[Congressional Record Volume 153, Number 85 (Wednesday, May 23, 2007)]
[Senate]
[Pages S6563-S6571]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1166. Mr. GRASSLEY (for himself, Mr. DeMint, and Mrs. Dole) 
submitted an amendment intended to be proposed to amendment SA 1150 
proposed by Mr. Reid (for Mr. Kennedy (for himself and Mr. Specter)) to 
the bill S. 1348, to provide for comprehensive immigration reform and 
for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. ___. JUDICIAL REVIEW OF VISA REVOCATION.

       (a) In General.--Section 221(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1201(i)) is amended by striking 
     ``There shall be no means of judicial review'' and all that 
     follows and inserting the following: ``Notwithstanding any 
     other provision of law, including section 2241 of title 28, 
     United States Code, any other habeas corpus provision, and 
     sections 1361 and 1651 of such title, a revocation under this 
     subsection may not be reviewed by any court, and no court 
     shall have jurisdiction to hear any claim arising from, or 
     any challenge to, such a revocation.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall--
       (1) take effect on the date of the enactment of this Act; 
     and
       (2) apply to all visas issued before, on, or after such 
     date.
                                 ______
                                 
  SA 1167. Ms. CANTWELL (for herself, Mr. Levin, Mrs. Murray, Mr. 
Craig, Mr. Crapo, and Mr. Baucus) submitted an amendment intended to be 
proposed by her to the bill S. 1348, to provide for comprehensive 
immigration reform and for other purposes; which was ordered to lie on 
the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NORTHERN BORDER PROSECUTION REIMBURSEMENT.

       (a) Short Title.--This section may be cited as the 
     ``Northern Border Prosecution Initiative Reimbursement Act''.
       (b) Northern Border Prosecution Initiative.--
       (1) Initiative required.--From amounts made available to 
     carry out this section, the Attorney General, acting through 
     the Director of the Bureau of Justice Assistance of the 
     Office of Justice Programs, shall carry out a program, to be 
     known as the Northern Border Prosecution Initiative, to 
     provide funds to reimburse eligible northern border entities 
     for costs incurred by those entities for handling case 
     dispositions of criminal cases that are federally initiated 
     but federally declined-referred. This program shall be 
     modeled after the Southwestern Border Prosecution Initiative 
     and shall serve as a partner program to that initiative to 
     reimburse local jurisdictions for processing Federal cases.
       (2) Provision and allocation of funds.--Funds provided 
     under the program shall be provided in the form of direct 
     reimbursements and shall be allocated in a manner consistent 
     with the manner under which funds are allocated under the 
     Southwestern Border Prosecution Initiative.
       (3) Use of funds.--Funds provided to an eligible northern 
     border entity may be used by the entity for any lawful 
     purpose, including the following purposes:
       (A) Prosecution and related costs.
       (B) Court costs.
       (C) Costs of courtroom technology.
       (D) Costs of constructing holding spaces.
       (E) Costs of administrative staff.
       (F) Costs of defense counsel for indigent defendants.
       (G) Detention costs, including pre-trial and post-trial 
     detention.
       (4) Definitions.--In this section:
       (A) The term ``eligible northern border entity'' means--
       (i) any of the following States: Alaska, Idaho, Maine, 
     Michigan, Minnesota, Montana, New Hampshire, New York, North 
     Dakota, Ohio, Pennsylvania, Vermont, Washington, and 
     Wisconsin; or
       (ii) any unit of local government within a State referred 
     to in claluse (i).
       (B) The term ``federally initiated'' means, with respect to 
     a criminal case, that the case results from a criminal 
     investigation or an arrest involving Federal law enforcement 
     authorities for a potential violation of Federal criminal 
     law, including investigations resulting from multi-
     jurisdictional task forces.
       (C) The term ``federally declined-referred'' means, with 
     respect to a criminal case, that a decision has been made in 
     that case by a United States Attorney or a Federal law 
     enforcement agency during a Federal investigation to no 
     longer pursue Federal criminal charges against a defendant 
     and to refer the investigation to a State or local 
     jurisdiction for possible prosecution. The term includes a 
     decision made on an individualized case-by-case basis as well 
     as a decision made pursuant to a general policy or practice 
     or pursuant to prosecutorial discretion.
       (D) The term ``case disposition'', for purposes of the 
     Northern Border Prosecution Initiative, refers to the time 
     between a suspect's arrest and the resolution of the criminal 
     charges through a county or State judicial or prosecutorial 
     process. Disposition does not include incarceration time for 
     sentenced offenders, or time spent by prosecutors on judicial 
     appeals.
       (c) Authorization of Appropriations.--There is authorized 
     to be appropriated to carry out this section $28,000,000 for 
     fiscal year 2008 and such sums as may be necessary for each 
     succeeding fiscal year.
                                 ______
                                 
  SA 1168. Mrs. HUTCHISON (for herself, Mr. Bingaman, Mr. Domenici, Mr. 
McCain, Mr. Kyl, Mrs. Feinstein, and Mr. Cornyn) submitted an amendment 
intended to be proposed to amendment SA 1150 proposed by Mr. Reid (for 
Mr. Kennedy (for himself and Mr. Specter)) to the bill S. 1348, to 
provide for comprehensive immigration reform and for other purposes; as 
follows:

       On page 6, line 11, strike the second period and insert the 
     following: ``;
       (C) in paragraph (2), as redesignated--
       (i) in the header, by striking ``Security features'' and 
     inserting ``Additional fencing along southwest border''; and
       (ii) by striking subparagraphs (A) through (C) and 
     inserting the following:
       ``(A) Reinforced fencing.--In carrying out subsection (a), 
     the Secretary of Homeland Security shall construct reinforced 
     fencing along not less than 700 miles of the southwest border 
     where fencing would be most practical and effective and 
     provide for the installation of additional physical barriers, 
     roads, lighting, cameras, and sensors to gain operational 
     control of the southwest border.
       ``(B) Priority areas.--In carrying out this section, the 
     Secretary of Homeland Security shall--
       ``(i) identify the 370 miles along the southwest border 
     where fencing would be most practical and effective in 
     deterring smugglers and aliens attempting to gain illegal 
     entry into the United States; and
       ``(ii) not later than December 31, 2008, complete 
     construction of reinforced fencing along the 370 miles 
     identified under clause (i).
       ``(C) Consultation.--
       ``(i) In general.--In carrying out this section, the 
     Secretary of Homeland Security shall consult with the 
     Secretary of Interior, the Secretary of Agriculture, States, 
     local governments, Indian tribes, and property owners in the 
     United States to minimize the impact on the environment, 
     culture, commerce, and quality of life for the communities 
     and residents located near the sites at which such fencing is 
     to be constructed.
       ``(ii) Savings provision.--Nothing in this subparagraph may 
     be construed to--

       ``(I) create any right of action for a State, local 
     government, or other person or entity affected by this 
     subsection; or
       ``(II) affect the eminent domain laws of the United States 
     or of any State.

       ``(D) Limitation on requirements.--Notwithstanding 
     subparagraph (A), nothing in this paragraph shall require the 
     Secretary of Homeland Security to install fencing, physical 
     barriers, roads, lighting, cameras, and sensors in a 
     particular location along an international border of the 
     United States, if the Secretary determines that the use or 
     placement of such resources is not the most appropriate means 
     to achieve and maintain operational control over the 
     international border at such location.''; and
       (D) in paragraph (5), as redesignated, by striking ``to 
     carry out this subsection not to exceed $12,000,000'' and 
     inserting ``such sums as may be necessary to carry out this 
     subsection''.
                                 ______
                                 
  SA 1169. Mr. BINGAMAN (for himself, Mrs. Feinstein, Mr. Obama, Mr. 
Dodd, and Mr. Durbin) proposed an

[[Page S6564]]

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

       Strike subparagraph (B) of the quoted matter under section 
     409(1)(B) and insert the following:
       ``(B) under section 101(a)(15)(Y)(i), may not exceed 
     200,000 for each fiscal year; or
       In paragraph (2) of the quoted matter under section 409(2), 
     strike ``, (B)(ii),''.
                                 ______
                                 
  SA 1170. Mr. McConnell (for himself and Mr. Bond) submitted an 
amendment intended to be proposed by him to the bill S. 1348, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. IDENTIFICATION REQUIREMENT.

       (a) New Requirement for Individuals Voting in Person.--
       (1) In general.--Title III of the Help America Vote Act of 
     2002 (42 U.S.C. 15481 et seq.) is amended 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 a current valid photo identification issued by a 
     governmental entity before voting.
       ``(b) Effective Date.--Each State shall be required to 
     comply with the requirements of subsection (a) on and after 
     January 1, 2008.''.
       (2) Conforming amendments.--
       (A) Section 401 of the Help America Vote Act of 2002 (42 
     U.S.C. 15511) is amended by striking ``and 303'' and 
     inserting ``303, and 304''.
       (B) The table of contents of the Help America Vote Act of 
     2002 is amended by redesignating the items relating to 
     sections 304 and 305 as relating to items 305 and 306, 
     respectively, and by inserting after the item relating to 
     section 303 the following new item:

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

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

                     ``PART 7--PHOTO IDENTIFICATION

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

       ``(a) In General.--In addition to any other payments made 
     under this subtitle, the Commission shall make payments to 
     States to promote the issuance to registered voters of free 
     photo identifications for purposes of meeting the 
     identification requirements 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.
       ``(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.''.
       (2) Conforming amendment.--The table of contents of the 
     Help America Vote Act of 2002 is amended by inserting after 
     the item relating to section 296 the following:

                     ``PART 7--Photo Identification

``Sec. 297. Payments for free photo identification.
``Sec. 298. Authorization of appropriations.''.
                                 ______
                                 
  SA 1171. Mrs. HUTCHISON submitted an amendment intended to be 
proposed by her to the bill S. 1348, to provide for comprehensive 
immigration reform and for other purposes; which was ordered to lie on 
the table; as follows:

       On page 1, line 26, insert ``of which not less than 17,500 
     shall be trained and deployed to protect the borders of the 
     United States'' after ``agents''.
                                 ______
                                 
  SA 1172. Mr. GREGG (for himself, Mr. DeMint, Mr. Cornyn, and Mrs. 
Dole) submitted an amendment intended to be proposed to amendment SA 
1150 proposed by Mr. Reid (for Mr. Kennedy (for himself and Mr. 
Specter)) to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; as follows:

       Strike section 1 and insert the following:

     SECTION 1. EFFECTIVE DATE TRIGGERS.

       (a) In General.--With the exception of the probationary 
     benefits conferred by section 601(h) of this Act, the 
     provisions of subtitle C of title IV, and the admission of 
     aliens under section 101(a)(15)(H)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)), as amended by 
     title IV, the programs established by title IV, and the 
     programs established by title VI that grant legal status to 
     any individual or that adjust the current status of any 
     individual who is unlawfully present in the United States to 
     that of an alien lawfully admitted for permanent residence, 
     shall become effective on the date that the Secretary submits 
     a written certification to the President and the Congress, 
     based on analysis by and in consultation with the Comptroller 
     General, that each of the following border security and other 
     measures are established, funded, and operational:
       (1) Operational control of the international border with 
     mexico.--The Secretary of Homeland Security has established 
     and demonstrated operational control of 100 percent of the 
     international land border between the United States and 
     Mexico, including the ability to monitor such border through 
     available methods and technology.
       (2) Staff enhancements for border patrol.--The United 
     States Customs and Border Protection Border Patrol has hired, 
     trained, and reporting for duty 20,000 full-time agents as of 
     the date of the certification under this subsection.
       (3) Strong border barriers.--There has been--
       (A) installed along the international land border between 
     the United States and Mexico as of the date of the 
     certification under this subsection, at least--
       (i) 300 miles of vehicle barriers;
       (ii) 370 miles of fencing; and
       (iii) 105 ground-based radar and camera towers; and
       (B) deployed for use along the along the international land 
     border between the United States and Mexico, as of the date 
     of the certification under this subsection, 4 unmanned aerial 
     vehicles, and the supporting systems for such vehicles.
       (4) Catch and return.--The Secretary of Homeland Security 
     is detaining all removable aliens apprehended crossing the 
     international land border between the United States and 
     Mexico in violation of Federal or State law, except as 
     specifically mandated by Federal or State law or humanitarian 
     circumstances, and United States Immigration and Customs 
     Enforcement has the resources to maintain this practice, 
     including the resources necessary to detain up to 31,500 
     aliens per day on an annual basis.
       (5) Workplace enforcement tools.--In compliance with the 
     requirements of title III of this Act, the Secretary of 
     Homeland Security has established, and is using, secure and 
     effective identification tools to prevent unauthorized 
     workers from obtaining employment in the United States. Such 
     identification tools shall include establishing--
       (A) strict standards for identification documents that are 
     required to be presented by the alien to an employer in the 
     hiring process, including the use of secure documentation 
     that--
       (i) contains--

       (I) a photograph of the alien; and
       (II) biometric data identifying the alien; or

       (ii) complies with the requirements for such documentation 
     under the REAL ID Act (Public Law 109-13; 119 Stat. 231); and
       (B) an electronic employment eligibility verification 
     system that is capable of querying Federal and State 
     databases in order to restrict fraud, identity theft, and use 
     of false social security numbers in the hiring of aliens by 
     an employer by electronically providing a digitized version 
     of the photograph on the alien's original Federal or State 
     issued document or documents for verification of that alien's 
     identity and work eligibility.
       (6) Processing applications of aliens.--The Secretary of 
     Homeland Security has received, and is processing and 
     adjudicating in a timely manner, applications for Z 
     nonimmigrant status under title VI of this Act, including 
     conducting all necessary background and security checks 
     required under that title.
       (b) Sense of Congress.--It is the sense of Congress that 
     the border security and other measures described in 
     subsection (a) shall be completed as soon as practicable, 
     subject to the necessary appropriations.
       (c) Presidential Progress Report.--
       (1) In general.--Not later than 90 days after the date of 
     enactment of this Act, and every 90 days thereafter until the 
     requirements under subsection (a) are met, the

[[Page S6565]]

     President shall submit a report to Congress detailing the 
     progress made in funding, meeting, or otherwise satisfying 
     each of the requirements described under paragraphs (1) 
     through (6) of subsection (a), including detailing any 
     contractual agreements reached to carry out such measures.
       (2) Progress not sufficient.--If the President determines 
     that sufficient progress is not being made, the President 
     shall include in the report required under paragraph (1) 
     specific funding recommendations, authorization needed, or 
     other actions that are or should be undertaken by the 
     Secretary of Homeland Security.
       (d) GAO Report.--Not later than 30 days after the 
     certification is submitted under subsection (a), the 
     Comptroller General shall submit a report to Congress on the 
     accuracy of such certification.
                                 ______
                                 
  SA 1173. Mr. GRAHAM (for himself, Mr. Chambliss, Mr. Isakson, Mr. 
McCain, Mr. Martinez, Mr. Kyl, and Mr. McConnell) submitted an 
amendment intended to be proposed to amendment SA 1150 proposed by Mr. 
Reid (for Mr. Kennedy (for himself and Mr. Specter)) to the bill S. 
1348, to provide for comprehensive immigration reform and for other 
purposes; as follows:

       Strike subsections (a) through (c) of section 276 of the 
     Immigration and Nationality Act, as amended by section 207 of 
     this Act, and insert the following:
       ``(a) Reentry After Removal.--Any alien who has been denied 
     admission, excluded, deported, or removed, or who has 
     departed the United States while an order of exclusion, 
     deportation, or removal is outstanding, and subsequently 
     enters, attempts to enter, crosses the border to, attempts to 
     cross the border to, or is at any time found in the United 
     States, shall be fined under title 18, United States Code, 
     and imprisoned not less than 60 days and not more than 2 
     years.
       ``(b) Reentry of Criminal Offenders.--Notwithstanding the 
     penalty provided in subsection (a), if an alien described in 
     that subsection--
       ``(1) was convicted for 3 or more misdemeanors or a felony 
     before such removal or departure, the alien shall be fined 
     under title 18, United States Code, and imprisoned not less 
     than 1 year and not more than 10 years;
       ``(2) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 30 months, the alien shall be 
     fined under such title, and imprisoned not less than 2 years 
     and not more than 15 years;
       ``(3) was convicted for a felony before such removal or 
     departure for which the alien was sentenced to a term of 
     imprisonment of not less than 60 months, the alien shall be 
     fined under such title, and imprisoned not less than 4 years 
     and not more than 20 years;
       ``(4) was convicted for 3 felonies before such removal or 
     departure, the alien shall be fined under such title, and 
     imprisoned not less than 4 years and not more than 20 years; 
     or
       ``(5) was convicted, before such removal or departure, for 
     murder, rape, kidnaping, or a felony offense described in 
     chapter 77 (relating to peonage and slavery) or 113B 
     (relating to terrorism) of such title, the alien shall be 
     fined under such title, and imprisoned not less than 5 years 
     and not more than 20 years.
       ``(c) Reentry After Repeated Removal.--Any alien who has 
     been denied admission, excluded, deported, or removed 3 or 
     more times and thereafter enters, attempts to enter, crosses 
     the border to, attempts to cross the border to, or is at any 
     time found in the United States, shall be fined under title 
     18, United States Code, and imprisoned not less than 2 years 
     and not more than 10 years.''.
                                 ______
                                 
  SA 1174. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 1(a), strike ``the probationary benefits 
     conferred by Section 601(h), the provisions of Subtitle C of 
     title IV,'' and insert ``the provisions of subtitle C of 
     title IV''.
       At the end of section 1, add the following:
       (d) No probationary benefit established under title VI 
     shall be issued to an alien until this section is 
     implemented.
                                 ______
                                 
  SA 1175. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 2, lines 6 and 7, strike ``the probationary 
     benefits conferred by Section 601(h),''
                                 ______
                                 
  SA 1176. Mr. FEINGOLD (for himself, Mr. Lieberman, and Mr. Inouye) 
submitted an amendment intended to be proposed by him to the bill S. 
1348, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

         TITLE __--STUDY OF WARTIME TREATMENT OF CERTAIN PEOPLE

     SEC. __01. SHORT TITLE.

       This title may be cited as the ``Wartime Treatment Study 
     Act''.

     SEC. __02. FINDINGS.

       Congress makes the following findings:
       (1) During World War II, the United States Government 
     deemed as ``enemy aliens'' more than 600,000 Italian-born and 
     300,000 German-born United States resident aliens and their 
     families and required them to carry Certificates of 
     Identification and limited their travel and personal property 
     rights. At that time, these groups were the 2 largest 
     foreign-born groups in the United States.
       (2) During World War II, the United States Government 
     arrested, interned, or otherwise detained thousands of 
     European Americans, some remaining in custody for years after 
     cessation of World War II hostilities, and repatriated, 
     exchanged, or deported European Americans, including 
     American-born children, to European Axis nations, many to be 
     exchanged for Americans held in those nations.
       (3) Pursuant to a policy coordinated by the United States 
     with Latin American nations, many European Latin Americans, 
     including German and Austrian Jews, were arrested, brought to 
     the United States, and interned. Many were later expatriated, 
     repatriated, or deported to European Axis nations during 
     World War II, many to be exchanged for Americans and Latin 
     Americans held in those nations.
       (4) Millions of European Americans served in the armed 
     forces and thousands sacrificed their lives in defense of the 
     United States.
       (5) The wartime policies of the United States Government 
     were devastating to the Italian American and German American 
     communities, individuals, and their families. The detrimental 
     effects are still being experienced.
       (6) Prior to and during World War II, the United States 
     restricted the entry of Jewish refugees who were fleeing 
     persecution or genocide and sought safety in the United 
     States. During the 1930's and 1940's, the quota system, 
     immigration regulations, visa requirements, and the time 
     required to process visa applications affected the number of 
     Jewish refugees, particularly those from Germany and Austria, 
     who could gain admittance to the United States.
       (7) The United States Government should conduct an 
     independent review to fully assess and acknowledge these 
     actions. Congress has previously reviewed the United States 
     Government's wartime treatment of Japanese Americans through 
     the Commission on Wartime Relocation and Internment of 
     Civilians. An independent review of the treatment of German 
     Americans and Italian Americans and of Jewish refugees 
     fleeing persecution and genocide has not yet been undertaken.
       (8) Time is of the essence for the establishment of 
     commissions, because of the increasing danger of destruction 
     and loss of relevant documents, the advanced age of potential 
     witnesses and, most importantly, the advanced age of those 
     affected by the United States Government's policies. Many who 
     suffered have already passed away and will never know of this 
     effort.

     SEC. __03. DEFINITIONS.

       In this title:
       (1) During world war ii.--The term ``during World War II'' 
     refers to the period between September 1, 1939, through 
     December 31, 1948.
       (2) European americans.--
       (A) In general.--The term ``European Americans'' refers to 
     United States citizens and resident aliens of European 
     ancestry, including Italian Americans, German Americans, 
     Hungarian Americans, Romanian Americans, and Bulgarian 
     Americans.
       (B) Italian americans.--The term ``Italian Americans'' 
     refers to United States citizens and resident aliens of 
     Italian ancestry.
       (C) German americans.--The term ``German Americans'' refers 
     to United States citizens and resident aliens of German 
     ancestry.
       (3) European latin americans.--The term ``European Latin 
     Americans'' refers to persons of European ancestry, including 
     Italian or German ancestry, residing in a Latin American 
     nation during World War II.
       (4) Latin american nation.--The term ``Latin American 
     nation'' refers to any nation in Central America, South 
     America, or the Carribean.

   Subtitle A--Commission on Wartime Treatment of European Americans

     SEC. __011. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT 
                   OF EUROPEAN AMERICANS.

       (a) In General.--There is established the Commission on 
     Wartime Treatment of European Americans (referred to in this 
     subtitle as the ``European American Commission'').
       (b) Membership.--The European American Commission shall be 
     composed of 7 members, who shall be appointed not later than 
     90 days after the date of enactment of this Act as follows:
       (1) Three members shall be appointed by the President.
       (2) Two members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the minority 
     leader.
       (3) Two members shall be appointed by the majority leader 
     of the Senate, in consultation with the minority leader.
       (c) Terms.--The term of office for members shall be for the 
     life of the European American Commission. A vacancy in the 
     European

[[Page S6566]]

     American Commission shall not affect its powers, and shall be 
     filled in the same manner in which the original appointment 
     was made.
       (d) Representation.--The European American Commission shall 
     include 2 members representing the interests of Italian 
     Americans and 2 members representing the interests of German 
     Americans.
       (e) Meetings.--The President shall call the first meeting 
     of the European American Commission not later than 120 days 
     after the date of enactment of this Act.
       (f) Quorum.--Four members of the European American 
     Commission shall constitute a quorum, but a lesser number may 
     hold hearings.
       (g) Chairman.--The European American Commission shall elect 
     a Chairman and Vice Chairman from among its members. The term 
     of office of each shall be for the life of the European 
     American Commission.
       (h) Compensation.--
       (1) In general.--Members of the European American 
     Commission shall serve without pay.
       (2) Reimbursement of expenses.--All members of the European 
     American Commission shall be reimbursed for reasonable travel 
     and subsistence, and other reasonable and necessary expenses 
     incurred by them in the performance of their duties.

     SEC. __012. DUTIES OF THE EUROPEAN AMERICAN COMMISSION.

       (a) In General.--It shall be the duty of the European 
     American Commission to review the United States Government's 
     wartime treatment of European Americans and European Latin 
     Americans as provided in subsection (b).
       (b) Scope of Review.--The European American Commission's 
     review shall include the following:
       (1) A comprehensive review of the facts and circumstances 
     surrounding United States Government actions during World War 
     II with respect to European Americans and European Latin 
     Americans pursuant to the Alien Enemies Acts (50 U.S.C. 21 et 
     seq.), Presidential Proclamations 2526, 2527, 2655, 2662, and 
     2685, Executive Orders 9066 and 9095, and any directive of 
     the United States Government pursuant to such law, 
     proclamations, or executive orders respecting the 
     registration, arrest, exclusion, internment, exchange, or 
     deportation of European Americans and European Latin 
     Americans. This review shall include an assessment of the 
     underlying rationale of the United States Government's 
     decision to develop related programs and policies, the 
     information the United States Government received or acquired 
     suggesting the related programs and policies were necessary, 
     the perceived benefit of enacting such programs and policies, 
     and the immediate and long-term impact of such programs and 
     policies on European Americans and European Latin Americans 
     and their communities.
       (2) A comprehensive review of United States Government 
     action during World War II with respect to European Americans 
     and European Latin Americans pursuant to the Alien Enemies 
     Acts (50 U.S.C. 21 et seq.), Presidential Proclamations 2526, 
     2527, 2655, 2662, and 2685, Executive Orders 9066 and 9095, 
     and any directive of the United States Government pursuant to 
     such law, proclamations, or executive orders, including 
     registration requirements, travel and property restrictions, 
     establishment of restricted areas, raids, arrests, 
     internment, exclusion, policies relating to the families and 
     property that excludees and internees were forced to abandon, 
     internee employment by American companies (including a list 
     of such companies and the terms and type of employment), 
     exchange, repatriation, and deportation, and the immediate 
     and long-term effect of such actions, particularly 
     internment, on the lives of those affected. This review shall 
     include a list of--
       (A) all temporary detention and long-term internment 
     facilities in the United States and Latin American nations 
     that were used to detain or intern European Americans and 
     European Latin Americans during World War II (in this 
     paragraph referred to as ``World War II detention 
     facilities'');
       (B) the names of European Americans and European Latin 
     Americans who died while in World War II detention facilities 
     and where they were buried;
       (C) the names of children of European Americans and 
     European Latin Americans who were born in World War II 
     detention facilities and where they were born; and
       (D) the nations from which European Latin Americans were 
     brought to the United States, the ships that transported them 
     to the United States and their departure and disembarkation 
     ports, the locations where European Americans and European 
     Latin Americans were exchanged for persons held in European 
     Axis nations, and the ships that transported them to Europe 
     and their departure and disembarkation ports.
       (3) A brief review of the participation by European 
     Americans in the United States Armed Forces including the 
     participation of European Americans whose families were 
     excluded, interned, repatriated, or exchanged.
       (4) A recommendation of appropriate remedies, including how 
     civil liberties can be protected during war, or an actual, 
     attempted, or threatened invasion or incursion, an assessment 
     of the continued viability of the Alien Enemies Acts (50 
     U.S.C. 21 et seq.), and public education programs related to 
     the United States Government's wartime treatment of European 
     Americans and European Latin Americans during World War II.
       (c) Field Hearings.--The European American Commission shall 
     hold public hearings in such cities of the United States as 
     it deems appropriate.
       (d) Report.--The European American Commission shall submit 
     a written report of its findings and recommendations to 
     Congress not later than 18 months after the date of the first 
     meeting called pursuant to section __011(e).

     SEC. __013. POWERS OF THE EUROPEAN AMERICAN COMMISSION.

       (a) In General.--The European American Commission or, on 
     the authorization of the Commission, any subcommittee or 
     member thereof, may, for the purpose of carrying out the 
     provisions of this subtitle, hold such hearings and sit and 
     act at such times and places, and request the attendance and 
     testimony of such witnesses and the production of such books, 
     records, correspondence, memorandum, papers, and documents as 
     the Commission or such subcommittee or member may deem 
     advisable. The European American Commission may request the 
     Attorney General to invoke the aid of an appropriate United 
     States district court to require, by subpoena or otherwise, 
     such attendance, testimony, or production.
       (b) Government Information and Cooperation.--The European 
     American Commission may acquire directly from the head of any 
     department, agency, independent instrumentality, or other 
     authority of the executive branch of the Government, 
     available information that the European American Commission 
     considers useful in the discharge of its duties. All 
     departments, agencies, and independent instrumentalities, or 
     other authorities of the executive branch of the Government 
     shall cooperate with the European American Commission and 
     furnish all information requested by the European American 
     Commission to the extent permitted by law, including 
     information collected under the Commission on Wartime and 
     Internment of Civilians Act (Public Law 96-317; 50 U.S.C. 
     App. 1981 note) and the Wartime Violation of Italian 
     Americans Civil Liberties Act (Public Law 106-451; 50 U.S.C. 
     App. 1981 note). For purposes of section 552a(b)(9) of title 
     5, United States Code (commonly known as the ``Privacy Act of 
     1974''), the European American Commission shall be deemed to 
     be a committee of jurisdiction.

     SEC. __014. ADMINISTRATIVE PROVISIONS.

       The European American Commission is authorized to--
       (1) appoint and fix the compensation of such personnel as 
     may be necessary, without regard to the provisions of title 
     5, United States Code, governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     except that the compensation of any employee of the 
     Commission may not exceed a rate equivalent to the rate 
     payable under GS-15 of the General Schedule under section 
     5332 of such title;
       (2) obtain the services of experts and consultants in 
     accordance with the provisions of section 3109 of such title;
       (3) obtain the detail of any Federal Government employee, 
     and such detail shall be without reimbursement or 
     interruption or loss of civil service status or privilege;
       (4) enter into agreements with the Administrator of General 
     Services for procurement of necessary financial and 
     administrative services, for which payment shall be made by 
     reimbursement from funds of the Commission in such amounts as 
     may be agreed upon by the Chairman of the Commission and the 
     Administrator;
       (5) procure supplies, services, and property by contract in 
     accordance with applicable laws and regulations and to the 
     extent or in such amounts as are provided in appropriation 
     Acts; and
       (6) enter into contracts with Federal or State agencies, 
     private firms, institutions, and agencies for the conduct of 
     research or surveys, the preparation of reports, and other 
     activities necessary to the discharge of the duties of the 
     Commission, to the extent or in such amounts as are provided 
     in appropriation Acts.

     SEC. __015. FUNDING.

       Of the amounts authorized to be appropriated to the 
     Department of Justice, $600,000 shall be available to carry 
     out this subtitle.

     SEC. __016. SUNSET.

       The European American Commission shall terminate 60 days 
     after it submits its report to Congress.

     Subtitle B--Commission on Wartime Treatment of Jewish Refugees

     SEC. __021. ESTABLISHMENT OF COMMISSION ON WARTIME TREATMENT 
                   OF JEWISH REFUGEES.

       (a) In General.--There is established the Commission on 
     Wartime Treatment of Jewish Refugees (referred to in this 
     subtitle as the ``Jewish Refugee Commission'').
       (b) Membership.--The Jewish Refugee Commission shall be 
     composed of 7 members, who shall be appointed not later than 
     90 days after the date of enactment of this Act as follows:
       (1) Three members shall be appointed by the President.
       (2) Two members shall be appointed by the Speaker of the 
     House of Representatives, in consultation with the minority 
     leader.
       (3) Two members shall be appointed by the majority leader 
     of the Senate, in consultation with the minority leader.
       (c) Terms.--The term of office for members shall be for the 
     life of the Jewish Refugee

[[Page S6567]]

     Commission. A vacancy in the Jewish Refugee Commission shall 
     not affect its powers, and shall be filled in the same manner 
     in which the original appointment was made.
       (d) Representation.--The Jewish Refugee Commission shall 
     include 2 members representing the interests of Jewish 
     refugees.
       (e) Meetings.--The President shall call the first meeting 
     of the Jewish Refugee Commission not later than 120 days 
     after the date of enactment of this Act.
       (f) Quorum.--Four members of the Jewish Refugee Commission 
     shall constitute a quorum, but a lesser number may hold 
     hearings.
       (g) Chairman.--The Jewish Refugee Commission shall elect a 
     Chairman and Vice Chairman from among its members. The term 
     of office of each shall be for the life of the Jewish Refugee 
     Commission.
       (h) Compensation.--
       (1) In general.--Members of the Jewish Refugee Commission 
     shall serve without pay.
       (2) Reimbursement of expenses.--All members of the Jewish 
     Refugee Commission shall be reimbursed for reasonable travel 
     and subsistence, and other reasonable and necessary expenses 
     incurred by them in the performance of their duties.

     SEC. __022. DUTIES OF THE JEWISH REFUGEE COMMISSION.

       (a) In General.--It shall be the duty of the Jewish Refugee 
     Commission to review the United States Government's refusal 
     to allow Jewish and other refugees fleeing persecution or 
     genocide in Europe entry to the United States as provided in 
     subsection (b).
       (b) Scope of Review.--The Jewish Refugee Commission's 
     review shall cover the period between January 1, 1933, 
     through December 31, 1945, and shall include, to the greatest 
     extent practicable, the following:
       (1) A review of the United States Government's decision to 
     deny Jewish and other refugees fleeing persecution or 
     genocide entry to the United States, including a review of 
     the underlying rationale of the United States Government's 
     decision to refuse the Jewish and other refugees entry, the 
     information the United States Government received or acquired 
     suggesting such refusal was necessary, the perceived benefit 
     of such refusal, and the impact of such refusal on the 
     refugees.
       (2) A review of Federal refugee law and policy relating to 
     those fleeing persecution or genocide, including 
     recommendations for making it easier in the future for 
     victims of persecution or genocide to obtain refuge in the 
     United States.
       (c) Field Hearings.--The Jewish Refugee Commission shall 
     hold public hearings in such cities of the United States as 
     it deems appropriate.
       (d) Report.--The Jewish Refugee Commission shall submit a 
     written report of its findings and recommendations to 
     Congress not later than 18 months after the date of the first 
     meeting called pursuant to section __ 021(e).

     SEC. __023. POWERS OF THE JEWISH REFUGEE COMMISSION.

       (a) In General.--The Jewish Refugee Commission or, on the 
     authorization of the Commission, any subcommittee or member 
     thereof, may, for the purpose of carrying out the provisions 
     of this subtitle, hold such hearings and sit and act at such 
     times and places, and request the attendance and testimony of 
     such witnesses and the production of such books, records, 
     correspondence, memorandum, papers, and documents as the 
     Commission or such subcommittee or member may deem advisable. 
     The Jewish Refugee Commission may request the Attorney 
     General to invoke the aid of an appropriate United States 
     district court to require, by subpoena or otherwise, such 
     attendance, testimony, or production.
       (b) Government Information and Cooperation.--The Jewish 
     Refugee Commission may acquire directly from the head of any 
     department, agency, independent instrumentality, or other 
     authority of the executive branch of the Government, 
     available information that the Jewish Refugee Commission 
     considers useful in the discharge of its duties. All 
     departments, agencies, and independent instrumentalities, or 
     other authorities of the executive branch of the Government 
     shall cooperate with the Jewish Refugee Commission and 
     furnish all information requested by the Jewish Refugee 
     Commission to the extent permitted by law, including 
     information collected as a result of the Commission on 
     Wartime and Internment of Civilians Act (Public Law 96-317; 
     50 U.S.C. App. 1981 note) and the Wartime Violation of 
     Italian Americans Civil Liberties Act (Public Law 106-451; 50 
     U.S.C. App. 1981 note). For purposes of section 552a(b)(9) of 
     title 5, United States Code (commonly known as the ``Privacy 
     Act of 1974''), the Jewish Refugee Commission shall be deemed 
     to be a committee of jurisdiction.

     SEC. __024. ADMINISTRATIVE PROVISIONS.

       The Jewish Refugee Commission is authorized to--
       (1) appoint and fix the compensation of such personnel as 
     may be necessary, without regard to the provisions of title 
     5, United States Code, governing appointments in the 
     competitive service, and without regard to the provisions of 
     chapter 51 and subchapter III of chapter 53 of such title 
     relating to classification and General Schedule pay rates, 
     except that the compensation of any employee of the 
     Commission may not exceed a rate equivalent to the rate 
     payable under GS-15 of the General Schedule under section 
     5332 of such title;
       (2) obtain the services of experts and consultants in 
     accordance with the provisions of section 3109 of such title;
       (3) obtain the detail of any Federal Government employee, 
     and such detail shall be without reimbursement or 
     interruption or loss of civil service status or privilege;
       (4) enter into agreements with the Administrator of General 
     Services for procurement of necessary financial and 
     administrative services, for which payment shall be made by 
     reimbursement from funds of the Commission in such amounts as 
     may be agreed upon by the Chairman of the Commission and the 
     Administrator;
       (5) procure supplies, services, and property by contract in 
     accordance with applicable laws and regulations and to the 
     extent or in such amounts as are provided in appropriation 
     Acts; and
       (6) enter into contracts with Federal or State agencies, 
     private firms, institutions, and agencies for the conduct of 
     research or surveys, the preparation of reports, and other 
     activities necessary to the discharge of the duties of the 
     Commission, to the extent or in such amounts as are provided 
     in appropriation Acts.

     SEC. __025. FUNDING.

       Of the amounts authorized to be appropriated to the 
     Department of Justice, $600,000 shall be available to carry 
     out this subtitle.

     SEC. __026. SUNSET.

       The Jewish Refugee Commission shall terminate 60 days after 
     it submits its report to Congress.
                                 ______
                                 
  SA 1177. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. ELIGIBILITY OF AGRICULTURAL AND FORESTRY WORKERS 
                   FOR CERTAIN LEGAL ASSISTANCE.

       Section 305 of the Immigration Reform and Control Act of 
     1986 (8 U.S.C. 1101 note; Public Law 99-603) is amended--
       (1) by striking ``section 101(a)(15)(H)(ii)(a) of the 
     Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a))'' and inserting ``subparagraph 
     (H)(ii)(a) or subparagraph (Y) of section 101(a)(15) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(15))''; and
       (2) by inserting ``or forestry'' after ``agricultural''.
                                 ______
                                 
  SA 1178. Mr. KERRY submitted an amendment intended to be proposed by 
him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place in title II, insert the following:

     SEC. 2__. ARREST AND DETENTION OF ALIENS UNLAWFULLY PRESENT.

       (a) Arrest Procedures.--Any immigration enforcement 
     operation by the Department for alleged violations under the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.), 
     which is reasonably calculated to apprehend, or results in 
     the apprehension of, at least 50 aliens, shall be carried out 
     according to the following procedures:
       (1) State notification.--The Department shall provide State 
     officials with sufficient advance notice of the enforcement 
     operation to allow State law enforcement officials to notify 
     the appropriate State social service agencies (referred to in 
     this section as ``SSA'') of--
       (A) the specific area of the State that will be affected;
       (B) the languages spoken by employees at the target 
     worksite; and
       (C) any special needs of the employees.
       (2) NGO notification.--The Department and the applicable 
     SSA shall determine how appropriate nongovernmental 
     organizations will be notified on the day of the enforcement 
     action. At the discretion of the SSA, representatives of the 
     nongovernmental organization who speak the native language of 
     the aliens detained in the enforcement action may be 
     permitted to participate with SSA officials in interviewing 
     such aliens.
       (3) Determination of risk to relatives.--The Department 
     shall provide the applicable SSA with unfettered and 
     confidential access to aliens detained in the enforcement 
     action to assist in the screening and interviews of aliens to 
     determine whether the detainee, the detainee's children, or 
     other vulnerable people, including elderly and disabled 
     individuals, have been placed at risk as a result of the 
     detainee's arrest.
       (4) Medical screening.--After SSA officials have met with 
     the alien detainees, qualified medical personnel from the 
     Division of Immigration Health Services of the Department of 
     Health and Human Services shall--
       (A) conduct medical screenings of the alien detainees; and
       (B) identify and report any medical issues that might 
     necessitate humanitarian release or additional care.
       (5) Consideration of recommendations.--The Department shall 
     immediately consider recommendations made by the applicable 
     SSA and the Division of Immigration Health Services about 
     alien detainees who should be released on humanitarian 
     grounds, including alien detainees who--
       (A) have a medical condition that requires special 
     attention;

[[Page S6568]]

       (B) are pregnant women;
       (C) are nursing mothers;
       (D) are the sole caretakers of their minor children or 
     elderly relatives;
       (E) function as the primary contact between the family and 
     those outside the home due to language barriers;
       (F) are needed to support their spouses in caring for sick 
     or special needs children;
       (G) have spouses who are ill or otherwise unable to be sole 
     caretaker; or
       (H) are younger than 18 years of age.
       (6) Publicity.--The Department shall provide, and advertise 
     in the mainstream and foreign language media, a toll-free 
     number through which family members of alien detainees may 
     report such relationships to operators who speak English and 
     the majority language of the target population of the 
     enforcement operation and will convey such information to the 
     Department and the applicable SSA.
       (b) Detention Procedures.--
       (1) In general.--In order to maximize full and fair 
     visitation by children, immediate family members, and 
     counsel, an alien should be detained, to the extent space is 
     available, in facilities within the physical jurisdiction or 
     catchment area of the local field office of United States 
     Immigration and Customs Enforcement.
       (2) Release.--
       (A) In general.--Not later than 72 hours of an alien's 
     apprehension, the alien shall be released from Department 
     custody, in accordance with subparagraph (B), if the alien--
       (i) is not subject to mandatory detention under section 
     235(1)(B)(iii)(IV), 236(c), or 236A of the Immigration and 
     Nationality Act (8 U.S.C. 1225(1)(B)(iii)(IV), 1226(c), and 
     1226a);
       (ii) does not pose an immediate flight risk; and
       (iii) meets any of the criteria set forth in subsection 
     (a)(5).
       (B) Type of release.--An alien shall be released under this 
     paragraph--
       (i) on the alien's own recognizance;
       (ii) by posting a minimum bond under section 236(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1226(a));
       (iii) on parole in accordance with section 212(d)(5)(A) of 
     such Act (8 U.S.C. 1182(d)(5)(A)); or
       (iv) through the Intensive Supervision Appearance Program 
     or another comparable alternative to detention program.
       (c) Legal Orientation Presentations.--Any alien arrested in 
     an immigration enforcement operation that is reasonably 
     calculated to apprehend, or results in the apprehension of, 
     at least 50 aliens shall have access to legal orientation 
     presentations provided by independent, nongovernmental 
     agencies through the Legal Orientation Program administered 
     by the Executive Office for Immigration Review.
       (d) Regulations Concerning the Treatment of Aliens in a 
     Vulnerable Population in the United States.--Not later than 6 
     months after the date of the enactment of this Act, the 
     Secretary shall promulgate regulations to implement this 
     section, in accordance with the notice and comment 
     requirements under subchapter II of chapter 5 of title 5, 
     United States Code (commonly referred to as the 
     Administrative Procedure Act).
       (e) Report to Congress.--The Secretary shall submit an 
     annual report that describes all the actions taken by the 
     Department to implement this section to--
       (1) the Committee on the Judiciary of the Senate;
       (2) the Committee on the Judiciary of the House of 
     Representatives;
       (3) the Committee on Homeland Security and Governmental 
     Affairs of the Senate; and
       (4) the Committee on Homeland Security of the House of 
     Representatives.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this section.
                                 ______
                                 
  SA 1179. Mr. LAUTENBERG (for himself, Mr. Brownback, Mr. Menendez, 
Mrs. Clinton, Mr. Dodd, Mr. Feingold, Mr. Lieberman, and Mr. Schumer) 
submitted an amendment intended to be proposed by him to the bill S. 
1348, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of Title VII, insert the following:

                    Subtitle _--Humanitarian Relief

     SEC. __1. SHORT TITLE.

       This subtitle may be cited as the ``September 11 Family 
     Humanitarian Relief and Patriotism Act''.

     SEC. __2. DEFINITIONS.

       (a) Application of Immigration and Nationality Act 
     Provisions.--Except as otherwise specifically provided in 
     this subtitle, the definitions used in the Immigration and 
     Nationality Act (8 U.S.C. 1101 et seq.), other than the 
     definitions applicable exclusively to title III of such Act, 
     shall apply in the administration of this subtitle.
       (b) Specified Terrorist Activity.--In this subtitle, the 
     term ``specified terrorist activity'' means any terrorist 
     activity conducted against the Government or the people of 
     the United States on September 11, 2001.

     SEC. __3. ADJUSTMENT OF STATUS FOR CERTAIN VICTIMS OF 
                   TERRORISM.

       (a) Adjustment of Status.--
       (1) In general.--The Secretary shall adjust the status of 
     any alien described in subsection (b) to that of an alien 
     lawfully admitted for permanent residence, if the alien--
       (A) applies for such adjustment not later than 2 years 
     after the date on which the Secretary establishes procedures 
     to implement this section; and
       (B) is otherwise admissible to the United States for 
     permanent residence, except in determining such admissibility 
     the grounds for inadmissibility specified in paragraphs (4), 
     (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (2) Rules in applying certain provisions.--
       (A) In general.--In the case of an alien described in 
     subsection (b) who is applying for adjustment of status under 
     this section--
       (i) the provisions of section 241(a)(5) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply; 
     and
       (ii) the Secretary may grant the alien a waiver on the 
     grounds of inadmissibility under subparagraphs (A) and (C) of 
     section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).
       (B) Standards.--In granting waivers under subparagraph 
     (A)(ii), the Secretary shall use standards used in granting 
     consent under subparagraphs (A)(iii) and (C)(ii) of such 
     section 212(a)(9).
       (3) Relationship of application to certain orders.--
       (A) Application permitted.--An alien who is present in the 
     United States and has been ordered excluded, deported, 
     removed, or ordered to depart voluntarily from the United 
     States under any provision of the Immigration and Nationality 
     Act (8 U.S.C. 1101 et seq.) may apply for adjustment of 
     status under paragraph (1).
       (B) Motion not required.--An alien described in 
     subparagraph (A) may not be required, as a condition of 
     submitting or granting such application, to file a separate 
     motion to reopen, reconsider, or vacate such order.
       (C) Effect of decision.--If the Secretary grants a request 
     under subparagraph (A), the Secretary shall cancel the order. 
     If the Secretary renders a final administrative decision to 
     deny the request, the order shall be effective and 
     enforceable to the same extent as if the application had not 
     been made.
       (b) Aliens Eligible for Adjustment of Status.--Subject to 
     section __5, the benefits under subsection (a) shall apply to 
     any alien who--
       (1) was lawfully present in the United States as a 
     nonimmigrant alien under the immigration laws of the United 
     States on September 10, 2001;
       (2) was, on such date, the spouse, child, dependent son, or 
     dependent daughter of an alien who--
       (A) was lawfully present in the United States as a 
     nonimmigrant under the immigration laws of the United States 
     on such date; and
       (B) died as a direct result of a specified terrorist 
     activity; and
       (3) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (c) Stay of Removal; Work Authorization.--
       (1) In general.--The Secretary shall establish a process by 
     which an alien subject to a final order of removal may seek a 
     stay of such order based on the filing of an application 
     under subsection (a).
       (2) During certain proceedings.--Notwithstanding any 
     provision of the Immigration and Nationality Act (8 U.S.C. 
     1101 et seq.), the Secretary may not order any alien to be 
     removed from the United States, if the alien is in removal 
     proceedings under any provision of such Act and has applied 
     for adjustment of status under subsection (a), unless the 
     Secretary has rendered a final administrative determination 
     to deny the application.
       (3) Work authorization.--The Secretary shall authorize an 
     alien who was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note), and who has applied for adjustment of status 
     under 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. __4. CANCELLATION OF REMOVAL FOR CERTAIN IMMIGRANT 
                   VICTIMS OF TERRORISM.

       (a) In General.--Subject to the provisions of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
     (other than subsections (b)(1), (d)(1), and (e) of section 
     240A of such Act (8 U.S.C. 1229b)) and section __5 of this 
     Act, 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--
       (1) was, on September 10, 2001, the spouse, child, 
     dependent son, or dependent daughter of an alien who died as 
     a direct result of a specified terrorist activity; and

[[Page S6569]]

       (2) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (c) Stay of Removal; Work Authorization.--
       (1) In general.--The Secretary shall establish a process to 
     provide for an alien subject to a final order of removal to 
     seek a stay of such order based on the filing of an 
     application under subsection (a).
       (2) Work authorization.--The Secretary shall authorize an 
     alien who was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note), and who has applied for cancellation of removal 
     under subsection (a) to engage in employment in the United 
     States during the pendency of such application.
       (d) Motions To Reopen Removal Proceedings.--
       (1) In general.--Notwithstanding any limitation imposed by 
     law on motions to reopen removal proceedings (except 
     limitations premised on an alien's conviction of an 
     aggravated felony (as defined in section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), any 
     alien who has become eligible for cancellation of removal as 
     a result of the enactment of this section may file 1 motion 
     to reopen removal proceedings to apply for such relief.
       (2) Filing period.--The Secretary shall designate a 
     specific time period in which all such motions to reopen are 
     required to be filed. The period shall begin not later than 
     60 days after the date of the enactment of this Act and shall 
     extend for a period not to exceed 240 days.

     SEC. __5. EXCEPTIONS.

       Notwithstanding any other provision of this subtitle, an 
     alien may not be provided relief under this subtitle if the 
     alien is--
       (1) inadmissible under paragraph (2) or (3) of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)), or deportable under paragraph (2) or (4) of section 
     237(a) of such Act (8 U.S.C. 1227(a)), including any 
     individual culpable for a specified terrorist activity; or
       (2) a family member of an alien described in paragraph (1).

     SEC. __6. EVIDENCE OF DEATH.

       For purposes of this subtitle, the Secretary shall use the 
     standards established under section 426 of the Uniting and 
     Strengthening America by Providing Appropriate Tools Required 
     to Intercept and Obstruct Terrorism (USA PATRIOT Act) Act of 
     2001 (115 Stat. 362) in determining whether death occurred as 
     a direct result of a specified terrorist activity.

     SEC. __7. AUTHORITY OF THE ATTORNEY GENERAL.

       The requirements and authorities under this subtitle 
     pertaining to the Secretary, other than the authority to 
     grant work authorization, shall apply to the Attorney General 
     with respect to cases otherwise within the jurisdiction of 
     the Executive Office for Immigration Review.

     SEC. __8. PROCESS FOR IMPLEMENTATION.

       The Secretary and the Attorney General--
       (1) shall carry out this subtitle as expeditiously as 
     possible;
       (2) are not required to promulgate regulations before 
     implementing this subtitle; and
       (3) shall promulgate procedures to implement this subtitle 
     not later than 180 days after the date of the enactment of 
     this subtitle.
                                 ______
                                 
  SA 1180. Mr. HAGEL (for himself and Mr. Durbin) submitted an 
amendment intended to be proposed by him to the bill S. 1348, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       In section 616, strike subsection (a) and insert the 
     following:
       (a) Restoration of State Option to Determine Residency for 
     Purposes of Higher Education Benefits.--
       (1) In general.--Section 505 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1623) is repealed.
       (2) Effective date.--The repeal under paragraph (1) shall 
     take effect as if included in the enactment of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 110 Stat. 3009-546).
                                 ______
                                 
  SA 1181. Mr. DORGAN (for himself and Mrs. Boxer) submitted an 
amendment intended to be proposed by him to the bill S. 1348, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of section 401, add the following:
       (d) Sunset of Y-1 Visa Program.--
       (1) Sunset.--Notwithstanding any other provision of this 
     Act, or any amendment made by this Act, no alien may be 
     issued a new visa as a Y-1 nonimmigrant (as defined in 
     section 218B of the Immigration and Nationality Act, as added 
     by section 403) after the date that is 5 years after the date 
     that the first such visa is issued.
       (2) Construction.--Nothing in paragraph (1) may be 
     construed to affect issuance of visas to Y-2B nonimmigrants 
     (as defined in such section 218B), under the AgJOBS Act of 
     2007, as added by subtitle C, or any visa program other than 
     the Y-1 visa program.

                                 ______
                                 
  SA 1182. Mr. THOMAS submitted an amendment intended to be proposed to 
amendment SA 1150 proposed by Mr. Reid (for Mr. Kennedy (for himself 
and Mr. Specter)) to the bill S. 1348, to provide for comprehensive 
immigration reform and for other purposes; which was ordered to lie on 
the table; as follows:

       At the end of section 101 of the amendment, insert the 
     following:
       (c) Shadow Wolves Apprehension and Tracking.--
       (1) Purpose.--The purpose of this subsection is to 
     authorize the Secretary, acting through the Assistant 
     Secretary of Immigration and Customs Enforcement (referred to 
     in this subsection as the ``Secretary''), to establish new 
     units of Customs Patrol Officers (commonly known as ``Shadow 
     Wolves'') during the 5-year period beginning on the date of 
     enactment of this Act.
       (2) Establishment of new units.--
       (A) In general.--During the 5-year period beginning on the 
     date of enactment of this Act, the Secretary is authorized to 
     establish within United States Immigration and Customs 
     Enforcement up to 5 additional units of Customs Patrol 
     Officers in accordance with this subsection, as appropriate.
       (B) Membership.--Each new unit established pursuant to 
     subparagraph (A) shall consist of up to 15 Customs Patrol 
     Officers.
       (3) Duties.--The additional Immigration and Customs 
     Enforcement units established pursuant to paragraph (2)(A) 
     shall operate on Indian reservations (as defined in section 3 
     of the Indian Financing Act of 1974 (25 U.S.C. 1452)) located 
     on or near (as determined by the Secretary) an international 
     border with Canada or Mexico, and such other Federal land as 
     the Secretary determines to be appropriate, by--
       (A) investigating and preventing the entry of terrorists, 
     other unlawful aliens, instruments of terrorism, narcotics, 
     and other contraband into the United States; and
       (B) carrying out such other duties as the Secretary 
     determines to be necessary.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection such sums as 
     are necessary for each of fiscal years 2008 through 2013.

                                 ______
                                 
  SA 1183. Mrs. CLINTON (for herself, Mr. Hagel, and Mr. Menendez) 
submitted an amendment intended to be proposed by her to the bill S. 
1348, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 238, line 13, strike ``567,000'' and insert 
     ``480,000''.
       On page 238, line 19, strike ``127,000'' and insert 
     ``40,000''.
       On page 247, line 1, insert ``or the child or spouse of an 
     alien lawfully admitted for permanent residence'' after 
     ``United States''.
       On page 247, line 5, insert ``or lawful permanent 
     resident'' after ``citizen''.
       On page 247, line 6, insert ``or lawful permanent 
     resident'' after ``citizen''.
       On page 247, line 6, insert ``or lawful permanent 
     resident's'' after ``citizen's''.
       On page 247, line 7, insert ``or lawful permanent 
     resident'' after ``citizen''.
       On page 247, line 8, insert ``or lawful permanent 
     resident's'' after ``citizen's''.
       On page 247, line 9, insert ``or lawful permanent 
     resident's'' after ``citizen's''.
       On page 247, line 15, insert ``or lawful permanent 
     resident's'' after ``citizen's''.
       On page 247, line 24, insert ``or lawful permanent 
     resident'' after ``citizen''.
       On page 248, strike lines 2 through 11.
       On page 248, line 13, strike the first ``(3)'' and insert 
     ``(2)''.
       On page 249, line 1, strike ``(4)'' and insert ``(3)''.
       On page 250, between lines 42 and 43, insert the following:
       (5) Rules for determining whether certain aliens are 
     immediate relatives.--Section 201(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(f)) is amended--
       (A) in paragraph (1)--
       (i) by striking ``paragraphs (2) and (3),'' and inserting 
     ``paragraph (2),''; and
       (ii) by striking ``(b)(2)(A)(i)'' and inserting ``(b)(2)'';
       (B) by striking paragraph (2);
       (C) by redesignating paragraph (3) as paragraph (2); and
       (D) in paragraph (2), as so redesignated, by striking 
     ``(b)(2)(A)'' and inserting ``(b)(2)''.
       (6) Numerical limitation to any single foreign state.--
     Section 202 of the Immigration and Nationality Act (8 U.S.C. 
     1152) is amended--
       (A) by striking paragraph (4); and
       (B) by redesignating paragraph (5) as paragraph (4).
       (7) Allocation of immigration visas.--Section 203(h) of the 
     Immigration and Nationality Act (8 U.S.C. 1153(h)) is 
     amended--
       (A) in paragraph (1)--
       (i) in the matter preceding subparagraph (A), by striking 
     ``subsections (a)(2)(A) and (d)'' and inserting ``subsection 
     (d)'';
       (ii) in subparagraph (A), by striking ``becomes available 
     for such alien (or, in the case of subsection (d), the date 
     on which an immigrant visa number became available for the 
     alien's parent)'', and inserting ``became available for the 
     alien's parent,''; and
       (iii) in subparagraph (B), by striking ``applicable'';

[[Page S6570]]

       (B) in paragraph (2), by striking ``The petition'' and all 
     that follows through the period and inserting ``The petition 
     described in this paragraph is a petition filed under section 
     204 for classification of the alien parent under subsection 
     (a) or (b).''; and
       (C) in paragraph (3), by striking ``subsections (a)(2)(A) 
     and (d)'' and inserting ``subsection (d)''.
       (8) Procedure for granting immigrant status.--Section 204 
     of the Immigration and Nationality Act (8 U.S.C. 1154) is 
     amended--
       (A) in subsection (a)(1)--
       (i) in subparagraph (A)--

       (I) in clause (iii)--

       (aa) by inserting ``or legal permanent resident'' after 
     ``citizen'' each place that term appears; and
       (bb) in subclause (II)(aa)(CC)(bbb), by inserting ``or 
     legal permanent resident'' after ``citizenship'';

       (II) in clause (iv)--

       (aa) by inserting ``or legal permanent resident'' after 
     ``citizen'' each place that term appears; and
       (bb) by inserting ``or legal permanent resident'' after 
     ``citizenship'';

       (III) in clause (v)(I), by inserting ``or legal permanent 
     resident'' after ``citizen''; and
       (IV) in clause (vi)--

       (aa) by inserting ``or legal permanent resident status'' 
     after ``renunciation of citizenship''; and
       (bb) by inserting ``or legal permanent resident'' after 
     ``abuser's citizenship'';
       (ii) by striking subparagraph (B);
       (iii) by redesignating subparagraphs (C) through (J) as 
     subparagraphs (B) through (I), respectively;
       (iv) in subparagraph (B), as so redesignated, by striking 
     ``subparagraph (A)(iii), (A)(iv), (B)(ii), or (B)(iii)'' and 
     inserting ``clause (iii) or (iv) of subparagraph (A)''; and
       (v) in subparagraph (I), as so redesignated--

       (I) by striking ``or clause (ii) or (iii) of subparagraph 
     (B)''; and
       (II) by striking ``under subparagraphs (C) and (D)'' and 
     inserting ``under subparagraphs (B) and (C)'';

       (B) by striking subsection (a)(2);
       (C) in subsection (h), by striking ``or a petition filed 
     under subsection (a)(1)(B)(ii)''; and
       (D) in subsection (j), by striking ``subsection (a)(1)(D)'' 
     and inserting ``subsection (a)(1)(C)''.
                                 ______
                                 
  SA 1184. Mr. CORNYN (for himself, Mr. Nelson of Nebraska, and Mr. 
DeMint) proposed an amendment to amendment SA 1150 proposed by Mr. Reid 
(for Mr. Kennedy (for himself and Mr. Specter)) to the bill S. 1348, to 
provide for comprehensive immigration reform and for other purposes; as 
follows:

       On page 47, line 25, insert ``, even if the length of the 
     term of imprisonment for the offense is based on recidivist 
     or other enhancements,'' after ``15 years''.
       On page 47, beginning with line 34, strike all through page 
     48, line 10, and insert:
       (3) in subparagraph (N), by striking ``paragraph (1)(A) or 
     (2) of'';
       (4) in subparagraph (O), by striking ``section 275(a) or 
     276 committed by an alien who was previously deported on the 
     basis of a conviction for an offense described in another 
     subparagraph of this paragraph'' and inserting ``section 275 
     or 276 for which the term of imprisonment is at least 1 
     year'';
       (5) by striking the undesignated matter following 
     subparagraph (U);
       (6) in subparagraph (E)--
       (A) in clause (ii), by inserting ``,(c),'' after ``924(b)'' 
     and by striking ``or'' at the end, and
       (B) by adding at the end the following new clauses:
       ``(iv) section 2250 of title 18, United States Code 
     (relating to failure to register as a sex offender); or
       ``(v) section 521(d) of title 18, United States Code ( 
     relating to penalties for offenses committed by criminal 
     street gangs);''; and
       (7) by amending subparagraph (F) to read as follows:
       ``(F) either--
       ``(i) a crime of violence (as defined in section 16 of 
     title 18, United States Code, but not including a purely 
     political offense), or
       ``(ii) a third conviction for driving while intoxicated ( 
     including a third conviction for driving while under the 
     influence or impaired by alcohol or drugs), without regard to 
     whether the conviction is classified as a misdemeanor or 
     felony under State law,
     for which the term of imprisonment is at least one year;''.
       (b) Effective Date.--The amendments made by this section 
     shall--
       (1) take effect on the date of the enactment of this Act; 
     and
       (2) apply to any act that occurred before, on, or after 
     such date of enactment.
       In title II, insert after section 203 the following:

     SEC. 204. TERRORIST BAR TO GOOD MORAL CHARACTER.

       (a) Definition of Good Moral Character.--Section 101(f) (8 
     U.S.C. 1101(f)) is amended by inserting after paragraph (1) 
     the following:
       ``(2) one who the Secretary of Homeland Security or the 
     Attorney General determines, in the unreviewable discretion 
     of the Secretary or the Attorney General, to have been at any 
     time an alien described in section 212(a)(3) or 237(a)(4), 
     which determination--
       ``(A) may be based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information; and
       ``(B) shall be binding upon any court regardless of the 
     applicable standard of review;''.
       (b) Effective Date.--The amendment made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to--
       (1) any act that occurred before, on, or after the date of 
     the enactment of this Act, and
       (2) any application for naturalization or any other benefit 
     or relief, or any other case or matter under the immigration 
     laws, pending on or filed after the date of enactment of this 
     Act.

     SEC. 204A. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF 
                   AGGRAVATED FELONIES OR OTHER SERIOUS OFFENSES.

       (a) Inadmissibility On Criminal and Related Grounds; 
     Waivers.--Section 212 (8 U.S.C. 1182) is amended--
       (1) by adding at the end of subsection (a)(2) the following 
     new subparagraphs:
       ``(J) Certain firearm offenses.--Any alien who at any time 
     has been convicted under any law of, or who admits having 
     committed or admits committing acts which constitute the 
     essential elements of, purchasing, selling, offering for 
     sale, exchanging, using, owning, possessing, or carrying, or 
     of attempting or conspiring to purchase, sell, offer for 
     sale, exchange, use, own, possess, or carry, any weapon, 
     part, or accessory which is a firearm or destructive device 
     (as defined in section 921(a) of title 18, United States 
     Code) in violation of any law is inadmissible.
       ``(K) Aggravated felons.--Any alien who has been convicted 
     of an aggravated felony at any time is inadmissible.
       ``(L) Crimes of domestic violence, stalking, or violation 
     of protection orders; crimes against children.--
       ``(i) Domestic violence, stalking, and child abuse.--Any 
     alien who at any time is convicted of, or who admits having 
     committed or admits committing acts which constitute the 
     essential elements of, a crime of domestic violence, a crime 
     of stalking, or a crime of child abuse, child neglect, or 
     child abandonment is inadmissible. For purposes of this 
     clause, the term `crime of domestic violence' means any crime 
     of violence (as defined in section 16 of title 18, United 
     States Code) against a person committed by a current or 
     former spouse of the person, by an individual with whom the 
     person shares a child in common, by an individual who is 
     cohabiting with or has cohabited with the person as a spouse, 
     by an individual similarly situated to a spouse of the person 
     under the domestic or family violence laws of the 
     jurisdiction where the offense occurs, or by any other 
     individual against a person who is protected from that 
     individual's acts under the domestic or family violence laws 
     of the United States or any State, Indian tribal government, 
     or unit of local or foreign government.
       ``(ii) Violators of protection orders.--Any alien who at 
     any time is enjoined under a protection order issued by a 
     court and whom the court determines has engaged in conduct 
     that violates the portion of a protection order that involves 
     protection against credible threats of violence, repeated 
     harassment, or bodily injury to the person or persons for 
     whom the protection order was issued is inadmissible. For 
     purposes of this clause, the term `protection order' means 
     any injunction issued for the purpose of preventing violent 
     or threatening acts of domestic violence, including temporary 
     or final orders issued by civil or criminal courts (other 
     than support or child custody orders or provisions) whether 
     obtained by filing an independent action or as a independent 
     order in another proceeding.''; and
       (2) in subsection (h)--
       (A) by striking ``The Attorney General may, in his 
     discretion, waive the application of subparagraphs (A)(i)(I), 
     (B), (D), and (E) of subsection (a)(2)'' and inserting ``The 
     Attorney General or the Secretary of Homeland Security may, 
     in his discretion, waive the application of subparagraphs 
     (A)(i)(I), (III), (B), (D), (E), (J), and (L) of subsection 
     (a)(2)'';
       (B) by striking ``if either since the date of such 
     admission the alien has been convicted of an aggravated 
     felony or the alien'' in the next to last sentence and 
     inserting ``if since the date of such admission the alien''; 
     and
       (C) by inserting ``or Secretary of Homeland Security'' 
     after ``the Attorney General'' each place it appears.
       (b) Deportability for Criminal Offenses Involving 
     Identification.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is 
     amended by adding after subparagraph (E) the following new 
     subparagraph:
       ``(F) Criminal offenses involving identification.--An alien 
     shall be considered to be deportable if the alien has been 
     convicted of a violation of (or a conspiracy or attempt to 
     violate) an offense described in section 208 of the Social 
     Security Act (42 U.S.C. 408) (relating to social security 
     account numbers or social security cards) or section 1028 of 
     title 18, United States Code (relating to fraud and related 
     activity in connection with identification).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to--
       (1) any act that occurred before, on, or after the date of 
     enactment, and
       (2) to all aliens who are required to establish 
     admissibility on or after the date of enactment of this 
     section, and in all removal,

[[Page S6571]]

     deportation, or exclusion proceedings that are filed, 
     pending, or reopened, on or after such date.
       (d) Construction.--The amendments made by subsection (a) 
     shall not be construed to create eligibility for relief from 
     removal under former section 212(c) of the Immigration and 
     Nationality Act if such eligibility did not exist before the 
     amendments became effective.
       On page 48, line 36, insert ``including a violation of 
     section 924 (c) or (h) of title 18, United States Code,'' 
     after ``explosives''.
       On page 49, lines 7 and 8, strike ``, which is punishable 
     by a sentence of imprisonment of five years or more''.
       On page 49, beginning with line 44, through page 50, line 
     2, strike ``Unless the Secretary of Homeland Security or the 
     Attorney General waives the application of this subparagraph, 
     any'' and insert ``Any''.
       On page 50, lines 20 through 22, strike ``The Secretary of 
     Homeland Security or the Attorney General may in his 
     discretion waive this subparagraph.''.
       On page 282, strike lines 32 through 38, and insert:
       (A) is inadmissible to the United States under section 
     212(a) of the Act (8 U.S.C. 1182(a));
       On page 284, strike lines 1 through 7, and insert:
       (I) is an alien who is described in or subject to section 
     237(a)(2)(A)(iii), (iv) or (v) of the Act (8 U.S.C. 
     1227(a)(2)(A)(iii), (iv) or (v)), except if the alien has 
     been granted a full and unconditional pardon by the President 
     of the United States of the Governor of any of the several 
     States, as provided in section 237(a)(2)(A)(vi) of the Act (8 
     U.S.C. 1227(a)(2)(A)(vi);
       (J) is an alien who is described in or subject to section 
     237(a)(4) of the Act (8 U.S.C. 1227(a)(4); and
       (K) is an alien who is described in or subject to section 
     237(a)(3)(C) of the Act (8 U.S.C. 1227(a)(3)(C)), except if 
     the alien is approved for a waiver as authorized under 
     section 237 (a)(3)(C)(ii) of the Act (8 U.S.C. 
     1227(a)(3)(C)(ii)).
       On page 284, line 21, strike ``(9)(C)(i)(I),''.
       On page 284, line 41, strike ``section 
     212(a)(9)(C)(i)(II)'' and insert ``section 212(a)(9)(C)''.
       On page 285, between lines 2 and 3, insert:

       (VII) section 212(a)(6)(E) of the Act (8 U.S.C. 
     1182(a)(6)(E)), except if the alien is approved for a waiver 
     as authorized under section 212(d)(11) of the Act (8 U.S.C. 
     1182(d)(11)); or
       (VIII) section 212(a)(9)(A) of the Act (8 U.S.C. 
     1182(a)(9)(A)).

       On page 286, between lines 6 and 7, insert:
       (5) Good moral character.--The alien must establish that he 
     or she is a person of good moral character ( within the 
     meaning of section 101(f) of the Act (8 U.S.C. 1101(f)) 
     during the past three years and continue to be a person of 
     such good moral character.
                                 ______
                                 
  SA 1185. Mr. OBAMA submitted an amendment intended to be proposed by 
him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Section 1(a) is amended by adding at the end the following:
       (6) Staff enhancements for the department of labor.--The 
     Department of Labor has hired at least 250 compliance 
     investigators and attorneys who are dedicated to the 
     enforcement of labor standards, including those contained in 
     sections 218A, 218B, and 218C of the Immigration and 
     Nationality Act (as added by this Act), the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 201 et seq.), and the 
     Occupational Safety and Health Act of 1970 (29 U.S.C. 651 et 
     seq.), in geographic and occupational areas in which a high 
     percentage of workers who are Y nonimmigrants will be 
     working.
       In section 1(c), strike ``(a)(1)-(5)'' and insert ``(a)(1)-
     (6)''.
                                 ______
                                 
  SA 1186. Mr. AKAKA (for himself, Mr. Reid, Mr. Durbin, Mr. Inouye, 
Mrs. Boxer, Mrs. Murray, and Ms. Cantwell) proposed an amendment to 
amendment SA 1150 proposed by Mr. Reid (for Mr. Kennedy (for himself 
and Mr. Specter)) to the bill S. 1348, to provide for comprehensive 
immigration reform and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. _. EXEMPTION FROM IMMIGRANT VISA LIMIT.

       Section 201(b)(1) (8 U.S.C. 1151(b)(1)) is amended by 
     inserting after subparagraph (G), as added by section 503 of 
     this Act, the following:
       ``(H) Aliens who are eligible for a visa under paragraph 
     (1) or (3) of section 203(a) and who have a parent who was 
     naturalized pursuant to section 405 of the Immigration Act of 
     1990 (8 U.S.C. 1440 note).''.
                                 ______
                                 
  SA 1187. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place in title VI, insert the following:

     SEC. 6__. MANDATORY DISCLOSURE.

       (a) In General.--An alien may not be granted Z nonimmigrant 
     status under this title unless the alien fully discloses to 
     the Secretary all the names and Social Security account 
     numbers that the alien has ever used to obtain employment in 
     the United States.
       (b) Enforcement.--If the Secretary determines that a Z 
     nonimmigrant has not complied with the requirement under 
     subsection (a), the Secretary shall revoke the alien's Z 
     nonimmigrant status.
       (c) Notification of Rightful Assignees.--The Secretary may 
     disclose information received from aliens pursuant to a 
     disclosure under subsection (a) to any Federal or State 
     agency authorized to collect such information to enable such 
     agency to notify each named individual or rightful assignee 
     of the Social Security account number of the alien's misuse 
     of such name or number to obtain employment.
                                 ______
                                 
  SA 1188. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. INFORMATION REGARDING EMPLOYMENT AUTHORIZATION.

       (a) In General.--The Secretary shall submit to the 
     Commissioner of Social Security, in a format established by 
     the Commissioner and the Secretary--
       (1) the name, Social Security number, and date of birth of 
     each alien who the Secretary authorizes, or renews or extends 
     such authorization, to engage in employment in the United 
     States;
       (2) the date such authority, or renewal or extension of 
     authority, is granted;
       (3) the name, Social Security number, and date of birth of 
     each alien whose authority to engage in employment in the 
     United States expires without renewal, is revoked by the 
     Secretary, or otherwise ceases to be authorized to engage in 
     employment in the United States, and
       (4) the effective date of such expiration, revocation, or 
     other cessation.
       (b) Time of Submission.--The information described in 
     subsection (a) shall be submitted to the Commissioner after 
     any review or appeal under procedures established by the 
     Secretary.
       (c) Administrative Review.--The information submitted 
     pursuant to subsection (a) shall be the final determination 
     of the Secretary and is not subsequently reviewable by the 
     Commissioner.
       (d) Storage of Information.--The Commissioner shall 
     electronically store the information received pursuant to 
     subsection (a) in a format that facilitates the calculation 
     adjustment described in subsection (e).
       (e) Effect on Social Security Benefits.--In calculating 
     benefits under title II of the Social Security Act (42 U.S.C. 
     401 et seq.), the Social Security Administration shall not 
     count, as a quarter of coverage (as defined in section 
     213(a)(2)(A) of such Act (42 U.S.C. 413(a)(2)(A)), any 
     quarter after the effective date of this section during which 
     the individual, if not a citizen or national of the United 
     States, was not identified by the Secretary pursuant to 
     subsection (a) as an alien authorized to engage in employment 
     in the United States.
       (f) Effective Date.--This section shall be effective with 
     respect to determinations made by the Secretary with regard 
     to authority to engage in employment in the United States 
     beginning 1 year after the date of the enactment of this Act.
                                 ______
                                 
  SA 1189. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 203(b)(1)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1153(b)(1)(A)), as amended by section 502, in 
     the table in that section, strike the items relating to the 
     Supplemental schedule for Zs.

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