of the public promotion plan; and
       (4) additional measures as appropriate.
       (i) Certification.--Notwithstanding any other provision of 
     law, the Secretary may not implement the plan described in 
     section 7209(b) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458; 8 U.S.C. 1185 
     note) until the later of June 1, 2009, or the date that is 3 
     months after the Secretary of State and the Secretary certify 
     to Congress that--
       (1)(A) if the Secretary and the Secretary of State develop 
     and issue Passport Cards under this section--
       (i) such cards have been distributed to at least 90 percent 
     of the eligible United States citizens who applied for such 
     cards during the 6-month period beginning not earlier than 
     the date the Secretary of State began accepting applications 
     for such cards and ending not earlier than 10 days prior to 
     the date of certification;
       (ii) Passport Cards are provided to applicants, on average, 
     within 4 weeks of application or within the same period of 
     time required to adjudicate a passport; and
       (iii) a successful pilot has demonstrated the effectiveness 
     of the Passport Card; or
       (B) if the Secretary and the Secretary of State do not 
     develop and issue Passport Cards under this section and 
     develop a program to issue an alternative document that 
     satisfies the requirements of section 7209 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004, in 
     addition to the NEXUS, SENTRI, FAST and Border Crossing Card 
     programs, such alternative document is widely available and 
     well publicized;
       (2) United States border crossings have been equipped with 
     sufficient document readers and other technologies to ensure 
     that implementation will not substantially slow the flow of 
     traffic and persons across international borders;
       (3) officers of the Bureau of Customs and Border Protection 
     have received training and been provided the infrastructure 
     necessary to accept Passport Cards and all alternative 
     identity documents at all United States border crossings; and
       (4) the outreach plan described in subsection (g) has been 
     implemented and the Secretary determines such plan has been 
     successful in providing information to United States 
     citizens.
       (j) Authorization of Appropriations.--There is authorized 
     to be appropriated to the Secretary of State and the 
     Secretary such sums as may be necessary to carry out this 
     section, and the amendment made by this section.
                                 ______
                                 
  SA 4168. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 397, strike lines 21 through 25 and insert the 
     following:
       (7) Work day.--The term ``work day'' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.
                                 ______
                                 
  SA 4169. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 398, strike lines 10 through 13, and insert the 
     following:
       (A) has performed agricultural employment in the United 
     States for at least 863 hours or 150 work days during the 24-
     month period ending on December 31, 2005;
                                 ______
                                 
  SA 4170. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 400, strike line 14, and insert the following:

     or harm to property in excess of $500; or

       (iii) the alien fails to perform the agricultural 
     employment required under subsection (c)(1)(A)(i) unless the 
     alien was unable to work in agricultural employment due to 
     the

[[Page S5006]]

     extraordinary circumstances described in subsection 
     (c)(1)(A)(iii).
                                 ______
                                 
  SA 4171. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 407, strike line 18, and all that follows 
     through page 408, line 9 and insert the following:
       (i) Qualifying employment.--The alien has performed not 
     less than the following agricultural employment:

       (I) In general.--Except as provided in subclause (II), the 
     alien has performed at least--

       (aa) 5 years of agricultural employment in the United 
     States, for at least 100 work days per year, during the 5-
     year period beginning on the date of enactment of this Act; 
     or
       (bb) 3 years of agricultural employment in the United 
     States, for at least 150 work days per year, during the 3-
     year period beginning on the date of enactment of this Act.

       (II) 4-Year period of employment.--An alien shall be 
     considered to have met the agricultural employment 
     requirements described in subclause (I) if the alien has 
     performed 4 years of agricultural employment in the Untied 
     States for at least 150 work days during three of the 4 years 
     and at least 100 work days during the remaining year, during 
     the 4-year period beginning on the date of enactment of this 
     Act.

                                 ______
                                 
  SA 4172. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 398, between lines 21 and 22, insert the following:
       (D) has not been convicted of a felony or a misdemeanor, an 
     element of which involves bodily injury, threat of serious 
     bodily injury, or harm to property in excess of $500.
       On page 410, strike lines 18 through 20, and insert the 
     following:

       (III) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.

       On page 413, strike lines 22 through 24, and insert the 
     following:
       (iii) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.
                                 ______
                                 
  SA 4173. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 428, strike lines 8 through 11, and insert the 
     following:
       (k) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for each of the fiscal 
     years 2007 and 2008 such sums as may be necessary to carry 
     out this section, including carrying out the initial actions 
     necessary to beginning conferring blue card status to aliens.
                                 ______
                                 
  SA 4174. Mr. CRAIG submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 417, line 10, strike ``paragraph (1)(A)(i)(II)'' 
     and insert ``paragraph (1)(A)(ii)''.
       On page 429, strike line 8 and all that follows through 
     page 502, line 25, and insert the following:

                CHAPTER 2--REFORM OF H-2A WORKER PROGRAM

     SEC. 615. AMENDMENT TO THE IMMIGRATION AND NATIONALITY ACT.

       Section 218 (8 U.S.C. 1188) is amended to read as follows:

     ``SEC. 218. ADMISSION OF TEMPORARY H-2A WORKERS.

       ``(a) Employer Applications.--
       ``(1) Applications to the secretary of labor.--
       ``(A) In general.--No alien may be admitted to the United 
     States as an H-2A worker, or otherwise provided status as an 
     H-2A worker, unless the employer has filed with the Secretary 
     of Labor an application containing--
       ``(i) the assurances described in paragraph (2);
       ``(ii) a description of the nature and location of the work 
     to be performed;
       ``(iii) the anticipated period (expected beginning and 
     ending dates) for which the workers will be needed; and
       ``(iv) the number of job opportunities in which the 
     employer seeks to employ the workers.
       ``(B) Accompanied by job offer.--Each application filed 
     under subparagraph (A) shall be accompanied by a copy of the 
     job offer describing the wages and other terms and conditions 
     of employment and the bona fide occupational qualifications 
     that shall be possessed by a worker to be employed in the job 
     opportunity in question.
       ``(2) Assurances for inclusion in applications.--The 
     assurances referred to in paragraph (1)(A)(i) are the 
     following:
       ``(A) Job opportunities covered by collective bargaining 
     agreements.--With respect to a job opportunity that is 
     covered under a collective bargaining agreement:
       ``(i) Union contract described.--The job opportunity is 
     covered by a union contract which was negotiated at arm's 
     length between a bona fide union and the employer.
       ``(ii) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.
       ``(iii) Notification of bargaining representatives.--The 
     employer, at the time of filing the application, has provided 
     notice of the filing under this subparagraph to the 
     bargaining representative of the employer's employees in the 
     occupational classification at the place or places of 
     employment for which aliens are sought.
       ``(iv) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(v) Offers to united states workers.--The employer has 
     offered or will offer the job to any eligible United States 
     worker who applies and is equally or better qualified for the 
     job for which the nonimmigrant is, or the nonimmigrants are, 
     sought and who will be available at the time and place of 
     need.
       ``(vi) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of, and in the course 
     of, the worker's employment which will provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(B) Job opportunities not covered by collective 
     bargaining agreements.--With respect to a job opportunity 
     that is not covered under a collective bargaining agreement:
       ``(i) Strike or lockout.--The specific job opportunity for 
     which the employer is requesting an H-2A worker is not vacant 
     because the former occupant is on strike or being locked out 
     in the course of a labor dispute.
       ``(ii) Temporary or seasonal job opportunities.--The job 
     opportunity is temporary or seasonal.
       ``(iii) Benefit, wage, and working conditions.--The 
     employer will provide, at a minimum, the benefits, wages, and 
     working conditions required by subsection (b) to all workers 
     employed in the job opportunities for which the employer has 
     applied under subsection (a) and to all other workers in the 
     same occupation at the place of employment.
       ``(iv) Nondisplacement of united states workers.--The 
     employer did not displace and will not displace a United 
     States worker employed by the employer during the period of 
     employment and for a period of 30 days preceding the period 
     of employment in the occupation at the place of employment 
     for which the employer seeks approval to employ H-2A workers.
       ``(v) Requirements for placement of nonimmigrant with other 
     employers.--The employer will not place the nonimmigrant with 
     another employer unless--

       ``(I) the nonimmigrant performs duties in whole or in part 
     at 1 or more work sites owned, operated, or controlled by 
     such other employer;
       ``(II) there are indicia of an employment relationship 
     between the nonimmigrant and such other employer; and
       ``(III) the employer has inquired of the other employer as 
     to whether, and has no actual knowledge or notice that, 
     during the period of employment and for a period of 30 days 
     preceding the period of employment, the other employer has 
     displaced or intends to displace a United States worker 
     employed by the other employer in the occupation at the place 
     of employment for which the employer seeks approval to employ 
     H-2A workers.

       ``(vi) Statement of liability.--The application form shall 
     include a clear statement explaining the liability under 
     clause (v) of an employer if the other employer described in 
     such clause displaces a United States worker as described in 
     such clause.
       ``(vii) Provision of insurance.--If the job opportunity is 
     not covered by the State workers' compensation law, the 
     employer will provide, at no cost to the worker, insurance 
     covering injury and disease arising out of and in the course 
     of the worker's employment, which shall provide benefits at 
     least equal to those provided under the State's workers' 
     compensation law for comparable employment.
       ``(viii) Employment of united states workers.--

       ``(I) Recruitment.--The employer has taken or will take the 
     following steps to recruit United States workers for the job 
     opportunities for which the H-2A nonimmigrant is, or H-2A 
     nonimmigrants are, sought:

       ``(aa) Contacting former workers.--The employer shall make 
     reasonable efforts through the sending of a letter by United 
     States Postal Service mail, or otherwise, to contact any 
     United States worker the employer employed during the 
     previous season in the occupation at the place of intended 
     employment for which the employer is applying for workers and 
     has made the availability of the employer's job opportunities 
     in the occupation at the place of intended employment known 
     to such previous workers, unless the worker was terminated 
     from employment by the employer for a lawful job-related 
     reason or abandoned the job before

[[Page S5007]]

     the worker completed the period of employment of the job 
     opportunity for which the worker was hired.
       ``(bb) Filing a job offer with the local office of the 
     state employment security agency.--Not later than 28 days 
     before the date on which the employer desires to employ an H-
     2A worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall submit a copy of the job 
     offer described in paragraph (1)(B) to the local office of 
     the State employment security agency which serves the area of 
     intended employment and authorize the posting of the job 
     opportunity on `America's Job Bank' or other electronic job 
     registry, except that nothing in this subclause shall require 
     the employer to file an interstate job order under section 
     653 of title 20, Code of Federal Regulations.
       ``(cc) Advertising of job opportunities.--Not later than 14 
     days before the date on which the employer desires to employ 
     an H-2A worker in a temporary or seasonal agricultural job 
     opportunity, the employer shall advertise the availability of 
     the job opportunities for which the employer is seeking 
     workers in a publication in the local labor market that is 
     likely to be patronized by potential farm workers.
       ``(dd) Emergency procedures.--The Secretary of Labor shall, 
     by regulation, provide a procedure for acceptance and 
     approval of applications in which the employer has not 
     complied with the provisions of this subparagraph because the 
     employer's need for H-2A workers could not reasonably have 
     been foreseen.

       ``(II) Job offers.--The employer has offered or will offer 
     the job to any eligible United States worker who applies and 
     is equally or better qualified for the job for which the 
     nonimmigrant is, or nonimmigrants are, sought and who will be 
     available at the time and place of need.
       ``(III) Period of employment.--The employer will provide 
     employment to any qualified United States worker who applies 
     to the employer during the period beginning on the date on 
     which the foreign worker departs for the employer's place of 
     employment and ending on the date on which 50 percent of the 
     period of employment for which the foreign worker who is in 
     the job was hired has elapsed, subject to the following 
     requirements:

       ``(aa) Prohibition.--No person or entity shall willfully 
     and knowingly withhold United States workers before the 
     arrival of H-2A workers in order to force the hiring of 
     United States workers under this subclause.
       ``(bb) Complaints.--Upon receipt of a complaint by an 
     employer that a violation of item (aa) has occurred, the 
     Secretary of Labor shall immediately investigate. The 
     Secretary of Labor shall, not later than 36 hours after the 
     receipt of the complaint, issue findings concerning the 
     alleged violation. If the Secretary of Labor finds that a 
     violation has occurred, the Secretary shall immediately 
     suspend the application of this subclause with respect to 
     that certification for that date of need.
       ``(cc) Placement of united states workers.--Before 
     referring a United States worker to an employer during the 
     period described in the matter preceding item (aa), the 
     Secretary of Labor shall make all reasonable efforts to place 
     the United States worker in an open job acceptable to the 
     worker, if there are other job offers pending with the job 
     service that offer similar job opportunities in the area of 
     intended employment.

       ``(IV) Statutory construction.--Nothing in this clause 
     shall be construed to prohibit an employer from using such 
     legitimate selection criteria relevant to the type of job 
     that are normal or customary to the type of job involved so 
     long as such criteria are not applied in a discriminatory 
     manner.

       ``(3) Applications by associations on behalf of employer 
     members.--
       ``(A) In general.--An agricultural association may file an 
     application under paragraph (1) on behalf of 1 or more of its 
     employer members that the association certifies in its 
     application has or have agreed in writing to comply with the 
     requirements of this section.
       ``(B) Treatment of associations acting as employers.--If an 
     association filing an application under subparagraph (A) is a 
     joint or sole employer of the temporary or seasonal 
     agricultural workers requested on the application, the 
     certifications granted under paragraph (5)(B)(ii) to the 
     association may be used for the certified job opportunities 
     of any of its producer members named on the application, and 
     such workers may be transferred among such producer members 
     to perform the agricultural services of a temporary or 
     seasonal nature for which the certifications were granted.
       ``(4) Withdrawal of applications.--
       ``(A) In general.--An employer may withdraw an application 
     filed under paragraph (1), except that if the employer is an 
     agricultural association, the association may withdraw an 
     application filed under paragraph (1) with respect to 1 or 
     more of its members. To withdraw an application, the employer 
     or association shall notify the Secretary of Labor in 
     writing, and the Secretary of Labor shall acknowledge in 
     writing the receipt of such withdrawal notice. An employer 
     who withdraws an application filed under paragraph (1), or on 
     whose behalf an application is withdrawn, is relieved of the 
     obligations undertaken in the application.
       ``(B) Limitation.--An application may not be withdrawn 
     while any alien provided status under section 
     101(a)(15)(H)(ii)(a) pursuant to such application is employed 
     by the employer.
       ``(C) Obligations under other statutes.--Any obligation 
     incurred by an employer under any other law or regulation as 
     a result of the recruitment of United States workers or H-2A 
     workers under an offer of terms and conditions of employment 
     required as a result of making an application under paragraph 
     (1) is unaffected by withdrawal of such application.
       ``(5) Review and approval of applications.--
       ``(A) Responsibility of employers.--The employer shall make 
     available for public examination, not later than 1 working 
     day after the date on which an application is filed under 
     paragraph (1), at the employer's principal place of business 
     or work site, a copy of each such application (and such 
     accompanying documents as are necessary).
       ``(B) Responsibility of the secretary of labor.--
       ``(i) Compilation of list.--The Secretary of Labor shall 
     compile, on a current basis, a list (by employer and by 
     occupational classification) of the applications filed under 
     this paragraph. Such list shall include the wage rate, number 
     of workers sought, period of intended employment, and date of 
     need. The Secretary of Labor shall make such list available 
     for examination in the District of Columbia.
       ``(ii) Review of applications.--The Secretary of Labor 
     shall review such an application only for completeness and 
     obvious inaccuracies. Unless the Secretary of Labor finds 
     that the application is incomplete or obviously inaccurate, 
     the Secretary shall certify that the intending employer has 
     filed with the Secretary an application described in 
     paragraph (1). Such certification shall be provided not later 
     than 7 days after the application is filed.
       ``(b) Employment Requirements.--
       ``(1) Preferential treatment of aliens prohibited.--
     Employers seeking to hire United States workers shall offer 
     the United States workers not less than the same benefits, 
     wages, and working conditions that the employer is offering, 
     intends to offer, or will provide to H-2A workers. A job 
     offer may not impose on United States workers any 
     restrictions or obligations that will not be imposed on the 
     employer's H-2A workers.
       ``(2) Minimum benefits, wages, and working conditions.--
     Except in cases where higher benefits, wages, or working 
     conditions are required under paragraph (1), in order to 
     protect similarly employed United States workers from adverse 
     effects with respect to benefits, wages, and working 
     conditions, every job offer which shall accompany an 
     application under subsection (a)(2)(B) shall include each of 
     the following benefit, wage, and working condition 
     provisions:
       ``(A) Requirement to provide housing or a housing 
     allowance.--
       ``(i) In general.--An employer applying under subsection 
     (a)(1) for H-2A workers shall offer to provide housing at no 
     cost to all workers in job opportunities for which the 
     employer has applied under that subsection and to all other 
     workers in the same occupation at the place of employment, 
     whose place of residence is beyond normal commuting distance.
       ``(ii) Type of housing.--In complying with clause (i), an 
     employer may, at the employer's election, provide housing 
     that meets applicable Federal standards for temporary labor 
     camps or secure housing that meets applicable local standards 
     for rental or public accommodation housing or other 
     substantially similar class of habitation, or in the absence 
     of applicable local standards, State standards for rental or 
     public accommodation housing or other substantially similar 
     class of habitation. In the absence of applicable local or 
     State standards, Federal temporary labor camp standards shall 
     apply.
       ``(iii) Family housing.--If it is the prevailing practice 
     in the occupation and area of intended employment to provide 
     family housing, family housing shall be provided to workers 
     with families who request it.
       ``(iv) Workers engaged in the range production of 
     livestock.--The Secretary of Labor shall issue regulations 
     that address the specific requirements for the provision of 
     housing to workers engaged in the range production of 
     livestock.
       ``(v) Limitation.--Nothing in this subparagraph shall be 
     construed to require an employer to provide or secure housing 
     for persons who were not entitled to such housing under the 
     temporary labor certification regulations in effect on June 
     1, 1986.
       ``(vi) Charges for housing.--

       ``(I) Charges for public housing.--If public housing 
     provided for migrant agricultural workers under the auspices 
     of a local, county, or State government is secured by an 
     employer, and use of the public housing unit normally 
     requires charges from migrant workers, such charges shall be 
     paid by the employer directly to the appropriate individual 
     or entity affiliated with the housing's management.
       ``(II) Deposit charges.--Charges in the form of deposits 
     for bedding or other similar incidentals related to housing 
     shall not be levied upon workers by employers who provide 
     housing for their workers. An employer may require a worker 
     found to have been responsible for damage to such housing 
     which is not the result of normal wear and tear related to 
     habitation to reimburse the employer for the reasonable cost 
     of repair of such damage.

       ``(vii) Housing allowance as alternative.--

[[Page S5008]]

       ``(I) In general.--If the requirement under subclause (II) 
     is satisfied, the employer may provide a reasonable housing 
     allowance instead of offering housing under clause (i). Upon 
     the request of a worker seeking assistance in locating 
     housing, the employer shall make a good faith effort to 
     assist the worker in identifying and locating housing in the 
     area of intended employment. An employer who offers a housing 
     allowance to a worker, or assists a worker in locating 
     housing which the worker occupies, pursuant to this subclause 
     shall not be deemed a housing provider under section 203 of 
     the Migrant and Seasonal Agricultural Worker Protection Act 
     (29 U.S.C. 1823) solely by virtue of providing such housing 
     allowance. No housing allowance may be used for housing which 
     is owned or controlled by the employer.
       ``(II) Certification.--The requirement of this subclause is 
     satisfied if the Governor of the State certifies to the 
     Secretary of Labor that there is adequate housing available 
     in the area of intended employment for migrant farm workers, 
     and H-2A workers, who are seeking temporary housing while 
     employed at farm work. Such certification shall expire after 
     3 years unless renewed by the Governor of the State.
       ``(III) Amount of allowance.--

       ``(aa) Nonmetropolitan counties.--If the place of 
     employment of the workers provided an allowance under this 
     clause is a nonmetropolitan county, the amount of the housing 
     allowance under this clause shall be equal to the statewide 
     average fair market rental for existing housing for 
     nonmetropolitan counties for the State, as established by the 
     Secretary of Housing and Urban Development pursuant to 
     section 8(c) of the United States Housing Act of 1937 (42 
     U.S.C. 1437f(c)), based on a 2 bedroom dwelling unit and an 
     assumption of 2 persons per bedroom.
       ``(bb) Metropolitan counties.--If the place of employment 
     of the workers provided an allowance under this clause is in 
     a metropolitan county, the amount of the housing allowance 
     under this clause shall be equal to the statewide average 
     fair market rental for existing housing for metropolitan 
     counties for the State, as established by the Secretary of 
     Housing and Urban Development pursuant to section 8(c) of the 
     United States Housing Act of 1937 (42 U.S.C. 1437f(c)), based 
     on a 2 bedroom dwelling unit and an assumption of 2 persons 
     per bedroom.
       ``(B) Reimbursement of transportation.--
       ``(i) To place of employment.--A worker who completes 50 
     percent of the period of employment of the job opportunity 
     for which the worker was hired shall be reimbursed by the 
     employer for the cost of the worker's transportation and 
     subsistence from the place from which the worker came to work 
     for the employer (or place of last employment, if the worker 
     traveled from such place) to the place of employment.
       ``(ii) From place of employment.--A worker who completes 
     the period of employment for the job opportunity involved 
     shall be reimbursed by the employer for the cost of the 
     worker's transportation and subsistence from the place of 
     employment to the place from which the worker, disregarding 
     intervening employment, came to work for the employer, or to 
     the place of next employment, if the worker has contracted 
     with a subsequent employer who has not agreed to provide or 
     pay for the worker's transportation and subsistence to such 
     subsequent employer's place of employment.
       ``(iii) Limitation.--

       ``(I) Amount of reimbursement.--Except as provided in 
     subclause (II), the amount of reimbursement provided under 
     clause (i) or (ii) to a worker or alien shall not exceed the 
     lesser of--

       ``(aa) the actual cost to the worker or alien of the 
     transportation and subsistence involved; or
       ``(bb) the most economical and reasonable common carrier 
     transportation charges and subsistence costs for the distance 
     involved.

       ``(II) Distance traveled.--No reimbursement under clause 
     (i) or (ii) shall be required if the distance traveled is 100 
     miles or less, or the worker is not residing in employer-
     provided housing or housing secured through an allowance 
     provided under subparagraph (A)(vii).

       ``(iv) Early termination.--If the worker is laid off or 
     employment is terminated for contract impossibility (as 
     described in subparagraph (D)(iv)) before the anticipated 
     ending date of employment, the employer shall provide the 
     transportation and subsistence required by clause (ii) and, 
     notwithstanding whether the worker has completed 50 percent 
     of the period of employment, shall provide the transportation 
     reimbursement required by clause (i).
       ``(v) Transportation between living quarters and work 
     site.--The employer shall provide transportation between the 
     worker's living quarters and the employer's work site without 
     cost to the worker, and such transportation will be in 
     accordance with applicable laws and regulations.
       ``(C) Required wages.--
       ``(i) In general.--An employer applying for workers under 
     subsection (a)(1) shall offer to pay, and shall pay, all 
     workers in the occupation for which the employer has applied 
     for workers, not less (and is not required to pay more) than 
     the greater of the prevailing wage in the occupation in the 
     area of intended employment or the adverse effect wage rate. 
     No worker shall be paid less than the greater of the hourly 
     wage prescribed under section 6(a)(1) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 206(a)(1)) or the applicable 
     State minimum wage.
       ``(ii) Limitation.--Effective on the date of the enactment 
     of the AgJOBS Act of 2006, and continuing for 3 years 
     thereafter, no adverse effect wage rate for a State may be 
     more than the adverse effect wage rate for that State in 
     effect on January 1, 2003, as established by section 655.107 
     of title 20, Code of Federal Regulations.
       ``(iii) Required wages after 3-year freeze.--

       ``(I) First adjustment.--If Congress does not set a new 
     wage standard applicable to this subsection before the first 
     March 1 that is not less than 3 years after the date of the 
     enactment of AgJOBS Act of 2006, the adverse effect wage rate 
     for each State beginning on such March 1 shall be the wage 
     rate that would have resulted if the adverse effect wage rate 
     in effect on January 1, 2003, had been annually adjusted, 
     beginning on March 1, 2006, by the lesser of--

       ``(aa) the 12 month percentage change in the Consumer Price 
     Index for All Urban Consumers between December of the second 
     preceding year and December of the preceding year; and
       ``(bb) 4 percent.

       ``(II) Subsequent annual adjustments.--Beginning on the 
     first March 1 that is not less than 4 years after the date of 
     the enactment of the AgJOBS Act of 2006, and each March 1 
     thereafter, the adverse effect wage rate then in effect for 
     each State shall be adjusted by the lesser of--

       ``(aa) the 12 month percentage change in the Consumer Price 
     Index for All Urban Consumers between December of the second 
     preceding year and December of the preceding year; and
       ``(bb) 4 percent.
       ``(iv) Deductions.--The employer shall make only those 
     deductions from the worker's wages that are authorized by law 
     or are reasonable and customary in the occupation and area of 
     employment. The job offer shall specify all deductions not 
     required by law which the employer will make from the 
     worker's wages.
       ``(v) Frequency of pay.--The employer shall pay the worker 
     not less frequently than twice monthly, or in accordance with 
     the prevailing practice in the area of employment, whichever 
     is more frequent.
       ``(vi) Hours and earnings statements.--The employer shall 
     furnish to the worker, on or before each payday, in 1 or more 
     written statements--

       ``(I) the worker's total earnings for the pay period;
       ``(II) the worker's hourly rate of pay, piece rate of pay, 
     or both;
       ``(III) the hours of employment which have been offered to 
     the worker (broken out by hours offered in accordance with 
     and over and above the 75 percent guarantee described in 
     subparagraph (D);
       ``(IV) the hours actually worked by the worker;
       ``(V) an itemization of the deductions made from the 
     worker's wages; and
       ``(VI) if piece rates of pay are used, the units produced 
     daily.

       ``(vii) Report on wage protections.--Not later than 
     December 31, 2008, the Comptroller General of the United 
     States shall prepare and transmit to the Secretary of Labor, 
     the Committee on the Judiciary of the Senate, and Committee 
     on the Judiciary of the House of Representatives, a report 
     that addresses--

       ``(I) whether the employment of H-2A or unauthorized aliens 
     in the United States agricultural work force has depressed 
     United States farm worker wages below the levels that would 
     otherwise have prevailed if alien farm workers had not been 
     employed in the United States;
       ``(II) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(III) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(IV) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage; and
       ``(V) recommendations for future wage protection under this 
     subsection.

       ``(viii) Commission on wage standards.--

       ``(I) Establishment.--There is established the Commission 
     on Agricultural Wage Standards under the H-2A program 
     (referred to in this clause as the `Commission').
       ``(II) Composition.--The Commission shall consist of 10 
     members, of which--

       ``(aa) 4 shall be representatives of agricultural employers 
     and 1 shall be a representative of the Department of 
     Agriculture, each appointed by the Secretary of Agriculture; 
     and
       ``(bb) 4 shall be representatives of agricultural workers 
     and 1 shall be a representative of the Department of Labor, 
     each appointed by the Secretary of Labor.

       ``(III) Functions.--The Commission shall conduct a study 
     that addresses--

       ``(aa) whether the employment of H-2A or unauthorized 
     aliens in the United States agricultural workforce has 
     depressed United States farm worker wages below the levels 
     that would otherwise have prevailed if alien

[[Page S5009]]

     farm workers had not been employed in the United States;
       ``(bb) whether an adverse effect wage rate is necessary to 
     prevent wages of United States farm workers in occupations in 
     which H-2A workers are employed from falling below the wage 
     levels that would have prevailed in the absence of the 
     employment of H-2A workers in those occupations;
       ``(cc) whether alternative wage standards, such as a 
     prevailing wage standard, would be sufficient to prevent 
     wages in occupations in which H-2A workers are employed from 
     falling below the wage level that would have prevailed in the 
     absence of H-2A employment;
       ``(dd) whether any changes are warranted in the current 
     methodologies for calculating the adverse effect wage rate 
     and the prevailing wage rate; and
       ``(ee) recommendations for future wage protection under 
     this subsection.

       ``(IV) Final report.--Not later than December 31, 2008, the 
     Commission shall submit a report to the Congress setting 
     forth the findings of the study conducted under subclause 
     (III).
       ``(V) Termination date.--The Commission shall terminate 
     upon submitting its final report.

       ``(D) Guarantee of employment.--
       ``(i) Offer to worker.--The employer shall guarantee to 
     offer the worker employment for the hourly equivalent of at 
     least 75 percent of the work days of the total period of 
     employment, beginning with the first work day after the 
     arrival of the worker at the place of employment and ending 
     on the expiration date specified in the job offer. In this 
     clause, `the hourly equivalent' means the number of hours in 
     the work days as stated in the job offer and shall exclude 
     the worker's Sabbath and Federal holidays. If the employer 
     affords the United States or H-2A worker less employment than 
     that required under this subparagraph, the employer shall pay 
     such worker the amount which the worker would have earned had 
     the worker worked for the guaranteed number of hours.
       ``(ii) Failure to work.--Any hours which the worker fails 
     to work, up to a maximum of the number of hours specified in 
     the job offer for a work day, if the worker has been offered 
     an opportunity to so work, and all hours of work actually 
     performed (including voluntary work in excess of the number 
     of hours specified in the job offer in a work day, on the 
     worker's Sabbath, or on Federal holidays) may be counted by 
     the employer in calculating whether the period of guaranteed 
     employment has been met.
       ``(iii) Abandonment of employment, termination for cause.--
     If the worker voluntarily abandons employment before the end 
     of the contract period, or is terminated for cause, the 
     worker is not entitled to the 75 percent guarantee described 
     in clause (i).
       ``(iv) Contract impossibility.--If, before the expiration 
     of the period of employment specified in the job offer, the 
     services of the worker are no longer required for reasons 
     beyond the control of the employer due to any form of natural 
     disaster, including flood, hurricane, freeze, earthquake, 
     fire, drought, plant or animal disease or pest infestation, 
     or regulatory drought, before the guarantee in clause (i) is 
     fulfilled, the employer may terminate the worker's 
     employment. In the event of such termination, the employer 
     shall fulfill the employment guarantee in clause (i) for the 
     work days that have elapsed from the first work day after the 
     arrival of the worker to the termination of employment. In 
     such cases, the employer will make efforts to transfer the 
     United States worker to other comparable employment 
     acceptable to the worker. If such transfer is not effected, 
     the employer shall provide the return transportation required 
     in subparagraph (B)(iv).
       ``(E) Motor vehicle safety.--
       ``(i) Mode of transportation subject to coverage.--

       ``(I) In general.--Except as provided in subclauses (III) 
     and (IV), this subparagraph applies to any H-2A employer that 
     uses or causes to be used any vehicle to transport an H-2A 
     worker within the United States.
       ``(II) Defined term.--In this subparagraph, the term `uses 
     or causes to be used'--

       ``(aa) applies only to transportation provided by an H-2A 
     employer to an H-2A worker, or by a farm labor contractor to 
     an H-2A worker at the request or direction of an H-2A 
     employer; and
       ``(bb) does not apply to--

       ``(AA) transportation provided, or transportation 
     arrangements made, by an H-2A worker, unless the employer 
     specifically requested or arranged such transportation; or
       ``(BB) car pooling arrangements made by H-2A workers 
     themselves, using 1 of the workers' own vehicles, unless 
     specifically requested by the employer directly or through a 
     farm labor contractor.
       ``(III) Clarification.--Providing a job offer to an H-2A 
     worker that causes the worker to travel to or from the place 
     of employment, or the payment or reimbursement of the 
     transportation costs of an H-2A worker by an H-2A employer, 
     shall not constitute an arrangement of, or participation in, 
     such transportation.
       ``(IV) Agricultural machinery and equipment excluded.--This 
     subparagraph does not apply to the transportation of an H-2A 
     worker on a tractor, combine, harvester, picker, or other 
     similar machinery or equipment while such worker is actually 
     engaged in the planting, cultivating, or harvesting of 
     agricultural commodities or the care of livestock or poultry 
     or engaged in transportation incidental to such activities.
       ``(V) Common carriers excluded.--This subparagraph does not 
     apply to common carrier motor vehicle transportation in which 
     the provider holds itself out to the general public as 
     engaging in the transportation of passengers for hire and 
     holds a valid certification of authorization for such 
     purposes from an appropriate Federal, State, or local agency.

       ``(ii) Applicability of standards, licensing, and insurance 
     requirements.--

       ``(I) In general.--When using, or causing to be used, any 
     vehicle for the purpose of providing transportation to which 
     this subparagraph applies, each employer shall--

       ``(aa) ensure that each such vehicle conforms to the 
     standards prescribed by the Secretary of Labor under section 
     401(b) of the Migrant and Seasonal Agricultural Worker 
     Protection Act (29 U.S.C. 1841(b)) and other applicable 
     Federal and State safety standards;
       ``(bb) ensure that each driver has a valid and appropriate 
     license, as provided by State law, to operate the vehicle; 
     and
       ``(cc) have an insurance policy or a liability bond that is 
     in effect which insures the employer against liability for 
     damage to persons or property arising from the ownership, 
     operation, or causing to be operated, of any vehicle used to 
     transport any H-2A worker.

       ``(II) Amount of insurance required.--The level of 
     insurance required under subclause (I)(cc) shall be 
     determined by the Secretary of Labor pursuant to regulations 
     to be issued under this paragraph.
       ``(III) Effect of workers' compensation coverage.--If the 
     employer of any H-2A worker provides workers' compensation 
     coverage for such worker in the case of bodily injury or 
     death as provided by State law, the following adjustments in 
     the requirements of clause (ii)(I)(cc) relating to having an 
     insurance policy or liability bond apply:

       ``(aa) No insurance policy or liability bond shall be 
     required of the employer, if such workers are transported 
     only under circumstances for which there is coverage under 
     such State law.
       ``(bb) An insurance policy or liability bond shall be 
     required of the employer for circumstances under which 
     coverage for the transportation of such workers is not 
     provided under such State law.
       ``(3) Compliance with labor laws.--An employer shall assure 
     that, except as otherwise provided under this subsection, the 
     employer will comply with all applicable Federal, State, and 
     local labor laws, including laws affecting migrant and 
     seasonal agricultural workers, with respect to all United 
     States workers and alien workers employed by the employer, 
     except that a violation of this assurance shall not 
     constitute a violation of the Migrant and Seasonal 
     Agricultural Worker Protection Act (29 U.S.C. 1801 et seq.).
       ``(4) Copy of job offer.--The employer shall provide to the 
     worker, not later than the day the work commences, a copy of 
     the employer's application and job offer described in 
     subsection (a)(1), or, if the employer will require the 
     worker to enter into a separate employment contract covering 
     the employment in question, such separate employment 
     contract.
       ``(5) Range production of livestock.--Nothing in this 
     section shall preclude the Secretary of Labor and the 
     Secretary from continuing to apply special procedures and 
     requirements to the admission and employment of aliens in 
     occupations involving the range production of livestock.
       ``(c) Procedure for Admission and Extension of Stay.--
       ``(1) Petitioning for admission.--An employer, or an 
     association acting as an agent or joint employer for its 
     members, that seeks the admission of an H-2A worker into the 
     United States may file a petition with the Secretary. The 
     petition shall be accompanied by an accepted and currently 
     valid certification provided by the Secretary of Labor under 
     subsection (a)(5)(B)(ii) covering the petitioner.
       ``(2) Expedited adjudication by the secretary.--The 
     Secretary shall establish a procedure for the expedited 
     adjudication of petitions filed under paragraph (1). Not 
     later than 7 working days after the receipt of such a 
     petition, the Secretary shall, by fax, cable, or other means 
     assuring expedited delivery, transmit a copy of notice of 
     action on the petition to the petitioner and, in the case of 
     approved petitions, to the appropriate immigration officer at 
     the port of entry or United States consulate if the 
     petitioner has indicated that the alien beneficiary or 
     beneficiaries will apply for a visa or admission to the 
     United States.
       ``(3) Criteria for admissibility.--
       ``(A) In general.--An H-2A worker shall be considered 
     admissible to the United States if the alien is otherwise 
     admissible under this section and the alien is not ineligible 
     under subparagraph (B).
       ``(B) Disqualification.--An alien shall be considered 
     inadmissible to the United States and ineligible for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a) if the 
     alien has, at any time during the past 5 years--
       ``(i) violated a material provision of this subsection, 
     including the requirement to promptly depart the United 
     States when the alien's authorized period of admission under 
     this subsection has expired; or
       ``(ii) otherwise violated a term or condition of admission 
     into the United States as a nonimmigrant, including 
     overstaying the period

[[Page S5010]]

     of authorized admission as such a nonimmigrant.
       ``(C) Waiver of ineligibility for unlawful presence.--
       ``(i) In general.--An alien who has not previously been 
     admitted into the United States pursuant to this subsection, 
     and who is otherwise eligible for admission in accordance 
     with subparagraphs (A) and (B), shall not be deemed 
     inadmissible under section 212(a)(9)(B). If an alien 
     described in the preceding sentence is present in the United 
     States, the alien may apply from abroad for H-2A status, but 
     may not be granted that status in the United States.
       ``(ii) Maintenance of waiver.--An alien provided an initial 
     waiver of ineligibility pursuant to clause (i) shall remain 
     eligible for such waiver unless the alien violates the terms 
     of this section or again becomes ineligible under section 
     212(a)(9)(B) by virtue of unlawful presence in the United 
     States after the date of the initial waiver of ineligibility 
     under clause (i).
       ``(4) Period of admission.--
       ``(A) In general.--The alien shall be admitted for the 
     period of employment in the application certified by the 
     Secretary of Labor pursuant to subsection (a)(5)(B)(ii), not 
     to exceed 10 months, supplemented by a period of not more 
     than 1 week before the beginning of the period of employment 
     for the purpose of travel to the work site and a period of 14 
     days following the period of employment for the purpose of 
     departure or extension based on a subsequent offer of 
     employment, except that--
       ``(i) the alien is not authorized to be employed during 
     such 14-day period except in the employment for which the 
     alien was previously authorized; and
       ``(ii) the total period of employment, including such 14-
     day period, may not exceed 10 months.
       ``(B) Construction.--Nothing in this paragraph shall limit 
     the authority of the Secretary to extend the stay of the 
     alien under any other provision of this Act.
       ``(5) Abandonment of employment.--
       ``(A) In general.--An alien admitted or provided status 
     under section 101(a)(15)(H)(ii)(a) who abandons the 
     employment which was the basis for such admission or status 
     shall be considered to have failed to maintain nonimmigrant 
     status as an H-2A worker and shall depart the United States 
     or be subject to removal under section 237(a)(1)(C)(i).
       ``(B) Report by employer.--The employer, or association 
     acting as agent for the employer, shall notify the Secretary 
     not later than 7 days after an H-2A worker prematurely 
     abandons employment.
       ``(C) Removal by the secretary.--The Secretary shall 
     promptly remove from the United States any H-2A worker who 
     violates any term or condition of the worker's nonimmigrant 
     status.
       ``(D) Voluntary termination.--Notwithstanding subparagraph 
     (A), an alien may voluntarily terminate the alien's 
     employment if the alien promptly departs the United States 
     upon termination of such employment.
       ``(6) Replacement of alien.--
       ``(A) In general.--Upon notification to the Secretary under 
     paragraph (5)(B), the Secretary of State shall promptly issue 
     a visa to, and the Secretary shall admit into the United 
     States, an eligible alien designated by the employer to 
     replace an H-2A worker--
       ``(i) who abandons or prematurely terminates employment; or
       ``(ii) whose employment is terminated after a United States 
     worker is employed pursuant to subsection 
     (a)(2)(B)(viii)(III), if the United States worker voluntarily 
     departs before the end of the period of intended employment 
     or if the employment termination is for a lawful job-related 
     reason.
       ``(B) Construction.--Nothing in this paragraph shall limit 
     any preference required to be accorded United States workers 
     under any other provision of this Act.
       ``(7) Identification document.--
       ``(A) In general.--Each alien authorized to be admitted 
     under section 101(a)(15)(H)(ii)(a) shall be provided an 
     identification and employment eligibility document to verify 
     eligibility for employment in the United States and verify 
     such person's proper identity.
       ``(B) Requirements.--An identification and employment 
     eligibility document may be issued only if it meets the 
     following requirements:
       ``(i) The document shall be capable of reliably determining 
     whether--

       ``(I) the individual with the identification and employment 
     eligibility document whose eligibility is being verified is 
     in fact eligible for employment;

       ``(II) the individual whose eligibility is being verified 
     is claiming the identity of another person; and
       ``(III) the individual whose eligibility is being verified 
     is authorized to be admitted into, and employed in, the 
     United States as an H-2A worker.

       ``(ii) The document shall be in a form that is resistant to 
     counterfeiting and to tampering.
       ``(iii) The document shall--

       ``(I) be compatible with other databases of the Secretary 
     for the purpose of excluding aliens from benefits for which 
     they are not eligible and determining whether the alien is 
     unlawfully present in the United States; and
       ``(II) be compatible with law enforcement databases to 
     determine if the alien has been convicted of criminal 
     offenses.

       ``(8) Extension of stay in the united states.--
       ``(A) Extension of stay.--If an employer seeks approval to 
     employ an H-2A alien who is lawfully present in the United 
     States, the petition filed by the employer or an association 
     pursuant to paragraph (1), shall request an extension of the 
     alien's stay and a change in the alien's employment.
       ``(B) Limitation on filing a petition for extension of 
     stay.--A petition may not be filed for an extension of an 
     alien's stay--
       ``(i) for a period of more than 10 months; or
       ``(ii) to a date that is more than 3 years after the date 
     of the alien's last admission to the United States under this 
     subsection.
       ``(C) Work authorization upon filing a petition for 
     extension of stay.--
       ``(i) In general.--An alien who is lawfully present in the 
     United States may commence the employment described in a 
     petition under subparagraph (A) on the date on which the 
     petition is filed.
       ``(ii) Definition.--In clause (i), the term `file' means 
     sending the petition by certified mail via the United States 
     Postal Service, return receipt requested, or delivered by 
     guaranteed commercial delivery which will provide the 
     employer with a documented acknowledgment of the date of 
     receipt of the petition.
       ``(iii) Handling of petition.--The employer shall provide a 
     copy of the employer's petition to the alien, who shall keep 
     the petition with the alien's identification and employment 
     eligibility document as evidence that the petition has been 
     filed and that the alien is authorized to work in the United 
     States.
       ``(iv) Approval of petition.--Upon approval of a petition 
     for an extension of stay or change in the alien's authorized 
     employment, the Secretary shall provide a new or updated 
     employment eligibility document to the alien indicating the 
     new validity date, after which the alien is not required to 
     retain a copy of the petition.
       ``(D) Limitation on employment authorization of aliens 
     without valid identification and employment eligibility 
     document.--An expired identification and employment 
     eligibility document, together with a copy of a petition for 
     extension of stay or change in the alien's authorized 
     employment that complies with the requirements of 
     subparagraph (A), shall constitute a valid work authorization 
     document for a period of not more than 60 days beginning on 
     the date on which such petition is filed, after which time 
     only a currently valid identification and employment 
     eligibility document shall be acceptable.
       ``(E) Limitation on an individual's stay in status.--
       ``(i) Maximum period.--The maximum continuous period of 
     authorized status as an H-2A worker (including any 
     extensions) is 3 years.
       ``(ii) Requirement to remain outside the united states.--

       ``(I) In general.--Subject to subclause (II), in the case 
     of an alien outside the United States whose period of 
     authorized status as an H-2A worker (including any 
     extensions) has expired, the alien may not again apply for 
     admission to the United States as an H-2A worker unless the 
     alien has remained outside the United States for a continuous 
     period equal to at least 20 percent of the duration of the 
     alien's previous period of authorized status as an H-2A 
     worker (including any extensions).
       ``(II) Exception.--Subclause (I) shall not apply if the 
     alien's period of authorized status as an H-2A worker 
     (including any extensions) was for a period of not more than 
     10 months and such alien has been outside the United States 
     for at least 2 months during the 12 months preceding the date 
     the alien again is applying for admission to the United 
     States as an H-2A worker.

       ``(9) Special rules for aliens employed as sheepherders, 
     goat herders, or dairy workers.--Notwithstanding any 
     provision of the AgJOBS Act of 2006, an alien admitted under 
     section 101(a)(15)(H)(ii)(a) for employment as a sheepherder, 
     goat herder, or dairy worker--
       ``(A) may be admitted for an initial period of 12 months;
       ``(B) subject to paragraph (10)(E), may have such initial 
     period of admission extended for a period of up to 3 years; 
     and
       ``(C) shall not be subject to the requirements of paragraph 
     (8)(E).
       ``(10) Adjustment to lawful permanent resident status for 
     aliens employed as sheepherders, goat herders, or dairy 
     workers.--
       ``(A) Eligible alien.--In this paragraph, the term 
     `eligible alien' means an alien--
       ``(i) having nonimmigrant status under section 
     101(a)(15)(H)(ii)(a) based on employment as a sheepherder, 
     goat herder, or dairy worker;
       ``(ii) who has maintained such nonimmigrant status in the 
     United States for a cumulative total of 36 months (excluding 
     any period of absence from the United States); and
       ``(iii) who is seeking to receive an immigrant visa under 
     section 203(b)(3)(A)(iii).
       ``(B) Classification petition.--In the case of an eligible 
     alien, the petition under section 204 for classification 
     under section 203(b)(3)(A)(iii) may be filed by--
       ``(i) the alien's employer on behalf of an eligible alien; 
     or
       ``(ii) the eligible alien.
       ``(C) No labor certification required.--Notwithstanding 
     section 203(b)((3)(C), no determination under section 
     212(a)(5)(A) is required with respect to an immigrant visa 
     for

[[Page S5011]]

     an eligible alien under section 203(b)(3)(A)(iii).
       ``(D) Effect of petition.--The filing of a petition 
     described in subparagraph (B) or an application for 
     adjustment of status based on the approval of such a 
     petition, shall not constitute evidence of an alien's 
     ineligibility for nonimmigrant status under section 
     101(a)(15)(H)(ii)(a).
       ``(E) Extension of stay.--The Secretary shall extend the 
     stay of an eligible alien having a pending or approved 
     classification petition described in subparagraph (B) in 1-
     year increments until a final determination is made on the 
     alien's eligibility for adjustment of status to that of an 
     alien lawfully admitted for permanent residence.
       ``(F) Construction.--Nothing in this paragraph shall be 
     construed to prevent an eligible alien from seeking 
     adjustment of status in accordance with any other provision 
     of law.
       ``(d) Worker Protections and Labor Standards Enforcement.--
       ``(1) Enforcement authority.--
       ``(A) Investigation of complaints.--
       ``(i) Aggrieved person or third-party complaints.--The 
     Secretary of Labor shall establish a process for the receipt, 
     investigation, and disposition of complaints respecting a 
     petitioner's failure to meet a condition under subsection 
     (a)(2), or an employer's misrepresentation of material facts 
     in an application under subsection (a)(1). Complaints may be 
     filed by any aggrieved person or organization (including 
     bargaining representatives). No investigation or hearing 
     shall be conducted on a complaint concerning such a failure 
     or misrepresentation unless the complaint was filed not later 
     than 12 months after the date of the failure, or 
     misrepresentation, respectively. The Secretary of Labor shall 
     conduct an investigation under this clause if there is 
     reasonable cause to believe that such a failure or 
     misrepresentation has occurred.
       ``(ii) Determination on complaint.--Under such process, the 
     Secretary of Labor shall provide, not later than 30 days 
     after the date such a complaint is filed, for a determination 
     as to whether or not a reasonable basis exists to make a 
     finding described in clause (iii), (iv), (v), or (vii). If 
     the Secretary of Labor determines that such a reasonable 
     basis exists, the Secretary of Labor shall provide for notice 
     of such determination to the interested parties and an 
     opportunity for a hearing on the complaint, in accordance 
     with section 556 of title 5, United States Code, not later 
     than 60 days after the date of the determination. If such a 
     hearing is requested, the Secretary of Labor shall make a 
     finding concerning the matter not later than 60 days after 
     the date of the hearing. In the case of similar complaints 
     respecting the same applicant, the Secretary of Labor may 
     consolidate the hearings under this clause on such 
     complaints.
       ``(iii) Failures to meet conditions.--If the Secretary of 
     Labor finds, after notice and opportunity for a hearing, a 
     failure to meet a condition of subparagraph (A)(i), (A)(ii), 
     (A)(iv), (A)(vi), (B)(i), (B)(ii), or (B)(vii) of subsection 
     (a)(2), a substantial failure to meet a condition of 
     subparagraph (A)(iii), (A)(v), (B)(iii), (B)(iv), (B)(v), or 
     (B)(viii) of subsection (a)(2), or a material 
     misrepresentation of fact in an application under subsection 
     (a)(1)--

       ``(I) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $1,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(II) the Secretary may disqualify the employer from the 
     employment of aliens described in section 
     101(a)(15)(H)(ii)(a) for a period of 1 year.

       ``(iv) Willful failures and willful misrepresentations.--If 
     the Secretary of Labor finds, after notice and opportunity 
     for hearing, a willful failure to meet a condition of 
     subsection (a)(2), a willful misrepresentation of a material 
     fact in an application under subsection (a)(2), or a 
     violation of paragraph (4)(A)--

       ``(I) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $5,000 per violation) as the 
     Secretary of Labor determines to be appropriate;
       ``(II) the Secretary of Labor may seek appropriate legal or 
     equitable relief to effectuate the purposes of paragraph 
     (4)(A); and
       ``(III) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 2 years.

       ``(v) Displacement of united states workers.--If the 
     Secretary of Labor finds, after notice and opportunity for 
     hearing, a willful failure to meet a condition of subsection 
     (a)(2) or a willful misrepresentation of a material fact in 
     an application under subsection (a)(1), in the course of 
     which failure or misrepresentation the employer displaced a 
     United States worker employed by the employer during the 
     period of employment on the employer's application under 
     subsection (a)(1) or during the 30-day period preceding such 
     period of employment--

       ``(I) the Secretary of Labor shall notify the Secretary of 
     such finding and may, in addition, impose such other 
     administrative remedies (including civil money penalties in 
     an amount not to exceed $15,000 per violation) as the 
     Secretary of Labor determines to be appropriate; and
       ``(II) the Secretary may disqualify the employer from the 
     employment of H-2A workers for a period of 3 years.

       ``(vi) Limitations on civil money penalties.--The Secretary 
     of Labor shall not impose total civil money penalties with 
     respect to an application under subsection (a)(1) in excess 
     of $90,000.
       ``(vii) Failures to pay wages or required benefits.--If the 
     Secretary of Labor finds, after notice and opportunity for a 
     hearing, that the employer has failed to pay the wages, or 
     provide the housing allowance, transportation, subsistence 
     reimbursement, or guarantee of employment, required under 
     subsection (b)(2), the Secretary of Labor shall assess 
     payment of back wages, or other required benefits, due any 
     United States worker or H-2A worker employed by the employer 
     in the specific employment in question. The back wages or 
     other required benefits under subsection (b)(2) shall be 
     equal to the difference between the amount that should have 
     been paid and the amount that actually was paid to such 
     worker.
       ``(B) Statutory construction.--Nothing in this subsection 
     shall be construed as limiting the authority of the Secretary 
     of Labor to conduct any compliance investigation under any 
     other labor law, including any law affecting migrant and 
     seasonal agricultural workers, or, in the absence of a 
     complaint under this section.
       ``(2) Rights enforceable by private right of action.--H-2A 
     workers may enforce the following rights through the private 
     right of action provided in paragraph (3), and no other right 
     of action shall exist under Federal or State law to enforce 
     such rights:
       ``(A) The providing of housing or a housing allowance as 
     required under subsection (b)(2)(A).
       ``(B) The reimbursement of transportation as required under 
     subsection (b)(2)(B).
       ``(C) The payment of wages required under subsection 
     (b)(2)(C) when due.
       ``(D) The benefits and material terms and conditions of 
     employment expressly provided in the job offer described in 
     subsection (a)(1)(B), not including the assurance to comply 
     with other Federal, State, and local labor laws described in 
     subsection (b)(3), compliance with which shall be governed by 
     the provisions of such laws.
       ``(E) The guarantee of employment required under subsection 
     (b)(2)(D).
       ``(F) The motor vehicle safety requirements under 
     subsection (b)(2)(E).
       ``(G) The prohibition of discrimination under paragraph 
     (4)(B).
       ``(3) Private right of action.--
       ``(A) Mediation.--
       ``(i) In general.--Upon the filing of a complaint by an H-
     2A worker aggrieved by a violation of rights enforceable 
     under paragraph (2), and not later than 60 days after the 
     filing of proof of service of the complaint, a party to the 
     action may file a request with the Federal Mediation and 
     Conciliation Service to assist the parties in reaching a 
     satisfactory resolution of all issues involving all parties 
     to the dispute. Upon a filing of such request and giving of 
     notice to the parties, the parties shall attempt mediation 
     within the period specified in clause (iii).
       ``(ii) Mediation services.--The Federal Mediation and 
     Conciliation Service shall be available to assist in 
     resolving disputes arising under paragraph (2) between H-2A 
     workers and agricultural employers without charge to the 
     parties.
       ``(iii) 90-day limit.--The Federal Mediation and 
     Conciliation Service may conduct mediation or other non-
     binding dispute resolution activities for a period not to 
     exceed 90 days beginning on the date on which the Federal 
     Mediation and Conciliation Service receives the request for 
     assistance unless the parties agree to an extension of this 
     period of time.
       ``(iv) Authorization.--

       ``(I) In general.--Subject to subclause (II), there are 
     authorized to be appropriated to the Federal Mediation and 
     Conciliation Service $500,000 for each fiscal year to carry 
     out this subsection.
       ``(II) Mediation.--Notwithstanding any other provision of 
     law, the Director of the Federal Mediation and Conciliation 
     Service is authorized to conduct the mediation or other 
     dispute resolution activities from any other appropriated 
     funds available to the Director and to reimburse such 
     appropriated funds when the funds are appropriated pursuant 
     to subclause (I). Such reimbursement shall be credited to 
     appropriations available at the time of receipt.

       ``(B) Maintenance of civil action in district court by 
     aggrieved person.--An H-2A worker aggrieved by a violation of 
     rights enforceable under paragraph (2) by an agricultural 
     employer or other person may file suit in any district court 
     of the United States having jurisdiction of the parties, 
     without regard to the amount in controversy, without regard 
     to the citizenship of the parties, and without regard to the 
     exhaustion of any alternative administrative remedies under 
     this section, not later than 3 years after the date the 
     violation occurs.
       ``(C) Election.--An H-2A worker who has filed an 
     administrative complaint with the Secretary of Labor may not 
     maintain a civil action under subparagraph (B) unless a 
     complaint based on the same violation filed with the 
     Secretary of Labor under paragraph (1)(A) is withdrawn before 
     the filing of such action, in which case the rights and 
     remedies available under this paragraph shall be exclusive.
       ``(D) Preemption of state contract rights.--Nothing in this 
     section shall be

[[Page S5012]]

     construed to diminish the rights and remedies of an H-2A 
     worker under any other Federal or State law or regulation or 
     under any collective bargaining agreement, except that no 
     court or administrative action shall be available under any 
     State contract law to enforce the rights created by this 
     section.
       ``(E) Waiver of rights prohibited.--Agreements by employees 
     purporting to waive or modify their rights under this section 
     shall be void as contrary to public policy, except that a 
     waiver or modification of the rights or obligations in favor 
     of the Secretary of Labor shall be valid for purposes of the 
     enforcement of this section. The preceding sentence may not 
     be construed to prohibit agreements to settle private 
     disputes or litigation.
       ``(F) Award of damages or other equitable relief.--
       ``(i) If the court finds that the respondent has 
     intentionally violated any of the rights enforceable under 
     paragraph (2), it shall award actual damages, if any, or 
     equitable relief.
       ``(ii) Any civil action brought under this paragraph shall 
     be subject to appeal as provided in chapter 83 of title 28, 
     United States Code.
       ``(G) Workers' compensation benefits; exclusive remedy.--
       ``(i) In general.--Notwithstanding any other provision of 
     this subsection, if the workers' compensation law of a State 
     is applicable and coverage is provided for an H-2A worker, 
     the workers' compensation benefits shall be the exclusive 
     remedy for the loss of such worker under this subsection in 
     the case of bodily injury or death, in accordance with such 
     workers' compensation law.
       ``(ii) Preclusion.--The exclusive remedy prescribed in 
     clause (i) precludes the recovery under subparagraph (F) of 
     actual damages for loss from an injury or death but does not 
     preclude other equitable relief, except that such relief 
     shall not include back or front pay or in any manner, 
     directly or indirectly, expand or otherwise alter or affect--

       ``(I) a recovery under a State workers' compensation law; 
     or
       ``(II) rights conferred under a State workers' compensation 
     law.

       ``(H) Tolling of statute of limitations.--If it is 
     determined under a State workers' compensation law that the 
     workers' compensation law is not applicable to a claim for 
     bodily injury or death of an H-2A worker, the statute of 
     limitations for bringing an action for actual damages for 
     such injury or death under this paragraph shall be tolled for 
     the period during which the claim for such injury or death 
     under such State workers' compensation law was pending. The 
     statute of limitations for an action for actual damages or 
     other equitable relief arising out of the same transaction or 
     occurrence as the injury or death of the H-2A worker shall be 
     tolled for the period during which the claim for such injury 
     or death was pending under the State workers' compensation 
     law.
       ``(I) Preclusive effect.--Any settlement by an H-2A worker 
     and an H-2A employer or any person reached through the 
     mediation process required under subparagraph (A) shall 
     preclude any right of action arising out of the same facts 
     between the parties in any Federal or State court or 
     administrative proceeding, unless specifically provided 
     otherwise in the settlement agreement.
       ``(J) Settlements.--Any settlement by the Secretary of 
     Labor with an H-2A employer on behalf of an H-2A worker of a 
     complaint filed with the Secretary of Labor under this 
     section or any finding by the Secretary of Labor under 
     paragraph (1)(A)(ii) shall preclude any right of action 
     arising out of the same facts between the parties under any 
     Federal or State court or administrative proceeding, unless 
     specifically provided otherwise in the settlement agreement.
       ``(4) Discrimination prohibited.--
       ``(A) In general.--It is a violation of this subsection for 
     any person who has filed an application under subsection 
     (a)(1), to intimidate, threaten, restrain, coerce, blacklist, 
     discharge, or in any other manner discriminate against an 
     employee (which term, for purposes of this subsection, 
     includes a former employee and an applicant for employment) 
     because the employee has disclosed information to the 
     employer, or to any other person, that the employee 
     reasonably believes evidences a violation of section 
     subsection (a) or (b), or any rule or regulation pertaining 
     to such subsections, or because the employee cooperates or 
     seeks to cooperate in an investigation or other proceeding 
     concerning the employer's compliance with the requirements 
     such subsections or any rule or regulation pertaining to 
     either of such subsections.
       ``(B) Discrimination against h-2a workers.--It is a 
     violation of this subsection for any person who has filed an 
     application under subsection (a)(1), to intimidate, threaten, 
     restrain, coerce, blacklist, discharge, or in any manner 
     discriminate against an H-2A employee because such worker 
     has, with just cause, filed a complaint with the Secretary of 
     Labor regarding a denial of the rights enumerated and 
     enforceable under paragraph (2) or instituted, or caused to 
     be instituted, a private right of action under paragraph (3) 
     regarding the denial of the rights under paragraph (2), or 
     has testified or is about to testify in any court proceeding 
     brought under paragraph (3).
       ``(5) Authorization to seek other appropriate employment.--
     The Secretary of Labor and the Secretary shall establish a 
     process under which an H-2A worker who files a complaint 
     regarding a violation of paragraph (4) and is otherwise 
     eligible to remain and work in the United States may be 
     allowed to seek other appropriate employment in the United 
     States for a period not to exceed the maximum period of stay 
     authorized for such nonimmigrant classification.
       ``(6) Role of associations.--
       ``(A) Violation by a member of an association.--An employer 
     on whose behalf an application is filed by an association 
     acting as its agent is fully responsible for such 
     application, and for complying with the terms and conditions 
     of subsections (a) and (b), as though the employer had filed 
     the application itself. If such an employer is determined, 
     under this section, to have committed a violation, the 
     penalty for such violation shall apply only to that member of 
     the association unless the Secretary of Labor determines that 
     the association or other member participated in, had 
     knowledge, or reason to know, of the violation, in which case 
     the penalty shall be invoked against the association or other 
     association member as well.
       ``(B) Violations by an association acting as an employer.--
     If an association filing an application as a sole or joint 
     employer is determined to have committed a violation under 
     this subsection, the penalty for such violation shall apply 
     only to the association unless the Secretary of Labor 
     determines that an association member or members participated 
     in or had knowledge, or reason to know of the violation, in 
     which case the penalty shall be invoked against the 
     association member or members as well.
       ``(e) Definitions.--In this section:
       ``(1) Agricultural employment.--The term `agricultural 
     employment' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 (26 U.S.C. 3121(g)), including employment under section 
     101(a)(15)(H)(ii)(a).
       ``(2) Bona fide union.--The term `bona fide union' means 
     any organization in which employees participate and which 
     exists for the purpose of dealing with employers concerning 
     grievances, labor disputes, wages, rates of pay, hours of 
     employment, or other terms and conditions of work for 
     agricultural employees. Such term does not include an 
     organization formed, created, administered, supported, 
     dominated, financed, or controlled by an employer or employer 
     association or its agents or representatives.
       ``(3) Displace.--The term `displace', in the case of an 
     application with respect to 1 or more H-2A workers by an 
     employer, means laying off a United States worker from a job 
     for which the H-2A worker or workers is or are sought.
       ``(4) Eligible.--The term `eligible', when used with 
     respect to an individual, means an individual who is not an 
     unauthorized alien (as defined in section 274A).
       ``(5) Employer.--The term `employer' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       ``(6) H-2a employer.--The term `H-2A employer' means an 
     employer who seeks to hire 1 or more H-2A workers.
       ``(7) H-2A worker.--The term `H-2A worker' means a 
     nonimmigrant described in section 101(a)(15)(H)(ii)(a).
       ``(8) Job opportunity.--The term `job opportunity' means a 
     job opening for temporary full-time employment at a place in 
     the United States to which United States workers can be 
     referred.
       ``(9) Lays off.--
       ``(A) In general.--The term `lays off', with respect to a 
     worker--
       ``(i) means to cause the worker's loss of employment, other 
     than through a discharge for inadequate performance, 
     violation of workplace rules, cause, voluntary departure, 
     voluntary retirement, contract impossibility (as described in 
     subsection (b)(1)(B)(iv)), or temporary layoffs due to 
     weather, markets, or other temporary conditions; but
       ``(ii) does not include any situation in which the worker 
     is offered, as an alternative to such loss of employment, a 
     similar employment opportunity with the same employer (or, in 
     the case of a placement of a worker with another employer 
     under section 218(b)(2)(E), with either employer described in 
     such section) at equivalent or higher compensation and 
     benefits than the position from which the employee was 
     discharged, regardless of whether or not the employee accepts 
     the offer.
       ``(B) Statutory construction.--Nothing in this paragraph is 
     intended to limit an employee's rights under a collective 
     bargaining agreement or other employment contract.
       ``(10) Regulatory drought.--The term `regulatory drought' 
     means a decision subsequent to the filing of the application 
     under subsection (a) by an entity that is not under the 
     control of the employer making such filing which restricts 
     the employer's access to water for irrigation purposes and 
     reduces or limits the employer's ability to produce an 
     agricultural commodity, thereby reducing the need for labor.
       ``(11) Seasonal.--Labor is performed on a `seasonal' basis 
     if--
       ``(A) ordinarily, it pertains to or is of the kind 
     exclusively performed at certain seasons or periods of the 
     year; and
       ``(B) from its nature, it may not be continuous or carried 
     on throughout the year.
       ``(12) Secretary.--The term `Secretary' means the Secretary 
     of Homeland Security.

[[Page S5013]]

       ``(13) Temporary.--A worker is employed on a `temporary' 
     basis where the employment is intended not to exceed 10 
     months.
       ``(14) United states worker.--The term `United States 
     worker' means any worker, whether a United States citizen or 
     national, a lawfully admitted permanent resident alien, or 
     any other alien, who is authorized to work in the job 
     opportunity within the United States, except an alien 
     admitted or otherwise provided status under section 
     101(a)(15)(H)(ii)(a).''.

                  CHAPTER 3--MISCELLANEOUS PROVISIONS

     SEC. 616. DETERMINATION AND USE OF USER FEES.

       (a) Schedule of Fees.--The Secretary shall establish and 
     periodically adjust a schedule of fees for the employment of 
     aliens under this subtitle and the amendments made by this 
     subtitle, and a collection process for such fees from 
     employers participating in the program provided under this 
     subtitle. Such fees shall be the only fees chargeable to 
     employers for services provided under this subtitle.
       (b) Determination of Schedule.--
       (1) In general.--The schedule under subsection (a) shall 
     reflect a fee rate based on the number of job opportunities 
     indicated in the employer's application under section 218 of 
     the Immigration and Nationality Act, as added by section 615 
     of this Act, and sufficient to provide for the direct costs 
     of providing services related to an employer's authorization 
     to employ eligible aliens pursuant to this subtitle, to 
     include the certification of eligible employers, the issuance 
     of documentation, and the admission of eligible aliens.
       (2) Procedure.--
       (A) In general.--In establishing and adjusting such a 
     schedule, the Secretary shall comply with Federal cost 
     accounting and fee setting standards.
       (B) Publication and comment.--The Secretary shall publish 
     in the Federal Register an initial fee schedule and 
     associated collection process and the cost data or estimates 
     upon which such fee schedule is based, and any subsequent 
     amendments thereto, pursuant to which public comment shall be 
     sought and a final rule issued.
       (c) Use of Proceeds.--Notwithstanding any other provision 
     of law, all proceeds resulting from the payment of the alien 
     employment user fees shall be available without further 
     appropriation and shall remain available without fiscal year 
     limitation to reimburse the Secretary, the Secretary of 
     State, and the Secretary of Labor for the costs of carrying 
     out subsections (a) and (c) of the Immigration and 
     Nationality Act, as added by section 615 of this Act, and the 
     provisions of this subtitle.

     SEC. 617. REGULATIONS.

       (a) Regulations of the Secretary.--The Secretary shall 
     consult with the Secretary of Labor and the Secretary of 
     Agriculture on all regulations to implement the duties of the 
     Secretary under this subtitle and the amendments made by this 
     subtitle.
       (b) Regulations of the Secretary of State.--The Secretary 
     of State shall consult with the Secretary, the Secretary of 
     Labor, and the Secretary of Agriculture on all regulations to 
     implement the duties of the Secretary of State under this 
     subtitle and the amendments made by this subtitle.
       (c) Regulations of the Secretary of Labor.--The Secretary 
     of Labor shall consult with the Secretary of Agriculture and 
     the Secretary on all regulations to implement the duties of 
     the Secretary of Labor under this subtitle and the amendments 
     made by this subtitle.
       (d) Deadline for Issuance of Regulations.--All regulations 
     to implement the duties of the Secretary, the Secretary of 
     State, and the Secretary of Labor created under section 218 
     of the Immigration and Nationality Act, as added by section 
     615 of this Act, shall be issued not later than 1 year after 
     the date of the enactment of this Act.

     SEC. 618. REPORT TO CONGRESS.

       Not later than September 30 of each year, the Secretary 
     shall submit a report to Congress that identifies, for the 
     previous year--
       (1) the number of job opportunities approved for employment 
     of aliens admitted under section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)), and the number of workers actually 
     admitted, by State and by occupation;
       (2) the number of such aliens reported to have abandoned 
     employment pursuant to section 218(c)(5)(B) of such Act;
       (3) the number of such aliens who departed the United 
     States within the period specified in subsection 218(c)(4) of 
     such Act;
       (4) the number of aliens who applied for adjustment of 
     status pursuant to section 613(a);
       (5) the number of such aliens whose status was adjusted 
     under section 613(a);
       (6) the number of aliens who applied for permanent 
     residence pursuant to section 613(c); and
       (7) the number of such aliens who were approved for 
     permanent residence pursuant section 613(c).
                                 ______
                                 
  SA 4175. Mr. REID submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF CONGRESS ON SOCIAL SECURITY BENEFITS FOR 
                   ILLEGAL IMMIGRANTS.

       It is the sense of the Congress that--
       (1) illegal immigrants should never receive Social Security 
     benefits or federally funded cash welfare, nor should illegal 
     aliens receive the earned income tax credit based on 
     unauthorized employment under any circumstances, and this 
     prohibition should be strictly enforced; and
       (2) identity theft should be prosecuted to the fullest 
     extent of the law.
                                 ______
                                 
  SA 4176. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. RADIATION SOURCE PROTECTION.

       (a) Tracking System.--Section 170H of the Atomic Energy Act 
     of 1954 (42 U.S.C. 2210h) is amended--
       (1) in subsection c.--
       (A) in paragraph (1)(B)--
       (i) by inserting ``and the Secretary of Homeland Security'' 
     after ``Secretary of Transportation'' the first place it 
     appears; and
       (ii) by inserting ``or the Secretary of Homeland Security'' 
     after ``Secretary of Transportation'' the second place it 
     appears; and
       (B) in paragraph (2)(A), by inserting ``and each license 
     holder'' after ``unique identifier''; and
       (2) by adding at the end the following:
       ``h. License Verification for Exports and Imports.--The 
     Commission shall--
       ``(1) assist the Bureau of Customs and Border Protection of 
     the Department of Homeland Security in verifying any 
     documentation or authorization issued by the Commission 
     associated with the export or import of a radiation source 
     regulated under this section, including allowing the 
     Department of Homeland Security access to the tracking system 
     established under subsection c.; and
       ``(2) require any individual transporting radiation sources 
     that are exported from or imported into the United States to 
     possess the applicable and required documentation issued by 
     the Commission.''.
       (b) Customs Revenue Function.--Section 415 of the Homeland 
     Security Act of 2002 (6 U.S.C. 215) is amended by adding at 
     the end the following:
       ``(9) Verifying the authorizations issued by the Nuclear 
     Regulatory Commission to possess and transport radiation 
     sources when individuals pass through United States ports of 
     entry.''.
                                 ______
                                 
  SA 4177. Mr. GRASSLEY (for himself, Mr. Obama, Mr. Baucus, and Mr. 
Kennedy) submitted an amendment intended to be proposed by him to the 
bill S. 2611, to provide for comprehensive immigration reform and for 
other purposes, as follows:

       Strike title III and insert the following:

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

     SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

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

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

       ``(a) Making Employment of Unauthorized Aliens Unlawful.--
       ``(1) In general.--It is unlawful for an employer--
       ``(A) to hire, or to recruit or refer for a fee, an alien 
     for employment in the United States knowing, or with reckless 
     disregard, that the alien is an unauthorized alien with 
     respect to such employment; or
       ``(B) to hire, or to recruit or refer for a fee, for 
     employment in the United States an individual unless such 
     employer meets the requirements of subsections (c) and (d).
       ``(2) Continuing employment.--It is unlawful for an 
     employer, after lawfully hiring an alien for employment, to 
     continue to employ the alien in the United States knowing 
     that the alien is (or has become) an unauthorized alien with 
     respect to such employment.
       ``(3) Use of labor through contract.--
       ``(A) In general.--An employer who uses a contract, 
     subcontract, or exchange to obtain the labor of an alien in 
     the United States knowing, or with reckless disregard--
       ``(i) that the alien is an unauthorized alien with respect 
     to performing such labor, shall be considered to have hired 
     the alien in violation of paragraph (1)(A); or
       ``(ii) that the person hiring such alien failed to comply 
     with the requirements of subsections (c) and (d) shall be 
     considered to have hired the alien in violation of paragraph 
     (1)(B).
       ``(B) Information sharing.--The person hiring the alien 
     shall provide to the employer, who obtains the labor of the 
     alien, the employer identification number assigned to such 
     person by the Commissioner of Internal Revenue. Failure to 
     provide such number shall be considered a recordkeeping 
     violation under subsection (e)(4)(B).
       ``(C) Reporting requirement.--The employer shall submit to 
     the Electronic Verification System established under 
     subsection (d), in a manner prescribed by the Secretary, the 
     employer identification number provided by the person hiring 
     the alien. Failure to submit such number shall be considered 
     a recordkeeping violation under subsection (e)(4)(B).

[[Page S5014]]

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

       ``(I) a United States passport; or
       ``(II) a driver's license or identity card issued by a 
     State, the Commonwealth of the Northern Mariana Islands, or 
     an outlying possession of the United States that satisfies 
     the requirements of division B of Public Law 109-13 (119 
     Stat. 302);

       ``(ii) in the case of an alien lawfully admitted for 
     permanent residence in the United States, a permanent 
     resident card, as specified by the Secretary;
       ``(iii) in the case of an alien who is authorized under 
     this Act or by the Secretary to be employed in the United 
     States, an employment authorization card, as specified by the 
     Secretary that--

       ``(I) contains a photograph of the individual or other 
     identifying information, including name, date of birth, 
     gender, and address; and
       ``(II) contains security features to make the document 
     resistant to tampering, counterfeiting, and fraudulent use;

       ``(iv) in the case of an individual who is unable to obtain 
     a document described in clause (i), (ii), or (iii), a 
     document designated by the Secretary that--

       ``(I) contains a photograph of the individual or other 
     identifying information, including name, date of birth, 
     gender, and address; and
       ``(II) contains security features to make the document 
     resistant to tampering, counterfeiting, and fraudulent use; 
     or

       ``(v) until the date that an employer is required to 
     participate in the Electronic Employment Verification System 
     under subsection (d) or is participating in such System on a 
     voluntary basis, a document, or a combination of documents, 
     of such type that, as of the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006, the Secretary 
     had established by regulation were sufficient for purposes of 
     this section.
       ``(C) Authority to prohibit use of certain documents.--
       ``(i) Authority.--If the Secretary finds that a document or 
     class of documents described in subparagraph (B) is not 
     reliable to establish identity or is being used fraudulently 
     to an unacceptable degree, the Secretary shall prohibit, or 
     impose conditions, on the use of such document or class of 
     documents for purposes of this subsection.
       ``(ii) Requirement for publication.--The Secretary shall 
     publish notice of any findings under clause (i) in the 
     Federal Register.
       ``(2) Attestation of employee.--
       ``(A) Requirements.--
       ``(i) In general.--The individual shall attest, under 
     penalty of perjury on the form described in paragraph 
     (1)(A)(i), that the individual is a national of the United 
     States, an alien lawfully admitted for permanent residence, 
     or an alien who is authorized under this Act or by the 
     Secretary to be hired, or to be recruited or referred for a 
     fee, in the United States.
       ``(ii) Signature for examination.--An attestation required 
     by clause (i) may be manifested by a handwritten or 
     electronic signature.
       ``(B) Penalties.--An individual who falsely represents that 
     the individual is eligible for employment in the United 
     States in an attestation required by subparagraph (A) shall, 
     for each such violation, be subject to a fine of not more 
     than $5,000, a term of imprisonment not to exceed 3 years, or 
     both.
       ``(3) Retention of attestation.--The employer shall retain 
     a paper, microfiche, microfilm, or electronic version of the 
     attestations made under paragraph (1) and (2) and make such 
     attestations available for inspection by an officer of the 
     Department of Homeland Security, any other person designated 
     by the Secretary, the Special Counsel for Immigration-Related 
     Unfair Employment Practices of the Department of Justice, or 
     the Secretary of Labor during a period beginning on the date 
     of the hiring, or recruiting or referring for a fee, of the 
     individual and ending--
       ``(A) in the case of the recruiting or referral for a fee 
     (without hiring) of an individual, 5 years after the date of 
     the recruiting or referral; or
       ``(B) in the case of the hiring of an individual the later 
     of--
       ``(i) 5 years after the date of such hiring;
       ``(ii) 1 year after the date the individual's employment is 
     terminated; or
       ``(iii) in the case of an employer or class of employers, a 
     period that is less than the applicable period described in 
     clause (i) or (ii) if the Secretary reduces such period for 
     such employer or class of employers.
       ``(4) Document retention and recordkeeping requirements.--
       ``(A) Retention of documents.--Notwithstanding any other 
     provision of law, an employer shall retain, for the 
     applicable period described in paragraph (3), the following 
     documents:
       ``(i) In general.--The employer shall copy all documents 
     presented by an individual described in paragraph (1)(B) and 
     shall retain paper, microfiche, microfilm, or electronic 
     copies of such documents. Such copies shall be designated as 
     copied documents.
       ``(ii) Other documents.--The employer shall maintain 
     records of any action taken and copies of any correspondence 
     written or received with respect to the verification of an 
     individual's identity or eligibility for employment in the 
     United States.
       ``(B) Use of retained documents.--An employer shall use 
     copies retained under clause (i) or (ii) of subparagraph (A) 
     only for the purposes of complying with the requirements of 
     this subsection, except as otherwise permitted under law.
       ``(5) Penalties.--An employer that fails to comply with the 
     recordkeeping requirements of this subsection shall be 
     subject to the penalties described in subsection (e)(4)(B).
       ``(6) No authorization of national identification cards.--
     Nothing in this section may be construed to authorize, 
     directly or indirectly, the issuance, use, or establishment 
     of a national identification card.
       ``(d) Electronic Employment Verification System.--
       ``(1) Requirement for system.--The Secretary, in 
     cooperation with the Commissioner of Social Security, shall 
     implement an Electronic Employment Verification System 
     (referred to in this subsection as the `System') to determine 
     whether--
       ``(A) the identifying information submitted by an 
     individual is consistent with the information maintained by 
     the Secretary or the Commissioner of Social Security; and
       ``(B) such individual is eligible for employment in the 
     United States.
       ``(2) Requirement for participation.--The Secretary shall 
     require all employers in the United States to participate in 
     the System, with respect to all employees hired by the 
     employer on or after the date that is 18 months after the 
     date that not less than $400,000,000 have been appropriated 
     and made available to implement this subsection.
       ``(3) Other participation in system.--Notwithstanding 
     paragraph (2), the Secretary has the authority--
       ``(A) to permit any employer that is not required to 
     participate in the System under

[[Page S5015]]

     paragraph (2) to participate in the System on a voluntary 
     basis; and
       ``(B) to require any employer or class of employers to 
     participate on a priority basis in the System with respect to 
     individuals employed as of, or hired after, the date of 
     enactment of the Comprehensive Immigration Reform Act of 
     2006--
       ``(i) if the Secretary designates such employer or class of 
     employers as a critical employer based on an assessment of 
     homeland security or national security needs; or
       ``(ii) if the Secretary has reasonable cause to believe 
     that the employer has engaged in material violations of 
     paragraph (1), (2), or (3) of subsection (a).
       ``(4) Requirement to notify.--The Secretary shall notify 
     the employer or class of employers in writing regarding the 
     requirement for participation in the System under paragraph 
     (3)(B) not less than 60 days prior to the effective date of 
     such requirement. Such notice shall include the training 
     materials described in paragraph (8)(E)(v).
       ``(5) Registration of employers.--An employer shall 
     register the employer's participation in the System in the 
     manner prescribed by the Secretary prior to the date the 
     employer is required or permitted to submit information with 
     respect to an employee under this subsection.
       ``(6) Additional guidance.--A registered employer shall be 
     permitted to utilize any technology that is consistent with 
     this section and with any regulation or guidance from the 
     Secretary to streamline the procedures to facilitate 
     compliance with--
       ``(A) the attestation requirement in subsection (c); and
       ``(B) the employment eligibility verification requirements 
     in this subsection.
       ``(7) Consequence of failure to participate.--If an 
     employer is required to participate in the System and fails 
     to comply with the requirements of the System with respect to 
     an employee--
       ``(A) such failure shall be treated as a violation of 
     subsection (a)(1)(B); and
       ``(B) a rebuttable presumption is created that the employer 
     has violated subsection (a)(1)(A), however, such presumption 
     may not apply to a prosecution under subsection (f)(1).
       ``(8) Design and operation of system.--
       ``(A) In general.--The Secretary shall, through the 
     System--
       ``(i) respond to each inquiry made by a registered employer 
     through the Internet or other electronic media, or over a 
     toll-free telephone line regarding an individual's identity 
     and eligibility for employment in the United States; and
       ``(ii) maintain a record of each such inquiry and the 
     information provided in response to such inquiry.
       ``(B) Initial inquiry.--
       ``(i) Information required.--A registered employer shall, 
     with respect to the hiring, or recruiting or referring for a 
     fee, any individual for employment in the United States, 
     obtain from the individual and record on the form described 
     in subsection (c)(1)(A)(i)--

       ``(I) the individual's name and date of birth and, if the 
     individual was born in the United States, the State in which 
     such individual was born;
       ``(II) the individual's social security account number;
       ``(III) the employment identification number of the 
     individual's employer during any one of the 5 most recently 
     completed calendar years; and
       ``(IV) in the case of an individual who does not attest 
     that the individual is a national of the United States under 
     subsection (c)(2), such alien identification or authorization 
     number that the Secretary shall require.

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

       ``(I) not later than 3 days after the date of the hiring, 
     or recruiting or referring for a fee, of the individual (as 
     the case may be); or
       ``(II) in the case of an employee hired by a critical 
     employer designated by the Secretary under paragraph (3)(B) 
     at such time as the Secretary shall specify.

       ``(iii) EIN requirements.--

       ``(I) Requirement to provide.--An employer shall provide 
     the employer identification number issued to such employer to 
     the individual, upon request, for purposes of providing the 
     information under clause (i)(III).
       ``(II) Requirement to affirmatively state a lack of recent 
     employment.--An individual providing information under clause 
     (i)(III) who was not employed in the United States during any 
     of the 5 most recently completed calendar years shall 
     affirmatively state on the form described in subsection 
     (c)(1)(A)(i) that no employer identification number is 
     provided because the individual was not employed in the 
     United States during such period.

       ``(C) Initial response.--Not later than 10 days after an 
     employer submits an inquiry to the System regarding an 
     individual, the Secretary shall provide, through the System, 
     to the employer--
       ``(i) if the System is able to confirm the individual's 
     identity and eligibility for employment in the United States, 
     a confirmation notice, including the appropriate codes on 
     such confirmation notice; or
       ``(ii) if the System is unable to confirm the individual's 
     identity or eligibility for employment in the United States, 
     and after a secondary manual verification has been conducted, 
     a tentative nonconfirmation notice, including the appropriate 
     codes on such tentative nonconfirmation notice.
       ``(D) Confirmation or nonconfirmation.--
       ``(i) Confirmation upon initial inquiry.--If an employer 
     receives a confirmation notice under paragraph (C)(i) for an 
     individual, the employer shall record, on the form described 
     in subsection (c)(1)(A)(i), the appropriate code provided in 
     such notice.
       ``(ii) Tentative nonconfirmation.--If an employer receives 
     a tentative nonconfirmation notice under paragraph (C)(ii) 
     for an individual, the employer shall inform such individual 
     of the issuance of such notice in writing, on a form 
     prescribed by the Secretary not later than 3 days after 
     receiving such notice. Such individual shall acknowledge 
     receipt of such notice in writing on the form described in 
     subsection (c)((1)(A)(i).
       ``(iii) No contest.--If the individual does not contest the 
     tentative nonconfirmation notice within 10 days of receiving 
     notice from the individual's employer, the notice shall 
     become final and the employer shall record on the form 
     described in subsection (c)(2), the appropriate code provided 
     through the System to indicate the individual did not contest 
     the tentative nonconfirmation. An individual's failure to 
     contest a tentative nonconfirmation shall not be considered 
     an admission of guilt with respect to any violation of this 
     Act or any other provision of law.
       ``(iv) Contest.--If the individual contests the tentative 
     nonconfirmation notice, the individual shall submit 
     appropriate information to contest such notice under the 
     procedures established in subparagraph (E)(iii) not later 
     than 10 days after receiving the notice from the individual's 
     employer.
       ``(v) Effective period of tentative nonconfirmation 
     notice.--A tentative nonconfirmation notice shall remain in 
     effect until such notice becomes final under clause (iii), or 
     the earlier of--

       ``(I) a final confirmation notice or final nonconfirmation 
     notice is issued through the System; or
       ``(II) 30 days after the individual contests a tentative 
     nonconfirmation under clause (iv).

       ``(vi) Automatic final notice.--

       ``(I) In general.--If a final notice is not issued within 
     the 30-day period described in clause (v)(II), the Secretary 
     shall automatically provide to the employer, through the 
     System, the appropriate code indicating a final notice.
       ``(II) Period prior to initial certification.--During the 
     period beginning on the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006 and ending on 
     the date the Secretary submits the initial report described 
     in subparagraph (E)(ii), an automatic notice issued under 
     subclause (I) shall be a final confirmation notice.
       ``(III) Period after initial certification.--After the date 
     that the Secretary submits the initial report described in 
     subparagraph (E)(ii), an automatic notice issued under 
     subclause (I) shall be a final confirmation notice unless the 
     most recent such report includes a certification that the 
     System is able to correctly issue, within the period 
     beginning on the date an employer submits an inquiry to the 
     System and ending on the date an automatic default notice 
     would be issued by the System, a final notice in at least 99 
     percent of the cases in which the notice relates to an 
     individual who is eligible for employment in the United 
     States. If the most recent such report includes such a 
     certification, the automatic notice issued under subclause 
     (I) shall be a final nonconfirmation notice.
       ``(IV) Additional authority.--Notwithstanding the second 
     sentence of subclause (III), the Secretary shall have the 
     authority to issue a final confirmation notice for an 
     individual who would be subject to a final nonconfirmation 
     notice under such sentence. In such a case, the Secretary 
     shall determine the individual's eligibility for employment 
     in the United States and record the results of such 
     determination in the System within 12 months.

       ``(vii) Effective period of final notice.--A final 
     confirmation notice issued under this paragraph for an 
     individual shall remain in effect--

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

       ``(viii) Prohibition on termination.--An employer may not 
     terminate the employment of an individual based on a 
     tentative nonconfirmation notice until such notice becomes 
     final under clause (iii) or a final nonconfirmation notice is 
     issued for the individual by the System. Nothing in this 
     clause shall prohibit the termination of employment for any 
     reason other than such tentative nonconfirmation.
       ``(ix) Recording of contest resolution.--The employer shall 
     record on the form described in subsection (c)(1)(A)(i) the 
     appropriate code that is provided through the System to 
     indicate a final confirmation notice or final nonconfirmation 
     notice.
       ``(x) Consequences of nonconfirmation.--If the employer has 
     received a final nonconfirmation regarding an individual, the 
     employer shall terminate the employment, recruitment, or 
     referral of the individual. Such employer shall provide to 
     the Secretary any information relating to the individual that 
     the Secretary determines would assist the

[[Page S5016]]

     Secretary in enforcing or administering the immigration laws. 
     If the employer continues to employ, recruit, or refer the 
     individual after receiving final nonconfirmation, a 
     rebuttable presumption is created that the employer has 
     violated subsections (a)(1)(A) and (a)(2). Such presumption 
     may not apply to a prosecution under subsection (f)(1).
       ``(E) Responsibilities of the secretary.--
       ``(i) In general.--The Secretary shall establish a 
     reliable, secure method to provide through the System, within 
     the time periods required by this subsection--

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

       ``(ii) Annual report and certification.--Not later than the 
     date that is 24 months after the date that not less than 
     $400,000,000 have been appropriated and made available to the 
     Secretary to implement this subsection, and annually 
     thereafter, the Secretary shall submit to Congress a report 
     that includes--

       ``(I) an assessment of whether the System is able to 
     correctly issue, within the period described in subparagraph 
     (D)(v)(II), a final notice in at least 99 percent of the 
     cases in which the final notice relates to an individual who 
     is eligible for employment in the United States (excluding an 
     individual who fails to contest a tentative nonconfirmation 
     notice); and
       ``(II) if the assessment under subclause (I) is that the 
     System is able to correctly issue within the specified time 
     period a final notice in at least 99 percent of the cases 
     described in such subclause, a certification of such 
     assessment.

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

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

       ``(v) Training materials.--The Secretary shall make 
     available or provide to the employer, upon request, not later 
     than 60 days prior to such employer's participation in the 
     System, appropriate training materials to facilitate 
     compliance with this subsection, and sections 274B(a)(7) and 
     274C(a).
       ``(F) Responsibilities of the commissioner of social 
     security.--The responsibilities of the Commissioner of Social 
     Security with respect to the System are set out in section 
     205(c)(2) of the Social Security Act.
       ``(9) Protection from liability.--No employer that 
     participates in the System shall be liable under any law for 
     any employment-related action taken with respect to an 
     individual in good faith reliance on information provided by 
     the System.
       ``(10) Administrative review.--
       ``(A) In general.--An individual who is terminated from 
     employment as a result of a final nonconfirmation notice may, 
     not later than 60 days after the date of such termination, 
     file an appeal of such notice.
       ``(B) Procedures.--The Secretary and Commissioner of Social 
     Security shall develop procedures to review appeals filed 
     under subparagraph (A) and to make final determinations on 
     such appeals.
       ``(C) Review for errors.--If a final determination on an 
     appeal filed under subparagraph (A) results in a confirmation 
     of an individual's eligibility to work in the United States, 
     the administrative review process shall require the Secretary 
     to determine if the final nonconfirmation notice issued for 
     the individual was the result of--
       ``(i) an error or negligence on the part of an employee or 
     official operating or responsible for the System;
       ``(ii) the decision rules, processes, or procedures 
     utilized by the System; or
       ``(iii) erroneous system information that was not the 
     result of acts or omissions of the individual.
       ``(D) Compensation for error.--
       ``(i) In general.--If the Secretary makes a determination 
     under subparagraph (C) that the final nonconfirmation notice 
     issued for an individual was not caused by an act or omission 
     of the individual, the Secretary shall compensate the 
     individual for lost wages.
       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work schedule that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost beginning on the first scheduled 
     work day after employment was terminated and ending 180 days 
     after completion of the administrative review process 
     described in this paragraph or the day after the individual 
     is reinstated or obtains employment elsewhere, whichever 
     occurs first.
       ``(E) Limitation on compensation.--For purposes of 
     determining an individual's compensation for the loss of 
     employment, such compensation shall not include any period in 
     which the individual was ineligible for employment in the 
     United States.
       ``(F) Source of funds.--Compensation or reimbursement 
     provided under this paragraph shall not be provided from 
     funds appropriated in annual appropriations Acts to the 
     Secretary for the Department of Homeland Security.
       ``(11) Judicial review.--
       ``(A) In general.--After the Secretary makes a final 
     determination on an appeal filed by an individual under the 
     administrative review process described in paragraph (10), 
     the individual may obtain judicial review of such 
     determination by a civil action commenced not later than 60 
     days after the date of such decision, or such further time as 
     the Secretary may allow.
       ``(B) Jurisdiction.--A civil action for such judicial 
     review shall be brought in the district court of the United 
     States for the judicial district in which the plaintiff 
     resides, or has a principal place of business, or, if the 
     plaintiff does not reside or have a principal place of 
     business within any such judicial district, in the District 
     Court of the United States for the District of Columbia.
       ``(C) Answer.--As part of the Secretary's answer to a 
     complaint for such judicial review, the Secretary shall file 
     a certified copy of the administrative record compiled during 
     the administrative review under paragraph (10), including the 
     evidence upon which the findings and decision complained of 
     are based. The court shall have power to enter, upon the 
     pleadings and transcript of the record, a judgment affirming 
     or reversing the result of that administrative review, with 
     or without remanding the cause for a rehearing.
       ``(D) Compensation for error.--
       ``(i) In general.--In cases in which such judicial review 
     reverses the final determination of the Secretary made under 
     paragraph (10), the court shall compensate the individual for 
     lost wages.
       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work scheduled that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost beginning on the first scheduled 
     work day after employment was terminated and ending 180 days 
     after completion of the judicial review described in this 
     paragraph or the day after the individual is reinstated or 
     obtains employment elsewhere, whichever occurs first.
       ``(12) Limitation on collection and use of data.--
       ``(A) Limitation on collection of data.--
       ``(i) In general.--The System shall collect and maintain 
     only the minimum data necessary to facilitate the successful 
     operation of the System, and in no case shall the data be 
     other than--

       ``(I) information necessary to register employers under 
     paragraph (5);

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

       ``(ii) Penalties.--Any officer, employee, or contractor who 
     willfully and knowingly collects and maintains data in the 
     System other than data described in clause (i) shall be 
     guilty of a misdemeanor and fined not more than $1,000 for 
     each violation.
       ``(B) Limitation on use of data.--Whoever willfully and 
     knowingly accesses, discloses, or uses any information 
     obtained or maintained by the System--
       ``(i) for the purpose of committing identity fraud, or 
     assisting another person in committing identity fraud, as 
     defined in section 1028 of title 18, United States Code;
       ``(ii) for the purpose of unlawfully obtaining employment 
     in the United States or unlawfully obtaining employment in 
     the United States for any other person; or
       ``(iii) for any purpose other than as provided for under 
     any provision of law;
     shall be guilty of a felony and upon conviction shall be 
     fined under title 18, United States Code, or imprisoned for 
     not more than 5 years, or both.
       ``(C) Exceptions.--Nothing in subparagraph (A) or (B) may 
     be construed to limit the collection, maintenance, or use of 
     data by the Commissioner of Internal Revenue or the 
     Commissioner of Social Security as provided by law.
       ``(13) Modification authority.--The Secretary, after notice 
     is submitted to Congress and provided to the public in the 
     Federal Register, is authorized to modify the requirements of 
     this subsection with respect to completion of forms, method 
     of storage, attestations, copying of documents, signatures, 
     methods of transmitting information, and other operational 
     and technical aspects to improve the efficiency, accuracy, 
     and security of the System.
       ``(14) Annual gao study and report.--

[[Page S5017]]

       ``(A) Requirement.--The Comptroller General of the United 
     States shall conduct an annual study of the System.
       ``(B) Purpose.--The study shall evaluate the accuracy, 
     efficiency, integrity, and impact of the System.
       ``(C) Report.--Not later than the date that is 24 months 
     after the date that not less than $400,000,000 have been 
     appropriated and made available to the Secretary to implement 
     this subsection, and annually thereafter, the Comptroller 
     General shall submit to Congress a report containing the 
     findings of the study carried out under this paragraph. Each 
     such report shall include, at a minimum, the following:
       ``(i) An assessment of the annual report and certification 
     described in paragraph (8)(E)(ii).
       ``(ii) An assessment of System performance with respect to 
     the rate at which individuals who are eligible for employment 
     in the United States are correctly approved within each of 
     the periods specified in paragraph (8), including a separate 
     assessment of such rate for nationals and aliens.
       ``(iii) An assessment of the privacy and security of the 
     System and its effects on identity fraud or the misuse of 
     personal data.
       ``(iv) An assessment of the effects of the System on the 
     employment of unauthorized aliens.
       ``(v) An assessment of the effects of the System, including 
     the effects of tentative confirmations, on unfair 
     immigration-related employment practices and employment 
     discrimination based on national origin or citizenship 
     status.
       ``(vi) An assessment of whether the Secretary and the 
     Commissioner of Social Security have adequate resources to 
     carry out the duties and responsibilities of this section.
       ``(e) Compliance.--
       ``(1) Complaints and investigations.--The Secretary shall 
     establish procedures--
       ``(A) for individuals and entities to file complaints 
     regarding potential violations of subsection (a);
       ``(B) for the investigation of such complaints that the 
     Secretary determines are appropriate to investigate; and
       ``(C) for the investigation of other violations of 
     subsection (a) that the Secretary determines is appropriate.
       ``(2) Authority in investigations.--
       ``(A) In general.--In conducting investigations and 
     hearings under this subsection, officers and employees of the 
     Department of Homeland Security--
       ``(i) shall have reasonable access to examine evidence 
     regarding any employer being investigated; and
       ``(ii) if designated by the Secretary, may compel by 
     subpoena the attendance of witnesses and the production of 
     evidence at any designated place in an investigation or case 
     under this subsection.
       ``(B) Failure to cooperate.--In case of refusal to obey a 
     subpoena lawfully issued under subparagraph (A)(ii), the 
     Secretary may request that the Attorney General apply in an 
     appropriate district court of the United States for an order 
     requiring compliance with such subpoena, and any failure to 
     obey such order may be punished by such court as contempt.
       ``(C) Department of labor.--The Secretary of Labor shall 
     have the investigative authority provided under section 11(a) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to 
     ensure compliance with the provisions of this section.
       ``(3) Compliance procedures.--
       ``(A) Prepenalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a violation of a 
     requirement of this section and determines that further 
     proceedings related to such violation are warranted, the 
     Secretary shall issue to the employer concerned a written 
     notice of the Secretary's intention to issue a claim for a 
     fine or other penalty. Such notice shall--
       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;
       ``(iii) specify the amount of fines or other penalties to 
     be imposed;
       ``(iv) disclose the material facts which establish the 
     alleged violation; and
       ``(v) inform such employer that the employer shall have a 
     reasonable opportunity to make representations as to why a 
     claim for a monetary or other penalty should not be imposed.
       ``(B) Remission or mitigation of penalties.--
       ``(i) Review by secretary.--If the Secretary determines 
     that such fine or other penalty was incurred erroneously, or 
     determines the existence of such mitigating circumstances as 
     to justify the remission or mitigation of such fine or 
     penalty, the Secretary may remit or mitigate such fine or 
     other penalty on the terms and conditions as the Secretary 
     determines are reasonable and just, or order termination of 
     any proceedings related to the notice.
       ``(ii) Applicability.--This subparagraph may not apply to 
     an employer that has or is engaged in a pattern or practice 
     of violations of paragraph (1), (2), or (3) of subsection (a) 
     or of any other requirements of this section.
       ``(C) Penalty claim.--After considering evidence and 
     representations offered by the employer, the Secretary shall 
     determine whether there was a violation and promptly issue a 
     written final determination setting forth the findings of 
     fact and conclusions of law on which the determination is 
     based and the appropriate penalty.
       ``(4) Civil penalties.--
       ``(A) Hiring or continuing to employ unauthorized aliens.--
     Any employer that violates any provision of paragraph (1), 
     (2), or (3) of subsection (a) shall pay civil penalties as 
     follows:
       ``(i) Pay a civil penalty of not less than $500 and not 
     more than $4,000 for each unauthorized alien with respect to 
     each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     during the 12-month period preceding the violation under this 
     subparagraph, pay a civil penalty of not less than $4,000 and 
     not more than $10,000 for each unauthorized alien with 
     respect to each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time during the 24-month period preceding the violation 
     under this subparagraph or has failed to comply with a 
     previously issued and final order related to any such 
     provision, pay a civil penalty of not less than $6,000 and 
     not more than $20,000 for each unauthorized alien with 
     respect to each such violation.
       ``(B) Recordkeeping or verification practices.--Any 
     employer that violates or fails to comply with the 
     recordkeeping requirements of subsections (a), (c), and (d), 
     shall pay a civil penalty as follows:
       ``(i) Pay a civil penalty of not less than $200 and not 
     more than $2,000 for each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     during the 12-month period preceding the violation under this 
     subparagraph, pay a civil penalty of not less than $400 and 
     not more than $4,000 for each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time during the 24-month period preceding the violation 
     under this subparagraph or has failed to comply with a 
     previously issued and final order related to such 
     requirements, pay a civil penalty of not less than $600 and 
     not more than $6,000 for each such violation.
       ``(C) Other penalties.--Notwithstanding subparagraphs (A) 
     and (B), the Secretary may impose additional penalties for 
     violations, including violations of cease and desist orders, 
     specially designed compliance plans to prevent further 
     violations, suspended fines to take effect in the event of a 
     further violation, and in appropriate cases, the criminal 
     penalty described in subsection (f).
       ``(5) Judicial review.--An employer adversely affected by a 
     final determination may, within 45 days after the date the 
     final determination is issued, file a petition in any 
     appropriate district court of the United States. The filing 
     of a petition as provided in this paragraph shall stay the 
     Secretary's determination until entry of judgment by the 
     court. The burden shall be on the employer to show that the 
     final determination was not supported by substantial 
     evidence. The Secretary is authorized to require that the 
     petitioner provide, prior to filing for review, security for 
     payment of fines and penalties through bond or other 
     guarantee of payment acceptable to the Secretary.
       ``(6) Enforcement of orders.--If an employer fails to 
     comply with a final determination issued against that 
     employer under this subsection, and the final determination 
     is not subject to review as provided in paragraph (5), the 
     Attorney General may file suit to enforce compliance with the 
     final determination, not earlier than 46 days and not later 
     than 180 days after the date the final determination is 
     issued, in any appropriate district court of the United 
     States. In any such suit, the validity and appropriateness of 
     the final determination shall not be subject to review.
       ``(7) Recovery of costs and attorney's fees.--In any appeal 
     brought under paragraph (5) or suit brought under paragraph 
     (6) of this section the employer shall be entitled to recover 
     from the Secretary reasonable costs and attorney's fees if 
     such employer substantially prevails on the merits of the 
     case. Such an award of attorney's fees may not exceed 
     $25,000. Any such costs and attorney's fees assessed against 
     the Secretary shall be charged against the operating expenses 
     of the Department for the fiscal year in which the assessment 
     is made, and may not be reimbursed from any other source.
       ``(f) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Criminal penalty.--An employer that engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined not more than $20,000 for 
     each unauthorized alien with respect to whom such a violation 
     occurs, imprisoned for not more than 3 years for the entire 
     pattern or practice, or both.
       ``(2) Enjoining of pattern or practice violations.--If the 
     Secretary or the Attorney General has reasonable cause to 
     believe that an employer is engaged in a pattern or practice 
     of employment, recruitment, or referral in violation of 
     paragraph (1)(A) or (2) of subsection (a), the Attorney 
     General may bring a civil action in the appropriate district 
     court of the United States requesting a permanent or 
     temporary injunction, restraining order, or other order 
     against the employer, as the Secretary deems necessary.
       ``(g) Adjustment for Inflation.--All penalties and 
     limitations on the recovery of costs and attorney's fees in 
     this section shall be increased every 4 years beginning 
     January 2010 to reflect the percentage increase in the 
     consumer price index for all urban consumers (all items; U.S. 
     city average) for the 48 month period ending with September 
     of the year preceding the year such adjustment

[[Page S5018]]

     is made. Any adjustment under this subparagraph shall be 
     rounded to the nearest dollar.
       ``(h) Prohibition of Indemnity Bonds.--
       ``(1) Prohibition.--It is unlawful for an employer, in the 
     hiring, recruiting, or referring for a fee, of an individual, 
     to require the individual to post a bond or security, to pay 
     or agree to pay an amount, or otherwise to provide a 
     financial guarantee or indemnity, against any potential 
     liability arising under this section relating to such hiring, 
     recruiting, or referring of the individual.
       ``(2) Civil penalty.--Any employer which is determined, 
     after notice and opportunity for mitigation of the monetary 
     penalty under subsection (e), to have violated paragraph (1) 
     of this subsection shall be subject to a civil penalty of 
     $10,000 for each violation and to an administrative order 
     requiring the return of any amounts received in violation of 
     such paragraph to the employee or, if the employee cannot be 
     located, to the Employer Compliance Fund established under 
     section 286(w).
       ``(i) Prohibition on Award of Government Contracts, Grants, 
     and Agreements.--
       ``(1) Employers with no contracts, grants, or agreements.--
       ``(A) In general.--If an employer who does not hold a 
     Federal contract, grant, or cooperative agreement is 
     determined by the Secretary to be a repeat violator of this 
     section or is convicted of a crime under this section, the 
     employer shall be debarred from the receipt of a Federal 
     contract, grant, or cooperative agreement for a period of 5 
     years. The Secretary or the Attorney General shall advise the 
     Administrator of General Services of such a debarment, and 
     the Administrator of General Services shall list the employer 
     on the List of Parties Excluded from Federal Procurement and 
     Nonprocurement Programs for a period of 5 years.
       ``(B) Waiver.--The Administrator of General Services, in 
     consultation with the Secretary and the Attorney General, may 
     waive operation of this subsection or may limit the duration 
     or scope of the debarment.
       ``(2) Employers with contracts, grants, or agreements.--
       ``(A) In general.--An employer who holds a Federal 
     contract, grant, or cooperative agreement and is determined 
     by the Secretary to be a repeat violator of this section or 
     is convicted of a crime under this section, shall be debarred 
     from the receipt of new Federal contracts, grants, or 
     cooperative agreements for a period of 5 years.
       ``(B) Notice to agencies.--Prior to debarring the employer 
     under subparagraph (A), the Secretary, in cooperation with 
     the Administrator of General Services, shall advise any 
     agency or department holding a contract, grant, or 
     cooperative agreement with the employer of the Government's 
     intention to debar the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 5 years.
       ``(C) Waiver.--After consideration of the views of any 
     agency or department that holds a contract, grant, or 
     cooperative agreement with the employer, the Secretary may, 
     in lieu of debarring the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 5 years, waive operation of this subsection, limit 
     the duration or scope of the debarment, or may refer to an 
     appropriate lead agency the decision of whether to debar the 
     employer, for what duration, and under what scope in 
     accordance with the procedures and standards prescribed by 
     the Federal Acquisition Regulation. However, any proposed 
     debarment predicated on an administrative determination of 
     liability for civil penalty by the Secretary or the Attorney 
     General shall not be reviewable in any debarment proceeding. 
     The decision of whether to debar or take alternate action 
     under this subparagraph shall not be judicially reviewed.
       ``(3) Suspension.--Indictments for violations of this 
     section or adequate evidence of actions that could form the 
     basis for debarment under this subsection shall be considered 
     a cause for suspension under the procedures and standards for 
     suspension prescribed by the Federal Acquisition Regulation.
       ``(j) Miscellaneous Provisions.--
       ``(1) Documentation.--In providing documentation or 
     endorsement of authorization of aliens eligible to be 
     employed in the United States, the Secretary shall provide 
     that any limitations with respect to the period or type of 
     employment or employer shall be conspicuously stated on the 
     documentation or endorsement (other than aliens lawfully 
     admitted for permanent residence).
       ``(2) Preemption.--The provisions of this section preempt 
     any State or local law imposing civil or criminal sanctions 
     (other than through licensing and similar laws) upon those 
     who employ, or recruit or refer for a fee for employment, 
     unauthorized aliens.
       ``(k) Deposit of Amounts Received.--Except as otherwise 
     specified, civil penalties collected under this section shall 
     be deposited by the Secretary into the Employer Compliance 
     Fund established under section 286(w).
       ``(l) Definitions.--In this section:
       ``(1) Employer.--The term `employer' means any person or 
     entity, including any entity of the Government of the United 
     States, hiring, recruiting, or referring an individual for 
     employment in the United States.
       ``(2) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(3) Unauthorized alien.--The term `unauthorized alien' 
     means, with respect to the employment of an alien at a 
     particular time, that the alien is not at that time either--
       ``(A) an alien lawfully admitted for permanent residence; 
     or
       ``(B) authorized to be so employed by this Act or by the 
     Secretary.''.
       (b) Conforming Amendments.--
       (1) Amendments.--
       (A) Repeal of basic pilot.--Sections 401, 402, 403, 404, 
     and 405 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note) are repealed.
       (B) Repeal of reporting requirements.--
       (i) Report on earnings of aliens not authorized to work.--
     Subsection (c) of section 290 (8 U.S.C. 1360) is repealed.
       (ii) Report on fraudulent use of social security account 
     numbers.--Subsection (b) of section 414 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1360 note) is 
     repealed.
       (2) Construction.--Nothing in this subsection or in 
     subsection (d) of section 274A, as amended by subsection (a), 
     may be construed to limit the authority of the Secretary to 
     allow or continue to allow the participation of employers who 
     participated in the basic pilot program under sections 401, 
     402, 403, 404, and 405 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1324a note) in the Electronic 
     Employment Verification System established pursuant to such 
     subsection (d).
       (c) Technical Amendments.--
       (1) Definition of unauthorized alien.--Sections 218(i)(1) 
     (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 
     274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) 
     (8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' 
     and inserting ``274A''.
       (2) Document requirements.--Section 274B (8 U.S.C. 1324b) 
     is amended--
       (A) in subsections (a)(6) and (g)(2)(B), by striking 
     ``274A(b)'' and inserting ``274A(d)''; and
       (B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)'' 
     and inserting ``274A(d)''.
       (d) Amendments to the Social Security Act.--Section 
     205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is 
     amended by adding at the end the following new subparagraphs:
       ``(I)(i) The Commissioner of Social Security shall, subject 
     to the provisions of section 301(f)(2) of the Comprehensive 
     Immigration Reform Act of 2006, establish a reliable, secure 
     method to provide through the Electronic Employment 
     Verification System established pursuant to subsection (d) of 
     section 274A of the Immigration and Nationality Act (referred 
     to in this subparagraph as the `System'), within the time 
     periods required by paragraph (8) of such subsection--
       ``(I) a determination of whether the name, date of birth, 
     employer identification number, and social security account 
     number of an individual provided in an inquiry made to the 
     System by an employer is consistent with such information 
     maintained by the Commissioner in order to confirm the 
     validity of the information provided;
       ``(II) a determination of the citizenship status associated 
     with such name and social security account number, according 
     to the records maintained by the Commissioner;
       ``(III) a determination of whether the name and number 
     belongs to an individual who is deceased, according to the 
     records maintained by the Commissioner;
       ``(IV) a determination of whether the name and number is 
     blocked in accordance with clause (ii); and
       ``(V) a confirmation notice or a nonconfirmation notice 
     described in such paragraph (8), in a manner that ensures 
     that other information maintained by the Commissioner is not 
     disclosed or released to employers through the System.
       ``(ii) The Commissioner of Social Security shall prevent 
     the fraudulent or other misuse of a social security account 
     number by establishing procedures under which an individual 
     who has been assigned a social security account number may 
     block the use of such number under the System and remove such 
     block.
       ``(J) In assigning social security account numbers to 
     aliens who are authorized to work in the United States under 
     section 218A of the Immigration and Nationality Act, the 
     Commissioner of Social Security shall, to the maximum extent 
     practicable, assign such numbers by employing the enumeration 
     procedure administered jointly by the Commissioner, the 
     Secretary of State, and the Secretary.''.
       (e) Disclosure of Certain Taxpayer Identity Information.--
       (1) In general.--Section 6103(l) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(21) Disclosure of certain taxpayer identity information 
     by social security administration to department of homeland 
     security.--
       ``(A) In general.--From taxpayer identity information which 
     has been disclosed to the Social Security Administration and 
     upon written request by the Secretary of Homeland Security, 
     the Commissioner of Social Security shall disclose directly 
     to officers, employees, and contractors of the Department of 
     Homeland Security the following information:
       ``(i) Disclosure of employer no-match notices.--Taxpayer 
     identity information of

[[Page S5019]]

     each person who has filed an information return required by 
     reason of section 6051 during calendar year 2006, 2007, or 
     2008 which contains--

       ``(I) more than 100 names and taxpayer identifying numbers 
     of employees (within the meaning of such section) that did 
     not match the records maintained by the Commissioner of 
     Social Security, or
       ``(II) more than 10 names of employees (within the meaning 
     of such section) with the same taxpayer identifying number.

       ``(ii) Disclosure of information regarding use of duplicate 
     employee taxpayer identifying information.--Taxpayer identity 
     information of each person who has filed an information 
     return required by reason of section 6051 which the 
     Commissioner of Social Security has reason to believe, based 
     on a comparison with information submitted by the Secretary 
     of Homeland Security, contains evidence of identity fraud due 
     to the multiple use of the same taxpayer identifying number 
     (assigned under section 6109) of an employee (within the 
     meaning of section 6051).
       ``(iii) Disclosure of information regarding 
     nonparticipating employers.--Taxpayer identity information of 
     each person who has filed an information return required by 
     reason of section 6051 which the Commissioner of Social 
     Security has reason to believe, based on a comparison with 
     information submitted by the Secretary of Homeland Security, 
     contains evidence of such person's failure to register and 
     participate in the Electronic Employment Verification System 
     authorized under section 274A(d) of the Immigration and 
     Nationality Act (hereafter in this paragraph referred to as 
     the `System').
       ``(iv) Disclosure of information regarding new employees of 
     nonparticipating employers.--Taxpayer identity information of 
     all employees (within the meaning of section 6051) hired 
     after the date a person identified in clause (iii) is 
     required to participate in the System under section 
     274A(d)(2) or section 274A(d)(3)(B) of the Immigration and 
     Nationality Act.
       ``(v) Disclosure of information regarding employees of 
     certain designated employers.--Taxpayer identity information 
     of all employees (within the meaning of section 6051) of each 
     person who is required to participate in the System under 
     section 274A(d)(3)(B) of the Immigration and Nationality Act.
       ``(vi) Disclosure of new hire taxpayer identity 
     information.--Taxpayer identity information of each person 
     participating in the System and taxpayer identity information 
     of all employees (within the meaning of section 6051) of such 
     person hired during the period beginning with the later of--

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

     ending with the date of the most recent request under this 
     clause.
       ``(B) Restriction on disclosure.--The Commissioner of 
     Social Security shall disclose taxpayer identity information 
     under subparagraph (A) only for purposes of, and to the 
     extent necessary in--
       ``(i) establishing and enforcing employer participation in 
     the System,
       ``(ii) carrying out, including through civil administrative 
     and civil judicial proceedings, of sections 212, 217, 235, 
     237, 238, 274A, 274B, and 274C of the Immigration and 
     Nationality Act, and
       ``(iii) the civil operation of the Alien Terrorist Removal 
     Court.
       ``(C) Reimbursement.--The Commissioner of Social Security 
     shall prescribe a reasonable fee schedule for furnishing 
     taxpayer identity information under this paragraph and 
     collect such fees in advance from the Secretary of Homeland 
     Security.
       ``(D) Termination.--This paragraph shall not apply to any 
     request made after the date which is 3 years after the date 
     of the enactment of this paragraph.''.
       (2) Compliance by dhs contractors with confidentiality 
     safeguards.--
       (A) In general.--Section 6103(p) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(9) Disclosure to dhs contractors.--Notwithstanding any 
     other provision of this section, no return or return 
     information shall be disclosed to any contractor of the 
     Department of Homeland Security unless such Department, to 
     the satisfaction of the Secretary--
       ``(A) has requirements in effect which require each such 
     contractor which would have access to returns or return 
     information to provide safeguards (within the meaning of 
     paragraph (4)) to protect the confidentiality of such returns 
     or return information,
       ``(B) agrees to conduct an on-site review every 3 years 
     (mid-point review in the case of contracts or agreements of 
     less than 1 year in duration) of each contractor to determine 
     compliance with such requirements,
       ``(C) submits the findings of the most recent review 
     conducted under subparagraph (B) to the Secretary as part of 
     the report required by paragraph (4)(E), and
       ``(D) certifies to the Secretary for the most recent annual 
     period that such contractor is in compliance with all such 
     requirements.
     The certification required by subparagraph (D) shall include 
     the name and address of each contractor, a description of the 
     contract or agreement with such contractor, and the duration 
     of such contract or agreement.''.
       (3) Conforming amendments.--
       (A) Section 6103(a)(3) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (B) Section 6103(p)(3)(A) of such Code is amended by adding 
     at the end the following new sentence: ``The Commissioner of 
     Social Security shall provide to the Secretary such 
     information as the Secretary may require in carrying out this 
     paragraph with respect to return information inspected or 
     disclosed under the authority of subsection (l)(21).''.
       (C) Section 6103(p)(4) of such Code is amended--
       (i) by striking ``or (17)'' both places it appears and 
     inserting ``(17), or (21)'', and
       (ii) by striking ``or (20)'' each place it appears and 
     inserting ``(20), or (21)''.
       (D) Section 6103(p)(8)(B) of such Code is amended by 
     inserting ``or paragraph (9)'' after ``subparagraph (A)''.
       (E) Section 7213(a)(2) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (f) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary such sums as are necessary to carry out the 
     amendments made by this section.
       (2) Limitation on verification responsibilities of 
     commissioner of social security.--The Commissioner of Social 
     Security is authorized to perform activities with respect to 
     carrying out the Commissioner's responsibilities in this 
     title or the amendments made by this title, but only to the 
     extent the Secretary has provided, in advance, funds to cover 
     the Commissioner's full costs in carrying out such 
     responsibilities. In no case shall funds from the Federal 
     Old-Age and Survivors Insurance Trust Fund or the Federal 
     Disability Insurance Trust Fund be used to carry out such 
     responsibilities.
       (g) Effective Dates.--
       (1) In general.--The amendments made by subsections (a), 
     (b), (c), and (d) shall take effect on the date that is 180 
     days after the date of the enactment of this Act.
       (2) Subsection (e).--
       (A) In general.--The amendments made by subsection (e) 
     shall apply to disclosures made after the date of the 
     enactment of this Act.
       (B) Certifications.--The first certification under section 
     6103(p)(9)(D) of the Internal Revenue Code of 1986, as added 
     by subsection (e)(2), shall be made with respect to calendar 
     year 2007.

     SEC. 302. EMPLOYER COMPLIANCE FUND.

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

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

       (a) Increase in Number of Personnel.--The Secretary shall, 
     subject to the availability of appropriations for such 
     purpose, annually increase, by not less than 2,200, the 
     number of personnel of the Bureau of Immigration and Customs 
     Enforcement during the 5-year period beginning on the date of 
     the enactment of this Act.
       (b) Use of Personnel.--The Secretary shall ensure that not 
     less than 25 percent of all the hours expended by personnel 
     of the Bureau of Immigration and Customs Enforcement shall be 
     used to enforce compliance with sections 274A and 274C of the 
     Immigration and Nationality Act (8 U.S.C. 1324a and 1324c).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for each of the fiscal 
     years 2007 through 2011 such sums as may be necessary to 
     carry out this section.

     SEC. 304. CLARIFICATION OF INELIGIBILITY FOR 
                   MISREPRESENTATION.

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

     SEC. 305. ANTIDISCRIMINATION PROTECTIONS.

       (a) Application of Prohibition of Discrimination to 
     Verification System.--Section 274B(a)(1) (8 U.S.C. 
     1324b(a)(1)) is amended by inserting ``, the verification of 
     the individual's work authorization through the Electronic 
     Employment Verification System described in section 
     274A(d),'' after ``the individual for employment''.
       (b) Classes of Aliens as Protected Individuals.--Section 
     274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is amended to read as 
     follows:
       ``(B) is an alien who is--
       ``(i) lawfully admitted for permanent residence;
       ``(ii) granted the status of an alien lawfully admitted for 
     temporary residence under section 210(a) or 245(a)(1);
       ``(iii) admitted as a refugee under section 207;

[[Page S5020]]

       ``(iv) granted asylum under section 208;
       ``(v) granted the status of a nonimmigrant under section 
     101(a)(15)(H)(ii)(c);
       ``(vi) granted temporary protected status under section 
     244; or
       ``(vii) granted parole under section 212(d)(5).''.
       (c) Requirements for Electronic Employment Verification.--
     Section 274B(a) (8 U.S.C. 1324b(a)) is amended by adding at 
     the end the following:
       ``(7) Antidiscrimination requirements of the electronic 
     employment verification system.--It is an unfair immigration-
     related employment practice for a person or other entity, in 
     the course of the electronic verification process described 
     in section 274A(d)--
       ``(A) to terminate or undertake any adverse employment 
     action due to a tentative nonconfirmation;
       ``(B) to use the verification system for screening of an 
     applicant prior to an offer of employment;
       ``(C) except as described in section 274A(d)(3)(B), to use 
     the verification system for a current employee after the 
     first 3 days of employment, or for the reverification of an 
     employee after the employee has satisfied the process 
     described in section 274A(d); or
       ``(D) to require an individual to make an inquiry under the 
     self-verification procedures established in section 
     274A(d)(8)(E)(iii).''.
       (d) Increase in Civil Money Penalties.--Section 274B(g)(2) 
     (8 U.S.C. 1324b(g)(2)) is amended--
       (1) in subparagraph (B)(iv)--
       (A) in subclause (I), by striking ``$250 and not more than 
     $2,000'' and inserting ``$1,000 and not more than $4,000'';
       (B) in subclause (II), by striking ``$2,000 and not more 
     than $5,000'' and inserting ``$4,000 and not more than 
     $10,000'';
       (C) in subclause (III), by striking ``$3,000 and not more 
     than $10,000'' and inserting ``$6,000 and not more than 
     $20,000''; and
       (D) in subclause (IV), by striking ``$100 and not more than 
     $1,000'' and inserting ``$500 and not more than $5,000''.
       (e) Increased Funding of Information Campaign.--Section 
     274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by inserting 
     ``and an additional $40,000,000 for each of fiscal years 2007 
     through 2009'' before the period at the end.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act and shall apply to violations 
     occurring on or after such date.
       Subsection (b) of section 402 is amended to read as 
     follows:
       (b) Effective Date and Application.--
       (1) Effective date.--The amendment made by subsection (a) 
     shall take effect on the date that is 18 months after the 
     date that not less than $400,000,000 have been appropriated 
     and made available to the Secretary to implement the 
     Electronic Employment Verification System established under 
     274A(d) of the Immigration and Nationality Act, as amended by 
     section 301(a), with respect to aliens, who, on such 
     effective date, are outside of the United States.
                                 ______
                                 
  SA 4178. Mr. BAUCUS (for himself, Mr. Craig, Ms. Cantwell, and Mr. 
Burns) submitted an amendment intended to be proposed by him to the 
bill S. 2611, to provide for comprehensive immigration reform and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 12, line 1, strike ``(e)'' and insert the 
     following:
       (e) Unmanned Aerial Vehicle Pilot Program.--During the 1-
     year period beginning on the date on which the report is 
     submitted under subsection (c), the Secretary shall conduct a 
     pilot program to test unmanned aerial vehicles for border 
     surveillance along the international border between Canada 
     and the United States.
       (f)
                                 ______
                                 
  SA 4179. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place insert the following:

     SEC. ___. ACCESS FOR SHORT-TERM STUDY.

       (a) Reduced Fee for Short-Term Study.--
       (1) In general.--Section 641(e)(4)(A) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1372(e)(4)(A)) is amended by striking the second 
     sentence and inserting ``Except as provided in subsection 
     (g)(2), the fee imposed on any individual may not exceed 
     $100, except that in the case of an alien admitted under 
     subparagraph (J) of section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) as an au pair, camp 
     counselor, or participant in a summer work travel program, 
     the fee shall not exceed $35 and that in the case of an alien 
     admitted under subparagraph (F) of such section 101(a)(15) 
     for a program that will not exceed 90 days, the fee shall not 
     exceed $35.''.
       (2) Technical amendments.--Such section 641(e)(4)(A) is 
     further amended--
       (A) in the first sentence, by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security''; and
       (B) in the third sentence, by striking ``Attorney 
     General's'' and inserting ``Secretary's''.
       (b) Recreational Courses.--Notwithstanding any other 
     provision of law, not later than 60 days after the date of 
     enactment of this Act, the Secretary of State shall issue 
     appropriate guidance to consular officers to in order to give 
     appropriate discretion, according to criteria developed at 
     each post and approved by the Secretary of State, so that a 
     course of a duration no more than 1 semester (or its 
     equivalent), and not awarding certification, license or 
     degree, is considered recreational in nature for purposes of 
     determining appropriateness for visitor status.
       (c) Language Training Programs.--
       (1) Requirement for accreditation.---Section 
     101(a)(15)(F)(i) (8 U.S.C. 1101(a)(15)(F)(i)) is amended by 
     striking ``a language'' and inserting ``an accredited 
     language''.
       (2) Requirement for regulations.--Not later than 6 months 
     after the date of the enactment of this Act, the Secretary 
     shall issue regulations to carry out the amendment made by 
     paragraph (1). Such regulations shall--
       (A) except as provided in subparagraphs (C) and (D), 
     require that an accredited language training program 
     described in section 101(a)(15)(F)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(F)(i)) be accredited by 
     an accrediting agency recognized by the Secretary of 
     Education;
       (B) require that if such an accredited language training 
     program provides intensive language training, the head of 
     such program provide the Secretary with documentation 
     regarding the specific subject matter for which the program 
     is accredited;
       (C) permit an alien admitted as a nonimmigrant under such 
     section 101(a)(15)(F)(i) to participate in a language 
     training program that is not accredited as described in 
     subparagraph (A) during the 2-year period beginning on the 
     date of the enactment of this Act; and
       (D) permit a language training program established after 
     the date of the enactment of this Act and that is not 
     accredited as described in subparagraph (A) to qualify as an 
     accredited language training program under such section 
     101(a)(15)(F)(i) during the 2-year period beginning on the 
     date such language training program is established.
                                 ______
                                 
  SA 4180. Mr. FRIST submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end, add the following:

     SEC. ___. IDENTIFICATION REQUIREMENTS.

       (a) Requirement for Identification Cards to Include 
     Citizenship Information.--Subsection (b) of section 202 of 
     the REAL ID Act of 2005 (49 U.S.C. 30301 note) is amended by 
     redesignating paragraphs (8) and (9) as paragraphs (9) and 
     (10), respectively, and by inserting after paragraph (7) the 
     following new paragraph:
       ``(8) An indication of whether the person is a United 
     States citizen.''.
       (b) Identification Required for 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 by redesignating 
     sections 304 and 305 as sections 305 and 306, respectively, 
     and 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 before voting a current valid photo identification 
     which is issued by a governmental entity and which meets the 
     requirements of subsection (b) of section 202 of the REAL ID 
     Act of 2005 (49 U.S.C. 30301 note).
       ``(b) Effective Date.--Each State shall be required to 
     comply with the requirements of subsection (a) on and after 
     May 11, 2008.''.
       (2) Conforming amendment.--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''.
       (c) Funding for Free Photo Identifications.--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 Election Assistance Commission shall 
     make payments to States to promote the issuance to registered 
     voters of free photo identifications for purposes of meeting 
     the identification requirements of 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 of 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 of 
     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 of section 
     304.

[[Page S5021]]

       ``(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 are 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.''.

     SEC. __. EXCLUSION OF ILLEGAL ALIENS FROM CONGRESSIONAL 
                   APPORTIONMENT TABULATIONS.

       In addition to any report under this act the Director of 
     the Bureau of Census shall submit to Congress a report on the 
     impact of illegal immigration on the apportionment of 
     Representatives of Congress among the several states, and any 
     methods and procedures that the Director determines to be 
     feasible and appropriate, to ensure that individuals who are 
     found by an authorized Federal agency to be unlawfully 
     present in the United States are not counted in tabulating 
     population for purposes of apportionment of Representatives 
     in Congress among the several States.

     SEC. __. REFORM OF THE DIVERSITY VISA PROGRAM.

       (a) Worldwide Level of Immigrants With Advanced Degrees.--
     Section 201 (8 U.S.C. 1151) is amended--
       (1) in subsection (a)(3), by inserting ``and immigrants 
     with advanced degrees'' after ``diversity immigrants''; and
       (2) by amending subsection (e) to read as follows:
       ``(e) Worldwide Level of Diversity Immigrants and 
     Immigrants With Advanced Degrees.--
       ``(1) Diversity immigrants.--The worldwide level of 
     diversity immigrants described in section 203(c)(1) is equal 
     to 18,333 for each fiscal year.
       ``(2) Immigrants with advanced degrees.--The worldwide 
     level of immigrants with advanced degrees described in 
     section 203(c)(2) is equal to 36,667 for each fiscal year.''.
       (b) Immigrants With Advanced Degrees.--Section 203 (8 
     U.S.C. 1153(c)) is amended--
       (1) in subsection (c)--
       (A) in paragraph (1), by striking ``paragraph (2), aliens 
     subject to the worldwide level specified in section 201(e)'' 
     and inserting ``paragraphs (2) and (3), aliens subject to the 
     worldwide level specified in section 201(e)(1)'';
       (B) by redesignating paragraphs (2) and (3) as paragraphs 
     (3) and (4), respectively;
       (C) by inserting after paragraph (1) the following:
       ``(2) Aliens who hold an advanced degree in science, 
     mathematics, technology, or engineering.--
       ``(A) In general.--Qualified immigrants who hold a master's 
     or doctorate degree in the life sciences, the physical 
     sciences, mathematics, technology, or engineering from an 
     accredited university in the United States, or an equivalent 
     foreign degree, shall be allotted visas each fiscal year in a 
     number not to exceed the worldwide level specified in section 
     201(e)(2).
       ``(B) Economic considerations.--Beginning on the date which 
     is 1 year after the date of the enactment of this paragraph, 
     the Secretary of State, in consultation with the Secretary of 
     Commerce and the Secretary of Labor, and after notice and 
     public hearing, shall determine which of the degrees 
     described in subparagraph (A) will provide immigrants with 
     the knowledge and skills that are most needed to meet 
     anticipated workforce needs and protect the economic security 
     of the United States.'';
       (D) in paragraph (3), as redesignated, by striking ``this 
     subsection'' each place it appears and inserting ``paragraph 
     (1)''; and
       (E) by amending paragraph (4), as redesignated, to read as 
     follows:
       ``(4) Maintenance of information.--
       ``(A) Diversity immigrants.--The Secretary of State shall 
     maintain information on the age, occupation, education level, 
     and other relevant characteristics of immigrants issued visas 
     under paragraph (1).
       ``(B) Immigrants with advanced degrees.--The Secretary of 
     State shall maintain information on the age, degree 
     (including field of study), occupation, work experience, and 
     other relevant characteristics of immigrants issued visas 
     under paragraph (2).''; and
       (2) in subsection (e)--
       (A) in paragraph (2), by striking ``(c)'' and inserting 
     ``(c)(1)'';
       (B) by redesignating paragraph (3) as paragraph (4); and
       (C) by inserting after paragraph (2) the following:
       ``(3) Immigrant visas made available under subsection 
     (c)(2) shall be issued as follows:
       ``(A) If the Secretary of State has not made a 
     determination under subsection (c)(2)(B), immigrant visas 
     shall be issued in a strictly random order established by the 
     Secretary for the fiscal year involved.
       ``(B) If the Secretary of State has made a determination 
     under subsection (c)(2)(B) and the number of eligible 
     qualified immigrants who have a degree selected under such 
     subsection and apply for an immigrant visa described in 
     subsection (c)(2) is greater than the worldwide level 
     specified in section 201(e)(2), the Secretary shall issue 
     immigrant visas only to such immigrants and in a strictly 
     random order established by the Secretary for the fiscal year 
     involved.
       ``(C) If the Secretary of State has made a determination 
     under subsection (c)(2)(B) and the number of eligible 
     qualified immigrants who have degrees selected under such 
     subsection and apply for an immigrant visa described in 
     subsection (c)(2) is not greater than the worldwide level 
     specified in section 201(e)(2), the Secretary shall--
       ``(i) issue immigrant visas to eligible qualified 
     immigrants with degrees selected in subsection (c)(2)(B); and
       ``(ii) issue any immigrant visas remaining thereafter to 
     other eligible qualified immigrants with degrees described in 
     subsection (c)(2)(A) in a strictly random order established 
     by the Secretary for the fiscal year involved.''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on October 1, 2006.

     SEC. __. ADMISSION OF TEMPORARY GUEST WORKERS.

       (a) In General.--Chapter 2 of title II (8 U.S.C. 1181 et 
     seq.), as amended by title IV and title VI, is further 
     amended by inserting after section 218H the following:

     ``SEC. 218I. SECURE AUTHORIZED FOREIGN EMPLOYEE (SAFE) VISA 
                   PROGRAM.

       ``(a) Authorization.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary of State shall, 
     subject to the numeric limits under subsection (i), award a 
     SAFE visa to each alien who is a national of a NAFTA or 
     CAFTA-DR country and who meets the requirements under 
     subsection (b), to perform services in the United States in 
     accordance with this section.
       ``(b) Requirements for Admission.--An alien is eligible for 
     a SAFE visa if the alien--
       ``(1) has a residence in a NAFTA or CAFTA-DR country, which 
     the alien has no intention of abandoning;
       ``(2) applies for an initial SAFE visa while in the alien's 
     country of nationality;
       ``(3) establishes that the alien has received a job offer 
     from an employer who has complied with the requirements under 
     subsection (c);
       ``(4) undergoes a medical examination (including a 
     determination of immunization status), at the alien's 
     expense, that conforms to generally accepted standards of 
     medical practice;
       ``(5) passes all appropriate background checks, as 
     determined by the Secretary of Homeland Security;
       ``(6) submits a completed application, on a form designed 
     by the Secretary of Homeland Security; and
       ``(7) pays a visa issuance fee, in an amount determined by 
     the Secretary of State to be equal to not less than the cost 
     of processing and adjudicating such application.
       ``(c) Employer Responsibilities.--An employer seeking to 
     hire a national of a NAFTA or CAFTA-DR country under this 
     section shall--
       ``(1) submit a request to the Secretary of Labor for a 
     certification under subsection (d) that there is a shortage 
     of workers in the occupational classification and geographic 
     area for which the foreign worker is sought;
       ``(2) submit to each foreign worker a written employment 
     offer that sets forth the rate of pay at a rate that is not 
     less than the greater of--
       ``(A) the prevailing wage for such occupational 
     classification in such geographic area; or
       ``(B) the applicable minimum wage in the State in which the 
     worker will be employed;
       ``(3) provide the foreign worker one-time transportation 
     from the country of origin to the place of employment and 
     from the place of employment to the country of origin, the 
     cost of which may be deducted from the worker's pay under an 
     employment agreement; and
       ``(4) withhold and remit appropriate payroll deductions to 
     the Internal Revenue Service.
       ``(d) Labor Certification.--Upon receiving a request from 
     an employer under subsection (c)(1), the Secretary of Labor 
     shall--
       ``(1) determine if there are sufficient United States 
     workers who are able, willing, qualified, and available to 
     fill the position in which the alien is, or will be employed, 
     based on the national unemployment rate and the number of 
     workers needed in the occupational classification and 
     geographic area for which the foreign worker is sought; and
       ``(2) if the Secretary determines under paragraph (1) that 
     there are insufficient United States workers, provide the 
     employer with labor shortage certification for the 
     occupational classification for which the worker is sought.
       ``(e) Period of Authorized Admission.--
       ``(1) Duration.--A SAFE visa worker may remain in the 
     United States for not longer than 10 months during the 12-
     month period for which the visa is issued.
       ``(2) Renewal.--A SAFE visa may be renewed for additional 
     10-month work periods under the requirements described in 
     this section.

[[Page S5022]]

       ``(3) Visits outside united states.--Under regulations 
     established by the Secretary of Homeland Security, a SAFE 
     visa worker--
       ``(A) may travel outside of the United States; and
       ``(B) may be readmitted without having to obtain a new visa 
     if the period of authorized admission has not expired.
       ``(4) Loss of employment.--The period of authorized 
     admission under this section shall terminate if the SAFE visa 
     worker is unemployed for 60 or more consecutive days. Any 
     SAFE visa worker whose period of authorized admission 
     terminates under this paragraph shall be required to leave 
     the United States.
       ``(5) Return to country of origin.--A SAFE visa worker may 
     not apply for lawful permanent residence or any other visa 
     category until the worker has relinquished the SAFE visa and 
     returned to the worker's country of origin.
       ``(6) Failure to comply.--If a SAFE visa worker fails to 
     comply with the terms of the SAFE visa, the worker will be 
     permanently ineligible for the SAFE visa program.
       ``(f) Evidence of Nonimmigrant Status.--Each SAFE visa 
     worker shall be issued a SAFE visa card, which--
       ``(1) shall be machine-readable, tamper-resistant, and 
     allow for biometric authentication;
       ``(2) shall be designed in consultation with the Forensic 
     Document Laboratory of the Bureau of Immigration and Customs 
     Enforcement; and
       ``(3) shall, during the alien's authorized period of 
     admission under subsection (e), serve as a valid entry 
     document for the purpose of entering the United States.
       ``(g) Social Services.--
       ``(1) In general.--SAFE visa workers are not eligible for 
     Federal, State, or local government-sponsored social 
     services.
       ``(2) Social security.--Upon request, a SAFE visa worker 
     shall receive the total employee portion of the Social 
     Security contributions withheld from the worker's pay. Any 
     worker who receives such contributions shall be permanently 
     ineligible to renew a SAFE visa under subsection (e)(2).
       ``(3) Medicare.--Amounts withheld from the SAFE visa 
     workers' pay for Medicare contributions shall be used to pay 
     for uncompensated emergency health care provided to 
     noncitizens.
       ``(h) Permanent Residence; Citizenship.--Nothing in this 
     section shall be construed to provide a SAFE visa worker with 
     eligibility to apply for legal permanent residence or a path 
     towards United States citizenship.
       ``(i) Numerical Limits.--
       ``(1) Annual limits.--Except as provided under paragraphs 
     (2) and (3), the number of SAFE visas authorized under this 
     section shall not exceed 200,000 per fiscal year.
       ``(2) Waiver.--The President may waive the limit under 
     paragraph (1) for a specific fiscal year by certifying that 
     additional foreign workers are needed in that fiscal year.
       ``(3) Incremental adjustments.--If the President certifies 
     that additional foreign workers are needed in a specific 
     year, the Secretary of State may increase the number of SAFE 
     visas available in that fiscal year by the number of 
     additional workers certified under paragraph (2).
       ``(4) Congressional oversight.--The President shall 
     transmit to Congress all certifications authorized in this 
     section.
       ``(5) Allocation of safe visas during a fiscal year.--Not 
     more than 50 percent of the total number of SAFE visas 
     available in each fiscal year may be allocated to aliens who 
     will enter the United States pursuant to such visa during the 
     first 6 months of such fiscal year.
       ``(j) Savings Provision.--Nothing in this section shall be 
     construed to affect any other visa program authorized by 
     Federal law.
       ``(k) Reporting Requirement.--Not later than 3 years after 
     the implementation of the SAFE visa program, the President 
     shall submit a detailed report to Congress on the status of 
     the program, including the number of visas issued and the 
     feasibility of expanding the program.
       ``(l) Definitions.--In this section:
       ``(1) NAFTA or cafta-dr country.--The term `NAFTA or CAFTA-
     DR country' means any country (except for the United States) 
     that has signed the North American Free Trade Agreement or 
     the Central America-Dominican Republic-United States Free 
     Trade Agreement.
       ``(2) SAFE visa.--The term `SAFE visa' means a visa 
     authorized under this section.''.
       (b) Clerical Amendment.--The table of contents (8 U.S.C. 
     1101) is amended by inserting after the item relating to 
     section 218H, as added by section 615, the following:

``Sec. 218I. Secure Authorized Foreign Employee Visa Program.''.

     SEC. __. BLUE CARD PROGRAM.

       (a) Work Day Defined.--Notwithstanding paragraph (7) of 
     section 612 of this Act, for the purposes of the AgJOBS Act 
     of 2006, as added by subtitle B of title VI, the term ``work 
     day'' shall mean any day in which the individual is employed 
     8 or more hours in agriculture.
       (b) Definitions.--The definitions of terms defined in 
     section 612 of this Act, as applied by subsection (a), shall 
     apply to such terms in this section.
       (c) Blue Card Program.--
       (1) In general.--Notwithstanding any other provision of 
     this Act, the Secretary may confer blue card status upon an 
     alien who qualifies under this subsection if the Secretary 
     determines that the alien--
       (A) has performed agricultural employment in the United 
     States for at least 150 work days per year during the 24-
     month period ending on December 31, 2005;
       (B) applied for such status during the 18-month application 
     period beginning on the first day of the seventh month that 
     begins after the date of enactment of this Act; and
       (C) is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under subsection (g)(2).
       (2) Authorized travel.--An alien in blue card status has 
     the right to travel abroad (including commutation from a 
     residence abroad) in the same manner as an alien lawfully 
     admitted for permanent residence.
       (3) Authorized employment.--An alien in blue card status 
     shall be provided an ``employment authorized'' endorsement or 
     other appropriate work permit, in the same manner as an alien 
     lawfully admitted for permanent residence.
       (4) Termination of blue card status.--
       (A) In general.--The Secretary may terminate blue card 
     status granted under this subsection only upon a 
     determination under this section or AgJOBS Act of 2006, as 
     added by subtitle B of title VI, that the alien is 
     deportable.
       (B) Grounds for termination of blue card status.--Before 
     any alien becomes eligible for adjustment of status under 
     subsection (e), the Secretary may deny adjustment to 
     permanent resident status and provide for termination of the 
     blue card status granted such alien under paragraph (1) if--
       (i) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to blue card status was the 
     result of fraud or willful misrepresentation (as described in 
     section 212(a)(6)(C)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States as an immigrant, except as provided under 
     subsection (g)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.

       (5) Record of employment.--
       (A) In general.--Each employer of a worker granted status 
     under this subsection shall annually--
       (i) provide a written record of employment to the alien; 
     and
       (ii) provide a copy of such record to the Secretary.
       (B) Sunset.--The obligation under subparagraph (A) shall 
     terminate on the date that is 6 years after the date of the 
     enactment of this Act.
       (6) Required features of blue card.--The Secretary shall 
     provide each alien granted blue card status and the spouse 
     and children of each such alien residing in the United States 
     with a card that contains--
       (A) an encrypted, machine-readable, electronic 
     identification strip that is unique to the alien to whom the 
     card is issued;
       (B) biometric identifiers, including fingerprints and a 
     digital photograph; and
       (C) physical security features designed to prevent 
     tampering, counterfeiting, or duplication of the card for 
     fraudulent purposes.
       (7) Fine.--An alien granted blue card status shall pay a 
     fine to the Secretary in an amount equal to $1,000.
       (8) Maximum number.--The Secretary may issue not more than 
     1,500,000 blue cards during the 5-year period beginning on 
     the date of the enactment of this Act.
       (d) Rights of Aliens Granted Blue Card Status.--
       (1) In general.--Except as otherwise provided under this 
     subsection, an alien in blue card status shall be considered 
     to be an alien lawfully admitted for permanent residence for 
     purposes of any law other than any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Delayed eligibility for certain federal public 
     benefits.--An alien in blue card status shall not be 
     eligible, by reason of such status, for any form of 
     assistance or benefit described in section 403(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date 
     on which the Secretary confers blue card status upon that 
     alien.
       (3) Terms of employment for aliens admitted under this 
     section.--
       (A) Prohibition.--No alien granted blue card status may be 
     terminated from employment by any employer during the period 
     of blue card status except for just cause.
       (B) Treatment of complaints.--
       (i) Establishment of process.--The Secretary shall 
     establish a process for the receipt, initial review, and 
     disposition of complaints by aliens granted blue card status 
     who allege that they have been terminated without just cause. 
     No proceeding shall be conducted under this subparagraph with 
     respect to a termination unless the Secretary determines that 
     the complaint was filed not later than 6 months after the 
     date of the termination.
       (ii) Initiation of arbitration.--If the Secretary finds 
     that a complaint has been filed in accordance with clause (i) 
     and there is reasonable cause to believe that the complainant 
     was terminated without just cause, the Secretary shall 
     initiate binding arbitration proceedings by requesting the 
     Federal

[[Page S5023]]

     Mediation and Conciliation Service to appoint a mutually 
     agreeable arbitrator from the roster of arbitrators 
     maintained by such Service for the geographical area in which 
     the employer is located. The procedures and rules of such 
     Service shall be applicable to the selection of such 
     arbitrator and to such arbitration proceedings. The Secretary 
     shall pay the fee and expenses of the arbitrator, subject to 
     the availability of appropriations for such purpose.
       (iii) Arbitration proceedings.--The arbitrator shall 
     conduct the proceeding in accordance with the policies and 
     procedures promulgated by the American Arbitration 
     Association applicable to private arbitration of employment 
     disputes. The arbitrator shall make findings respecting 
     whether the termination was for just cause. The arbitrator 
     may not find that the termination was for just cause unless 
     the employer so demonstrates by a preponderance of the 
     evidence. If the arbitrator finds that the termination was 
     not for just cause, the arbitrator shall make a specific 
     finding of the number of days or hours of work lost by the 
     employee as a result of the termination. The arbitrator shall 
     have no authority to order any other remedy, including, but 
     not limited to, reinstatement, back pay, or front pay to the 
     affected employee. Within 30 days from the conclusion of the 
     arbitration proceeding, the arbitrator shall transmit the 
     findings in the form of a written opinion to the parties to 
     the arbitration and the Secretary. Such findings shall be 
     final and conclusive, and no official or court of the United 
     States shall have the power or jurisdiction to review any 
     such findings.
       (iv) Effect of arbitration findings.--If the Secretary 
     receives a finding of an arbitrator that an employer has 
     terminated an alien granted blue card status without just 
     cause, the Secretary shall credit the alien for the number of 
     days or hours of work lost for purposes of the requirement of 
     subsection (e)(1).
       (v) Treatment of attorney's fees.--The parties shall bear 
     the cost of their own attorney's fees involved in the 
     litigation of the complaint.
       (vi) Nonexclusive remedy.--The complaint process provided 
     for in this subparagraph is in addition to any other rights 
     an employee may have in accordance with applicable law.
       (vii) Effect on other actions or proceedings.--Any finding 
     of fact or law, judgment, conclusion, or final order made by 
     an arbitrator in the proceeding before the Secretary shall 
     not be conclusive or binding in any separate or subsequent 
     action or proceeding between the employee and the employee's 
     current or prior employer brought before an arbitrator, 
     administrative agency, court, or judge of any State or the 
     United States, regardless of whether the prior action was 
     between the same or related parties or involved the same 
     facts, except that the arbitrator's specific finding of the 
     number of days or hours of work lost by the employee as a 
     result of the employment termination may be referred to the 
     Secretary pursuant to clause (iv).
       (C) Civil penalties.--
       (i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted blue card status has failed to provide the record of 
     employment required under subsection (c)(5) or has provided a 
     false statement of material fact in such a record, the 
     employer shall be subject to a civil money penalty in an 
     amount not to exceed $1,000 per violation.
       (ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (e) Adjustment to Permanent Residence.--
       (1) Agricultural workers.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall adjust the status of an alien granted 
     blue card status to that of an alien lawfully admitted for 
     permanent residence if the Secretary determines that the 
     following requirements are satisfied:
       (i) Qualifying employment.--The alien has performed at 
     least--

       (I) 5 years of agricultural employment in the United 
     States, for at least 100 work days or 575 hours, but in no 
     case less than 575 hours per year, during the 5-year period 
     beginning on the date of the enactment of this Act; or
       (II) 3 years of agricultural employment in the United 
     States, for at least 150 work days or 863 hours, but in no 
     case less than 863 hours per year, during the 5-year period 
     beginning on the date of the enactment of this Act.

       (ii) Proof.--An alien may demonstrate compliance with the 
     requirement under clause (i) by submitting--

       (I) the record of employment described in subsection 
     (c)(5); or
       (II) such documentation as may be submitted under 
     subsection (f)(3).

       (iii) Extraordinary circumstances.--In determining whether 
     an alien has met the requirement under clause (i)(I), the 
     Secretary may credit the alien with not more than 12 
     additional months to meet the requirement under clause (i) if 
     the alien was unable to work in agricultural employment due 
     to--

       (I) pregnancy, injury, or disease, if the alien can 
     establish such pregnancy, disabling injury, or disease 
     through medical records;
       (II) illness, disease, or other special needs of a minor 
     child, if the alien can establish such illness, disease, or 
     special needs through medical records; or
       (III) severe weather conditions that prevented the alien 
     from engaging in agricultural employment for a significant 
     period of time.

       (iv) Application period.--The alien applies for adjustment 
     of status not later than 7 years after the date of the 
     enactment of this Act.
       (v) Fine.--The alien pays a fine to the Secretary in an 
     amount equal to $1,000.
       (vi) English language.--The alien has demonstrated an 
     understanding of the English language, as required under 
     section 312(a)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1423(a)(1)).
       (B) Grounds for denial of adjustment of status.--The 
     Secretary may deny an alien adjustment to permanent resident 
     status, and provide for termination of the blue card status 
     granted such alien, if--
       (i) the Secretary finds by a preponderance of the evidence 
     that the adjustment to blue card status was the result of 
     fraud or willful misrepresentation, as described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States under section 212 of the Immigration and 
     Nationality Act (8 U.S.C. 1182), except as provided under 
     subsection (g)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.

       (C) Grounds for removal.--Any alien granted blue card 
     status who does not apply for adjustment of status under this 
     subsection before the expiration of the application period 
     described in subparagraph (A)(iv), or who fails to meet the 
     other requirements of subparagraph (A) by the end of the 
     applicable period, is deportable and may be removed under 
     section 240 of the Immigration and Nationality Act (8 U.S.C. 
     1229a).
       (D) Payment of income taxes.--
       (i) In general.--Not later than the date on which an 
     alien's status is adjusted under this subsection, the alien 
     shall establish the payment of all Federal income taxes owed 
     for employment during the period of employment required under 
     paragraph (1)(A) by establishing that--

       (I) no such tax liability exists;
       (II) all outstanding liabilities have been met; or
       (III) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.

       (ii) IRS cooperation.--The Commissioner of Internal Revenue 
     shall provide documentation to an alien upon request to 
     establish the payment of all income taxes required under this 
     paragraph.
       (2) Spouses and minor children.--
       (A) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer the status of lawful 
     permanent resident on the spouse and minor child of an alien 
     granted status under paragraph (1), including any individual 
     who was a minor child on the date such alien was granted blue 
     card status, if the spouse or minor child applies for such 
     status, or if the principal alien includes the spouse or 
     minor child in an application for adjustment of status to 
     that of a lawful permanent resident.
       (B) Treatment of spouses and minor children before 
     adjustment of status.--
       (i) Removal.--The spouse and any minor child of an alien 
     granted blue card status may not be removed while such alien 
     maintains such status, except as provided in subparagraph 
     (C).
       (ii) Travel.--The spouse and any minor child of an alien 
     granted blue card status may travel outside the United States 
     in the same manner as an alien lawfully admitted for 
     permanent residence.
       (iii) Employment.--The spouse of an alien granted blue card 
     status may apply to the Secretary for a work permit to 
     authorize such spouse to engage in any lawful employment in 
     the United States while such alien maintains blue card 
     status.
       (C) Grounds for denial of adjustment of status and 
     removal.--The Secretary may deny an alien spouse or child 
     adjustment of status under subparagraph (A) and may remove 
     such spouse or child under section 240 of the Immigration and 
     Nationality Act (8 U.S.C. 1229a) if the spouse or child--
       (i) commits an act that makes the alien spouse or child 
     inadmissible to the United States under section 212 of such 
     Act (8 U.S.C. 1182), except as provided under subsection 
     (g)(2);
       (ii) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (iii) is convicted of a single misdemeanor for which the 
     actual sentence served is 6 months or longer.
       (f) Applications.--
       (1) To whom may be made.--The Secretary shall provide 
     that--
       (A) applications for blue card status may be filed--
       (i) with the Secretary, but only if the applicant is 
     represented by an attorney or a non-profit religious, 
     charitable, social service, or similar organization 
     recognized by the Board of Immigration Appeals under section 
     292.2 of title 8, Code of Federal Regulations; or

[[Page S5024]]

       (ii) with a qualified designated entity (designated under 
     paragraph (2)), but only if the applicant consents to the 
     forwarding of the application to the Secretary; and
       (B) applications for adjustment of status under subsection 
     (e) shall be filed directly with the Secretary.
       (2) Designation of entities to receive applications.--
       (A) In general.--For purposes of receiving applications 
     under subsection (c), the Secretary--
       (i) shall designate qualified farm labor organizations and 
     associations of employers; and
       (ii) may designate such other persons as the Secretary 
     determines are qualified and have substantial experience, 
     demonstrate competence, and have traditional long-term 
     involvement in the preparation and submission of applications 
     for adjustment of status under section 209, 210, or 245 of 
     the Immigration and Nationality Act, Public Law 89-732, 
     Public Law 95-145, or the Immigration Reform and Control Act 
     of 1986.
       (B) References.--Organizations, associations, and persons 
     designated under subparagraph (A) are referred to in this 
     subtitle as ``qualified designated entities''.
       (3) Proof of eligibility.--
       (A) In general.--An alien may establish that the alien 
     meets the requirement of subsection (c)(1)(A) or (e)(1)(A) 
     through government employment records or records supplied by 
     employers or collective bargaining organizations, and other 
     reliable documentation as the alien may provide. The 
     Secretary shall establish special procedures to properly 
     credit work in cases in which an alien was employed under an 
     assumed name.
       (B) Documentation of work history.--
       (i) Burden of proof.--An alien applying for status under 
     subsection (c)(1) or (e)(1) has the burden of proving by a 
     preponderance of the evidence that the alien has worked the 
     requisite number of hours or days (as required under 
     subsection (c)(1)(A) or (e)(1)(A)).
       (ii) Timely production of records.--If an employer or farm 
     labor contractor employing such an alien has kept proper and 
     adequate records respecting such employment, the alien's 
     burden of proof under clause (i) may be met by securing 
     timely production of those records under regulations to be 
     promulgated by the Secretary.
       (iii) Sufficient evidence.--An alien can meet the burden of 
     proof under clause (i) to establish that the alien has 
     performed the work described in subsection (c)(1)(A) or 
     (e)(1)(A) by producing sufficient evidence to show the extent 
     of that employment as a matter of just and reasonable 
     inference.
       (4) Treatment of applications by qualified designated 
     entities.--Each qualified designated entity shall agree to 
     forward to the Secretary applications filed with it in 
     accordance with paragraph (1)(A)(i)(II) but shall not forward 
     to the Secretary applications filed with it unless the 
     applicant has consented to such forwarding. No such entity 
     may make a determination required by this section to be made 
     by the Secretary. Upon the request of the alien, a qualified 
     designated entity shall assist the alien in obtaining 
     documentation of the work history of the alien.
       (5) Limitation on access to information.--Files and records 
     prepared for purposes of this subsection by qualified 
     designated entities operating under this subsection are 
     confidential and the Secretary shall not have access to such 
     files or records relating to an alien without the consent of 
     the alien, except as allowed by a court order issued pursuant 
     to paragraph (6).
       (6) Confidentiality of information.--
       (A) In general.--Except as otherwise provided in this 
     subsection, neither the Secretary, nor any other official or 
     employee of the Department, or a bureau or agency of the 
     Department, may--
       (i) use the information furnished by the applicant pursuant 
     to an application filed under this section, the information 
     provided to the applicant by a person designated under 
     paragraph (2)(A), or any information provided by an employer 
     or former employer, for any purpose other than to make a 
     determination on the application, or for enforcement of 
     paragraph (7);
       (ii) make any publication whereby the information furnished 
     by any particular individual can be identified; or
       (iii) permit anyone other than the sworn officers and 
     employees of the Department, or a bureau or agency of the 
     Department, or, with respect to applications filed with a 
     qualified designated entity, that qualified designated 
     entity, to examine individual applications.
       (B) Required disclosures.--The Secretary shall provide the 
     information furnished under this section, or any other 
     information derived from such furnished information, to--
       (i) a duly recognized law enforcement entity in connection 
     with a criminal investigation or prosecution, if such 
     information is requested in writing by such entity; or
       (ii) an official coroner, for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (C) Construction.--
       (i) In general.--Nothing in this paragraph shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes or law enforcement purposes of 
     information contained in files or records of the Department 
     pertaining to an application filed under this section, other 
     than information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.
       (ii) Criminal convictions.--Information concerning whether 
     the applicant has at any time been convicted of a crime may 
     be used or released for immigration enforcement or law 
     enforcement purposes.
       (D) Crime.--Any person who knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     paragraph shall be subject to a fine in an amount not to 
     exceed $10,000.
       (7) Penalties for false statements in applications.--
       (A) Criminal penalty.--Any person who--
       (i) files an application for status under subsection (c) or 
     (e) and knowingly and willfully falsifies, conceals, or 
     covers up a material fact or makes any false, fictitious, or 
     fraudulent statements or representations, or makes or uses 
     any false writing or document knowing the same to contain any 
     false, fictitious, or fraudulent statement or entry; or
       (ii) creates or supplies a false writing or document for 
     use in making such an application,
     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       (B) Inadmissibility.--An alien who is convicted of a crime 
     under subparagraph (A) shall be considered to be inadmissible 
     to the United States on the ground described in section 
     212(a)(6)(C)(i) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(6)(C)(i)).
       (8) Eligibility for legal services.--Section 504(a)(11) of 
     Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not be 
     construed to prevent a recipient of funds under the Legal 
     Services Corporation Act (42 U.S.C. 2996 et seq.) from 
     providing legal assistance directly related to an application 
     for adjustment of status under this section.
       (9) Application fees.--
       (A) Fee schedule.--The Secretary shall provide for a 
     schedule of fees that--
       (i) shall be charged for the filing of applications for 
     status under subsections (a) and (c); and
       (ii) may be charged by qualified designated entities to 
     help defray the costs of services provided to such 
     applicants.
       (B) Prohibition on excess fees by qualified designated 
     entities.--A qualified designated entity may not charge any 
     fee in excess of, or in addition to, the fees authorized 
     under subparagraph (A)(ii) for services provided to 
     applicants.
       (C) Disposition of fees.--
       (i) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the ``Agricultural Worker Immigration Status Adjustment 
     Account''. Notwithstanding any other provision of law, there 
     shall be deposited as offsetting receipts into the account 
     all fees collected under subparagraph (A)(i).
       (ii) Use of fees for application processing.--Amounts 
     deposited in the ``Agricultural Worker Immigration Status 
     Adjustment Account'' shall remain available to the Secretary 
     until expended for processing applications for status under 
     subsections (c) and (e).
       (g) Waiver of Numerical Limitations and Certain Grounds for 
     Inadmissibility.--
       (1) Numerical limitations do not apply.--The numerical 
     limitations of sections 201 and 202 of the Immigration and 
     Nationality Act (8 U.S.C. 1151 and 1152) shall not apply to 
     the adjustment of aliens to lawful permanent resident status 
     under this section.
       (2) Waiver of certain grounds of inadmissibility.--In the 
     determination of an alien's eligibility for status under 
     subsection (c)(1)(C) or an alien's eligibility for adjustment 
     of status under subsection (e)(1)(B)(ii)(I), the following 
     rules shall apply:
       (A) Grounds of exclusion not applicable.--The provisions of 
     paragraphs (5), (6)(A), (7), and (9) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (B) Waiver of other grounds.--
       (i) In general.--Except as provided in clause (ii), the 
     Secretary may waive any other provision of such section 
     212(a) in the case of individual aliens for humanitarian 
     purposes, to ensure family unity, or if otherwise in the 
     public interest.
       (ii) Grounds that may not be waived.--Paragraphs (2)(A), 
     (2)(B), (2)(C), (3), and (4) of such section 212(a) may not 
     be waived by the Secretary under clause (i).
       (iii) Construction.--Nothing in this subparagraph shall be 
     construed as affecting the authority of the Secretary other 
     than under this subparagraph to waive provisions of such 
     section 212(a).
       (C) Special rule for determination of public charge.--An 
     alien is not ineligible for status under this section by 
     reason of a ground of inadmissibility under section 212(a)(4) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(4)) 
     if the alien demonstrates a history of employment in the 
     United States evidencing self-support without reliance on 
     public cash assistance.
       (h) Temporary Stay of Removal and Work Authorization for 
     Certain Applicants.--
       (1) Before application period.--Effective on the date of 
     enactment of this Act, the Secretary shall provide that, in 
     the case of an alien who is apprehended before the beginning 
     of the application period described in subsection (c)(1)(B) 
     and who can establish a nonfrivolous case of eligibility for 
     blue card status (but for the fact that the alien

[[Page S5025]]

     may not apply for such status until the beginning of such 
     period), until the alien has had the opportunity during the 
     first 30 days of the application period to complete the 
     filing of an application for blue card status, the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (2) During application period.--The Secretary shall provide 
     that, in the case of an alien who presents a nonfrivolous 
     application for blue card status during the application 
     period described in subsection (e)(1)(B), including an alien 
     who files such an application within 30 days of the alien's 
     apprehension, and until a final determination on the 
     application has been made in accordance with this section, 
     the alien--
       (A) may not be removed; and
       (B) shall be granted authorization to engage in employment 
     in the United States and be provided an ``employment 
     authorized'' endorsement or other appropriate work permit for 
     such purpose.
       (i) Administrative and Judicial Review.--
       (1) In general.--There shall be no administrative or 
     judicial review of a determination respecting an application 
     for status under subsection (c) or (e) except in accordance 
     with this subsection.
       (2) Administrative review.--
       (A) Single level of administrative appellate review.--The 
     Secretary shall establish an appellate authority to provide 
     for a single level of administrative appellate review of such 
     a determination.
       (B) Standard for review.--Such administrative appellate 
     review shall be based solely upon the administrative record 
     established at the time of the determination on the 
     application and upon such additional or newly discovered 
     evidence as may not have been available at the time of the 
     determination.
       (3) Judicial review.--
       (A) Limitation to review of removal.--There shall be 
     judicial review of such a determination only in the judicial 
     review of an order of removal under section 242 of the 
     Immigration and Nationality Act (8 U.S.C. 1252).
       (B) Standard for judicial review.--Such judicial review 
     shall be based solely upon the administrative record 
     established at the time of the review by the appellate 
     authority and the findings of fact and determinations 
     contained in such record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record considered as a whole.
       (j) Dissemination of Information on Adjustment Program.--
     Beginning not later than the first day of the application 
     period described in subsection (c)(1)(B), the Secretary, in 
     cooperation with qualified designated entities, shall broadly 
     disseminate information respecting the benefits that aliens 
     may receive under this section and the requirements to be 
     satisfied to obtain such benefits.
       (k) Regulations.--The Secretary shall issue regulations to 
     implement this section not later than the first day of the 
     seventh month that begins after the date of enactment of this 
     Act.
       (l) Effective Date.--This section shall take effect on the 
     date that regulations are issued implementing this section on 
     an interim or other basis.
       (m) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary to carry out this section 
     $40,000,000 for each of fiscal years 2007 through 2010.
       (n) Application of Other Provisions.--Section 613 of this 
     Act is null and void.

     SEC. __. CONFIDENTIALLY OF INFORMATION SUBMITTED FOR EARNED 
                   ADJUSTMENT OF STATUS.

       Notwithstanding section 601(b) of this Act, subsection (e) 
     of section 245B of the Immigration and Nationality Act, as 
     added by such section 601(b), is amended to read as follows:
       ``(e) Confidentiality of Information.--
       ``(1) In general.--Except as provided in paragraph (2) or 
     (3) or as otherwise provided in this section, or pursuant to 
     written waiver of the applicant or order of a court of 
     competent jurisdiction, no Federal agency or bureau, or any 
     officer or employee of such agency or bureau, may--
       ``(A) use the information furnished by the applicant 
     pursuant to an application filed under paragraph (1) or (2) 
     of subsection (a) for any purpose other than to make a 
     determination on the application;
       ``(B) make any publication through which the information 
     furnished by any particular applicant can be identified; or
       ``(C) permit anyone other than the sworn officers and 
     employees of such agency, bureau, or approved entity, as 
     approved by the Secretary of Homeland Security, to examine 
     individual applications that have been filed.
       ``(2) Required disclosures.--The Secretary of Homeland 
     Security and the Secretary of State shall provide the 
     information furnished pursuant to an application filed under 
     paragraph (1) or (2) of subsection (a), and any other 
     information derived from such furnished information, to--
       ``(A) a duly recognized law enforcement entity in 
     connection with a criminal investigation or prosecution or a 
     national security investigation or prosecution, in each 
     instance about an individual suspect or group of suspects, 
     when such information is requested by such entity; or
       ``(B) an official coroner for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       ``(3) Inapplicability after denial.--The limitation under 
     paragraph (1)--
       ``(A) shall apply only until an application filed under 
     paragraph (1) or (2) of subsection (a) is denied and all 
     opportunities for appeal of the denial have been exhausted; 
     and
       ``(B) shall not apply to use of the information furnished 
     pursuant to such application in any removal proceeding or 
     other criminal or civil case or action relating to an alien 
     whose application has been granted that is based upon any 
     violation of law committed or discovered after such grant.
       ``(4) Criminal penalty.--Any person who knowingly uses, 
     publishes, or permits information to be examined in violation 
     of this subsection shall be fined not more than $10,000.''.

     SEC. __. EFFECTIVE DATE FOR NEW NONIMMIGRANT TEMPORARY WORKER 
                   CATEGORIES.

       Notwithstanding subsection (b) of section 402 of this Act, 
     the amendments made by subsection (a) of such section 402 
     shall take effect on the date that is 18 months after the 
     date that a total of not less than $400,000,000 has been 
     appropriated and made available to the Secretary to implement 
     the Electronic Employment Verification System established 
     under 274A(d) of the Immigration and Nationality Act, as 
     amended by section 301(a) of this Act, with respect to 
     aliens, who, on such effective date, are outside of the 
     United States.

     SEC. __. ELIGIBILITY FOR THE EARNED INCOME TAX CREDIT.

       Notwithstanding section 601(b) of this Act, subsection (g) 
     of section 245B of the Immigration and Nationality Act, as 
     added by such section 601(b), is amended to read as follows:
       ``(g) Ineligibility for Public Benefits.--For purposes of 
     section 403 of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613), an 
     alien who is unlawfully present in the United States, or an 
     alien who receives an adjustment of status under subsection 
     (n) of section 245 who was illegally present in the United 
     States prior to January 7 2004, this section, section 245C, 
     or section __(e) of the Comprehensive Immigration Reform Act 
     of 2006, shall not be eligible for the Earned Income Tax 
     Credit. With respect to benefits other than the Earned Income 
     Tax Credit, an alien whose status has been adjusted in 
     accordance with subsection (a) shall not be eligible for any 
     Federal means-tested public benefit unless the alien meets 
     the alien eligibility criteria for such benefit under title 
     IV of the Personal Responsibility and Work Opportunity 
     Reconciliation Act of 1996 (8 U.S.C. 1601 et seq.).''.
                                 ______
                                 
  SA 4181. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of the amendment add the following:
       Notwithstanding any other provisions of this act the 
     language in Title V Sec. 501 under the heading ``(2) Visas 
     for spouses and children'' is null and void and the following 
     shall be applicable in lien thereof.
       ``(2) Visas for spouses and children.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     immigrant visas issued on or after October 1, 2004, to 
     spouses and children of employment-based immigrants shall not 
     be counted against the numerical limitation set forth in 
     paragraph (1).
       ``(B) Numerical limitation.--The total number of visas 
     issued under paragraph (1)(A) and paragraph (2), excluding 
     such visas issued to aliens pursuant to section 245B or 
     section 245C of the Immigration and Nationality Act, may not 
     exceed 650,000 during any fiscal year.
       ``(C) Construction.--Nothing in this paragraph may be 
     construed to modify the requirement set out in 245B(a)(1)(I) 
     or 245C(i)(2)(A) that prohibit an alien from receiving an 
     adjustment of status to that of a legal permanent resident 
     prior to the consideration of all applications filed under 
     section 201, 202, or 203 before the date of enactment of 
     section 245B and 245C.
                                 ______
                                 
  SA 4182. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of the amendment add the following:
       Notwithstanding any other provisions of this act the 
     language in Title V Sec. 501 under the heading ``(2) Visas 
     for spouses and children'' is null and void and the following 
     shall be applicable in lien thereof.
       ``(2) Visas for spouses and children.--
       ``(A) In general.--Except as provided in subparagraph (B), 
     immigrant visas issued on or after October 1, 2004, to 
     spouses and children of employment-based immigrants shall not 
     be counted against the numerical limitation set forth in 
     paragraph (1).
       ``(B) Numerical limitation.--The total number of visas 
     issued under paragraph (1)(A) and paragraph (2), excluding 
     such visas issued to aliens pursuant to section 245B or

[[Page S5026]]

     section 245C of the Immigration and Nationality Act, may not 
     exceed 650,000 during any fiscal year.
       ``(C) Construction.--Nothing in this paragraph may be 
     construed to modify the requirement set out in 245B(a)(1)(I) 
     or 245C(i)(2)(A) that prohibit an alien from receiving an 
     adjustment of status to that of a legal permanent resident 
     prior to the consideration of all applications filed under 
     section 201, 202, or 203 before the date of enactment of 
     section 245B and 245C.

                          ____________________