[Congressional Record Volume 153, Number 89 (Tuesday, June 5, 2007)]
[Senate]
[Pages S7078-S7095]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1282. Mr. ISAKSON (for himself and Mr. Chambliss) 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 274A(i) of the Immigration and Nationality Act 
     (as amended by section 302(a) of the amendment), strike 
     paragraph (2) and insert the following:
       ``(2) Preemption.--This section preempts any State or local 
     law that--
       ``(A) requires the use of the EEVS in a manner that--
       ``(i) conflicts with any Federal policy, procedure, or 
     timetable; or
       ``(ii) imposes a civil or criminal sanction (other than 
     through licensing or other similar laws) on a person that 
     employs, or recruits or refers for a fee for employment, any 
     unauthorized alien; and
       ``(B) requires, as a condition of conducting, continuing, 
     or expanding a business, that, to achieve compliance with 
     subsection (a) or (b), a business entity--
       ``(i) shall provide, build, fund, or maintain a shelter, 
     structure, or designated area at or near the place of 
     business of the entity for use by--
       ``(I) any individual who is not an employee of the business 
     entity who enters or seeks to enter the property of the 
     entity for the purpose of seeking employment by the entity; 
     or
       ``(II) any contractor, customer, or other person over which 
     the business entity has no authority; or
       ``(ii) shall carry out any other activity to facilitate the 
     employment by others of--
       ``(I) any individual who is not an employee of the business 
     entity who enters or seeks to enter the property of the 
     entity for the purpose of seeking employment by the entity; 
     or
       ``(II) any contractor, customer, or other person over which 
     the business entity has no authority.''.
                                 ______
                                 
  SA 1283. 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 218B(e)(3) of the Immigration and Nationality 
     Act, as added by section 403(a), strike ``An employer in a 
     high unemployment'' and all that follows through the end of 
     the paragraph.
                                 ______
                                 
  SA 1284. 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:


[[Page S7079]]


       Strike section 411 and insert the following:

     SEC. 411. COMPLIANCE INVESTIGATORS.

       (a) In General.--The Secretary of Labor, subject to the 
     availability of appropriations for such purpose, shall 
     increase, by not less than 400 per year for each of the 5 
     fiscal years after the date of enactment of this Act, the 
     number of positions for compliance investigators and 
     attorneys dedicated to the enforcement of labor standards, 
     including those contained in sections 218A, 218B, and 218C, 
     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 are Y nonimmigrants.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary of Labor for each of the 
     5 fiscal years after the date of enactment of this Act such 
     sums as may be necessary to carry out subsection (a).
                                 ______
                                 
  SA 1285. Mr. GRASSLEY 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. __. ALLOCATION OF FIELD AGENTS.

       (a) In General.--Section 103(f) (8 U.S.C. 1103(f)) is 
     amended to read as follows:
       ``(f) Minimum Number of Agents Allocated to States.--
       ``(1) In general.--The Secretary of Homeland Security shall 
     allocate to each State--
       ``(A) not fewer than 40 full-time active duty agents of 
     United States Immigration and Customs Enforcement to--
       ``(i) investigate immigration violations; and
       ``(ii) ensure the departure of all removable aliens; and
       ``(B) not fewer than 15 full-time active duty agents of 
     United States Citizenship and Immigration Services to carry 
     out immigration and naturalization adjudication functions.
       ``(2) Waiver.--The Secretary may waive the requirement 
     under paragraph (1) for any State with a population of fewer 
     than 2,000,000 residents, according to the most recent 
     information published by the Bureau of the Census.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on the date that is 90 days after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 1286. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 113 (relating to the release of aliens from 
     noncontiguous countries).
                                 ______
                                 
  SA 1287. Mr. GRASSLEY 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 subsection (a) of section 1, add the 
     following:
       (6) Surveillance plan and national strategy for border 
     security.--The Department of Homeland Security has 
     developed--
       (A) a comprehensive plan for systematic surveillance of the 
     international land and maritime borders of the United States 
     pursuant to section 126; and
       (B) a national strategy for border security pursuant to 
     section 127.
                                 ______
                                 
  SA 1288. Mr. GRASSLEY 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 subsection (a) of section 1, add the 
     following:
       (6) Entry and exit system.--The Department of Homeland 
     Security has fully implemented an automated entry and exit 
     control system that will--
       (A)(i) collect a record of departure for every alien 
     departing the United States; and
       (ii) match the records of departure with the record of the 
     arrival of the alien in the United States; and
       (B) enable the Secretary to identify, through searching 
     procedures on the Internet, lawfully-admitted nonimmigrants 
     who remain in the United States beyond the applicable period 
     authorized by the Secretary.
       Strike section 130 (relating to the US-Visit System).
                                 ______
                                 
  SA 1289. Mr. GRASSLEY 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 287, line 31, strike ``Z-1'' and insert ``any Z''.
       On page 287, line 34, strike ``$1,000'' and insert 
     ``$5,000''.
       On page 287, strike line 36 and all that follows through 
     ``(iii)'' on line 41, and insert ``(ii)''.
       On page 304, strike line 36 and all that follows through 
     ``behalf,'' on line 38 and insert the following: ``status, 
     the Secretary of Homeland Security may impose an additional 
     penalty in an amount not to exceed $5,000,''.
                                 ______
                                 
  SA 1290. Mr. GRASSLEY 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 293, line 12, insert ``and'' after ``center;''.
       On page 293, line 13, strike the semicolon at the end and 
     insert a period.
       On page 293, strike lines 14 through 32
                                 ______
                                 
  SA 1291. Mr. GRASSLEY 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 317, strike line 8 and all that follows through 
     ``(b)'' on line 12.
                                 ______
                                 
  SA 1292. Mr. GRASSLEY 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 288, line 33, insert the following:
       (9) Medical examination.--An applicant for Z nonimmigrant 
     status shall, at the alien's expense, obtain proper 
     immunizations and undergo an appropriate medical examination 
     that conforms to generally accepted professional standards of 
     medical practice.
                                 ______
                                 
  SA 1293. Mr. GRASSLEY 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 288, strike lines 6 through 9 and insert the 
     following: ``subsection, any Z nonimmigrant shall pay a State 
     impact assistance fee in an amount equal to $500.''.
                                 ______
                                 
  SA 1294. Mr. GRASSLEY 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 304, line 4, strike ``Z-1'' and insert ``Z''.
       On page 304, lines 10 and 11, strike ``Unless otherwise 
     directed by the Secretary of State, a Z-1'' and insert ``A 
     Z''.
       On page 304, line 15, strike ``A consular office'' and all 
     that follows through line 20.
                                 ______
                                 
  SA 1295. Mr. GRASSLEY 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 288, line 33, insert the following:
       (9) English and civics.--An alien who is 18 years of age or 
     older shall meet the requirements under section 312(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1423(a)).
       On page 295, strike line 20 and all that follows through 
     page 296, line 22, and insert the following:

       (I) Requirement at first renewal.--At or before the time of 
     application for the first extension of Z nonimmigrant status, 
     an alien who is 18 years of age or older shall meet the 
     requirements under section 312(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1423(a)).
       (II) Exception.--The requirement under subclause (I) shall 
     not apply to any person who, on the date of the filing of the 
     person's application for an extension of Z nonimmigrant 
     status--

       (aa) is unable to comply because of physical or 
     developmental disability or mental impairment to comply with 
     such requirement; or
       (bb) is older than 70 years of age and has been living in 
     the United States for periods totaling not less than 20 
     years.
                                 ______
                                 
  SA 1296. Mr. GRASSLEY 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 289, line 8, strike ``If, during the one-year'' and 
     all that follows through line 14.
                                 ______
                                 
  SA 1297. Mr. GRASSLEY 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 291, strike lines 22 through 38.
                                 ______
                                 
  SA 1298. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1348, provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:


[[Page S7080]]


       On page 289, line 42, strike ``may'' and insert ``shall''.
       On page 290, line 18, strike ``by the end of the next 
     business day''.
       On page 290, line 44, and page 291, line 1, strike ``or the 
     end of the next business day, whichever is sooner''.
       On page 296, line 39, strike ``may'' and insert ``shall''.
                                 ______
                                 
  SA 1299. Ms. SNOWE (for herself, Ms. Mikulski, and Mr. Levin) 
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 223, line 27, strike ``101(a)(15)(Y)(ii)(II)'' and 
     ``(101)(a)(15)(Y)(ii)''.
       On page 224, in the handwritten material, by striking 
     ``(9)(A)'' and inserting ``(10)(A), as redesignated by 
     paragraph (2) of this section''.
       On page 225, strike the period at the end and insert the 
     following: ``; and
       (4) in paragraph (11), as redesignated by paragraph (2) of 
     this section--
       (A) by inserting ``(A)'' after ``(10)''; and
       (B) by adding at the end the following:
       ``(B) The numerical limitations under paragraph (1)(D) 
     shall be allocated for each fiscal year to ensure that the 
     total number of aliens subject to such numerical limits who 
     enter the United States pursuant to a visa or are accorded 
     nonimmigrant status under section 101(a)(15)(Y)(ii) during 
     the first 6 months of such fiscal year is not greater than 50 
     percent of the total number of such visas available for that 
     fiscal year.''.
                                 ______
                                 
  SA 1300. 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, insert the following:

     SECTION __. EXPEDITED ADJUDICATION OF EMPLOYER PETITIONS FOR 
                   ATHLETES, ARTISTS, ENTERTAINERS, AND OTHER 
                   ALIENS OF EXTRAORDINARY ABILITY.

       Section 214(c) (8 U.S.C. 1184(c)) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security''; and
       (2) in paragraph (6)(D)--
       (A) by striking ``Any person'' and inserting the following:
       ``(i) Except as provided in clause (ii), any person''; and
       (B) by adding at the end the following:
       ``(ii) The Secretary of Homeland Security shall adjudicate 
     each petition for an alien described in subparagraph (O) or 
     (P) of section 101(a)(15) not later than 30 days after--
       ``(I) the date on which the petitioner submits the petition 
     with a written advisory opinion, letter of no objection, or 
     request for a waiver; or
       ``(II) the date on which the 15-day period described in 
     clause (i) has expired, if the petitioner has had an 
     appropriate opportunity to supply rebuttal evidence.
       ``(iii) If a petition described in clause (ii) is not 
     adjudicated before the end of the 30-day period described in 
     clause (ii) and the petitioner is a qualified nonprofit 
     organization or an individual or entity petitioning primarily 
     on behalf of a qualified nonprofit organization, the 
     Secretary shall provide the petitioner with the premium-
     processing services referred to in section 286(u), without a 
     fee.''.
                                 ______
                                 
  SA 1301. 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:

       At the end of section 218A of the Immigration and 
     Nationality Act, as added by section 402(a), add the 
     following new subsection:
       ``(v) Social Security and Medicare.--
       ``(1) Social security payroll tax.--Notwithstanding whether 
     an agreement under section 233 of the Social Security Act is 
     in effect between the United States and the home country of Y 
     nonimmigrant, upon submission of a request at a United States 
     Consulate in the home country of an alien who has ceased to 
     be a Y nonimmigrant as result of termination of employment in 
     the United States, the Secretary of the Treasury shall pay 
     the alien an amount equal to the total tax imposed under 
     section 3101(a) of the Internal Revenue Code of 1986 on the 
     wages received by the alien and 50 percent of the tax imposed 
     under section 1401(a) of such Code on the self-employment 
     income of such alien while the alien was in such nonimmigrant 
     status (without interest). An alien receiving such a payment 
     shall be--
       ``(A) ineligible for any future admission to the United 
     States under a Y nonimmigrant status; and
       ``(B) prohibited from being credited for purposes of 
     computing benefits or determining insured status under title 
     II of the Social Security Act for any quarter of coverage on 
     which such payment is based.
       ``(2) Medicare payroll tax.--Not later than 1 year after 
     such date of enactment, the Secretary of the Treasury, in 
     consultation with the Secretary of Health and Human Services, 
     shall issue regulations establishing procedures for 
     transferring amounts collected from the tax imposed under 
     section 3101(b) of the Internal Revenue Code of 1986 on the 
     wages received by Y nonimmigrant and 50 percent of the tax 
     imposed under section 1401(b) of such Code on the self-
     employment income of such alien while working in the United 
     States to the State Impact Assistance Account established 
     under section 286(x) of the Immigration and Nationality Act 
     (8 U.S.C. 1356(x)) for the purpose of the Secretary of Heath 
     and Human Services making grants to States to provide health 
     services to noncitizens in accordance with the requirements 
     of paragraph (4) of such section.
       ``(3) Enumeration by the commissioner of social security 
     and certification of work history by the secretary of 
     homeland security.--
       ``(A) In general.--The Secretary, in consultation with the 
     Commissioner of Social Security shall implement a system to--
       ``(i) allow for the enumeration by the Commissioner of 
     Social Security of any Y nonimmigrant, concurrent with the 
     granting of the alien such status;
       ``(ii) require such alien, as a condition of receiving a 
     payment described in paragraph (1), to--

       ``(I) provide the Secretary and the Commissioner of Social 
     Security with the number assigned to the alien by the 
     Commissioner of Social Security in accordance with clause 
     (i); and
       ``(II) execute the document described in subparagraph (C); 
     and

       ``(iii) provide the Commissioner of Social Security with a 
     copy of such document and a certification specifying, after a 
     review conducted in accordance with subparagraph (B), the 
     year or years for which the alien was authorized to work in 
     the United States.
       ``(B) Review and transmittal of certification of work 
     status.--For purposes of carrying out subparagraph (A), the 
     Secretary shall review the records of the Department of 
     Homeland Security and any other evidence the Secretary 
     determines appropriate for making a determination as to the 
     authorization of an alien granted Y nonimmigrant status to 
     work in the United States during any period for when the 
     alien was not granted such status, including such evidence as 
     the alien may provide such as correspondence with the 
     Department of Homeland Security and copies of employer 
     records.
       ``(C) Document described.--For purposes of subparagraph 
     (A)(ii)(II), a document described in this subparagraph is a 
     document, executed by a Y nonimmigrant as part of a request 
     submitted under paragraph (1), in which the alien--
       ``(i) renounces any entitlement to benefits under title II 
     of the Social Security Act based on wages or self-employment 
     income of the alien earned--

       ``(I) while holding such status; or
       ``(II) during any year or period of years in which the 
     alien was not authorized to work in the United States; and

       ``(ii) acknowledges the detailed list of each year during 
     which (or during any part of which) the Secretary has 
     determined that the alien was authorized to work in the 
     United States and that any wages or self-employment income of 
     the alien earned during any year or part year not so listed 
     shall not be credited to the alien for purposes of 
     determining eligibility for, or the amount of--

       ``(I) a payment to the alien under paragraph (1); or
       ``(II) any benefit for which the alien may become eligible 
     for under title II of the Social Security Act on the basis of 
     a subsequent admission to the United States under a status 
     other than as a Y nonimmigrant.

       ``(4) Application of prohibition on eligibility for federal 
     public benefits.--Nothing in this section shall be construed 
     as affecting the application of title IV of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1601 et seq.) to a Y nonimmigrant and in no 
     event shall an alien be considered a qualified alien under 
     such title while granted such status.
       ``(5) Administration.--Not later than 1 year after the date 
     of the enactment of the Secure Borders, Economic Opportunity 
     and Immigration Reform Act of 2007, the Secretary of the 
     Treasury, the Commissioner of Social Security, the Secretary 
     of Homeland Security, and the Secretary of Health and Human 
     Services shall each issue regulations establishing procedures 
     for carrying out this paragraph, without regard to the 
     requirements of chapter 5 of title 5, United States Code 
     (commonly referred to as the Administrative Procedure 
     Act).''.

                                 ______
                                 
  SA 1302. 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:

       Strike section 607 and insert the following:

     SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS FOR YEARS 
                   WITHOUT WORK AUTHORIZATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended--
       (1) in subsection (c), by striking ``For'' and inserting 
     ``Except as provided in subsection (e), for''; and
       (2) by adding at the end the following new subsections:
       ``(d)(1) Except as provided in paragraph (3) and subsection 
     (e), for purposes of this section and for purposes of 
     determining a qualifying quarter of coverage under section 
     402(b)(2)(B) of the Personal Responsibility

[[Page S7081]]

     and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1612(b)(2)(B))--
       ``(A) no quarter of coverage shall be credited if, with 
     respect to any individual who is not a United States citizen 
     or national, the individual is assigned a social security 
     account number after 2007 and such quarter of coverage is 
     earned prior to the year in which such social security 
     account number is assigned;
       ``(B) no quarter of coverage shall be credited for any 
     calendar year beginning after the date of enactment of the 
     Secure Borders, Economic Opportunity and Immigration Reform 
     Act of 2007, if, with respect to an individual who is not a 
     United States citizen or national, the Secretary of Homeland 
     Security has certified in accordance with paragraph (2)(B) to 
     the Commissioner that the individual is not authorized to 
     engage in work activity in the United States; and
       ``(C) there shall be a rebuttable presumption that an alien 
     who is granted nonimmigrant status under section 
     101(a)(15)(Z) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(Z)) and who was granted a social security 
     account number prior to 2007, has no qualifying quarters of 
     coverage earned prior to the date that the alien is granted 
     such status.
       ``(2) The Commissioner of Social Security shall enter into 
     an agreement with the Secretary of Homeland Security under 
     which the Secretary of Homeland Security shall--
       ``(A) provide the Commissioner of Social Security with such 
     information as the Commissioner determines necessary to carry 
     out the prohibition set forth in paragraph (1)(A);
       ``(B) for purposes of carrying out paragraph (1)(B), notify 
     the Commissioner of Social Security with respect to any alien 
     who is granted authority to enter the United States and 
     engage in work activity and for any alien already in the 
     United States who is granted authority to work or whose 
     period of authority to work is extended or otherwise 
     reinstated by the Secretary of Homeland Security, of--
       ``(i) such determination and the granting of such authority 
     by the Secretary of Homeland Security; and
       ``(ii) the date on which such authority to work in the 
     United States is cancelled, revoked, or otherwise shall 
     cease; and
       ``(C) for purposes of a request by an alien to which 
     paragraph(1)(C) applies to overcome the presumption applied 
     under such paragraph, notify the Commissioner of Social 
     Security that the alien has submitted to the Secretary of 
     Homeland Security appropriate, verifiable documents proving 
     creditable quarters of coverage during a period--
       ``(i) prior to the date that the alien is granted 
     nonimmigrant status under section 101(a)(15)(Z) of the 
     Immigration and Nationality Act (which shall include any 
     probationary period for which the alien was granted such 
     status); and
       ``(ii) that the alien was present in the United States 
     pursuant to a grant of status under a provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) and 
     authorized to engage in work activity while so present.

     Each notification provided by the Secretary of Homeland 
     Security under this paragraph shall specify with respect to 
     an alien, the alien's name, date of birth, admission status, 
     beginning and ending dates for such status, and, if 
     applicable, number enumerated by the Commissioner of Social 
     Security for such alien.
       ``(3) Paragraph (1) shall not apply with respect to any 
     quarter of coverage earned by an individual who satisfies the 
     criterion specified in subsection (c)(2).
       ``(e) Subsection (d) shall not apply with respect to a 
     determination under subsection (a) or (b) for a deceased 
     individual in the case of a child who is a United States 
     citizen and who is applying for child's insurance benefits 
     under section 202(d) based on the wages and self-employment 
     income of such deceased individual.''.
       (b) Benefit Computation.--Section 215(e) of such Act (42 
     U.S.C. 415(e)) is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) in computing the average indexed monthly earnings of 
     an individual, there shall not be counted any wages or self-
     employment income for any year for which no quarter of 
     coverage may be credited to such individual as a result of 
     the application of section 214(d).''.
       (c) Requirement for Secretary to Transmit Notice of 
     Status.--Not later than--
       (1) 6 months after the date of enactment of this Act, the 
     Secretary of Homeland Security shall enter into the agreement 
     with the Commissioner of Social Security required under 
     section 214(d)(2) of the Social Security Act, as added by 
     subsection (a), for purposes of carrying out paragraphs 
     (1)(C) and (2)(C) of section 214(d) of the Social Security 
     Act; and
       (2) 24 months after such date, the Secretary of Homeland 
     Security shall enter into the agreement with the Commissioner 
     of Social Security required under such section 214(d)(2) for 
     purposes of carrying out paragraphs (1)(A) and (1)(B) of such 
     section.
       (d) Effective Dates.--
       (1) In general.--Except as provided in paragraph (2), the 
     amendments made by this section shall be effective with 
     respect to quarters of coverage otherwise creditable for 
     years beginning on or after the date that is 24 months after 
     the date of enactment of this Act.
       (2) Exception for applications for benefits based on social 
     security account number assigned prior to 2007.--Paragraphs 
     (1)(C) and (2)(C) of section 214(d) of the Social Security 
     Act, as added by subsection (a), shall be effective with 
     respect to applications for benefits filed after the 6th 
     month beginning after the month in which this Act is enacted.

                                 ______
                                 
  SA 1303. Mr. NELSON of Florida (for himself and Mr. Martinez) 
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 II, insert the following:

     SEC. 2__. DEPLOYMENT OF TECHNOLOGY TO IMPROVE VISA 
                   PROCESSING.

       Section 222 (8 U.S.C. 1202) is amended by adding at the end 
     the following:
       ``(i) Visa Application Interviews.--
       ``(1) Videoconferencing.--For purposes of subsection (h), 
     the term `in person interview' includes an interview 
     conducted by videoconference or similar technology after the 
     date on which the Secretary of State, in consultation with 
     the Secretary of Homeland Security, certifies that security 
     measures and audit mechanisms have been implemented to ensure 
     that biometrics collected for a visa applicant during an 
     interview using videoconference or similar technology are 
     those of the visa applicant.
       ``(2) Mobile visa interviews.--
       ``(A) In general.--The Secretary of Sate is authorized to 
     carry out a pilot program to conduct visa interviews using 
     mobile teams of consular officials after the date on which 
     the Secretary of State, in consultation with the Secretary of 
     Homeland Security, certifies that such a pilot program may be 
     carried out without jeopardizing the integrity of the visa 
     interview process or the safety and security of consular 
     officers.
       ``(B) Funding.--The Secretary of State shall use amounts 
     otherwise appropriated to the Department of State to carry 
     out the program authorized under subparagraph (A).''.
                                 ______
                                 
  SA 1304. Mr. NELSON of Florida (for himself and Mr. Martinez) 
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. __. DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE 
                   HAITIAN REFUGEE IMMIGRATION FAIRNESS ACT OF 
                   1998.

       (a) In General.--Section 902(d) of the Haitian Refugee 
     Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is 
     amended by adding at the end the following:
       ``(3) Determinations with respect to children.--
       ``(A) Use of application filing date.--Determinations made 
     under this subsection as to whether an individual is a child 
     of a parent shall be made using the age and status of the 
     individual on October 21, 1998.
       ``(B) Application submission by parent.--Notwithstanding 
     paragraph (1)(C), an application under this subsection filed 
     based on status as a child may be filed for the benefit of 
     such child by a parent or guardian of the child, if the child 
     is physically present in the United States on such filing 
     date.''.
       (b) New Applications and Motions To Reopen.--
       (1) New applications.--Notwithstanding section 902(a)(1)(A) 
     of the Haitian Refugee Immigration Fairness Act of 1998, an 
     alien who is eligible for adjustment of status under such 
     Act, as amended by subsection (a), may submit an application 
     for adjustment of status under such Act not later than the 
     later of--
       (A) 2 years after the date of the enactment of this Act; or
       (B) 1 year after the date on which final regulations 
     implementing this section, and the amendment made by 
     subsection (a), are promulgated.
       (2) Motions to reopen.--The Secretary shall establish 
     procedures for the reopening and reconsideration of 
     applications for adjustment of status under the Haitian 
     Refugee Immigration Fairness Act of 1998 that are affected by 
     the amendment made by subsection (a).
       (3) Relationship of application to certain orders.--Section 
     902(a)(3) of the Haitian Refugee Immigration Fairness Act of 
     1998 shall apply to an alien present in the United States who 
     has been ordered excluded, deported, removed, or ordered to 
     depart voluntarily, and who files an application under 
     paragraph (1) or a motion under paragraph (2), in the same 
     manner as such section 902(a)(3) applied to aliens filing 
     applications for adjustment of status under such Act prior to 
     April 1, 2000.
       (c) Inadmissibility Determination.--Section 902 of the 
     Haitian Refugee Immigration Fairness Act of 1998 (8 U.S.C. 
     1255 note) is amended in subsections (a)(1)(B) and (d)(1)(D) 
     by inserting ``(6)(C)(i),'' after ``(6)(A),''.
                                 ______
                                 
  SA 1305. Ms. MURKOWSKI submitted an amendment intended to be proposed 
by her to the bill S. 1348, to provide for comprehensive immigration 
reform

[[Page S7082]]

and for other purposes; which was ordered to lie on the table; as 
follows:

       In section 409 (relating to numerical limitations), strike 
     ``Section 214(g) of the Act'' and insert the following:
       (a) In General.--Section 214(g) of the Act
       In section 214(g)(1)(D) of the Immigration and Nationality 
     Act (8 U.S.C. 1184(g)(1)(D)) (as amended by section 
     409(a)(1)(B)), insert ``subject to paragraph (3),'' before 
     ``under section 101(a)(15)(Y)(ii)(II)''.
       In section 409(a), redesignate the handwritten paragraph 
     (3) as paragraph (5).
       In section 409(a), strike paragraph (2) (relating to the 
     redesignation of paragraphs), and insert the following:
       (2) by redesignating paragraphs (2) through (11) as 
     paragraphs (4) through (13), respectively;
       (3) in paragraph (8) (as so redesignated), by striking 
     ``paragraph (5)'' each place it appears and inserting 
     ``paragraph (7)'';
       (4) by inserting after paragraph (1) the following:
       In section 214(g) of the Immigration and Nationality Act (8 
     U.S.C. 1184(g)) (as amended by section 409(a)), insert after 
     paragraph (2) the following:
       ``(3) Limitation for fish roe technicians.--The numerical 
     limitation described in paragraph (1)(D) shall not apply to 
     any nonimmigrant alien--
       ``(A) who is issued a visa or otherwise provided status 
     under section 101(a)(15)(Y)(ii); and
       ``(B) who is employed, or has received an offer of 
     employment, as a fish roe processor, a fish roe technician, 
     or a supervisor of fish roe processing.''.
       At the end of section 409, add the following:
       (b) Conforming Amendments.--Section 214 of the Immigration 
     and Nationality Act (8 U.S.C. 1184) is amended--
       (1) in subsection (c)(11)(A)(ii), by striking ``subsection 
     (g)(8)(C)'' and inserting ``subsection (g)(10)(C)''; and
       (2) in subsection (j)(2), by striking ``subsection 
     (g)(8)(A)'' and inserting ``subsection (g)(10)(A)''.
                                 ______
                                 
  SA 1306. Ms. MURKOWSKI 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:

       In section 401(a)(1), redesignate subparagraphs (A) through 
     (C) as subparagraphs (B) through (D), respectively, and 
     insert before subparagraph (B) (as so redesignated) the 
     following:
       (A) in clause (ii)(a), by inserting ``for employment as a 
     fish roe processor or fish roe technician or'' before ``to 
     perform agricultural labor or services'';

                                 ______
                                 
  SA 1307. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike section 708 of the bill and insert the following:

     SEC. 708. HISTORY AND GOVERNMENT TEST.

       (a) In General.--The Secretary shall incorporate a 
     knowledge and understanding of the meaning of the Oath of 
     Allegiance provided by section 337 of the Immigration and 
     Nationality Act (8 U.S.C. 1448) into the history and 
     government test given to applicants for citizenship.
       (b) Test Redesign.--The goals of any naturalization test 
     redesign undertaken by the Office of Citizenship of the 
     United States Citizenship and Immigration Services with 
     respect to determining if a candidate for naturalization 
     meets the requirements relating to the English language and 
     the fundamentals of the history, and of the principles and 
     form of government, of the United States, under section 312 
     of the Immigration and Nationality Act, shall include that a 
     candidate demonstrate--
       (1) a sufficient understanding of the English language for 
     usage in everyday life;
       (2) an understanding of American common values and 
     traditions, including the principles of the Constitution of 
     the United States, the Pledge of Allegiance, respect for the 
     flag of the United States, the National Anthem, and voting in 
     public elections;
       (3) an understanding of the history of the United States, 
     including the key events, key persons, key ideas, and key 
     documents that shaped the institutions and democratic 
     heritage of the United States;
       (4) an attachment to the principles of the Constitution of 
     the United States and the well-being and happiness of the 
     people of the United States; and
       (5) an understanding of the rights and responsibilities of 
     citizenship in the United States.
       (c) Report.--The United States Citizenship and Immigration 
     Service shall report to Congress on how the current test 
     redesign is meeting the requirements described in subsection 
     (b).
       (d) Definitions.--As used in this section:
       (1) Key documents.--The term ``key documents'' means the 
     documents that established or explained the foundational 
     principles of democracy in the United States, including the 
     United States Constitution and the amendments to the 
     Constitution (particularly the Bill of Rights), the 
     Declaration of Independence, the Federalist Papers, and the 
     Emancipation Proclamation.
       (2) Key events.--The term ``key events'' means the critical 
     turning points in the history of the United States , 
     including the American Revolution, the Civil War, the world 
     wars of the twentieth century, the civil rights movement, and 
     the major court decisions and legislation that contributed to 
     extending the promise of democracy in American life.
       (3) Key ideas.--The term ``key ideas'' means the ideas that 
     shaped the democratic institutions and heritage of the United 
     States, including the notion of equal justice under the law, 
     freedom, individualism, human rights, and a belief in 
     progress.
       (4) Key persons.--The term ``key persons'' means the men 
     and women who led the United States as founding fathers, 
     elected officials, scientists, inventors, pioneers, advocates 
     of equal rights, entrepreneurs, and artists.
                                 ______
                                 
  SA 1308. Mr. BAYH 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 420(a)(1)(A), redesignate clauses (i) through 
     (iii) as clauses (ii) through (iv), respectively, and insert 
     before clause (ii) (as so redesignated) the following:
       (i) in subparagraph (D)--

       (I) by striking ``(D) The application'' and inserting the 
     following:

       ``(D) Specifications.--
       ``(i) In general.--The application''; and

       (II) by adding at the end the following:

       ``(ii) Verification of employer id number.--The application 
     shall be denied unless the Secretary of Labor verifies that 
     the employer identification number provided on the 
     application is valid and accurate.'';
       In section 420(a)(1)(A), strike clause (iv) (as so 
     redesignated) and insert the following:
       (iv) in subparagraph (G)(i)--

       (I) by striking ``In the case of an application described 
     in subparagraph (E)(ii), subject'' and inserting ``Subject'';
       (II) in subclause (I), by striking ``and'' at the end;
       (III) in subclause (II), by striking the period at the end 
     and inserting ``; and''; and
       (IV) by adding at the end the following:
       ``(III) has posted, for a period of not less than 30 days, 
     the available position on a public job bank website that--

       ``(aa) is accessible through the Internet;
       ``(bb) is national in scope;
       ``(cc) has been in operation on the Internet for at least 
     the 18-month period ending on the date on which the position 
     is posted;
       ``(dd) does not require a registration fee or membership 
     fee to search the job postings of the website; and
       ``(ee) has a valid Federal or State employer identification 
     number.'';
                                 ______
                                 
  SA 1309. Mr. DURBIN (for himself, Mr. Martinez 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 appropriate place, insert the following:

     SEC. __. REPORT ON PROCESSING OF VISA APPLICATIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, and annually thereafter, the Secretary of State 
     shall submit a report to Congress that includes the following 
     information with respect to each visa-issuing post operated 
     by the Department of State where, during the preceding 12 
     months, the length of time between the submission of a 
     request for a personal interview for a nonimmigrant visa and 
     the date of the personal interview of the applicant exceeded, 
     on average, 30 days:
       (1) The number of visa applications submitted to the 
     Department in each of the 3 preceding fiscal years, including 
     information regarding each type of visa applied for.
       (2) The number of visa applications that were approved in 
     each of the 3 preceding fiscal years, including information 
     regarding the number of each type of visa approved.
       (3) The number of visa applications in each of the 3 
     preceding fiscal years that were subject to a Security 
     Advisory opinion or similar specialized review.
       (4) The average length of time between the submission of a 
     visa application and the personal interview of the applicant 
     in each of the 3 preceding fiscal years, including 
     information regarding the type of visa applied for.
       (5) The percentage of visa applicants who were refused a 
     visa in each of the 3 preceding fiscal years, including 
     information regarding the type of visa applied for.
       (6) The number of consular officers processing visa 
     applications in each of the 3 preceding fiscal years.
       (7) A description of each new procedure or program designed 
     to improve the processing of visa applications that was 
     implemented in each of the 3 preceding fiscal years.
       (8) A description of construction or improvement of 
     facilities for processing visa applications in each of the 3 
     preceding fiscal years.
       (9) A description of particular communications initiatives 
     or outreach undertaken to communicate the visa application 
     process to potential or actual visa applicants.

[[Page S7083]]

       (10) An analysis of the facilities, personnel, information 
     systems, and other factors affecting the duration of time 
     between the submission of a visa application and the personal 
     interview of the applicant, and the impact of those factors 
     on the quality of the review of the application.
       (11) Specific recommendations as to any additional 
     facilities personnel, information systems, or other 
     requirements that would allow the personal interview, where 
     appropriate, to occur not more than 30 days following the 
     submission of a visa application.

                                 ______
                                 
  SA 1310. 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:

       At the end of title VII, insert the following:

     SEC. ___. GLOBAL HEALTH CARE COOPERATION.

       (a) Qualifications for Certain Immigrants.--Section 502(e) 
     of this Act is amended by striking paragraph (6), and section 
     212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(5)) is amended to read as follows:
       ``(5) Qualifications for certain immigrants.--
       ``(A) Unqualified physicians.--
       ``(i) In general.--An alien who is a graduate of a medical 
     school not accredited by a body or bodies approved for the 
     purpose by the Secretary of Education (regardless of whether 
     such school of medicine is in the United States) and who is 
     coming to the United States principally to perform services 
     as a member of the medical profession is inadmissible, unless 
     the alien--

       ``(I) has passed parts I and II of the National Board of 
     Medical Examiners Examination (or an equivalent examination 
     as determined by the Secretary of Health and Human Services); 
     and
       ``(II) is competent in oral and written English.

       ``(ii) Exception.--An alien who is a graduate of a medical 
     school shall be considered to have passed parts I and II of 
     the National Board of Medical Examiners if the alien was 
     fully and permanently licensed to practice medicine in a 
     State on January 9, 1978, and was practicing medicine in a 
     State on that date.
       ``(B) Uncertified foreign health-care workers.--Subject to 
     subsection (r), any alien who seeks to enter the United 
     States for the purpose of performing labor as a health-care 
     worker, other than a physician, is inadmissible unless the 
     alien presents to the consular officer, or, in the case of an 
     adjustment of status, the Secretary of Homeland Security, a 
     certificate from the Commission on Graduates of Foreign 
     Nursing Schools, or a certificate from an equivalent 
     independent credentialing organization approved by the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Health and Human Services, verifying that--
       ``(i) the alien's education, training, license, and 
     experience--

       ``(I) meet all applicable statutory and regulatory 
     requirements for entry into the United States under the 
     classification specified in the application;
       ``(II) are comparable with that required for an American 
     health-care worker of the same type; and
       ``(III) are authentic and, in the case of a license, 
     unencumbered;

       ``(ii) the alien has the level of competence in oral and 
     written English considered by the Secretary of Health and 
     Human Services, in consultation with the Secretary of 
     Education, to be appropriate for health care work of the kind 
     in which the alien will be engaged, as shown by an 
     appropriate score on one or more nationally recognized, 
     commercially available, standardized assessments of the 
     applicant's ability to speak and write; and
       ``(iii) if a majority of States licensing the profession in 
     which the alien intends to work recognize a test predicting 
     the success on the profession's licensing or certification 
     examination, the alien has passed such a test or has passed 
     such an examination.

     For purposes of clause (ii), determination of the 
     standardized tests required and of the minimum scores that 
     are appropriate are within the sole discretion of the 
     Secretary of Health and Human Services and are not subject to 
     further administrative or judicial review.
       ``(C) Application.--Subparagraphs (A) and (B) shall apply 
     to immigrants seeking admission or adjustment of status under 
     paragraph (1) of section 203(b), including immigrants who 
     receive 1 or more points under a merit-based evaluation 
     system based on employment (including offers of employment 
     and intended employment) or experience as a physician or a 
     health care worker.''.
       (b) Conforming Amendments.--Section 212(r) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(R)) is amended 
     by striking ``subsection (a)(5)(C)'' each place it appears 
     and inserting ``subsection (a)(5)(B)''.
       (c) In General.--Title III of the Immigration and 
     Nationality Act (8 U.S.C. 1401 et seq.) is amended by 
     inserting after section 317 the following:

     ``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTH 
                   CARE IN DEVELOPING COUNTRIES.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act, the Secretary of Homeland Security shall allow an 
     eligible alien and the spouse or child of such alien to 
     reside in a candidate country during the period that the 
     eligible alien is working as a physician or other health care 
     worker in a candidate country. During such period the 
     eligible alien and such spouse or child shall be considered--
       ``(1) to be physically present and residing in the United 
     States for purposes of naturalization under section 316(a); 
     and
       ``(2) to meet the continuous residency requirements under 
     section 316(b).
       ``(b) Definitions.--In this section:
       ``(1) Candidate country.--The term `candidate country' 
     means a country that the Secretary of State determines to 
     be--
       ``(A) eligible for assistance from the International 
     Development Association, in which the per capita income of 
     the country is equal to or less than the historical ceiling 
     of the International Development Association for the 
     applicable fiscal year, as defined by the International Bank 
     for Reconstruction and Development;
       ``(B) classified as a lower middle income country in the 
     then most recent edition of the World Development Report for 
     Reconstruction and Development published by the International 
     Bank for Reconstruction and Development and having an income 
     greater than the historical ceiling for International 
     Development Association eligibility for the applicable fiscal 
     year; or
       ``(C) qualified to be a candidate country due to special 
     circumstances, including natural disasters or public health 
     emergencies.
       ``(2) Eligible alien.--The term `eligible alien' means an 
     alien who--
       ``(A) has been lawfully admitted to the United States for 
     permanent residence; and
       ``(B) is a physician or other healthcare worker.
       ``(c) Consultation.--The Secretary of Homeland Security 
     shall consult with the Secretary of State in carrying out 
     this section.
       ``(d) Publication.--The Secretary of State shall publish--
       ``(1) a list of candidate countries not later than 6 months 
     after the date of the enactment of the Improving America's 
     Security Act of 2007, and annually thereafter; and
       ``(2) an amendment to the list described in paragraph (1) 
     at the time any country qualifies as a candidate country due 
     to special circumstances under subsection (b)(1)(C).''.
       (d) Rulemaking.--
       (1) Requirement.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to carry out the amendments made by this 
     subsection.
       (2) Content.--The regulations promulgated pursuant to 
     paragraph (1) shall--
       (A) permit an eligible alien (as defined in section 317A of 
     the Immigration and Nationality Act, as added by subsection 
     (a)) and the spouse or child of the eligible alien to reside 
     in a foreign country to work as a physician or other 
     healthcare worker as described in subsection (a) of such 
     section 317A for not less than a 12-month period and not more 
     than a 24-month period, and shall permit the Secretary to 
     extend such period for an additional period not to exceed 12 
     months, if the Secretary determines that such country has a 
     continuing need for such a physician or other healthcare 
     worker;
       (B) provide for the issuance of documents by the Secretary 
     to such eligible alien, and such spouse or child, if 
     appropriate, to demonstrate that such eligible alien, and 
     such spouse or child, if appropriate, is authorized to reside 
     in such country under such section 317A; and
       (C) provide for an expedited process through which the 
     Secretary shall review applications for such an eligible 
     alien to reside in a foreign country pursuant to subsection 
     (a) of such section 317A if the Secretary of State determines 
     a country is a candidate country pursuant to subsection 
     (b)(1)(C) of such section 317A.
       (e) Technical and Conforming Amendments.--
       (1) Definition.--Section 101(a)(13)(C)(ii) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(13)(C)(ii)) 
     is amended by adding at the end the following: ``except in 
     the case of an eligible alien, or the spouse or child of such 
     alien, who is authorized to be absent from the United States 
     under section 317A,''.
       (2) Documentary requirements.--Section 211(b) of such Act 
     (8 U.S.C. 1181(b)) is amended by inserting ``, including an 
     eligible alien authorized to reside in a foreign country 
     under section 317A and the spouse or child of such eligible 
     alien, if appropriate,'' after ``101(a)(27)(A),''.
       (3) Ineligible aliens.--Section 212(a)(7)(A)(i)(I) of such 
     Act (8 U.S.C. 1182(a)(7)(A)(i)(I)) is amended by inserting 
     ``other than an eligible alien authorized to reside in a 
     foreign country under section 317A and the spouse or child of 
     such eligible alien, if appropriate,'' after ``Act,''.
       (4) Naturalization.--Section 319(b) of such Act (8 U.S.C. 
     1430(b)) is amended by inserting ``an eligible alien who is 
     residing or has resided in a foreign country under section 
     317A'' before ``and (C)''.
       (5) Clerical amendment.--The table of contents of such Act 
     is amended by inserting after the item relating to section 
     317 the following:

``Sec. 317A. Temporary absence of aliens providing health care in 
              developing countries''.

       (6) Authorization of appropriations.--There are authorized 
     to be appropriated to

[[Page S7084]]

     United States Citizenship and Immigration Services such sums 
     as may be necessary to carry out this subsection and the 
     amendments made by this subsection.
       (f) Attestation by Health Care Workers.--
       (1) Attestation requirement.--Section 212(a)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), as 
     amended by subsection (a), is further amended by adding at 
     the end the following:
       ``(D) Health care workers with other obligations.--
       ``(i) In general.--An alien who seeks to enter the United 
     States for the purpose of performing labor as a physician or 
     other health care worker is inadmissible unless the alien 
     submits to the Secretary of Homeland Security or the 
     Secretary of State, as appropriate, an attestation that the 
     alien is not seeking to enter the United States for such 
     purpose during any period in which the alien has an 
     outstanding obligation to the government of the alien's 
     country of origin or the alien's country of residence.
       ``(ii) Obligation defined.--In this subparagraph, the term 
     `obligation' means an obligation incurred as part of a valid, 
     voluntary individual agreement in which the alien received 
     financial assistance to defray the costs of education or 
     training to qualify as a physician or other health care 
     worker in consideration for a commitment to work as a 
     physician or other health care worker in the alien's country 
     of origin or the alien's country of residence.
       ``(iii) Waiver.--The Secretary of Homeland Security may 
     waive a finding of inadmissibility under clause (i) if the 
     Secretary determines that--

       ``(I) the obligation was incurred by coercion or other 
     improper means;
       ``(II) the alien and the government of the country to which 
     the alien has an outstanding obligation have reached a valid, 
     voluntary agreement, pursuant to which the alien's obligation 
     has been deemed satisfied, or the alien has shown to the 
     satisfaction of the Secretary that the alien has been unable 
     to reach such an agreement because of coercion or other 
     improper means; or
       ``(III) the obligation should not be enforced due to other 
     extraordinary circumstances, including undue hardship that 
     would be suffered by the alien in the absence of a waiver.''.

       (2) Effective date; application.--
       (A) Effective date.--The amendment made by paragraph (1) 
     shall take effect on the date that is 180 days after the date 
     of the enactment of this Act.
       (B) Application by the secretary.--Not later than the 
     effective date described in subparagraph (A), the Secretary 
     shall begin to carry out subparagraph (D) of section 
     212(a)(5) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(5)), including the requirement for the attestation 
     and the granting of a waiver described in clause (iii) of 
     such subparagraph (D), regardless of whether regulations to 
     implement such subparagraph have been promulgated.
                                 ______
                                 
  SA 1311. Mr. COBURN (for himself and Mr. DeMint) 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, strike ``the probationary benefits conferred 
     by section 601(h) of this Act,''.
       At the end of section 1, insert the following:
       (e) Certification of Implementation of Existing Provisions 
     of Law.--
       (1) In general.--In addition to the requirements under 
     subsection (a), at such time as any of the provisions 
     described in paragraph (2) have been satisfied, the Secretary 
     of the department or agency responsible for implementing the 
     requirements shall certify to the President that the 
     provisions of paragraph (2) have been satisfied.
       (2) Existing law.--The following provisions of existing law 
     shall be fully implemented, as previously directed by the 
     Congress, prior to the certification set forth in paragraph 
     (1):
       (A) The Department has achieved and maintained operational 
     control over the entire international land and maritime 
     borders of the United States as required under the Secure 
     Fence Act of 2006 (Public Law 109-367)
       (B) The total miles of fence required under such Act have 
     been constructed.
       (C) All databases maintained by the Department which 
     contain information on aliens shall be fully integrated as 
     required by section 202 of the Enhanced Border Security and 
     Visa Entry Reform Act of 2002 (8 U.S.C. 1722).
       (D) The Department shall have implemented a system to 
     record the departure of every alien departing the United 
     States and of matching records of departure with the records 
     of arrivals in the United States through the US-VISIT program 
     as required by section 110 of the Illegal Immigration Reform 
     and Immigrant Responsibility Act of 1996 (8 U.S.C. 1221 
     note).
       (E) The provision of law that prevents States and 
     localities from adopting ``sanctuary'' policies or that 
     prevents State and local employees from communicating with 
     the Department are fully enforced as required by section 642 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1373).
       (F) The Department employs fully operational equipment at 
     each port of entry and uses such equipment in a manner that 
     allows unique biometric identifiers to be compared and visas, 
     travel documents, passports, and other documents 
     authenticated in accordance with section 303 of the Enhanced 
     Border Security and Visa Entry Reform Act of 2002 (8 U.S.C. 
     1732).
       (G) An alien with a border crossing card is prevented from 
     entering the United States until the biometric identifier on 
     the border crossing card is matched against the alien as 
     required by section 101(a)(6) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(6)).
       (H) Any alien who is likely to become a public charge is 
     denied entry into the United States pursuant to section 
     212(a)(4) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)(4)).
       (f) Presidential Review of Certifications.--
       (1) Presidential review.--
       (A) In general.--Not later than 60 days after the President 
     has received a certification, the President may approve or 
     disapprove the certification. Any Presidential disapproval of 
     a certification shall be made if the President believes that 
     the requirements set forth have not been met.
       (B) Disapproval.--In the event the President disapproves of 
     a certification, the President shall deliver a notice of 
     disapproval to the Secretary of the department or agency 
     which made such certification. Such notice shall contain 
     information that describes the manner in which the 
     immigration enforcement measure was deficient, and the 
     Secretary of the department or agency responsible for 
     implementing said immigration enforcement measure shall 
     continue to work to implement such measure.
       (C) Continuation of implementation.--The Secretary of the 
     department or agency responsible for implementing an 
     immigration enforcement measure shall consider such measure 
     approved, unless the Secretary receives the notice set forth 
     in subparagraph (B). In instances where an immigration 
     enforcement measure is deemed approved, the Secretary shall 
     continue to ensure that the immigration enforcement measure 
     continues to be fully implemented as directed by the 
     Congress.
       (g) Presidential Certification of Immigration 
     Enforcement.--
       (1) In general.--Not later than 90 days after the final 
     certification has been approved by the President, the 
     President shall submit to the Congress a notice of 
     Presidential Certification of Immigration Enforcement.
       (2) Report.--The certification required under paragraph (1) 
     shall be submitted with an accompanying report that details 
     such information as is necessary for the Congress to make an 
     independent determination that each of the immigration 
     enforcement measures has been fully and properly implemented.
       (3) Contents.--The Presidential Certification required 
     under paragraph (1) shall be submitted--
       (A) in the Senate, to the Majority Leader, the Minority 
     Leader, and the chairman and ranking member of the Committee 
     on the Judiciary, the Committee on Homeland Security and 
     Government Affairs; and the Committee on Finance; and
       (B) in the House of Representatives, to the Speaker, the 
     Majority Leader, the Minority Leader, and the chairman and 
     ranking member of the Committee on the Judiciary, the 
     Committee on Homeland Security; and the Committee on Ways and 
     Means.
       (h) Congressional Review of Presidential Certification.--
       (1) In general.--If a Presidential Certification of 
     Immigration Enforcement is made by the President under this 
     section, subtitle A of title IV, title V, and subtitles A 
     through C of title VI of this Act shall not be implemented 
     unless, during the first 90-calendar day period of continuous 
     session of the Congress after the date of the receipt by the 
     Congress of such notice of Presidential Certification of 
     Immigration Enforcement, the Congress passes a Resolution of 
     Presidential Certification of Immigration Enforcement in 
     accordance with this subsection, and such resolution is 
     enacted into law.
       (2) Procedures applicable to the senate.--
       (A) Rulemaking authority.--The provisions under this 
     paragraph are enacted by Congress--
       (i) as an exercise of the rulemaking power of the Senate, 
     and as such they are deemed a part of the rules of the 
     Senate, but applicable only with respect to the procedure to 
     be followed in the Senate in the case of a Resolution of 
     Immigration Enforcement, and such provisions supersede other 
     rules of the Senate only to the extent that they are 
     inconsistent with such other rules; and
       (ii) with full recognition of the constitutional right of 
     the Senate to change the rules (so far as relating to the 
     procedure of the Senate) at any time, in the same manner, and 
     to the same extent as in the case of any other rule of the 
     Senate.
       (B) Introduction; referral.--
       (i) In general.--Not later than the first day on which the 
     Senate is in session following the day on which any notice of 
     Presidential Certification of Immigration Enforcement is 
     received by the Congress, a Resolution of Presidential 
     Certification of Immigration Enforcement shall be introduced 
     (by request) in the Senate by either the Majority Leader or 
     Minority Leader. If such resolution is not introduced as 
     provided in

[[Page S7085]]

     the preceding sentence, any Senator may introduce such 
     resolution on the third day on which the Senate is in session 
     after the date or receipt of the Presidential Certification 
     of Immigration Enforcement.
       (ii) Referral.--Upon introduction, a Resolution of 
     Presidential Certification of Immigration Enforcement shall 
     be referred jointly to each of the committees having 
     jurisdiction over the subject matter referenced in the 
     Presidential Certification of Immigration Enforcement by the 
     President of the Senate. Upon the expiration of 60 days of 
     continuous session after the introduction of the Resolution 
     of Presidential Certification of Immigration Enforcement, 
     each committee to which such resolution was referred shall 
     make its recommendations to the Senate.
       (iii) Discharge.--If any committee to which is referred a 
     resolution introduced under paragraph (2)(A) has not reported 
     such resolution at the end of 60 days of continuous session 
     of the Congress after introduction of such resolution, such 
     committee shall be discharged from further consideration of 
     such resolution, and such resolution shall be placed on the 
     legislative calendar of the Senate.
       (C) Consideration.--
       (i) In general.--When each committee to which a resolution 
     has been referred has reported, or has been discharged from 
     further consideration of, a resolution described in paragraph 
     (2)(C), it shall at any time thereafter be in order (even 
     though a previous motion to the same effect has been 
     disagreed to) for any Member of the Senate to move to proceed 
     to the consideration of such resolution. Such motion shall 
     not be debatable. If a motion to proceed to the consideration 
     of such resolution is agreed to, such resolution shall remain 
     the unfinished business of the Senate until the disposition 
     of such resolution.
       (ii) Debate.--Debate on a resolution, and on all debatable 
     motions and appeals in connection with such resolution, shall 
     be limited to not more than 30 hours, which shall be divided 
     equally between Members favoring and Members opposing such 
     resolution. A motion to further limit debate shall be in 
     order and shall not be debatable. The resolution shall not be 
     subject to amendment, to a motion to postpone, or to a motion 
     to proceed to the consideration of other business. A motion 
     to recommit such resolution shall not be in order.
       (iii) Final vote.--Immediately following the conclusion of 
     the debate on a resolution of approval, and a single quorum 
     call at the conclusion of such debate if requested in 
     accordance with the rules of the Senate, the vote on such 
     resolution shall occur.
       (iv) Appeals.--Appeals from the decisions of the Chair 
     relating to the application of the rules of the Senate to the 
     procedure relating to a resolution of approval shall be 
     limited to 1 hour of debate.
       (D) Receipt of a resolution from the house.--If the Senate 
     receives from the House of Representatives a Resolution of 
     Presidential Certification of Immigration Enforcement, the 
     following procedures shall apply:
       (i) The resolution of the House of Representatives shall 
     not be referred to a committee and shall be placed on the 
     Senate calendar, except that it shall not be in order to 
     consider such resolution on the calendar received by the 
     House of Representatives until such time as the Committee 
     reports such resolution or is discharged from further 
     consideration of a resolution, pursuant to this title.
       (ii) With respect to the disposition by the Senate with 
     respect to such resolution, on any vote on final passage of a 
     resolution of the Senate with respect to such approval, a 
     resolution from the House of Representatives with respect to 
     such measures shall be automatically substituted for the 
     resolution of the Senate.
       (3) Procedures applicable to the house of 
     representatives.--
       (A) Rulemaking authority.--The provisions of this paragraph 
     are enacted by Congress--
       (i) as an exercise of the rulemaking power of the House of 
     Representatives, and as such they are deemed a part of the 
     rules of the House of Representatives, but applicable only 
     with respect to the procedure to be followed in the House of 
     Representatives in the case of Resolutions of Certification 
     Immigration Enforcement, and such provisions supersede other 
     rules of the House of Representatives only to the extent that 
     they are inconsistent with such other rules; and
       (ii) with full recognition of the constitutional right of 
     the House of Representatives to change the rules (so far as 
     relating to the procedure of the House of Representatives) at 
     any time, in the same manner, and to the same extent as in 
     the case of any other rule of the House of Representatives.
       (B) Introduction; referral.--Resolutions of certification 
     shall upon introduction, be immediately referred by the 
     Speaker of the House of Representatives to the appropriate 
     committee or committees of the House of Representatives. Any 
     such resolution received from the Senate shall be held at the 
     Speaker's table.
       (C) Discharge.--Upon the expiration of 60 days of 
     continuous session after the introduction of the first 
     resolution of certification with respect to any measure, each 
     committee to which such resolution was referred shall be 
     discharged from further consideration of such resolution, and 
     such resolution shall be referred to the appropriate 
     calendar, unless such resolution or an identical resolution 
     was previously reported by each committee to which it was 
     referred.
       (D) Consideration.--It shall be in order for the Speaker to 
     recognize a Member favoring a resolution to call up a 
     resolution of certification after it has been on the 
     appropriate calendar for 5 legislative days. When any such 
     resolution is called up, the House of Representatives shall 
     proceed to its immediate consideration and the Speaker shall 
     recognize the Member calling up such resolution and a Member 
     opposed to such resolution for 10 hours of debate in the 
     House of Representatives, to be equally divided and 
     controlled by such Members. When such time has expired, the 
     previous question shall be considered as ordered on the 
     resolution to adoption without intervening motion. No 
     amendment to any such resolution shall be in order, nor shall 
     it be in order to move to reconsider the vote by which such 
     resolution is agreed to or disagreed to.
       (E) Receipt of resolution from senate.--If the House of 
     Representatives receives from the Senate a Resolution of 
     Certification Immigration Enforcement, the following 
     procedures shall apply:
       (i) Such resolution shall not be referred to a committee.
       (ii) With respect to the disposition of the House of 
     Representatives with respect to such resolution--

       (I) the procedure with respect to that or other resolutions 
     of the House of Representatives shall be the same as if no 
     resolution from the Senate with respect to such resolution 
     had been received; but
       (II) on any vote on final passage of a resolution of the 
     House of Representatives with respect to such measures, a 
     resolution from the Senate with respect to such resolution if 
     the text is identical shall be automatically substituted for 
     the resolution of the House of Representatives.

       (i) Definitions.--In this section:
       (1) Presidential certification of immigration 
     enforcement.--The term ``Presidential Certification of 
     Immigration Enforcement'' means the certification required 
     under this section, which is signed by the President, and 
     reads as follows:

      ``Pursuant to the provisions set forth in section 1 of the 
     Secure Borders, Economic Opportunity, and Immigration Reform 
     Act of 2007 (the `Act'), I do hereby transmit the 
     Certification of Immigration Enforcement, certify that the 
     borders of the United States are substantially secure, and 
     certify that the following provisions of the Act have been 
     fully satisfied, the measures set forth below are fully 
     implemented, and the border security measures set forth in 
     this section are fully operational.''.
       (2) Certification.--The term ``certification'' means any of 
     the certifications required under subsection (a).
       (3) Immigration enforcement measure.--The term 
     ``immigration enforcement measure'' means any of the measures 
     required to be certified pursuant to subsection (a).
       (4) Resolution of presidential certification of immigration 
     enforcement.--The term ``Resolution of Presidential 
     Certification of Immigration Enforcement'' means a joint 
     resolution of the Congress, the matter after the resolving 
     clause of which is as follows:

       ``That Congress approves the certification of the President 
     of the United States submitted to Congress on ____ that the 
     national borders of the United States have been secured and, 
     in accordance with the provisions of the Secure Borders, 
     Economic Opportunity, and Immigration Reform Act of 2007.'',
                                 ______
                                 
  SA 1312. Mr. BIDEN (for himself and Mr. Lugar) 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. __. RETURN OF TALENT PROGRAM.

       (a) Short Title.--This section may be cited as the ``Return 
     of Talent Act''.
       (b) Return of Talent Program.--
       (1) In general.--Title III (8 U.S.C. 1401 et seq.) is 
     amended by inserting after section 317 the following:

     ``SEC. 317A. TEMPORARY ABSENCE OF PERSONS PARTICIPATING IN 
                   THE RETURN OF TALENT PROGRAM.

       ``(a) In General.--The Secretary of Homeland Security, in 
     consultation with the Secretary of State, shall establish the 
     Return of Talent Program to permit eligible aliens to 
     temporarily return to the alien's country of citizenship in 
     order to make a material contribution to that country if the 
     country is engaged in post-conflict or natural disaster 
     reconstruction activities, for a period not exceeding 24 
     months, unless an exception is granted under subsection (d).
       ``(b) Eligible Alien.--An alien is eligible to participate 
     in the Return of Talent Program established under subsection 
     (a) if the alien meets the special immigrant description 
     under section 101(a)(27)(N).
       ``(c) Family Members.--The spouse, parents, siblings, and 
     any minor children of an alien who participates in the Return 
     of Talent Program established under subsection (a) may return 
     to such alien's country of citizenship with the alien and 
     reenter the United States with the alien.

[[Page S7086]]

       ``(d) Extension of Time.--The Secretary of Homeland 
     Security may extend the 24-month period referred to in 
     subsection (a) upon a showing that circumstances warrant that 
     an extension is necessary for post-conflict or natural 
     disaster reconstruction efforts.
       ``(e) Residency Requirements.--An immigrant described in 
     section 101(a)(27)(N) who participates in the Return of 
     Talent Program established under subsection (a), and the 
     spouse, parents, siblings, and any minor children who 
     accompany such immigrant to that immigrant's country of 
     citizenship, shall be considered, during such period of 
     participation in the program--
       ``(1) for purposes of section 316(a), physically present 
     and residing in the United States for purposes of 
     naturalization within the meaning of that section; and
       ``(2) for purposes of section 316(b), to meet the 
     continuous residency requirements in that section.
       ``(f) Oversight and Enforcement.--The Secretary of Homeland 
     Security, in consultation with the Secretary of State, shall 
     oversee and enforce the requirements of this section.''.
       (2) Table of contents.--The table of contents (8 U.S.C. 
     1101 et seq.) is amended by inserting after the item relating 
     to section 317 the following:

``317A. Temporary absence of persons participating in the Return of 
              Talent Program''.
       (c) Eligible Immigrants.--Section 101(a)(27) (8 U.S.C. 
     1101(a)(27)) is amended--
       (1) in subparagraph (L), by inserting a semicolon after 
     ``Improvement Act of 1998'';
       (2) in subparagraph (M), by striking the period at the end 
     and inserting ``; or''; and
       (3) by adding at the end the following:
       ``(N) an immigrant who--
       ``(i) has been lawfully admitted to the United States for 
     permanent residence;
       ``(ii) demonstrates an ability and willingness to make a 
     material contribution to the post-conflict or natural 
     disaster reconstruction in the alien's country of 
     citizenship; and
       ``(iii) as determined by the Secretary of State in 
     consultation with the Secretary of Homeland Security--
       ``(I) is a citizen of a country in which Armed Forces of 
     the United States are engaged, or have engaged in the 10 
     years preceding such determination, in combat or peacekeeping 
     operations;
       ``(II) is a citizen of a country where authorization for 
     United Nations peacekeeping operations was initiated by the 
     United Nations Security Council during the 10 years preceding 
     such determination; or
       ``(III) is a citizen of a country which received, during 
     the preceding 2 years, funding from the Office of Foreign 
     Disaster Assistance of the United States Agency for 
     International Development in response to a declared disaster 
     in such country by the United States Ambassador, the Chief of 
     the U.S. Mission, or the appropriate Assistant Secretary of 
     State, that is beyond the ability of such country's response 
     capacity and warrants a response by the United States 
     Government.''.
       (d) Report to Congress.--Not later than 2 years after the 
     date of the enactment of this Act, the Secretary, in 
     consultation with the Secretary of State, shall submit a 
     report to Congress that describes--
       (1) the countries of citizenship of the participants in the 
     Return of Talent Program established under section 317A of 
     the Immigration and Nationality Act, as added by subsection 
     (b);
       (2) the post-conflict or natural disaster reconstruction 
     efforts that benefitted, or were made possible, through 
     participation in the program; and
       (3) any other information that the Secretary determines to 
     be appropriate.
       (e) Rulemaking.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to carry out this section and the amendments made 
     by this section.
       (f) Authorization of Appropriations.--There are authorized 
     to be appropriated to United States Citizenship and 
     Immigration Services for fiscal year 2008, such sums as may 
     be necessary to carry out this section and the amendments 
     made by this section.
                                 ______
                                 
  SA 1313. Mr. WEBB 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 282, strike line 11 and all that follows through 
     page 283, line 8 and insert the following:
       (b) Establishment of Z Nonimmigrant Category.--
       (1) In general.--Section 101(a)(15) (8 U.S.C. 1101(a)(15)), 
     as amended by section 401(a), is further amended by adding at 
     the end the following:
       ``(Z) subject to title VI of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007, an alien 
     who--
       ``(i)(I) has maintained a continuous physical presence in 
     the United States since the date that is 4 years before the 
     date of the enactment of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007;
       ``(II) is employed, and seeks to continue performing labor, 
     services, or education; and
       ``(III) the Secretary of Homeland Security determines has 
     sufficient ties to a community in the United States, based 
     on--

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

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

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

       ``(III) is under 18 years of age at the time of application 
     for nonimmigrant status under this subparagraph and was born 
     to, or legally adopted by, a parent described in clause 
     (i).''.
       (2) Rulemaking.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations, in accordance with the procedures set forth in 
     sections 555, 556, and 557 of title 5, United States Code, 
     which establish the precise system that the Secretary will 
     use to make a determination under section 101(a)(15)(Z)(ii) 
     of the Immigration and Nationality Act, as added by paragraph 
     (1).
       On page 286, line 36, strike ``before January 1, 2007,'' 
     and insert ``on the date that is 4 years before the date of 
     the enactment of this Act''.
       On page 286, line 43, strike ``be on January 1, 2007,'' and 
     insert ``have been, on the date that is 4 years before the 
     date of the enactment of this Act''.

       On page 290, line 14, insert ``sufficient evidence that the 
     alien resided in the United States for not less than 4 years 
     before the date of the enactment of this Act and'' after 
     ``submission of''.
       On page 304, strike lines 2 through 20 and insert the 
     following:
       (ii) Application.--A Z-1 nonimmigrant's application for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence may be filed in person with a United 
     States consulate outside the United States or with United 
     States Citizenship and Immigration Services at any location 
     in the United States designated by the Secretary.
                                 ______
                                 
  SA 1314. Mr. GRAHAM (for himself, Mr. McCain, Mr. Isakson, and Mr. 
Chambliss) 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 290, line 34, strike ``and''.
       On page 290, line 40, strike the period and insert ``; 
     and''.
       On page 290, line 41, insert the following:
       (E) shall be eligible to serve as a member of the Armed 
     Forces of the United States.
                                 ______
                                 
  SA 1315. Ms. CANTWELL (for herself, Mr. Cornyn, Mr. Leahy, Mr. Hatch, 
Mr. Bennett, Mr. Schumer, Mr. Warner, Mr. Sununu, Mr. Ensign, Mr. 
Gregg, and Mr. Crapo) 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 265, strike lines 17 through 25, and insert the 
     following:
       ``(G) Notwithstanding any other provision of this 
     paragraph, the requirements of this paragraph shall apply 
     only to merit-based, self-sponsored immigrants and not to 
     merit-based, employer-sponsored immigrants described in 
     paragraph (5).
       ``(H) Notwithstanding any other provision of this 
     paragraph, any reference in this paragraph to a worldwide 
     level of visas refers to the worldwide level specified in 
     section 201(d)(1).'';
       (2) by redesignating paragraphs (4) through (6) as 
     paragraphs (2) through (4), respectively;
       (3) in paragraph (2), as redesignated by paragraph (3)--
       (A) by striking ``7.1 percent of such worldwide level'' and 
     inserting ``4,200 of the worldwide level specified in section 
     201(d)(1)''; and
       (B) by striking ``5,000'' and inserting ``2,500'';

[[Page S7087]]

       (4) in paragraph (3), as redesignated by paragraph (3)--
       (A) in subparagraph (A), by striking ``7.1 percent of such 
     worldwide level'' and inserting ``2,800 of the worldwide 
     level specified in section 201(d)(1)''; and
       (B) in subparagraph (B)(i), by striking ``3,000'' and 
     inserting ``1,500''; and
       (5) by adding at the end the following
       ``(5) Merit-based employer-sponsored immigrants.--
       ``(A) Priority workers.--Visas shall first be made 
     available in a number not to exceed 33.3 percent of the 
     worldwide level specified in section 201(d)(5), to qualified 
     immigrants who are aliens described in any of clauses (i) 
     through (iii):
       ``(i) Aliens with extraordinary ability.--An alien is 
     described in this clause if--

       ``(I) the alien has extraordinary ability in the sciences, 
     arts, education, business, or athletics which has been 
     demonstrated by sustained national or international acclaim 
     and whose achievements have been recognized in the field 
     through extensive documentation;
       ``(II) the alien seeks to enter the United States to 
     continue work in the area of extraordinary ability; and
       ``(III) the alien's entry into the United States will 
     substantially benefit prospectively the United States.

       ``(ii) Outstanding professors and researchers.--An alien is 
     described in this clause if--

       ``(I) the alien is recognized internationally as 
     outstanding in a specific academic area;
       ``(II) the alien has at least 3 years of experience in 
     teaching or research in the academic area; and
       ``(III) the alien seeks to enter the United States--

       ``(aa) for a tenured position (or tenure-track position) 
     within an institution of higher education (as such term is 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)) to teach in the academic area;
       ``(bb) for a comparable position with an institution of 
     higher education to conduct research in the area, or
       ``(cc) for a comparable position to conduct research in the 
     area with a department, division, or institute of a private 
     employer, if the department, division, or institute employs 
     at least 3 individuals full-time in research activities and 
     has achieved documented accomplishments in an academic field.
       ``(iii) Certain multinational executives and managers.--An 
     alien is described in this clause if the alien, in the 3 
     years preceding the time of the alien's application for 
     classification and admission into the United States under 
     this paragraph, has been employed for at least 1 year by a 
     firm or corporation or other legal entity or an affiliate or 
     subsidiary thereof and the alien seeks to enter the United 
     States in order to continue to render services to the same 
     employer or to a subsidiary or affiliate thereof in a 
     capacity that is managerial or executive.
       ``(B) Aliens who are members of the professions holding 
     advanced degrees or aliens of exceptional ability.--
       ``(i) In general.--Visas shall be made available, in a 
     number not to exceed 33.3 percent of the worldwide level 
     specified in section 201(d)(5), plus any visas not required 
     for the classes specified in subparagraph (A), to qualified 
     immigrants who are members of the professions holding 
     advanced degrees or their equivalent or who because of their 
     exceptional ability in the sciences, arts, or business, will 
     substantially benefit prospectively the national economy, 
     cultural or educational interests, or welfare of the United 
     States, and whose services in the sciences, arts, 
     professions, or business are sought by an employer in the 
     United States.
       ``(ii) Determination of exceptional ability.--In 
     determining under clause (i) whether an immigrant has 
     exceptional ability, the possession of a degree, diploma, 
     certificate, or similar award from a college, university, 
     school, or other institution of learning or a license to 
     practice or certification for a particular profession or 
     occupation shall not by itself be considered sufficient 
     evidence of such exceptional ability.
       ``(C) Professionals.--
       ``(i) Visas shall be made available, in a number not to 
     exceed 33.3 percent of the worldwide level specified in 
     section 201(d)(5), plus any visas not required for the 
     classes specified in subparagraphs (A) and (B), to qualified 
     immigrants who hold baccalaureate degrees and who are members 
     of the professions and who are not described in subparagraph 
     (B).
       ``(D) Labor certification required.--An immigrant visa may 
     not be issued to an immigrant under subparagraph (B) or (C) 
     until there has been a determination made by the Secretary of 
     Labor that--
       ``(i) there are not sufficient workers who are able, 
     willing, qualified and available at the time such 
     determination is made and at the place where the alien, or a 
     substitute is to perform such skilled or unskilled labor; and
       ``(ii) the employment of such alien will not adversely 
     affect the wages and working conditions of workers in the 
     United States similarly employed.
     An employer may not substitute another qualified alien for 
     the beneficiary of such determination unless an application 
     to do so is made to and approved by the Secretary of Homeland 
     Security.''.
       (c) Worldwide Level of Merit-Based Employer-Sponsored 
     Immigrants.--Section 201(d) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(d)), as amended by section 
     501(b), is further amended by adding at the end the 
     following:
       ``(5) Worldwide level for merit-based employer-sponsored 
     immigrants.--
       ``(A) In general.--The worldwide level of merit-based 
     employer-sponsored immigrants under this paragraph for a 
     fiscal year is equal to--
       ``(i) 140,000, plus
       ``(ii) the number computed under subparagraph (B).
       ``(B) Additional number.--
       ``(i) Fiscal year 2007.--The number computed under this 
     subparagraph for fiscal year 2007 is zero.
       ``(ii) Fiscal year 2008.--The number computed under this 
     subparagraph for fiscal year 2008 is the difference (if any) 
     between the worldwide level established under subparagraph 
     (A) for the previous fiscal year and the number of visas 
     issued under section 203(b)(2) during that fiscal year.''.
       On page 262, between lines 9 and 10, insert the following:
       (c) Providing Exemptions From Merit-Based Levels for Very 
     Highly Skilled Immigrants.--Section 201(b)(1) of the 
     Immigration and Nationality Act (as amended by section 
     503(a)) (8 U.S.C. 1151(b)(1)) is further amended by inserting 
     after subparagraph (G) the following:
       ``(H) Aliens who have earned a master's or higher degree 
     from a United States institution of higher education, as such 
     term is defined in section 101(a) of the Higher Education Act 
     of 1965 (20 U.S.C. 1001(a)).
       ``(I) Aliens who have earned a master's degree or higher 
     degree in science, technology, engineering, or mathematics 
     and have been working in a related field in the United States 
     in a nonimmigrant status during the 3-year period preceding 
     their application for an immigrant visa under section 203(b).
       ``(J) Aliens who--
       ``(i) have extraordinary ability in the sciences, arts, 
     education, business, or athletics which has been demonstrated 
     by sustained national or international acclaim and whose 
     achievements have been recognized in the field through 
     extensive documentation; and
       ``(ii) seek to enter the United States to continue work in 
     the area of extraordinary ability.
       ``(K) Aliens who--
       ``(i) are recognized internationally as outstanding in a 
     specific academic area;
       ``(ii) have at least 3 years of experience in teaching or 
     research in the academic area; and
       ``(iii) who seek to enter the United States for--

       ``(I) a tenured position (or tenure-track position) within 
     an institution of higher education to teach in the academic 
     area;
       ``(II) a comparable position with an institution of higher 
     education to conduct research in the area; or
       ``(III) a comparable position to conduct research in the 
     area with a department, division, or institute of a private 
     employer, if the department, division, or institute employs 
     at least 3 persons full-time in research activities and has 
     achieved documented accomplishments in an academic field.

       ``(L) Aliens who--
       ``(i) in the 3-year period preceding their application for 
     an immigrant visa under section 203(b), have been employed 
     for at least 1 year by a firm or corporation or other legal 
     entity or an affiliate or subsidiary thereof; and
       ``(ii) who seek to enter the United States in order to 
     continue to render services to the same employer or to a 
     subsidiary or affiliate thereof in a capacity that is 
     managerial or executive.
       ``(M) The immediate relatives of an alien who is admitted 
     as a merit-based employer-sponsored immigrant under 
     subsection 203(b)(5).''.
       On page 238, strike lines 13 through 24.

       On page 239, strike lines 23 through 38 and insert the 
     following:
       (b) Ensuring Access to Skilled Workers in Specialty 
     Occupations.--
       (1) In general.--Paragraph (6) of section 214(g) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)), as 
     redesignated by section 409, is amended--
       (A) in subparagraph (B), by striking ``or'' after the 
     semicolon;
       (B) in subparagraph (C), by striking ``, until the number 
     of aliens who are exempted from such numerical limitation 
     during such year exceeds 20,000.'' and inserting ``; or''; 
     and
       (C) by adding at the end the following:
       ``(D) has earned a master's or higher degree in science, 
     technology, engineering, or mathematics from an institution 
     of higher education outside of the United States.''.
       (2) Applicability.--The amendments made by paragraph (1) 
     shall apply to any petition or visa application pending on 
     the date of enactment of this Act and any petition or visa 
     application filed on or after such date.
                                 ______
                                 
  SA 1316. Mr. DORGAN (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:

       At the end of section 401, add the following:

[[Page S7088]]

       (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) on 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, under the H-2A visa program, or 
     any visa program other than the Y-1 visa program.
                                 ______
                                 
  SA 1317. Mr. MENENDEZ (for himself, Mr. Obama, and Mr. Feingold) 
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 the table between page 262, line 36 and page 264, line 
     1, strike all the matter relating to ``Extended family'' and 
     insert the following:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
Extended family            Adult (21 or older) son or daughter of     15
                            a United States citizen - 10 points
                           Adult (21 or older) son or daughter of
                            a legal permanent resident - 10 pts
                           Sibling of a United States citizen or
                            legal permanent resident - 10 pts
                           If an alien had applied for a family
                            visa in any of the above categories
                            after May 1, 2005 - 5 pts
ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½ï¿½
Total                                                                105
------------------------------------------------------------------------

                                 ______
                                 
  SA 1318. Mr. CHAMBLISS (for himself, Mr. Ensign, and Mr. Coleman) 
submitted an amendment intended to be proposed by him to the bill S. 
1348, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. TRANSMITTAL AND APPROVAL OF TOTALIZATION 
                   AGREEMENTS.

       (a) In General.--Section 233(e) of the Social Security Act 
     (42 U.S.C. 433(e)) is amended to read as follows:
       ``(e)(1) Any agreement to establish a totalization 
     arrangement which is entered into with another country under 
     this section shall enter into force with respect to the 
     United States if (and only if)--
       ``(A) the President, at least 90 calendar days before the 
     date on which the President enters into the agreement, 
     notifies each House of Congress of the President's intention 
     to enter into the agreement, and promptly thereafter 
     publishes notice of such intention in the Federal Register,
       ``(B) the President transmits the text of such agreement to 
     each House of Congress as provided in paragraph (2), and
       ``(C) an approval resolution regarding such agreement has 
     passed both Houses of Congress and has been enacted into law.
       ``(2)(A) Whenever an agreement referred to in paragraph (1) 
     is entered into, the President shall transmit to each House 
     of Congress a document setting forth the final legal text of 
     such agreement and including a report by the President in 
     support of such agreement. The President's report shall 
     include the following:
       ``(i) An estimate by the Chief Actuary of the Social 
     Security Administration of the effect of the agreement, in 
     the short term and in the long term, on the receipts and 
     disbursements under the social security system established by 
     this title.
       ``(ii) A statement of any administrative action proposed to 
     implement the agreement and how such action will change or 
     affect existing law.
       ``(iii) A statement describing whether and how the 
     agreement changes provisions of an agreement previously 
     negotiated.
       ``(iv) A statement describing how and to what extent the 
     agreement makes progress in achieving the purposes, policies, 
     and objectives of this title.
       ``(v) An estimate by the Chief Actuary of the Social 
     Security Administration, working in consultation with the 
     Comptroller General of the United States, of the number of 
     individuals who may become eligible for any benefits under 
     this title or who may otherwise be affected by the agreement.
       ``(vi) An assessment of the integrity of the retirement 
     data and records (including birth, death, and marriage 
     records) of the other country that is the subject of the 
     agreement.
       ``(vii) An assessment of the ability of such country to 
     track and monitor recipients of benefits under such 
     agreement.
       ``(B) If any separate agreement or other understanding with 
     another country (whether oral or in writing) relating to an 
     agreement to establish a totalization arrangement under this 
     section is not disclosed to Congress in the transmittal to 
     Congress under this paragraph of the agreement to establish a 
     totalization arrangement, then such separate agreement or 
     understanding shall not be considered to be part of the 
     agreement approved by Congress under this section and shall 
     have no force and effect under United States law.
       ``(3) For purposes of this subsection, the term `approval 
     resolution' means a joint resolution, the matter after the 
     resolving clause of which is as follows: `That the proposed 
     agreement entered into pursuant to section 233 of the Social 
     Security Act between the United States and _______ 
     establishing totalization arrangements between the social 
     security system established by title II of such Act and the 
     social security system of _______, transmitted to Congress by 
     the President on ______, is hereby approved.', the first two 
     blanks therein being filled with the name of the country with 
     which the United States entered into the agreement, and the 
     third blank therein being filled with the date of the 
     transmittal of the agreement to Congress.
       ``(4) Whenever a document setting forth an agreement 
     entered into under this section and the President's report in 
     support of the agreement is transmitted to Congress pursuant 
     to paragraph (2), copies of such document shall be delivered 
     to both Houses of Congress on the same day and shall be 
     delivered to the Clerk of the House of Representatives if the 
     House is not in session and to the Secretary of the Senate if 
     the Senate is not in session.
       ``(5) On the day on which a document setting forth the 
     agreement is transmitted to the House of Representatives and 
     the Senate pursuant to paragraph (1), an approval resolution 
     with respect to such agreement shall be introduced (by 
     request) in the House by the majority leader of the House, 
     for himself or herself and the minority leader of the House, 
     or by Members of the House designated by the majority leader 
     and minority leader of the House; and shall be introduced (by 
     request) in the Senate by the majority leader of the Senate, 
     for himself or herself and the minority leader of the Senate, 
     or by Members of the Senate designated by the majority leader 
     and minority leader of the Senate. If either House is not in 
     session on the day on which such an agreement is transmitted, 
     the approval resolution with respect to such agreement shall 
     be introduced in that House, as provided in the preceding 
     sentence, on the first day thereafter on which that House is 
     in session. The resolution introduced in the House of 
     Representatives shall be referred to the Committee on Ways 
     and Means and the resolution introduced in the Senate shall 
     be referred to the Committee on Finance.''.
       (b) Additional Reports and Evaluations.--Section 233 of the 
     Social Security Act (42 U.S.C. 433) is amended by adding at 
     the end the following new subsections:
       ``(f) Biennial SSA Report on Impact of Totalization 
     Agreements.--
       ``(1) Report.--For any totalization agreement transmitted 
     to Congress on or after January 1, 2007, the Commissioner of 
     Social Security shall submit a report to Congress and the 
     Comptroller General that--
       ``(A) compares the estimates contained in the report 
     submitted to Congress under clauses (i) and (v) of subsection 
     (e)(2)(A) with respect to that agreement with the actual 
     number of individuals affected by the agreement and the 
     actual effect of the agreement on social security system 
     receipts and disbursements; and
       ``(B) contains recommendations for adjusting the methods 
     used to make the estimates.
       ``(2) Dates for submission.--The report required under this 
     subsection shall be provided not later than 2 years after the 
     effective date of the totalization agreement that is the 
     subject of the report and biennially thereafter.
       ``(g) GAO Evaluation and Report.--
       ``(1) Evaluation of initial report on impact of 
     totalization agreements.--With respect to each initial report 
     regarding a totalization agreement submitted under subsection 
     (f), the Comptroller General of the United States shall 
     conduct an evaluation of the report that includes--
       ``(A) an evaluation of the procedures used for making the 
     estimates required by subsection (e)(2)(A);
       ``(B) an evaluation of the procedures used for determining 
     the actual number of individuals affected by the agreement 
     and the effects of the totalization agreement on receipts and 
     disbursements under the social security system; and
       ``(C) such recommendations as the Comptroller General 
     determines appropriate.
       ``(2) Report.--Not later than 1 year after the date of 
     submission of an initial report regarding a totalization 
     agreement under subsection (f), the Comptroller General shall 
     submit to Congress a report setting forth the results of the 
     evaluation conducted under paragraph (1).
       ``(3) Data collection.--The Commissioner of Social Security 
     shall collect and maintain the data necessary for the 
     Comptroller General of the United States to conduct the 
     evaluation required by paragraph (1).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to agreements establishing 
     totalization arrangements entered into under section 233 of 
     the Social Security Act which are transmitted to Congress on 
     or after January 1, 2007.
                                 ______
                                 
  SA 1319. Mr. CHAMBLISS 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 214A of the Immigration and Nationality Act, as 
     added by section 622(b),

[[Page S7089]]

     strike subsection (g) and all that follows through 
     subparagraph (D) of subsection (j)(1), and insert the 
     following:
       ``(g) Fine.--An alien granted a Z-A visa shall pay a fine 
     of $1,000 to the Secretary.
       ``(h) Treatment of Aliens Granted a Z-A Visa.--
       ``(1) In general.--Except as otherwise provided under this 
     subsection, an alien granted a Z-A visa or a Z-A dependent 
     visa shall be considered to be an alien lawfully admitted for 
     permanent residence for purposes of any law other than any 
     provision of this Act.
       ``(2) Delayed eligibility for certain federal public 
     benefits.--An alien granted a Z-A visa shall not be eligible, 
     by reason of such status, for any form of assistance or 
     benefit described in section 403(a) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1613(a)) until 5 years after the date on which 
     the alien is granted an adjustment of status under subsection 
     (d).
       ``(3) Terms of employment.--
       ``(A) Prohibition.--No alien granted a Z-A visa may be 
     terminated from employment by any employer during the period 
     of a Z-A visa except for just cause.
       ``(B) Treatment of complaints.--
       ``(i) Establishment of process.-- The Secretary shall 
     establish a process for the receipt, initial review, and 
     disposition of complaints by aliens granted a Z-A visa who 
     allege that they have been terminated without just cause. No 
     proceeding shall be conducted under this subparagraph with 
     respect to a termination unless the Secretary determines that 
     the complaint was filed not later than 6 months after the 
     date of the termination.
       ``(ii) Initiation of arbitration.--If the Secretary finds 
     that an alien has filed a complaint in accordance with clause 
     (i) and there is reasonable cause to believe that the alien 
     was terminated from employment without just cause, the 
     Secretary shall initiate binding arbitration proceedings by 
     requesting the Federal Mediation and Conciliation Service to 
     appoint a mutually agreeable arbitrator from the roster of 
     arbitrators maintained by such Service for the geographical 
     area in which the employer is located. The procedures and 
     rules of such Service shall be applicable to the selection of 
     such arbitrator and to such arbitration proceedings. The 
     Secretary shall pay the fee and expenses of the arbitrator, 
     subject to the availability of appropriations for such 
     purpose.
       ``(iii) Arbitration proceedings.-- The arbitrator shall 
     conduct the proceeding under this subparagraph in accordance 
     with the policies and procedures promulgated by the American 
     Arbitration Association applicable to private arbitration of 
     employment disputes. The arbitrator shall make findings 
     respecting whether the termination was for just cause. The 
     arbitrator may not find that the termination was for just 
     cause unless the employer so demonstrates by a preponderance 
     of the evidence. If the arbitrator finds that the termination 
     was not for just cause, the arbitrator shall make a specific 
     finding of the number of days or hours of work lost by the 
     employee as a result of the termination. The arbitrator shall 
     have no authority to order any other remedy, including 
     reinstatement, back pay, or front pay to the affected 
     employee. Not later than 30 days after the date of the 
     conclusion of the arbitration proceeding, the arbitrator 
     shall transmit the findings in the form of a written opinion 
     to the parties to the arbitration and the Secretary. Such 
     findings shall be final and conclusive, and no official or 
     court of the United States shall have the power or 
     jurisdiction to review any such findings.
       ``(iv) Effect of arbitration findings.--If the Secretary 
     receives a finding of an arbitrator that an employer has 
     terminated the employment of an alien who is granted a Z-A 
     visa without just cause, the Secretary shall credit the alien 
     for the number of days of work not performed during such 
     period of termination for the purpose of determining if the 
     alien meets the qualifying employment requirement of 
     subsection (f)(2).
       ``(v) Treatment of attorney's fees.--Each party to an 
     arbitration under this subparagraph shall bear the cost of 
     their own attorney's fees for the arbitration.
       ``(vi) Nonexclusive remedy.--The complaint process provided 
     for in this subparagraph is in addition to any other rights 
     an employee may have in accordance with applicable law.
       ``(vii) Effect on other actions or proceedings.--Any 
     finding of fact or law, judgment, conclusion, or final order 
     made by an arbitrator in the proceeding before the Secretary 
     shall not be conclusive or binding in any separate or 
     subsequent action or proceeding between the employee and the 
     employee's current or prior employer brought before an 
     arbitrator, administrative agency, court, or judge of any 
     State or the United States, regardless of whether the prior 
     action was between the same or related parties or involved 
     the same facts, except that the arbitrator's specific finding 
     of the number of days or hours of work lost by the employee 
     as a result of the employment termination may be referred to 
     the Secretary pursuant to clause (iv).
       ``(4) Record of employment.--
       ``(A) In general.--Each employer of an alien who is granted 
     a Z-A visa shall annually--
       ``(i) provide a written record of employment to the alien; 
     and
       ``(ii) provide a copy of such record to the Secretary.
       ``(B) Civil penalties.--
       ``(i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted a Z-A visa has failed to provide the record of 
     employment required under subparagraph (A) or has provided a 
     false statement of material fact in such a record, the 
     employer shall be subject to a civil money penalty in an 
     amount not to exceed $1,000 per violation.
       ``(ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this subsection.
       ``(i) Termination of a Grant of Z-A Visa.--
       ``(1) In general.--The Secretary may terminate a Z-A visa 
     or a Z-A dependent visa granted to an alien only if the 
     Secretary determines that the alien is deportable.
       ``(2) Grounds for termination.--Prior to the date that an 
     alien granted a Z-A visa or a Z-A dependent visa becomes 
     eligible for adjustment of status described in subsection 
     (j), the Secretary may deny adjustment to permanent resident 
     status and provide for termination of the alien's Z-A visa or 
     Z-A dependent visa if--
       ``(A) the Secretary finds, by a preponderance of the 
     evidence, that the grant of a Z-A visa was the result of 
     fraud or willful misrepresentation (as described in section 
     212(a)(6)(C)(i)); or
       ``(B) the alien--
       ``(i) commits an act that makes the alien inadmissible to 
     the United States as an immigrant, except as provided under 
     subsection (c)(4);
       ``(ii) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States;
       ``(iii) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500; or
       ``(iv) in the case of an alien granted a Z-A visa, fails to 
     perform the agricultural employment described in subsection 
     (j)(1)(A) unless the alien was unable to work in agricultural 
     employment due to the extraordinary circumstances described 
     in subsection (j)(1)(A)(iii).
       ``(3) Reporting requirement.--The Secretary shall 
     promulgate regulations to ensure that the alien granted a Z-A 
     visa complies with the qualifying agricultural employment 
     described in subsection (j)(1)(A) at the end of the 5-year 
     work period, which may include submission of an application 
     pursuant to this subsection.
       ``(j) Adjustment to Permanent Residence.--
       ``(1) Z-A visa.--Except as provided in this subsection, the 
     Secretary shall award the maximum number of points available 
     pursuant to section 203(b)(1) and adjust the status of an 
     alien granted a Z-A visa to that of an alien lawfully 
     admitted for permanent residence under this Act, if the 
     Secretary determines that the following requirements are 
     satisfied:
       ``(A) Qualifying employment.--
       ``(i) In general.--Subject to clauses (ii) and (iii), the 
     alien has performed at least--
       ``(I) 5 years of agricultural employment in the United 
     States for at least 100 work days per year, during the 5-year 
     period beginning on the date of the enactment of the AgJOBS 
     Act of 2007; or
       ``(II) 3 years of agricultural employment in the United 
     States for at least 150 work days per year, during the 3-year 
     period beginning on such date of the enactment.
       ``(ii) Four-year period of employment.--An alien shall be 
     considered to meet the requirements of clause (i) if the 
     alien has performed 4 years of agricultural employment in the 
     United States for at least 150 workdays during 3 years of 
     those 4 years and at least 100 workdays during the remaining 
     year, during the 4-year period beginning on such date of the 
     enactment.
       ``(iii) Extraordinary circumstances.--In determining 
     whether an alien has met the requirement of clause (i), the 
     Secretary may credit the alien with not more than 12 
     additional months to meet the requirement of that clause if 
     the alien was unable to work in agricultural employment due 
     to--
       ``(I) pregnancy, injury, or disease, if the alien can 
     establish such pregnancy, disabling injury, or disease 
     through medical records;
       ``(II) illness, disease, or other special needs of a minor 
     child, if the alien can establish such illness, disease, or 
     special needs through medical records; or
       ``(III) severe weather conditions that prevented the alien 
     from engaging in agricultural employment for a significant 
     period of time.
       ``(B) Proof.--An alien may demonstrate compliance with the 
     requirements of subparagraph (A) by submitting--
       ``(i) the record of employment described in subsection 
     (h)(4); or
       ``(ii) such documentation as may be submitted under 
     subsection (d)(3).
       ``(C) Application period.--Not later than 8 years after the 
     date of the enactment of the AgJOBS Act of 2007, the alien 
     must--
       ``(i) apply for adjustment of status; or
       ``(ii) renew the alien's Z visa status as described in 
     section 601(k)(2).
       ``(D) Fine.--The alien pays to the Secretary a fine of 
     $4,000, such fine may be reduced by $1,000 for every year of 
     qualifying agricultural employment under this subsection, up 
     to a maximum of 3 years credit.
                                 ______
                                 
  SA 1320. Mr. CHAMBLISS submitted an amendment intended to be proposed 
by him to the bill S. 1348, to provide for

[[Page S7090]]

comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       In subsection (c)(4)(A) of section 214A of the Immigration 
     and Nationality Act, as added by section 622(b), strike ``The 
     provisions of paragraphs (5), (6)(A), (7), and (9) of section 
     212(a) shall not apply.'' and insert ``The provisions of 
     paragraphs (5), (6)(A), (7), and (9)(B) of section 212(a) 
     shall not apply.''.
                                 ______
                                 
  SA 1321. Mr. SESSIONS 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 1, insert the following:
       (e) Submission to Congress.--
       (1) In general.--Except as provided under paragraph (2), 
     not later than 54 months after the date of the enactment of 
     this Act, the Secretary shall submit a written certification 
     to the President and Congress that--
       (A) the border security and other measures described in 
     subsection (a) are funded, in place, and in operation; and
       (B) there are fewer than 1,000,000 individuals who are 
     unlawfully present in the United States.
       (2) Effect of lack of certification.--If the border 
     security and other measures described in subsection (a) are 
     not funded, are not in place, are not in operation, or if 
     more than 1,000,000 individuals are unlawfully present in the 
     United States on the date that is 54 months after the date of 
     the enactment of this Act, title VI shall be immediately 
     repealed and the legal status and probationary benefits 
     granted to aliens under such title shall be terminated.
                                 ______
                                 
  SA 1322. Mr. SESSIONS (for himself, Mr. Isakson, and Mr. Chambliss) 
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 48, between lines 9 and 10, insert the following:

     SEC. 204. TERRORIST BARS.

       (a) Definition of Good Moral Character.--Section 101(f) (8 
     U.S.C. 1101(f)) is amended--
       (1) by inserting after paragraph (1) the following:
       ``(2) an alien described in section 212(a)(3) or 237(a)(4), 
     as determined by the Secretary of Homeland Security or the 
     Attorney General based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information;'';
       (2) in paragraph (8), by striking ``(as defined in 
     subsection (a)(43))'' and inserting the following: ``, 
     regardless of whether the crime was defined as an aggravated 
     felony under subsection (a)(43) at the time of the 
     conviction, unless--
       ``(A) the person completed the term of imprisonment and 
     sentence not later than 10 years before the date of 
     application; and
       ``(B) the Secretary of Homeland Security or the Attorney 
     General waives the application of this paragraph; or''; and
       (3) in the undesignated matter following paragraph (9), by 
     striking ``a finding that for other reasons such person is or 
     was not of good moral character'' and inserting the 
     following: ``a discretionary finding for other reasons that 
     such a person is or was not of good moral character. In 
     determining an applicant's moral character, the Secretary of 
     Homeland Security and the Attorney General may take into 
     consideration the applicant's conduct and acts at any time 
     and are not limited to the period during which good moral 
     character is required.''.
       (b) Pending Proceedings.--Section 204(b) (8 U.S.C. 1154(b)) 
     is amended by adding at the end the following: ``A petition 
     may not be approved under this section if there is any 
     administrative or judicial proceeding (whether civil or 
     criminal) pending against the petitioner that could directly 
     or indirectly result in the petitioner's denaturalization or 
     the loss of the petitioner's lawful permanent resident 
     status.''.
       (c) Conditional Permanent Resident Status.--
       (1) In general.--Section 216(e) (8 U.S.C. 1186a(e)) is 
     amended by inserting ``if the alien has had the conditional 
     basis removed pursuant to this section'' before the period at 
     the end.
       (2) Certain alien entrepreneurs.--Section 216A(e) (8 U.S.C. 
     1186b(e)) is amended by inserting ``if the alien has had the 
     conditional basis removed pursuant to this section'' before 
     the period at the end.
       (d) Judicial Review of Naturalization Applications.--
     Section 310(c) (8 U.S.C. 1421(c)) is amended--
       (1) by inserting ``, not later than 120 days after the 
     Secretary of Homeland Security's final determination,'' after 
     ``may''; and
       (2) by adding at the end the following: ``Except that in 
     any proceeding, other than a proceeding under section 340, 
     the court shall review for substantial evidence the 
     administrative record and findings of the Secretary of 
     Homeland Security regarding whether an alien is a person of 
     good moral character, understands and is attached to the 
     principles of the Constitution of the United States, or is 
     well disposed to the good order and happiness of the United 
     States. The petitioner shall have the burden of showing that 
     the Secretary's denial of the application was contrary to 
     law.''.
       (e) Persons Endangering National Security.--Section 316 (8 
     U.S.C. 1427) is amended by adding at the end the following:
       ``(g) Persons Endangering the National Security.--A person 
     may not be naturalized if the Secretary of Homeland Security 
     determines, based upon any relevant information or evidence, 
     including classified, sensitive, or national security 
     information, that the person was once an alien described in 
     section 212(a)(3) or 237(a)(4).''.
       (f) Concurrent Naturalization and Removal Proceedings.--
     Section 318 (8 U.S.C. 1429) is amended by striking ``the 
     Attorney General if'' and all that follows and inserting: 
     ``the Secretary of Homeland Security or any court if there is 
     pending against the applicant any removal proceeding or other 
     proceeding to determine the applicant's inadmissibility or 
     deportability, or to determine whether the applicant's lawful 
     permanent resident status should be rescinded, regardless of 
     when such proceeding was commenced. The findings of the 
     Attorney General in terminating removal proceedings or 
     canceling the removal of an alien under this Act shall not be 
     deemed binding in any way upon the Secretary of Homeland 
     Security with respect to the question of whether such person 
     has established eligibility for naturalization in accordance 
     with this title.''.
       (g) District Court Jurisdiction.--Section 336(b) (8 U.S.C. 
     1447(b)) is amended to read as follows:
       ``(b) Request for Hearing Before District Court.--If there 
     is a failure to render a final administrative decision under 
     section 335 before the end of the 180-day period beginning on 
     the date on which the Secretary of Homeland Security 
     completes all examinations and interviews required under such 
     section, the applicant may apply to the district court for 
     the district in which the applicant resides for a hearing on 
     the matter. The Secretary shall notify the applicant when 
     such examinations and interviews have been completed. Such 
     district court shall only have jurisdiction to review the 
     basis for delay and remand the matter, with appropriate 
     instructions, to the Secretary for the Secretary's 
     determination on the application.''.
       (h) Effective Date.--The amendments made by this section--
       (1) shall take effect on the date of the enactment of this 
     Act; and
       (2) shall apply to any act that occurred on or after such 
     date of enactment.

     SEC. 204A. FEDERAL AFFIRMATION OF IMMIGRATION LAW ENFORCEMENT 
                   BY STATES AND POLITICAL SUBDIVISIONS OF STATES.

       (a) Authority.--Law enforcement personnel of a State, or a 
     political subdivision of a State, have the inherent authority 
     of a sovereign entity to investigate, apprehend, arrest, 
     detain, or transfer to Federal custody (including the 
     transportation across State lines to detention centers) an 
     alien for the purpose of assisting in the enforcement of the 
     immigration laws of the United States in the normal course of 
     carrying out the law enforcement duties of such personnel. 
     This State authority has never been displaced or preempted by 
     Federal law.
       (b) Construction.--Nothing in this section may be construed 
     to require law enforcement personnel of a State or a 
     political subdivision to assist in the enforcement of the 
     immigration laws of the United States.

     SEC. 204B. LISTING OF IMMIGRATION VIOLATORS IN THE NATIONAL 
                   CRIME INFORMATION CENTER DATABASE.

       (a) Provision of Information to the National Crime 
     Information Center.--
       (1) In general.--Except as provided under paragraph (3), 
     not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall provide to the head of the 
     National Crime Information Center of the Department of 
     Justice the information that the Secretary has or maintains 
     related to any alien--
       (A) against whom a final order of removal has been issued;
       (B) who enters into a voluntary departure agreement, or is 
     granted voluntary departure by an immigration judge, whose 
     period for departure has expired under subsection (a)(3) of 
     section 240B of the Immigration and Nationality Act (8 U.S.C. 
     1229c), subsection (b)(2) of such section 240B, or who has 
     violated a condition of a voluntary departure agreement under 
     such section 240B;
       (C) whom a Federal immigration officer has confirmed to be 
     unlawfully present in the United States; and
       (D) whose visa has been revoked.
       (2) Removal of information.--The head of the National Crime 
     Information Center shall promptly remove any information 
     provided by the Secretary under paragraph (1) related to an 
     alien who is lawfully admitted to enter or remain in the 
     United States.
       (3) Procedure for removal of erroneous information.--
       (A) In general.--The Secretary, in consultation with the 
     head of the National Crime Information Center, shall develop 
     and implement a procedure by which an alien may petition the 
     Secretary or head of the National Crime Information Center, 
     as appropriate, to remove any erroneous information provided 
     by the Secretary under paragraph (1) related to such alien.
       (B) Effect of failure to receive notice.--Under procedures 
     developed under

[[Page S7091]]

     subparagraph (A), failure by the alien to receive notice of a 
     violation of the immigration laws shall not constitute cause 
     for removing information provided by the Secretary under 
     paragraph (1) related to such alien, unless such information 
     is erroneous.
       (C) Interim provision of information.--Notwithstanding the 
     180-day period set forth in paragraph (1), the Secretary may 
     not provide the information required under paragraph (1) 
     until the procedures required under this paragraph have been 
     developed and implemented.
       (b) Inclusion of Information in the National Crime 
     Information Center Database.--Section 534(a) of title 28, 
     United States Code, is amended--
       (1) in paragraph (3), by striking ``and'' at the end;
       (2) by redesignating paragraph (4) as paragraph (5); and
       (3) by inserting after paragraph (3) the following:
       ``(4) acquire, collect, classify, and preserve records of 
     violations of the immigration laws of the United States; 
     and''.
                                 ______
                                 
  SA 1333. Mr. SESSIONS (for himself, Mr. Isakson, and Mr. Chambliss) 
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 78, line 6, strike ``(b)'' and insert the 
     following:
       (b) Federal Affirmation of Immigration Law Enforcement by 
     States and Political Subdivisions of States.--
       (1) Authority.--Law enforcement personnel of a State, or a 
     political subdivision of a State, have the inherent authority 
     of a sovereign entity to investigate, apprehend, arrest, 
     detain, or transfer to Federal custody (including the 
     transportation across State lines to detention centers) an 
     alien for the purpose of assisting in the enforcement of the 
     immigration laws of the United States in the normal course of 
     carrying out the law enforcement duties of such personnel. 
     This State authority has never been displaced or preempted by 
     Federal law.
       (2) Construction.--Nothing in this subsection may be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.
       (c) Listing of Immigration Violators in the National Crime 
     Information Center Database.--
       (1) Provision of information to the national crime 
     information center.--
       (A) In general.--Except as provided under subparagraph (C), 
     not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall provide to the head of the 
     National Crime Information Center of the Department of 
     Justice the information that the Secretary has or maintains 
     related to any alien--
       (i) against whom a final order of removal has been issued;
       (ii) who enters into a voluntary departure agreement, or is 
     granted voluntary departure by an immigration judge, whose 
     period for departure has expired under subsection (a)(3) of 
     section 240B of the Immigration and Nationality Act (8 U.S.C. 
     1229c), subsection (b)(2) of such section 240B, or who has 
     violated a condition of a voluntary departure agreement under 
     such section 240B;
       (iii) whom a Federal immigration officer has confirmed to 
     be unlawfully present in the United States; and
       (iv) whose visa has been revoked.
       (B) Removal of information.--The head of the National Crime 
     Information Center shall promptly remove any information 
     provided by the Secretary under subparagraph (A) related to 
     an alien who is lawfully admitted to enter or remain in the 
     United States.
       (C) Procedure for removal of erroneous information.--
       (i) In general.--The Secretary, in consultation with the 
     head of the National Crime Information Center, shall develop 
     and implement a procedure by which an alien may petition the 
     Secretary or head of the National Crime Information Center, 
     as appropriate, to remove any erroneous information provided 
     by the Secretary under subparagraph (A) related to such 
     alien.
       (ii) Effect of failure to receive notice.--Under procedures 
     developed under clause (i), failure by the alien to receive 
     notice of a violation of the immigration laws shall not 
     constitute cause for removing information provided by the 
     Secretary under subparagraph (A) related to such alien, 
     unless such information is erroneous.
       (iii) Interim provision of information.--Notwithstanding 
     the 180-day period set forth in subparagraph (A), the 
     Secretary may not provide the information required under 
     subparagraph (A) until the procedures required under this 
     paragraph have been developed and implemented.
       (2) Inclusion of information in the national crime 
     information center database.--Section 534(a) of title 28, 
     United States Code, is amended--
       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) acquire, collect, classify, and preserve records of 
     violations of the immigration laws of the United States; 
     and''.
       (d)
                                 ______
                                 
  SA 1324. Mr. SESSIONS 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 149, strike line 22 and all that follows through 
     page 150, line 2.
       On page 151, line 9, strike ``two additional two-year 
     periods'' and insert ``an indefinite number of subsequent 2-
     year periods if the alien remains outside the United States 
     for the 12-month period immediately prior to each 2-year 
     period of admission''.
       On page 151, strike lines 15 through 29 and insert the 
     following:
       ``(2) Family members.--A Y-1 nonimmigrant--
       ``(A) may not be accompanied by his or her spouse or other 
     dependants while in the United States under such status; and
       ``(B) may not sponsor a family member to enter the United 
     States through a `parent visitor visa' authorized under 
     section 214(s) of the Immigration and Nationality Act, as 
     added by section 506(b) of this Act.
                                 ______
                                 
  SA 1325. Mr. SESSIONS 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 282, strike line 15 and all that follows through 
     ``January 1, 2007'' on page 283, line 14, and insert the 
     following:
       ``(Z) subject to title VI of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007, an alien 
     who--
       ``(i) is physically present in the United States, has 
     maintained continuous physical presence in the United States 
     since January 7, 2004, is employed, and seeks to continue 
     performing labor, services or education;
       ``(ii) is physically present in the United States, has 
     maintained continuous physical presence in the United States 
     since January 7, 2004, and such alien--

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

       ``(aa) the termination of the relationship with such spouse 
     was connected to domestic violence; and
       ``(bb) the spouse has been battered or subjected to extreme 
     cruelty by the spouse or parent, who is a Z nonimmigrant; or
       ``(iii) is under 18 years of age at the time of application 
     for nonimmigrant status under this subparagraph, is 
     physically present in the United States, has maintained 
     continuous physical presence in the United States since May 
     1, 2005, and was born to or legally adopted by at least 1 
     parent who is at the time of application described in clause 
     (i) or (ii).''.
       (c) Presence in the United States.--
       (1) In general.--The alien shall establish that the alien 
     was not lawfully present in the United States on May 1, 2005

                                 ______
                                 
  SA 1326. Mr. SESSIONS 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__. NUMERICAL LIMITATION.

       Notwithstanding any other provision of this Act, not more 
     than 13,000,000 visas authorized to be issued under this 
     title may be issued to aliens described under section 
     101(a)(15)(Z) of the Immigration and Nationality Act, as 
     added by section 601 of this Act.
                                 ______
                                 
  SA 1327. Mr. SESSIONS 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 302, line 34, strike ``(r)'' and insert the 
     following:
       (r) Numerical Limitation.--Section 214(g) (8 U.S.C. 
     1184(g)), as amended by title IV, is further amended by 
     adding at the end the following:
       ``(13) Notwithstanding any provision of the Secure Borders, 
     Economic Opportunity, and Immigration Reform Act of 2007, not 
     more than 13,000,000 visas authorized to be issued under 
     title VI of such Act may be issued to aliens described under 
     section 101(a)(15)(Z).''.
       (s)
                                 ______
                                 
  SA 1328. Mr. SESSIONS 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 342, between lines 9 and 10, insert the following:

[[Page S7092]]

                      Subtitle D--Self-Sufficiency

     SEC. 631. REQUIREMENT FOR GUARANTEE OF SELF-SUFFICIENCY.

       (a) In General.--Title II (8 U.S.C. 1151 et seq.) is 
     amended by inserting after section 213A the following:

     ``SEC. 213B. REQUIREMENT FOR GUARANTEE OF SELF-SUFFICIENCY.

       ``(a) In General.--In addition to the eligibility 
     requirements under section 601(e) of the Secure Borders, 
     Economic Opportunity, and Immigration Reform Act of 2007, an 
     alien applying for Z nonimmigrant status under section 601 of 
     such Act shall submit a signed a guarantee of self-
     sufficiency in accordance with this section.
       ``(b) Enforceability.--
       ``(1) In general.--No guarantee of self-sufficiency may be 
     accepted by the Secretary or by any consular officer to 
     establish that an alien is not excludable as a public charge 
     under section 212(a)(4) unless such guarantee is executed as 
     a contract--
       ``(A) which is legally enforceable against the guarantor of 
     self-sufficiency by the alien seeking immigration benefits, 
     the Federal Government, and by any State (or any political 
     subdivision of such State) providing any means-tested public 
     benefits program during the 10-year period beginning on the 
     date on which the alien last received any such immigration 
     benefit;
       ``(B) in which the guarantor of self-sufficiency agrees to 
     financially support the alien to prevent the alien from 
     becoming a public charge; and
       ``(C) in which the guarantor of self-sufficiency agrees to 
     submit to the jurisdiction of any Federal or State court for 
     the purpose of actions brought under subsection (e)(2).
       ``(2) Scope.--A contract under paragraph (1) shall be 
     enforceable with respect to means-tested public benefits 
     (other than the benefits described in subsection (g)) 
     provided to the alien before the alien is naturalized as a 
     United States citizen under chapter 2 of title III.
       ``(c) Forms.--Not later than 90 days after the date of the 
     enactment of this section, the Secretary of Homeland 
     Security, in consultation with the Secretary of State and the 
     Secretary of Health and Human Services, shall develop a form 
     of guarantee of self-sufficiency that is consistent with the 
     provisions under this section.
       ``(d) Remedies.--
       ``(1) In general.--Remedies available to enforce a 
     guarantee of self-sufficiency under this section include--
       ``(A) any of the remedies described in section 3201, 3203, 
     3204, or 3205 of title 28, United States Code;
       ``(B) an order for specific performance and payment of 
     legal fees and other costs of collection; and
       ``(C) corresponding remedies available under State law.
       ``(2) Collection.--A Federal agency may seek to collect 
     amounts owed under this section in accordance with the 
     provisions of subchapter II of chapter 37 of title 31, United 
     States Code.
       ``(e) Notification of Change of Address.--
       ``(1) In general.--The guarantor of self-sufficiency shall 
     notify the Secretary and the State in which the guaranteed 
     alien is a resident not later than 30 days after any change 
     of address of the guarantor of self-sufficiency during the 
     period specified in subsection (b)(2).
       ``(2) Penalty.--Any person subject to the requirement of 
     paragraph (1) who fails to satisfy such requirement shall be 
     subject to a civil penalty of--
       ``(A) not less than $25,000 and not more than $50,000; or
       ``(B) if such failure occurs with knowledge that the alien 
     has received any means-tested public benefit, not less than 
     $50,000 or more than $100,000.
       ``(f) Reimbursement of Government Expenses.--
       ``(1) Request.--
       ``(A) In general.--Upon notification that a guaranteed 
     alien has received any benefit under any means-tested public 
     benefits program, the appropriate Federal, State, or local 
     official shall request reimbursement by the guarantor of 
     self-sufficiency equal to the amount of assistance received 
     by such alien.
       ``(B) Rulemaking.--The Secretary of Homeland Security, in 
     consultation with the Secretary of Health and Human Services, 
     shall prescribe such regulations as may be necessary to carry 
     out subparagraph (A).
       ``(2) Civil action.--If the appropriate Federal, State, or 
     local agency has not received a response from the guarantor 
     of self-sufficiency within 45 days after requesting 
     reimbursement, which indicates that such guarantor is willing 
     to commence payments, an action may be brought against the 
     guarantor of self-sufficiency to enforce the terms of the 
     guarantee of self-sufficiency.
       ``(3) Failure to comply with repayment terms.--If the 
     guarantor of self-sufficiency fails to comply with the 
     repayment terms established by such agency, the agency may, 
     not earlier than 60 days after such failure, bring an action 
     against the guarantor of self-sufficiency pursuant to the 
     affidavit of support.
       ``(4) Statute of limitations.--No cause of action may be 
     brought under this subsection later than 50 years after the 
     alien last received a benefit under any means-tested public 
     benefits program.
       ``(5) Collection agencies.--If a Federal, State, or local 
     agency requests reimbursement under this subsection from the 
     guarantor of self-sufficiency in the amount of assistance 
     provided, or brings an action against the guarantor of self-
     sufficiency pursuant to the affidavit of support, the 
     appropriate agency may appoint or hire an individual or other 
     person to act on behalf of such agency acting under the 
     authority of law for purposes of collecting any moneys owed. 
     Nothing in this subsection shall preclude any appropriate 
     Federal, State, or local agency from directly requesting 
     reimbursement from a guarantor of self-sufficiency for the 
     amount of assistance provided, or from bringing an action 
     against a guarantor of self-sufficiency pursuant to an 
     affidavit of support.
       ``(g) Benefits Not Subject to Reimbursement.--A guarantor 
     shall not be liable under this section for the reimbursement 
     of any of the following benefits provided to a guaranteed 
     alien:
       ``(1) Emergency medical services under title XIX of the 
     Social Security Act (42 U.S.C. 1396 et seq.).
       ``(2) Short-term, non-cash, in-kind emergency disaster 
     relief.
       ``(3) Assistance or benefits under the Richard B. Russell 
     National School Lunch Act (42 U.S.C. 1751 et seq.).
       ``(4) Assistance or benefits under the Child Nutrition Act 
     of 1966 (42 U.S.C. 1771 et seq.).
       ``(5) Public health assistance for immunizations with 
     respect to immunizable diseases and for testing and treatment 
     of symptoms of communicable diseases whether or not such 
     symptoms are caused by a communicable disease.
       ``(6) Payments for foster care and adoption assistance 
     under part B of title IV of the Social Security Act (42 
     U.S.C. 621 et seq.) for a child, but only if the foster or 
     adoptive parent or parents of such child are not otherwise 
     ineligible pursuant to section 4403 of this Act.
       ``(7) Programs, services, or assistance (including soup 
     kitchens, crisis counseling and intervention, and short-term 
     shelter) specified by the Attorney General, in the Attorney 
     General`s sole and unreviewable discretion after consultation 
     with appropriate Federal agencies and departments, which--'
       ``(A) deliver in-kind services at the community level, 
     including through public or private nonprofit agencies;
       ``(B) do not condition the provision of assistance, the 
     amount of assistance provided, or the cost of assistance 
     provided on the individual recipient's income or resources; 
     and
       ``(C) are necessary for the protection of life or safety.
       ``(8) Programs of student assistance under titles IV, V, 
     IX, and X of the Higher Education Act of 1965 (20 U.S.C. 1001 
     et seq.).
       ``(9) Benefits under the Head Start Act (42 U.S.C. 9831 et 
     seq.).
       ``(10) Means-tested programs under the Elementary and 
     Secondary Education Act of 1965 (Public Law 89-10).
       ``(11) Benefits under the Job Training Partnership Act 
     (Public Law 97-300).
       ``(h) Definitions.--In this section:
       ``(1) Guarantor of self-sufficiency.--The term `guarantor' 
     means an individual who--
       ``(A) seeks a benefit under title IV or VI of the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007, or under any amendment made under either such title;
       ``(B) is at least 18 years of age; and
       ``(C) is domiciled in any of the 50 States or in the 
     District of Columbia.
       ``(2) Means-tested public benefits program.--The term 
     `means-tested public benefits program' means a program of 
     public benefits (including cash, medical, housing, food 
     assistance, and social services) administered by the Federal 
     Government, a State, or a political subdivision of a State in 
     which the eligibility of an individual, household, or family 
     eligibility unit for benefits under the program or the amount 
     of such benefits is determined on the basis of income, 
     resources, or financial need of the individual, household, or 
     unit.''.
       (b) Clerical Amendment.--The table of contents (8 U.S.C. 
     1101 et seq.) is amended by inserting after the item relating 
     to section 213A the following:

``Sec. 213B. Requirement for guarantee of self-sufficiency.''.
                                 ______
                                 
  SA 1329. Mr. SESSIONS 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 339, line 38, strike ``not''.
                                 ______
                                 
  SA 1330. Mr. SESSIONS 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 285, lines 19 through 21, strike ``(6)(B), 
     (6)(C)(i), (6)(C)(ii), (6)(D), (6)(F), (6)(G), (7), (9)(B), 
     (9)(C)(i)(I),'' and insert ``(6)(C)(i), (6)(C)(ii), (6)(D), 
     (6)(G), (7),''.
                                 ______
                                 
  SA 1331. Mr. REID 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:


[[Page S7093]]


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

     SEC. ___. EARNED INCOME TAX CREDIT.

       Nothing is this Act, or the amendments made by this Act, 
     may be construed to modify any provision of the Internal 
     Revenue Code of 1986 which prohibits illegal aliens from 
     qualifying for the earned income tax credit under section 32 
     of such Code.
                                 ______
                                 
  SA 1332. Mr. SANDERS (for himself and Mr. Grassley) 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. __. CERTIFICATION REQUIREMENT.

       (a) In General.--A petition by an employer for any visa 
     authorizing employment in the United States may not be 
     approved until the employer has provided written 
     certification, under penalty of perjury, to the Secretary of 
     Labor that--
       (1) the employer has not provided a notice of a mass layoff 
     pursuant to the Worker Adjustment and Retraining Notification 
     Act (29 U.S.C. 2101 et seq.) during the 12-month period 
     immediately preceding the date on which the alien is to be 
     hired; and
       (2) the employer does not intend to provide a notice of a 
     mass layoff pursuant to such Act.
       (b) Effect of Mass Layoff.--If an employer provides a 
     notice of a mass layoff pursuant to such Act after a visa 
     described in subsection (a) has been approved, such visa 
     shall expire on the date that is 60 days after the date on 
     which such notice is provided.
       (c) Exemption.--An employer shall be exempt from the 
     requirements under this section if the employer provides 
     written certification, under penalty of perjury, that the 
     total number of the employer's employees in the United States 
     will not be reduced as a result of a mass layoff.
                                 ______
                                 
  SA 1303. Mr. KENNEDY 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 48, strike line 11 and all that follows through 
     page 51, line 37, and insert the following:

     SEC. 204. INADMISSIBILITY AND DEPORTABILITY OF GANG MEMBERS.

       (a) Definition of Criminal Gang.--Section 101(a) (8 U.S.C. 
     1101(a)) is amended by inserting after paragraph (51) the 
     following:
       ``(52)(A) The term `criminal gang' means an ongoing group, 
     club, organization, or association of 5 or more persons--
       ``(i) that has, as 1 of its primary purposes, the 
     commission of 1 or more of the criminal offenses described in 
     subparagraph (B); and
       ``(ii) the members of which engage, or have engaged within 
     the past 5 years, in a continuing series of offenses 
     described in subparagraph (B).
       ``(B) Offenses described in this subparagraph, whether in 
     violation of Federal or State law or in violation of the law 
     of a foreign country, regardless of whether charged, and 
     regardless of whether the conduct occurred before, on, or 
     after the date of the enactment of this paragraph, are--
       ``(i) a felony drug offense (as defined in section 102 of 
     the Controlled Substances Act (21 U.S.C. 802));
       ``(ii) a felony offense involving firearms or explosives, 
     including a violation of section 924(c), 924(h), or 931 of 
     title 18 (relating to purchase, ownership, or possession of 
     body armor by violent felons);
       ``(iii) an offense under section 274 (relating to bringing 
     in and harboring certain aliens), section 277 (relating to 
     aiding or assisting certain aliens to enter the United 
     States), or section 278 (relating to the importation of an 
     alien for immoral purpose);
       ``(iv) a felony crime of violence as defined in section 16 
     of title 18, United States Code, which is punishable by a 
     sentence of imprisonment of 5 years or more, including first 
     degree murder, arson, possession, brandishment, or discharge 
     of firearm in connection with crime of violence or drug 
     trafficking offense, use of a short-barreled or semi-
     automatic weapons, use of a machine gun, murder of 
     individuals involved in aiding a Federal investigation, 
     kidnapping, bank robbery if death results or a hostage is 
     kidnapped, sexual exploitation and other abuse of children, 
     selling or buying of children, activities relating to 
     material involving the sexual exploitation of a minor, 
     activities relating to material constituting or containing 
     child pornography, or illegal transportation of a minor;
       ``(v) a crime involving obstruction of justice; tampering 
     with or retaliating against a witness, victim, or informant; 
     or burglary;
       ``(vi) any conduct punishable under sections 1028 and 1029 
     of title 18, United States Code (relating to fraud and 
     related activity in connection with identification documents 
     or access devices), sections 1581 through 1594 of such title 
     (relating to peonage, slavery and trafficking in persons), 
     section 1952 of such title (relating to interstate and 
     foreign travel or transportation in aid of racketeering 
     enterprises), section 1956 of such title (relating to the 
     laundering of monetary instruments), section 1957 of such 
     title (relating to engaging in monetary transactions in 
     property derived from specified unlawful activity), or 
     sections 2312 through 2315 of such title (relating to 
     interstate transportation of stolen motor vehicles or stolen 
     property); and
       ``(vii) a conspiracy to commit an offense described in 
     clause (i) through (vi).''.
       (b) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 
     1182(a)(2)) is amended--
       (1) by redesignating subparagraph (F) as subparagraph (L); 
     and
       (2) by inserting after subparagraph (E) the following:
       ``(F) Aliens associated with criminal gangs.--Unless the 
     Secretary of Homeland Security or the Attorney General waives 
     the application of this subparagraph, any alien who a 
     consular officer, the Attorney General, or the Secretary of 
     Homeland Security knows or has reason to believe participated 
     in a criminal gang (as defined in section 204(a)) knowing or 
     having reason to know that such participation promoted, 
     furthered, aided, or supported the illegal activity of the 
     gang, is inadmissible.''.
       (c) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) 
     is amended by adding at the end the following:
       ``(F) Aliens associated with criminal gangs.--Any alien, in 
     or admitted to the United States, who at any time has 
     participated in a criminal gang (as defined in section 
     204(a)), knowing or having reason to know that such 
     participation promoted, furthered, aided, or supported the 
     illegal activity of the gang is deportable. The Secretary of 
     Homeland Security or the Attorney General may waive the 
     application of this subparagraph.''.
       (d) Temporary Protected Status.--Section 244 (8 U.S.C. 
     1254a) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (c)(2)(B)--
       (A) in clause (i), by striking ``, or'' and inserting a 
     semicolon;
       (B) in clause (ii), by striking the period at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:
       ``(iii) the alien participates in, or at any time after 
     admission has participated in, the activities of a criminal 
     gang as defined in section 204(a).''; and
       (3) in subsection (d)--
       (A) in paragraph (2)--
       (i) by striking ``Subject to paragraph (3), such'' and 
     inserting ``Such''; and
       (ii) by striking ``(under paragraph (3))'';
       (B) by striking paragraph (3); and
       (C) by redesignating paragraph (4) as paragraph (3); and
       (D) in paragraph (3), as redesignated, by adding at the end 
     the following: ``The Secretary of Homeland Security may 
     detain an alien provided temporary protected status under 
     this section whenever appropriate under any other 
     provision.''.
       (e) Increased Penalties Barring the Admission of Convicted 
     Sex Offenders Failing to Register and Requiring Deportation 
     of Sex Offenders Failing to Register.--
       (1) Inadmissibility.--Section 212(a)(2)(A)(i) (8 U.S.C. 
     1182(a)(2)(A)(i)), as amended by section 209(a)(3), is 
     further amended--
       (A) in subclause (II), by striking ``or'' at the end;
       (B) in subclause (III), by striking the comma at the end 
     and inserting a semicolon; and
       (C) by inserting after subclause (III) the following:

       ``(IV) a violation of section 2250 of title 18, United 
     States Code (relating to failure to register as a sex 
     offender); or''.

       (2) Deportability.--Section 237(a)(2)(A)(i) (8 U.S.C. 
     1227(a)(2)(A)(i)) is amended--
       (A) in subclause (I), by striking ``, and'' and inserting a 
     semicolon;
       (B) in subclause (II), by striking the comma at the end and 
     inserting ``; or''; and
       (C) by adding at the end the following:

       ``(III) a violation of section 2250 of title 18, United 
     States Code (relating to failure to register as a sex 
     offender).''.

       (f) Precluding Admissibility of Aliens Convicted of Serious 
     Criminal Offenses and Domestic Violence, Stalking, Child 
     Abuse and Violation of Protection Orders.--
       (1) Inadmissibility on criminal and related grounds; 
     waivers.--Section 212 (8 U.S.C. 1182) is amended--
       (A) in subsection (a)(2), by adding at the end the 
     following:
       ``(J) Crimes of domestic violence, stalking, or violation 
     of protective orders; crimes against children.--
       ``(i) Domestic violence, stalking, and child abuse.--Any 
     alien who has been convicted of a crime of domestic violence, 
     a crime of stalking, or a crime of child abuse, child 
     neglect, or child abandonment, provided the alien served at 
     least 1 year's imprisonment for the crime or provided the 
     alien was convicted of or admitted to acts constituting more 
     than 1 such crime, not arising out of a single scheme of 
     criminal misconduct, is inadmissible. In 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

[[Page S7094]]

     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 constitutes criminal contempt of 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. In 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 an independent order in another proceeding.
       ``(iii) Applicability.--This subparagraph shall not apply 
     to an alien who has been battered or subjected to extreme 
     cruelty and who is not and was not the primary perpetrator of 
     violence in the relationship, upon a determination by the 
     Attorney General or the Secretary of Homeland Security that--

       ``(I) the alien was acting in self-defense;
       ``(II) the alien was found to have violated a protection 
     order intended to protect the alien; or
       ``(III) the alien committed, was arrested for, was 
     convicted of, or pled guilty to committing a crime that did 
     not result in serious bodily injury.''; and

       (B) in subsection (h)--
       (i) 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 
     waive the application of subparagraphs (A)(i)(I), 
     (A)(i)(III), (B), (D), (E), (F), (J), and (K) of subsection 
     (a)(2)''; and
       (ii) by inserting ``or Secretary of Homeland Security'' 
     after ``the Attorney General'' each place it appears.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to any acts that occurred on or after the date of 
     the enactment of this Act.

     SEC. 205. INCREASED CRIMINAL PENALTIES RELATED TO DRUNK 
                   DRIVING, ILLEGAL ENTRY, PERJURY, AND FIREARMS 
                   OFFENSES.

       (a) Drunk Driving.--
       (1) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 
     1182(a)(2)) is amended by inserting after subparagraph (J), 
     as added by section 204(f) the following:
       ``(K) Drunk drivers.--Any alien who has been convicted of 1 
     felony for driving under the influence under Federal or State 
     law, for which the alien was sentenced to more than 1 year 
     imprisonment, is inadmissible.''.
       (2) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) 
     is amended by adding at the end the following:
       ``(F) Drunk drivers.--Unless the Secretary of Homeland 
     Security or the Attorney General waives the application of 
     this subparagraph, any alien who has been convicted of 1 
     felony for driving under the influence under Federal or State 
     law, for which the alien was sentenced to more than 1 year 
     imprisonment, is deportable.''.
       (3) Conforming amendment.--Section 212(h) (8 U.S.C. 
     1182(h)) is amended--
       (A) in the subsection heading, by striking ``Subsection 
     (a)(2)(A)(i)(I), (II), (B), (D), and (E)'' and inserting 
     ``Certain Provisions in Subsection (a)(2)''; and
       (B) in the matter preceding paragraph (1), by striking 
     ``and (E)'' and inserting ``(E), and (F)''.
       (4) Effective date.--The amendments made by this subsection 
     shall take effect on the date of the enactment of this Act 
     and shall apply to convictions entered on or after such date.
       (b) Illegal Entry.--
       (1) In general.--Section 275 (8 U.S.C. 1325) is amended to 
     read as follows:

     ``SEC. 275. ILLEGAL ENTRY.

       ``(a) In General.--
       ``(1) Criminal offenses.--An alien shall be subject to the 
     penalties set forth in paragraph (2) if the alien--
       ``(A) knowingly enters or crosses the border into the 
     United States at any time or place other than as designated 
     by the Secretary of Homeland Security;
       ``(B) knowingly eludes examination or inspection by an 
     immigration officer (including failing to stop at the command 
     of such officer), or a customs or agriculture inspection at a 
     port of entry; or
       ``(C) knowingly enters or crosses the border to the United 
     States by means of a knowingly false or misleading 
     representation or the knowing concealment of a material fact 
     (including such representation or concealment in the context 
     of arrival, reporting, entry, or clearance requirements of 
     the customs laws, immigration laws, agriculture laws, or 
     shipping laws).
       ``(2) Criminal penalties.--Any alien who violates any 
     provision under paragraph (1)--
       ``(A) shall, for the first violation, be fined under title 
     18, United States Code, imprisoned not more than 6 months, or 
     both;
       ``(B) shall, for a second or subsequent violation, or 
     following an order of voluntary departure, be fined under 
     such title, imprisoned not more than 2 years, or both;
       ``(C) if the violation occurred after the alien had been 
     convicted of 3 or more misdemeanors or for a felony, shall be 
     fined under such title, imprisoned not more than 10 years, or 
     both;
       ``(D) if the violation occurred after the alien had been 
     convicted of a felony for which the alien received a term of 
     imprisonment of not less than 30 months, shall be fined under 
     such title, imprisoned not more than 15 years, or both; and
       ``(E) if the violation occurred after the alien had been 
     convicted of a felony for which the alien received a term of 
     imprisonment of not less than 60 months, such alien shall be 
     fined under such title, imprisoned not more than 20 years, or 
     both.
       ``(3) Prior convictions.--The prior convictions described 
     in subparagraphs (C) through (E) of paragraph (2) are 
     elements of the offenses described in that paragraph and the 
     penalties in such subparagraphs shall apply only in cases in 
     which the conviction or convictions that form the basis for 
     the additional penalty are--
       ``(A) alleged in the indictment or information; and
       ``(B) proven beyond a reasonable doubt at trial or admitted 
     by the defendant.
       ``(4) Duration of offense.--An offense under this 
     subsection continues until the alien is discovered within the 
     United States by an immigration officer.
       ``(5) Attempt.--Whoever attempts to commit any offense 
     under this section shall be punished in the same manner as 
     for a completion of such offense.
       ``(b) Improper Time or Place; Civil Penalties.--Any alien 
     who is apprehended while entering, attempting to enter, or 
     knowingly crossing or attempting to cross, the border to the 
     United States at a time or place other than as designated by 
     immigration officers shall be subject to a civil penalty, in 
     addition to any criminal or other civil penalties that may be 
     imposed under any other provision of law, in an amount equal 
     to--
       ``(1) not less than $50 and not more than $250 for each 
     such entry, crossing, attempted entry, or attempted crossing; 
     or
       ``(2) twice the amount specified in paragraph (1) if the 
     alien had previously been subject to a civil penalty under 
     this subsection.''.
       (2) Clerical amendment.--The table of contents is amended 
     by striking the item relating to section 275 and inserting 
     the following:

``Sec. 275. Illegal entry.''.
       (3) Effective date.--Section 275(a)(4) of the Immigration 
     and Nationality Act, as added by this Act, shall apply only 
     to violations of section 275(a)(1) committed on or after the 
     date of the enactment of this Act.
       (c) Perjury and False Statements.--Any person who willfully 
     submits any materially false, fictitious, or fraudulent 
     statement or representation (including any document, 
     attestation, or sworn affidavit for that person or any 
     person) relating to an application for any benefit under the 
     immigration laws (including for Z non-immigrant status) will 
     be subject to prosecution for perjury under section 1621 of 
     title 18, United States Code, or for making such a statement 
     or representation under section 1001 of that title.
       (d) Increased Penalties Relating to Firearms Offenses.--
       (1) Penalties related to removal.--Section 243 (8 U.S.C. 
     1253) is amended--
       (A) in subsection (a)(1)--
       (i) in the matter preceding subparagraph (A), by inserting 
     ``212(a)'' or after ``section''; and
       (ii) in the matter following subparagraph (D)--

       (I) by striking ``or imprisoned not more than four years'' 
     and inserting ``and imprisoned for not more than 5 years''; 
     and
       (II) by striking ``, or both'';

       (B) in subsection (b), by striking ``not more than $1000 or 
     imprisoned for not more than one year, or both'' and 
     inserting ``under title 18, United States Code, and 
     imprisoned for not more than 5 years (or for not more than 10 
     years if the alien is a member of any of the classes 
     described in paragraphs (1)(E), (2), (3), and (4) of section 
     237(a)).''; and
       (2) Prohibiting carrying or using a firearm during and in 
     relation to an alien smuggling crime.--Section 924(c) of 
     title 18, United States Code, is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (A), by inserting ``, alien smuggling 
     crime,'' after ``any crime of violence'';
       (ii) in subparagraph (A), by inserting ``, alien smuggling 
     crime,'' after ``such crime of violence''; and
       (iii) in subparagraph (D)(ii), by inserting ``, alien 
     smuggling crime,'' after ``crime of violence''; and
       (B) by adding at the end the following:
       ``(6) For purposes of this subsection, the term `alien 
     smuggling crime' means any felony punishable under section 
     274(a), 277, or 278 of the Immigration and Nationality Act (8 
     U.S.C. 1324(a), 1327, and 1328).''.
       (3) Inadmissibility for firearms offenses.--Section 
     212(a)(2)(A) (8 U.S.C. 1182(a)(2)(A)), as amended by sections 
     204(e) and 209(a)(3), is amended--
       (A) in clause (i), by inserting after subclause (IV) the 
     following:

       ``(V) a crime involving the 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), provided the alien was sentenced to at least 1 year 
     for the offense,''; and

[[Page S7095]]

       (B) in clause (ii), by striking ``Clause (i)(I)'' and 
     inserting ``Subclauses (I), (IV), and (V) of clause (i)''.

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