[Congressional Record Volume 153, Number 90 (Wednesday, June 6, 2007)]
[Senate]
[Pages S7200-S7269]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1334. Mr. DOMENICI 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 218A of the 
     Immigration and Nationality Act (as added by section 402(a)), 
     add the following:
       ``(5) Requirement.--
       ``(A) In general.--For each calendar year in which Y 
     nonimmigrant visas are made available under this Act, the 
     Secretary of Homeland Security, in consultation with the 
     Secretary of Labor, shall reserve not less than 25 percent of 
     the quantity of Y nonimmigrant visas available for the 
     calendar year for use by business concerns, in accordance 
     with this paragraph.
       ``(B) Timeline.--Of the Y nonimmigrant visas reserved under 
     subparagraph (A), the Secretary shall ensure that--
       ``(i) for the period beginning on January 1 of the 
     applicable calendar year and ending on June 30 of that 
     calendar year, the visas are provided only to entities that 
     qualify as small businesses under the Small Business Act (15 
     U.S.C. 631 et seq.) (including regulations promulgated 
     pursuant to that Act); and
       ``(ii) for the period beginning on July 1 of the applicable 
     calendar year and ending on December 31 of that calendar 
     year, any remaining visas are provided to business concerns, 
     regardless of whether the business concerns qualify as small 
     businesses.''.

                                 ______
                                 
  SA 1335. Mr. DOMENICI (for himself and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill S. 1348, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. INCREASE IN FEDERAL JUDGESHIPS IN DISTRICTS WITH 
                   LARGE NUMBERS OF CRIMINAL IMMIGRATION CASES.

       (a) Findings.--Based on the recommendations made by the 
     2007 Judicial Conference and the statistical data provided by 
     the 2006 Federal Court Management Statistics (issued by the 
     Administrative Office of the United States Courts), the 
     Congress finds the following:
       (1) Federal courts along the southwest border of the United 
     States have a greater percentage of their criminal caseload 
     affected by immigration cases than other Federal courts.
       (2) The percentage of criminal immigration cases in most 
     southwest border district courts totals more than 49 percent 
     of the total criminal caseloads of those districts.
       (3) The current number of judges authorized for those 
     courts is inadequate to handle the current caseload.
       (4) Such an increase in the caseload of criminal 
     immigration filings requires a corresponding increase in the 
     number of Federal judgeships.
       (5) The 2007 Judicial Conference recommended the addition 
     of judgeships to meet this growing burden.
       (6) The Congress should authorize the additional district 
     court judges necessary to carry out the 2007 recommendations 
     of the Judicial Conference for district courts in which the 
     criminal immigration filings represented more than 49 percent 
     of all criminal filings for the 12-month period ending 
     September 30, 2006.
       (b) Purpose.--The purpose of this section is to increase 
     the number of Federal judgeships, in accordance with the 
     recommendations of the 2007 Judicial Conference, in district 
     courts that have an extraordinarily high criminal immigration 
     caseload.
       (c) Additional District Court Judgeships.--
       (1) Permanent judgeships.--
       (A) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (i) 4 additional district judges for the district of 
     Arizona;
       (ii) 1 additional district judge for the district of New 
     Mexico;
       (iii) 2 additional district judges for the southern 
     district of Texas; and
       (iv) 1 additional district judge for the western district 
     of Texas.
       (B) Conforming amendments.--In order that the table 
     contained in section 133(a) of

[[Page S7201]]

     title 28, United States Code, reflect the number of 
     additional judges authorized under paragraph (1), such table 
     is amended--
       (i) by striking the item relating to Arizona and inserting 
     the following:

``Arizona.........................................................16'';

       (ii) by striking the item relating New Mexico and inserting 
     the following:
``New Mexico...................................................7''; and

       (iii) by striking the item relating to Texas and inserting 
     the following:

``Texas:
    Northern........................................................ 12
    Southern........................................................ 21
    Eastern.........................................................  7
    Western.......................................................14''.

       (2) Temporary judgeships.--
       (A) In general.--The President shall appoint, by and with 
     the advice and consent of the Senate--
       (i) 1 additional district judge for the district of 
     Arizona; and
       (ii) 1 additional district judge for the district of New 
     Mexico.
       (B) Vacancy.--For each of the judicial districts named in 
     this paragraph, the first vacancy arising on the district 
     court 10 years or more after a judge is first confirmed to 
     fill the temporary district judgeship created in that 
     district by this paragraph shall not be filled.
       (d) Funding.--To carry out this section, the Director of 
     the Administrative Office of the United States Courts shall, 
     for each of fiscal years 2008 through 2012, allocate 
     $2,000,000 from the Administrative Office of the United 
     States Courts Salary & Expenses (Administrative Expenses) 
     account.

                                 ______
                                 
  SA 1336. Ms. COLLINS 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 242, between lines 39 and 40, insert the following:
       (e) Documentation Requirement; Prohibition of 
     Outplacement.--Section 212(n)(1) (8 U.S.C. 1182(n)), as 
     amended by this section, is further amended--
       (1) in subparagraph (A), by adding at the end the 
     following:
       ``(iii) will provide to the H-1B nonimmigrant--
       ``(I) a copy of each application filed on behalf of the 
     nonimmigrant under this section; and
       ``(II) documentation supporting each attestation, in 
     accordance with regulations promulgated by the Secretary of 
     Labor.''; and
       (2) by adding at the end the following:
       ``(L) An H-1B nonimmigrant may not be stationed at the 
     worksite of an employer other than the petitioning employer 
     or its affiliate, subsidiary, or parent if the alien will be 
     controlled and supervised principally by such unaffiliated 
     employer or if the placement of the alien at the worksite of 
     the affiliated employer is essentially an arrangement to 
     provide labor for hire for the unaffiliated employer, rather 
     than a placement in connection with the provision of a 
     product or service for which specialized knowledge specific 
     to the petitioning employer is necessary.''.
       (f) Fraud Assessment.--Not later than 30 days after the 
     date of the enactment of this Act, the Director of United 
     States Citizenship and Immigration Services shall submit to 
     Congress a fraud risk assessment of the H-1B visa program.
                                 ______
                                 
  SA 1337. Mr. CORNYN 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. 711. USE OF PRIVATE LAND BY BORDER PATROL.

       (a) Purpose.--The purpose of this section is to encourage 
     land owners to make land and water areas on their property 
     available to agents of the Federal Government to enforce the 
     immigration laws of the United States by limiting the 
     liability of land owners toward persons entering their 
     property for such purposes.
       (b) Definitions.--In this section:
       (1) Land.--The term ``land'' includes roads, water, 
     watercourses, and private ways, and buildings, structures, 
     machinery and equipment that is attached to real property.
       (2) Owner.--The term ``owner'' includes the possessor of a 
     fee interest, a tenant, lessee, occupant, the possessor of 
     any other interest in land, or any person having a right to 
     grant permission to use the land.
       (c) Powers of Immigration Officers and Employees.--Section 
     287(a)(3) of the Immigration and Nationality Act (8 U.S.C. 
     1357(a)(3)) is amended by striking ``twenty-five miles'' and 
     inserting ``100 miles''.
       (d) Liability Limited for Actions of Law Enforcement 
     Officers.--
       (1) In general.--Except as provided in paragraph (2), an 
     owner of land shall not liable for damages arising from an 
     act or omission of an officer of the Federal Government, or 
     any State or Federal law enforcement officer, who enters the 
     owner's property with or without the permission of the owner.
       (2) Exception.--Paragraph (1) shall not apply to any act or 
     omission of the owner of land that results in damages if the 
     act or omission is not attributable to a law enforcement 
     officer.
                                 ______
                                 
  SA 1338. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1348, to provider for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Strike page 10, line 32 through page 11, line 11 and insert 
     the following:
       ``Section 236(a)(2) (8 USC 1226(a)(2)) is amended--
       (1) by adding ``, and'' at the end of subsection (a)(3), 
     and
       (2) by adding a new subsection (a)(4) that reads ``may not 
     provide the alien with release on bond or with conditional 
     parole if the alien is a national of a noncontiguous country, 
     has not been admitted or paroled into the United States, and 
     was apprehended within 100 miles of the international border 
     of the United States or presents a flight risk, as determined 
     by the secretary of Homeland Security.''
                                 ______
                                 
  SA 1339. Mr. VITTER submitted an amendment intended to be proposed to 
amendment SA 1150 proposed by Mr. Reid (for Mr. Kennedy (for himself 
and Mr. Specter)) to the bill S. 1348, to provide for comprehensive 
immigration reform and for other purposes; as follows:

       On page 3, line 25 insert the following new subsection:
       (6) The U.S. Visit System: The integrated entry and exit 
     data system required by 8 U.S.C. 1365a (Section 110 of the 
     Illegal Immigration Reform and Immigrant Responsibility Act 
     of 1996), which is already 17 months past its required 
     implementation date of December 21, 2005, has been fully 
     implemented and is functioning at every land, sea, and air 
     port of entry.
                                 ______
                                 
  SA 1340. Mr. BROWN 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 167, after line 2, insert the following:
       ``(E) documenting that for a period of not less than 90 
     days before the date an application is filed under subsection 
     (a)(1), and for a period of 1 year after the date that such 
     application is filed, every comparable job opportunity 
     (including those in the same occupation for which an 
     application for a Y-1 worker is made, and all other job 
     opportunities for which comparable education, training, or 
     experience are required), that becomes available at the 
     employer is posted to the designated State employment service 
     agency, including a description of the wages and other terms 
     and conditions of employment and the minimum education, 
     training, experience and other requirements of the job, and 
     the designated State agency has been authorized--
       ``(i) to post all such job opportunities on the Internet 
     website established under section 414 of the Secure Borders, 
     Economic Opportunity and Immigration Reform Act of 2007, with 
     local job banks, and with unemployment agencies and other 
     referral and recruitment sources pertinent to the job 
     involved; and
       ``(ii) to notify labor organizations in the State in which 
     the job is located and, if applicable, the office of the 
     local union which represents the employees in the same or 
     substantially equivalent job classification of the job 
     opportunity.
     The failure of an employer to document compliance with 
     subparagraph (E) shall result in the employer's ineligibility 
     to make a subsequent application under subsection (a)(1) 
     during the 1-year period following the initial application. 
     The Secretary of Labor shall routinely publicize the 
     requirement under subparagraph (E) in communications with 
     employers, and encourage State agencies to do so as well, to 
     help employers become aware of and comply with such 
     requirement in a timely manner.''.
                                 ______
                                 
  SA 1341. Mr. LEVIN 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 66, between lines 9 and 10, insert the following:
       (3) Changed country conditions.--Section 208(b) (8 U.S.C. 
     1158(b)) is amended by adding at the end the following:
       ``(4) Changed country conditions.--The Attorney General 
     shall accept and grant a motion filed not later than 6 months 
     after the date of the enactment of this paragraph for a 
     rehearing before an immigration judge for an application for 
     asylum or withholding of removal if the alien--
       ``(A) is a religious minority from Iraq or an ethnic 
     Albanian who fled Albania or the former Yugoslavia (Kosovo, 
     Montenegro, and Macedonia) whose claim was denied by an 
     immigration judge in whole or in part on the basis of changed 
     country conditions on or after March 1, 2003; and
       ``(B) remained in the United States as of the date of the 
     enactment of this paragraph.''.

[[Page S7202]]

                                 ______
                                 
  SA 1342. Mr. LEVIN (for himself and Ms. Mikulski) 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 173, line 38, insert ``In this paragraph, the 
     county unemployment rate shall be determined, for seasonal 
     businesses, during the period in the preceding year when the 
     Y nonimmigrant would have been employed.'' after ``7 
     percent.''.
                                 ______
                                 
  SA 1343. Mr. LEVIN (for himself, Mrs. Clinton, Mr. Tester, 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:

       On page 6, between lines 5 and 6, strike insert the 
     following:
       (c) Sense of Congress.--It is the sense of Congress that 
     sufficient funds should be appropriated to allow the 
     Secretary to increase by 1,722 the number of full time border 
     patrol agents, immigration inspectors, and customs inspectors 
     at the northern border pursuant to authorizations under--
       (1) section 402 of the USA PATRIOT Act of 2002 (Public Law 
     107-56);
       (2) section 331 of the Trade Act of 2002 (Public Law 107-
     210); and
       (3) section 5202 of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458), as amended by 
     subsection (b) of this section.
                                 ______
                                 
  SA 1344. Mr. BYRD (for himself, Mr. Gregg, and Mr. Cochran) 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 VI, insert the following:

     SEC. __. SUPPLEMENTAL IMMIGRATION FEE.

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

                                 ______
                                 
  SA 1345. Mrs. DOLE (for herself, Mr. Burr, and Mr. Grassley) 
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 303, between lines 19 and 20, insert the following:
       (s) Definition of Aggravated Felony and Additional Grounds 
     for Ineligibility for Z Nonimmigrant Status.--
       (1) Aggravated felony.--Section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is 
     amended--
       (A) by striking ``and'' at the end of subparagraph (T);
       (B) by striking the period at the end of subparagraph (U) 
     and inserting ``; and'' and
       (C) by adding at the end the following:
       ``(V) a second conviction for drunk driving, regardless of 
     the State in which the conviction occurred or whether the 
     offense is classified as a misdemeanor or a felony under 
     State law.''.
       (2) Grounds for ineligibility.--In addition to the grounds 
     of ineligibility described in subsection (d)(1)(F), an alien 
     shall be ineligible for Z nonimmigrant status if the alien 
     has been convicted of drunk driving, regardless of the State 
     in which the conviction occurred or whether the offense is 
     classified as a misdemeanor or a felony under State law.
                                 ______
                                 
  SA 1346. 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 VII, insert the following:

     SEC. 711. INTERNATIONAL REGISTERED TRAVELER PROGRAM.

       Section 7208(k)(3) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to 
     read as follows:
       ``(3) International registered traveler program.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     establish an international registered traveler program that 
     incorporates available technologies, such as biometrics and 
     e-passports, and security threat assessments to expedite the 
     screening and processing of international travelers, 
     including United States Citizens and residents, who enter and 
     exit the United States. The program shall be coordinated with 
     the US-VISIT program, other pre-screening initiatives, and 
     the Visa Waiver Program within the Department of Homeland 
     Security.
       ``(B) Fees.--The Secretary may impose a fee for the program 
     established under subparagraph (A) and may modify such fee 
     from time to time. The fee may not exceed the aggregate costs 
     associated with the program and shall be credited to the 
     Department of Homeland Security for purposes of carrying out 
     the international registered traveler program. Amounts so 
     credited shall remain available until expended.
       ``(C) Rulemaking.--Within 180 days after the date of 
     enactment of the Secure Borders, Economic Opportunity and 
     Immigration Reform Act of 2007, the Secretary shall initiate 
     a rulemaking to establish the program, criteria for 
     participation, and the fee for the program.
       ``(D) Implementation.--Not later than 1 year after the date 
     of enactment of the Secure Borders, Economic Opportunity and 
     Immigration Reform Act of 2007, the Secretary shall establish 
     a phased-implementation of a biometric-based international 
     registered traveler program in conjunction with the US-VISIT 
     entry and exit system, other pre-screening initiatives, and 
     the Visa Waiver Program within the Department of Homeland 
     Security at United States airports with the highest volume of 
     international travelers.
       ``(E) Participation.--The Secretary shall ensure that the 
     international registered traveler program includes as many 
     participants as practicable by--
       ``(i) establishing a reasonable cost of enrollment;
       ``(ii) making program enrollment convenient and easily 
     accessible; and
       ``(iii) providing applicants with clear and consistent 
     eligibility guidelines.
       ``(F) Technologies.--The Secretary shall coordinate with 
     the Secretary of State to define a schedule for their 
     respective departments for the deployment of appropriate 
     technologies to begin capturing applicable and sufficient 
     biometrics from visa applicants and individuals seeking 
     admission to the United States, if such visa applicant or 
     individual has not previously provided such information, at 
     each consular location and port of entry. The Secretary of 
     Homeland Security shall also coordinate with the Secretary of 
     State regarding the feasibility of allowing visa applicants 
     or individuals to enroll in the International Registered 
     Traveler program at consular offices.''.

                                 ______
                                 
  SA 1347. Mr. HATCH 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. __. ESTABLISHMENT OF AN ADDITIONAL UNITED STATES 
                   ATTORNEY OFFICE AND AN ADDITIONAL IMMIGRATION 
                   AND CUSTOMS ENFORCEMENT OFFICE.

       (a) Establishment of a Satellite United States Attorney 
     Office in St. George, Utah.--The Attorney General, acting 
     through the United States Attorney for the District of Utah, 
     shall establish a satellite office under the jurisdiction of 
     the United States Attorney for the District of Utah in St. 
     George, Utah. One of the primary functions of the satellite 
     office shall be to prosecute and deter criminal activities 
     commonly involving illegal immigrants.
       (b) Immigration and Customs Enforcement Office.--
       (1) Establishment.--The Secretary, acting through the 
     Assistant Secretary of Homeland Security for United States 
     Immigration and Customs Enforcement, shall establish an 
     office under the jurisdiction of the Assistant Secretary 
     within the vicinity of the intersection U.S. Highway 191 and 
     U.S. Highway 491 to reduce the flow of illegal immigrants 
     into the interior of the United States.
       (2) Staffing.--The office established under paragraph (1) 
     shall be staffed by 5 full-time employees, of whom--
       (A) 3 shall work for the Office of Investigations; and
       (B) 2 shall work for the Office of Detention and Removal 
     Operations.
       (3) Other resources.--The Assistant Secretary shall provide 
     the office established

[[Page S7203]]

     under paragraph (1) with the resources necessary to 
     accomplish the purposes of this subsection, including office 
     space, detention beds, and vehicles.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to carry out this subsection--
       (A) $1,100,000 for fiscal year 2008; and
       (B) such sums as may be necessary for each of the fiscal 
     years 2009 through 2012.
                                 ______
                                 
  SA 1348. Mr. VOINOVICH 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 4, strike line 1 and insert the following:
       (e) Additional Consultation.--Notwithstanding subsection 
     (a), the certification by the Secretary of Homeland Security 
     under subsection (a) shall be prepared in consultation with 
     the Comptroller General, the Committee on the Judiciary and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, and the Committee on the Judiciary and the 
     Committee on Homeland Security of the House of 
     Representatives.

                      TITLE I--BORDER ENFORCEMENT

                                 ______
                                 
  SA 1349. Mr. VOINOVICH 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 4, strike line 1 and insert the following:
       (e) Additional Consultation.--Notwithstanding subsection 
     (a), the certification by the Secretary of Homeland Security 
     under subsection (a) shall be prepared--
       (1) based on analysis by the Comptroller General; and
       (2) in consultation with the Comptroller General, the 
     Committee on the Judiciary and the Committee on Homeland 
     Security and Governmental Affairs of the Senate, and the 
     Committee on the Judiciary and the Committee on Homeland 
     Security of the House of Representatives.

                      TITLE I--BORDER ENFORCEMENT

                                 ______
                                 
  SA 1350. Mr. SPECTER (for himself and Mrs. Feinstein) submitted an 
amendment intended to be proposed by him to the bill S. 1348, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     TITLE __--BOARD OF IMMIGRATION APPEALS AND IMMIGRATION JUDGES

     SEC. __01. BOARD OF IMMIGRATION APPEALS.

       (a) Composition and Appointment.--Notwithstanding any other 
     provision of law, the Board of Immigration Appeals of the 
     Department of Justice (referred to in this title as the 
     ``Board''), shall be composed of a Chair and 22 other 
     immigration appeals judges, who shall be appointed by the 
     Attorney General. Upon the expiration of a term of office, a 
     Board member may continue to act until a successor has been 
     appointed and qualified.
       (b) Qualifications.--Each member of the Board, including 
     the Chair, shall--
       (1) be an attorney in good standing of a bar of a State or 
     the District of Columbia;
       (2) have at least--
       (A) 7 years of professional, legal expertise; or
       (B) 5 years of professional, legal expertise in immigration 
     and nationality law; and
       (3) meet the minimum appointment requirements of an 
     administrative law judge under title 5, United States Code.
       (c) Duties of the Chair.--The Chair of the Board, subject 
     to the supervision of the Director of the Executive Office 
     for Immigration Review, shall--
       (1) be responsible, on behalf of the Board, for the 
     administrative operations of the Board and shall have the 
     power to appoint such administrative assistants, attorneys, 
     clerks, and other personnel as may be needed for that 
     purpose;
       (2) direct, supervise, and establish internal operating 
     procedures and policies of the Board;
       (3) designate a member of the Board to act as Chair if the 
     Chair is absent or unavailable;
       (4) adjudicate cases as a member of the Board;
       (5) form 3-member panels as provided by subsection (g);
       (6) direct that a case be heard en banc as provided by 
     subsection (h); and
       (7) exercise such other authorities as the Director may 
     provide.
       (d) Board Member Duties.--In deciding a case before the 
     Board, the Board--
       (1) shall exercise independent judgment and discretion; and
       (2) may take any action that is appropriate and necessary 
     for the disposition of such case that is consistent with the 
     authority provided in this section and any regulations 
     established in accordance with this section.
       (e) Jurisdiction.--
       (1) In general.--The Board shall have jurisdiction to hear 
     appeals described in section 1003.1(b) of title 8, Code of 
     Federal Regulations (or any corresponding similar 
     regulation).
       (2) Limitation.--The Board shall not have jurisdiction to 
     hear an appeal of a decision of an immigration judge for an 
     order of removal entered in absentia.
       (f) Scope of Review.--
       (1) Findings of fact.--The Board shall--
       (A) accept findings of fact determined by an immigration 
     judge, including findings as to the credibility of testimony, 
     unless the findings are clearly erroneous; and
       (B) give due deference to an immigration judge's 
     application of the law to the facts.
       (2) Questions of law.--The Board shall review de novo 
     questions of law, discretion, and judgment, and all other 
     issues in appeals from decisions of immigration judges.
       (3) Appeals from officer's decisions.--
       (A) Standards of review.--The Board shall review de novo 
     all questions arising in appeals from decisions issued by 
     officers of the Department.
       (B) Prohibition of fact finding.--Except for taking 
     administrative notice of commonly known facts such as current 
     events or the contents of official documents, the Board may 
     not engage in fact-finding in the course of deciding appeals.
       (C) Remand.--A party asserting that the Board cannot 
     properly resolve an appeal without further fact-finding shall 
     file a motion for remand. If further fact-finding is needed 
     in a case, the Board shall remand the proceeding to the 
     immigration judge or, as appropriate, to the Secretary.
       (g) Panels.--
       (1) In general.--Except as provided in paragraph (5) all 
     cases shall be subject to review by a 3-member panel. The 
     Chair shall divide the Board into 3-member panels and 
     designate a presiding member.
       (2) Authority.--Each panel may exercise the appropriate 
     authority of the Board that is necessary for the adjudication 
     of cases before the Board.
       (3) Quorum.--Two members appointed to a panel shall 
     constitute a quorum for such panel.
       (4) Changes in composition.--The Chair may from time to 
     time make changes in the composition of a panel and of the 
     presiding member of a panel.
       (5) Presiding member decisions.--The presiding member of a 
     panel may act alone on any motion as provided in paragraphs 
     (2) and (3) of subsection (i) and may not otherwise dismiss 
     or determine an appeal as a single Board member.
       (h) En Banc Process.--
       (1) In general.--The Board may on its own motion, by a 
     majority vote of the Board members, or by direction of the 
     Chair--
       (A) consider any case as the full Board en banc; or
       (B) reconsider as the full Board en banc any case that has 
     been considered or decided by a 3-member panel or by a 
     limited en banc panel.
       (2) Quorum.--A majority of the Board members shall 
     constitute a quorum of the Board sitting en banc.
       (i) Decisions of the Board.--
       (1) Affirmance without opinion.--Upon individualized review 
     of a case, the Board may affirm the decision of an 
     immigration judge without opinion only if--
       (A) the decision of the immigration judge resolved all 
     issues in the case;
       (B) the issue on appeal is squarely controlled by existing 
     Board or Federal court precedent and does not involve the 
     application of precedent to a novel fact situation;
       (C) the factual and legal questions raised on appeal are so 
     insubstantial that the case does not warrant the issuance of 
     a written opinion in the case; and
       (D) the Board approves both the result reached in the 
     decision below and all of the reasoning of that decision.
       (2) Summary dismissal of appeals.--The 3-member panel or 
     the presiding member acting alone may summarily dismiss any 
     appeal or portion of any appeal in any case which--
       (A) the party seeking the appeal fails to specify the 
     reasons for the appeal;
       (B) the only reason for the appeal specified by such party 
     involves a finding of fact or a conclusion of law that was 
     conceded by that party at a prior proceeding;
       (C) the appeal is from an order that granted such party the 
     relief that had been requested;
       (D) the appeal is determined to be filed for an improper 
     purpose, such as to cause unnecessary delay; or
       (E) the appeal lacks an arguable basis in fact or in law 
     and is not supported by a good faith argument for extension, 
     modification, or reversal of existing law.
       (3) Unopposed dispositions.--The 3-member panel or the 
     presiding member acting alone may--
       (A) grant an unopposed motion or a motion to withdraw an 
     appeal pending before the Board; or
       (B) adjudicate a motion to remand any appeal--
       (i) from the decision of an officer of the Department if 
     the appropriate official of the Department requests that the 
     matter be remanded back for further consideration;
       (ii) if remand is required because of a defective or 
     missing transcript; or
       (iii) if remand is required for any other procedural or 
     ministerial issue.
       (4) Notice of right to appeal.--The decision by the Board 
     shall include notice to the alien of the alien's right to 
     file a petition for review in a United States Court of 
     Appeals

[[Page S7204]]

     not later than 30 days after the date of the decision.

     SEC. __02. IMMIGRATION JUDGES.

       (a) Appointment of Immigration Judges.--
       (1) In general.--The Chief Immigration Judge (as described 
     in section 1003.9 of title 8, Code of Federal Regulations, or 
     any corresponding similar regulation) and other immigration 
     judges shall be appointed by the Attorney General. Upon the 
     expiration of a term of office, the immigration judge may 
     continue to act until a successor has been appointed and 
     qualified.
       (2) Qualifications.--Each immigration judge, including the 
     Chief Immigration Judge, shall be an attorney in good 
     standing of a bar of a State or the District of Columbia and 
     shall have at least 5 years of professional, legal expertise 
     or at least 3 years professional or legal expertise in 
     immigration and nationality law.
       (b) Jurisdiction.--An Immigration judge shall have the 
     authority to hear matters related to any removal proceeding 
     pursuant to section 240 of the Immigration and Nationality 
     Act (8 U.S.C. 1229a) described in section 1240.1(a) of title 
     8, Code of Federal Regulations (or any corresponding similar 
     regulation).
       (c) Duties of Immigration Judges.--In deciding a case, an 
     immigration judge--
       (1) shall exercise independent judgment and discretion; and
       (2) may take any action that is appropriate and necessary 
     for the disposition of such case that is consistent with 
     their authorities under this section and regulations 
     established in accordance with this section.
       (d) Review.--Decisions of immigration judges are subject to 
     review by the Board of Immigration Appeals in any case in 
     which the Board has jurisdiction.

     SEC. __03. REMOVAL AND REVIEW OF JUDGES.

       No immigration judge or member of the Board may be removed 
     or otherwise subject to disciplinary or adverse action for 
     their exercise of independent judgment and discretion as 
     prescribed by this title.

     SEC. __04. REGULATIONS.

       Not later than 180 days after the date of the enactment of 
     this Act, the Attorney General shall issue regulations to 
     implement this title.

     SEC. __05. SENIOR JUDGE PARTICIPATION.

       (a) In General.--Section 296 of title 28, United States 
     Code, is amended by inserting at the end of the second 
     undesignated paragraph the following new sentence: ``However, 
     a judge who has retired from regular active service under 
     section 371(b) of this title, when designated and assigned to 
     the court to which such judge was appointed, shall have all 
     the powers of a judge of that court, including participation 
     in appointment of court officers and magistrate judges, 
     rulemaking, governance, and administrative matters.''.
       (b) Senior Judges.--Section 631(a) of title 28, United 
     States Code, is amended by striking ``Northern Mariana 
     Islands'' the first place it appears and inserting ``Northern 
     Mariana Islands (including any judge in regular active 
     service and any judge who has retired from regular active 
     service under section 371(b) of this title, when designated 
     and assigned to the court to which such judge was 
     appointed)''.

                                 ______
                                 
  SA 1351. Mr. KYL 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 277, line 25, strike ``$1,000'' and insert 
     ``$2,500''.
                                 ______
                                 
  SA 1352. Mr. KYL 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 286, beginning on line 4, strike all through line 
     10, and insert the following:
       (iii) for humanitarian purposes, to ensure family unity, or 
     if such waiver is otherwise in the public interest, the 
     Secretary may, in the Secretary's discretion, waive the 
     application of paragraphs (1)(C), (2)(D)(i) (when the alien 
     demonstrates that such actions or activities were committed 
     involuntarily), (5)(A), (6)(A) (with respect to entries 
     occurring before January 1, 2007), (6)(C)(ii), (6)(D), 
     (6)(F), (6)(G), (7), (9)(B), (9)(C)(i)(I), and (10)(B) of 
     section 212(a) of the Immigration and Nationality Act; and
                                 ______
                                 
  SA 1353. Mr. KYL 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 274, beginning on line 8, strike ``or the 
     beneficiary that cannot be relieved by temporary visits as a 
     nonimmigrant''.
                                 ______
                                 
  SA 1354. Mr. KYL 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 100, line 24, strike ``may'' and insert ``shall''.
                                 ______
                                 
  SA 1355. Mr. KYL 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 269, line 18, strike ``child or''.
                                 ______
                                 
  SA 1356. Mr. KYL 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 89, line 33, insert ``documents described in 
     section 218A(m) of the Immigration and Nationality Act, as 
     added by section 402 of this Act, and 601(j) of this Act,'' 
     after ``permanent resident card,''
                                 ______
                                 
  SA 1357. Mr. KYL 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:

       Beginning on page 154, strike line 23 and all that follows 
     through page 155, line 8, and insert the following:
       ``(2) Exception.--The Secretary of Homeland Security may 
     waive the termination of the period of authorized admission 
     of an alien who is a Y nonimmigrant for unemployment under 
     paragraph (1)(D) if the alien submits to the Secretary an 
     attestation under penalty of perjury in a form prescribed by 
     the Secretary, with supporting documentation, that 
     establishes that such unemployment was the result of--
       ``(A) a period of physical or mental disability of the 
     alien or the spouse, son, daughter, or parent (as defined in 
     section 101 of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2611)) of the alien;
       ``(B) a period of vacation, medical leave, maternity leave, 
     or similar leave from employment authorized by Federal or 
     State law or by a policy of the alien's employer; or
       ``(C) any other period of temporary unemployment that is 
     the direct result of a force majeure event.
       ``(3) Return to foreign residence.--An alien who is a Y 
     nonimmigrant whose period of authorized admission terminates 
     under paragraph (1) shall depart the United States 
     immediately.
       ``(k) Registration of Departure.--
       ``(1) In general.--An alien who is a Y nonimmigrant whose 
     period of authorized admission has expired under subsection 
     (i), or whose period of authorized admission terminates under 
     subsection (j), shall register the departure of such alien at 
     a designated port of departure in a manner to be prescribed 
     by the Secretary of Homeland Security.
       ``(2) Effect of failure to depart.--In the event an alien 
     described in paragraph (1) fails to depart the United States 
     or to register such departure as required by subsection 
     (j)(3), the Secretary of Homeland Security shall take 
     immediate action to determine the location of the alien and, 
     if the alien is located in the United States, to remove the 
     alien from the United States.
       ``(3) Invalidation of documentation.--Any documentation 
     issued by the Secretary of Homeland Security under subsection 
     (m) to an alien described in paragraph (1) shall be invalid 
     for any purpose except the departure of the alien on and 
     after the date on which the period of authorized admission of 
     such alien terminates.''.
                                 ______
                                 
  SA 1358. Mr. KYL 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:

       Beginning on page 262, strike line 34 and all that follows 
     through page 264, line 24, and insert the following:
       ``(A) The merit-based evaluation system shall consist of 
     the following criteria and weights:


------------------------------------------------------------------------
                                                                 Maximum
        Category                       Description               points
------------------------------------------------------------------------
``Employment              ....................................        47
Occupation                U.S. employment in specialty
                           occupation
                          (as defined by the Department of
                           Labor)--20 pts
                          U.S. employment in high demand
                           occupation (the 30 occupations that
                           have grown the most in the
                           preceding 10-year period, as
                           determined by the Bureau of Labor
                           Statistics)--16 pts
National interest/        U.S. employment in STEM or health
 critical infrastructure   occupation, current for at least 1
                           year--8 pts (extraordinary or
                           ordinary)
Employer endorsement      A U.S. employer willing to pay 50%
                           of a legal permanent resident's
                           application fee either 1) offers a
                           job, or (2) attests for a current
                           employee--6 pts
Experience                Years of work for U.S. firm--2 pts/
                           year
                           (max 10 points)
Age of worker             Worker's age: 25-39--3 pts
------------------------------------------------------------------------

[[Page S7205]]

 
``Education               M.D., M.B.A., Graduate degree, etc.--       28
(terminal degree)          20 pts
                          Bachelor's Degree--16 pts
                          Associate's Degree--10 pts
                          High school diploma or GED--6 pts
                          Completed certified Perkins
                           Vocational Education program--5 pts
                          Completed Department of Labor
                           Registered Apprenticeship--8 pts
                          STEM, associates and above--8 pts
------------------------------------------------------------------------
``English and civics      Native speaker of English or                15
                          TOEFL score of 75 or higher--15 pts
                          TOEFL score of 60-74--10 pts
                          Pass USCIS Citizenship Tests in
                           English & Civics--6 pts
------------------------------------------------------------------------
``Extended family         Adult (21 or older) son or daughter         10
 (Applied if threshold     of United States citizen--8 pts
 of 55 in above
 categories)
                          Adult (21 or older) son or daughter
                           of a legal permanent resident--6
                           pts
                          Sibling of United States citizen or
                           LPR--4 pts
                          If had applied for a family visa in
                           any of the above categories after
                           May 1, 2005--2 pts
------------------------------------------------------------------------
``Total                   ....................................       100
Supplemental schedule
 for Zs
Agriculture National      Worked in agriculture for 3 years,          25
 Interest                  150 days per year-21 pts
                          Worked in agriculture for 4 years
                           (150 days for 3 years, 100 days for
                           1 year)-23 pts
                          Worked in agriculture for 5 years,
                           100 days per year-25 pts
U.S. employment           Year of lawful employment-1 pt              15
 experience
Home ownership            Own place of residence-1 pt/year             5
                           owned
Medical insurance         Current medical insurance for entire         5
                           family
------------------------------------------------------------------------

       ``(B) The Secretary of Homeland Security, after 
     consultation with the Secretary of Commerce and the Secretary 
     of Labor, shall establish procedures to adjudicate petitions 
     filed pursuant to the merit-based evaluation system. The 
     Secretary may establish a time period in a fiscal year in 
     which such petitions must be submitted.
       ``(C) The Standing Commission on Immigration and Labor 
     Markets, established pursuant to section 412 of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007, shall submit recommendations to Congress to ensure that 
     the merit-based evaluation system corresponds to the current 
     needs of the United States economy and the national 
     interest.''.
                                 ______
                                 
  SA 1359. Mr. KYL 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 246, between lines 15 and 16, at the following:
       ``(G) As used in this section, all references to Test of 
     English as a Foreign Language (TOEFL) scores are based on the 
     TOEFL internet-based test scoring scale of 0-120. Applicants 
     using a TOEFL computer-based test or paper-based test, both 
     of which have different scoring scales, must achieve 
     comparable test scores as follows:
       ``(i) To be awarded 10 points on the merit-based evaluation 
     system, an applicant must achieve a TOEFL internet-based test 
     score of 60 to 74, a TOEFL computer-based test score of 170 
     to 203, or a TOEFL paper-based test score of 497 to 537.
       ``(ii) To be awarded 15 points on the merit-based 
     evaluation system, an applicant must achieve a TOEFL 
     internet-based test score of 75 or higher, a TOEFL computer-
     based test score greater than 203, or a TOEFL paper-based 
     test score greater than 537.''.
                                 ______
                                 
  SA 1360. Mr. KYL 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 subsection (f) of section 218A of the Immigration 
     and Nationality Act, as added by section 402.
                                 ______
                                 
  SA 1361. Mr. KYL 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 4, strike lines 12 through 26, and insert the 
     following:
       (2) Smuggling investigators and ice personnel.--
       (A) Smuggling personnel.--During each of the fiscal years 
     2008 through 2012, the Secretary of Homeland Security shall, 
     subject to the availability of appropriations, increase by 
     not less than 200 the number of positions for personnel 
     within the Department assigned to investigate alien 
     smuggling.
       (B) Increase in full-time united states immigration and 
     customs enforcement personnel.--
       (i) In general.--In each of the fiscal years 2008 through 
     2011, the Secretary of Homeland Security shall increase by 
     not less than 1,250 the number of positions for full-time 
     active duty forensic auditors, intelligence research 
     specialists, agents, officers, and investigators in the 
     United States Immigration and Customs Enforcement to carry 
     out the removal of aliens who are not admissible to, or are 
     subject to removal from, the United States, to investigate 
     immigration fraud, and to enforce workplace violations.
       (ii) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the provisions of this subparagraph.
       (C) Conforming amendment.--Section 5203 of the Intelligence 
     Reform and Terrorism Protection Act of 2004 (Public Law 108-
     458; 118 Stat. 3734) is repealed.
       On page 140, beginning on line 4, strike ``In each of the 
     five years beginning on the date of the enactment of this 
     Act, the appropriations necessary to increase to a level not 
     less than 4500'' and insert the following: ``In each of the 
     two years beginning on the date of the enactment of this Act, 
     the appropriations necessary to hire not less than 2500 a 
     year''.
                                 ______
                                 
  SA 1362. Mr. KYL 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 310, line 27, insert ``within 2 years of the date 
     of such denial, termination, or rescission of status, and 
     only'' after ``only''.
                                 ______
                                 
  SA 1363. Mr. STEVENS 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. __. ACCESS TO IMMIGRATION SERVICES IN AREAS THAT ARE NOT 
                   ACCESSIBLE BY ROAD.

       Notwithstanding any other provision of law, the Secretary 
     shall permit an employee of U.S. Customs and Border 
     Protection or U.S. Immigration and Customs Enforcement who 
     carries out the functions of U.S. Customs and Border 
     Protection or U.S. Immigration and Customs Enforcement in a 
     geographic area that is not accessible by road to carry out 
     any function that was performed by an employee of the 
     Immigration and Naturalization Service in such area prior to 
     the date of the enactment of the Homeland Security Act of 
     2002 (6 U.S.C. 101 et seq.).
                                 ______
                                 
  SA 1364. Mr. STEVENS 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. __. ESTABLISHMENT OF A CITIZENSHIP AND IMMIGRATION 
                   SERVICES OFFICE IN FAIRBANKS, ALASKA.

       (a) In General.--The Secretary, acting through the Director 
     for United States Citizenship and Immigration Services, shall 
     establish an office under the jurisdiction of the Director in 
     Fairbanks, Alaska, to provide citizenship and immigration 
     services.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated for each fiscal such sums as may be 
     necessary to carry out this section.
                                 ______
                                 
  SA 1365. 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:

       At the end of section 1, insert the following:
       (e) Agreement of Border Governors.--The programs described 
     in subsection (a) shall not become effective until at least 3 
     of the 4 governors of the States that share a land border 
     with Mexico agree that the border security and other measures 
     described in subsection (a) are established, funded, and 
     operational.
       (f) Defined Term.--In this section, the term ``operational 
     control'' means the prevention of all unlawful entries into 
     the United States, including entries by terrorists, other 
     unlawful aliens, instruments of terrorism, narcotics, and 
     other contraband.
                                 ______
                                 
  SA 1366. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 1348, to provide for comprehensive immigration 
reform

[[Page S7206]]

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

       At the appropriate place, insert the following:

     SEC. __. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON ENGLISH 
                   PROFICIENCY.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study on--
       (1) the needs of citizens and lawful permanent residents of 
     the United States whose native language is not English to 
     obtain English language and literacy proficiency;
       (2) the estimated costs to the public and private sector 
     resulting from those residents of the United States who lack 
     English language proficiency; and
       (3) the estimated costs of operating English language 
     acquisition programs in the public and private sector for 
     those residents of the United States who lack English 
     language proficiency.
       (b) Study Components.--The study conducted under subsection 
     (a) shall include--
       (1) an inventory of all existing Federal programs designed 
     to improve English language and literacy acquisition for 
     adult citizens and lawful permanent residents of the United 
     States, including--
       (A) a description of the purpose of each such program;
       (B) a summary of the Federal expenditures for each such 
     program during fiscal years 2002 through 2006;
       (C) data on the participation rates of individuals within 
     each such program and those who have expressed an interest in 
     obtaining English instruction but have been unable to 
     participate in existing programs;
       (D) a summary of evaluations and performance reviews of the 
     effectiveness and sustainability of each such program; and
       (E) a description of the coordination of Federal programs 
     with private and nonprofit programs;
       (2) the identification of model programs at the Federal, 
     State, and local level with demonstrated effectiveness in 
     helping adult citizens and lawful permanent residents of the 
     United States gain English language and literacy proficiency;
       (3) a summary of funding for State and local programs that 
     support improving the English language proficiency and 
     literacy of citizens and lawful permanent residents of the 
     United States;
       (4) a summary of the costs incurred and benefits received 
     by Federal, State, and local governments in serving citizens 
     and lawful permanent residents of the United States who are 
     not proficient in English, including--
       (A) costs for foreign language translators;
       (B) the production of documents in multiple languages; and
       (C) compliance with Executive Order 13166;
       (5) an analysis of the costs incurred by businesses that 
     employ citizens and lawful permanent residents of the United 
     States who are not proficient in English, including--
       (A) costs for English training and foreign language 
     translation;
       (B) an estimate of lost productivity; and
       (C) costs for providing English training to employees;
       (6) the number of lawful permanent residents who are 
     eligible to naturalize as citizens of the United States; and
       (7) recommendations regarding the most cost-effective 
     actions the Federal government could take to assist citizens 
     and lawful permanent residents of the United States to 
     quickly learn English.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report containing the findings from the 
     study conducted under this section to--
       (1) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Education and Labor of the House of 
     Representatives; and
       (4) the Committee on the Judiciary of the House of 
     Representatives.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for fiscal 
     years 2008 and 2009 to carry out this section.
                                 ______
                                 
  SA 1367. Mrs. BOXER 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 title 1, insert the following:
       (e) Effective Date.--
       (1) In general.--Notwithstanding subsection (a), the 
     programs established under title VI that grant legal status 
     to any individual or that adjust the current status of any 
     individual who is unlawfully present in the United States to 
     that of an alien lawfully admitted for permanent residence 
     shall become effective on the earlier of--
       (A) the date on which the Secretary submits a written 
     certification to the President and Congress in accordance 
     with subsection (a); or
       (B) the date that is 3 years after the date of the 
     enactment of this Act.
       (2) Presidential waiver.--The President may waive the 
     application of paragraph (1) for national security purposes.
                                 ______
                                 
  SA 1368. Mrs. BOXER 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:

       Section 601(m)(1)(B) is amended--
       (1) by redesignating clauses (i) through (iv) as subclauses 
     (I) through (IV), respectively, and indenting the subclauses 
     appropriately; and
       (2) by striking the matter preceding subclause (I) (as so 
     redesignated) and inserting the following:
       ``(B) Period of employment required.--
       ``(i) Applicability.--Any requirement of this title 
     relating to employment or the seeking of employment by an 
     alien shall not apply to any alien who is--

       ``(I) under the age of 16 years; or
       ``(II) over the age of 65 years.

       ``(ii) Requirement.--Subject to clause (i), each Z-1 or Z-3 
     nonimmigrant shall remain employed for not less than 150 
     total days during each applicable calendar year, except in a 
     case in which--''.
                                 ______
                                 
  SA 1369. Mr. GRASSLEY (for himself and Mr. Cornyn) 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 the subsection (a) of section 1, add the 
     following:
       (6) STAFF ENHANCEMENTS FOR CITIZENSHIP AND IMMIGRATION 
     SERVICES: The United States Citizenship and Immigration 
     Services has hired and trained 300 additional adjudicators.
       On page 3, line 33, strike ``(5)'' and insert ``(6)''.
                                 ______
                                 
  SA 1370. 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 title VII, add the following:

     SEC. 714. H-1B VISA EMPLOYER FEE.

       (a) In General.--Section 214(c)(15)(C), as added by section 
     713 of this Act, is amended to read as follows:
       ``(C) Of the amounts collected under this paragraph--
       ``(i) 14.38 percent shall be deposited in the Treasury in 
     accordance with section 286(y); and
       ``(ii) 85.72 percent shall be deposited in the Treasury in 
     accordance with section 286(z).''.
       (b) Use of Additional Fee.--Section 286 (8 U.S.C. 1356) is 
     amended--
       (1) by redesignating subsection (x), as added by section 
     712, as subsection (z); and
       (2) by inserting after subsection (x), as added by section 
     402(b), the following:
       ``(y) Gifted and Talented Students Education Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `Gifted and Talented Students Education Account'. 
     Notwithstanding any other provision of law, there shall be 
     deposited as offsetting receipts into the account 14.38 
     percent of the fees collected under section 214(c)(15).
       ``(2) Use of fees.--Amounts deposited into the account 
     established under paragraph (1) shall remain available to the 
     Secretary of Education until expended for programs and 
     projects authorized under the Jacob K. Javits Gifted and 
     Talented Students Education Act of 2001 (20 U.S.C. 7253 et 
     seq.).''.
                                 ______
                                 
  SA 1371. Mr. ENSIGN 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 602(a), strike paragraph (6).
                                 ______
                                 
  SA 1372. Mr. ENSIGN 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 602(a), strike paragraph (6).
       In section 214A(h) of the Immigration and Nationality Act, 
     as added by section 622(b), strike paragraph (2).
                                 ______
                                 
  SA 1373. Mr. ENSIGN 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(h) of the Immigration and Nationality Act, 
     as added by section 622(b), strike paragraph (2).
                                 ______
                                 
  SA 1374. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 1150 proposed by Mr. Reid (for Mr. Kennedy (for himself 
and Mr. Specter)) to the bill S. 1348, to provide for comprehensive 
immigration reform and for other purposes; as follows:

       Beginning on page 262, strike line 36 and all that follows 
     through page 264, line 1, and insert the following:


[[Page S7207]]



------------------------------------------------------------------------
     Category               Description               Maximum points
------------------------------------------------------------------------
Employment         ............................  66
Occupation         U.S. employment in specialty
                    occupation
                   (as defined by the
                    Department of Labor)-35 pts
                   Honorable Service within any
                    branch of the United States
                    Armed Services for (1) 4
                    years with an honorable
                    discharge, or (2) any
                    period of time pursuant to
                    a medical discharge-35 pts
                   U.S. employment in STEM or
                    health occupation, current
                    for at least 1 year
                    (extraordinary or ordinary)-
                    35 pts
Employer           A U.S. employer willing to
 endorsement        pay 50% of a legal
                    permanent resident's
                    application fee either 1)
                    offers a job, or 2) attests
                    for a current employee-23
                    pts
                   U.S. employment in high
                    demand occupation (the 30
                    occupations that have grown
                    the most in the preceding
                    10-year period, as
                    determined by the Bureau of
                    Labor Statistics)-21 pts
------------------------------------------------------------------------
U.S. employment    Years of lawful employment
 experience         for a U.S. employer (in the
                    case of agricultural
                    employment, 100 days of
                    work per year constitutes 1
                    year)-5 pts/year
                    (max 30 pts)
------------------------------------------------------------------------
Age of worker      Worker's age: 25-39-18 pts
------------------------------------------------------------------------
Education          Graduate degree in a STEM     50
(terminal degree)   field (including the health
                    sciences).-50 pts
                   Graduate degree in a non-
                    STEM field-34 pts
                   Bachelor's degree in a STEM
                    field (including the health
                    sciences)-40 pts
                   Bachelor's degree in a non-
                    STEM field-32 pts
                   Associate's degree in a STEM
                    field (including health
                    sciences)-30 pts
                   Associate's degree in a non-
                    STEM field-25 pts
                   Completed certified
                    Department of Labor
                    registered apprenticeship-
                    23 pts
                   High school diploma or GED-
                    21 pts
                   Completed certified Perkins
                    vocational education
                    program-20 pts
------------------------------------------------------------------------
English and        Native speaker of English or  30
 civics            TOEFL score of 100 or higher-
                    30 pts
                   TOEFL score of 90-99-25 pts
                   Pass USCIS Citizenship Tests
                    in English & Civics-21 pts
------------------------------------------------------------------------
Home ownership     Sole owner of place of        24
                    residence-8 pts per year of
                    ownership
------------------------------------------------------------------------
Medical insurance  Current private medical       30
                    insurance for entire family-
                    10 pts per year held
------------------------------------------------------------------------
Total              ............................  200
------------------------------------------------------------------------


                                 ______
                                 
  SA 1375. Mr. ENSIGN 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:

       Beginning on page 261, strike line 26 and all that follows 
     through page 262, line 8.
       On page 264, in the table preceding line 1, strike the 
     items relating to supplemental schedule for Zs.
       On page 272, strike lines 16 through 39.
                                 ______
                                 
  SA 1376. Mr. ENSIGN 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 272, strike lines 16 through 39.
                                 ______
                                 
  SA 1377. Mr. ENSIGN 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:

       Beginning on page 261, strike line 26 and all that follows 
     through page 262, line 8.
                                 ______
                                 
  SA 1378. Mr. ENSIGN (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:

       On page 302, line 34, strike ``(r) Definitions-'' and 
     insert the following:
       (r) Eligibility to Enlist in the United States Armed 
     Forces.--Notwithstanding section 504(b) of title 10, United 
     States Code, an alien who receives Z nonimmigrant status 
     shall be eligible to enlist in the United States Armed 
     Forces.
       (s) Definitions.--
                                 ______
                                 
  SA 1379. Mr. CRAIG 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 218E of the Immigration and 
     Nationality Act, as added by section 404, insert the 
     following:
       ``(i) Special Rules for Aliens Employed as Sheepherders or 
     Goat Herders.--Notwithstanding any other provision of this 
     Act, an alien admitted under section 101(a)(15)(H)(ii)(a) for 
     employment as a sheepherder or goat herder--
       ``(1) may be admitted for a period of up to 3 years;
       ``(2) shall be subject to readmission; and
       ``(3) shall not be subject to the requirements of 
     subsection (h)(4).''.
                                 ______
                                 
  SA 1380. 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) Staff enhancements for interior enforcement.--The 
     Assistant Secretary for Immigration and Customs Enforcement 
     has hired not less than 2,000 additional special agents to do 
     investigations, to include work enforcement.
       On page 3, line 33, strike ``(5)'' and insert ``(6)''.
                                 ______
                                 
  SA 1381. Mr. NELSON of Florida 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. __. RELIEF FOR WIDOWS AND ORPHANS.

       (a) Transition Period.--
       (1) In general.--In applying section 201(b)(2)(B) of the 
     Immigration and Nationality Act, as amended by this Act, to 
     an alien whose citizen relative died before the date of the 
     enactment of this Act, the alien relative may file a petition 
     under section 204(a)(1)(A)(ii) of such Act not later than 2 
     years after the date of the enactment of this Act.
       (2) Parole; adjustment of status.--If the alien was 
     excluded, deported, removed, or departed voluntarily before 
     the date of the enactment of this Act based solely upon the 
     alien's lack of classification as an immediate relative due 
     to the citizen relative's death--
       (A) such alien may be paroled into the United States 
     pursuant to section 212(d)(5); and
       (B) notwithstanding section 212(a)(9) of such Act, such 
     alien's application for adjustment of status shall be 
     considered by the Secretary.
       (b) Adjustment of Status.--Section 245 (8 U.S.C. 1255) is 
     amended by adding at the end the following:
       ``(n) Applications for Adjustment of Status by Surviving 
     Spouse and Children.--
       ``(1) In general.--Any alien described in paragraph (2) who 
     applied for adjustment of status before the death of the 
     qualifying relative, may have such application adjudicated as 
     if such death had not occurred.
       ``(2) Alien described.--An alien described in this 
     paragraph is an alien who--
       ``(A) is an immediate relative (as described in section 
     201(b)(2)(A));
       ``(B) is a family-sponsored immigrant (as described in 
     subsections (a) and (d) of subsection 203); or
       ``(C) is a derivative beneficiary of an employment-based 
     immigrant under section 203(b).''.
       (c) Transition Period.--
       (1) In general.--Notwithstanding a denial of an application 
     for adjustment of status, such application may be renewed by 
     an alien whose qualifying relative died before the date of 
     the enactment of this Act if a motion to reopen is filed, 
     without a fee, not later than 2 years after the date of the 
     enactment of this Act.
       (2) Parole; adjustment of status.--If the alien was 
     excluded, deported, removed, or departed voluntarily before 
     the date of the enactment of this Act--
       (A) such alien may be paroled into the United States 
     pursuant to section 212(d)(5) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(5)); and
       (B) notwithstanding section 212(a)(9) of such Act, such 
     alien's application for adjustment of status shall be 
     considered by the Secretary.
       (d) Processing of Immigrant Visas by the Department of 
     State .--Section 204(b) (8 U.S.C. 1154(b)) is amended--
       (1) by inserting ``(1)'' before ``After an investigation''; 
     and
       (2) by adding at the end the following:
       ``(2) Any alien described in paragraph (3) whose qualifying 
     relative died prior to completion of immigrant visa 
     processing may have an immigrant visa application adjudicated 
     as if such death had not occurred, and any immigrant visa 
     issued before the death of the qualifying relative shall 
     remain valid.
       ``(3) An alien described in this paragraph is an alien 
     who--
       ``(A) is an immediate relative (as described in section 
     201(b)(2)(A));

[[Page S7208]]

       ``(B) is a family-sponsored immigrant (as described in 
     subsections (a) and (d) of section 203); or
       ``(C) is a derivative beneficiary of an employment-based 
     immigrant under section 203(b).''.
       (e) Naturalization.--Section 319(a) (8 U.S.C. 1429(a)) is 
     amended by inserting ``or, if the spouse is deceased, was the 
     spouse of a citizen of the United States at the time of such 
     death,'' after ``citizen of the United States,''.
                                 ______
                                 
  SA 1382. 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 end of title VII, insert the following:

     SEC. 714. H-1B VISA EMPLOYER FEE.

       (a) In General.--Section 214(c)(15), as added by section 
     713 of this Act, is amended--
       (1) in subparagraph (A), by striking ``In each instance 
     where'' and inserting ``Except as provided under subparagraph 
     (D), if an employer seeks to hire a merit-based employer-
     sponsored immigrant described in section 203(b)(5) or if'';
       (2) by amending subparagraph (C) to read as follows:
       ``(C) Of the amounts collected under this paragraph--
       ``(i) 14.28 percent shall be deposited in the Treasury in 
     accordance with section 286(y); and
       ``(ii) 85.72 percent shall be deposited in the Treasury in 
     accordance with section 286(z).''; and
       (3) by adding at the end the following:
       ``(D) Public hospitals, which are owned and operated by a 
     State or a political subdivision of a State shall not be 
     subject to the supplemental fee imposed under this 
     paragraph.''.
       (b) Use of Additional Fee.--Section 286 (8 U.S.C. 1356) is 
     amended--
       (1) by redesignating subsection (x), as added by section 
     712, as subsection (z); and
       (2) by inserting after subsection (x), as added by section 
     402(b), the following:
       ``(y) Gifted and Talented Students Education Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `Gifted and Talented Students Education Account'. There 
     shall be deposited as offsetting receipts into the account 
     14.28 percent of the fees collected under section 214(c)(15).
       ``(2) Use of fees.--Amounts deposited into the account 
     established under paragraph (1) shall remain available to the 
     Secretary of Education until expended for programs and 
     projects authorized under the Jacob K. Javits Gifted and 
     Talented Students Education Act of 2001 (20 U.S.C. 7253 et 
     seq.).''.
                                 ______
                                 
  SA 1383. 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 end of title VII, insert the following:

     SEC. 714. H-1B VISA EMPLOYER FEE.

       (a) In General.--Section 214(c)(15), as added by section 
     713 of this Act, is amended--
       (1) in subparagraph (A), by striking ``In each instance 
     where'' and inserting ``Except as provided under subparagraph 
     (D), if'';
       (2) by amending subparagraph (C) to read as follows:
       ``(C) Of the amounts collected under this paragraph--
       ``(i) 14.28 percent shall be deposited in the Treasury in 
     accordance with section 286(y); and
       ``(ii) 85.72 percent shall be deposited in the Treasury in 
     accordance with section 286(z).''; and
       (3) by adding at the end the following:
       ``(D) Public hospitals, which are owned and operated by a 
     State or a political subdivision of a State shall not be 
     subject to the supplemental fee imposed under this 
     paragraph.''.
       (b) Use of Additional Fee.--Section 286 (8 U.S.C. 1356) is 
     amended--
       (1) by redesignating subsection (x), as added by section 
     712, as subsection (z); and
       (2) by inserting after subsection (x), as added by section 
     402(b), the following:
       ``(y) Gifted and Talented Students Education Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `Gifted and Talented Students Education Account'. There 
     shall be deposited as offsetting receipts into the account 
     14.28 percent of the fees collected under section 214(c)(15).
       ``(2) Use of fees.--Amounts deposited into the account 
     established under paragraph (1) shall remain available to the 
     Secretary of Education until expended for programs and 
     projects authorized under the Jacob K. Javits Gifted and 
     Talented Students Education Act of 2001 (20 U.S.C. 7253 et 
     seq.).''.
                                 ______
                                 
  SA 1384. Mr. SALAZAR (for himself and Mr. Domenici) proposed an 
amendment to amendment SA 1151 proposed by Mr. Inhofe (for himself, Mr. 
Alexander, Mr. Sessions, Mr. Enzi, Mr. Chambliss, Mr. Burr, Mr. 
Isakson, Mr. Bunning, and Mr. Coleman) to the amendment SA 1150 
proposed by Mr. Reid (for Mr. Kennedy (for himself and Mr. Specter)) to 
the bill S. 1348, to provide for comprehensive immigration reform and 
for other purposes; as follows:

       At the end of the matter proposed to be inserted, add the 
     following:

     SEC. 702A. DECLARATION OF ENGLISH AS LANGUAGE.

       (a) In General.--English is the common language of the 
     United States.
       (b) Preserving and Enhancing the Role of the English 
     Language.--The Government of the United States shall preserve 
     and enhance the role of English as the language of the United 
     States. Nothing in this Act shall diminish or expand any 
     existing rights under the laws of the United States relative 
     to services or materials provided by the Government of the 
     United States in any language other than English
       (c) Definition of Law.--For purposes of this section, the 
     term ``laws of the United States'' includes the Constitution 
     of the United States, any provision of Federal statute, or 
     any rule or regulation issued under such statute, any 
     judicial decisions interpreting such statute, or any 
     Executive Order of the President.
                                 ______
                                 
  SA 1385. Mr. REED 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, between lines 2 and 3, insert the following:
       (iv) Nonapplicability to certain aliens.--Clauses (i) 
     through (iii) shall not apply to any alien who qualifies for 
     a Z nonimmigrant visa and a subsequent adjustment of status 
     under section 244 of the Immigration and Nationality Act (8 
     U.S.C. 1254a).
       On page 304, line 36, strike ``must'' and insert ``(except 
     an alien granted legal status under section 244) shall''.
                                 ______
                                 
  SA 1386. Mr. LEAHY (for himself, Mr. Salazar, Mr. Cardin, and Mr. 
Hagel) 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. ___. PROTECTION FOR SCHOLARS.

       (a) Nonimmigrant Category.--Section 101(a)(15) (8 U.S.C. 
     1101(a)(15)) is amended by striking subparagraph (W), as 
     added by section 401(a)(4), and inserting the following:
       ``(W) subject to subsection (s) of section 214, an alien--
       ``(i) who the Secretary of Homeland Security determines--

       ``(I) is a scholar; and
       ``(II) is subject to a risk of grave danger or persecution 
     in the alien's country of nationality on account of the 
     alien's belief, scholarship, or identity; or

       ``(ii) who is the spouse or child of an alien described in 
     clause (i) who is accompanying or following to join such 
     alien;''.
       (b) Conditions.--Section 214 (8 U.S.C. 1184) is amended by 
     adding at the end the following new subsection:
       ``(s) Requirements Applicable to Persecuted Scholars.--
       ``(1) Eligibility.--
       ``(A) In general.--An alien is eligible for nonimmigrant 
     status under section 101(a)(15)(W)(i) if the alien is able to 
     demonstrate that the alien is a scholar in any field who is 
     subject to a risk of grave danger or persecution in the 
     alien's country of nationality on account of the alien's 
     belief, scholarship, or identity.
       ``(B) Consultation.--In determining eligibility of aliens 
     under subparagraph (A), the Secretary of Homeland Security 
     shall consult with nationally recognized organizations that 
     have not less than 5 years of experience in assisting and 
     funding scholars needing to escape dangerous conditions.
       ``(2) Numerical minimums.--The number of aliens who may be 
     issued visas or otherwise provided status as nonimmigrants 
     under section 1101(a)(15)(W) in any fiscal year may not be 
     less than 2,000, unless the Secretary determines that less 
     than 2,000 aliens who are qualified for such status are 
     seeking such status during the fiscal year.
       ``(3) Credible evidence considered.--In acting on any 
     application filed under this subsection, the consular officer 
     or the Secretary of Homeland Security, as appropriate, shall 
     consider any credible evidence relevant to the application, 
     including information received in connection with the 
     consultation required under paragraph (1)(B).
       ``(4) Nonexclusive relief.--Nothing in this subsection 
     limits the ability of an alien who qualifies for status under 
     section 101(a)(15)(W) to seek any other immigration benefit 
     or status for which the alien may be eligible.
       ``(5) Duration of status.--
       ``(A) Initial period.--The initial period of admission of 
     an alien granted status as a nonimmigrant under section 
     101(a)(15)(W) shall be not more than 2 years.
       ``(B) Extension of period.--The period of admission 
     described in subparagraph (A) may be extended for 1 
     additional 2-year period.''.

[[Page S7209]]

                                 ______
                                 
  SA 1387. Mr. REID 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 292, before line 34, insert the following:
       (E) Limitation.--An alien required to pay any applicable 
     Federal tax liability by reason of subparagraph (A), or who 
     otherwise satisfies the requirements of subparagraph (A), 
     shall not be allowed to file any claim for any tax credit 
     otherwise allowable under the Internal Revenue Code of 1986 
     for any taxable year preceding the taxable year in which such 
     application is made unless such credit reduces such alien's 
     income taxes for any such preceding taxable year.
                                 ______
                                 
  SA 1388. Mr. REID 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 292, before line 34, insert the following:
       (E) Limitation.--An alien required to pay any applicable 
     Federal tax liability by reason of subparagraph (A), or who 
     otherwise satisfies the requirements of subparagraph (A), 
     shall not be allowed to file any claim for any tax credit 
     otherwise allowable under the Internal Revenue Code of 1986 
     for any taxable year preceding the taxable year in which such 
     application is made unless such credit reduces such alien's 
     income taxes or self-employment taxes for any such preceding 
     taxable year.
                                 ______
                                 
  SA 1389. Mr. REID 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 292, before line 34, insert the following:
       (E) Limitation.--An alien required to pay any applicable 
     Federal tax liability by reason of subparagraph (A), or who 
     otherwise satisfies the requirements of subparagraph (A), 
     shall not be allowed to file any claim for any tax credit 
     otherwise allowable under the Internal Revenue Code of 1986 
     for any taxable year preceding the taxable year in which such 
     application is made unless 100 percent of such credit reduces 
     such alien's income taxes for any such preceding taxable 
     year.
                                 ______
                                 
  SA 1390. Mr. REID 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 292, before line 34, insert the following:
       (E) Limitation.--An alien required to pay any applicable 
     Federal tax liability by reason of subparagraph (A), or who 
     otherwise satisfies the requirements of subparagraph (A), 
     shall not be allowed to file any claim for any tax credit 
     otherwise allowable under the Internal Revenue Code of 1986 
     for any taxable year preceding the taxable year in which such 
     application is made unless 100 percent of such credit reduces 
     such alien's income taxes or self-employment taxes for any 
     such preceding taxable year.
                                 ______
                                 
  SA 1391. Mrs. FEINSTEIN 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 303, after line 19, insert the following:
       (s) Perjury and False Statements.--All application forms 
     for immigration benefits, relief, or status under this Act 
     (including application forms for Z non-immigrant status) 
     shall bear a warning to the applicant and to any other person 
     involved in the preparation of the application that the 
     making of any false statement or misrepresentation on the 
     application form (or any supporting documentation) will 
     subject the applicant or other person to prosecution for 
     false statement, fraud, or perjury under the applicable laws 
     of the United States, including sections 1001, 1546, and 1621 
     of title 18, United States Code.
       (t) Fraud Prevention Program.--The head of each department 
     responsible for the administration of a program or authority 
     to confer an immigration benefit, relief, or status under 
     this Act shall develop an administrative program to prevent 
     fraud within or upon such program or authority. Subject to 
     such modifications the head of the department may direct, the 
     program required by this subsection shall provide for fraud 
     prevention training for the relevant administrative 
     adjudicators within the department.
                                 ______
                                 
  SA 1392. Mr. MENENDEZ 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:

       Beginning on page 287, strike line 12 and all that follows 
     through line 35 on page 296, and insert the following:
       (6) Fees and penalties.--
       (A) Processing fees.--
       (i) An alien making an initial application for Z-1 
     nonimmigrant status shall be required to pay a processing fee 
     in an amount sufficient to recover the full cost of 
     adjudicating the application, but no more than $1,500 for a 
     Z-1 nonimmigrant.
       (ii) An alien applying for extension of the alien's Z-1 
     nonimmigrant status shall be required to pay a processing fee 
     in an amount sufficient to cover administrative and other 
     expenses associated with processing the extension 
     application, but no more than $1,000 for a Z-1 nonimmigrant.
       (B) Penalties.--
       (i) An alien making an initial application for Z-1 
     nonimmigrant status shall be required to pay, in addition to 
     the processing fee in subparagraph (A), a penalty of $1,000.
       (ii) An alien who is a Z-2 or Z-3 nonimmigrant and who has 
     not previously been a Z-1 nonimmigrant, and who changes 
     status to that of a Z-1 nonimmigrant, shall in addition to 
     processing fees be required to pay the initial application 
     penalties applicable to Z-1 nonimmigrants.
       (C) State impact assistance fee.--In addition to any other 
     amounts required to be paid under this subsection, a Z-1 
     nonimmigrant making an initial application for Z-1 
     nonimmigrant status shall be required to pay a State impact 
     assistance fee equal to $500.
       (D) Deposit and spending of fees.--The processing fees 
     under subparagraph (A) shall be deposited and remain 
     available until expended as provided by sections 286(m) and 
     (n).
       (E) Deposit, allocation, and spending of penalties.--
       (i) Deposit of penalties.--The penalty under subparagraph 
     (B) shall be deposited and remain available as provided by 
     section 286(w).
       (ii) Deposit of state impact assistance funds.--The funds 
     under subparagraph (C) shall be deposited and remain 
     available as provided by section 286(x).
       (7) Interview.--An applicant for Z nonimmigrant status must 
     appear to be interviewed.
       (8) Military selective service.--The alien shall establish 
     that if the alien is within the age period required under the 
     Military Selective Service Act (50 U.S.C. App. 451 et seq.) 
     that such alien has registered under that Act.
       (f) Application Procedures.--
       (1) In general.--The Secretary of Homeland Security shall 
     prescribe by notice in the Federal Register, in accordance 
     with the procedures described in section 610 of the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007 and the procedures for an alien in the United States to 
     apply for Z nonimmigrant status and the evidence required to 
     demonstrate eligibility for such status.
       (2) Initial receipt of applications.--The Secretary of 
     Homeland Security, or such other entities as are authorized 
     by the Secretary to accept applications under the procedures 
     established under this subsection, shall accept applications 
     from aliens for Z nonimmigrant status for a period of 1 year 
     starting the first day of the first month beginning no more 
     than 180 days after the date of enactment of this section. 
     If, during the 1-year initial period for the receipt of 
     applications for Z nonimmigrant status, the Secretary of 
     Homeland Security determines that additional time is required 
     to register applicants for Z nonimmigrant status, the 
     Secretary may in his discretion extend the period for 
     accepting applications by up to 12 months.
       (3) Biometric data.--Each alien applying for Z nonimmigrant 
     status must submit biometric data in accordance with 
     procedures established by the Secretary of Homeland Security.
       (g) Content of Application Filed by Alien.--
       (1) Application form.--The Secretary of Homeland Security 
     shall create an application form that an alien shall be 
     required to complete as a condition of obtaining Z 
     nonimmigrant status.
       (2) Application information.--The application form shall 
     request such information as the Secretary deems necessary and 
     appropriate, including but not limited to, information 
     concerning the alien's physical and mental health; complete 
     criminal history, including all arrests and dispositions; 
     gang membership, renunciation of gang affiliation; 
     immigration history; employment history; and claims to United 
     States citizenship.
       (3) Security and law enforcement background checks.--
       (A) Submission of fingerprints.--The Secretary may not 
     accord Z nonimmigrant status unless the alien submits 
     fingerprints and other biometric data in accordance with 
     procedures established by the Secretary.
       (B) Background checks.--The Secretary shall utilize 
     fingerprints and other biometric data provided by the alien 
     to conduct appropriate background checks of such alien to 
     search for criminal, national security, or other law 
     enforcement actions that would render the alien ineligible 
     for classification under this section.
       (h) Treatment of Applicants.--
       (1) In general.--An alien who files an application for Z 
     nonimmigrant status shall, upon submission of any evidence 
     required under subsections (f) and (g) and after the

[[Page S7210]]

     Secretary has conducted appropriate background checks, to 
     include name and fingerprint checks, that have not by the end 
     of the next business day produced information rendering the 
     applicant ineligible--
       (A) be granted probationary benefits in the form of 
     employment authorization pending final adjudication of the 
     alien's application;
       (B) may in the Secretary's discretion receive advance 
     permission to re-enter the United States pursuant to existing 
     regulations governing advance parole;
       (C) may not be detained for immigration purposes, 
     determined inadmissible or deportable, or removed pending 
     final adjudication of the alien's application, unless the 
     alien is determined to be ineligible for Z nonimmigrant 
     status; and
       (D) may not be considered an unauthorized alien (as defined 
     in section 274A(h)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(3))) unless employment authorization under 
     subparagraph (A) is denied.
       (2) Timing of probationary benefits.--No probationary 
     benefits shall be issued to an alien until the alien has 
     passed all appropriate background checks or the end of the 
     next business day, whichever is sooner.
       (3) Construction.--Nothing in this section shall be 
     construed to limit the Secretary's authority to conduct any 
     appropriate background and security checks subsequent to 
     issuance of evidence of probationary benefits under paragraph 
     (4).
       (4) Probationary authorization document.--The Secretary 
     shall provide each alien described in paragraph (1) with a 
     counterfeit-resistant document that reflects the benefits and 
     status set forth in subsection (h)(1). The Secretary may by 
     regulation establish procedures for the issuance of 
     documentary evidence of probationary benefits and, except as 
     provided herein, the conditions under which such documentary 
     evidence expires, terminates, or is renewed. All documentary 
     evidence of probationary benefits shall expire no later than 
     6 months after the date on which the Secretary begins to 
     approve applications for Z nonimmigrant status.
       (5) Before application period.--If an alien is apprehended 
     between the date of enactment and the date on which the 
     period for initial registration closes under subsection 
     (f)(2), and the alien can establish prima facie eligibility 
     for Z nonimmigrant status, the Secretary shall provide the 
     alien with a reasonable opportunity to file an application 
     under this section after such regulations are promulgated.
       (6) During certain proceedings.--Notwithstanding any 
     provision of the Act, if the Secretary determines that an 
     alien who is in removal proceedings is prima facie eligible 
     for Z nonimmigrant status, then the Secretary shall 
     affirmatively communicate such determination to the 
     immigration judge. The immigration judge shall then terminate 
     or administratively close such proceedings and permit the 
     alien a reasonable opportunity to apply for such 
     classification.
       (i) Adjudication of Application Filed by Alien.--
       (1) In general.--The Secretary may approve the issuance of 
     documentation of status, as described in subsection (j), to 
     an applicant for a Z nonimmigrant visa who satisfies the 
     requirements of this section.
       (2) Evidence of continuous physical presence, employment, 
     or education.--
       (A) Presumptive documents.--A Z nonimmigrant or an 
     applicant for Z nonimmigrant status may presumptively 
     establish satisfaction of each required period of presence, 
     employment, or study by submitting records to the Secretary 
     that demonstrate such presence, employment, or study, and 
     that the Secretary verifies have been maintained by the 
     Social Security Administration, the Internal Revenue Service, 
     or any other Federal, State, or local government agency.
       (B) Verification.--Each Federal agency, and each State or 
     local government agency, as a condition of receipt of any 
     funds under section 286(x), shall within 90 days of enactment 
     ensure that procedures are in place under which such agency 
     shall--
       (i) consistent with all otherwise applicable laws, 
     including but not limited to laws governing privacy, provide 
     documentation to an alien upon request to satisfy the 
     documentary requirements of this paragraph; or
       (ii) notwithstanding any other provision of law, including 
     section 6103 of title 26, United States Code, provide 
     verification to the Secretary of documentation offered by an 
     alien as evidence of--

       (I) presence or employment required under this section; or
       (II) a requirement for any other benefit under the 
     immigration laws.

       (C) Other documents.--A Z nonimmigrant or an applicant for 
     Z nonimmigrant status who is unable to submit a document 
     described in subparagraph (i) may establish satisfaction of 
     each required period of presence, employment, or study by 
     submitting to the Secretary at least 2 other types of 
     reliable documents that provide evidence of employment, 
     including--
       (i) bank records;
       (ii) business records;
       (iii) employer records;
       (iv) records of a labor union or day labor center;
       (v) remittance records; and
       (vi) sworn affidavits from nonrelatives who have direct 
     knowledge of the alien's work, that contain--

       (I) the name, address, and telephone number of the affiant;
       (II) the nature and duration of the relationship between 
     the affiant and the alien; and
       (III) other verification or information.

       (D) Additional documents.--The Secretary may--
       (i) designate additional documents to evidence the required 
     period of presence, employment, or study; and
       (ii) set such terms and conditions on the use of affidavits 
     as is necessary to verify and confirm the identity of any 
     affiant or otherwise prevent fraudulent submissions.
       (3) Burden of proof.--An alien who is applying for a Z 
     nonimmigrant visa under this section shall prove, by a 
     preponderance of the evidence, that the alien has satisfied 
     the requirements of this section.
       (4) Denial of application.--
       (A) An alien who fails to satisfy the eligibility 
     requirements for a Z nonimmigrant visa shall have his 
     application denied and may not file additional applications.
       (B) An alien who fails to submit requested initial 
     evidence, including requested biometric data, and requested 
     additional evidence by the date required by the Secretary 
     shall, except where the alien demonstrates to the 
     satisfaction of the Secretary that such failure was 
     reasonably excusable or was not willful, have his application 
     considered abandoned. Such application shall be denied and 
     the alien may not file additional applications.
       (j) Evidence of Nonimmigrant Status.--
       (1) In general.--Documentary evidence of nonimmigrant 
     status shall be issued to each Z nonimmigrant.
       (2) Features of documentation.--Documentary evidence of Z 
     nonimmigrant status--
       (A) shall be machine-readable, tamper-resistant, and shall 
     contain a digitized photograph and other biometric 
     identifiers that can be authenticated;
       (B) shall be designed in consultation with United States 
     Immigration and Customs Enforcement's Forensic Document 
     Laboratory;
       (C) shall, during the alien's authorized period of 
     admission under subsection (k), serve as a valid travel and 
     entry document for the purpose of applying for admission to 
     the United States where the alien is applying for admission 
     at a Port of Entry;
       (D) may be accepted during the period of its validity by an 
     employer as evidence of employment authorization and identity 
     under section 274A(b)(1)(B); and
       (E) shall be issued to the Z nonimmigrant by the Secretary 
     of Homeland Security promptly after final adjudication of 
     such alien's application for Z nonimmigrant status, except 
     that an alien may not be granted permanent Z nonimmigrant 
     status until all appropriate background checks on the alien 
     are completed to the satisfaction of the Secretary of 
     Homeland Security.
       (k) Period of Authorized Admission.--
       (1) Initial period.--The initial period of authorized 
     admission as a Z nonimmigrant shall be 4 years.
       (2) Extensions.--
       (A) In general.--Z nonimmigrants may seek an indefinite 
     number of 4-year extensions of the initial period of 
     authorized admission.
       (B) Requirements.--In order to be eligible for an extension 
     of the initial or any subsequent period of authorized 
     admission under this paragraph, an alien must satisfy the 
     following requirements:
       (i) Eligibility.--The alien must demonstrate continuing 
     eligibility for Z nonimmigrant status.
       (ii) English language and civics.--

       (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 must demonstrate an 
     attempt to gain an understanding of the English language and 
     knowledge of United States civics by taking the 
     naturalization test described in sections 312(a)(1) and (2) 
     by demonstrating enrollment in or placement on a waiting list 
     for English classes.
       (II) Requirement at second renewal.--At or before the time 
     of application for the second extension of Z nonimmigrant 
     status, an alien who is 18 years of age or older must pass 
     the naturalization test described in sections 312(a)(1) and 
     (2). The alien may make up to 3 attempts to demonstrate such 
     understanding and knowledge but must satisfy this requirement 
     prior to the expiration of the second extension of Z 
     nonimmigrant status.
       (III) Exception.--The requirement of subclauses (I) and 
     (II) 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 because of physical or developmental 
     disability or mental impairment to comply therewith;
       (bb) is over 50 years of age and has been living in the 
     United States for periods totaling at least 20 years; or
       (cc) is over 55 years of age and has been living in the 
     United States for periods totaling at least 15 years.
       (iii) Employment.--With respect to an extension of Z-1 or 
     Z-3 nonimmigrant status an alien must demonstrate 
     satisfaction of the employment or study requirements provided 
     in subsection (m) during the alien's most recent authorized 
     period of stay as of the date of application; and
       (iv) Fees.--The alien must pay a processing fee in an 
     amount sufficient to recover the full cost of adjudicating 
     the application,

[[Page S7211]]

     but no more than $1,000 for a Z-1 nonimmigrant.
                                 ______
                                 
  SA 1393. Mr. CONRAD 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 238, line 21, strike ``in the first sentence'' and 
     insert ``and inserting `(other than a nonimmigrant described 
     in subparagraph (E)(iii), (H)(i) (except subclause (b1)), (J) 
     (if coming to the United States to receive graduate medical 
     education or training described in section 212(j)(1) or to 
     take examinations required to receive such graduate medical 
     education or training), (L), or (V) of section 101(a)(15))' 
     ''.

                                 ______
                                 
  SA 1394. Mr. CONRAD (for himself and Mr. Brownback) 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 425, add at the end the following:
       (j) Federal Physician Waiver Program.--Section 214(l) (8 
     U.S.C. 1184(l)), as amended by this section, is further 
     amended by adding at the end the following:
       ``(5) In administering the Federal physician waiver program 
     authorized under paragraph (1)(C), the Secretary of Health 
     and Human Services shall accept applications from--
       ``(A) primary care physicians and physicians practicing 
     specialty medicine; and
       ``(B) hospitals and health care facilities of any type 
     located in an area that the Secretary has designated as 
     having a shortage of physicians, including--
       ``(i) a Health Professional Shortage Area (as defined in 
     section 332(a)(1) of the Public Health Service Act (42 U.S.C. 
     254e(a)(1)));
       ``(ii) a Mental Health Professional Shortage Area;
       ``(iii) a Medically Underserved Area (as defined in section 
     330I(a)(4) of the Public Health Service Act (42 U.S.C. 254c-
     14(a)(4)));
       ``(iv) a Medically Underserved Population (as defined in 
     section 330(b)(3) of the Public Health Service Act (42 U.S.C. 
     254b(b)(3))); or
       ``(v) a Physician Scarcity Areas (as identified under 
     section 1833(u)(4) of the Social Security Act (42 U.S.C. 
     13951(u)(4))).
       ``(6) Any employer shall be deemed to have met the 
     requirements under paragraph (1)(D)(iii) if the facility of 
     the employer is located in an area listed in paragraph 
     (5)(B).''.
       (k) Retaining American-Trained Physicians in Physician 
     Shortage Communities.--Section 201(b)(1) (8 U.S.C. 1151(b)) 
     is amended by adding at the end the following:
       ``(F) Alien physicians who have completed service 
     requirements under section 214(l).''.
                                 ______
                                 
  SA 1395. Mr. GRASSLEY (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:

       Section 419(a) (relating to numerical limitations on H-1B 
     nonimmigrants), is amended to read as follows:
       (a) H-1B Amendments.--Section 214(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)) is amended--
       (1) in paragraph (1), by amending subparagraph (A) to read 
     as follows:
       ``(A) under section 101(a)(15)(H)(i)(b) may not exceed 
     200,000 for each fiscal year; or'';
       (2) by striking paragraphs (6), (7), and (8); as 
     redesignated by section 409(2) and
       (3) in paragraph (9), as redesignated by section 409(2)--
       (A) in subparagraph (B)--
       (i) in clause (ii), by striking ``The annual numeric 
     limitations described in clause (i) shall not exceed`` and 
     inserting the following: ``Without respect to the annual 
     numeric limitation described in clause (i), the Secretary may 
     issue a visa or otherwise grant nonimmigrant status pursuant 
     to section 1101(a)(15)(H)(i)(b) in the following 
     quantities:''; and
       (ii) by striking clause (iv); and
       (B) by striking subparagraph (D).
                                 ______
                                 
  SA 1396. 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:

       In section 1(a), add at the end the following:
       (6) USCIS adjudicators.--The Citizenship and Immigration 
     Service has hired 300 additional adjudicators.
                                 ______
                                 
  SA 1397. 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:
       (7) Staff enhancements for interior enforcement.--The 
     Assistant Secretary for Immigration and Customs Enforcement 
     has hired not less than 2,000 additional special agents to 
     conduct investigations, including worksite enforcement.
                                 ______
                                 
  SA 1398. Mr. VITTER 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 1399. Mr. CORNYN 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, at line 36, strike ``renunciation of gang 
     affiliation;''
                                 ______
                                 
  SA 1400. Mr. CORNYN 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. 711. ADJUSTMENT OF STATE IMPACT ASSISTANCE FEES.

       Notwithstanding section 218A(e)(3)(B) of the Immigration 
     and Nationality Act, as added by section 402, or section 
     601(e)(6)(C), an alien making an application for a Y-1 
     nonimmigrant visa or an alien making an initial application 
     for Z-1 nonimmigrant status shall pay a State impact 
     assistance fee of $750 and an additional $100 fee for each 
     dependent accompanying or following to join the alien.
                                 ______
                                 
  SA 1401. Mr. COLEMAN (for himself and Mr. Domenici) 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, add the following new subsection:
       (e) Information Sharing Between Federal and Local Law 
     Enforcement Officers.--
       (1) Requirement for information sharing.--No person or 
     agency may prohibit a Federal, State, or local government 
     entity from acquiring information regarding the immigration 
     status of any individual if the entity seeking such 
     information has probable cause to believe that the individual 
     is not lawfully present in the United States. Such probable 
     cause includes the individual's failure to possess an 
     identification document issued by the United States or a 
     State.
       (2) Requirement prior to implementation.--Subject to 
     subsection (a), with the exception of the probationary 
     benefits conferred by section 601(h) of this Act, the 
     provisions of subtitle C of title IV, and the admission of 
     aliens under section 101(a)(15)(H)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)), as amended by 
     title IV, the programs established by title IV, and the 
     programs established by title VI that grant legal status to 
     any individual or that adjust the current status of any 
     individual who is unlawfully present in the United States to 
     that of an alien lawfully admitted for permanent residence, 
     may not become effective until the date that the Secretary 
     submits a written certification to the President and Congress 
     that the requirement set out in paragraph (1) is being 
     carried out.
       (3) Rule of construction.--Nothing in paragraph (1) may be 
     construed--
       (A) to limit the acquisition of information as otherwise 
     provided by law; or
       (B) to require a person to disclose information regarding 
     an individual's immigration status prior to the provision of 
     emergency medical or law enforcement assistance.
                                 ______
                                 
  SA 1402. 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:

       On page 6, line 23, insert ``, including the lease of 6 
     additional aircraft and 12 busses'' before the period at the 
     end.
       On page 36, after line 17, insert the following:

     SEC. 139. SOUTHWEST BORDER EASEMENT FEASIBILITY STUDY.

       (a) In General.--The Secretary, in consultation with the 
     Attorney General and the Commissioner of the United States 
     Section, International Boundary and Water Commission, shall 
     conduct a study of the desirability of, and need for, border 
     enforcement easements between the ports of entry along the 
     international border between the United States and Mexico to 
     facilitate the patrolling of such border to deter and detect 
     illegal entry into the United States.
       (b) Identification of Specific Locations.--The study 
     conducted under this section shall identify--
       (1) the specific locations where agents of the United 
     States Border Patrol lack immediate access to or control of 
     the border, including any location where authorization by a 
     third party is required to patrol the border or carry out the 
     activities described in subsection (c); and
       (2) for each such location--
       (A) the actions required to create a border enforcement 
     easement;

[[Page S7212]]

       (B) the optimal distance from the border to which such 
     easement should extend and the geographic size of the 
     easement;
       (C) the estimated costs of acquiring the easement and 
     making the improvements described in subsection (c); and
       (D) the changes to existing law that would be required to 
     carry out such acquisitions and improvements.
       (c) Scope and Use of Easement.--Easements studied under 
     this section shall be considered to provide the United States 
     Border Patrol with access to and control of land immediately 
     adjacent to the border described in subsection (a) for--
       (1) installing detection equipment;
       (2) constructing or improving roads;
       (3) controlling vegetation;
       (4) installing fences or other obstacles; and
       (5) carrying out such other activities as may be required 
     to patrol the border and deter or detect illegal entry.
       (d) Report.--Not later than December 1, 2008, the Secretary 
     shall submit a report containing the results of the study 
     conducted under this section to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Appropriations of the Senate;
       (4) the Committee on Homeland Security of the House of 
     Representatives;
       (5) the Committee on the Judiciary of the House of 
     Representatives; and
       (6) the Committee on Appropriations of the House of 
     Representatives.
       At the appropriate place, insert the following:

     SEC. __. REGISTRATION OF ALIENS; NOTICES OF CHANGE OF 
                   ADDRESS.

       (a) Registration Required for Work Authorization.--Section 
     262 (8 U.S.C. 1302) is amended by adding at the end the 
     following:
       ``(d) The Secretary of Homeland Security shall verify that 
     each alien applying for work authorization under this Act has 
     registered under this section and has complied with the 
     requirements under subsections (a)(1), (a)(2), and (b) of 
     section 265 before approving such application.''.
       (b) Annual Notification.--Section 265(a) (8 U.S.C. 1305(a)) 
     is amended by striking ``(a) Each alien'' and inserting the 
     following:
       ``(a) In General.--
       ``(1) Annual notification.--Each alien required to be 
     registered under this title who is within the United States 
     on the first day of January of any year shall, not later than 
     30 days following such date, notify the Secretary of Homeland 
     Security in writing of the current address of the alien and 
     furnish such additional information as the Secretary may 
     prescribe by regulation. Failure to comply with this 
     paragraph shall disqualify an alien from being approved for 
     work authorization under this Act.
       ``(2) Notification if absent on january 1.--Each alien 
     required to be registered under this title who is temporarily 
     absent from the United States on the first day of January of 
     any year shall, not later than 10 days after date on which 
     the alien returns to the United States, provide the Secretary 
     of Homeland Security with the information described in 
     paragraph (1).
       ``(3) New address.--Each alien''.
       (c) Treatment of Change of Address Form as Registration 
     Document.--Section 265 (8 U.S.C. 1305), as amended by 
     subsection (b), is further amended by adding at the end the 
     following:
       ``(d) Treatment as Registration Document.--For purposes of 
     this chapter, any notice of change of address submitted by an 
     alien under this section shall be treated as a registration 
     document under section 262.''.
       (d) Technical Amendments.--Section 266 (8 U.S.C. 1306) is 
     amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) by striking subsection (b); and
       (3) by redesignating subsection (c) and (d) as subsections 
     (b) and (c), respectively.
                                 ______
                                 
  SA 1403. Ms. CANTWELL (for herself, Mr. Cornyn, Mr. Leahy, Mr. Hatch, 
Mr. Bennett, Mr. Schumer, Mr. Warner, Mr. Sununu, Mr. Ensign, and Mr. 
Gregg) submitted an amendment intended to be proposed by her to the 
bill S. 1348, to provide for comprehensive immigration reform and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 238, beginning with line 13, strike all through 
     page 265, line 25, and insert the following:
       (c) Granting Dual Intent to Certain Nonimmigrant 
     Students.--Section 214(h) (8 U.S.C. 1184(h)) is amended--
       (1) by striking ``(H)(i)(b) or (c),'' and inserting 
     ``(F)(iv), (H)(i)(b), (H)(i)(c),''; and
       (2) by striking ``if the alien had obtained a change of 
     status'' and inserting ``if the alien had been admitted as, 
     provided status as, or obtained a change of status''.

     SEC. 419. H-1B STREAMLINING AND SIMPLIFICATION.

       (a) H-1B Amendments.--Section 214(g) (8 U.S.C. 1184(g)) is 
     amended--
       (1) in paragraph (1)(A), by striking clauses (i) through 
     (vii) and inserting the following:
       ``(i) 115,000 in fiscal year 2008;
       ``(ii) in any subsequent fiscal year, subject to clause 
     (iii), the number for the previous fiscal year as adjusted in 
     accordance with the method set forth in paragraph (2); and
       ``(iii) 180,000 for any fiscal year;''.
       (2) in paragraph (9), as redesignated by section 409--
       (A) in subparagraph (B)--
       (i) in clause (ii), by striking ``The annual numerical 
     limitations described in clause (i) shall not exceed'' and 
     inserting ``Without respect to the annual numerical 
     limitations described in clause (i), the Secretary may issue 
     a visa or otherwise grant nonimmigrant status pursuant to 
     section 1101(a)(15)(H)(i)(b) in the following quantities:''; 
     and
       (ii) by striking clause (iv); and
       (B) by striking subparagraph (D).
       (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.
       (c) Provision of W-2 Forms.--Section 214(g)(5), as 
     redesignated by section 409, is amended to read as follows:
       ``(5) In the case of a nonimmigrant described in section 
     101(a)(15)(H)(i)(b)--
       ``(A) the period of authorized admission as such a 
     nonimmigrant may not exceed 6 years (except for a 
     nonimmigrant who has filed a petition for an immigrant visa 
     under section 203(b)(1), if 365 days or more have elapsed 
     since filing and it has not been denied, in which case the 
     Secretary of Homeland Security may extend the stay of an 
     alien in 1-year increments until such time as a final 
     decision is made on the alien's lawful permanent residence);
       ``(B) if the alien is granted an initial period of 
     admission less than 6 years, any subsequent application for 
     an extension of stay for such alien shall include the Form W-
     2 Wage and Tax Statement filed by the employer for such 
     employee, and such other form or information relating to such 
     employment as the Secretary of Homeland Security, in the 
     discretion of the Secretary, may specify, with respect to 
     such nonimmigrant alien employee for the period of admission 
     granted to the alien; and
       ``(C) notwithstanding section 6103 of the Internal Revenue 
     Code of 1986, or any other law, the Commissioner of Internal 
     Revenue or the Commissioner of the Social Security 
     Administration shall upon request of the Secretary confirm 
     whether the Form W-2 Wage and Tax Statement filed by the 
     employer under subparagraph (B) matches a Form W-2 Wage and 
     Tax Statement filed with the Internal Revenue Service or the 
     Social Security Administration, as the case may be.''.
       (d) Extension of H-1B Status for Merit-Based Adjustment 
     Applicants.--
       (1) In general.--Section 214(g)(4), as redesignated by 
     section 409, is amended--
       (A) by inserting ``(A)'' after ``(4)'';
       (B) by striking ``If an alien'' and inserting the 
     following:
       ``(B) If an alien''; and
       (C) by adding at the end the following:
       ``(D) Subparagraph (B) shall not apply to such a 
     nonimmigrant who has filed a petition for an immigrant visa 
     accompanied by a qualifying employer recommendation under 
     section 203(b)(1), if 365 days or more have elapsed since 
     filing and it has not been denied, in which case the 
     Secretary of Homeland Security may extend the stay of an 
     alien in 1-year increments until such time as a final 
     decision is made on the alien's lawful permanent 
     residence.''.
       (2) Repeal.--Section 106 of the American Competitiveness in 
     the Twenty-first Century Act of 2000 (8 U.S.C. 1184 note) is 
     amended by striking subsections (a) and (b).

     SEC. 420. H-1B EMPLOYER REQUIREMENTS.

       (a) Application of Nondisplacement and Good Faith 
     Recruitment Requirements to All H-1B Employers.--
       (1) Amendments.--Section 212(n) (8 U.S.C. 1182(n)) is 
     amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E)--

       (I) in clause (i), by striking ``(E)(i) In the case of an 
     application described in clause (ii), the'' and inserting 
     ``(E) The''; and
       (II) by striking clause (ii);

       (ii) in subparagraph (F), by striking ``In the case of'' 
     and all that follows through ``where--'' and inserting ``The 
     employer will not place the nonimmigrant with another 
     employer if--''; and
       (iii) in subparagraph (G), by striking ``In the case of an 
     application described in subparagraph (E)(ii), subject'' and 
     inserting ``Subject'';
       (B) in paragraph (2)--
       (i) in subparagraph (E), by striking ``If an H-1B-dependent 
     employer'' and inserting ``If an employer that employs H-1B 
     nonimmigrants''; and
       (ii) in subparagraph (F), by striking ``The preceding 
     sentence shall apply to an employer regardless of whether or 
     not the employer is an H-1B-dependent employer.''; and

[[Page S7213]]

       (C) by striking paragraph (3).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (b) Nondisplacement Requirement.--
       (1) Extending time period for nondisplacement.--Section 
     212(n), as amended by subsection (a), is further amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E), by striking ``90 days'' each place 
     it appears and inserting ``180 days'';
       (ii) in subparagraph (F)(ii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''; and
       (B) in paragraph (2)(C)(iii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''.
       (2) Effective date.--The amendments made by paragraph (1)--
       (A) shall apply to applications filed on or after the date 
     of the enactment of this Act; and
       (B) shall not apply to displacements for periods occurring 
     more than 90 days before such date.
       (c) H-1B Nonimmigrants Not Admitted for Jobs Advertised or 
     Offered Only to H-1B Nonimmigrants.--Section 212(n)(1), as 
     amended by this section, is further amended--
       (1) by inserting after subparagraph (G) the following:
       ``(H)(i) The employer has not advertised the available jobs 
     specified in the application in an advertisement that states 
     or indicates that--
       ``(I) the job or jobs are only available to persons who are 
     or who may become H-1B nonimmigrants; or
       ``(II) persons who are or who may become H-1B nonimmigrants 
     shall receive priority or a preference in the hiring process.
       ``(ii) The employer has not only recruited persons who are, 
     or who may become, H-1B nonimmigrants to fill the job or 
     jobs.''; and
       (2) in the undesignated paragraph at the end, by striking 
     ``The employer'' and inserting the following:
       ``(K) The employer''.
       (d) Limit on Percentage of H-1B Employees.--Section 
     212(n)(1), as amended by this section, is further amended by 
     inserting after subparagraph (H), as added by subsection 
     (c)(1), the following:
       ``(I) If the employer employs not less than 50 employees in 
     the United States, not more than 50 percent of such employees 
     are H-1B nonimmigrants.''.

     SEC. 421. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

       (a) Safeguards Against Fraud and Misrepresentation in 
     Application Review Process.--Section 212(n)(1)(K), as 
     redesignated by section 420(c)(2), is amended--
       (1) by inserting ``and through the Department of Labor's 
     website, without charge.'' after ``D.C.'';
       (2) by inserting ``, clear indicators of fraud, 
     misrepresentation of material fact,'' after ``completeness'';
       (3) by striking ``or obviously inaccurate'' and inserting 
     ``, presents clear indicators of fraud or misrepresentation 
     of material fact, or is obviously inaccurate'';
       (4) by striking ``within 7 days of'' and inserting ``not 
     later than 14 days after''; and
       (5) by adding at the end the following: ``If the 
     Secretary's review of an application identifies clear 
     indicators of fraud or misrepresentation of material fact, 
     the Secretary may conduct an investigation and hearing under 
     paragraph (2).''
       (b) Investigations by Department of Labor.--Section 
     212(n)(2) is amended--
       (1) in subparagraph (A)--
       (A) by striking ``12 months'' and inserting ``24 months''; 
     and
       (B) by striking ``The Secretary shall conduct'' and all 
     that follows and inserting ``Upon the receipt of such a 
     complaint, the Secretary may initiate an investigation to 
     determine if such a failure or misrepresentation has 
     occurred.'';
       (2) in subparagraph (C)(i)--
       (A) by striking ``a condition of paragraph (1)(B), (1)(E), 
     or (1)(F)'' and inserting ``a condition under subparagraph 
     (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; 
     and
       (B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
       (3) in subparagraph (G)--
       (A) in clause (i), by striking ``if the Secretary'' and all 
     that follows and inserting ``with regard to the employer's 
     compliance with the requirements of this subsection.'';
       (B) in clause (ii), by striking ``and whose identity'' and 
     all that follows through ``failure or failures.'' and 
     inserting ``the Secretary of Labor may conduct an 
     investigation into the employer's compliance with the 
     requirements of this subsection.'';
       (C) in clause (iii), by striking the last sentence;
       (D) by striking clauses (iv) and (v);
       (E) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (F) in clause (iv), as redesignated, by striking ``meet a 
     condition described in clause (ii), unless the Secretary of 
     Labor receives the information not later than 12 months'' and 
     inserting ``comply with the requirements under this 
     subsection, unless the Secretary of Labor receives the 
     information not later than 24 months'';
       (G) by amending clause (v), as redesignated, to read as 
     follows:
       ``(v) The Secretary of Labor shall provide notice to an 
     employer of the intent to conduct an investigation. The 
     notice shall be provided in such a manner, and shall contain 
     sufficient detail, to permit the employer to respond to the 
     allegations before an investigation is commenced. The 
     Secretary is not required to comply with this clause if the 
     Secretary determines that such compliance would interfere 
     with an effort by the Secretary to investigate or secure 
     compliance by the employer with the requirements of this 
     subsection. A determination by the Secretary under this 
     clause shall not be subject to judicial review.'';
       (H) in clause (vi), as redesignated, by striking ``An 
     investigation'' and all that follows through ``the 
     determination.'' and inserting ``If the Secretary of Labor, 
     after an investigation under clause (i) or (ii), determines 
     that a reasonable basis exists to make a finding that the 
     employer has failed to comply with the requirements under 
     this subsection, the Secretary shall provide interested 
     parties with notice of such determination and an opportunity 
     for a hearing in accordance with section 556 of title 5, 
     United States Code, not later than 120 days after the date of 
     such determination.''; and
       (I) by adding at the end the following:
       ``(vii) If the Secretary of Labor, after a hearing, finds a 
     reasonable basis to believe that the employer has violated 
     the requirements under this subsection, the Secretary may 
     impose a penalty under subparagraph (C).''; and
       (4) by striking subparagraph (H).
       (c) Information Sharing Between Department of Labor and 
     Department of Homeland Security.--Section 212(n)(2), as 
     amended by this section, is further amended by inserting 
     after subparagraph (G) the following:
       ``(H) The Director of United States Citizenship and 
     Immigration Services shall provide the Secretary of Labor 
     with any information contained in the materials submitted by 
     H-1B employers as part of the adjudication process that 
     indicates that the employer is not complying with H-1B visa 
     program requirements. The Secretary may initiate and conduct 
     an investigation and hearing under this paragraph after 
     receiving information of noncompliance under this 
     subparagraph.''.
       (d) Audits.--Section 212(n)(2)(A), as amended by this 
     section, is further amended by adding at the end the 
     following: ``The Secretary may conduct surveys of the degree 
     to which employers comply with the requirements under this 
     subsection and may conduct annual compliance audits of 
     employers that employ H-1B nonimmigrants. The Secretary shall 
     conduct annual compliance audits of not less than 1 percent 
     of the employers that employ H-1B nonimmigrants during the 
     applicable calendar year.''
       (e) Penalties.--Section 212(n)(2)(C), as amended by this 
     section, is further amended--
       (1) in clause (i)(I), by striking ``$1,000'' and inserting 
     ``$2,000'';
       (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
     ``$10,000''; and
       (3) in clause (vi)(III), by striking ``$1,000'' and 
     inserting ``$2,000''.
       (f) Information Provided to H-1B Nonimmigrants Upon Visa 
     Issuance.--Section 212(n), as amended by this section, is 
     further amended by inserting after paragraph (2) the 
     following:
       ``(3)(A) Upon issuing an H-1B visa to an applicant outside 
     the United States, the issuing office shall provide the 
     applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections; and
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer obligations and workers' rights.
       ``(B) Upon the issuance of an H-1B visa to an alien inside 
     the United States, the officer of the Department of Homeland 
     Security shall provide the applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections; and
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer's obligations and workers rights.''.

     SEC. 422. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

       (a) In General.--Section 214(c)(2) (8 U.S.C. 1184(c)(2)) is 
     amended by inserting after subsection (F) the following:
       ``(G)(i) If the beneficiary of a petition under this 
     subsection is coming to the United States to open, or be 
     employed in, a new facility, the petition may be approved for 
     up to 12 months only if the employer operating the new 
     facility has--
       ``(I) a business plan;
       ``(II) sufficient physical premises to carry out the 
     proposed business activities; and
       ``(III) the financial ability to commence doing business 
     immediately upon the approval of the petition.
       ``(ii) An extension of the approval period under clause (i) 
     may not be granted until the importing employer submits an 
     application to the Secretary of Homeland Security that 
     contains--
       ``(I) evidence that the importing employer meets the 
     requirements of this subsection;
       ``(II) evidence that the beneficiary meets the requirements 
     under section 101(a)(15)(L);
       ``(III) a statement summarizing the original petition;
       ``(IV) evidence that the importing employer has fully 
     complied with the business plan submitted under clause 
     (i)(I);

[[Page S7214]]

       ``(V) evidence of the truthfulness of any representations 
     made in connection with the filing of the original petition;
       ``(VI) evidence that the importing employer, during the 
     preceding 12 months, has been doing business at the new 
     facility through regular, systematic, and continuous 
     provision of goods or services, or has otherwise been taking 
     commercially reasonable steps to establish the new facility 
     as a commercial enterprise;
       ``(VII) a statement of the duties the beneficiary has 
     performed at the new facility during the preceding 12 months 
     and the duties the beneficiary will perform at the new 
     facility during the extension period approved under this 
     clause;
       ``(VIII) a statement describing the staffing at the new 
     facility, including the number of employees and the types of 
     positions held by such employees;
       ``(IX) evidence of wages paid to employees;
       ``(X) evidence of the financial status of the new facility; 
     and
       ``(XI) any other evidence or data prescribed by the 
     Secretary.
       ``(iii) Notwithstanding subclauses (I) through (VI) of 
     clause (ii), and subject to the maximum period of authorized 
     admission set forth in subparagraph (D), the Secretary of 
     Homeland Security may approve a petition subsequently filed 
     on behalf of the beneficiary to continue employment at the 
     facility described in this subsection for a period beyond the 
     initially granted 12-month period if the importing employer 
     demonstrates that the failure to satisfy any of the 
     requirements described in those subclauses was directly 
     caused by extraordinary circumstances beyond the control of 
     the importing employer.
       ``(iv) For purposes of determining the eligibility of an 
     alien for classification under section 101(a)(15)(L), the 
     Secretary of Homeland Security shall work cooperatively with 
     the Secretary of State to verify a company or facility's 
     existence in the United States and abroad.''.
       (b) Investigations and Audits by Department of Homeland 
     Security.--
       (1) Department of homeland security investigations.--
     Section 214(c)(2) is amended by inserting after subparagraph 
     (G), as added by subsection (a), the following:
       ``(H)(i) The Secretary of Homeland Security may initiate an 
     investigation of any employer that employs nonimmigrants 
     described in section 101(a)(15)(L) with regard to the 
     employer's compliance with the requirements of this 
     subsection.
       ``(ii) If the Secretary of Homeland Security receives 
     specific credible information from a source who is likely to 
     have knowledge of an employer's practices, employment 
     conditions, or compliance with the requirements under this 
     subsection, the Secretary may conduct an investigation into 
     the employer's compliance with the requirements of this 
     subsection. The Secretary may withhold the identity of the 
     source from the employer, and the source's identity shall not 
     be subject to disclosure under section 552 of title 5.
       ``(iii) The Secretary of Homeland Security shall establish 
     a procedure for any person desiring to provide to the 
     Secretary of Homeland Security information described in 
     clause (ii) that may be used, in whole or in part, as the 
     basis for the commencement of an investigation described in 
     such clause, to provide the information in writing on a form 
     developed and provided by the Secretary of Homeland Security 
     and completed by or on behalf of the person.
       ``(iv) No investigation described in clause (ii) (or 
     hearing described in clause (vi) based on such investigation) 
     may be conducted with respect to information about a failure 
     to comply with the requirements under this subsection, unless 
     the Secretary of Homeland Security receives the information 
     not later than 24 months after the date of the alleged 
     failure.
       ``(v) Before commencing an investigation of an employer 
     under clause (i) or (ii), the Secretary of Homeland Security 
     shall provide notice to the employer of the intent to conduct 
     such investigation. The notice shall be provided in such a 
     manner, and shall contain sufficient detail, to permit the 
     employer to respond to the allegations before an 
     investigation is commenced. The Secretary is not required to 
     comply with this clause if the Secretary determines that to 
     do so would interfere with an effort by the Secretary to 
     investigate or secure compliance by the employer with the 
     requirements of this subsection. There shall be no judicial 
     review of a determination by the Secretary under this clause.
       ``(vi) If the Secretary of Homeland Security, after an 
     investigation under clause (i) or (ii), determines that a 
     reasonable basis exists to make a finding that the employer 
     has failed to comply with the requirements under this 
     subsection, the Secretary shall provide interested parties 
     with notice of such determination and an opportunity for a 
     hearing in accordance with section 556 of title 5, United 
     States Code, not later than 120 days after the date of such 
     determination. If such a hearing is requested, the Secretary 
     shall make a finding concerning the matter by not later than 
     120 days after the date of the hearing.
       ``(vii) If the Secretary of Homeland Security, after a 
     hearing, finds a reasonable basis to believe that the 
     employer has violated the requirements under this subsection, 
     the Secretary may impose a penalty under section 
     214(c)(2)(J).''.
       (2) Audits.--Section 214(c)(2)(H), as added by paragraph 
     (1), is amended by adding at the end the following:
       ``(viii) The Secretary of Homeland Security may conduct 
     surveys of the degree to which employers comply with the 
     requirements under this section and may conduct annual 
     compliance audits of employers that employ H-1B 
     nonimmigrants. The Secretary shall conduct annual compliance 
     audits of not less than 1 percent of the employers that 
     employ nonimmigrants described in section 101(a)(15)(L) 
     during the applicable calendar year.''.
       (3) Reporting requirement.--Section 214(c)(8) of such Act 
     is amended by inserting ``(L),'' after ``(H),''.
       (c) Penalties.--Section 214(c)(2) is amended by inserting 
     after subparagraph (H), as added by subsection (b), the 
     following:
       ``(I)(i) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a failure by an 
     employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $2,000 per violation) as 
     the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 1 year, approve a petition for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(ii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 2 years, approve a petition filed for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(iii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (L)(i)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the employer shall be liable to employees harmed for 
     lost wages and benefits.''.

     SEC. 423. WHISTLEBLOWER PROTECTIONS.

       (a) H-1B Whistleblower Protections.--Section 
     212(n)(2)(C)(iv) (8 U.S.C. 1182(n)(2)(C)(iv)) is amended--
       (1) by inserting ``take, fail to take, or threaten to take 
     or fail to take, a personnel action, or'' before ``to 
     intimidate''; and
       (2) by adding at the end the following: ``An employer that 
     violates this clause shall be liable to the employees harmed 
     by such violation for lost compensation, including back 
     pay.''.
       (b) L-1 Whistleblower Protections.--Section 214(c)(2) is 
     amended by inserting after subparagraph (I), as added by 
     section 423, the following:
       ``(J)(i) It is a violation of this subparagraph for an 
     employer who has filed a petition to import 1 or more aliens 
     as nonimmigrants described in section 101(a)(15)(L) to take, 
     fail to take, or threaten to take or fail to take, a 
     personnel action, or to intimidate, threaten, restrain, 
     coerce, blacklist, discharge, or discriminate in any other 
     manner against an employee because the employee--
       ``(I) has disclosed information that the employee 
     reasonably believes evidences a violation of this subsection, 
     or any rule or regulation pertaining to this subsection; or
       ``(II) cooperates or seeks to cooperate with the 
     requirements of this subsection, or any rule or regulation 
     pertaining to this subsection.
       ``(ii) An employer that violates this subparagraph shall be 
     liable to the employees harmed by such violation for lost 
     wages and benefits.
       ``(iii) In this subparagraph, the term `employee' 
     includes--
       ``(I) a current employee;
       ``(II) a former employee; and
       ``(III) an applicant for employment.''.

     SEC. 424. LIMITATIONS ON APPROVAL OF L-1 PETITIONS FOR START-
                   UP COMPANIES.

       Section 214(c)(2), as amended by sections 422 and 423, is 
     further amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (E), by striking ``In the case of an 
     alien spouse admitted under section 101(a)(15)(L), who'' and 
     inserting ``Except as provided in subparagraph (L), if an 
     alien spouse admitted under section 101(a)(15)(L)''; and
       (3) by adding at the end the following:
       ``(K)(i) If the beneficiary of a petition under this 
     subsection is coming to the United States to be employed in a 
     new office, the petition may be approved for a period not to 
     exceed 12 months only if the alien has

[[Page S7215]]

     not been the beneficiary of 2 or more petitions under this 
     subparagraph within the immediately preceding 2 years and 
     only if the employer operating the new office has--
       ``(I) an adequate business plan;
       ``(II) sufficient physical premises to carry out the 
     proposed business activities; and
       ``(III) the financial ability to commence doing business 
     immediately upon the approval of the petition.
       ``(ii) An extension of the approval period under clause (i) 
     may not be granted until the importing employer submits to 
     the Secretary of Homeland Security--
       ``(I) evidence that the importing employer meets the 
     requirements of this subsection;
       ``(II) evidence that the beneficiary meets the requirements 
     of section 101(a)(15)(L);
       ``(III) a statement summarizing the original petition;
       ``(IV) evidence that the importing employer has 
     substantially complied with the business plan submitted under 
     clause (i);
       ``(V) evidence of the truthfulness of any representations 
     made in connection with the filing of the original petition 
     if requested by the Secretary;
       ``(VI) evidence that the importing employer, from the date 
     of petition approval under clause (i), has been doing 
     business at the new office through regular, systematic, and 
     continuous provision of goods or services;
       ``(VII) a statement of the duties the beneficiary has 
     performed at the new office during the approval period under 
     clause (i) and the duties the beneficiary will perform at the 
     new office during the extension period approved under this 
     clause;
       ``(VIII) a statement describing the staffing at the new 
     office, including the number of employees and the types of 
     positions held by such employees;
       ``(IX) evidence of wages paid to employees if the 
     beneficiary will be employed in a managerial or executive 
     capacity;
       ``(X) evidence of the financial status of the new office; 
     and
       ``(XI) any other evidence or data prescribed by the 
     Secretary.
       ``(iii) A new office employing the beneficiary of an L-1 
     petition approved under this subparagraph shall do business 
     through regular, systematic, and continuous provision of 
     goods or services for the entire period of petition approval.
       ``(iv) Notwithstanding clause (iii) or subclauses (I) 
     through (VI) of clause (ii), and subject to the maximum 
     period of authorized admission set forth in subparagraph (D), 
     the Secretary of Homeland Security, in the discretion of the 
     Secretary, may approve a subsequently filed petition on 
     behalf of the beneficiary to continue employment at the 
     office described in this subsection for a period beyond the 
     initially granted 12-month period if the importing employer 
     has been doing business at the new office through regular, 
     systematic, and continuous provision of goods or services for 
     the 6 months immediately preceding the date of extension 
     petition filing and demonstrates that the failure to satisfy 
     any of the requirements described in those subclauses was 
     directly caused by extraordinary circumstances, as determined 
     by the Secretary, in the discretion of the Secretary.
       ``(L)(i) The Secretary of Homeland Security may not 
     authorize the spouse of an alien described under section 
     101(a)(15)(L), who is a dependent of a beneficiary under 
     subparagraph (K), to engage in employment in the United 
     States during the initial 12-month period described in 
     subparagraph (K)(i).
       ``(ii) A spouse described in clause (i) may be provided 
     employment authorization upon the approval of an extension 
     under subparagraph (K)(ii).
       ``(M) For purposes of determining the eligibility of an 
     alien for classification under section 101(a)(15)(L), the 
     Secretary of Homeland Security shall establish procedures 
     with the Department of State to verify a company or office's 
     existence in the United States and abroad.''.

     SEC. 425. MEDICAL SERVICES IN UNDERSERVED AREAS.

       (a) Permanent Authorization of the Conrad Program.--
       (1) In general.--Section 220(c) of the Immigration and 
     Nationality Technical Corrections Act of 1994 (8 U.S.C. 1182 
     note) (as amended by section 1(a) of Public Law 108-441 and 
     section 2 of Public Law 109-477) is amended by striking ``and 
     before June 1, 2008.''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall take effect as if enacted on June 1, 2007.
       (b) Pilot Program Requirements.--Section 214(l) (8 U.S.C. 
     1184(l)) is amended by adding at the end the following:
       ``(4)(A) Notwithstanding paragraph (1)(B), the Secretary of 
     Homeland Security may grant up to a total of 50 waivers for a 
     State under section 212(e) in a fiscal year if, after the 
     first 30 such waivers for the State are granted in that 
     fiscal year--
       ``(i) an interested State agency requests a waiver; and
       ``(ii) the requirements under subparagraph (B) are met.
       ``(B) The requirements under this subparagraph are met if--
       ``(i) fewer than 20 percent of the physician vacancies in 
     the health professional shortage areas of the State, as 
     designated by the Secretary of Health and Human Services, 
     were filled in the most recent fiscal year;
       ``(ii) all of the waivers allotted for the State under 
     paragraph (1)(B)) were used in the most recent fiscal year; 
     and
       ``(iii) all underserved highly rural States--
       ``(I) used the minimum guaranteed number of waivers under 
     section 212(e) in health professional shortage areas in the 
     most recent fiscal year; or
       ``(II) all agreed to waive the right to receive the minimum 
     guaranteed number of such waivers.
       ``(C) In this paragraph:
       ``(i) The term `health professional shortage area' has the 
     meaning given the term in section 332(a)(1) of the Public 
     Health Service Act (42 U.S.C. 254e(a)(1)).
       ``(ii) The term `underserved highly rural State' means a 
     State with at least 30 counties with a population density of 
     not more than 10 people per square mile, based on the latest 
     available decennial census conducted by the Bureau of Census.
       ``(iii) The term `minimum guaranteed number' means--
       ``(I) for the first fiscal year of the pilot program, 15;
       ``(II) for each subsequent fiscal year, the sum of--
       ``(aa) the minimum guaranteed number for the second fiscal 
     year; and
       ``(bb) if any State received additional waivers under this 
     paragraph in the first fiscal year;
       ``(III) for the third fiscal year, the sum of--
       ``(aa) the minimum guaranteed number for the second fiscal 
     year; and
       ``(bb) if any State received additional waivers under this 
     paragraph in the first fiscal year.''.
       (c) Termination Date.--Section 214(l)(4) of the Immigration 
     and Nationality Act, as added by subsection (b), is repealed 
     on September 30, 2011.
       (d) Medical Professionals.--Section 212(j) (8 U.S.C. 
     1182(j)) is amended--
       (1) by redesignating paragraph (2) as paragraph (3);
       (2) by inserting after paragraph (1) the following:
       ``(2)(A) An alien who is coming to the United States to 
     receive graduate medical education or training (or seeks to 
     acquire status as a nonimmigrant under section 1101(a)(15)(J) 
     to receive graduate medical education or training) may not 
     change status under section 1258 to a nonimmigrant under 
     section 1101(a)(15)(H)(i)(b) until the alien graduates from 
     the medical education or training program and meets the 
     requirements of paragraph (3)(B).
       ``(B) Any occupation that an alien described in paragraph 
     (2)(A) may be employed in while receiving graduate medical 
     education or training shall not be deemed a `specialty 
     occupation' within the meaning of section 1184(i) for 
     purposes of section 1101(a)(15)(H)(i)(b).''; and
       (3) in paragraph (3), as redesignated by paragraph (1) of 
     this subsection, by striking the matter preceding 
     subparagraph (A) and inserting the following:
       ``(3) An alien who has graduated from a medical school and 
     who is coming to the United States to practice primary care 
     or specialty medicine as a member of the medical profession 
     may not be admitted as a nonimmigrant under section 
     1101(a)(15)(H)(i)(b) of this title unless--'';
       (e) Definition.--Section 101(a)(15)(J) is amended by 
     inserting ``(except an alien coming to the United States to 
     receive graduate medical education or training)'' after 
     ``abandoning''.
       (f) Intention to Abandon Foreign Residence.--Section 214(h) 
     (8 U.S.C. 1184(h)) is amended by inserting ``(E), (J) (if the 
     alien is coming to the United States to receive graduate 
     medical education or training),'' after ``described in 
     subparagraph''.
       (g) Medical Residents Ineligible for H-1B Nonimmigrant 
     Status.--Section 214(i)(1) (8 U.S.C. 1184(i)) is amended to 
     read as follows:
       ``(1) Except as provided in paragraph (3), for purposes of 
     section 101(a)(15)(H)(i)(b), section 101(a)(15)(E)(iii), and 
     paragraph (2), the term `specialty occupation'--
       ``(A) means an occupation that requires--
       ``(i) theoretical and practical application of a body of 
     highly specialized knowledge; and
       ``(ii) attainment of a bachelor's or higher degree in the 
     specific specialty (or its equivalent) as a minimum for entry 
     into the occupation in the United States; and
       ``(B) shall not include graduate medical education or 
     training.''.
       (h) Waiver of Foreign Residence Requirement.--Section 
     214(l) (8 U.S.C. 1184(l)) is amended--
       (1) in paragraph (1)--
       (A) in subparagraph (C)--
       (i) in clause (i), by striking ``Attorney General to be in 
     the public interest; and'' and inserting ``Secretary of 
     Homeland Security to be in the public interest;'';
       (ii) by striking subclause (ii) and inserting the 
     following:
       ``(ii) the alien has accepted employment with the health 
     facility or health care organization and agrees to continue 
     to work for a total of not less than 3 years; and
       ``(iii) the alien begins employment not later than 90 days 
     after the later of the date on which the alien--
       ``(I) received such waiver; or
       ``(II) received nonimmigrant status or employment 
     authorization pursuant to an application filed under 
     paragraph (2)(A) (if such application is filed not later than 
     90 days after eligibility of completing graduate medical 
     education or training under a program approved pursuant to 
     section 212(j)(1));'';
       (B) by striking the period at the end and inserting the 
     following: ``; or

[[Page S7216]]

       ``(E) in the case of a request by an interested State 
     agency, the alien agrees to practice primary care or 
     specialty medicine care, for a continuous period of 2 years, 
     only at a federally qualified health facility, health care 
     organization or center, or in a rural health clinic that is 
     located in--
       ``(i) a geographic area which is designated by the 
     Secretary of Health and Human Services as having a shortage 
     of health care professionals; and
       ``(ii) a State that utilized less than 10 of the total 
     allotted waivers for the State under paragraph (1)(B) 
     (excluding the number of waivers available pursuant to 
     paragraph (1)(D)(ii)) in the most recent fiscal year.'';
       (2) in paragraph (2), by amending subparagraph (A) to read 
     as follows:
       ``(A) Notwithstanding section 248(a)(2), upon submission of 
     a request to an interested Federal agency or an interested 
     State agency for recommendation of a waiver under this 
     section by a physician who is maintaining valid nonimmigrant 
     status under section 101(a)(15)(J), the Secretary of Homeland 
     Security may accept as properly filed an application to 
     change the status of such physician to [any applicable 
     nonimmigrant status]. Upon favorable recommendation by the 
     Secretary of State of such request, and approval by the 
     Secretary of Homeland Security the waiver under this section, 
     the Secretary of Homeland Security may change the status of 
     such physician to that of [an appropriate nonimmigrant 
     status.]''.
       (3) in paragraph (3)(A), by inserting ``requirement of or'' 
     before ``agreement entered into''.
       (i) Period of Authorized Admission for Physicians on H-1B 
     Visas Who Work in Medically Underserved Communities.--Section 
     214(g)(5), as renumbered by section 409 and amended by 
     section 719(c), is further amended by adding at the end the 
     following:
       ``(D) The period of authorized admission under subparagraph 
     (A) shall not apply to an alien physician who fulfills the 
     requirements under subsection (l)(1)(E) and who has practiced 
     primary or specialty care in a medically underserved 
     community for a continuous period of 5 years.''.

     SEC. 426. AUTHORIZATION OF APPROPRIATIONS.

       There are authorized to be appropriated such sums as may be 
     necessary to carry out this title, and the amendments made by 
     this title.

                     TITLE V--IMMIGRATION BENEFITS

     SEC. 501. REBALANCING OF IMMIGRANT VISA ALLOCATION.

       (a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(c) Worldwide Level of Family-Sponsored Immigrants.--
       ``(1) For each fiscal year until visas needed for petitions 
     described in section 503(f)(2) of the Secure Borders, 
     Economic Opportunity, and Immigration Reform Act of 2007 
     become available, the worldwide level of family-sponsored 
     immigrants under this subsection is 567,000 for petitions for 
     classifications under section 203(a), plus any immigrant 
     visas not required for the class specified in subsection (d).
       ``(2) Except as provided in paragraph (1), the worldwide 
     level of family-sponsored immigrants under this subsection 
     for a fiscal year is 127,000, plus any immigrant visas not 
     required for the class specified in subsection (d).''.
       (b) Merit-Based Immigrants.--Section 201(d) (8 U.S.C. 
     1151(d)) is amended to read as follows:
       ``(d) Worldwide Level of Merit-Based, Special, and 
     Employment Creation Immigrants.--
       ``(1) In general.--The worldwide level of merit-based, 
     special, and employment creation immigrants under this 
     subsection--
       ``(A) for the first 5 fiscal years shall be equal to the 
     number of immigrant visas made available to aliens seeking 
     immigrant visas under section 203(b) for fiscal year 2005, 
     plus any immigrant visas not required for the class specified 
     in subsection (c), of which--
       ``(i) at least 10,000 will be for exceptional aliens in 
     nonimmigrant status under section 101(a)(15)(Y); and
       ``(ii) 90,000 will be for aliens who were the beneficiaries 
     of an application that was pending or approved on the 
     effective date of this section, as described in section 
     502(d) of the Secure Borders, Economic Opportunity, and 
     Immigration Reform Act of 2007;
       ``(B) starting in the sixth fiscal year, shall be equal to 
     140,000 for each fiscal year until aliens described in 
     section 101(a)(15)(Z) first become eligible for an immigrant 
     visa, plus any immigrant visas not required for the class 
     specified in subsection (c), of which--
       ``(i) at least 10,000 will be for exceptional aliens in 
     nonimmigrant status under section 101(a)(15)(Y); and
       ``(ii) not more than 90,000 will be for aliens who were the 
     beneficiaries of an application that was pending or approved 
     on the effective date of this section, as described in 
     section 502(d) of the Secure Borders, Economic Opportunity, 
     and Immigration Reform Act of 2007; and
       ``(C)(i) 380,000, for each fiscal year starting in the 
     first fiscal year in which aliens described in section 
     101(a)(15)(Z) become eligible for an immigrant visa, of which 
     at least 10,000 will be for exceptional aliens of 
     nonimmigrant status under section 101(a)(15)(Y), plus any 
     immigrant visas not required for the class specified in 
     subsection (c), plus
       ``(ii) the temporary supplemental allocation of additional 
     visas described in paragraph (2) for nonimmigrants described 
     in section 101(a)(15)(Z).
       ``(2) Temporary supplemental allocation.--The temporary 
     supplemental allocation of visas described in this paragraph 
     is as follows:
       ``(A) For the first 5 fiscal years in which aliens 
     described in section 101(a)(15)(Z) are eligible for an 
     immigrant visa, the number calculated pursuant to section 
     503(f)(2) of the Secure Borders, Economic Opportunity, and 
     Immigration Reform Act of 2007.
       ``(B) In the sixth fiscal year in which aliens described in 
     section 101(a)(15)(Z) are eligible for an immigrant visa, the 
     number calculated pursuant to section 503(f)(3) of Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007.
       ``(C) Starting in the seventh fiscal year in which aliens 
     described in section 101(a)(15)(Z) are eligible for an 
     immigrant visa, the number equal to the number of aliens 
     described in section 101(a)(15)(Z) who became aliens admitted 
     for permanent residence based on the merit-based evaluation 
     system in the prior fiscal year until no further aliens 
     described in section 101(a)(15)(Z) adjust status.
       ``(3) Termination of temporary supplemental allocation.--
     The temporary supplemental allocation of visas described in 
     paragraph (2) shall terminate when the number of visas 
     calculated pursuant to paragraph (2)(C) is zero.
       ``(4) Limitation.--The temporary supplemental visas 
     described in paragraph (2) shall not be awarded to any 
     individual other than an individual described in section 
     101(a)(15)(Z).''.
       (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) The immediate relatives of an alien who is admitted 
     as a merit-based employer-sponsored immigrant under 
     subsection 203(b)(5).''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the fiscal year 
     subsequent to the fiscal year of enactment.

     SEC. 502. INCREASING AMERICAN COMPETITIVENESS THROUGH A 
                   MERIT-BASED EVALUATION SYSTEM FOR IMMIGRANTS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States benefits from a workforce that has diverse 
     skills, experience, and training.
       (b) Creation of Merit-Based Evaluation System for 
     Immigrants and Reallocation of Visas.--Section 203(b) (8 
     U.S.C. 1153(b)) is amended--
       (1) by striking paragraphs (1) through (3) and inserting 
     the following:
       ``(1) Merit-based immigrants.--Visas shall first be made 
     available in a number not to exceed 95 percent of such 
     worldwide level, plus any visas not required for the classes 
     in paragraphs (2) and (3), to qualified immigrants selected 
     through a merit-based evaluation system.
       ``(A) The merit-based evaluation system shall initially 
     consist of the following criteria and weights:


[[Page S7217]]



------------------------------------------------------------------------
                                                                 Maximum
        ``Category                     Description               points
------------------------------------------------------------------------
``Employment               ...................................        47
Occupation                 U.S. employment in specialty
                            occupation
                           (as defined by the Department of
                            Labor)-20 pts
                           U.S. employment in high demand
                            occupation (the 30 occupations
                            that have grown the most in the
                            preceding 10-year period, as
                            determined by the Bureau of Labor
                            Statistics)-16 pts
National interest/         U.S. employment in STEM or health
 critical infrastructure    occupation, current for at least 1
                            year-8 pts (extraordinary or
                            ordinary)
Employer endorsement       A U.S. employer willing to pay 50%
                            of a legal permanent resident's
                            application fee either 1) offers a
                            job, or 2) attests for a current
                            employee-6 pts
Experience                 Years of work for U.S. firm-2 pts/
                            year
                            (max 10 points)
Age of worker              Worker's age: 25-39-3 points
------------------------------------------------------------------------
``Education                M.D., M.B.A., Graduate degree, etc.-       28
(terminal degree)           20 pts
                           Bachelor's Degree-16 pts
                           Associate's Degree-10 pts
                           High school diploma or GED-6 pts
                           Completed certified Perkins
                            Vocational Education program-5 pts
                           Completed Department of Labor
                            Registered Apprenticeship-8 pts
                           STEM, associates and above-8 pts
------------------------------------------------------------------------
``English and civics       Native speaker of English or               15
                           TOEFL score of 75 or higher-15 pts
                           TOEFL score of 60-74-10 pts
                           Pass USCIS Citizenship Tests in
                            English & Civics-6 pts
------------------------------------------------------------------------
``Extended family          Adult (21 or older) son or daughter        10
 (Applied if threshold of   of United States citizen-8 points
 55 in above categories)
                           Adult (21 or older) son or daughter
                            of a legal permanent resident-6
                            pts
                           Sibling of United States citizen or
                            LPR-4 pts
                           If had applied for a family visa in
                            any of the above categories after
                            May 1, 2005-2 pts
------------------------------------------------------------------------
``Total                    ...................................       100
------------------------------------------------------------------------


------------------------------------------------------------------------
                                                                 Maximum
        ``Category                     Description               points
------------------------------------------------------------------------
``Supplemental schedule
 for Zs
Agriculture National       Worked in agriculture for 3 years,         25
 Interest                   150 days per year-21 pts
                           Worked in agriculture for 4 years
                            (150 days for 3 years, 100 days
                            for 1 year)-23 pts
                           Worked in agriculture for 5 years,
                            100 days per year-25 pts
U.S. employment            Year of lawful employment-1 pt             15
 experience
Home ownership             Own place of residence-1 pt/year            5
                            owned
------------------------------------------------------------------------
Medical insurance          Current medical insurance for               5
                            entire family
------------------------------------------------------------------------


       ``(B) The Secretary of Homeland Security, after 
     consultation with the Secretary of Commerce and the Secretary 
     of Labor, shall establish procedures to adjudicate petitions 
     filed pursuant to the merit-based evaluation system. The 
     Secretary may establish a time period in a fiscal year in 
     which such petitions must be submitted.
       ``(C) The Standing Commission on Immigration and Labor 
     Markets established pursuant to section 407 of the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007 shall submit recommendations to Congress concerning the 
     establishment of procedures for modifying the selection 
     criteria and relative weights accorded such criteria in order 
     to ensure that the merit-based evaluation system corresponds 
     to the current needs of the United States economy and the 
     national interest.
       ``(D) No modifications to the selection criteria and 
     relative weights accorded such criteria that are established 
     by the Secure Borders, Economic Opportunity, and Immigration 
     Reform Act of 2007 should take effect earlier than the sixth 
     fiscal year in which aliens described in section 
     101(a)(15)(Z) are eligible for an immigrant visa.
       ``(E) The application of the selection criteria to any 
     particular visa petition or application pursuant to the 
     merit-based evaluation system shall be within the Secretary's 
     sole and unreviewable discretion.
       ``(F) Any petition filed pursuant to this paragraph that 
     has not been found by the Secretary to have qualified in the 
     merit-based evaluation system shall be deemed denied on the 
     first day of the third fiscal year following the date on 
     which such petition was filed. Such denial shall not preclude 
     the petitioner from filing a successive petition pursuant to 
     this paragraph. Notwithstanding this paragraph, the Secretary 
     may deny a petition when denial is appropriate under other 
     provisions of law, including but not limited to section 
     204(c).'';
       ``(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'';
       (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.

[[Page S7218]]

       ``(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.''.

                                 ______
                                 
  SA 1404. Ms. CANTWELL (for herself, Mr. Cornyn, Mr. Leahy, Mr. Hatch, 
Mr. Bennett, Mr. Schumer, Mr. Warner, Mr. Sununu, Mr. Ensign, and Mr. 
Gregg) submitted an amendment intended to be proposed by her to the 
bill S. 1348, to provide for comprehensive immigration reform and for 
other purposes; which was ordered to lie on the table; as follows:

       On page 238, beginning with line 13, strike all through 
     page 239, line 38, and insert the following:
       (c) Granting Dual Intent to Certain Nonimmigrant 
     Students.--Section 214(h) (8 U.S.C. 1184(h)) is amended--
       (1) by striking ``(H)(i)(b) or (c),'' and inserting 
     ``(F)(iv), (H)(i)(b), (H)(i)(c),''; and
       (2) by striking ``if the alien had obtained a change of 
     status'' and inserting ``if the alien had been admitted as, 
     provided status as, or obtained a change of status''.

     SEC. 419. H-1B STREAMLINING AND SIMPLIFICATION.

       (a) H-1b Amendments.--Section 214(g) (8 U.S.C. 1184(g)) is 
     amended--
       (1) in paragraph (1)(A), by striking clauses (i) through 
     (vii) and inserting the following:
       ``(i) 115,000 in fiscal year 2008;
       ``(ii) in any subsequent fiscal year, subject to clause 
     (iii), the number for the previous fiscal year as adjusted in 
     accordance with the method set forth in paragraph (2); and
       ``(iii) 180,000 for any fiscal year;''.
       (2) in paragraph (9), as redesignated by section 409--
       (A) in subparagraph (B)--
       (i) in clause (ii), by striking ``The annual numerical 
     limitations described in clause (i) shall not exceed'' and 
     inserting ``Without respect to the annual numerical 
     limitations described in clause (i), the Secretary may issue 
     a visa or otherwise grant nonimmigrant status pursuant to 
     section 1101(a)(15)(H)(i)(b) in the following quantities:''; 
     and
       (ii) by striking clause (iv); and
       (B) by striking subparagraph (D).
       (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 1405. Ms. CANTWELL (for herself, Mr. Cornyn, Mr. Leahy, Mr. Hatch, 
Mr. Bennett, Mr. Schumer, Mr. Warner, Mr. Sununu, Mr. Ensign, and Mr. 
Gregg) 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 262, beginning with line 10, strike all through 
     page 265, line 25, and 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.

       ``(M) The immediate relatives of an alien who is admitted 
     as a merit-based employer-sponsored immigrant under 
     subsection 203(b)(5).''.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the fiscal year 
     subsequent to the fiscal year of enactment.

     SEC. 502. INCREASING AMERICAN COMPETITIVENESS THROUGH A 
                   MERIT-BASED EVALUATION SYSTEM FOR IMMIGRANTS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States benefits from a workforce that has diverse 
     skills, experience, and training.
       (b) Creation of Merit-Based Evaluation System for 
     Immigrants and Reallocation of Visas.--Section 203(b) (8 
     U.S.C. 1153(b)) is amended--
       (1) by striking paragraphs (1) through (3) and inserting 
     the following:
       ``(1) Merit-based immigrants.--Visas shall first be made 
     available in a number not to exceed 95 percent of such 
     worldwide level, plus any visas not required for the classes 
     in paragraphs (2) and (3), to qualified immigrants selected 
     through a merit-based evaluation system.
       ``(A) The merit-based evaluation system shall initially 
     consist of the following criteria and weights:


------------------------------------------------------------------------
                                                                 Maximum
        ``Category                     Description               points
------------------------------------------------------------------------
``Employment               ...................................        47
Occupation                 U.S. employment in specialty
                            occupation
                           (as defined by the Department of
                            Labor)-20 pts
                           U.S. employment in high demand
                            occupation (the 30 occupations
                            that have grown the most in the
                            preceding 10-year period, as
                            determined by the Bureau of Labor
                            Statistics)-16 pts
National interest/         U.S. employment in STEM or health
 critical infrastructure    occupation, current for at least 1
                            year-8 pts (extraordinary or
                            ordinary)
Employer endorsement       A U.S. employer willing to pay 50%
                            of a legal permanent resident's
                            application fee either 1) offers a
                            job, or 2) attests for a current
                            employee-6 pts

[[Page S7219]]

 
Experience                 Years of work for U.S. firm-2 pts/
                            year
                            (max 10 points)
Age of worker              Worker's age: 25-39-3 points
------------------------------------------------------------------------
``Education                M.D., M.B.A., Graduate degree, etc.-       28
(terminal degree)           20 pts
                           Bachelor's Degree-16 pts
                           Associate's Degree-10 pts
                           High school diploma or GED-6 pts
                           Completed certified Perkins
                            Vocational Education program-5 pts
                           Completed Department of Labor
                            Registered Apprenticeship-8 pts
                           STEM, associates and above-8 pts
------------------------------------------------------------------------
``English and civics       Native speaker of English or               15
                           TOEFL score of 75 or higher-15 pts
                           TOEFL score of 60-74-10 pts
                           Pass USCIS Citizenship Tests in
                            English & Civics-6 pts
------------------------------------------------------------------------
``Extended family          Adult (21 or older) son or daughter        10
 (Applied if threshold of   of United States citizen-8 points
 55 in above categories)
                           Adult (21 or older) son or daughter
                            of a legal permanent resident-6
                            pts
                           Sibling of United States citizen or
                            LPR-4 pts
                           If had applied for a family visa in
                            any of the above categories after
                            May 1, 2005-2 pts
------------------------------------------------------------------------
``Total                    ...................................       100
------------------------------------------------------------------------



------------------------------------------------------------------------
                                                                 Maximum
        ``Category                     Description               points
------------------------------------------------------------------------
``Supplemental schedule    ...................................
 for Zs
Agriculture National       Worked in agriculture for 3 years,         25
 Interest                   150 days per year-21 pts
                           Worked in agriculture for 4 years
                            (150 days for 3 years, 100 days
                            for 1 year)-23 pts
                           Worked in agriculture for 5 years,
                            100 days per year-25 pts
U.S. employment            Year of lawful employment-1 pt             15
 experience
Home ownership             Own place of residence-1 pt/year            5
                            owned
Medical insurance          Current medical insurance for               5
                            entire family
------------------------------------------------------------------------

       ``(B) The Secretary of Homeland Security, after 
     consultation with the Secretary of Commerce and the Secretary 
     of Labor, shall establish procedures to adjudicate petitions 
     filed pursuant to the merit-based evaluation system. The 
     Secretary may establish a time period in a fiscal year in 
     which such petitions must be submitted.
       ``(C) The Standing Commission on Immigration and Labor 
     Markets established pursuant to section 407 of the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007 shall submit recommendations to Congress concerning the 
     establishment of procedures for modifying the selection 
     criteria and relative weights accorded such criteria in order 
     to ensure that the merit-based evaluation system corresponds 
     to the current needs of the United States economy and the 
     national interest.
       ``(D) No modifications to the selection criteria and 
     relative weights accorded such criteria that are established 
     by the Secure Borders, Economic Opportunity, and Immigration 
     Reform Act of 2007 should take effect earlier than the sixth 
     fiscal year in which aliens described in section 
     101(a)(15)(Z) are eligible for an immigrant visa.
       ``(E) The application of the selection criteria to any 
     particular visa petition or application pursuant to the 
     merit-based evaluation system shall be within the Secretary's 
     sole and unreviewable discretion.
       ``(F) Any petition filed pursuant to this paragraph that 
     has not been found by the Secretary to have qualified in the 
     merit-based evaluation system shall be deemed denied on the 
     first day of the third fiscal year following the date on 
     which such petition was filed. Such denial shall not preclude 
     the petitioner from filing a successive petition pursuant to 
     this paragraph. Notwithstanding this paragraph, the Secretary 
     may deny a petition when denial is appropriate under other 
     provisions of law, including but not limited to section 
     204(c).'';
       ``(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'';
       (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

[[Page S7220]]

     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.''.

                                 ______
                                 
  SA 1406. Mr. DURBIN (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:

       Beginning on page 242, strike line 37 and all that follows 
     through line 24, on page 250, and insert the following:
       ``(I) If the employer employs not less than 50 employees in 
     the United States, not more than 50 percent of such employees 
     are H-1B nonimmigrants and nonimmigrants described in section 
     101(a)(15)(L).''.
       (e) Wage Determination.--
       (1) Change in minimum wages.--Section 212(n)(1) of such 
     Act, as amended by this section, is further amended--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) The employer--
       ``(i) is offering and will offer, during the period of 
     authorized employment, to aliens admitted or provided status 
     as an H-1B nonimmigrant, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--
       ``(I) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(II) the median average wage for all workers in the 
     occupational classification in the area of employment; or
       ``(III) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and
       ``(ii) will provide working conditions for such a 
     nonimmigrant that will not adversely affect the working 
     conditions of workers similarly employed.''; and
       (B) in subparagraph (D), by inserting ``the wage 
     determination methodology used under subparagraph (A)(i),'' 
     after ``shall contain''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (f) Prohibition of Outplacement.--
       (1) In general.--Section 212(n) of such Act, as amended by 
     this section, is further amended--
       (A) in paragraph (1), by amending subparagraph (F) to read 
     as follows:
       ``(F) The employer shall not place, outsource, lease, or 
     otherwise contract for the placement of an H-1B nonimmigrant 
     with another employer unless the employer of the alien has 
     received a waiver under paragraph (2)(E).''; and
       (B) in paragraph (2), by amending subparagraph (E) to read 
     as follows:
       ``(E) The Secretary of Labor shall promulgate rules, after 
     notice and a period for comment, for an employer of an H-1B 
     nonimmigrant to apply for a waiver of the prohibition in 
     paragraph (1)(F). The decision whether to grant or deny a 
     waiver under this subparagraph shall be in the sole and 
     unreviewable discretion of the Secretary. In order to receive 
     a waiver under this subparagraph, the burden shall be on the 
     employer seeking the waiver to establish that--
       ``(i) the placement is for legitimate business purposes and 
     not to evade the requirements of this subsection;
       ``(ii) the employer with whom the nonimmigrant would be 
     placed has not displaced and does not intend to displace a 
     United States worker employed by the employer within the 
     period beginning 180 days before and ending 180 days after 
     the date of the placement of the nonimmigrant with the 
     employer;
       ``(iii) the nonimmigrant will not be controlled and 
     supervised principally by the employer with whom the 
     nonimmigrant would be placed; and
       ``(iv) the placement of the nonimmigrant is not essentially 
     an arrangement to provide labor for hire for the employer 
     with whom the nonimmigrant will be placed.''.
       (2) Application.--The amendments made by paragraph (1) 
     shall apply to an application filed on or after the date the 
     rules required section 212(n)(2)(E) of such Act, as amended 
     by paragraph (1)(B) of this subsection, are issued.
       (g) Posting Available Positions.--
       (1) Posting available positions.--Section 212(n)(1)(C) of 
     such Act is amended--
       (A) by redesignating clause (ii) as subclause (II);
       (B) by striking ``(i) has provided'' and inserting the 
     following:
       ``(ii)(I) has provided''; and
       (C) by inserting before clause (ii), as redesignated by 
     subparagraph (B), the following:
       ``(i) has posted a detailed description of each position 
     for which a nonimmigrant is sought on the website described 
     in paragraph (6) of this subsection for at least 30 calendar 
     days, which description shall include the wages and other 
     terms and conditions of employment, the minimum education, 
     training, experience and other requirements for the position, 
     and the process for applying for the position; and''.
       (2) Department of labor website.--Section 212(n) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(6)(A) Not later than 90 days after the date of the 
     enactment of this paragraph, the Secretary of Labor shall 
     establish a searchable website for posting positions as 
     required by paragraph (1)(C). This website shall be publicly 
     accessible without charge.
       ``(B) The Secretary may charge a nominal filing fee to 
     employers who post positions on the website established under 
     this paragraph to cover expenses for establishing and 
     administering the website.
       ``(C) The Secretary may work with private companies and 
     nonprofit organizations in the development and operation of 
     the website established under this paragraph.
       ``(D) The Secretary may promulgate rules, after notice and 
     a period for comment, to carry out the requirements of this 
     paragraph.''.
       (3) Application.--The amendments made by paragraph (1) 
     shall apply to an application filed 30 days or more after the 
     date that the website required by section 212(n)(6) of such 
     Act, as added by paragraph (2) of this subsection, is 
     created.
       (h) Public Availability and Records Retention.--Section 
     212(n) of such Act, as amended by this section, is further 
     amended, by adding at the end the following:
       ``(7) For each application filed under paragraph (1), the 
     employer who filed the application shall--
       ``(A) upon request, provide a copy of the application and 
     supporting documentation to every nonimmigrant employed by 
     the employer under the application;
       ``(B) upon request, make available for public examination 
     at the employer's place of business or worksite a copy of the 
     application and supporting documentation;
       ``(C) upon request, make available a copy of the 
     application and supporting documentation to the Secretary of 
     Labor; and
       ``(D) retain a copy of the application and supporting 
     documentation for at least 5 years after the date on which 
     the application is filed.''.

     SEC. 421. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

       (a) Safeguards Against Fraud and Misrepresentation in 
     Application Review Process.--Section 212(n)(1)(K) of the 
     Immigration and Nationality Act, as redesignated by section 
     2(d)(2), is amended--
       (1) by inserting ``and through the Department of Labor's 
     website, without charge.'' after ``D.C.'';
       (2) by inserting ``, clear indicators of fraud, 
     misrepresentation of material fact,'' after ``completeness'';
       (3) by striking ``or obviously inaccurate'' and inserting 
     ``, presents clear indicators of fraud or misrepresentation 
     of material fact, or is obviously inaccurate'';
       (4) by striking ``within 7 days of'' and inserting ``not 
     later than 14 days after''; and
       (5) by adding at the end the following: ``If the 
     Secretary's review of an application identifies clear 
     indicators of fraud or misrepresentation of material fact, 
     the Secretary may conduct an investigation and hearing under 
     paragraph (2)''.
       (b) Investigations by Department of Labor.--Section 
     212(n)(2) of such Act is amended--
       (1) in subparagraph (A)--
       (A) by striking ``12 months'' and inserting ``24 months''; 
     and
       (B) by striking ``The Secretary shall conduct'' and all 
     that follows and inserting ``Upon the receipt of such a 
     complaint, the Secretary may initiate an investigation to 
     determine if such a failure or misrepresentation has 
     occurred.'';
       (2) in subparagraph (C)(i)--
       (A) by striking ``` condition of paragraph (1)(B), (1)(E), 
     or (1)(F)'' and inserting ``a condition under subparagraph 
     (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; 
     and
       (B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
       (3) in subparagraph (G)--
       (A) in clause (i), by striking ``if the Secretary'' and all 
     that follows and inserting ``with regard to the employer's 
     compliance with the requirements of this subsection.'';

[[Page S7221]]

       (B) in clause (ii), by striking ``and whose identity'' and 
     all that follows through ``failure or failures.'' and 
     inserting ``the Secretary of Labor may conduct an 
     investigation into the employers compliance with the 
     requirements of this subsection.'';
       (C) in clause (iii), by striking the last sentence;
       (D) by striking clauses (iv) and (v);
       (E) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (F) in clause (iv), as redesignated, by striking ``meet a 
     condition described in clause (ii), unless the Secretary of 
     Labor receives the information not later than 12 months'' and 
     inserting ``comply with the requirements under this 
     subsection, unless the Secretary of Labor receives the 
     information not later than 24 months'';
       (G) by amending clause (v), as redesignated, to read as 
     follows:
       ``(v) The Secretary of Labor shall provide notice to an 
     employer of the intent to conduct an investigation. The 
     notice shall be provided in such a manner, and shall contain 
     sufficient detail, to permit the employer to respond to the 
     allegations before an investigation is commenced. The 
     Secretary is not required to comply with this clause if the 
     Secretary determines that such compliance would interfere 
     with an effort by the Secretary to investigate or secure 
     compliance by the employer with the requirements of this 
     subsection. A determination by the Secretary under this 
     clause shall not be subject to judicial review.''.
       (H) in clause (vi), as redesignated, by striking ``An 
     investigation'' and all that follows through ``the 
     determination.'' and inserting ``If the Secretary of Labor, 
     after an investigation under clause (i) or (ii), determines 
     that a reasonable basis exists to make a finding that the 
     employer has failed to comply with the requirements under 
     this subsection, the Secretary shall provide interested 
     parties with notice of such determination and an opportunity 
     for a hearing in accordance with section 556 of title 5, 
     United States Code, not later than 120 days after the date of 
     such determination.''; and
       (I) by adding at the end the following:
       ``(vii) If the Secretary of Labor, after a hearing, finds a 
     reasonable basis to believe that the employer has violated 
     the requirements under this subsection, the Secretary may 
     impose a penalty under subparagraph (C).''; and
       (4) by striking subparagraph (H).
       (c) Information Sharing Between Department of Labor and 
     Department of Homeland Security.--Section 212(n)(2) of such 
     Act, as amended by this section, is further amended by 
     inserting after subparagraph (G) the following:
       ``(H) The Director of United States Citizenship and 
     Immigration Services shall provide the Secretary of Labor 
     with any information contained in the materials submitted by 
     H-1B employers as part of the adjudication process that 
     indicates that the employer is not complying with H-1B visa 
     program requirements. The Secretary may initiate and conduct 
     an investigation and hearing under this paragraph after 
     receiving information of noncompliance under this 
     subparagraph.''.
       (d) Audits.--Section 212(n)(2)(A) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following: ``The Secretary may conduct surveys of the degree 
     to which employers comply with the requirements under this 
     subsection and may conduct annual compliance audits of 
     employers that employ H-1B nonimmigrants. The Secretary shall 
     conduct annual compliance audits of not less than 1 percent 
     of the employers that employ H-1B nonimmigrants during the 
     applicable calendar year.''
       (e) Penalties.--Section 212(n)(2)(C) of such Act, as 
     amended by this section, is further amended--
       (1) in clause (i)(I), by striking ``$1,000'' and inserting 
     ``$2,000'';
       (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
     ``$10,000''; and
       (3) in clause (vi)(III), by striking ``$1,000'' and 
     inserting ``$2,000''.
       (f) Information Provided to H-1B Nonimmigrants Upon Visa 
     Issuance.--Section 212(n) of such Act, as amended by this 
     section, is further amended by inserting after paragraph (2) 
     the following:
       ``(3)(A) Upon issuing an H-1B visa to an applicant outside 
     the United States, the issuing office shall provide the 
     applicant with--
       ``(i) a brochure outlining the employer`s obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections; and
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer obligations and workers' rights.
       ``(B) Upon the issuance of an H-1B visa to an alien inside 
     the United States, the officer of the Department of Homeland 
     Security shall provide the applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections; and
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer's obligations and workers' rights.''.
       (g) Additional Department of Labor Employees.--
       (1) In general.--The Secretary of Labor shall increase by 
     not less than 200 the number of positions to administer, 
     oversee, investigate, and enforce programs involving H-1B 
     nonimmigrant workers.
       (2) Funding.--Notwithstanding any other provision of law, 
     the Secretary of Labor may use amounts in the Fraud 
     Prevention and Detection Account made available to the 
     Secretary pursuant to section 286(v)(2)(C) of the Immigration 
     and Nationality Act (8 U.S.C. 1356(v)(2)(C)) to carry out 
     paragraph (1).

     SEC. 422. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

       (a) In General.--Section 214(c)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (E), by striking ``In the case of an 
     alien spouse admitted under section 101(a)(15)(L), who'' and 
     inserting ``Except as provided in subparagraph (H), if an 
     alien spouse admitted under section 101(a)(15)(L)''; and
       (3) by adding at the end the following:
       ``(G)(i) If the beneficiary of a petition under this 
     subsection is coming to the United States to open, or be 
     employed in, a new facility, the petition may be approved for 
     up to 12 months only if the employer operating the new 
     facility has--
       ``(I) a business plan;
       ``(II) sufficient physical premises to carry out the 
     proposed business activities; and
       ``(III) the financial ability to commence doing business 
     immediately upon the approval of the petition.
       ``(ii) An extension of the approval period under clause (i) 
     may not be granted until the importing employer submits an 
     application to the Secretary of Homeland Security that 
     contains--
       ``(I) evidence that the importing employer meets the 
     requirements of this subsection;
       ``(II) evidence that the beneficiary meets the requirements 
     under section 101(a)(15)(L);
       ``(III) a statement summarizing the original petition;
       ``(IV) evidence that the importing employer has fully 
     complied with the business plan submitted under clause 
     (i)(I);
       ``(V) evidence of the truthfulness of any representations 
     made in connection with the filing of the original petition;
       ``(VI) evidence that the importing employer, during the 
     preceding 12 months, has been doing business at the new 
     facility through regular, systematic, and continuous 
     provision of goods or services, or has otherwise been taking 
     commercially reasonable steps to establish the new facility 
     as a commercial enterprise;
       ``(VII) a statement of the duties the beneficiary has 
     performed at the new facility during the preceding 12 months 
     and the duties the beneficiary will perform at the new 
     facility during the extension period approved under this 
     clause;
       ``(VIII) a statement describing the staffing at the new 
     facility, including the number of employees and the types of 
     positions held by such employees;
       ``(IX) evidence of wages paid to employees;
       ``(X) evidence of the financial status of the new facility; 
     and
       ``(XI) any other evidence or data prescribed by the 
     Secretary.
       ``(iii) Notwithstanding subclauses (I) through (VI) of 
     clause (ii), and subject to the maximum period of authorized 
     admission set forth in subparagraph (D), the Secretary of 
     Homeland Security may approve a petition subsequently filed 
     on behalf of the beneficiary to continue employment at the 
     facility described in this subsection for a period beyond the 
     initially granted 12-month period if the importing employer 
     demonstrates that the failure to satisfy any of the 
     requirements described in those subclauses was directly 
     caused by extraordinary circumstances beyond the control of 
     the importing employer.
       ``(iv) For purposes of determining the eligibility of an 
     alien for classification under section 101(a)(15)(L), the 
     Secretary of Homeland Security shall work cooperatively with 
     the Secretary of State to verify a company or facility's 
     existence in the United States and abroad.''.
       (b) Investigations and Audits by Department of Homeland 
     Security.--
       (1) Department of homeland security investigations.--
     Section 214(c)(2) of such Act, as amended by this section, is 
     further amended by adding at the end the following:
       ``(I)(i) The Secretary of Homeland Security may initiate an 
     investigation of any employer that employs nonimmigrants 
     described in section 101(a)(15)(L) with regard to the 
     employer's compliance with the requirements of this 
     subsection.
       ``(ii) If the Secretary of Homeland Security receives 
     specific credible information from a source who is likely to 
     have knowledge of an employer's practices, employment 
     conditions, or compliance with the requirements under this 
     subsection, the Secretary may conduct an investigation into 
     the employer's compliance with the requirements of this 
     subsection. The Secretary may withhold the identity of the 
     source from the employer, and the source's identity shall not 
     be subject to disclosure under section 552 of title 5.
       ``(iii) The Secretary of Homeland Security shall establish 
     a procedure for any person desiring to provide to the 
     Secretary of Homeland Security information described in 
     clause (ii) that may be used, in whole or in part, as the 
     basis for the commencement of an investigation described in 
     such clause, to provide the information in writing on a form 
     developed and provided by the Secretary of

[[Page S7222]]

     Homeland Security and completed by or on behalf of the 
     person.
       ``(iv) No investigation described in clause (ii) (or 
     hearing described in clause (vi) based on such investigation) 
     may be conducted with respect to information about a failure 
     to comply with the requirements under this subsection, unless 
     the Secretary of Homeland Security receives the information 
     not later than 24 months after the date of the alleged 
     failure.
       ``(v) Before commencing an investigation of an employer 
     under clause (i) or (ii), the Secretary of Homeland Security 
     shall provide notice to the employer of the intent to conduct 
     such investigation. The notice shall be provided in such a 
     manner, and shall contain sufficient detail, to permit the 
     employer to respond to the allegations before an 
     investigation is commenced. The Secretary is not required to 
     comply with this clause if the Secretary determines that to 
     do so would interfere with an effort by the Secretary to 
     investigate or secure compliance by the employer with the 
     requirements of this subsection. There shall be no judicial 
     review of a determination by the Secretary under this clause.
       ``(vi) If the Secretary of Homeland Security, after an 
     investigation under clause (i) or (ii), determines that a 
     reasonable basis exists to make a finding that the employer 
     has failed to comply with the requirements under this 
     subsection, the Secretary shall provide interested parties 
     with notice of such determination and an opportunity for a 
     hearing in accordance with section 556 of title 5, United 
     States Code, not later than 120 days after the date of such 
     determination. If such a hearing is requested, the Secretary 
     shall make a finding concerning the matter by not later than 
     120 days after the date of the hearing.
       ``(vii) If the Secretary of Homeland Security, after a 
     hearing, finds a reasonable basis to believe that the 
     employer has violated the requirements under this subsection, 
     the Secretary may impose a penalty under section 
     214(c)(2)(J).''.
       (2) Audits.--Section 214(c)(2)(I) of such Act, as added by 
     paragraph (1), is amended by adding at the end the following:
       ``(viii) The Secretary of Homeland Security may conduct 
     surveys of the degree to which employers comply with the 
     requirements under this section and may conduct annual 
     compliance audits of employers that employ H-1B 
     nonimmigrants. The Secretary shall conduct annual compliance 
     audits of not less than 1 percent of the employers that 
     employ nonimmigrants described in section 101(a)(15)(L) 
     during the applicable calendar year.''.
       (3) Reporting requirement.--Section 214(c)(8) of such Act 
     is amended by inserting ``(L),'' after ``(H),''.
       (c) Penalties.--Section 214(c)(2) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following:
       ``(J)(i) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a failure by an 
     employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $2,000 per violation) as 
     the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 1 year, approve a petition for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(ii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 2 years, approve a petition filed for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(iii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (L)(i)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the employer shall be liable to employees harmed for 
     lost wages and benefits.''.
       (d) Department of Homeland Security Processing of Blanket 
     Petition L Visas.--
       (1) In general.--Paragraph (2)(A) of section 214(c) of such 
     Act is amended to read as follows:
       ``(2)(A) The Secretary of Homeland Security shall provide 
     for a procedure under which an importing employer which meets 
     the requirements established by the Secretary of Homeland 
     Security may file a blanket petition to import aliens as 
     nonimmigrants described in section 101(a)(15)(L) instead of 
     filing individual petitions under paragraph (1) to import 
     such aliens. Such procedure shall permit the expedited 
     adjudication by the Secretary of Homeland Security of 
     individual petitions covered under such blanket petitions. 
     Adjudication of blanket petitions or individual petitions 
     covered under such blanket petitions may not be delegated by 
     the Secretary of Homeland Security to the Secretary of 
     State.''.
       (2) Fraud prevention detection fees.--Paragraph (12)(B) of 
     section 214(c) of such Act is amended to read as follows:
       ``(B) In addition to any other fees authorized by law, the 
     Secretary of Homeland Security shall impose a fraud 
     prevention and detection fee on an employer filing an 
     individual petition covered under a blanket petition 
     described in paragraph (2)(A) initially to grant an alien 
     nonimmigrant status described in section 101(a)(15)(L).''.
       (e) Wage Determination.--
       (1) Change in minimum wages.--Paragraph (2) of section 
     214(c) of such Act, as amended by this section, is further 
     amended by adding at the end the following:
       ``(K)(i) An employer that employs a nonimmigrant described 
     in section 101(a)(15)(L) shall--
       ``(I) offer such nonimmigrant, during the period of 
     authorized employment, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--

       ``(aa) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(bb) the median average wage for all workers in the 
     occupational classification in the area of employment; or
       ``(cc) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and

       ``(II) provide working conditions for such nonimmigrant 
     that will not adversely affect the working conditions of 
     workers similarly employed.
       ``(ii) If an employer, in such previous period specified by 
     the Secretary of Homeland Security, employed 1 or more L-1 
     nonimmigrants, the employer shall provide to the Secretary of 
     Homeland Security the Internal Revenue Service Form W-2 Wage 
     and Tax Statement filed by the employer with respect to such 
     nonimmigrants for such period.
       ``(iii) It is a failure to meet a condition under this 
     subparagraph for an employer, who has filed a petition to 
     import 1 or more aliens as nonimmigrants described in section 
     101(a)(15)(L), to--
       ``(I) require such a nonimmigrant to pay a penalty for 
     ceasing employment with the employer before a date mutually 
     agreed to by the nonimmigrant and the employer; or
       ``(II) fail to offer to such a nonimmigrant, during the 
     nonimmigrant's period of authorized employment, on the same 
     basis, and in accordance with the same criteria, as the 
     employer offers to United States workers, benefits and 
     eligibility for benefits, including--

       ``(aa) the opportunity to participate in health, life, 
     disability, and other insurance plans;
       ``(bb) the opportunity to participate in retirement and 
     savings plans; and
       ``(cc) cash bonuses and noncash compensation, such as stock 
     options (whether or not based on performance).

       ``(iv) The Secretary of Homeland Security shall determine 
     whether a required payment under clause (iii)(I) is a penalty 
     (and not liquidated damages) pursuant to relevant State 
     law.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (f) Prohibition on Outplacement.--
       (1) In general.--Paragraph (2) of section 214(c) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(L)(i) An employer who imports an alien as a nonimmigrant 
     described in section 101(a)(15)(L) shall not place, 
     outsource, lease, or otherwise contract for the placement of 
     the alien with another employer unless the employer of the 
     alien has received a waiver under clause (ii).
       ``(ii) The Secretary of Homeland Security shall promulgate 
     rules, after notice and a period for comment, for an employer 
     to apply for a waiver of the prohibition set out in clause 
     (i). The decision whether to grant or deny such a waiver 
     under this subparagraph shall be in the sole and unreviewable 
     discretion of the Secretary. In order to receive such a 
     waiver, the burden shall be on the employer seeking the 
     waiver to establish that--
       ``(I) the placement is for legitimate business purposes and 
     not to evade the requirements of this subsection;
       ``(II) the employer with whom the nonimmigrant would be 
     placed has not displaced and does not intend to displace a 
     United States worker employed by the employer within the 
     period beginning 180 days before and ending 180 days after 
     the date of the placement of the nonimmigrant with the 
     employer;
       ``(III) the nonimmigrant will not be controlled and 
     supervised principally by the employer with whom the 
     nonimmigrant would be placed; and
       ``(IV) the placement of the nonimmigrant is not essentially 
     an arrangement to provide labor for hire for the employer 
     with whom the nonimmigrant will be placed, rather

[[Page S7223]]

     than a placement in connection with the provision or a 
     product or service for which specialized knowledge specific 
     to the petitioning employer is necessary.''.
       (2) Application.--The amendment made by paragraph (1) shall 
     apply to an application filed on or after the date the rules 
     required section 212(c)(2)(L)(ii) of such Act, as added by 
     paragraph (1) of this subsection, are issued.
                                 ______
                                 
  SA 1407. 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:

       Beginning on page 238, strike lines 41 and all that follows 
     through line 21 on page 239, and insert the following:
       (2) in paragraph (1), by amending subparagraph (A) to read 
     as follows:
       ``(A) under section 101(a)(15)(H)(i)(b) may not exceed 
     200,000 for each fiscal year; or'';
       (3) by striking paragraphs (6), (7), and (8), as 
     redesignated by section 409(2);
       (4) in paragraph (9), as redesignated by section 409(2)--
       (A) in subparagraph (B), by striking clause (iv); and
       (B) by striking subparagraph (D).
                                 ______
                                 
  SA 1408. 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:

       At the appropriate place, insert the following:

     SEC. ___. LABOR CONDITION APPLICATION.

       Section 212(n)(1) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)(1)) is amended--
       (1) in subparagraph (D)--
       (A) by striking ``(D) The application'' and inserting the 
     following:
       ``(D) Specifications.--
       ``(i) In general.--The application''; and
       (B) 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.''; and
       (2) in subparagraph (G)(i)--
       (A) by striking ``In the case of an application described 
     in subparagraph (E)(ii), subject'' and inserting ``Subject'';
       (B) in subclause (I), by striking ``and'' at the end;
       (C) in subclause (II), by striking the period at the end 
     and inserting ``; and''; and
       (D) 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 1409. Mr. SCHUMER (for himself and Mrs. Hutchison) 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 281, after line 27, insert the following:

     SEC. 509. INCREASING THE DOMESTIC SUPPLY OF NURSES AND 
                   PHYSICAL THERAPISTS.

       (a) Report.--
       (1) In general.--Not later than January 1, 2008, the 
     Secretary of Health and Human Services shall submit to 
     Congress a report on the shortage of nurses and physical 
     therapists educated in the United States.
       (2) Contents.--The report required by paragraph (1) shall--
       (A) include information from the most recent 3 years for 
     which data are available;
       (B) provide separate data for each occupation and for each 
     State;
       (C) separately identify the nurses and physical therapists 
     receiving initial licenses in each State and the nurses and 
     physical therapists licensed by endorsement from other 
     States;
       (D) identify, from among the nurses and physical therapists 
     receiving initial licenses in each year, the number of such 
     nurses and physical therapists who received professional 
     educations in the United States and the number of such nurses 
     and physical therapists who received professional educations 
     outside the United States;
       (E) to the extent possible, identify, by State of residence 
     and the country in which each nurse or physical therapist 
     received a professional education, the number of nurses and 
     physical therapists who received professional educations in 
     any of the 5 countries from which the highest number of 
     nurses and physical therapists emigrated to the United 
     States;
       (F) identify the barriers to increasing the supply of 
     nursing faculty in the United States, domestically trained 
     nurses, and domestically trained physical therapists;
       (G) recommend strategies for Federal and State governments 
     to reduce such barriers, including strategies that address 
     barriers that prevent health care workers, such as home 
     health aides and nurse's assistants, from advancing to become 
     registered nurses;
       (H) recommend amendments to Federal law to reduce the 
     barriers identified in subparagraph (F);
       (I) recommend Federal grants, loans, and other incentives 
     that would increase the supply of nursing faculty and 
     training facilities for nurses in the United States, and 
     recommend other steps to increase the number of nurses and 
     physical therapists who receive professional educations in 
     the United States;
       (J) identify the effects of emigration by nurses on the 
     health care systems in the countries of origin of such 
     nurses;
       (K) recommend amendments to Federal law to minimize the 
     effects of shortages of nurses in the countries of origin of 
     nurses who immigrate to the United States; and
       (L) report on the level of Federal investment determined 
     under subsection (b)(1) to be necessary to eliminate the 
     shortage of nurses and physical therapists in the United 
     States.
       (b) Consultation.--The Secretary of Health and Human 
     Services shall--
       (1) enter into a contract with the Institute of Medicine of 
     the National Academies to determine the level of Federal 
     investment under titles VII and VIII of the Public Health 
     Service Act (42 U.S.C. 292 et seq.) that would be necessary 
     to eliminate the shortage of nurses and physical therapists 
     in the United States by January 1, 2015; and
       (2) consult with other agencies in working with ministers 
     of health or other appropriate officials of the 5 countries 
     from which the highest number of nurses and physical 
     therapists emigrated, as reported under subsection (a)(2)(E), 
     to--
       (A) address shortages of nurses and physical therapists in 
     such countries caused by emigration; and
       (B) provide the technical assistance needed to reduce 
     further shortages of nurses and physical therapists in such 
     countries.
       (c) Recapture of Unused Employment-Based Immigrant Visas.--
       (1) In general.--Section 106(d) of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note) is amended--
       (A) in paragraph (1)--
       (i) by inserting ``1996, 1997,'' after ``available in 
     fiscal year''; and
       (ii) by inserting ``group I,'' after ``schedule A,'';
       (B) in paragraph (2)(A), by inserting ``1996, 1997, and'' 
     after ``available in fiscal years''; and
       (C) by adding at the end the following:
       ``(4) Petitions.--The Secretary of Homeland Security shall 
     provide a process for reviewing and acting upon petitions 
     with respect to immigrants described in schedule A not later 
     than 30 days after the date on which a completed petition has 
     been filed.''.
       (2) Applicability.--Notwithstanding any provision of this 
     Act or any amendment made by this Act, section 106(d) of the 
     American Competitiveness in the Twenty-first Century Act of 
     2000 (Public Law 106-313; 8 U.S.C. 1153 note), as amended by 
     paragraph (1), shall apply to petitions filed on or before 
     the effective date set forth in section 502(d) of this Act 
     for classification under paragraph (1), (2), or (3) of 
     subsection (b), or subsection (d), of section 203 of the the 
     Immigration and Nationality Act (as such section was in 
     effect on the day before the date of the enactment of this 
     Act).
                                 ______
                                 
  SA 1410. 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:

       On page 308, strike line 35 and all that follows through 
     page 314, line 10, and insert the following:
       (b) Removal of Aliens Who Have Been Denied Status Under 
     This Title.--
       (1) Aliens who are determined to be ineligible due to 
     criminal convictions.--
       (A) Aggravated felons.--Notwithstanding any other provision 
     of this Act, an alien whose application for status under this 
     title has been denied or whose status has been terminated or 
     revoked by the Secretary under section 601(d)(1)(F)(ii) 
     because the alien has been convicted of an aggravated felony 
     (as that term is defined in section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), may 
     be placed forthwith in proceedings pursuant to section 238(b) 
     of the Immigration and Nationality Act (8 U.S.C. 1228(b)).
       (B) Other criminals.--Notwithstanding any other provision 
     of this Act, any alien whose application for status under 
     this title has been denied or whose status has been 
     terminated or revoked by the Secretary under clause (i), 
     (iii), or (iv) of section 601(d)(1)(F) may be placed 
     forthwith in removal proceedings under section 240 of the 
     Immigration and Nationality Act (8 U.S.C. 1229a).
       (C) Final denial, termination or rescission.--The 
     Secretary's denial, termination, or rescission of the status 
     of any alien described in subparagraph (A) or (B) shall 
     represent the exhaustion of all review procedures for 
     purposes of sections 601(h) (relating to treatment of 
     applicants) and 601(o) (relating to termination of 
     proceedings) of this Act, notwithstanding subsection (a)(2) 
     of this section.

[[Page S7224]]

       (2) Limitation on motions to reopen and reconsider.--During 
     the removal process under this subsection an alien may file 
     not more than 1 motion to reopen or to reconsider. The 
     decision of the Secretary or Attorney General regarding 
     whether to consider any such motion is committed to the 
     discretion of the Secretary or the Attorney General, as the 
     case may be.
       (c) Judicial Review.--Section 242 of the Immigration and 
     Nationality Act (8 U.S.C. 1252) is amended by adding at the 
     end the following:
       ``(h) Judicial Review of Eligibility Determinations 
     Relating to Status Under Title VI of the Secure Borders, 
     Economic Opportunity, and Immigration Reform Act of 2007.--
       ``(1) Exclusive review.--Notwithstanding any other 
     provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, United States Code, (or any other 
     habeas corpus provision) and sections 1361 and 1651 of such 
     title, and except as provided in this subsection, no court 
     shall have jurisdiction to review a determination respecting 
     an application for status under title VI of the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007, including, a denial, termination, or rescission of such 
     status.
       ``(2) Review of a denial, termination, or rescission of 
     status.--
       ``(A) Direct review.--
       ``(i) In general.--A denial, termination, or rescission of 
     status under section 601 of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007 shall be 
     subject to judicial review in accordance with chapter 7 of 
     title 5, United States Code, before the United States 
     district court for the district in which the person resides, 
     if the petition for review is filed not later than 30 days 
     after the later of the date of the denial, termination, or 
     rescission and the date of the mailing thereof.
       ``(ii) Review.--For any petition filed under clause (i)--

       ``(I) the court shall review the challenge to the denial, 
     termination, or rescission of status on the administrative 
     record on which the denial, termination, or rescission by the 
     Secretary of Homeland Security was based; and
       ``(II) an alien may file not more than 1 motion to reopen 
     or reconsider proceedings brought under this section.

       ``(B) Review after removal proceedings.--A denial, 
     termination, or rescission of status under section 601 of the 
     Secure Borders, Economic Opportunity, and Immigration Reform 
     Act of 2007 may be subject to judicial review in conjunction 
     with judicial review of an order of removal, deportation, or 
     exclusion if the validity of the denial, termination, or 
     rescission of status has not been upheld in a prior judicial 
     proceeding under subparagraph (A). Notwithstanding any other 
     provision of law, the standard of review of such a denial, 
     termination, or rescission of status shall be governed by 
     subparagraph (C).
       ``(C) Standard for judicial review.--Judicial review of the 
     denial, termination, or rescission of status by the Secretary 
     of Homeland Security under title VI of the Secure Borders, 
     Economic Opportunity, and Immigration Reform Act of 2007, 
     relating to any alien shall be based on the administrative 
     record before the Secretary when the Secretary enters a final 
     denial, termination, or rescission. The court may reverse or 
     remand any final decision that is found to be arbitrary, 
     capricious, unsupported by substantial evidence, or otherwise 
     not in accordance with law.
       ``(D) Stay of removal.--An alien seeking administrative or 
     judicial review under this subsection shall not be removed 
     from the United States until a final decision is rendered on 
     the appeal of that alien.
       ``(E) Confidentiality.--Information furnished or otherwise 
     developed in judicial review proceedings shall be subject to 
     the terms of section 604 of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007, relating to 
     confidentiality. Appropriate measures shall be taken to 
     ensure the confidentiality of this information, such as 
     redacting identifying information from filings or, where 
     necessary, filing documents under seal.
       ``(3) Challenges on validity of the system.----
       ``(A) In general.--Any claim that title VI of the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007, or any regulation, written policy, or written directive 
     issued or unwritten policy or practice initiated by or under 
     the authority of the Secretary of Homeland Security to 
     implement that title, violates the Constitution of the United 
     States or is otherwise in violation of law may be made 
     exclusively in an action instituted in an appropriate United 
     States district court in accordance with the procedures under 
     this paragraph. Nothing in this subparagraph shall preclude 
     an applicant for status under title VI of the Secure Borders, 
     Economic Opportunity, and Immigration Reform Act of 2007 from 
     asserting that an action taken or decision made by the 
     Secretary with respect to the status of the applicant under 
     that title was contrary to law in a proceeding under section 
     603 of the Secure Borders, Economic Opportunity, and 
     Immigration Reform Act of 2007.
       ``(B) Deadlines for bringing actions.--Any action 
     instituted by a person or entity under this paragraph--
       ``(i) if it asserts a claim that title VI of the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007, or any regulation, written policy, or written directive 
     issued by or under the authority of the Secretary of Homeland 
     Security to implement that title, violates the Constitution 
     of the United States or is otherwise unlawful, shall be filed 
     not later than 1 year after the date of the publication or 
     promulgation of the challenged regulation, policy, or 
     directive or, in cases challenging the validity of that Act, 
     not later than 1 year after the date of the initial 
     application of the provision being challenged; and
       ``(ii) if it asserts a claim that an unwritten policy or 
     practice initiated by or under the authority of the Secretary 
     violates the Constitution of the United States or is 
     otherwise unlawful, be filed not later than 1 year after the 
     date that plaintiff knew or reasonably should have known of 
     the unwritten policy or practice.
       ``(C) Class actions.--Any claim described in subparagraph 
     (A) that is brought as a class action shall be brought in 
     conformity with the Class Action Fairness Act of 2005 (Public 
     Law 109-2; 119 Stat. 4), the amendments made by that Act, and 
     the Federal Rules of Civil Procedure.
       ``(D) Preclusive effect.--The final disposition of any 
     claim brought under subparagraph (A) shall be preclusive of 
     any such claim asserted in a subsequent proceeding under this 
     subsection or under section 603 the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007.
       ``(E) Exhaustion and stay of proceedings.--No claim brought 
     under this paragraph shall require the plaintiff to exhaust 
     administrative remedies under section 603 of the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007.''.

     SEC. 604. MANDATORY DISCLOSURE OF INFORMATION.

       (a) In General.--Except as otherwise provided in this 
     section, no Federal department or agency, nor any officer, 
     employee, or contractor of such department or agency, may--
       (1) use the information furnished by an applicant under 
     section 601, 602, or 603 or the fact that the applicant 
     applied for such Z status for any purpose other than to make 
     a determination on the application, or any subsequent 
     application, to extend such status under section 601, or to 
     adjust status to that of an alien lawfully admitted for 
     permanent residence under section 602;
       (2) make or release any publication through which the 
     information furnished by any particular applicant can be 
     identified; or
       (3) permit any person, other than an officer, employee, or 
     contractor of such department or agency, or other entity 
     approved by the Secretary of Homeland Security, to examine 
     individual applications that have been filed under section 
     601, 602, or 603.
       (b) Exceptions to Confidentiality.--
       (1) In general.--Subsection (a) shall not apply with 
     respect to--
       (A) an alien whose application has been denied, terminated, 
     or revoked based on a finding by the Secretary of Homeland 
     Security that the alien--
       (i) is inadmissible under paragraph (2), (3), (6)(C)(i) 
     (with respect to information furnished by an applicant under 
     section 601 or 602 of this Act), or (6)(E) of section 212(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a));
       (ii) is deportable under paragraph (1)(E), (1)(G), (2), or 
     (4) of the section 237(a) of the Immigration and Nationality 
     Act (8 U.S.C. 1227(a)); or
       (iii) was physically removed and is subject to 
     reinstatement pursuant to section 241(a)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1231(a)(5));
       (B) an alien whose application for Z nonimmigrant status 
     has been denied, terminated, or revoked under section 
     601(d)(1)(F);
       (C) an alien whom the Secretary determines has ordered, 
     incited, assisted, or otherwise participated in the 
     persecution of any person on account of race, religion, 
     nationality, membership in a particular social group, or 
     political opinion;
       (D) an alien whom the Secretary determines has, in 
     connection with the application of that alien under section 
     601 or 602, engaged in fraud or willful misrepresentation, 
     concealment of a material fact, or knowingly offered a false 
     statement, representation or document; or
       (E) an order from a court of competent jurisdiction.

                                 ______
                                 
  SA 1411. 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:

       Strike section 202 and insert the following:

     SEC. 202. DETENTION AND REMOVAL OF ALIENS ORDERED REMOVED.

       (a) In General.--Section 241(a) (8 U.S.C. 1231(a)) is 
     amended--
       (1) by striking ``Attorney General'' each place it appears, 
     except for the first reference in paragraph (4)(B)(i), and 
     inserting ``Secretary of Homeland Security'';
       (2) in paragraph (1)--
       (A) by amending subparagraph (C) to read as follows:
       ``(C) Extension of period.--
       ``(i) In general.--The removal period shall be extended 
     beyond a period of 90 days and the alien may remain in 
     detention during

[[Page S7225]]

     such extended period if, during the removal period, the 
     alien--

       ``(I) fails or refuses to make timely application in good 
     faith for travel or other documents necessary to the alien's 
     departure; or
       ``(II) conspires or acts to prevent the alien's removal.

       ``(ii) Effect of seeking stay of removal.--An alien who 
     seeks a stay of removal before an immigration judge, the 
     Board of Immigration Appeals, or a Federal judge, shall not 
     for that reason be deemed to be conspiring or acting to 
     prevent the alien's removal.
       ``(iii) Applicability of administrative and judicial review 
     provisions.--A determination to extend the removal period 
     under this subparagraph beyond 180 days shall be made in 
     accordance with the requirements of paragraph (9) and shall 
     be subject to the administrative and judicial review 
     provisions of such paragraph.''; and
       (B) by adding at the end the following new subparagraph:
       ``(D) Aliens not in the custody of the secretary.--
       ``(i) Delay of removal period.--If, on the date determined 
     under subparagraph (B), the alien is not in the custody of 
     the Secretary of Homeland Security under the authority of 
     this Act, the removal period shall not begin until the alien 
     is taken into such custody.
       ``(ii) Tolling of removal period.--If the Secretary 
     lawfully transfers custody of the alien during the removal 
     period to another Federal agency or to a State or local 
     government agency in connection with the official duties of 
     such agency, the removal period shall be tolled until the 
     date on which the alien is returned to the custody of the 
     Secretary.'';
       (3) in paragraph (2)--
       (A) by striking ``During the'' and inserting the following:
       ``(A) In general.--During the''; and
       (B) by adding at the end the following new subparagraph:
       ``(B) Detention during stay of removal.--If a court, the 
     Board of Immigration Appeals, or an immigration judge orders 
     a stay of removal of an alien who is subject to an 
     administrative final order of removal, the Secretary, in the 
     exercise of the Secretary's discretion, may detain the alien 
     during the pendency of such stay of removal.'';
       (4) by amending paragraph (3)(D) to read as follows:
       ``(D) to obey reasonable restrictions on the alien's 
     conduct or activities, or to perform affirmative acts, that 
     the Secretary prescribes for the alien--
       ``(i) to prevent the alien from absconding; or
       ``(ii) for the protection of the community.'';
       (5) in paragraph (6), by striking ``beyond the removal 
     period'' and inserting ``for an additional 90 days'';
       (6) by redesignating paragraph (7) as paragraph (10); and
       (7) by inserting after paragraph (6) the following new 
     paragraphs:
       ``(7) Parole.--
       ``(A) In general.--If an alien detained pursuant to 
     paragraph (6) is an applicant for admission, the Secretary of 
     Homeland Security, in the Secretary's discretion, may parole 
     the alien under section 212(d)(5) and may provide, 
     notwithstanding section 212(d)(5), that the alien shall not 
     be returned to custody unless either the alien violates the 
     conditions of the alien's parole or the alien's removal 
     becomes reasonably foreseeable.
       ``(B) Admission status.--An alien described in subparagraph 
     (A) shall in no circumstance be considered admitted.
       ``(8) Authority to detain for 90 days beyond removal 
     period.--The Secretary, in the exercise of the Secretary's 
     discretion, may detain an alien for 90 days beyond the 
     removal period if the removal of the alien is reasonably 
     foreseeable.
       ``(9) Additional rules for detention or release of 
     aliens.--The following procedures shall apply to an alien 
     detained under this section:
       ``(A) Regulations.--
       ``(i) In general.--The Secretary of Homeland Security shall 
     prescribe regulations to establish an administrative process 
     by which the Secretary shall determine--

       ``(I) whether an alien's removal period should be extended 
     beyond 180 days pursuant to paragraph (1)(C); or
       ``(II) if the removal period is not extended, whether the 
     alien should be detained or released beyond the removal 
     period (or beyond the additional 90-day detention period if 
     such a period is authorized under paragraph (6) or (8)).

       ``(ii) Limitation on detention.--The Secretary may detain 
     an alien while a determination under clause (i) is pending 
     only if the Secretary has initiated the administrative 
     process established pursuant to clause (i) not later than 30 
     days after the expiration of the relevant period.
       ``(B) Evidence.--In making a determination under 
     subparagraph (A)(i), the Secretary--
       ``(i) shall consider any evidence submitted by the alien;
       ``(ii) may consider any other evidence, including--

       ``(I) any information or assistance provided by the 
     Department of State or other Federal agency; and
       ``(II) any other information available to the Secretary of 
     Homeland Security pertaining to the ability to remove the 
     alien that otherwise would be admissible before an 
     immigration judge.

       ``(C) Authority to detain for additional period.--The 
     Secretary may detain an alien beyond the periods described in 
     this subsection for additional periods of 180 days, renewable 
     under subparagraph (D), until the alien is removed, if the 
     Secretary--
       ``(i) determines that there is a significant likelihood 
     that the alien will be removed in the reasonably foreseeable 
     future;
       ``(ii) determines that the alien--

       ``(I) has failed to make timely application in good faith 
     for travel or other documents necessary to secure the alien's 
     departure; or
       ``(II) has otherwise conspired or acted to prevent his 
     removal and there would be a significant likelihood of that 
     the alien would be removed in the reasonably foreseeable 
     future in the absence of such failure or conspiracy; or

       ``(iii) certifies in writing--

       ``(I) after consultation with the Secretary of Health and 
     Human Services, that the alien has a highly contagious 
     disease that poses a threat to public safety, in which case 
     the alien may be detained only in a civil medical facility;
       ``(II) pursuant to section 236A, that there are reasonable 
     grounds to believe that the release of the alien would 
     threaten the national security of the United States;
       ``(III) that--

       ``(aa) the alien has been convicted of 1 or more aggravated 
     felonies (as defined in section 101(a)(43)(A)), 1 or more 
     attempts or conspiracies to commit any such aggravated 
     felonies, or 1 or more crimes of violence (as defined in 
     section 16 of title 18, United States Code, but not including 
     a purely political offense), for which the alien has served 
     an aggregate term of imprisonment of not less than 5 years; 
     and
       ``(bb) the Secretary has reason to believe that, because of 
     a mental condition or personality disorder and behavior 
     associated with such condition or disorder, the alien is 
     likely to engage in acts of violence in the future or the 
     alien's release would otherwise threaten the safety of the 
     community or any person, notwithstanding any conditions of 
     release, in which case the person shall be referred for civil 
     commitment proceedings in the State in which the alien 
     resides or, if the alien does not reside in a State, the 
     State in which the alien is being detained.
       ``(D) Renewal of detention.--The Secretary may renew a 
     determination or certification made under subparagraph (C) 
     every 180 days after providing the alien with an opportunity 
     to request reconsideration of the determination or 
     certification and to submit documents or other evidence in 
     support of such request. If the Secretary determines that 
     continued detention is not warranted, the Secretary shall 
     release the alien pursuant to subparagraph (G).
       ``(E) Nondelegation of detention determinations.--
     Notwithstanding any other provision of law, the Secretary may 
     not delegate the authority provided under subparagraphs (C) 
     and (D) to any employee below the level of Assistant 
     Secretary for U.S. Immigration and Customs Enforcement.
       ``(F) Review of detention determinations.--
       ``(i) Review by immigration judge.--A determination by the 
     Secretary of Homeland Security to detain an alien under 
     subparagraph (C) or (D) or to redetain an alien under 
     subparagraph (H) shall be subject to review by an immigration 
     judge in accordance with regulations to be prescribed by the 
     Attorney General. Such regulations shall require an 
     immigration judge to complete the review within 90 days. An 
     immigration judge shall uphold the determination of the 
     Secretary only if the Secretary establishes by clear and 
     convincing evidence that the detention of the alien is 
     authorized under subparagraph (C), (D), or (H).
       ``(ii) Time periods for administrative review.--For 
     purposes of this subparagraph, a failure by the Secretary to 
     reach a determination within 90 days of initiating the 
     administrative process described in subparagraph (A) shall be 
     treated as a determination to detain the alien.
       ``(iii) Review in federal court.--Notwithstanding any other 
     provision of law, judicial review of an alien's detention 
     under this section shall be available--

       ``(I) through only habeas corpus proceedings under section 
     2241 of title 28, United States Code; and
       ``(II) in the District Court of the United States in the 
     district where the alien is detained or where removal 
     proceedings against the alien were initiated.

       ``(G) Release on conditions.--If the Secretary determines 
     that an alien should be released from detention, the 
     Secretary may impose conditions on the release of the alien 
     in accordance with the regulations prescribed pursuant to 
     paragraph (3), including with respect to the use of 
     electronic monitoring devices, the use of Federal or State 
     mental or substance abuse treatment programs, and adherence 
     to parole and probation requirements for aliens to whom such 
     requirements apply under Federal or State law.
       ``(H) Redetention.--The Secretary may detain any alien 
     subject to a final removal order who has previously been 
     released from custody only if--
       ``(i) the alien fails to comply with the conditions of the 
     alien's release; or
       ``(ii) upon reconsideration, the Secretary determines that 
     the alien can be detained under subparagraph (C) or (D).
       ``(I) Applicability.--This paragraph and paragraphs (6) and 
     (7) shall apply to any

[[Page S7226]]

     alien returned to custody under subparagraph (H) as if the 
     removal period terminated on the day of the alien's 
     redetention.''.
       (b) Effective Date.--The amendments made by subsection 
     (a)--
       (1) shall take effect on the date of the enactment of this 
     Act; and
       (2) shall apply to--
       (A) any alien subject to a final administrative removal, 
     deportation, or exclusion order that was issued before, on, 
     or after the date of the enactment of this Act, unless--
       (i) that order was issued and the alien was subsequently 
     released or paroled before the date of the enactment of this 
     Act; and
       (ii) the alien has complied with and remains in compliance 
     with the terms and conditions of such release or parole; and
       (B) any act or condition occurring or existing before, on, 
     or after the date of the enactment of this Act.
                                 ______
                                 
  SA 1412. 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:

       On page 39, strike line 28 and all that follows through 
     page 47, line 13.
                                 ______
                                 
  SA 1413. 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 88, line 32, strike ``(2) Definition of employer.--
     '' and all that follows through line 34.
                                 ______
                                 
  SA 1414. Mrs. LINCOLN (for herself and Mr. Coleman) 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 1, insert the following:
       (e) Passport Applications.--
       (1) In general.--The programs referred to in subsection (a) 
     shall not become effective until the Secretary of State 
     submits a written certification to the President and Congress 
     stating that the Department of State is processing and 
     adjudicating passport applications for United States citizens 
     in 6 weeks or less.
       (2) Presidential progress report.--The report required 
     under subsection (c) shall describe the progress made in 
     satisfying the requirement under paragraph (1).
                                 ______
                                 
  SA 1415. Mrs. HUTCHISON (for herself, Mr. Grassley, Mr. Ensign, Mr. 
Allard, and Ms. Landrieu) 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:

       Strike section 607 and insert the following:

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

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by striking subsection (c) and 
     inserting the following new subsections:
       ``(c)(1) Except as provided in paragraph (2), for purposes 
     of subsections (a) and (b), no quarter of coverage shall be 
     credited for any calendar year beginning on or after January 
     1, 2004, with respect to an individual who is not a natural-
     born United States citizen, unless the Commissioner of Social 
     Security determines, on the basis of information provided to 
     the Commissioner in accordance with an agreement entered into 
     under subsection (d) or otherwise, that the individual was 
     authorized to be employed in the United States during such 
     quarter.
       ``(2) Paragraph (1) shall not apply to an individual who 
     was assigned a social security account number prior to 
     January 1, 2004.
       ``(d) Not later than 180 days after the date of the 
     enactment of this subsection, the Secretary of Homeland 
     Security shall enter into an agreement with the Commissioner 
     of Social Security to provide such information as the 
     Commissioner determines necessary to carry out the limitation 
     on crediting quarters of coverage under subsection (c).''.
       (b) Benefit Computation.--Section 215(e) of the Social 
     Security 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(c).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to benefit applications filed on or after the 
     date that is 180 days after the date of the enactment of this 
     Act based on the wages or self-employment income of an 
     individual with respect to whom a primary insurance amount 
     has not been determined under title II of the Social Security 
     Act (42 U.S.C. 401 et seq.) before such date.
                                 ______
                                 
  SA 1416. 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:

       Beginning on page 295, strike line 18 and all that follows 
     through page 296, line 7, and insert the following:
       (ii) English language and civics.--

       (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 must demonstrate an 
     attempt to gain an understanding of the English language and 
     knowledge of United States civics by taking the 
     naturalization test described in paragraphs (1) and (2) of 
     section 312(a) of the Immigration and Nationality Act (8 
     U.S.C. 1423(a)) and by demonstrating enrollment in or 
     placement on a waiting list for English classes.
       (II) Requirement at second renewal.--At or before the time 
     of application for the second extension of Z nonimmigrant 
     status, an alien who is 18 years of age or older must pass 
     the naturalization test described in such paragraphs (1) and 
     (2) of such section 312(a).
       (III) Requirement at third renewal.--At or before the time 
     of application for the third extension of Z nonimmigrant 
     status, an alien who is 18 years of age or older must take 
     the Test of English as a Foreign Language (TOEFL) 
     administered by the Educational Testing Service.
       (IV) Requirement at fourth renewal.--At or before the time 
     of application for the fourth extension of Z nonimmigrant 
     status, an alien who is 18 years of age or older must retake 
     the TOEFL and receive the lower of--

       (aa) a score of not less than 70; or
       (bb) a score of not less than 20 points higher than the 
     score the alien received when the alien took the TOEFL 
     pursuant to subclause (III).

       (V) Exception.--The requirements of subclauses (I), (II), 
     (III), and (IV) 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--

                                 ______
                                 
  SA 1417. 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 288, between lines 32 and 33, insert the following:
       (9) Good moral character.--The alien shall establish that 
     the alien has been a person of good moral character, as 
     described in section 101(f) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(f)), for the entire period of 
     the alien's unlawful presence in the United States.
                                 ______
                                 
  SA 1418. 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 3, line 25 insert the following new subsection:
       (6) The U.S. Visit System: The integrated entry and exit 
     data system required by 8 U.S.C. 1365a (Section 110 of the 
     Illegal Immigration Reform and Immigration Responsibility Act 
     of 1996), which is already 17 months past its required 
     implementation date of December 21, 2005, has been fully 
     implemented and is functioning at every land, sea, and air 
     port of entry.
                                 ______
                                 
  SA 1419. 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:

       Strike page 10, line 32 through page 11, line 11 and insert 
     the following:
       ``Section 236(a)(2) (8 U.S.C. 1226(a)(2)) is amended--
       (1) by adding ``, and'' at the end of subsection (a)(3), 
     and
       (2) by adding a new subsection (a)(4) that reads ``may not 
     provide the alien with release on bond or with conditional 
     parole if the alien is a national of a noncontiguous country, 
     has not been admitted or paroled into the United States, and 
     was apprehended within 100 miles of the international border 
     of the United States or presents a flight risk, as determined 
     by the secretary of Homeland Security.''
                                 ______
                                 
  SA 1420. 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 52, between line 18 and 19, insert the following:
       ``(D) knowingly violates for a period of 90 days or more 
     the terms or conditions of the alien's admission or parole 
     into the United States.''

[[Page S7227]]

                                 ______
                                 
  SA 1421. 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 52, between line 18 and 19, insert the following:
       (D) knowingly violates for a period of 90 days or more the 
     terms or conditions of the alien's admission or parole into 
     the United States.
                                 ______
                                 
  SA 1422. 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, insert the following:
       Notwithstanding any other provision of this Act a Y-1 
     Nonimmigrant:
       (1) may be extended for an indefinite number of subsequent 
     two-year periods, as long as each two-year period is 
     separated by physical presence outside the United States for 
     the immediate prior 12 months,
       (2) may not be accompanied by their spouse and dependents 
     for any of their 2 year periods of work in the United States, 
     and
       (3) may not sponsor a family member to visit them in the 
     United States under the ``parent visa'' created by Section 
     506 of this Act.
                                 ______
                                 
  SA 1423. 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:

       In the appropriate place in Sec. 506(a), strike the 
     following sentence:
       ``The requirement that the alien have a residence in a 
     foreign country which the alien has no intention of 
     abandoning shall not apply to an alien described in section 
     214(s) who is seeking to enter as a temporary visitor for 
     pleasure;''
                                 ______
                                 
  SA 1424. 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 501, insert the following subsection:
       (d) Notwithstanding any other provision of this Act for 
     each fiscal year starting with the enactment of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007, 10,000 of the immigrant visas set aside under 503(c) of 
     this Act for parents will be made available to aliens seeking 
     immigrant visas under section 203(b) of the Immigration and 
     Nationality Act based on achieving a score in the top 10 
     percentile on the Scholastic Aptitude Test (SAT) or the 
     American College Testing (ACT) placement exam for that year. 
     The test, the SAT or the ACT, must be taken in English for 
     the immigrant to qualify. If more than 10,000 foreign 
     applicants with the requisite SAT or ACT score apply, then 
     the top 10,000 of the pool of applicants for that year will 
     receive immigrant visas.
                                 ______
                                 
  SA 1425. 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:

       In the appropriate place in Sections 501 and 502, strike 
     the ``supplemental schedule for Zs'' in its entirety and at 
     the end of Section 502(b), insert a new subsection (G) that 
     reads:
       (G) Notwithstanding any other provision of this Act, aliens 
     described in section 101(a)(15)(Z) of this Act must compete 
     with all other applicants through the merit based evaluation 
     system established under this subsection for merit based 
     immigrant visas available under section 501 of this Act.
                                 ______
                                 
  SA 1426. 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:

       In the appropriate place in Sections 501 and 502, strike 
     the ``supplemental schedule for Zs'' in its entirety and at 
     the end of Section 502(b), insert new subsections (G) and (H) 
     that read:
       ``(G) Notwithstanding any other provision of this Act, 
     aliens described in section 101(a)(15)(Z) of this Act must 
     achieve the same point threshold required for all other 
     applicants to the merit based evaluation system established 
     under this subsection.
       ``(H) Aliens described in section 101 (a)(15)(Z) shall be 
     exempt from the annual cap on merit based green card as set 
     by Section 501 of this Act.
                                 ______
                                 
  SA 1427. 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:

       In the appropriate place on page 295, line 18 through page 
     296, line 2, insert the following changes:
       Page 295, line 29, insert ``and'' between ``(2)'' and ``by 
     demonstrating'';
       Strike Page 295, line 38--page 296, line 2;
       Adding a new (III) that reads: ``Requirement at Third 
     Renewal.--At or before the time of application for the third 
     extension of Z nonimmigrant status, an alien who is 18 years 
     of age or older must take the TOEFL test which is 
     administered by the Educational Testing Service.'';
       Adding a new (IV) that reads: ``Requirement at Fourth 
     Renewal.--At or before the time of application for the fourth 
     extension of Z nonimmigrant status, an alien who is 18 years 
     of age or older must take the TOEFL test as administered by 
     the Educational Testing Service and receive a score 20 points 
     higher than the first time they took the TOEFL test for the 
     third renewal, or a score of 70, whichever is lower.'';
       Changing (III) to (V) on page 296 line 3;
       On p. 296 line 4, strike ``(I) and (II)'' and insert ``(I), 
     (II)'' (III), and (IV)''.
                                 ______
                                 
  SA 1428. 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:

       In the appropriate place in section 601(e), insert the 
     following at the end of section 601(e)(8):
       ``(9) Good Moral Character.--To be eligible for any Z 
     nonimmigrant status, the alien must establish that the alien 
     has been a person of good moral character, as defined in 8 
     U.S.C. Sec. 1101(f), I.N.A. Sec. 101(f), for his or her 
     entire period of illegal presence in the United States.
                                 ______
                                 
  SA 1429. 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:

       In the appropriate place in section (f)(2), strike the last 
     sentence of subsection (2).
                                 ______
                                 
  SA 1430. 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:

       In the appropriate place in section (f)(2), strike the last 
     sentence of subsection (2).
                                 ______
                                 
  SA 1431. 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:

       Strike Section 607, and replace with the following:

     SEC 607. PRECLUSION OF SOCIAL SECURITY CREDITS FOR YEARS 
                   PRIOR TO ENUMERATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by:
       (1) amending subsection (c) by deleting ``For'' and 
     inserting ``Except as provided in subsection (e), for''; and
       (2) adding at the end the following new subsections:
       ``(d)(1) Except as provided in paragraph (2) and subsection 
     (e), for purposes of this section and for purposes of 
     determining a qualifying quarter of coverage under 8 U.S.C. 
     1612(b)(2)(B), no quarter of coverage shall be credited if, 
     with respect to any individual who is assigned a social 
     security account number:
       (a) such quarter of coverage is earned prior to the year in 
     which such social security account number is assigned; or
       (b) if such quarter of coverage was earned after the 
     individuals visa or work authorization had expired.''.
       ``(2) 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 of 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) Effective date--The amendment made by subsection (a) 
     that provides for a new section 214(e) of the Social Security 
     Act shall be effective with respect to applications for 
     benefits filed after the sixth month following the month this 
     Act is enacted.
                                 ______
                                 
  SA 1432. Mr. SESSIONS submitted an amendment intended to be proposed 
by

[[Page S7228]]

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 10, strike line 30 and all that follows through 
     page 11, line 11, and insert the following:

     SEC. 113. DETENTION OF ALIENS FROM NONCONTIGUOUS COUNTRIES.

       Section 236(a) (8 U.S.C. 1226(a)) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2)(B), by striking ``but'' at the end;
       (3) in paragraph (3), by striking the period at the end and 
     inserting ``; and''; and
       (4) by adding at the end the following:
       ``(4) may not provide the alien with release on bond or 
     with conditional parole if the alien--
       ``(A) is a national of a noncontiguous country;
       ``(B) has not been admitted or paroled into the United 
     States; and
       ``(C) was apprehended within 100 miles of the international 
     border of the United States or presents a flight risk, as 
     determined by the Secretary of Homeland Security.''.
                                 ______
                                 
  SA 1433. 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 265, between lines 30 and 31, insert the following:
       (d) Visas for High Achieving Foreign Students.--
       (1) In general.--Notwithstanding any other provision of 
     this Act, any amendment made by this Act, or any other 
     provision of law, for each fiscal year beginning after the 
     date of the enactment of this Act, 10,000 of the immigrant 
     visas allocated by section 203(a)(1) of the Immigration and 
     Nationality Act for parents of a citizen of the United States 
     shall be made available to aliens seeking immigrant visas 
     under section 203(b) of the Immigration and Nationality Act 
     who--
       (A) achieve a score in the top 10th percentile on the 
     Scholastic Aptitude Test or the American College Testing 
     placement exam administered in that fiscal year; and
       (B) take the exams described in subparagraph (A) in the 
     English language.
       (2) Limitation.--If more than 10,000 aliens described in 
     paragraph (1) apply for immigrant visas in a fiscal year, the 
     10,000 such aliens with the highest scores on the exams 
     described in paragraph (1)(A) shall receive immigrant visas.
                                 ______
                                 
  SA 1434. 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 276, beginning on line 38, strike ``. The 
     requirement that the alien have a residence in a foreign 
     country which the alien has no intention of abandoning shall 
     not apply to an alien described in section 214(s) who is 
     seeking to enter as a temporary visitor for pleasure''.
                                 ______
                                 
  SA 1435. 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 316, line 16, insert ``or, if such quarter of 
     coverage is earned after the individual's visa or work 
     authorization has expired'' before the period at the end.
                                 ______
                                 
  SA 1436. 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 260, strike line 3 and all that follows through 
     page 268, line 35, and insert the following:

     SEC. 501. REBALANCING OF IMMIGRANT VISA ALLOCATION.

       (a) Family-Sponsored Immigrants.--Section 201(c) (8 U.S.C. 
     1151(c)) is amended to read as follows:
       ``(c) Worldwide Level of Family-Sponsored Immigrants.--
       ``(1) For each fiscal year until visas needed for petitions 
     described in section 503(f)(2) of the Secure Borders, 
     Economic Opportunity, and Immigration Reform Act of 2007 
     become available, the worldwide level of family-sponsored 
     immigrants under this subsection is 567,000 for petitions for 
     classifications under section 203(a), plus any immigrant 
     visas not required for the class specified in subsection (d).
       ``(2) Except as provided in paragraph (1), the worldwide 
     level of family-sponsored immigrants under this subsection 
     for a fiscal year is 127,000, plus any immigrant visas not 
     required for the class specified in subsection (d).''.
       (b) Merit-Based Immigrants.--Section 201(d) (8 U.S.C. 
     1151(d)) is amended to read as follows:
       ``(d) Worldwide Level of Merit-Based, Special, and 
     Employment Creation Immigrants.--The worldwide level of 
     merit-based, special, and employment creation immigrants 
     under this subsection--
       ``(1) for the first 5 fiscal years shall be equal to the 
     number of immigrant visas made available to aliens seeking 
     immigrant visas under section 203(b) for fiscal year 2005, 
     plus any immigrant visas not required for the class specified 
     in subsection (c), of which--
       ``(A) at least 10,000 will be for exceptional aliens in 
     nonimmigrant status under section 101(a)(15)(Y); and
       ``(B) 90,000 will be for aliens who were the beneficiaries 
     of an application that was pending or approved on the 
     effective date of this section, as described in section 
     502(d) of the Secure Borders, Economic Opportunity, and 
     Immigration Reform Act of 2007;
       ``(2) starting in the sixth fiscal year, shall be equal to 
     140,000 for each fiscal year until aliens described in 
     section 101(a)(15)(Z) first become eligible for an immigrant 
     visa, plus any immigrant visas not required for the class 
     specified in subsection (c), of which--
       ``(A) at least 10,000 will be for exceptional aliens in 
     nonimmigrant status under section 101(a)(15)(Y); and
       ``(B) not more than 90,000 will be for aliens who were the 
     beneficiaries of an application that was pending or approved 
     on the effective date of this section, as described in 
     section 502(d) of the `Secure Borders, Economic Opportunity, 
     and Immigration Reform Act of 2007'; and
       ``(3) 380,000, for each fiscal year starting in the first 
     fiscal year in which aliens described in section 
     101(a)(15)(Z) become eligible for an immigrant visa, of which 
     at least 10,000 will be for exceptional aliens of 
     nonimmigrant status under section 101(a)(15)(Y), plus any 
     immigrant visas not required for the class specified in 
     subsection (c).''.
       (c) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the fiscal year 
     subsequent to the fiscal year of enactment.

     SEC. 502. INCREASING AMERICAN COMPETITIVENESS THROUGH A 
                   MERIT-BASED EVALUATION SYSTEM FOR IMMIGRANTS.

       (a) Sense of Congress.--It is the sense of Congress that 
     the United States benefits from a workforce that has diverse 
     skills, experience, and training.
       (b) Creation of Merit-Based Evaluation System for 
     Immigrants and Reallocation of Visas.--Section 203(b) (8 
     U.S.C. 1153(b)) is amended--
       (1) by striking paragraphs (1) through (3) and inserting 
     the following:
       ``(1) Merit-based immigrants.--Visas shall first be made 
     available in a number not to exceed 95 percent of such 
     worldwide level, plus any visas not required for the classes 
     in paragraphs (2) and (3), to qualified immigrants selected 
     through a merit-based evaluation system.
       ``(A) The merit-based evaluation system shall initially 
     consist of the following criteria and weights:


------------------------------------------------------------------------
                                                                 Maximum
        ``Category                     Description               points
------------------------------------------------------------------------
``Employment               ...................................        47
Occupation                 U.S. employment in specialty
                            occupation
                           (as defined by the Department of
                            Labor)-20 pts
                           U.S. employment in high demand
                            occupation (the 30 occupations
                            that have grown the most in the
                            preceding 10-year period, as
                            determined by the Bureau of Labor
                            Statistics)-16 pts
National interest/         U.S. employment in STEM or health
 critical infrastructure    occupation, current for at least 1
                            year-8 pts (extraordinary or
                            ordinary)
Employer endorsement       A U.S. employer willing to pay 50%
                            of a legal permanent resident's
                            application fee either 1) offers a
                            job, or 2) attests for a current
                            employee-6 pts
Experience                 Years of work for U.S. firm-2 pts/
                            year
                            (max 10 points)
Age of worker              Worker's age: 25-39-3 points
------------------------------------------------------------------------
``Education                M.D., M.B.A., Graduate degree, etc.-       28
(terminal degree)           20 pts
                           Bachelor's Degree-16 pts
                           Associate's Degree-10 pts
                           High school diploma or GED-6 pts
                           Completed certified Perkins
                            Vocational Education program-5 pts
                           Completed Department of Labor
                            Registered Apprenticeship-8 pts
                           STEM, associates and above-8 pts
------------------------------------------------------------------------
``English and civics       Native speaker of English or               15
                           TOEFL score of 75 or higher-15 pts
                           TOEFL score of 60-74-10 pts
                           Pass USCIS Citizenship Tests in
                            English & Civics-6 pts
------------------------------------------------------------------------

[[Page S7229]]

 
``Extended family          Adult (21 or older) son or daughter        10
 (Applied if threshold of   of United States citizen-8 points
 55 in above categories)
                           Adult (21 or older) son or daughter
                            of a legal permanent resident-6
                            pts
                           Sibling of United States citizen or
                            LPR-4 pts
                           If had applied for a family visa in
                            any of the above categories after
                            May 1, 2005-2 pts
------------------------------------------------------------------------
``Total                    ...................................       100
------------------------------------------------------------------------

       ``(B) The Secretary of Homeland Security, after 
     consultation with the Secretary of Commerce and the Secretary 
     of Labor, shall establish procedures to adjudicate petitions 
     filed pursuant to the merit-based evaluation system. The 
     Secretary may establish a time period in a fiscal year in 
     which such petitions must be submitted.
       ``(C) The Standing Commission on Immigration and Labor 
     Markets established pursuant to section 407 of the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007 shall submit recommendations to Congress concerning the 
     establishment of procedures for modifying the selection 
     criteria and relative weights accorded such criteria in order 
     to ensure that the merit-based evaluation system corresponds 
     to the current needs of the United States economy and the 
     national interest.
       ``(D) No modifications to the selection criteria and 
     relative weights accorded such criteria that are established 
     by the Secure Borders, Economic Opportunity, and Immigration 
     Reform Act of 2007 should take effect earlier than the sixth 
     fiscal year in which aliens described in section 
     101(a)(15)(Z) are eligible for an immigrant visa.
       ``(E) The application of the selection criteria to any 
     particular visa petition or application pursuant to the 
     merit-based evaluation system shall be within the Secretary's 
     sole and unreviewable discretion.
       ``(F) Any petition filed pursuant to this paragraph that 
     has not been found by the Secretary to have qualified in the 
     merit-based evaluation system shall be deemed denied on the 
     first day of the third fiscal year following the date on 
     which such petition was filed. Such denial shall not preclude 
     the petitioner from filing a successive petition pursuant to 
     this paragraph. Notwithstanding this paragraph, the Secretary 
     may deny a petition when denial is appropriate under other 
     provisions of law, including but not limited to section 
     204(c).
       ``(G) Notwithstanding any other provision of this Act or 
     the Secure Borders, Economic Opportunity, and Immigration 
     Reform Act of 2007, aliens described in section 101(a)(15)(Z) 
     shall compete with all other applicants through the merit 
     based evaluation system established under this subsection for 
     merit based immigrant visas available under section 
     201(d).'';
       (2) by redesignating paragraphs (4) through (6) as 
     paragraphs (2) through (4), respectively;
       (3) in paragraph (2), as redesignated--
       (A) by striking ``7.1 percent'' and inserting ``4,200''; 
     and
       (B) striking ``5,000'' and inserting ``2,500''; and
       (4) in paragraph (3), as redesignated--
       (A) by striking ``7.1 percent'' and inserting ``2,800''; 
     and
       (B) striking ``3,000'' and inserting ``1,500''.
       (c) Procedure for Granting Immigrant Status.--Section 
     204(a)(1) (8 U.S.C. 1154(a)(1)) is amended by striking 
     subparagraphs (E) and (F).
       (d) Effective Date.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by this section shall take effect on the first day of 
     the fiscal year subsequent to the fiscal year of enactment, 
     unless such date is less than 270 days after the date of 
     enactment, in which case the amendments shall take effect on 
     the first day of the following fiscal year.
       (2) Pending and approved petitions and applications.--
     Petitions for an employment-based visa filed for 
     classification under paragraph (1), (2), or (3) of section 
     203(b) of the Immigration and Nationality Act (8 U.S.C. 
     1153(b) (as such provisions existed prior to the enactment of 
     this section) that were filed prior to the date of the 
     introduction of the Secure Borders, Economic Opportunity, and 
     Immigration Reform Act of 2007 and were pending or approved 
     at the time of the effective date of this section, shall be 
     treated as if such provisions remained effective and an 
     approved petition may serve as the basis for issuance of an 
     immigrant visa. Aliens with applications for a labor 
     certification pursuant to section 212(a)(5)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) 
     shall preserve the immigrant visa priority date accorded by 
     the date of filing of such labor certification application.
       (e) Conforming Amendments.--
       (1) Section 201 (8 U.S.C. 1151) is amended by striking 
     ``employment-based'' each place it appears and inserting 
     ``merit-based''.
       (2) Section 202 (8 U.S.C. 1152) is amended by striking 
     ``employment-based'' each place it appears and inserting 
     ``merit-based''.
       (3) Section 203(b) (8 U.S.C. 1153(b)) is amended--
       (A) by amending the matter preceding paragraph (1) to read 
     as follows:
       ``(b) Preference Allocation for Merit-Based, Special, and 
     Employment Creation Immigrants.--Aliens subject to the 
     worldwide level specified in section 201(d) for merit-based, 
     special, and employment creation immigrants in a fiscal year 
     shall be allotted visas as follows:'';
       (B) in paragraph (6)(B)(i)--
       (i) by striking ``employment-based'' and inserting ``merit-
     based''; and
       (ii) by striking ``paragraphs (1), (2), and (3)'' and 
     inserting ``paragraph (1)''; and
       (C) in paragraph (6)(B)(iii)--
       (i) by striking ``employment-based'' and inserting ``merit-
     based''; and
       (ii) by striking ``each of paragraphs (1) through (3)'' and 
     inserting ``paragraph (1)''.
       (4) Section 212(a)(4) (8 U.S.C. 1182(a)(4)) is amended by 
     striking subparagraph (D).
       (5) Section 213A(f) (8 U.S.C. 1183a(f)) is amended--
       (A) by striking paragraph (4);
       (B) by striking paragraph (5) and inserting the following:
       ``(4) Non-petitioning cases.--Such term also includes an 
     individual who does not meet the requirement of paragraph 
     (1)(D) but who is a spouse, parent, mother-in-law, father-in-
     law, sibling, child (if at least 18 years of age), son, 
     daughter, son-in-law, daughter-in-law, sister-in-law, 
     brother-in-law, grandparent, or grandchild of a sponsored 
     alien or a legal guardian of a sponsored alien, meets the 
     requirements of paragraph (1) (other than subparagraph (D)), 
     and executes an affidavit of support with respect to such 
     alien in a case in which--
       ``(A) the individual petitioning under section 204 for the 
     classification of such alien died after the approval of such 
     petition; and
       ``(B) the Secretary of Homeland Security has determined for 
     humanitarian reasons that revocation of such petition under 
     section 205 would be inappropriate.'';
       (C) by redesignating paragraph (6) as paragraph (5); and
       (D) by striking ``(6)'' and inserting ``(5)''.
       (6) Section 212(a) (8 U.S.C. 1182(a)) is amended by 
     striking paragraph (5).
       (7) Section 218(g)(3) (8 U.S.C. 1188) is amended by 
     striking paragraph (3) and redesignating paragraph (4) as 
     paragraph (3).
       (8)(A) Section 207(c)(3) (8 U.S.C. 1157(c)(3)) is amended 
     by striking ``, (5),'' in the first sentence.
       (B) Section 209(c) (8 U.S.C. 1159(c)) is amended by 
     striking ``, (5),'' in the second sentence.
       (C) Section 210(c)(2)(A) (8 U.S.C. 1160(c)(2)(A)) is 
     amended by striking ``paragraphs (5) and'' and inserting 
     ``paragraph''.
       (D) Section 237(a)(1)(H)(i)(II) (8 U.S.C. 
     1227(a)(1)(H)(i)(II)) is amended by striking ``paragraphs (5) 
     and'' and inserting ``paragraph''.
       (E) Section 245(h)(2)(A) (8 U.S.C. 1255(h)(2)(A)) is 
     amended by striking ``, (5)(A),''.
       (F) Section 245A(d)(2)(A) (8 U.S.C. 1255a(d)(2)(A)) is 
     amended by striking ``paragraphs (5) and'' and inserting 
     ``paragraph''.
       (G) Section 286(s)(6) (8 U.S.C. 1356(s)(6)) is amended by 
     striking ``and section 212(a)(5)(A)''.
       (f) References to Secretary of Homeland Security.--
       (1) Section 203 (8 U.S.C. 1153) is amended by striking 
     ``Attorney General'' each place it appears and inserting 
     ``Secretary of Homeland Security''.
       (2) Section 204 (8 U.S.C. 1154) is amended by striking 
     ``Attorney General'' each place it appears, except for 
     section 204(f)(4)(B), and inserting ``Secretary of Homeland 
     Security''.
                                 ______
                                 
  SA 1437. 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(a), insert the following:
       (7) US-VISIT system.--The integrated entry and exit data 
     system required to be fully implemented by December 31, 2005, 
     under section 110 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1365a), has 
     been fully implemented and is functioning at every land, sea, 
     and air port of entry into the United States.
                                 ______
                                 
  SA 1438. 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:

       Strike Section 606 and replace with,

     SEC. 606. ENUMERATION OF SOCIAL SECURITY NUMBER.

       The Secretary of Homeland Security, in coordination with 
     the Commissioner of the Social Security Administration, shall 
     implement a system to allow for the prompt enumeration of a 
     Social Security number after the Secretary of Homeland 
     Security has granted an alien Z nonimmigrant status.
                                 ______
                                 
  SA 1439. 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:


[[Page S7230]]


       Beginning on page 262, strike line 34 and all that follows 
     through page 265, line 15, and insert the following:
       ``(A) The merit-based evaluation system shall initially 
     consist of the following criteria and weights:


------------------------------------------------------------------------
                                                                 Maximum
        ``Category                     Description               points
------------------------------------------------------------------------
``Employment               ...................................        47
Occupation                 U.S. employment in specialty
                            occupation
                           (as defined by the Department of
                            Labor)--20 pts
                           U.S. employment in high demand
                            occupation (the 30 occupations
                            that have grown the most in the
                            preceding 10-year period, as
                            determined by the Bureau of Labor
                            Statistics)--16 pts
National interest/         U.S. employment in STEM or health
 critical infrastructure    occupation, current for at least 1
                            year--8 pts (extraordinary or
                            ordinary)
Employer endorsement       A U.S. employer willing to pay 50%
                            of a legal permanent resident's
                            application fee either 1) offers a
                            job, or (2) attests for a current
                            employee--6 pts
Experience                 Years of work for U.S. firm--2 pts/
                            year
                            (max 10 points)
Age of worker              Worker's age: 25-39--3 pts
------------------------------------------------------------------------
``Education                M.D., M.B.A., Graduate degree,             28
(terminal degree)           etc.--20 pts
                           Bachelor's Degree--16 pts
                           Associate's Degree--10 pts
                           High school diploma or GED--6 pts
                           Completed certified Perkins
                            Vocational Education program--5
                            pts
                           Completed Department of Labor
                            Registered Apprenticeship--8 pts
                           STEM, associates and above--8 pts
------------------------------------------------------------------------
``English and civics       Native speaker of English or               15
                           TOEFL score of 75 or higher--15 pts
                           TOEFL score of 60-74--10 pts
                           Pass USCIS Citizenship Tests in
                            English & Civics--6 pts
------------------------------------------------------------------------
``Extended family          Adult (21 or older) son or daughter        10
 (Applied if threshold of   of United States citizen--8 pts
 55 in above categories)
                           Adult (21 or older) son or daughter
                            of a legal permanent resident--6
                            pts
                           Sibling of United States citizen or
                            LPR--4 pts
                           If had applied for a family visa in
                            any of the above categories after
                            May 1, 2005--2 pts
------------------------------------------------------------------------
``Total                    ...................................       100
------------------------------------------------------------------------

       ``(B) The Secretary of Homeland Security, after 
     consultation with the Secretary of Commerce and the Secretary 
     of Labor, shall establish procedures to adjudicate petitions 
     filed pursuant to the merit-based evaluation system. The 
     Secretary may establish a time period in a fiscal year in 
     which such petitions must be submitted.
       ``(C) The Standing Commission on Immigration and Labor 
     Markets established pursuant to section 407 of the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007 shall submit recommendations to Congress concerning the 
     establishment of procedures for modifying the selection 
     criteria and relative weights accorded such criteria in order 
     to ensure that the merit-based evaluation system corresponds 
     to the current needs of the United States economy and the 
     national interest.
       ``(D) No modifications to the selection criteria and 
     relative weights accorded such criteria that are established 
     by the Secure Borders, Economic Opportunity, and Immigration 
     Reform Act of 2007 should take effect earlier than the sixth 
     fiscal year in which aliens described in section 
     101(a)(15)(Z) are eligible for an immigrant visa.
       ``(E) The application of the selection criteria to any 
     particular visa petition or application pursuant to the 
     merit-based evaluation system shall be within the Secretary's 
     sole and unreviewable discretion.
       ``(F) Any petition filed pursuant to this paragraph that 
     has not been found by the Secretary to have qualified in the 
     merit-based evaluation system shall be deemed denied on the 
     first day of the third fiscal year following the date on 
     which such petition was filed. Such denial shall not preclude 
     the petitioner from filing a successive petition pursuant to 
     this paragraph. Notwithstanding this paragraph, the Secretary 
     may deny a petition when denial is appropriate under other 
     provisions of law, including but not limited to section 
     204(c).
       ``(G) Notwithstanding any other provision of this Act, an 
     alien seeking Z nonimmigrant status pursuant to section 
     101(a)(15)(Z) shall--
       ``(i) be subject to the requirements of the merit-based 
     evaluation system in the same manner and to the same extent 
     as aliens seeking visas under this section; and
       ``(ii) shall be exempt from the worldwide level of merit-
     based, special, and employment creation immigrants provided 
     under section 201(d).''.
                                 ______
                                 
  SA 1440. Mrs. HUTCHISON (for herself, Mr. Corker, and Mr. Alexander) 
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 Title VI and insert the following:

  TITLE VI--NONIMMIGRANTS IN THE UNITED STATES PREVIOUSLY IN UNLAWFUL 
                                 STATUS

     SEC. 601.

       (a) In General.--Notwithstanding any other provision of law 
     (including section 244(h) of the Immigration and Nationality 
     Act (hereinafter ``the Act'') (8 U.S.C. 1254a(h)), the 
     Secretary may permit an alien, or dependent of such alien, 
     described in this section, to remain lawfully in the United 
     States under the conditions set forth in this Title.
       (b) Definition of Z Nonimmigrants.--Section 101(a)(15) of 
     the Act (8 U.S.C. 1101(a)(15)) is amended by inserting at the 
     end the following new subparagraph:
       ``(Z) subject to Title VI of the [Insert title of Act], an 
     alien who--
       ``(i) is physically present in the United States, has 
     maintained continuous physical presence in the United States 
     since January 1, 2007, is employed, and seeks to continue 
     performing labor, services or education; or
       ``(ii) is physically present in the United States, has 
     maintained continuous physical presence in the United States 
     since January 1, 2007, and
       ``(I) is the spouse or parent (65 years of age or older) of 
     an alien described in (i); or
       ``(II) was, within two years of the date on which [NAME OF 
     THIS ACT] was introduced, 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.
       ``(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 
     January 1, 2007, and was born to or legally adopted by at 
     least one parent who is at the time of application described 
     in (i) or (ii).''
       (c) Presence in the United States.--
       (1) In general.--The alien shall establish that the alien 
     was not present in lawful status in the United States on 
     January 1, 2007, under any classification described in 
     section 101 (a)(15) of the Act (8 U.S.C. 1101(a)(15)) or any 
     other immigration status made available under a treaty or 
     other multinational agreement that has been ratified by the 
     Senate.
       (2) Continuous presence.--For purposes of this section, an 
     absence from the United States without authorization for a 
     continuous period of 90 days or more than 180 days in the 
     aggregate shall constitute a break in continuous physical 
     presence.
       (d) Other Criteria.--
       (1) Grounds of ineligibility.--An alien is ineligible for Z 
     nonimmigrant status if the Secretary determines that the 
     alien--
       (A)(i) is inadmissible to the United States under section 
     212(a) of the Act (8 U.S.C. 1182(a)), provided that to be 
     deemed inadmissible, nothing in this paragraph shall require 
     the Secretary to have commenced removal proceedings against 
     an alien;
       (B) is subject to the execution of an outstanding 
     administratively final order of removal, deportation, or 
     exclusion;
       (C) is described in or is subject to section 241(a)(5) of 
     the Act;
       (D) has ordered, incited, assisted, or otherwise 
     participated in the persecution of any person on account of 
     race, religion, nationality, membership in a particular 
     social group, or political opinion;
       (E) is an alien--
       (i) for whom there are reasonable grounds for believing 
     that the alien has committed a serious criminal offense as 
     described in section 101(h) of the Act outside the United 
     States before arriving in the United States; or
       (ii) for whom there are reasonable grounds for regarding 
     the alien as a danger to the security of the United States; 
     or
       (F) has been convicted of--
       (i) a felony;
       (ii) an aggravated felony as defined at section 101(a)(43) 
     of the Act;
       (iii) 3 or more misdemeanors under Federal or State law; or
       (iv) a serious criminal offense as described in section 
     101(h) of the Act;
       (G) has entered or attempted to enter the United States 
     illegally on or after January 1, 2007; and
       (H) with respect to an applicant for Z-2 or Z-3 
     nonimmigrant status, a Z-2 nonimmigrant, or a Z-3 
     nonimmigrant who is under 18 years of age, the alien is 
     ineligible for Z nonimmigrant status if the principal 2-1 
     nonimmigrant or 2-1 nonimmigrant status applicant is 
     ineligible.

[[Page S7231]]

       (I) The Secretary may in his discretion waive ineligibility 
     under subparagraph (B) or (C) if the alien has not been 
     physically removed from the United States and if the alien 
     demonstrates that his departure from the United States would 
     result in extreme hardship to the alien or the alien's 
     spouse, parent or child.
       (2) Grounds of inadmissibility.--
       (A) In general.--In determining an alien's admissibility 
     under paragraph (1)(A)--
       (i) paragraphs (6)(A)(i) (with respect to an alien present 
     in the United States without being admitted or paroled before 
     the date of application, but not with respect to an alien who 
     has arrived in the United States on or after January 1, 
     2007), (6)(B), (6)(C)(i), (6)(C)(ii), (6)(D), (6)(F), (6)(G), 
     (7), (9)(B), (9)(C)(i)(I), and (10)(B) of section 212(a) of 
     the Act shall not apply, but only with respect to conduct 
     occurring or arising before the date of application;
       (ii) the Secretary may not waive--
       (I) subparagraph (A), (B), (C), (D)(ii), (E), (F), (G), 
     (H), or (I) of section 212(a)(2) of the Act (relating to 
     criminals);
       (II) section 212(a)(3) of the Act (relating to security and 
     related grounds);
       (iii) with respect to an application for Z nonimmigrant 
     status, section 212(a)(6)(C)(i) of the Act;
       (IV) paragraph (6)(A)(i) of section 212(a) of the Act (with 
     respect to any entries occurring on or after January 1, 
     2007);
       (V) section 212(a)(9)(C)(i)(II);
       (VI) subparagraph (A), (C), or (D) of section 212(a)(10) of 
     the Act (relating to polygamists, child abductors, and 
     unlawful voters);
       (iii) the Secretary may in his discretion waive the 
     application of any provision of section 212(a) of the Act not 
     listed in subparagraph (B) on behalf of an individual alien 
     for humanitarian purposes, to ensure family unity, or if such 
     waiver is otherwise in the public interest; and
       (B) Construction.--Nothing in this paragraph shall be 
     construed as affecting the authority of the Secretary other 
     than under this paragraph to waive the provisions of section 
     212(a) of the Act.
       (e) Eligibility Requirements.--To be eligible for Z 
     nonimmigrant status an alien shall meet the following and any 
     other applicable requirements set forth in this section:
       (I) Eligibility.--The alien must not fall within a class of 
     aliens ineligible for Z nonimmigrant status listed under 
     subsection (d)(1).
       (2) Admissibility.--The alien must not be inadmissible as a 
     nonimmigrant to the United States under section 212, except 
     as provided in subsection (d)(2), regardless of whether the 
     alien has previously been admitted to the United States.
       (3) Presence.--To be eligible for Z-1 or Z-2 nonimmigrant 
     status, or for nonimmigrant status under section 
     101(a)(15)(Z)(iii)(I), the alien must--
       (A) have been physically present in the United States 
     before January 1, 2007, and have maintained continuous 
     physical presence in the United States since that date;
       (B) be physically present in the United States on the date 
     of application for Z nonimmigrant status; and
       (C) be on January 1,2007, and on the date of application 
     for Z nonimmigrant status, not present in lawful status in 
     the United States under any classification described in 
     section 101(a)(15) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)) or any other immigration status made 
     available under a treaty or other multinational agreement 
     that has been ratified by the Senate.
       (4) Employment.--An alien seeking Z-1 nonimmigrant status 
     must be employed in the United States on the date of filing 
     of the application for Z-1 nonimmigrant status.
       (5) Fees and Penalties.--
       (A) Processing fees.--
       (i) An alien making an initial application for Z 
     nonimmigrant status shall be required to pay a processing fee 
     in an amount sufficient to recover the full cost of 
     adjudicating the application, but no more than $1,500 for a 
     single Z nonimmigrant.
       (ii) An alien applying for extension of his Z nonimmigrant 
     status shall be required to pay a processing fee in an amount 
     sufficient to cover administrative and other expenses 
     associated with processing the extension application, but no 
     more than $1,500 for a single Z nonimmigrant.
       (B) Penalties.--
       (i) An alien making an initial application for Z-l 
     nonimmigrant status shall be required to pay, in addition to 
     the processing fee in subparagraph (A), a penalty of $1,000.
       (ii) An alien making an initial application for Z-1 
     nonimmigrant status shall be required to pay a $500 penalty 
     for each alien seeking Z-2 or Z-3 nonimmigrant status 
     derivative to the Z-1 applicant.
       (iii) An alien who is a Z-2 or Z-3 nonimmigrant and who has 
     not previously been a Z-1 nonimmigrant, and who changes 
     status to that of a Z-1 nonimmigrant, shall in addition to 
     processing fees be required to pay the initial application 
     penalties applicable to 
     Z-1 nonimmigrants.
       (C) State impact assistance fee.--In addition to any other 
     amounts required to be paid under this subsection, an alien 
     making an initial application for Z-l nonimmigrant status 
     shall be required to pay a State impact assistance fee equal 
     to $500.
       (D) Deposit and spending of fees.--The processing fees 
     under subparagraph (A) shall be deposited and remain 
     available until expended as provided by sections 286(m) and 
     (n).
       (E) Deposit, allocation, and spending of penalties.--
       (i) Deposit of penalties.--The penalty under subparagraph 
     (B) shall be deposited and remain available as provided by 
     section 286(w).
       (ii) Deposit of state impact assistance funds.--The funds 
     under subparagraph (C) shall be deposited and remain 
     available as provided by section 286(x).
       (6) Home application.--An alien granted probationary status 
     under subsection (h) shall not be eligible for Z nonimmigrant 
     status until the alien has completed the following home 
     application requirements:
       (i) Home application for Z nonimmigrant visa.--An alien 
     awarded probationary status who seeks to become a Z-l or Z-A 
     nonimmigrant must, within two years of being awarded a secure 
     ID card under subsection j), perfect the alien's application 
     for Z-l or Z-A nonimmigrant status at a United States 
     consular office by submitting a supplemental certification in 
     accordance with the requirements set forth in subparagraph 
     (ii). The alien shall present his secure ID card at the 
     United States consular office which shall then be marked or 
     embossed with a designation as determined by the Secretaries 
     of State and Homeland Security which will distinguish the 
     card as satisfying all Z-l or Z-A requirements. The 
     probationary status of an alien seeking to become a Z-l or Z-
     A nonimmigrant who fails to complete the requirements of this 
     paragraph shall be terminated in accordance with subsection 
     (o)(l)(G).
       (ii) Consular application.--
       (I) In general.--An alien granted probationary status who 
     seeks to become a Z-l or Z-A nonimmigrant must perfect the 
     alien's application by filing a supplemental certification in 
     person at a United States consulate abroad within two years 
     of being awarded a secure ID card under subsection (j).
       (II) Place of application.--Unless otherwise directed by 
     the Secretary of State, an alien in probationary status who 
     is seeking to become a Z-l or Z-A nonimmigrant shall file a 
     supplemental certification at a consular office in the 
     alien's country of origin. A consular office in a country 
     that is not the alien's country of origin as a matter of 
     discretion may, or at the direction of the Secretary of State 
     shall, accept a supplemental certification from such an 
     alien.
       (III) Contents of supplemental certification.--An alien in 
     probationary status who is seeking to become a Z-l or Z-A 
     nonimmigrant shall certify, in addition to any other 
     certifications specified by the Secretary, that the alien has 
     during the period of the alien's probationary status remained 
     continuously employed in accordance with the requirements of 
     subsection (m) and has paid all tax liabilities owed by the 
     alien pursuant to the procedures set forth in section 
     602(a)(8). An alien making a false certification under this 
     subparagraph shall be terminated pursuant to subsection 
     (0)(1)(C).
       (iii) Exemptions.--Subparagraphs (i) and (ii) shall not 
     apply to an alien who, on the date on which the alien is 
     granted a secure ID card under subsection (j), is exempted 
     from the employment requirements under subsection 
     (m)(1)(B)(iii).
       (iv) Failure to establish lawful admission to the united 
     states.--Unless exempted under subparagraph (iii), an alien 
     in probationary status who is seeking to become a Z-l or 
     Z-A nonimmigrant who fails to depart and reenter the United 
     States in accordance with subparagraphs (i) and (ii) may not 
     be issued a Z-l or Z-A nonimmigrant visa under this section.
       (v) Dependents.--An alien in probationary status who is 
     seeking to become a Z-2, Z-3 or Z-A dependent nonimmigrant 
     shall be awarded Z-2, Z-3 or Z-A dependent nonimmigrant 
     status upon satisfaction of the requirements set forth in 
     subparagraphs (i) and (ii) by the principal Z-1 or Z-A 
     nonimmigrant. An alien in probationary status who is seeking 
     to become a Z-2, Z-3 or Z-A dependent nonimmigrant and whose 
     principal Z-1 or Z-A nonimmigrant fails to satisfy the 
     requirements of subparagraphs (i) and (ii) may not be issued 
     a Z-2, Z-3 or Z-A dependent nonimmigrant visa under this 
     section unless the principal Z-1 or Z-A alien is exempted 
     under subparagraph (iii).
       (7) Interview.--An applicant for Z nonimmigrant status must 
     appear to be interviewed.
       (8) Military selective service.--The alien shall establish 
     that if the alien is within the age period required under the 
     Military Selective Service Act (50 U.S.C. App. 451 et seq.) 
     that such alien has registered under that Act.
       (f) Application Procedures.--
       (1) In general.--The Secretary of Homeland SecUrity shall 
     prescribe by notice in the Federal Register, in accordance 
     with the procedures described in section 610 of the [NAME OF 
     THIS ACT], the procedures for an alien in the United States 
     to apply for Z nonimmigrant status and the evidence required 
     to demonstrate eligibility for such status.
       (2) Initial receipt of applications.--The Secretary of 
     Homeland Security, or such other entities as are authorized 
     by the Secretary to accept applications under the procedures 
     established under this subsection, shall accept applications 
     from aliens for Z nonimmigrant status for a period of one 
     year starting the first day of the first month beginning no 
     more than 180 days after the date of enactment of this 
     section. If, during the one-year initial period for the 
     receipt of applications for Z nonimmigrant status, the 
     Secretary of Homeland Security determines that additional 
     time is required to register applicants for Z nonimmigrant 
     status, the

[[Page S7232]]

     Secretary may in his discretion extend the period for 
     accepting applications by up to 12 months.
       (3) Biometric data.--Each alien applying for Z nonimmigrant 
     status must submit biometric data in accordance with 
     procedures established by the Secretary of Homeland Security.
       (4) Home application.--No alien shall be awarded Z 
     nonimmigrant status until the alien has completed the home 
     application requirement set forth in subsection (e)( 6).
       (g) Content of Application Filed by Alien.--
       (1) Application form.--The Secretary of Homeland Security 
     shall create an application form that an alien shall be 
     required to complete as a condition of obtaining probationary 
     status.
       (2) Application information.--
       (A) In general.--The application form shall request such 
     information as the Secretary deems necessary and appropriate, 
     including but not limited to, information concerning the 
     alien's physical and mental health; complete criminal 
     history, including all arrests and dispositions; gang 
     membership, renunciation of gang affiliation; immigration 
     history; employment history; and claims to United States 
     citizenship.
       (B) Status.--An alien applying for Z nonimmigrant status 
     shall be required to specify on the application whether the 
     alien ultimately seeks to be awarded Z-1, Z-2, or Z-3 
     nonimmigrant status.
       (3) Security and law enforcement background checks.--
       (A) Submission of fingerprints.--The Secretary may not 
     accord Z nonimmigrant status unless the alien submits 
     fingerprints and other biometric data in accordance with 
     procedures established by the Secretary.
       (B) Background checks.--The Secretary shall utilize 
     fingerprints and other biometric data provided by the alien 
     to conduct appropriate background checks of such alien to 
     search for criminal, national security, or other law 
     enforcement actions that would render the alien ineligible 
     for classification under this section.
       (h) Treatment of applicants.--
       (1) In general.--An alien who files an application for Z 
     nonimmigrant status shall, upon submission of any evidence 
     required under paragraphs (f) and (g) and after the Secretary 
     has conducted appropriate background checks, to include name 
     and fingerprint checks, that have not by the end of the next 
     business day produced information rendering the applicant 
     ineligible--
       (A) be granted probationary status in the form of 
     employment authorization pending final adjudication of the 
     alien's application;
       (B) may in the Secretary's discretion receive advance 
     permission to re-enter the United States pursuant to existing 
     regulations governing advance parole;
       (C) may not be detained for immigration purposes, 
     determined inadmissible or deportable, or removed pending 
     final adjudication of the alien's application, unless the 
     alien is determined to be ineligible for Z nonimmigrant 
     status; and
       (D) may not be considered an unauthorized alien (as defined 
     in section 274A(h)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(3)) unless employment authorization under 
     subparagraph (A) is denied.
       (2) Timing of probationary status.--No alien shall be 
     granted probationary status until the alien has passed all 
     appropriate background checks or the end of the next business 
     day, whichever is sooner.
       (3) Construction.--Nothing in this section shall be 
     construed to limit the Secretary's authority to conduct any 
     appropriate background and security checks subsequent to 
     issuance of evidence of probationary benefits under 
     paragraph (4).
       (4) Probationary card.--The Secretary shall provide each 
     alien described in paragraph (1) with a counterfeit-resistant 
     document that reflects the benefits and status set forth in 
     that paragraph. The Secretary may by regulation establish 
     procedures for the issuance of documentary evidence of 
     probationary status and, except as provided herein, the 
     conditions under which such documentary evidence expires, 
     terminates, or is renewed. All documentary evidence of 
     probationary benefits shall expire no later than six months 
     after the date on which the Secretary begins to issue secure 
     ID cards under subsection (j).
       (5) Before application period.--If an alien is apprehended 
     between the date of enactment and the date on which the 
     period for initial registration closes under subsection 
     (f)(2), and the alien can establish prima facie eligibility 
     for Z nonimmigrant status, the Secretary shall provide the 
     alien with a reasonable opportunity to file an application 
     under this section after such regulations are promulgated.
       (6) During certain proceedings.--Notwithstanding any 
     provision of the Act, if the Secretary determines that an 
     alien who is in removal proceedings is prima facie eligible 
     for Z nonimmigrant status, then the Secretary shall 
     affirmatively communicate such determination to the 
     immigration judge. The immigration judge shall then terminate 
     or administratively close such proceedings and permit the 
     alien a reasonable opportunity to apply for such 
     classification.
       (i) Adjudication of Application Filed by Alien.--
       (1) In general.--The Secretary may approve the issuance of 
     a secure ID card, as described in subsection (0), to an 
     applicant for a Z nonimmigrant visa who satisfies the 
     requirements of this section.
       (2) Evidence of continuous physical presence, employment, 
     or education.--
       (A) Presumptive documents.--A Z nonimmigrant or an 
     applicant for Z nonimmigrant status may presumptively 
     establish satisfaction of each required period of presence, 
     employment, or study by submitting records to the Secretary 
     that demonstrate such presence, employment, or study, and 
     that the Secretary verifies have been maintained by the 
     Social Security Administration, the Internal Revenue Service, 
     or any other Federal, State, or local government agency.
       (B) Verification.--Each Federal agency, and each State or 
     local government agency, as a condition of receipt of any 
     funds under
       Section 286(x), shall within 90 days of enactment ensure 
     that procedures are in place under which such agency shall--
       (i) consistent with all otherwise applicable laws, 
     including but not limited to laws governing privacy, provide 
     documentation to an alien upon request to satisfy the 
     documentary requirements of this paragraph; or
       (ii) notwithstanding any other provision of law, including 
     section 6103 of title 26, United States Code, provide 
     verification to the Secretary of documentation offered by an 
     alien as evidence of
       (a) presence or employment required under this section, or
       (b) a requirement for any other benefit under the 
     immigration laws.
       (C) Other documents.--A Z nonimmigrant or an applicant for 
     Z nonimmigrant status who is unable to submit a document 
     described in subparagraph (A) may establish satisfaction of 
     each required period of presence, employment, or study by 
     submitting to the Secretary at least 2 other types of 
     reliable documents that provide evidence of employment, 
     inc1uding--
       (I) bank records;
       (II) business records;
       (III) employer records;
       (IV) records of a labor union or day labor center;
       (V) remittance records;
       (VI) sworn affidavits from nonrelatives who have direct 
     knowledge of the alien's work, that contain--
       (a) the name, address, and telephone number of the affiant;
       (b) the nature and duration of the relationship between the 
     affiant and the alien; and (c) other verification or 
     information.
       (D) Additional documents.--The Secretary may--
       (i) designate additional documents to evidence the required 
     period of presence, employment, or study; and
       (ii) set such terms and conditions on the use of affidavits 
     as is necessary to verify and confirm the identity of any 
     affiant or otherwise prevent fraudulent submissions.
       (3) Burden of proof.--An alien who is applying for a Z 
     nonimmigrant visa under this section shall prove, by a 
     preponderance of the evidence, that the alien has satisfied 
     the requirements of this section.
       (4) Denial of application.--
       (i) An alien who fails to satisfy the eligibility 
     requirements for a Z nonimmigrant visa shall have his 
     application denied and may not file additional applications.
       (ii) An alien who fails to submit requested initial 
     evidence, including requested biometric data, and requested 
     additional evidence by the date required by the Secretary 
     shall, except where the alien demonstrates to the 
     satisfaction of the Secretary that such failure was 
     reasonably excusable or was not willful, have his application 
     considered abandoned. Such application shall be denied and 
     the alien may not file additional applications.
       (j) Secure ID Card Evidencing Status.--
       (1) In general.--Documentary evidence of status shall be 
     issued to each Z nonimmigrant.
       (2) Features of secure ID card.--Documentary evidence of Z 
     nonimmigrant status:
       (A) shall be machine-readable, tamper-resistant, and shall 
     contain a digitized photograph and other biometric 
     identifiers that can be authenticated;
       (B) shall be designed in consultation with U.S. Immigration 
     and Customs Enforcement's Forensic Document Laboratory;
       (C) shall, during the alien's authorized period of 
     admission under subsection (k), serve as a valid travel and 
     entry document for the purpose of applying for admission to 
     the United States where the alien is applying for admission 
     at a Port of Entry.
       (D) may be accepted during the period of its validity by an 
     employer as evidence of employment authorization and identity 
     under section 274A(b)(1)(B); and
       (E) shall be issued to the Z nonimmigrant by the Secretary 
     of Homeland Security promptly after final adjudication of 
     such alien's application for Z nonimmigrant status, except 
     that an alien may not be granted permanent Z nonimmigrant 
     status until all appropriate background checks on the alien 
     are completed to the satisfaction of the Secretary of 
     Homeland Security.
       (k) Period of Authorized Admission.--
       (1) Initial period.--The initial period of authorized 
     admission as a Z nonimmigrant shall be four years, which 
     shall begin to run on the date that the alien was first 
     awarded a secure ID card under subsection (j).
       (2) Extensions.--
       (A) In general.--nonimmigrants may seek an indefinite 
     number of four-year extensions of the initial period of 
     authorized admission.
       (B) Requirements.--In order to be eligible for an extension 
     of the initial or any subsequent period of authorized 
     admission under this paragraph, an alien must satisfy the 
     following requirements:

[[Page S7233]]

       (i) Eligibility.--The alien must demonstrate continuing 
     eligibility for Z nonimmigrant status;
       (ii) English language and civics.--
       ``(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 must 
     demonstrate an attempt to gain an understanding of the 
     English language and knowledge of United States civics by 
     taking the naturalization test described in sections 
     312(a)(1) and (2) by demonstrating enrollment in or placement 
     on a waiting list for English classes.
       (II) Requirement at second renewal.--At or before the time 
     of application for the second extension of Z nonimmigrant 
     status, an alien who is 18 years of age or older must pass 
     the naturalization test described in sections 312(a)(1) and 
     (2). The alien may make up to three attempts to demonstrate 
     such understanding and knowledge but must satisfy this 
     requirement prior to the expiration of the second extension 
     of Z nonimmigrant status.
       (III) Exception.--The requirement of subclauses (I) and 
     (II) 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 because of physical or developmental 
     disability or mental impairment to comply therewith;
       (bb) is over fifty years of age and has been living in the 
     United States for periods totaling at least twenty years, or 
     (cc) is over fifty-five years of age and has been living in 
     the United States for periods totaling at least fifteen 
     years.
       (iii) Employment.--With respect to an extension of Z-1 or 
     Z-3 nonimmigrant status an alien must demonstrate 
     satisfaction of the employment or study requirements provided 
     in subsection (m) during the alien's most recent authorized 
     period of stay as of the date of application; and
       (iv) Fees.--The alien must pay a processing fee in an 
     amount sufficient to recover the full cost of adjudicating 
     the application, but no more than $1,500 for a single Z 
     nonimmigrant.
       (C) Security and law enforcement background checks.--An 
     alien applying for extension of Z nonimmigrant status may be 
     required to submit to a renewed security and law enforcement 
     background check that must be completed to the satisfaction 
     of the Secretary of Homeland Security before such extension 
     may be granted.
       (D) Timely filing and maintenance of status.--
       (i) In general.--An extension of stay under this paragraph, 
     or a change of status to another Z nonimmigrant status under 
     subsection (1), may not be approved for an applicant who 
     failed to maintain Z nonimmigrant status or where such status 
     expired or terminated before the application was filed.
       (ii) Exception.--Failure to file before the period of 
     previously authorized status expired or terminated may be 
     excused in the discretion of the Secretary and without 
     separate application, with any extension granted from the 
     date the previously authorized stay expired, where it is 
     demonstrated at the time of filing that:
       (I) the delay was due to extraordinary circumstances beyond 
     the control of the applicant, and the Secretary finds the 
     delay commensurate with the circumstances; and
       (II) the alien has not otherwise violated his Z 
     nonimmigrant status.
       (iii) Exemptions from penalty and employment 
     requirements.--An alien demonstrating extraordinary 
     circumstances under clause (ii), including the spouse of a Z-
     1 nonimmigrant who has been battered or has been the subject 
     of extreme cruelty perpetrated by the Z-1 nonimmigrant, and 
     who is changing to Z-1 nonimmigrant status, may be exempted 
     by the Secretary, in his discretion, from the requirements 
     under subsection (m) for a period of up to 180 days.
       (E) Bars to extension.--Except as provided in subparagraph 
     (D), a Z nonimmigrant shall not be eligible to extend such 
     nonimmigrant status if:
       (i) the alien has violated any term or condition of his or 
     her Z nonimmigrant status, including but not limited to 
     failing to comply with the change of address reporting 
     requirements under section 265;
       (ii) the period of authorized admission of the Z 
     nonimmigrant has been terminated for any reason; or
       (iii) with respect to a Z-2 or Z-3 nonimmigrant, the 
     principal alien's Z-1 nonimmigrant status has been 
     terminated.
       (1) Change of status.--
       (1) Change from Z nonimmigrant status.--
       (A) In general.--A Z nonimmigrant may not change status 
     under section 248 to another nonimmigrant status, except 
     another Z nonimmigrant status or status under subparagraph 
     (U) of section 101(a)(15).
       (B) Change from Z-A status.--A Z-A nonimmigrant may change 
     status to Z nonimmigrant status at the time of renewal 
     referenced in section 214A(j)(1)(C) of the Immigration and 
     Nationality Act.
       (C) Limit on changes.--A Z nonimmigrant may not change 
     status more than one time per 365-day period. The Secretary 
     may, in his discretion, waive the application of this 
     subparagraph to an alien if it is established to the 
     satisfaction of the Secretary that application of this 
     subparagraph would result in extreme hardship to the alien.
       (2) No change to Z nonimmigrant status.--A nonimmigrant 
     under the immigration laws may not change status under 
     section 248 to Z nonimmigrant status.
       (m) Employment.--
       (I) Z-1 and Z-3 nonimmigrants.--
       (A) In general.--Z-1 and Z-3 nonimmigrants shall be 
     authorized to work in the United States.
       (B) Continuous employment requirement.--All requirements 
     that an alien be employed or seeking employment for purposes 
     of this Title shall not apply to an alien who is under 16 
     years or over 65 years of age. A Z-1 or Z-3 nonimmigrant 
     between 16 and 65 years of age, or an alien in probationary 
     status between 16 and 65 years of age who is seeking to 
     become a Z-1 or Z-3 nonimmigrant, must remain continuously 
     employed full time in the United States as a condition of 
     such nonimmigrant status, except where--
       (i) the alien is pursuing a full course of study at an 
     established college, university, seminary, conservatory, 
     trade school, academic high school, elementary school, or 
     other academic institution or language training program;
       (ii) the alien is employed while also engaged in study at 
     an established college, university, seminary, conservatory, 
     academic high school, elementary school, or other academic 
     institution or language training program;
       (iii) the alien cannot demonstrate employment because of a 
     physical or mental disability (as defined under section 3(2) 
     of the Americans with Disabilities Act of 1990 (42 U.S.C. 
     12102(2) or as a result of pregnancy if such condition is 
     evidenced by the submission of documentation prescribed by 
     the Secretary; or
       (iv) the alien's ability to work has been temporarily 
     interrupted by an event that the Secretary has determined to 
     be a force majeure interruption.
       (2) Z-2 nonimmigrants.--Z-2 nonimmigrants shall be 
     authorized to work in the United States.
       (3) Portability.--Nothing in this subsection shall be 
     construed to limit the ability of a Z nonimmigrant to change 
     employers during the alien's period of authorized admission.
       (n) Travel Outside the United States.--
       (1) In general.--An alien who has been issued a secure ID 
     card under subsection (j) and who is in probationary status 
     or is a Z nonimmigrant--
       (A) may travel outside of the United States; and
       (B) may be readmitted (if otherwise admissible) without 
     having to obtain a visa if:
       (i) the alien's most recent period of authorized admission 
     has not expired;
       (ii) the alien is the bearer of valid documentary evidence 
     of Z nonimmigrant status that satisfies the conditions set 
     forth in section (j); and
       (iii) the alien is not subject to the bars on extension 
     described in subsection (k)(2)(E).
       (2) Admissibility.--On seeking readmission to the United 
     States after travel outside the United States an alien 
     granted Z nonimmigrant status must establish that he or she 
     is not inadmissible, except as provided by subsection (d)(2).
       (3) Effect on period of authorized admission.--Time spent 
     outside the United States under paragraph (1) shall not 
     extend the most recent period of authorized admission in the 
     United States under subsection (k).
       (o) Termination of Benefits.--
       (1) In general.--Any benefit provided to a Z nonimmigrant 
     or an applicant for Z nonimmigrant status under this section 
     shall terminate if--
       (A) the Secretary determines that the alien is ineligible 
     for such classification and all review procedures under 
     section 603 of the [Insert title of Act] have been exhausted 
     or waived by the alien;
       (B) (i) the alien is found removable from the United States 
     under section 237 of the Immigration and Nationality Act (8 
     U.S.C. 1227); (ii) the alien becomes inadmissible under 
     section 212 (except as provided in subsection (d)(2), or 
     (iii) the alien becomes ineligible under subsection (d)(1);
       (C) the alien has used documentation issued under this 
     section for unlawful or fraudulent purposes;
       (D) in the case of the spouse or child of an alien applying 
     for a Z nonimmigrant visa, in probationary status, or 
     classified as a Z nonimmigrant under this section, the 
     benefits for the principal alien are terminated;
       (E) with respect to a Z-1 or Z-3 nonimmigrant, the 
     employment or study requirements under subsection (m) have 
     been violated; or
       (F) with respect to an alien in probationary status, the 
     alien's application for Z nonimmigrant status is denied
       (G) with respect to an alien awarded probationary status 
     who seeks to become a Z-1 nonimmigrant, the alien fails to 
     complete the home application requirement set forth in 
     subsection (e)(6) within two years of receiving a secure ID 
     card.
       (3) Denial of immigrant visa or adjustment application.--
     Any application for an immigrant visa or adjustment of status 
     to lawful permanent resident status made under this section 
     by an alien whose Z nonimmigrant status is terminated under 
     paragraph (1) shall be denied.
       (4) Departure from the united states.--Any alien whose 
     period of authorized admission or probationary benefits is 
     terminated under paragraph (1), as well as the alien's Z-2 or 
     Z-3 nonimmigrant dependents, shall be subject to removal and 
     depart the United States immediately.

[[Page S7234]]

       (5) Invalidation of documentation.--Any documentation that 
     is issued by the Secretary of Homeland Security under 
     subsection (j) or pursuant to subsection (h)(4) to any alien, 
     whose period of authorized admission terminates under 
     paragraph (1), shall automatically be rendered invalid for 
     any purpose except departure.
       (P) Revocation.--If, at any time after an alien has 
     obtained status under section 601 of the [Insert title of 
     Act] but not yet adjusted such status to that of an alien 
     lawfully admitted for permanent residence under section 602, 
     the Secretary may, for good and sufficient cause, if it 
     appears that the alien was not in fact eligible for status 
     under section 601, revoke the alien's status following 
     appropriate notice to the alien.
       (q) Dissemination of Information on Z Program.--During the 
     2 year period immediately after the issuance of regulations 
     implementing this title, the Secretary, in cooperation with 
     entities approved by the Secretary, shall broadly disseminate 
     information respecting Z classification under this section 
     and the requirements to be satisfied to obtain such 
     classification. The Secretary shall disseminate information 
     to employers and labor unions to advise them of the rights 
     and protections available to them and to workers who file 
     applications under this section. Such information shall be 
     broadly disseminated, in no fewer than the top five principal 
     languages, as determined by the Secretary in his discretion, 
     spoken by aliens who would qualify for classification under 
     this section, including to television, radio, and print media 
     to which such aliens would have access.
       (r) Definitions.--In this title and section 214A of the 
     Immigration and Nationality Act:
       (1) Z nonimmigrant; Z nonimmigrant worker.--The term `Z 
     noniminigrant worker' means an alien admitted to the United 
     States under paragraph (Z) of subsection 101(a)(15). The term 
     does not include aliens granted probationary benefits under 
     subsection (h) and whose applications for nonimmigrant status 
     under section 101(a)(15)(Z) of the Act have not yet been 
     adjudicated.
       (2) Z-1 Nonimmigrant; Z-1 worker.--The term `Z-1 
     nonimmigrant' or `Z-1 worker' means an alien admitted to the 
     United States under paragraph (i)(I) of subsection 
     101(a)(15)(Z).
       (3) Z-A nonimmigrant; Z-a worker.--The term `Z-A 
     nonimmigrant' or `Z-A worker' means an alien admitted to the 
     United States under paragraph (ii)(II) of subsection 
     101(a)(15)(Z).
       (4) Z-2 nonimmigrant.--The term `Z-2 nonimmigrant' means an 
     alien admitted to the United States under paragraph (ii) of 
     subsection 101(a)(15)(Z).
       (5) Z-3 nonimmigrant; Z-3 worker.--The term `Z-3 
     nonimmigrant' or `Z-3 worker' means an alien admitted to the 
     United States under paragraph (iii) of subsection 101 
     (a)(15)(Z).

     SEC. 602. EARNED ADJUSTMENT FOR Z STATUS ALIENS

       (a) Lawful Permanent Residence.--
       (1) Z-1 nonimmigrants.--
       (A) Prohibition on immigrant visa.--A Z-1 nonimmigrant may 
     not be issued an immigrant visa pursuant to sections 221 and 
     222.
       (B) Adjustment.--Notwithstanding sections 245(a) and (c), 
     the status of any Z-1 nonimmigrant may be adjusted by the 
     Secretary of Homeland Security to that of an alien lawfully 
     admitted for permanent residence.
       (C) Requirements.--A Z-1 nonimmigrant may adjust status to 
     that of an alien lawfully admitted for permanent residence 
     upon satisfying, in addition to all other requirements 
     imposed by law, including the merit requirements set forth in 
     section 203(b)(1)(A) [INSERT CITE], the following 
     requirements:
       (i) Status.--The alien must be in valid Z-l nonimmigrant 
     status;
       (ii) Approved petition.--The alien must be the beneficiary 
     of an approved petition under section 204 of the Act or have 
     an approved petition that was filed pursuant to the 
     evaluation system under section 203(b)(1)(A) of the Act;
       (iii) Admissibility.--The alien must not be inadmissible 
     under section 212(a), except for those grounds previously 
     waived under subsection (d)(2);
       (iv) Fees and penalties.--In addition to the fees payable 
     to the Secretary of Homeland Security and Secretary of State 
     in connection with the filing of an immigrant petition and 
     application for adjustment of status, a Z-l head of household 
     must pay a $4,000 penalty at the time of submission of any 
     immigrant petition on his behalf, regardless of whether the 
     alien submits such petition on his own behalf or the alien is 
     the beneficiary of an immigrant petition filed by another 
     party; and
       (2) Z-2 and z-3 nonimmigrants.--
       (A) Restriction on visa issuance or adjustment.--An 
     application for an immigrant visa or for adjustment of status 
     to that of an alien lawfully admitted for permanent residence 
     of a Z-2 nonimmigrant or a Z-3 nonimmigrant under 18 years of 
     age may not be approved before the adjustment of status of 
     the alien's principal Z-l nonimmigrant.
       (B) Adjustment of status.--
       (i) Adjustment.--Notwithstanding sections 245(a) and (c), 
     the status of any Z-2 or Z-3 nonimmigrant may be adjusted by 
     the Secretary of Homeland Security to that of an alien 
     lawfully admitted for permanent residence.
       (ii) Requirements.--A Z-2 or Z-3 nonimmigrant may adjust 
     status to that of an alien lawfully admitted for permanent 
     residence upon satisfying, in addition to all other 
     requirements imposed by law, the following requirements:
       (I) Status.--The alien must be in valid Z-2 or Z-3 
     nonimmigrant status;
       (II) Approved petition.--The alien must be the beneficiary 
     of an approved petition under section 204 of the Act or have 
     an approved petition that was filed pursuant to the merit-
     based evaluation system under section 203(b)(1)(A) of the 
     Act;
       (III) Admissibility.--The alien must not be inadmissible 
     under section 212(a), except for those grounds previously 
     waived under subsection (d)(2);
       (IV) Fees.--The alien must pay the fees payable to the 
     Secretary of Homeland Security and Secretary of State in 
     connection with the filing of an immigrant petition and 
     application for an immigrant visa; and
       (3) Maintenance of waivers of inadmissibility.--The grounds 
     of inadmissibility not applicable under section (d)(2) shall 
     also be considered inapplicable for purposes of admission as 
     an immigrant or adjustment pursuant to this subsection.
       (4) Application of other law.--In processing applications 
     under this subsection on behalf of aliens who have been 
     battered or subjected to extreme cruelty, the Secretary shall 
     apply--
       (A) the provisions under section 204(a)(1)(J) of the 
     Immigration and Nationality Act (8 U.S.C. 1154(a)(1)(J)); and
        (B) the protections, prohibitions, and penalties under 
     section 384 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (8 U.S.C. 1367).
       (5) Back of the line.--An alien may not adjust status to 
     that of a lawful permanent resident under this section until 
     30 days after an immigrant visa becomes available for 
     approved petitions filed under sections 201, 202, and 203 of 
     the Act that were filed before May 1, 2005.
       (6) Ineligibility for public benefits.--For purposes of 
     section 403 of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 D.S.C. 1613), an 
     alien whose status has been adjusted under this section shall 
     not be eligible for any Federal means-tested public benefit 
     unless the alien meets the alien eligibility criteria for 
     such benefit under title IV of such Act (8 U.S.C. 1601 et 
     seq.).
       (7) Medical examination.--An applicant for earned 
     adjustment shall undergo an appropriate medical examination 
     (including a determination of immunization status) that 
     conforms to generally accepted professional standards of 
     medical practice.
       (8) Payment of income taxes.--
       (A) In general.--Not later than the date on which status is 
     adjusted under this section, the applicant shall satisfy any 
     applicable Federal tax liability accrued during the period of 
     Z status by establishing that--
       (i) no such tax liability exists;
       (ii) all outstanding liabilities have been paid; or
       (iii) the applicant has entered into, and is in compliance 
     with, an agreement for payment of all outstanding liabilities 
     with the Internal Revenue Service.
       (B) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to--
       (i) the applicant, upon request, to establish the payment 
     of all taxes required under this subsection; or
       (ii) the Secretary, upon request, regarding the payment of 
     Federal taxes by an alien applying for a benefit under this 
     section.
       (9) Deposit of fees.--Fees collected under this paragraph 
     shall be deposited into the Immigration Examination Fee 
     Account and shall remain available as provided under 
     subsections (m) and (n) of section 286 of the Immigration and 
     Nationality Act (8 U.S.C. 1356).
       (10) Deposit of penalties.--Penalties collected under this 
     paragraph shall be deposited into the Temporary Worker 
     Program Account and shall remain available as provided under 
     section 286(w) of the Immigration and Nationality Act.

     SEC. 603. ADMINISTRATIVE REVIEW, REMOVAL PROCEEDINGS, AND 
                   JUDICIAL REVIEW FOR ALIENS WHO HAVE APPLIED FOR 
                   LEGAL STATUS.

       (a) Administrative Review for Aliens Who Have Applied for 
     Status Under this Title--
       (1) Exclusive review.--Administrative review of a 
     determination respecting nonimmigrant status under this title 
     shall be conducted solely in accordance with this subsection.
       (2) Administrative appellate review.--Except as provided in 
     subparagraph (b)(2), an alien whose status under this title 
     has been denied, terminated, or revoked may file not more 
     than one appeal of the denial, termination, or rescission 
     with the Secretary not later than 30 calendar days after the 
     date of the decision or mailing thereof, whichever occurs 
     later in time. The Secretary shall establish an appellate 
     authority to provide for a single level of administrative 
     appellate review of a denial, termination, or rescission of 
     status under [this Act].
       (3) Standard for review.--Such administrative appellate 
     review shall be based solely upon the administrative record 
     established at the time of the determination 38 on the 
     application and upon such additional newly discovered or 
     previously unavailable evidence as the administrative 
     appellate review authority may decide to consider at the time 
     of the determination.

[[Page S7235]]

       (4) Limitation on motions to reopen and reconsider.--During 
     the administrative appellate review process the alien may 
     file not more than one motion to reopen or to reconsider. The 
     Secretary's decision whether to consider any such motion is 
     committed to the Secretary's discretion.
       (b) Removal of Aliens Who Have Been Denied Status Under 
     This Title.--
       (1) Self-initiated removal.--Any alien who receives a 
     denial under subsection (a) may request, not later than 30 
     calendar days after the date of the denial or the mailing 
     thereof, whichever occurs later in time, that the Secretary 
     place the alien in removal proceedings. The Secretary shall 
     place the alien in removal proceedings to which the alien 
     would otherwise be subject, unless the alien is subject to an 
     administratively final order of removal, provided that no 
     court shall have jurisdiction to review the timing of the 
     Secretary's initiation of such proceedings. If the alien is 
     subject to an administratively final order of removal, the 
     alien may seek review of the denial under this section 
     pursuant to subsection 242(h) as though the order of removal 
     had been entered on the date of the denial, provided that the 
     court shall not review the order of removal except as 
     otherwise provided by law.
       (2) Aliens who are determined to be ineligible due to 
     criminal convictions.--
       (i) Aggravated Felons.--Notwithstanding any other provision 
     of this Act, an alien whose application for status under this 
     title has been denied or whose status has been terminated or 
     revoked by the Secretary under clause (1)(F)(ii) of 
     subsection 601(d) of [this Act] because the alien has been 
     convicted of an aggravated felony, as defined in paragraph 
     101(a)(43) of the INA, may be placed forthwith in proceedings 
     pursuant to section 238(b) of the INA.
       (ii) Other criminals.--Notwithstanding any other provision 
     of this Act, any other alien whose application for status 
     under this title has been denied or whose status has been 
     terminated or revoked by the Secretary under clauses 
     (1)(F)(i), (iii), or (iv) of subsection [CITE: 601(d)] of 
     [this Act] may be placed forthwith in removal proceedings 
     under section 240 of the INA.
       (iii) Final denial, termination or rescission.--The 
     Secretary's denial, termination, or rescission of the status 
     of any alien described in clauses (i) and (ii) of this 
     subparagraph shall be final for purposes of subparagraph 
     242(h)(3)(C) of the INA and shall represent the exhaustion of 
     all review procedures for purposes of subsections 601(h) 
     (relating to treatment of applicants) and 601(o) (relating to 
     termination of proceedings) of this Act, notwithstanding 
     paragraph (a)(2) of this section.
       (3) Limitation on motions to reopen and reconsider.--During 
     the removal process under this subsection the alien may file 
     not more than one motion to reopen or to reconsider. The 
     Secretary's or Attorney General's decision whether to 
     consider any such motion is committed to the Attorney 
     General's discretion.
       (c) Judicial Review.-- Section 242 of the Immigration and 
     Nationality Act is amended by adding at the end the 
     following subsection (h):
       ``(h) Judicial Review of Eligibility Determinations 
     Relating to Status Under Title VI of [this Act].
       ``(1) Exclusive review.--Notwithstanding any other 
     provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, or any other habeas corpus 
     provision, and sections 1361 and 1651 of such title, and 
     except as provided in this subsection, no court shall have 
     jurisdiction to review a determination respecting an 
     application for status under title VI of [this Act], 
     including, without limitation, a denial, termination, or 
     rescission of such status.
       ``(2) No review for late filings.--An alien may not file an 
     application for status under title VI of [this Act] beyond 
     the period for receipt of such applications established by 
     subsection 601(f) thereof. The denial of any application 
     filed beyond the expiration of the period established by that 
     subsection shall not be subject to judicial review or remedy.
       ``(3) Review of a denial, termination, or rescission of 
     status under title VI of [this Act].--A denial, termination, 
     or rescission of status under subsection 601 of [this Act] 
     may be reviewed only in conjunction with the judicial review 
     of an order of removal under this section, provided that:
       ``(A) the venue provision set forth in (b)(2) shall govern;
       ``(B) the deadline for filing the petition for review in 
     (b)(1) shall control;
        ``(C) the alien has exhausted all administrative remedies 
     available to the alien as of right, including but not limited 
     to the timely filing of an administrative appeal pursuant to 
     subsection 603(a) of [this Act];
       ``(D) the court shall decide a challenge to the denial of 
     status only on the administrative record on which the 
     Secretary's denial, termination, or rescission was based;
       ``(E) Limitation on review.--Notwithstanding any other 
     provision of law (statutory or nonstatutory), including 
     section 2241 of title 28, or any other habeas corpus 
     provision, and sections 1361 and 1651 of such title, no court 
     reviewing a denial, termination, or rescission of status 
     under Title VI of [this Act] may review any discretionary 
     decision or action of the Secretary regarding any application 
     for or termination or rescission of such status; and
       ``(F) Limitation on motions to reopen and reconsider.--The 
     alien may file not more than one motion to reopen or to 
     reconsider in proceedings brought under this section.
       ``(4) Standard for judicial review.--Judicial review of the 
     Secretary's denial, termination, or rescission of status 
     under title VI of [this Act] relating to any alien shall be 
     based solely upon the administrative record before the 
     Secretary when he enters a final denial, termination, or 
     rescission. The administrative findings of fact are 
     conclusive unless any reasonable adjudicator would be 
     compelled to conclude to the contrary. The legal 
     determinations are conclusive unless manifestly contrary to 
     law.
       ``(5) Challenges on validity of the system.--
       ``(A) In general.--Any claim that title VI of [this Act], 
     or any regulation, written policy, or written directive 
     issued or unwritten policy or practice initiated by or under 
     the authority of the Secretary of Homeland Security to 
     implement that title, violates the Constitution of the United 
     States or is otherwise in violation of law is available 
     exclusively in an action instituted in the United States 
     District Court for the District of Columbia in accordance 
     with the procedures prescribed in this paragraph. Nothing in 
     this subparagraph shall preclude an applicant for status 
     under title VI of [this Act] from asserting that an action 
     taken or decision made by the Secretary with respect to his 
     status under that title was contrary to law in a proceeding 
     under section 603 of [this Act] and paragraph (b)(2) of this 
     section.
       ``(B) Deadlines for bringing actions.--Any action 
     instituted under this paragraph,
       (i) must, if it asserts a claim that title VI of [this Act] 
     or any regulation, written policy, or written directive 
     issued by or under the authority of the Secretary to 
     implement that title violates the Constitution or is 
     otherwise unlawful, be filed no later than one year after the 
     date of the publication or promulgation of the challenged 
     regulation, policy or directive or, in cases challenging the 
     validity of the Act, within one year of enactment; and
       (ii) must, if it asserts a claim that an unwritten policy 
     or practice initiated by or under the authority of the 
     Secretary violates the Constitution or is otherwise unlawful, 
     be filed no later than one year after the plaintiff knew or 
     reasonably should have known of the unwritten policy or 
     practice.
       ``(C) Class actions.--Any claim described in subparagraph 
     (A) that is brought as a class action shall be brought in 
     conformity with Public Law 109-2 and the Federal Rules of 
     Civil Procedure.''
       ``(D) Preclusive effect.-- The final disposition of any 
     claim brought under subparagraph (5)(A) shall be preclusive 
     of any such claim asserted in a subsequent proceeding under 
     this subsection or under subsection 603 [of this Act].
       ``(E) Exhaustion and stay of proceedings.--No claim brought 
     under this paragraph shall require the plaintiff to exhaust 
     administrative remedies under subsection 603 of [this Act], 
     but nothing shall prevent the court from staying proceedings 
     under this paragraph to permit the Secretary to evaluate an 
     allegation of an unwritten policy or practice or to take 
     corrective action. In issuing such a stay, the court shall 
     take into account any harm the stay may cause to the 
     claimant. The court shall have no authority to stay 
     proceedings initiated under any other section of the INA.''

     SEC. 604. MANDATORY DISCLOSURE OF INFORMATION.

       (a) In General.--Except as otherwise provided in this 
     section, no Federal agency or bureau, nor any officer, 
     employee or contractor of such agency or bureau, may--
       (1) use the information furnished by an applicant under 
     section 601 [and 602] of the 
     [--] or the fact that the applicant applied for such Z status 
     for any purpose other than to make a determination on the 
     application, any subsequent application to extend such status 
     under section 601 of such Act, or to adjust status to that of 
     an alien lawfully admitted for permanent residence under 
     section 602 of such Act;
       (2) make or release any publication through which the 
     information furnished by any particular applicant can be 
     identified; or
       (3) permit anyone other than the officers, employees or 
     contractors of such agency, bureau, or approved entity, as 
     approved by the Secretary of Homeland Security, to examine 
     individual applications that have been filed.
       (b) Exceptions to Confidentiality.--
       (1) Subsection (a) shall not apply with respect to--
       (A) an alien whose application has been denied, terminated 
     or revoked based on the Secretary's finding that the alien--
       (i) is inadmissible under sections 212(a)(2), (3), 
     (6)(C)(i) (with respect to information furnished by an 
     applicant under section 601 or 602 of the [--]), or (6)(E) of 
     the Act;
       (ii) is deportable under sections 237(a)(1)(E), (1)(G), 
     (2), or (4) of the Act;
       (iii) was physically removed and is subject to 
     reinstatement pursuant to section 241 (a)(5).
       (B) an alien whose application for Z nonimmigrant status 
     has been denied, terminated, or revoked under section 
     601(d)(1)(F);
       (C) an alien whom the Secretary determines has ordered, 
     incited, assisted, or otherwise participated in the 
     persecution of any person on account of race, religion, 
     nationality, membership in a particular social group, or 
     political opinion;
       (D) an alien whom the Secretary determines has, in 
     connection with his application under sections 601 or 602, 
     engaged in

[[Page S7236]]

     fraud or willful misrepresentation, concealment of a material 
     fact, or knowingly offered a false statement, representation 
     or document;
       (E) an alien who has knowingly and voluntarily waived in 
     writing the confidentiality provisions in subsection (a); or
       (F) an order from a court of competent jurisdiction.
       (2) Nothing in this subsection shall require the Secretary 
     to commence removal proceedings against an alien whose 
     application has been denied, terminated, or revoked based on 
     the Secretary's finding that the alien is inadmissible or 
     deportable.
       (c) Authorized Disclosures.--Information furnished on or 
     derived from an application described in subsection (a) may 
     be disclosed to--
       (1) a law enforcement agency, intelligence agency, national 
     security agency, component of the Department of Homeland 
     Security, court, or grand jury in connection with a criminal 
     investigation or prosecution or a national security 
     investigation or prosecution; or
       (2) an official coroner for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (e) Auditing and Evaluation of Information.--The Secretary 
     may audit and evaluate information furnished as part of any 
     application filed under sections 601 and 602, of [--], any 
     application to extend such status under section 601(k) of 
     such Act, or any application to adjust status to that of an 
     alien lawfully admitted for permanent residence under section 
     602 of such Act, for purposes of identifying fraud or fraud 
     schemes, and may use any evidence detected by means of audits 
     and evaluations for purposes of investigating, prosecuting or 
     referring for prosecution, denying, or terminating 
     immigration benefits.
       (f) Use of Information in Petitions and Applications 
     Subsequent to Adjustment of Status.--If the Secretary has 
     adjusted an alien's status to that of an alien lawfully 
     admitted for permanent residence pursuant to section 602 of 
     [--], then at any time thereafter the Secretary may use the 
     information furnished by the alien in the application for 
     adjustment of status or in the applications for status 
     pursuant to sections 601 or 602 to make a determination on 
     any petition or application.
       (g) Penalties.--Whoever knowingly uses, publishes, or 
     permits information to be examined in violation of this 
     section shall be fined not more than $10,000.
       (h) Construction.--Nothing in this section shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes of information contained in files or 
     records of the Secretary or Attorney General pertaining to an 
     applications filed under sections 601 or 602, other than 
     information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.

     SEC. 605. EMPLOYER PROTECTIONS.

       (a) Copies of employment records or other evidence of 
     employment provided by an alien or by an alien's employer in 
     support of an alien's application for Z nonimmigrant status 
     shall not be used in a prosecution or investigation (civil or 
     criminal) of that employer under section 247B (8 U.S.C. 
     1324a) or the tax laws of the United States for the prior 
     unlawful employment of that alien, regardless of the 
     adjudication of such application or reconsideration by the 
     Secretary of such alien's prima facie eligibility 
     determination.
       (b) Applicability of Other Law.--Nothing in this section 
     may be used to shield an employer from liability under 
     section 274B of the Immigration and Nationality Act (8 U.S.C. 
     1324b) or any other labor or employment law.

     SEC. 606. ENUMERATION OF SOCIAL SECURITY NUMBER.

       The Secretary of Homeland Security, in coordination with 
     the Commissioner of the Social Security Administration, shall 
     implement a system to allow for the prompt enumeration of a 
     Social Security number after the Secretary of Homeland 
     Security has granted an alien Z nonimmigrant status or any 
     probationary benefits based upon application for such status.

     SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS FOR YEARS 
                   PRIOR TO ENUMERATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by:
       (1) amending subsection (c) by deleting ``For'' and 
     inserting ``Except as provided in subsection (e), for''; and
       (2) adding at the end the following new subsections:
       ``(d)(1) Except as provided in paragraph (2) and subsection 
     (e), for purposes of this section and for purposes of 
     determining a qualifying quarter of coverage under 8 U.S.C. 
     1612(b)(2)(B), no quarter of coverage shall be credited if, 
     with respect to any individual who is assigned a social 
     security account number after 2007, such quarter of coverage 
     is earned prior to the year in which such social security 
     account number is assigned.
       ``(2) 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) Effective Date.--The amendment made by subsection (a) 
     that provides for a new section 214( e) of the Social 
     Security Act shall be effective with respect to applications 
     for benefits filed after the sixth month following the month 
     this Act is enacted.

     SEC. 608. PAYMENT OF PENALTIES AND USE OF PENALTIES 
                   COLLECTED.

       (a) The Secretary shall by regulation establish procedures 
     allowing for the payment of 80 percent of the penalties 
     described in Section 601(e)(5)(B) and Section 602(a)(I)(C)(v) 
     through an installment payment plan.
       (b) Any penalties received under this title with respect to 
     an application for Z-1 nonimmigrant status shall be used in 
     the following order of priority:
       (1) shall be credited as offsetting collections to 
     appropriations provided pursuant to section 611 for the 
     fiscal year in which this Act is enacted and the subsequent 
     fiscal year; and
       (2) shall be deposited and remain available as otherwise 
     provided under this title.

     SEC. 609. LIMITATIONS ON ELIGIBILITY.

       (a) In General.--An alien is not ineligible for any 
     immigration benefit under any provision of this title, or any 
     amendment made by this title, solely on the basis that the 
     alien violated section 1543, 1544, or 1546 of title 18, 
     United States Code, or any amendments made by the [NAME OF 
     THIS ACT], during the period beginning on the date of the 
     enactment of such Act and ending on the date on which the 
     alien applies for any benefits under this title, except with 
     respect to any forgery, fraud or misrepresentation on the 
     application for Z nonimmigrant status filed by the alien.
       (b) Prosecution.--An alien who commits a violation of 
     section 1543, 1544, or 1546 of such title or any amendments 
     made by the [NAME OF THIS ACT], during the period beginning 
     on the date of the enactment of such Act and ending on the 
     date that the alien applies for eligibility for such benefit 
     may be prosecuted for the violation if the alien's 
     application for such benefit is denied.

     SEC. 610. RULEMAKING.

       (a) The Secretary shall issue an interim final rule within 
     six months of the date of enactment of this subtitle to 
     implement this title and the amendments made by this title. 
     The interim final rule shall become effective immediately 
     upon publication in the Federal Register. The interim final 
     rule shall sunset two years after issuance unless the 
     Secretary issues a final rule within two years of the 
     issuance of the interim final rule.
       (b) The exemption provided under this section shall sunset 
     no later than two years after the date of enactment of this 
     subtitle, provided that, such sunset shall not be construed 
     to impose any requirements on, or affect the validity of, any 
     rule issued or other action taken by the Secretary under such 
     exemptions.

     SEC. 611. AUTHORIZATION OF APPROPRIATIONS.

       (a) In General.--There are authorized to be appropriated to 
     the Secretary such sums as may be necessary to carry out this 
     title and the amendments made by this title.
       (b) Availability of Funds.--Funds appropriated pursuant to 
     subsection (a) shall remain available until expended.
       (c) Sense of Congress.--It is the sense of the Congress 
     that funds authorized to be appropriated under subsection (a) 
     should be directly appropriated so as to facilitate the 
     orderly and timely commencement of the processing of 
     applications filed under sections 601 and 602.

                         Subtitle B--DREAM Act

     SEC. 612. SHORT TITLE.

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

     SEC. 613. DEFINITIONS.

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

     SEC. 614. ADJUSTMENT OF STATUS OF CERTAIN LONG-TERM RESIDENTS 
                   WHO ENTERED THE UNITED STATES AS CHILDREN.

       (a) Special Rule for Certain Long-Term Residents Who 
     Entered the United States as Children.--
       (1) In general.--Notwithstanding any other provision of law 
     and except as otherwise provided in this subtitle, the 
     Secretary may beginning on the date that is three years after 
     the date of enactment of this Act

[[Page S7237]]

     adjust to the status of an alien lawfully admitted for 
     permanent residence an alien who is determined to be eligible 
     for or has been granted probationary or Z nonimmigrant status 
     if the alien demonstrates that--
       (A) the alien has been physically present in the United 
     States for a continuous period since January 1, 2007, is 
     under 30 years of age on the date of enactment, and had not 
     yet reached the age of 16 years at the time of initial entry;
       (B) the alien has earned a high school diploma or obtained 
     a general education development certificate in the United 
     States;
       (C) The alien has not abandoned the alien's residence in 
     the United States. The Secretary shall presume that the alien 
     has abandoned such residence if the alien is absent from the 
     United States for more than 365 days, in the aggregate, 
     during the period of conditional residence, unless the alien 
     demonstrates that alien has not abandoned the alien's 
     residence. An alien who is absent from the United States due 
     to active service in the uniformed services has not abandoned 
     the alien's residence in the United States during the period 
     of such service.
       (D) The alien has--
       (i) acquired a degree from an institution of higher 
     education in the United States or has completed at least 2 
     years, in good standing, in a program for a bachelor's degree 
     or higher degree in the United States; or
       (ii) The alien has served in the uniformed services for at 
     least 2 years and, if discharged, has received an honorable 
     discharge.
       (E) The alien has provided a list of all of the secondary 
     educational institutions that the alien attended in the 
     United States; and
       (F) The alien is in compliance with the eligibility and 
     admissibility criteria set forth in section 601(d).
       (b) Treatment of Period for Purposes of Naturalization.--
     Solely for purposes of title III of the Immigration and 
     Nationality Act (8 U.S.C. 1401 et seq.), an alien who has 
     been granted probationary or Z nonimmigrant status and has 
     satisfied the requirements of subparagraphs (a)(1)(A) through 
     (F) shall beginning on the date that is eight years after the 
     date of enactment be considered to have satisfied the 
     requirements of Section 316(a)(1) of the Act (8 U.S.C. 
     1427(a)(1)).
       (c) Exemption From Numerical Limitations.--Nothing in this 
     section may be construed to apply a numerical limitation on 
     the number of aliens who may be eligible for adjustment of 
     status.
       (d) Regulations.--
       (1) Proposed regulations.--Not later than 180 days after 
     the date of enactment of this Act, the Secretary shall 
     publish proposed regulations implementing this section. Such 
     regulations shall be effective immediately on an interim 
     basis, but are subject to change and revision after public 
     notice and opportunity for a period for public comment.
       (2) Interim, final regulations.--Within a reasonable time 
     after publication of the interim regulations in accordance 
     with paragraph (1), the Secretary shall publish final 
     regulations implementing this section.

     SEC. 615. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION 
                   ON FEES.

       Regulations promulgated under this subtitle shall provide 
     that no additional fee will be charged to an applicant for a 
     Z nonimmigrant visa for applying for benefits under this 
     subtitle.

     SEC. 616. HIGHER EDUCATION ASSISTANCE.

       (a) Section 505 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) shall 
     have no force or effect with respect to an alien who has been 
     granted probationary or Z nonimmigrant status.
       (b) Notwithstanding any provision of the Higher Education 
     Act of 1965 (20 U.S.C. 1001 et seq.), with respect to 
     assistance provided under title IV of the Higher Education 
     Act of 1965 (20 U.S.C. 1070 et seq.), an alien who adjusts 
     status to that of a lawful permanent resident under this 
     title, or who is a probationary Z or Z nonimmigrant under 
     this title and who meets the eligibility criteria set forth 
     in section 614(a)(1)(A), (B), and (F), shall be eligible for 
     the following assistance under such title IV:
       (1) Student loans under parts B, D, and E of such title IV 
     (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.), 
     subject to the requirements of such parts.
       (2) Federal work.--study programs under part C of such 
     title IV (42 U.S.C. 2751 et seq.), subject to the 
     requirements of such part.
       (3) Services under such title IV (20 U.S.C. 1070 et seq.), 
     subject to the requirements for such services.

     SEC. 617. DELAY OF FINES AND FEES.

       (a) Payment of the penalties and fees specified in section 
     601(e)(5) shall not be required with respect to an alien who 
     meets the eligibility criteria set forth in section 
     614(a)(1)(A), (B), and (F) until the date that is six years 
     and six months after the date of enactment of this Act or the 
     alien reaches the age of 24, whichever is later. If the alien 
     makes all of the demonstrations specified in section 
     614(a)(1) by such date, the penalties shall be waived. If the 
     alien fails to make the demonstrations specified in section 
     614(a)(1) by such date, the alien's Z nonimmigrant status 
     will be terminated unless the alien pays the penalties and 
     fees specified in section 601(e)(5) consistent with the 
     procedures set forth in section 608 within 90 days.
       (b) With respect to an alien who meets the eligibility 
     criteria set forth in section 614(a)(1)(A) and (F), but not 
     the eligibility criteria in section 614(a)(1)(B), the 
     individual who pays the penalties specified in section 
     601(e)(5) shall be entitled to a refund when the alien makes 
     all the demonstrations specified in section 614(a)(1).

     SEC. 618. GAO REPORT.

       Seven years after the date of enactment of this Act, the 
     Comptroller General of the United States shall submit a 
     report to the Committee on the Judiciary of the Senate and 
     the Committee on the Judiciary of the House of 
     Representatives, which sets forth--
       (1) the number of aliens who were eligible for adjustment 
     of status under section 623(a);
       (2) the number of aliens who applied for adjustment of 
     status under section 623(a); and (3) the number of aliens who 
     were granted adjustment of status under section 623(a).

     SEC. 619. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Regulations.--The Secretary shall issue regulations to 
     carry out the amendments made by this subtitle not later than 
     the first day of the seventh month that begins after the date 
     of enactment of this Act.
       (b) Effective Date.--This subtitle shall take effect on the 
     date that regulations required by subsection (a) are issued, 
     regardless of whether such regulations are issued on an 
     interim basis or on any other basis.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to implement this subtitle, including any sums 
     needed for costs associated with the initiation of such 
     implementation.

             PART II--CORRECTION OF SOCIAL SECURITY RECORDS

     SEC. 620. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--Section 208(e)(1) of the Social Security 
     Act (42 U.S.C. 408(e)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following: 
     ``(D) who is granted nonimmigrant status pursuant to section 
     101(a)(15)(Z-A) of the Immigration and Nationality Act,''; 
     and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred before the date on which 
     the alien was granted such nonimmigrant status.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of the enactment of this Act.

                    Subtitle C--Agricultural Workers

     SEC. 621. SHORT TITLE.

       This subtitle may be cited as the ``Agricultural Job 
     Opportunities, Benefits, and Security Act of 2007'' or the 
     ``AgJOBS Act of 2007''

               PART I--ADMISSION OF AGRICULTURAL WORKERS

     SEC. 622. ADMISSION OF AGRICULTURAL WORKERS.

       (a) Z-A Nonimmigrant Visa Category.--
       (1) Establishment.--Paragraph (15) of section 101(a)), of 
     the Immigration and Nationality Act (8 U.S.C. 1101(a), [as 
     amended by section 601(b), is further amended by adding at 
     the end the following new subparagraph:
       ``(Z-A)(i) an alien who is coming to the United States to 
     perform any service or activity that is considered to be 
     agricultural under section 3(f) of the Fair Labor Standards 
     Act of 1938 (29 U.S.C. 203(f)), agricultural labor under 
     section 3121(g) of the Internal Revenue Code of 1986, or the 
     performance of agricultural labor or services described in 
     subparagraph (H)(ii)(a), who meets the requirements of 
     section 214A of this Act; or
       ``(ii) the spouse or minor child of an alien described in 
     clause (i) who is residing in the United States.''.
       (b) Requirements for Issuance of Nonimmigrant Visa.--
     Chapter 2 of title II of the Immigration and Nationality Act 
     (8 U.S.C. 1181 et seq.) is amended by inserting after section 
     214 the following new section:

     ``SEC. 214A. ADMISSION OF AGRICULTURAL WORKERS.

       ``(a) Definitions.--In this section:
       ``(1) Agricultural employment.--The term `agricultural 
     employment' means any service or activity that is considered 
     to be agricultural under section 3(f) of the Fair Labor 
     Standards Act of 1938 (29 U.S.C. 203(f)) or agricultural 
     labor under section 3121(g) of the Internal Revenue Code of 
     1986 or the performance of agricultural labor or services 
     described in section 101(a)(15)(H)(ii)(a).
       ``(2) Department.--The term `Department' means the 
     Department of Homeland Security.
       ``(3) Employer.--The term `employer' means any person or 
     entity, including any farm labor contractor and any 
     agricultural association, that employs workers in 
     agricultural employment.
       ``(4) Qualified designated entity.--The term `qualified 
     designated entity' means--
       ``(A) a qualified farm labor organization or an association 
     of employers designated by the Secretary; or
       ``(B) any such other person designated by the Secretary if 
     that Secretary determines such person is qualified and has 
     substantial experience, demonstrated competence, and has a 
     history of long-term involvement in the preparation and 
     submission of applications for adjustment of status under 
     section 209, 210, or 245, the Act entitled `An Act to adjust 
     the status of Cuban refugees to that of lawful permanent 
     residents of the United

[[Page S7238]]

     States, and for other purposes', approved November 2, 1966 
     (Public Law 89-732; 8 U.S.C. 1255 note), Public Law 95-145 (8 
     U.S.C. 1255 note), or the Immigration Reform and Control Act 
     of 1986 (Public Law 99-603; 100 Stat. 3359) or any amendment 
     made by that Act.
       ``(5) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(6) Temporary.--A worker is employed on a `temporary' 
     basis when the employment is intended not to exceed 10 
     months.
       ``(7) Work day.--The term `work day' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.
       ``(8) Z-A dependent visa.--The term `Z-A dependent visa' 
     means a nonimmigrant visa issued pursuant to section 
     101(a)(l5)(Z-A)(ii).
       ``(9) Z-A visa.--The term `Z-A visa' means a nonimmigrant 
     visa issued pursuant to section 101(a)(15)(Z-A)(i).
       ``(b) Authorization for Presence, Employment, and Travel in 
     the United States.--
       ``(1) In general.--An alien issued a Z-A visa or a Z-A 
     dependent visa may remain in, and be employed in, the United 
     States during the period such visa is valid.
       ``(2) Authorized employment.--The Secretary shall provide 
     an alien who is granted a Z-A visa or a Z-A dependent visa an 
     employment authorized endorsement or other appropriate work 
     permit, in the same manner as an alien lawfully admitted for 
     permanent residence.
       ``(3) Authorized travel.--An alien who is granted a Z-A 
     visa or a Z-A dependent visa is authorized to travel outside 
     the United States (including commuting to the United States 
     from a residence in a foreign country) in the same manner as 
     an alien lawfully admitted for permanent residence.
       ``(c) Qualifications.--
       ``(I) Z-A visa.--Notwithstanding any other provision of 
     law, the Secretary shall, pursuant to the requirements of 
     this section, grant a Z-A visa to an alien if the Secretary 
     determines that the alien--
       ``(A) has performed agricultural employment in the United 
     States for at least 863 hours or 150 work days during the 24-
     month period ending on December 31, 2006;
       ``(B) applied for such status during the 18-month 
     application period beginning on the first day of the seventh 
     month that begins after the date of enactment of this Act;
       ``(C) is admissible to the United States under section 212, 
     except as otherwise provided in paragraph (4);
       ``(D) has not been convicted of any felony or a 
     misdemeanor, an element of which involves bodily injury, 
     threat of serious bodily injury, or harm to property in 
     excess of $500; and
       ``(E) meets the requirements of paragraph (3).
       ``(2) Z-A dependent visa.--Notwithstanding any other 
     provision of law, the Secretary shall grant a Z-A dependent 
     visa to an alien who is--
       ``(A) described in section 101(a)(15)(Z-A)(ii);
       ``(B) meets the requirements of paragraph (3); and
       ``(C) is admissible to the United States under section 212, 
     except as otherwise provided in paragraph (4).
       ``(3) Security and law enforcement background checks.--
       ``(A) Fingerprints.--An alien seeking a Z-A visa or a Z-A 
     dependent visa shall submit fingerprints to the Secretary at 
     such time and in manner as the Secretary may require.
       ``(B) Background checks.--The Secretary shall utilize 
     fingerprints provided under subparagraph (A) and other 
     biometric data provided by an alien to conduct a background 
     check of the alien, including searching the alien's criminal 
     history and any law enforcement actions taken with respect to 
     the alien and ensuring that the alien is not a risk to 
     national security.
       ``(4) Waiver of certain grounds of inadmissibillty.--In the 
     determination of an alien's eligibility for a Z-A visa or a 
     Z-A dependent visa the following shall apply:
       ``(A) Grounds of exclusion not applicable.--The provisions 
     of paragraphs (5), (6)(A), (7), and (9) of section 212(a) 
     shall not apply.
       ``(B) Waiver of other grounds.--
       ``(i) In general.--Except as provided in clause (ii), the 
     Secretary may waive any provision of such section 212( a), 
     other than the paragraphs described in subparagraph (A), in 
     the case of individual aliens for humanitarian purposes, to 
     ensure family unity, or if such waiver is otherwise in the 
     public interest.
       ``(ii) Grounds that may not be waived.--Except as provided 
     in subparagraph (C), subparagraphs (A), (B), and (C) of 
     paragraph (2), and paragraphs (3) and (4) of section 212(a) 
     may not be waived by the Secretary under clause (i).
       ``(iii) Construction.--Nothing in this subparagraph shall 
     be construed as affecting the authority of the Secretary 
     other than under this subparagraph to waive provisions of 
     such section 212(a).
       ``(C) Special rule for determination of public charge.--An 
     alien is not ineligible for a Z-A visa or a Z-A dependent 
     visa by reason of a ground of inadmissibility under section 
     212(a)(4) if the alien demonstrates a history of employment 
     in the United States evidencing self-support without reliance 
     on public cash assistance.
       ``(d) Application.--
       ``(1) In general.--An alien seeking a Z-A visa shall submit 
     an application to the Secretary for such a visa, including 
     information regarding any Z-A dependent visa for the spouse 
     of child of the alien.
       ``(2) Submission.--Applications for a Z-A visa under may be 
     submitted--
       ``(A) to the Secretary if the applicant is represented by 
     an attorney or a nonprofit religious, charitable, social 
     service, or similar organization recognized by the Board of 
     Immigration Appeals under section 292.2 of title 8, Code of 
     Federal Regulations (or similar successor regulations); or
       ``(B) to a qualified designated entity if the applicant 
     consents to the forwarding of the application to the 
     Secretary.
       ``(3) Proof of eligibility.--
       ``(A) In general.--An alien may establish that the alien 
     meets the requirement for a Z-A visa through government 
     employment records or records supplied by employers or 
     collective bargaining organizations, and other reliable 
     documentation as the alien may provide. The Secretary shall 
     establish special procedures to properly credit work in cases 
     in which an alien was employed under an assumed name.
       ``(B) Documentation of work history.--
       ``(i) Burden of proof.--An alien applying for a Z-A visa or 
     applying for adjustment of status described in subsection (J) 
     has the burden of proving by a preponderance of the evidence 
     that the alien has performed the requisite number of hours or 
     days of agricultural employment required for such application 
     or adjustment of status, as applicable.
       ``(ii) Timely production of records.--If an employer or 
     farm labor contractor employing such an alien has kept proper 
     and adequate records respecting such employment, the alien's 
     burden of proof under clause (i) may be met by securing 
     timely production of such records under regulations to be 
     promulgated by the Secretary.
       ``(iii) Sufficient evidence.--An alien may meet the burden 
     of proof under clause (i) to establish that the alien has 
     performed the requisite number of hours or days of 
     agricultural employment by producing sufficient evidence to 
     show the extent of that employment as a matter of just and 
     reasonable inference.
       ``(4) Applications submitted to qualified designated 
     entities.--
       ``(A) Requirements.--Each qualified designated entity shall 
     agree--
       ``(i) to forward to the Secretary an application submitted 
     to that entity pursuant to paragraph (2)(B) if the alien for 
     whom the application is being submitted has consented to such 
     forwarding;
       ``(ii) not to forward to the Secretary any such application 
     if such an alien has not consented to such forwarding; and
       ``(iii) to assist an alien in obtaining documentation of 
     the alien's work history, if the alien requests such 
     assistance.
       ``(B) No authority to make determinations.--No qualified 
     designated entity may make a determination required by this 
     section to be made by the Secretary.
       ``(5) Application fees.--
       ``(A) Fee schedule.--The Secretary shall provide for a 
     schedule of fees that--
       ``(i) shall be charged for applying for a Z-A visa under 
     this section or for an adjustment of status described in 
     subsection (j); and
       ``(ii) may be charged by qualified designated entities to 
     help defray the costs of services provided to such aliens 
     making such an application.
       ``(B) Prohibition on excess fees by qualified designated 
     entities.--A qualified designated entity may not charge any 
     fee in excess of, or in addition to, the fees authorized 
     under subparagraph (A)(ii) for services provided to 
     applicants.
       ``(6) Limitation on access to information.--Files and 
     records collected or compiled by a qualified designated 
     entity for the purposes of this section are confidential and 
     the Secretary shall not have access to such a file or record 
     relating to an alien without the consent of the alien, except 
     as allowed by a court order issued pursuant to [ ].
       ``(7) Treatment of applicants.--
       ``(A) In general.--An alien who files an application under 
     this section to receive a Z-A visa and any spouse or child of 
     the alien seeking a Z-A dependant visa, on the date described 
     in subparagraph (B)--
       ``(i) shall be granted probationary benefits in the form of 
     employment authorization pending final adjudication of the 
     alien's application;
       ``(ii) may in the Secretary's discretion receive advance 
     permission to re-enter the United States pursuant to existing 
     regulations governing advance parole;
       ``(iii) may not be detained for immigration purposes, 
     determined inadmissible or deportable, or removed pending 
     final adjudication of the alien's application, unless the 
     alien is determined to be ineligible for Z-A visa; and ``(iv) 
     may not be considered an unauthorized alien (as defined in 
     section 274A) until the date on which [the alien's 
     application for a Z-A visa] is denied.
       ``(B) Timing of probationary benefits.--
       ``(i) In general.--Subject to clause (ii), an alien who 
     submits an application for a Z-A visa under subsection (d), 
     including any evidence required under such subsection, and 
     any spouse or child of the alien seeking a Z-A dependent visa 
     shall receive the probationary benefits described in clauses 
     (i) through (iv) of subparagraph (A) at the earlier of--
       ``(I) the date and time that the alien has passed all 
     appropriate background checks, including name and fingerprint 
     checks; or
       ``(II) the end of the next business day after the date that 
     the Secretary receives the alien's application for Z-A visa.

[[Page S7239]]

       ``(ii) Exception.--If the Secretary determines that the 
     alien fails the background checks referred to in clause 
     (i)(I), the alien may not be granted probationary benefits 
     described in clauses (i) through (iv) of subparagraph (A).
       ``(C) Probationary authorization document.--The Secretary 
     shall provide each alien granted probationary benefits 
     described in clauses (i) through (iv) of subparagraph (A) 
     with a counterfeit-resistant document that reflects the 
     benefits and status set forth in subparagraph (A). The 
     Secretary may by regulation establish procedures for the 
     issuance of documentary evidence of probationary benefits 
     and, except as provided herein, the conditions under which 
     such documentary evidence expires, terminates, or is renewed.
       ``(D) Construction.--Nothing in this section may be 
     construed to limit the Secretary's authority to conduct any 
     appropriate background and security checks subsequent to 
     issuance of evidence of probationary benefits under this 
     paragraph.
       ``(8) Temporary stay of removal and work authorization for 
     certain applicants.--
       ``(A) Before application period.--Beginning on the date of 
     enactment of the AgJOBS Act of 2007, the Secretary shall 
     provide that, in the case of an alien who is apprehended 
     prior to the first date of the application period 
     described in subsection (c)(l)(B) and who can establish a 
     nonfrivolous case of eligibility for a Z-A visa (but for 
     the fact that the alien may not apply for such status 
     until the beginning of such period), the alien--
       ``(i) may not be removed; and
       ``(ii) shall be granted authorization to engage in 
     employment in the United States and be provided an employment 
     authorized endorsement or other appropriate work permit for 
     such purpose.
       ``(B) During application period.--The Secretary shall 
     provide that, in the case of an alien who presents a 
     nonfrivolous application for Z-A visa during the application 
     period described in subsection (c)(l)(B), including an alien 
     who files such an application within 30 days of the alien's 
     apprehension, and until a final determination on the 
     application has been made in accordance with this section, 
     the alien--
       ``(i) may not be removed; and
       ``(ii) shall be granted authorization to engage in 
     employment in the United States and be provided an employment 
     authorized endorsement or other appropriate work permit for 
     such purpose.
       ``(e) Numerical Limitations.--
       ``(1) Z-A visa.--The Secretary may not issue more than 
     1,500,000 Z-A visas.
       ``(2) Z-A Dependent visa.--The Secretary may not count any 
     Z-A dependent visa issued against the numerical limitation 
     described in paragraph (1).
       ``(f) Evidence of Nonimmigrant Status.--
       ``(1) In general.--Documentary evidence of nonimmigrant 
     status shall be issued to each alien granted a Z-A visa or a 
     Z-A dependent visa.
       ``(2) Features of documentation.--Documentary evidence of a 
     Z-A visa or a Z-A dependent visa--
       ``(A) shall be machine-readable, tamper-resistant, and 
     shall contain a digitized photograph and other biometric 
     identifiers that can be authenticated;
       ``(B) shall be designed in consultation with U.S. 
     Immigration and Customs Enforcement's Forensic Document 
     Laboratory;
       ``(C) shall serve as a valid travel and entry document for 
     an alien granted a Z-A visa or a Z-A dependent visa for the 
     purpose of applying for admission to the United States where 
     the alien is applying for admission at a port of entry;
       ``(D) may be accepted during the period of its validity by 
     an employer as evidence of employment authorization and 
     identity under section 274A; and
       ``(E) shall be issued to the alien granted the visa by the 
     Secretary promptly after final adjudication of such alien's 
     application for the visa, except that an alien may not be 
     granted a Z-A visa or a Z-A dependent visa until all 
     appropriate background checks on each alien are completed to 
     the satisfaction of the Secretary.
       ``(g) Fine.--An alien granted a Z-A visa shall pay a fine 
     of $100 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);

[[Page S7240]]

       ``(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)(l)(A) unless the alien was unable to work in agricultural 
     employment due to the extraordinary circumstances described 
     in subsection (j)(l)(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 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 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 work days during 3 years of 
     those 4 years and at least 100 work days during the remaining 
     year, during the 4-year period beginning on such date of 
     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 
     $400; or
       ``(2) Spouses and minor children.--Notwithstanding any 
     other provision of law, the Secretary shall confer the status 
     of lawful permanent resident on the spouse and minor child of 
     an alien granted any adjustment of status under paragraph 
     (1), including any individual who was a minor child on the 
     date such alien was granted a Z-A visa, if the spouse or 
     minor child applies for such status, or if the principal 
     alien includes the spouse or minor child in an application 
     for adjustment of status to that of a lawful permanent 
     resident.
       ``(3) Grounds for denial of adjustment of status.--The 
     Secretary may deny an alien granted a Z-A visa or a Z-A 
     dependent visa an adjustment of status under this Act and 
     provide for termination of such visa if--
       ``(A) the Secretary finds by a preponderance of the 
     evidence that grant of the 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 under section 212, except as provided under 
     subsection (c)(4);
       ``(ii) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       ``(iii) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.
       ``(4) Grounds for removal.--Any alien granted Z-A visa 
     status who does not apply for adjustment of status or renewal 
     of Z status under section 601 (k)(2) prior to the expiration 
     of the application period described in subsection (c)(l)(B) 
     or who fails to meet the other requirements of paragraph (1) 
     by the end of the application period, is deportable and may 
     be removed under section 240.
       ``(5) Payment of taxes.--
       ``(A) In general.--Not later than the date on which an 
     alien's status is adjusted as described in this subsection, 
     the alien shall establish that the alien does not owe any 
     applicable Federal tax liability by establishing that--
       ``(i) no such tax liability exists;
       ``(ii) all such outstanding tax liabilities have been paid; 
     or
       ``(iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.
       ``(B) Applicable Federal tax liability.--In this paragraph, 
     the term `applicable Federal tax liability' means liability 
     for Federal taxes, including penalties and interest, owed for 
     any year during the period of employment required under 
     paragraph (l)(A) for which the statutory period for 
     assessment of any deficiency for such taxes has not expired.
       ``(C) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all taxes required 
     by this subsection.
       ``(6) English language.--
       ``(A) In general.--Not later than the date on which a Z-A 
     nonimmigrant's status is adjusted or renewed under section 
     601 (k)(2), a Z-A nonimmigrant who is 18 years of age or 
     older must pass the naturalization test described in sections 
     312(a)(I) and (2).
       ``(B) Exception.--The requirement of subparagraph (A) shall 
     not apply to any person who, on the date of the filing of the 
     person's application for an extension of Z-A nonimmigrant 
     status--(i) is unable because of physical or developmental 
     disability or mental impairment to comply therewith;
       (ii) is over fifty years of age and has been living in the 
     United States for periods totaling at least twenty years, or
       (iii) is over fifty-five years of age and has been living 
     in the United States for periods totaling at least fifteen 
     years.
       ``(7) Priority of applications.--
       ``(A) Back of line.--An alien may not adjust status to that 
     of a lawful permanent resident under this subsection until 30 
     days after the date on which an immigrant visa becomes 
     available for approved petitions filed under sections 201, 
     202, and 203 of the Act that were filed before May 1, 2005 
     (referred to in this paragraph as the `processing date').
       ``(B) Other applicants.--The processing of applications for 
     an adjustment of status under this subsection shall be 
     processed not later than 1 year after the processing date.
       ``(C) Consular application.--
       (i) In general.--A Z-A nonimmigrant's application for 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence must be filed in person with a United 
     States consulate abroad.
       (ii) Place of application.--Unless otherwise directed by 
     the Secretary of State, a Z-A nonimmigrant applying for 
     adjustment of status under this paragraph shall make an 
     application at a consular office in the alien's country of 
     origin. The Secretary of State shall direct a consular office 
     in a country that is not a Z-A nonimmigrant's country of 
     origin to accept an application for adjustment of status from 
     such an alien, where the Z-A nonimmigrant's country of origin 
     is not contiguous to the United States, and as consular 
     resources make possible.
       ``(k) Confidentiality of Information.--Applicants for Z-A 
     nonimmigrant status under this subtitle shall be afforded 
     confidentiality as provided under section 604.
       ``(1) Penalties for False Statements in Applications.--
       ``(1) Criminal penalty.--Any person who--
       ``(A) applies for a Z-A visa or a Z-A dependent visa under 
     this section or an adjustment of status described in 
     subsection (j) and knowingly and willfully falsifies, 
     conceals, or covers up a material fact or makes any false, 
     fictitious, or fraudulent statements or representations, or 
     makes or uses any false writing or document knowing the same 
     to contain any false, fictitious, or fraudulent statement or 
     entry; or
       ``(B) creates or supplies a false writing or document for 
     use in making such an application,

     shall be fined in accordance with title 18, United States 
     Code, imprisoned not more than 5 years, or both.
       ``(2) Inadmissibility.--An alien who is convicted of a 
     crime under paragraph (1) shall be considered to be 
     inadmissible to the United States on the ground described in 
     section 212(a)(6)(C)(i).
       ``(m) Eligibility for Legal Services.--Section 504(a)(11) 
     of Public Law 104-134 (110 Stat. 1321-53 et seq.) shall not 
     be construed to prevent a recipient of funds under the Legal 
     Services Corporation Act (42 U.S.C. 2996 et seq.) from 
     providing legal assistance directly related to an application 
     for a Z-A visa under subsection (b) or an adjustment of 
     status under subsection (j).
       ``(n) Administrative and Judicial Review.--Administrative 
     or judicial review of a determination on an application for a 
     Z-A visa shall be such as is provided under section 603.
       ``(o) Public Outreach.--Beginning not later than the first 
     day of the application period described in subsection 
     (c)(1)(B), the Secretary shall cooperate with qualified 
     designated entities to broadly disseminate information 
     regarding the availability of Z-A visas, the benefits of such 
     visas, and the requirements to apply for and be granted such 
     a visa.''.

[[Page S7241]]

       (c) Numerical Limitations.--
       (1) Worldwide level of immigration.--Section 201(b)(1) of 
     the Immigration and Nationality Act (8 U.S.C. 1151(b)(1)), as 
     amended by [ ], is further amended--
       (A) in subparagraph (A), by striking ``subparagraph (A) or 
     (B)'' and inserting ``subparagraph (A), (B), or (N)''; and
       (B) by adding at the end, the following new subparagraph:
       ``(N) Aliens issued a Z-A visa or a Z-A dependent visa (as 
     those terms are defined in section 214A) who receive an 
     adjustment of status to that of an alien lawfully admitted 
     for permanent residence.''.
       (2) Numerical limitations on individual foreign states.--
     Section 202(a) of the Immigration and Nationality Act (8 
     U.S.C. 1152) is amended by adding at the end the following 
     new paragraph:
       ``(6) Special rule for Z-A nonimmigrants.--An immigrant 
     visa may be made available to an alien issued a Z-A visa or a 
     Z-A dependent visa (as those terms are defined in section 
     214A) without regard to the numerical limitations of this 
     section.''.
       (d) Clerical Amendment.--The table of contents of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) is 
     amended by inserting after the item relating to section 214 
     the following:

``Sec. 214A. Admission of agricultural worker.''.

     SEC. 623. AGRICULTURAL WORKER IMMIGRATION STATUS ADJUSTMENT 
                   ACCOUNT.

       Section 286 of the Immigration and Nationality Act (8 
     U.S.C. 1356) is amended by adding at the end the following 
     new subsection:
       ``(y) Agricultural Worker Immigration Status Adjustment 
     Account.--
       ``(1) Establishment.--There is established in the general 
     fund of the Treasury a separate account, which shall be known 
     as the `Agricultural Worker Immigration Status Adjustment 
     Account'. Notwithstanding any other provision of law, there 
     shall be deposited as offsetting receipts into the account 
     all fees collected under section 214A.
       ``(2) Use of fees.--The fees deposited into the 
     Agricultural Worker Immigration Status Adjustment Account 
     shall be used by the Secretary of Homeland Security for 
     processing applications made by aliens seeking nonimmigrant 
     status under section 101(a)(15)(Z-A) or for processing 
     applications made by such an alien who is seeking an 
     adjustment of status
       ``(3) Availability of funds.--All amounts deposited in the 
     Agricultural Worker Immigration Status Adjustment Account 
     under this subsection shall remain available until 
     expended.''.

     SEC. 624. REGULATIONS, EFFECTIVE DATE, AUTHORIZATION OF 
                   APPROPRIATIONS.

       (a) Regulations.--The Secretary shall issue regulations to 
     carry out the amendments made by this subtitle not later than 
     the first day of the seventh month that begins after the date 
     of enactment of this Act.
       (b) Effective Date.--This subtitle shall take effect on the 
     date that regulations required by subsection (a) are issued, 
     regardless of whether such regulations are issued on an 
     interim basis or on any other basis.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to implement this subtitle, including any sums 
     needed for costs associated with the initiation of such 
     implementation.

             PART II--CORRECTION OF SOCIAL SECURITY RECORDS

     SEC. 625. CORRECTION OF SOCIAL SECURITY RECORDS.

       (a) In General.--Section 208(e)(1) of the Social Security 
     Act (42 U.S.C. 408(e)(1)) is amended--
       (1) in subparagraph (B)(ii), by striking ``or'' at the end;
       (2) in subparagraph (C), by inserting ``or'' at the end;
       (3) by inserting after subparagraph (C) the following:
       ``(D) who is granted nonimmigrant status pursuant to 
     section 101(a)(15)(Z-A) of the Immigration and Nationality 
     Act,''; and
       (4) by striking ``1990.'' and inserting ``1990, or in the 
     case of an alien described in subparagraph (D), if such 
     conduct is alleged to have occurred before the date on which 
     the alien was granted such nonimmigrant status.''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the first day of the seventh month that 
     begins after the date of the enactment of this Act.
                                 ______
                                 
  SA 1441. Mr. GRASSLEY (for himself, Mr. Baucus, and Mr. Obama) 
submitted an amendment intended to be proposed by him to the bill S. 
1348, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       Strike title III and insert the following:

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

     SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

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

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

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

       ``(I) a United States passport, or passport card issued 
     pursuant to the Secretary of State's authority under the 
     first section of the Act of July 3, 1926 (44 Stat. 887, 
     Chapter 772; 22 U.S.C. 211a); or
       ``(II) a driver's license or identity card issued by a 
     State, the Commonwealth of the Northern Mariana Islands, or 
     an outlying possession of the United States that--

       ``(aa) contains a photograph of the individual and other 
     identifying information, including the individual's name, 
     date of birth, gender, and address; and

[[Page S7242]]

       ``(bb) contains security features to make the license or 
     card resistant to tampering, counterfeiting, and fraudulent 
     use;
       ``(ii) in the case of an alien lawfully admitted for 
     permanent residence in the United States, a permanent 
     resident card, as specified by the Secretary that meets the 
     requirements of items (aa) and (bb) of clause (i)(II);
       ``(iii) in the case of an alien who is authorized to be 
     employed in the United States, an employment authorization 
     card, as specified by the Secretary that meets the 
     requirements of such items (aa) and (bb); or
       ``(iv) in the case of an individual who is unable to obtain 
     a document described in clause (i), (ii), or (iii), a 
     document designated by the Secretary that meets the 
     requirements of such items (aa) and (bb).
       ``(C) Authority to prohibit use of certain documents.--
       ``(i) Authority.--If the Secretary finds that a document or 
     class of documents described in subparagraph (B) is not 
     reliable to establish identity or is being used fraudulently 
     to an unacceptable degree, the Secretary shall prohibit, or 
     impose conditions, on the use of such document or class of 
     documents for purposes of this subsection.
       ``(ii) Requirement for publication.--The Secretary shall 
     publish notice of any findings under clause (i) in the 
     Federal Register.
       ``(2) Attestation of employee.--
       ``(A) Requirements.--
       ``(i) In general.--The individual shall attest, under 
     penalty of perjury on the form described in paragraph 
     (1)(A)(i), that the individual is a national of the United 
     States, an alien lawfully admitted for permanent residence, 
     or an alien who is authorized to be hired, or to be recruited 
     or referred for a fee, in the United States.
       ``(ii) Signature for examination.--An attestation required 
     by clause (i) may be manifested by a handwritten or 
     electronic signature.
       ``(B) Penalties.--An individual who falsely represents that 
     the individual is eligible for employment in the United 
     States in an attestation required by subparagraph (A) shall, 
     for each such violation, be subject to a fine of not more 
     than $5,000, a term of imprisonment not to exceed 3 years, or 
     both.
       ``(3) Retention of attestation.--The employer shall retain 
     a paper, microfiche, microfilm, or electronic version of the 
     attestations made under paragraphs (1) and (2) and make such 
     attestations available for inspection by an officer of the 
     Department of Homeland Security, any other person designated 
     by the Secretary, the Special Counsel for Immigration-Related 
     Unfair Employment Practices of the Department of Justice, or 
     the Secretary of Labor during a period beginning on the date 
     of the hiring, or recruiting or referring for a fee, of the 
     individual and ending--
       ``(A) in the case of the recruiting or referral for a fee 
     (without hiring) of an individual, 5 years after the date of 
     the recruiting or referral; or
       ``(B) in the case of the hiring of an individual the later 
     of--
       ``(i) 5 years after the date of such hiring;
       ``(ii) 1 year after the date the individual's employment is 
     terminated; or
       ``(iii) in the case of an employer or class of employers, a 
     period that is less than the applicable period described in 
     clause (i) or (ii) if the Secretary reduces such period for 
     such employer or class of employers.
       ``(4) Document retention and recordkeeping requirements.--
       ``(A) Retention of documents.--Notwithstanding any other 
     provision of law, an employer shall retain, for the 
     applicable period described in paragraph (3), the following 
     documents:
       ``(i) In general.--The employer shall copy all documents 
     presented by an individual described in paragraph (1)(B) and 
     shall retain paper, microfiche, microfilm, or electronic 
     copies of such documents. Such copies shall be designated as 
     copied documents.
       ``(ii) Other documents.--The employer shall maintain 
     records of any action taken and copies of any correspondence 
     written or received with respect to the verification of an 
     individual's identity or eligibility for employment in the 
     United States.
       ``(B) Use of retained documents.--An employer shall use 
     copies retained under clause (i) or (ii) of subparagraph (A) 
     only for the purposes of complying with the requirements of 
     this subsection, except as otherwise permitted under law.
       ``(5) Penalties.--An employer that fails to comply with the 
     recordkeeping requirements of this subsection shall be 
     subject to the penalties described in subsection (e)(4)(B).
       ``(6) No authorization of national identification cards.--
     Nothing in this section may be construed to authorize, 
     directly or indirectly, the issuance, use, or establishment 
     of a national identification card.
       ``(d) Electronic Employment Verification System.--
       ``(1) Requirement for system.--The Secretary, in 
     cooperation with the Commissioner of Social Security, shall 
     implement an Electronic Employment Verification System 
     (referred to in this subsection as the `System') to determine 
     whether--
       ``(A) the identifying information submitted by an 
     individual is consistent with the information maintained by 
     the Secretary, the Secretary of State, the Commissioner of 
     Social Security, or the official of a State responsible for 
     issuing drivers' licenses and identity cards; and
       ``(B) such individual is eligible for employment in the 
     United States.
       ``(2) Requirement for participation.--
       ``(A) New employees.--The Secretary shall require all 
     employers in the United States to participate in the System, 
     with respect to all employees hired by the employer on or 
     after the date that is not later than 18 months after the 
     date of enactment of this section.
       ``(B) Other employees.--Not later than 3 years after such 
     date of enactment, the Secretary shall require all employers 
     to verify through the System the identity and employment 
     eligibility of any individual who--
       ``(i) the Secretary has reason to believe is unlawfully 
     employed based on the information received under section 
     6103(l)(21) of the Internal Revenue Code of 1986; and
       ``(ii) has not been previously verified through the System.
       ``(3) Other participation in system.--Notwithstanding 
     paragraph (2), the Secretary has the authority--
       ``(A) to permit any employer that is not required to 
     participate in the System under paragraph (2) to participate 
     in the System on a voluntary basis; and
       ``(B) to require any employer or class of employers to 
     participate on a priority basis in the System with respect to 
     individuals employed as of, or hired after, the date of 
     enactment of this section--
       ``(i) if the Secretary designates such employer or class of 
     employers as a critical employer based on an assessment of 
     homeland security or national security needs; or
       ``(ii) if the Secretary has reasonable cause to believe 
     that the employer has engaged in material violations of 
     paragraph (1), (2), or (3) of subsection (a).
       ``(4) Requirement to notify.--The Secretary shall notify 
     the employer or class of employers in writing regarding the 
     requirement for participation in the System under paragraph 
     (2) or (3)(B) not less than 60 days prior to the effective 
     date of such requirement. Such notice shall include the 
     training materials described in paragraph (8)(E)(iv).
       ``(5) Registration of employers.--An employer shall 
     register the employer's participation in the System in the 
     manner prescribed by the Secretary prior to the date the 
     employer is required or permitted to submit information with 
     respect to an employee under this subsection.
       ``(6) Additional guidance.--A registered employer shall be 
     permitted to utilize any technology that is consistent with 
     this section and with any regulation or guidance from the 
     Secretary to streamline the procedures to facilitate 
     compliance with--
       ``(A) the attestation requirement in subsection (c); and
       ``(B) the employment eligibility verification requirements 
     in this subsection.
       ``(7) Consequence of failure to participate.--If an 
     employer is required to participate in the System and fails 
     to comply with the requirements of the System with respect to 
     an employee--
       ``(A) such failure shall be treated as a violation of 
     subsection (a)(1)(B); and
       ``(B) a rebuttable presumption is created that the employer 
     has violated subsection (a)(1)(A), however, such presumption 
     may not apply to a prosecution under subsection (f)(1).
       ``(8) Design and operation of system.--
       ``(A) In general.--The Secretary shall, through the 
     System--
       ``(i) respond to each inquiry made by a registered employer 
     through the Internet or other electronic media, or over a 
     toll-free telephone line regarding an individual's identity 
     and eligibility for employment in the United States; and
       ``(ii) maintain a record of each such inquiry and the 
     information provided in response to such inquiry.
       ``(B) Initial inquiry.--
       ``(i) Information required.--A registered employer shall 
     with respect to hiring or recruiting or referring for a fee 
     any individual for employment in the United States, obtain 
     from the individual and record on the form described in 
     subsection (c)(1)(A)(i)--

       ``(I) the individual's name and date of birth;
       ``(II) the individual's social security account number;
       ``(III) the identification number contained on the document 
     presented by the individual pursuant to subsection (c)(1)(B); 
     and
       ``(IV) in the case of an individual who does not attest 
     that the individual is a national of the United States under 
     subsection (c)(1)(A)(i), such alien identification or 
     authorization number that the Secretary shall require.

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

       ``(I) no earlier than the date of hire and no later than 
     the first day of employment, or recruiting or referring for a 
     fee, of the individual (as the case may be); or
       ``(II) in the case of an employee hired before such 
     employer was required to participate in the system, at such 
     time as the Secretary shall specify.

       ``(C) Initial response.--Not later than 3 days after an 
     employer submits an inquiry to the System regarding an 
     individual, the Secretary shall provide, through the System, 
     to the employer--
       ``(i) if the System is able to confirm the individual's 
     identity and eligibility for employment in the United States, 
     a confirmation notice, including the appropriate codes on 
     such confirmation notice; or

[[Page S7243]]

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

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

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

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

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

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

       ``(iv) Training materials.--The Secretary shall make 
     available or provide to the employer, upon request, not later 
     than 60 days prior to such employer's participation in the 
     System, appropriate training materials to facilitate 
     compliance with this subsection, and sections 274B(a)(7) and 
     274C(a).
       ``(F) Responsibilities of the commissioner of social 
     security.--The responsibilities of the Commissioner of Social 
     Security with respect to the System are set out in section 
     205(c)(2) of the Social Security Act.
       ``(G) Responsibilities of the secretary of state.--The 
     Secretary of State shall establish a reliable, secure method 
     to provide through the System a confirmation of the issuance 
     of identity documents described in subsection (c)(1)(B)(i)(I) 
     and transmit to the Secretary the related photographic image 
     or other identifying information.
       ``(H) Responsibilities of a state.--The official 
     responsible for issuing drivers' licenses and identity cards 
     for a State shall establish a reliable, secure method to 
     provide through the System a confirmation of the issuance of 
     identity documents described in subsection (c)(1)(B)(i)(II) 
     and transmit to the Secretary the related photographic image 
     or other identifying information.
       ``(9) Protection from liability.--No employer that 
     participates in the System shall be liable under any law for 
     any employment-related action taken with respect to an 
     individual in good faith reliance on information provided by 
     the System.
       ``(10) Administrative review.--
       ``(A) In general.--An individual who is terminated from 
     employment as a result of a final nonconfirmation notice may, 
     not later than 30 days after the date of such termination, 
     file an appeal of such notice.
       ``(B) Procedures.--The Secretary and Commissioner of Social 
     Security shall develop procedures to review appeals filed 
     under subparagraph (A) and to make final determinations on 
     such appeals.
       ``(C) Review for errors.--If a final determination on an 
     appeal filed under subparagraph (A) results in a confirmation 
     of an individual's eligibility to work in the United States, 
     the administrative review process shall require the Secretary 
     to determine whether the final nonconfirmation notice issued 
     for the individual was the result of--
       ``(i) the decision rules, processes, or procedures utilized 
     by the System;
       ``(ii) a natural disaster, or other event beyond the 
     control of the government;
       ``(iii) acts or omissions of an employee or official 
     operating or responsible for the System;
       ``(iv) acts or omissions of the individual's employer;
       ``(v) acts or omissions of the individual; or
       ``(vi) any other reason.
       ``(D) Compensation for error.--
       ``(i) In general.--If the Secretary makes a determination 
     under subparagraph (C) that the final nonconfirmation notice 
     issued for an individual was caused by a negligent, reckless, 
     willful, or malicious act of the government, and was not due 
     to an act or omission of the individual, the Secretary shall 
     compensate the individual for lost wages.
       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work schedule that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost during the period beginning on the 
     date the individual files a notice of appeal under this 
     paragraph and ending on the earlier of--

       ``(I) the date which is 180 days thereafter; or
       ``(II) the day after the date the individual receives a 
     confirmation described in subparagraph (C).

       ``(11) Judicial review.--
       ``(A) In general.--After the Secretary makes a final 
     determination on an appeal filed by an individual under the 
     administrative review process described in paragraph (10), 
     the individual may obtain judicial review of such 
     determination by a civil action commenced not later than 30 
     days after the date of such decision, or such further time as 
     the Secretary may allow.
       ``(B) Jurisdiction.--A civil action for such judicial 
     review shall be brought in the district court of the United 
     States for the judicial district in which the plaintiff 
     resides, or has a principal place of business, or, if the 
     plaintiff does not reside or have a principal place of 
     business within any such judicial district, in the District 
     Court of the United States for the District of Columbia.
       ``(C) Answer.--As part of the Secretary's answer to a 
     complaint for such judicial review, the Secretary shall file 
     a certified copy of the administrative record compiled during 
     the administrative review under paragraph (10), including the 
     evidence upon which the findings and decision complained of 
     are based. The court shall have power to enter, upon the 
     pleadings and transcript of the record, a judgment affirming 
     or reversing the result of that administrative review, with 
     or without remanding the cause for a rehearing.
       ``(D) Compensation for error.--
       ``(i) In general.--In cases in which such judicial review 
     reverses the final determination of the Secretary made under 
     paragraph

[[Page S7244]]

     (10), the court shall compensate the individual for lost 
     wages.
       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work scheduled that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost during the period beginning on the 
     date the individual files a notice of appeal under paragraph 
     (10) and ending on the earlier of--

       ``(I) the date which is 180 days thereafter; or
       ``(II) the day after the date the individual receives a 
     reversal described in clause (i).

       ``(12) Compensation for loss of employment.--For purposes 
     of paragraphs (10) and (11)--
       ``(A) Limitation on compensation.--For purposes of 
     determining an individual's compensation for the loss of 
     employment, such compensation shall not include any period in 
     which the individual was not present in, or was ineligible 
     for employment in, the United States.
       ``(B) Source of funds.--Compensation or reimbursement 
     provided under such paragraphs shall be provided from funds 
     appropriated that are not otherwise obligated.
       ``(13) Limitation on collection and use of data.--
       ``(A) Limitation on collection of data.--
       ``(i) In general.--The Secretary shall collect and maintain 
     only the minimum data necessary to facilitate the successful 
     operation of the System, and in no case shall the data be 
     other than--

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

       ``(ii) Penalties.--Any officer, employee, or contractor who 
     willfully and knowingly collects and maintains data in the 
     System other than data described in clause (i) shall be 
     guilty of a misdemeanor and fined $1,000 for each violation.
       ``(B) Limitation on use of data.--Whoever willfully and 
     knowingly accesses, discloses, or uses any information 
     obtained or maintained by the System--
       ``(i) for the purpose of committing identity fraud, or 
     assisting another person in committing identity fraud, as 
     defined in section 1028 of title 18, United States Code;
       ``(ii) for the purpose of unlawfully obtaining employment 
     in the United States or unlawfully obtaining employment in 
     the United States for any other person; or
       ``(iii) for any purpose other than as provided for under 
     any provision of law;
     shall be guilty of a felony and upon conviction shall be 
     fined under title 18, United States Code, or imprisoned for 
     not more than 5 years, or both.
       ``(C) Exceptions.--Nothing in subparagraph (A) or (B) may 
     be construed to limit the collection, maintenance, or use of 
     data by the Commissioner of Internal Revenue or the 
     Commissioner of Social Security as provided by law.
       ``(14) Modification authority.--The Secretary, after notice 
     is submitted to Congress and provided to the public in the 
     Federal Register, is authorized to modify the requirements of 
     this subsection with respect to completion of forms, method 
     of storage, attestations, copying of documents, signatures, 
     methods of transmitting information, and other operational 
     and technical aspects to improve the efficiency, accuracy, 
     and security of the System. The Secretary shall minimize the 
     collection and storage of paper documents and maximize the 
     use of electronic records, including electronic signatures.
       ``(15) Annual gao study and report.--
       ``(A) Requirement.--The Comptroller General of the United 
     States shall conduct an annual study of the System.
       ``(B) Purpose.--The study shall evaluate the accuracy, 
     efficiency, integrity, and impact of the System.
       ``(C) Report.--Not later than the date that is 24 months 
     after the date of the enactment of this section, and annually 
     thereafter, the Comptroller General shall submit to Congress 
     a report containing the findings of the study carried out 
     under this paragraph. Each such report shall include, at a 
     minimum, the following:
       ``(i) An assessment of System performance with respect to 
     the rate at which individuals who are eligible for employment 
     in the United States are correctly approved within each of 
     the periods specified in paragraph (8), including a separate 
     assessment of such rate for nationals and aliens.
       ``(ii) An assessment of the privacy and security of the 
     System and its effects on identity fraud or the misuse of 
     personal data.
       ``(iii) An assessment of the effects of the System on the 
     employment of unauthorized aliens.
       ``(iv) An assessment of the effects of the System, 
     including the effects of tentative confirmations on unfair 
     immigration-related employment practices, and employment 
     discrimination based on national origin or citizenship 
     status.
       ``(v) An assessment of whether the Secretary and the 
     Commissioner of Social Security have adequate resources to 
     carry out the duties and responsibilities of this section.
       ``(e) Compliance.--
       ``(1) Complaints and investigations.--The Secretary shall 
     establish procedures--
       ``(A) for individuals and entities to file complaints 
     regarding potential violations of subsection (a);
       ``(B) for the investigation of such complaints that the 
     Secretary determines are appropriate to investigate; and
       ``(C) for the investigation of other violations of 
     subsection (a) that the Secretary determines is appropriate.
       ``(2) Authority in investigations.--
       ``(A) In general.--In conducting investigations and 
     hearings under this subsection, officers and employees of the 
     Department of Homeland Security--
       ``(i) shall have reasonable access to examine evidence 
     regarding any employer being investigated; and
       ``(ii) if designated by the Secretary, may compel by 
     subpoena the attendance of witnesses and the production of 
     evidence at any designated place in an investigation or case 
     under this subsection.
       ``(B) Failure to cooperate.--In case of refusal to obey a 
     subpoena lawfully issued under subparagraph (A)(ii), the 
     Secretary may request that the Attorney General apply in an 
     appropriate district court of the United States for an order 
     requiring compliance with such subpoena, and any failure to 
     obey such order may be punished by such court as contempt.
       ``(C) Department of labor.--The Secretary of Labor shall 
     have the investigative authority provided under section 11(a) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to 
     ensure compliance with the provisions of this section.
       ``(3) Compliance procedures.--
       ``(A) Prepenalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a violation of a 
     requirement of this section and determines that further 
     proceedings related to such violation are warranted, the 
     Secretary shall issue to the employer concerned a written 
     notice of the Secretary's intention to issue a claim for a 
     fine or other penalty. Such notice shall--
       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;
       ``(iii) specify the amount of fines or other penalties to 
     be imposed;
       ``(iv) disclose the material facts which establish the 
     alleged violation; and
       ``(v) inform such employer that the employer shall have a 
     reasonable opportunity to make representations as to why a 
     claim for a monetary or other penalty should not be imposed.
       ``(B) Remission or mitigation of penalties.--
       ``(i) Review by secretary.--If the Secretary determines 
     that such fine or other penalty was incurred erroneously, or 
     determines the existence of such mitigating circumstances as 
     to justify the remission or mitigation of such fine or 
     penalty, the Secretary may remit or mitigate such fine or 
     other penalty on the terms and conditions as the Secretary 
     determines are reasonable and just, or order termination of 
     any proceedings related to the notice. Such mitigating 
     circumstances may include good faith compliance and 
     participation in, or agreement to participate in, the System, 
     if not otherwise required.
       ``(ii) Applicability.--This subparagraph may not apply to 
     an employer that has or is engaged in a pattern or practice 
     of violations of paragraph (1), (2), or (3) of subsection (a) 
     or of any other requirements of this section.
       ``(C) Penalty claim.--After considering evidence and 
     representations offered by the employer, the Secretary shall 
     determine whether there was a violation and promptly issue a 
     written final determination setting forth the findings of 
     fact and conclusions of law on which the determination is 
     based and the appropriate penalty.
       ``(4) Civil penalties.--
       ``(A) Hiring or continuing to employ unauthorized aliens.--
     Any employer that violates any provision of paragraph (1), 
     (2), or (3) of subsection (a) shall pay civil penalties as 
     follows:
       ``(i) Pay a civil penalty of $5,000 for each unauthorized 
     alien with respect to each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     under this subparagraph, pay a civil penalty of $10,000 for 
     each unauthorized alien with respect to each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time under this subparagraph or has failed to comply with a 
     previously issued and final order related to any such 
     provision, pay a civil penalty of $25,000 for each 
     unauthorized alien with respect to each such violation.
       ``(iv) If the employer has previously been fined more than 
     2 times under this subparagraph or has failed to comply with 
     a previously issued and final order related to any such 
     provision, pay a civil penalty of $75,000 for each 
     unauthorized alien with respect to each such violation.
       ``(v) An employer who fails to comply with a written final 
     determination under paragraph (3)(C) shall be fined $75,000 
     for each violation, in addition to any fines or other 
     penalties imposed by such determination.
       ``(B) Recordkeeping or verification practices.--Any 
     employer that violates or fails to comply with the 
     recordkeeping requirements of subsections (a), (c), and (d), 
     shall pay a civil penalty as follows:

[[Page S7245]]

       ``(i) Pay a civil penalty of $1,000 for each such 
     violation.
       ``(ii) If the employer has previously been fined 1 time 
     under this subparagraph, pay a civil penalty of $2,000 for 
     each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time under this subparagraph, pay a civil penalty of $5,000 
     for each such violation.
       ``(iv) If the employer has previously been fined more than 
     2 times under this subparagraph, pay a civil penalty of 
     $15,000 for each such violation.
       ``(v) An employer who fails to comply with a written final 
     determination under paragraph (3) shall be fined $15,000 for 
     each violation, in addition to any fines or other penalties 
     imposed by such determination.
       ``(C) Other penalties.--Notwithstanding subparagraphs (A) 
     and (B), the Secretary may impose additional penalties for 
     violations, including violations of cease and desist orders, 
     specially designed compliance plans to prevent further 
     violations, suspended fines to take effect in the event of a 
     further violation, and in appropriate cases, the criminal 
     penalty described in subsection (f).
       ``(5) Judicial review.--An employer adversely affected by a 
     final determination may, within 30 days after the date the 
     final determination is issued, file a petition in any 
     appropriate district court of the United States. The filing 
     of a petition as provided in this paragraph shall stay the 
     Secretary's determination until entry of judgment by the 
     court. The burden shall be on the employer to show that the 
     final determination was not supported by substantial 
     evidence. The Secretary is authorized to require that the 
     petitioner provide, prior to filing for review, security for 
     payment of fines and penalties through bond or other 
     guarantee of payment acceptable to the Secretary.
       ``(6) Enforcement of orders.--If an employer fails to 
     comply with a final determination issued against that 
     employer under this subsection, and the final determination 
     is not subject to review as provided in paragraph (5), the 
     Attorney General may file suit to enforce compliance with the 
     final determination, not earlier than 31 days and not later 
     than 180 days after the date the final determination is 
     issued, in any appropriate district court of the United 
     States. In any such suit, the validity and appropriateness of 
     the final determination shall not be subject to review.
       ``(f) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Criminal penalty.--An employer that engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined not more than $75,000 for 
     each unauthorized alien with respect to whom such a violation 
     occurs, imprisoned for not more than 3 years for the entire 
     pattern or practice, or both.
       ``(2) Enjoining of pattern or practice violations.--If the 
     Secretary or the Attorney General has reasonable cause to 
     believe that an employer is engaged in a pattern or practice 
     of employment, recruitment, or referral in violation of 
     paragraph (1)(A) or (2) of subsection (a), the Attorney 
     General may bring a civil action in the appropriate district 
     court of the United States requesting a permanent or 
     temporary injunction, restraining order, or other order 
     against the employer, as the Secretary deems necessary.
       ``(g) Adjustment for Inflation.--All penalties in this 
     section shall be increased every 4 years beginning January 
     2011 to reflect the percentage increase in the consumer price 
     index for all urban consumers (all items; U.S. city average) 
     for the 48 month period ending with September of the year 
     preceding the year such adjustment is made. Any adjustment 
     under this subparagraph shall be rounded to the nearest 
     dollar.
       ``(h) Prohibition of Indemnity Bonds.--
       ``(1) Prohibition.--It is unlawful for an employer, in the 
     hiring, recruiting, or referral of an individual, to require 
     the individual to post a bond or security, to pay or agree to 
     pay an amount, or otherwise to provide a financial guarantee 
     or indemnity, against any potential liability arising under 
     this section relating to such hiring, recruiting, or referral 
     of the individual.
       ``(2) Civil penalty.--Any employer which is determined, 
     after notice and opportunity for mitigation of the monetary 
     penalty under subsection (e), to have violated paragraph (1) 
     of this subsection shall be subject to a civil penalty of 
     $10,000 for each violation and to an administrative order 
     requiring the return of any amounts received in violation of 
     such paragraph to the employee or, if the employee cannot be 
     located, to the Employer Compliance Fund established under 
     section 286(z).
       ``(i) Prohibition on Award of Government Contracts, Grants, 
     and Agreements.--
       ``(1) Employers with no contracts, grants, or agreements.--
       ``(A) In general.--If an employer who does not hold a 
     Federal contract, grant, or cooperative agreement is 
     determined by the Secretary to be a repeat violator of this 
     section or is convicted of a crime under this section, the 
     employer shall be subject to debarment from the receipt of a 
     Federal contract, grant, or cooperative agreement for a 
     period of not more than 2 years in accordance with the 
     procedures and standards prescribed by the Federal 
     Acquisition Regulations. The Secretary or the Attorney 
     General shall advise the Administrator of General Services of 
     such a debarment, and the Administrator of General Services 
     shall list the employer on the List of Parties Excluded from 
     Federal Procurement and Nonprocurement Programs for a period 
     of the debarment.
       ``(B) Waiver.--The Administrator of General Services, in 
     consultation with the Secretary and the Attorney General, may 
     waive operation of this subsection or may limit the duration 
     or scope of the debarment.
       ``(2) Employers with contracts, grants, or agreements.--
       ``(A) In general.--An employer who holds a Federal 
     contract, grant, or cooperative agreement and is determined 
     by the Secretary to be a repeat violator of this section or 
     is convicted of a crime under this section, shall be subject 
     to debarment from the receipt of new Federal contracts, 
     grants, or cooperative agreements for a period of not more 
     than 2 years in accordance with the procedures and standards 
     prescribed by the Federal Acquisition Regulations.
       ``(B) Notice to agencies.--Prior to debarring the employer 
     under subparagraph (A), the Secretary, in cooperation with 
     the Administrator of General Services, shall advise all 
     agencies or departments holding a contract, grant, or 
     cooperative agreement with the employer of the Government's 
     intention to debar the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of not more than 2 years.
       ``(C) Waiver.--After consideration of the views of all 
     agencies or departments that hold a contract, grant, or 
     cooperative agreement with the employer, the Secretary may, 
     in lieu of debarring the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of nor more than 2 years, waive operation of this 
     subsection, limit the duration or scope of the debarment, or 
     may refer to an appropriate lead agency the decision of 
     whether to debar the employer, for what duration, and under 
     what scope in accordance with the procedures and standards 
     prescribed by the Federal Acquisition Regulation. However, 
     any proposed debarment predicated on an administrative 
     determination of liability for civil penalty by the Secretary 
     or the Attorney General shall not be reviewable in any 
     debarment proceeding.
       ``(3) Suspension.--Indictments for violations of this 
     section or adequate evidence of actions that could form the 
     basis for debarment under this subsection shall be considered 
     a cause for suspension under the procedures and standards for 
     suspension prescribed by the Federal Acquisition Regulation.
       ``(4) Determination of repeat violators.--Inadvertent 
     violations of recordkeeping or verification requirements, in 
     the absence of any other violations of this section, shall 
     not be a basis for determining that an employer is a repeat 
     violator for purposes of this subsection.
       ``(j) Miscellaneous Provisions.--
       ``(1) Documentation.--In providing documentation or 
     endorsement of authorization of aliens eligible to be 
     employed in the United States, the Secretary shall provide 
     that any limitations with respect to the period or type of 
     employment or employer shall be conspicuously stated on the 
     documentation or endorsement (other than aliens lawfully 
     admitted for permanent residence).
       ``(2) Preemption.--The provisions of this section preempt 
     any State or local law--
       ``(A) imposing civil or criminal sanctions upon those who 
     hire, or recruit or refer for a fee, unauthorized aliens for 
     employment; or
       ``(B) requiring the use of the System for any unauthorized 
     purpose, or any authorized purpose prior to the time such use 
     is required or permitted by Federal law.
       ``(k) Deposit of Amounts Received.--Except as otherwise 
     specified, civil penalties collected under this section shall 
     be deposited by the Secretary into the Employer Compliance 
     Fund established under section 286(z).
       ``(l) Definitions.--In this section:
       ``(1) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(2) Unauthorized alien.--The term `unauthorized alien' 
     means, with respect to the employment of an alien at a 
     particular time, that the alien is not at that time either--
       ``(A) an alien lawfully admitted for permanent residence; 
     or
       ``(B) authorized to be so employed by this Act or by the 
     Secretary under any other provision of law.''.
       (b) Conforming Amendments.--
       (1) Amendments.--
       (A) Repeal of basic pilot.--Sections 401, 402, 403, 404, 
     and 405 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note) are repealed.
       (B) Repeal of reporting requirements.--
       (i) Report on earnings of aliens not authorized to work.--
     Subsection (c) of section 290 (8 U.S.C. 1360) is repealed.
       (ii) Report on fraudulent use of social security account 
     numbers.--Subsection (b) of section 414 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1360 note) is 
     repealed.
       (2) Construction.--Nothing in this subsection or in 
     subsection (d) of section 274A, as amended by subsection (a), 
     may be construed to limit the authority of the Secretary to 
     allow or continue to allow the participation of employers who 
     participated in the basic pilot program under sections 401, 
     402, 403, 404, and 405 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208;

[[Page S7246]]

     8 U.S.C. 1324a note) in the Electronic Employment 
     Verification System established pursuant to such subsection 
     (d).
       (c) Technical Amendments.--
       (1) Definition of unauthorized alien.--Sections 218(i)(1) 
     (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 
     274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) 
     (8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' 
     and inserting ``274A''.
       (2) Document requirements.--Section 274B (8 U.S.C. 1324b) 
     is amended--
       (A) in subsections (a)(6) and (g)(2)(B), by striking 
     ``274A(b)'' and inserting ``274A(c) and (d)''; and
       (B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)'' 
     and inserting ``274A(c)''.
       (d) Amendments to the Social Security Act.--
       (1) Section 205(c)(2) of the Social Security Act (42 U.S.C. 
     405(c)(2)) is amended by adding at the end the following new 
     subparagraphs:
       ``(I)(i) The Commissioner of Social Security shall, subject 
     to the provisions of section 301(f)(2) of the Secure Borders, 
     Economic Opportunity, and Immigration Reform Act of 2007, 
     establish a reliable, secure method to provide through the 
     Electronic Employment Verification System established 
     pursuant to subsection (d) of section 274A of the Immigration 
     and Nationality Act (referred to in this subparagraph as the 
     `System'), within the time periods required by paragraph (8) 
     of such subsection--
       ``(I) a determination of whether the name, date of birth, 
     and social security account number of an individual provided 
     in an inquiry made to the System by an employer is consistent 
     with such information maintained by the Commissioner;
       ``(II) a determination of the citizenship status associated 
     with such name and social security account number, according 
     to the records maintained by the Commissioner;
       ``(III) a determination of whether the name and number 
     belongs to an individual who is deceased, according to the 
     records maintained by the Commissioner;
       ``(IV) a determination of whether the name and number is 
     blocked in accordance with clause (ii); and
       ``(V) a confirmation notice or a nonconfirmation notice 
     described in such paragraph (8), in a manner that ensures 
     that other information maintained by the Commissioner is not 
     disclosed or released to employers through the System.
       ``(ii) The Commissioner of Social Security shall prevent 
     the fraudulent or other misuse of a social security account 
     number by establishing procedures under which an individual 
     who has been assigned a social security account number may 
     block the use of such number under the System and remove such 
     block.
       ``(J) In assigning social security account numbers to 
     aliens who are authorized to work in the United States under 
     section 218A of the Immigration and Nationality Act, the 
     Commissioner of Social Security shall--
       ``(i) to the maximum extent practicable, assign such 
     numbers by employing the enumeration procedure administered 
     jointly by the Commissioner, the Secretary of State, and the 
     Secretary of Homeland Security;
       ``(ii) in all cases, record, verify, and maintain an 
     electronic record of the alien identification or 
     authorization number issued by the Secretary and utilized by 
     the Commissioner in assigning such social security account 
     number; and
       ``(iii) upon the issuance of a social security account 
     number, transmit such number to the Secretary of Homeland 
     Security for inclusion in such alien's record maintained by 
     the Secretary.''.
       (2) Section 205(c)(2)(C)(i) of the Social Security Act (42 
     U.S.C. 405(c)(2)(C)(i)) is amended by adding at the end the 
     following: ``Any State that utilizes a social security 
     account number for such purpose shall enter into an agreement 
     with the Commissioner to allow the Commissioner to verify the 
     name, date of birth, and the identity number issued by the 
     official the State responsible for issuing drivers' licenses 
     and identity cards. Such agreement shall be under the same 
     terms and conditions as agreements entered into by the 
     Commissioner under paragraph 205(r)(8).''.
       (3) Section 205(r) of the Social Security Act (42 U.S.C. 
     405(r)) is amended by adding at the end the following new 
     paragraph:
       ``(9) Notwithstanding this section or any agreement entered 
     into thereunder, the Commissioner of Social Security is 
     authorized to disclose death information to the Secretary of 
     Homeland Security to the extent necessary to carry out the 
     responsibilities required under subsection (c)(2) and section 
     6103(l)(21) of the Internal Revenue Code of 1986.''.
       (e) Disclosure of Certain Taxpayer Identity Information.--
       (1) In general.--Section 6103(l) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(21) Disclosure of certain taxpayer identity information 
     by the social security administration to the department of 
     homeland security.--
       ``(A) In general.--Upon written request by the Secretary of 
     Homeland Security, the Commissioner of Social Security or the 
     Secretary shall disclose directly to officers, employees, and 
     contractors of the Department of Homeland Security the 
     following information:
       ``(i) Disclosure of employer no match notices.--The 
     taxpayer identity of each person who has filed an information 
     return required by reason of section 6051 or section 6041(a) 
     for tax year 2005 and subsequent tax years that end before 
     the date that is specified in subparagraph (F) which 
     contains--

       ``(I) 1 (or any greater number the Secretary shall request) 
     name and taxpayer identifying number of any employee (within 
     the meaning of section 6051) or any recipient (within the 
     meaning of section 6041(a)) that could not be matched to the 
     records maintained by the Commissioner of Social Security, or
       ``(II) 2 (or any greater number the Secretary shall 
     request) names of employees (within the meaning of such 
     section) or recipients (within the meaning of section 
     6041(a)) with the same taxpayer identifying number,

     and the taxpayer identity of each such employee or recipient.
       ``(ii) Disclosure of information regarding use of duplicate 
     taxpayer identifying information of employees.--The taxpayer 
     identity of each person who has filed an information return 
     required by reason of section 6051 or section 6041(a) for tax 
     year 2005 and subsequent tax years that end before the date 
     that is specified in subparagraph (F) which contains the 
     taxpayer identifying number (assigned under section 6109) of 
     an employee (within the meaning of section 6051) or a 
     recipient (within the meaning of section 6041(a))--

       ``(I) who is under the age of 14 (or any lesser age the 
     Secretary shall request), according to the records maintained 
     by the Commissioner of Social Security,
       ``(II) whose date of death, according to the records so 
     maintained, occurred in a calendar year preceding the 
     calendar year for which the information return was filed,
       ``(III) whose taxpayer identifying number is contained in 
     more than one (or any greater number the Secretary shall 
     request) information return filed in such calendar year, or
       ``(IV) who is not authorized to work in the United States, 
     according to the records maintained by the Commissioner of 
     Social Security,

     and the taxpayer identity of each such employee or recipient.
       ``(iii) Disclosure of information regarding 
     nonparticipating employers.--The taxpayer identity of each 
     person who has filed an information return required by reason 
     of section 6051 or section 6041(a) which the Commissioner of 
     Social Security or the Secretary, as the case may be, has 
     reason to believe, based on a comparison with information 
     submitted by the Secretary of Homeland Security, contains 
     evidence of such person's failure to register and participate 
     in the Electronic Employment Verification System authorized 
     under section 274A(d) of the Immigration and Nationality Act 
     (hereafter in this paragraph referred to as the `System').
       ``(iv) Disclosure of information regarding new employees of 
     nonparticipating employers.--The taxpayer identity of all 
     employees (within the meaning of section 6051) hired and 
     recipients (within the meaning of section 6041(a)) retained 
     after the date a person identified in clause (iii) is 
     required to participate in the System under section 
     274A(d)(2) or section 274A(d)(3)(B) of the Immigration and 
     Nationality Act.
       ``(v) Disclosure of information regarding employees of 
     certain designated employers.--The taxpayer identity of all 
     employees (within the meaning of section 6051) and recipients 
     (within the meaning of section 6041(a)) of each person who is 
     required to participate in the System under section 
     274A(d)(3)(B) of the Immigration and Nationality Act.
       ``(vi) Disclosure of new hire taxpayer identity 
     information.--The taxpayer identity of each person 
     participating in the System and the taxpayer identity of all 
     employees (within the meaning of section 6051) of such person 
     hired and all recipients (within the meaning of section 
     6041(a)) of such person retained during the period beginning 
     with the later of--

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

     ending with the date of the most recent request under this 
     clause.
       ``(B) Restriction on disclosure.--The taxpayer identities 
     disclosed under subparagraph (A) may be used by officers, 
     employees, and contractors of the Department of Homeland 
     Security only for purposes of, and to the extent necessary 
     in--
       ``(i) preventing identity fraud;
       ``(ii) preventing aliens from unlawfully obtaining 
     employment in the United States;
       ``(iii) establishing and enforcing employer participation 
     in the System;
       ``(iv) carrying out, including through civil administrative 
     and civil judicial proceedings, of sections 212, 217, 235, 
     237, 238, 274A, 274B, and 274C of the Immigration and 
     Nationality Act; and
       ``(v) the civil operation of the Alien Terrorist Removal 
     Court.
       ``(C) Reimbursement.--The Commissioner of Social Security 
     and the Secretary shall prescribe a reasonable fee schedule 
     based on the additional costs directly incurred for 
     furnishing taxpayer identities under this paragraph and 
     collect such fees in advance from the Secretary of Homeland 
     Security.
       ``(D) Information returns under section 6041.--For purposes 
     of this paragraph, any reference to information returns 
     required by reason of section 6041(a) shall only be a 
     reference to such information returns relating to payments 
     for labor.

[[Page S7247]]

       ``(E) Form of disclosure.--The taxpayer identities to be 
     disclosed under paragraph (A) shall be provided in a form 
     agreed upon by the Commissioner of Social Security, the 
     Secretary, and the Secretary of Homeland Security.
       ``(F) Termination.--This paragraph shall not apply to any 
     request made after the date which is 5 years after the date 
     of the enactment of this paragraph.''.
       (2) Compliance by dhs contractors with confidentiality 
     safeguards.--
       (A) In general.--Section 6103(p) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(9) Disclosure to dhs contractors.--Notwithstanding any 
     other provision of this section, no return or return 
     information shall be disclosed to any contractor of the 
     Department of Homeland Security unless such Department, to 
     the satisfaction of the Secretary--
       ``(A) has requirements in effect which require each such 
     contractor which would have access to returns or return 
     information to provide safeguards (within the meaning of 
     paragraph (4)) to protect the confidentiality of such returns 
     or return information,
       ``(B) agrees to conduct an on-site review every 3 years 
     (midpoint review in the case of contracts or agreements of 
     less than 3 years in duration) of each contractor to 
     determine compliance with such requirements,
       ``(C) submits the findings of the most recent review 
     conducted under subparagraph (B) to the Secretary as part of 
     the report required by paragraph (4)(E), and
       ``(D) certifies to the Secretary for the most recent annual 
     period that such contractor is in compliance with all such 
     requirements.
     The certification required by subparagraph (D) shall include 
     the name and address of each contractor, a description of the 
     contract or agreement with such contractor, and the duration 
     of such contract or agreement.''.
       (3) Conforming amendments.--
       (A) Section 6103(a)(3) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (B) Section 6103(p)(3)(A) of such Code is amended by adding 
     at the end the following new sentence: ``The Commissioner of 
     Social Security shall provide to the Secretary such 
     information as the Secretary may require in carrying out this 
     paragraph with respect to return information inspected or 
     disclosed under the authority of subsection (l)(21).''.
       (C) Section 6103(p)(4) of such Code is amended--
       (i) by striking ``or (17)'' both places it appears and 
     inserting ``(17), or (21)''; and
       (ii) by striking ``or (20)'' each place it appears and 
     inserting ``(20), or (21)''.
       (D) Section 6103(p)(8)(B) of such Code is amended by 
     inserting ``or paragraph (9)'' after ``subparagraph (A)''.
       (E) Section 7213(a)(2) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (f) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary such sums as are necessary to carry out the 
     amendments made by this section.
       (2) Limitation on verification responsibilities of 
     commissioner of social security.--The Commissioner of Social 
     Security is authorized to perform activities with respect to 
     carrying out the Commissioner's responsibilities in this 
     title or the amendments made by this title, but only to the 
     extent funds are appropriated, in advance, to cover the 
     Commissioner's full costs in carrying out such 
     responsibilities. In no case shall funds from the Federal 
     Old-Age and Survivors Insurance Trust Fund or the Federal 
     Disability Insurance Trust Fund be used to carry out such 
     responsibilities.
       (g) Effective Dates.--
       (1) In general.--The amendments made by subsections (a), 
     (b), (c), and (d) shall take effect on the date of the 
     enactment of this Act.
       (2) Subsection (e).--
       (A) In general.--The amendments made by subsection (e) 
     shall apply to disclosures made after the date of the 
     enactment of this Act.
       (B) Certifications.--The first certification under section 
     6103(p)(9)(D) of the Internal Revenue Code of 1986, as added 
     by subsection (e)(2), shall be made with respect to calendar 
     year 2008.

     SEC. 302. EMPLOYER COMPLIANCE FUND.

       Section 286 (8 U.S.C. 1356), as amended by sections 402(b) 
     and 623, is further amended by adding at the end the 
     following new subsection:
       ``(z) Employer Compliance Fund.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury, a separate account, which shall be known as 
     the `Employer Compliance Fund' (referred to in this 
     subsection as the `Fund').
       ``(2) Deposits.--There shall be deposited as offsetting 
     receipts into the Fund all civil monetary penalties collected 
     by the Secretary of Homeland Security under section 274A.
       ``(3) Purpose.--Amounts refunded to the Secretary from the 
     Fund shall be used for the purposes of enhancing and 
     enforcing employer compliance with section 274A.
       ``(4) Availability of funds.--Amounts deposited into the 
     Fund shall remain available until expended and shall be 
     refunded out of the Fund by the Secretary of the Treasury, at 
     least on a quarterly basis, to the Secretary of Homeland 
     Security.''.

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

       (a) Increase in Number of Personnel.--The Secretary shall, 
     subject to the availability of appropriations for such 
     purpose, annually increase, by not less than 2,200, the 
     number of personnel of the Bureau of Immigration and Customs 
     Enforcement during the 5-year period beginning on the date of 
     the enactment of this Act.
       (b) Use of Personnel.--The Secretary shall ensure that not 
     less than 25 percent of all the hours expended by personnel 
     of the Bureau of Immigration and Customs Enforcement shall be 
     used to enforce compliance with sections 274A and 274C of the 
     Immigration and Nationality Act (8 U.S.C. 1324a and 1324c).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for each of the fiscal 
     years 2008 through 2012 such sums as may be necessary to 
     carry out this section.

     SEC. 304. CLARIFICATION OF INELIGIBILITY FOR 
                   MISREPRESENTATION.

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

     SEC. 305. ANTIDISCRIMINATION PROTECTIONS.

       (a) Application of Prohibition of Discrimination to 
     Verification System.--Section 274B(a) (8 U.S.C. 1324b(a)) is 
     amended--
       (1) in paragraph (1)--
       (A) in the matter preceding subparagraph (A), by inserting 
     ``, the verification of the individual's work authorization 
     through the Electronic Employment Verification System 
     described in section 274A(d),'' after ``the individual for 
     employment''; and
       (B) in subparagraph (B), by striking ``in the case of a 
     protected individual (as defined in paragraph (3)),''; and
       (2) by striking paragraph (3) and inserting the following:
       ``(3) Antidiscrimination requirements of the electronic 
     employment verification system.--
       ``(A) In general.--It is an unfair immigration-related 
     employment practice for a person or other entity, in the 
     course of the electronic verification process described in 
     section 274A(d)--
       ``(i) to terminate or undertake any adverse employment 
     action due to a tentative nonconfirmation;
       ``(ii) to use the verification system for screening of an 
     applicant prior to an offer of employment;
       ``(iii) except as described in section 274A(d)(3)(B), to 
     use the verification system for a current employee after the 
     first day of employment, unless a waiver is provided by the 
     Secretary of Homeland Security for good cause, or for the 
     reverification of an employee after the employee has 
     satisfied the process described in section 274A(d); or
       ``(iv) to require an individual to make an inquiry under 
     the self-verification procedures established in section 
     274A(d)(8)(E)(iii).
       ``(B) Preemployment screening and background check.--
     Nothing in subparagraph (A) shall be construed to preclude a 
     preemployment screening or background check that is required 
     or permitted under any other provision of law.''.
       (b) Increase in Civil Money Penalties.--Section 274B(g)(2) 
     (8 U.S.C. 1324b(g)(2)) is amended in subparagraph (B)(iv)--
       (1) in subclause (I), by striking ``$250 and not more than 
     $2,000'' and inserting ``$1,000 and not more than $4,000'';
       (2) in subclause (II), by striking ``$2,000 and not more 
     than $5,000'' and inserting ``$4,000 and not more than 
     $10,000'';
       (3) in subclause (III), by striking ``$3,000 and not more 
     than $10,000'' and inserting ``$6,000 and not more than 
     $20,000''; and
       (4) in subclause (IV), by striking ``$100 and not more than 
     $1,000'' and inserting ``$500 and not more than $5,000''.
       (c) Increased Funding of Information Campaign.--Section 
     274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by inserting 
     ``and an additional $40,000,000 for each of fiscal years 2008 
     through 2010'' before the period at the end.
       (d) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to violations occurring on or after such 
     date.
                                 ______
                                 
  SA 1442. Mr. MENENDEZ (for himself, Mr. Durbin, and Mrs. Boxer) 
submitted an amendment intended to be proposed by him to the bill S. 
1348, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       Beginning on page 287, strike line 12 and all that follows 
     through line 35 on page 296, and insert the following:
       (6) Fees and penalties.--
       (A) Processing fees.--
       (i) An alien making an initial application for Z-1 
     nonimmigrant status shall be required to pay a processing fee 
     in an amount sufficient to recover the full cost of 
     adjudicating the application, but no more than $1,500 for a 
     Z-1 nonimmigrant.
       (ii) An alien applying for extension of the alien's Z-1 
     nonimmigrant status shall be required to pay a processing fee 
     in an amount sufficient to cover administrative and other 
     expenses associated with processing the extension 
     application, but no more than $1,000 for a Z-1 nonimmigrant.
       (B) Penalties.--

[[Page S7248]]

       (i) An alien making an initial application for Z-1 
     nonimmigrant status shall be required to pay, in addition to 
     the processing fee in subparagraph (A), a penalty of $1,000.
       (ii) An alien who is a Z-2 or Z-3 nonimmigrant and who has 
     not previously been a Z-1 nonimmigrant, and who changes 
     status to that of a Z-1 nonimmigrant, shall in addition to 
     processing fees be required to pay the initial application 
     penalties applicable to Z-1 nonimmigrants.
       (C) State impact assistance fee.--In addition to any other 
     amounts required to be paid under this subsection, a Z-1 
     nonimmigrant making an initial application for Z-1 
     nonimmigrant status shall be required to pay a State impact 
     assistance fee equal to $500.
       (D) Deposit and spending of fees.--The processing fees 
     under subparagraph (A) shall be deposited and remain 
     available until expended as provided by sections 286(m) and 
     (n).
       (E) Deposit, allocation, and spending of penalties.--
       (i) Deposit of penalties.--The penalty under subparagraph 
     (B) shall be deposited and remain available as provided by 
     section 286(w).
       (ii) Deposit of state impact assistance funds.--The funds 
     under subparagraph (C) shall be deposited and remain 
     available as provided by section 286(x).
       (7) Interview.--An applicant for Z nonimmigrant status must 
     appear to be interviewed.
       (8) Military selective service.--The alien shall establish 
     that if the alien is within the age period required under the 
     Military Selective Service Act (50 U.S.C. App. 451 et seq.) 
     that such alien has registered under that Act.
       (f) Application Procedures.--
       (1) In general.--The Secretary of Homeland Security shall 
     prescribe by notice in the Federal Register, in accordance 
     with the procedures described in section 610 of the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007 and the procedures for an alien in the United States to 
     apply for Z nonimmigrant status and the evidence required to 
     demonstrate eligibility for such status.
       (2) Initial receipt of applications.--The Secretary of 
     Homeland Security, or such other entities as are authorized 
     by the Secretary to accept applications under the procedures 
     established under this subsection, shall accept applications 
     from aliens for Z nonimmigrant status for a period of 1 year 
     starting the first day of the first month beginning no more 
     than 180 days after the date of enactment of this section. 
     If, during the 1-year initial period for the receipt of 
     applications for Z nonimmigrant status, the Secretary of 
     Homeland Security determines that additional time is required 
     to register applicants for Z nonimmigrant status, the 
     Secretary may in his discretion extend the period for 
     accepting applications by up to 12 months.
       (3) Biometric data.--Each alien applying for Z nonimmigrant 
     status must submit biometric data in accordance with 
     procedures established by the Secretary of Homeland Security.
       (g) Content of Application Filed by Alien.--
       (1) Application form.--The Secretary of Homeland Security 
     shall create an application form that an alien shall be 
     required to complete as a condition of obtaining Z 
     nonimmigrant status.
       (2) Application information.--The application form shall 
     request such information as the Secretary deems necessary and 
     appropriate, including but not limited to, information 
     concerning the alien's physical and mental health; complete 
     criminal history, including all arrests and dispositions; 
     gang membership, renunciation of gang affiliation; 
     immigration history; employment history; and claims to United 
     States citizenship.
       (3) Security and law enforcement background checks.--
       (A) Submission of fingerprints.--The Secretary may not 
     accord Z nonimmigrant status unless the alien submits 
     fingerprints and other biometric data in accordance with 
     procedures established by the Secretary.
       (B) Background checks.--The Secretary shall utilize 
     fingerprints and other biometric data provided by the alien 
     to conduct appropriate background checks of such alien to 
     search for criminal, national security, or other law 
     enforcement actions that would render the alien ineligible 
     for classification under this section.
       (h) Treatment of Applicants.--
       (1) In general.--An alien who files an application for Z 
     nonimmigrant status shall, upon submission of any evidence 
     required under subsections (f) and (g) and after the 
     Secretary has conducted appropriate background checks, to 
     include name and fingerprint checks, that have not by the end 
     of the next business day produced information rendering the 
     applicant ineligible--
       (A) be granted probationary benefits in the form of 
     employment authorization pending final adjudication of the 
     alien's application;
       (B) may in the Secretary's discretion receive advance 
     permission to re-enter the United States pursuant to existing 
     regulations governing advance parole;
       (C) may not be detained for immigration purposes, 
     determined inadmissible or deportable, or removed pending 
     final adjudication of the alien's application, unless the 
     alien is determined to be ineligible for Z nonimmigrant 
     status; and
       (D) may not be considered an unauthorized alien (as defined 
     in section 274A(h)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(3))) unless employment authorization under 
     subparagraph (A) is denied.
       (2) Timing of probationary benefits.--No probationary 
     benefits shall be issued to an alien until the alien has 
     passed all appropriate background checks or the end of the 
     next business day, whichever is sooner.
       (3) Construction.--Nothing in this section shall be 
     construed to limit the Secretary's authority to conduct any 
     appropriate background and security checks subsequent to 
     issuance of evidence of probationary benefits under paragraph 
     (4).
       (4) Probationary authorization document.--The Secretary 
     shall provide each alien described in paragraph (1) with a 
     counterfeit-resistant document that reflects the benefits and 
     status set forth in subsection (h)(1). The Secretary may by 
     regulation establish procedures for the issuance of 
     documentary evidence of probationary benefits and, except as 
     provided herein, the conditions under which such documentary 
     evidence expires, terminates, or is renewed. All documentary 
     evidence of probationary benefits shall expire no later than 
     6 months after the date on which the Secretary begins to 
     approve applications for Z nonimmigrant status.
       (5) Before application period.--If an alien is apprehended 
     between the date of enactment and the date on which the 
     period for initial registration closes under subsection 
     (f)(2), and the alien can establish prima facie eligibility 
     for Z nonimmigrant status, the Secretary shall provide the 
     alien with a reasonable opportunity to file an application 
     under this section after such regulations are promulgated.
       (6) During certain proceedings.--Notwithstanding any 
     provision of the Act, if the Secretary determines that an 
     alien who is in removal proceedings is prima facie eligible 
     for Z nonimmigrant status, then the Secretary shall 
     affirmatively communicate such determination to the 
     immigration judge. The immigration judge shall then terminate 
     or administratively close such proceedings and permit the 
     alien a reasonable opportunity to apply for such 
     classification.
       (i) Adjudication of Application Filed by Alien.--
       (1) In general.--The Secretary may approve the issuance of 
     documentation of status, as described in subsection (j), to 
     an applicant for a Z nonimmigrant visa who satisfies the 
     requirements of this section.
       (2) Evidence of continuous physical presence, employment, 
     or education.--
       (A) Presumptive documents.--A Z nonimmigrant or an 
     applicant for Z nonimmigrant status may presumptively 
     establish satisfaction of each required period of presence, 
     employment, or study by submitting records to the Secretary 
     that demonstrate such presence, employment, or study, and 
     that the Secretary verifies have been maintained by the 
     Social Security Administration, the Internal Revenue Service, 
     or any other Federal, State, or local government agency.
       (B) Verification.--Each Federal agency, and each State or 
     local government agency, as a condition of receipt of any 
     funds under section 286(x), shall within 90 days of enactment 
     ensure that procedures are in place under which such agency 
     shall--
       (i) consistent with all otherwise applicable laws, 
     including but not limited to laws governing privacy, provide 
     documentation to an alien upon request to satisfy the 
     documentary requirements of this paragraph; or
       (ii) notwithstanding any other provision of law, including 
     section 6103 of title 26, United States Code, provide 
     verification to the Secretary of documentation offered by an 
     alien as evidence of--

       (I) presence or employment required under this section; or
       (II) a requirement for any other benefit under the 
     immigration laws.

       (C) Other documents.--A Z nonimmigrant or an applicant for 
     Z nonimmigrant status who is unable to submit a document 
     described in subparagraph (i) may establish satisfaction of 
     each required period of presence, employment, or study by 
     submitting to the Secretary at least 2 other types of 
     reliable documents that provide evidence of employment, 
     including--
       (i) bank records;
       (ii) business records;
       (iii) employer records;
       (iv) records of a labor union or day labor center;
       (v) remittance records; and
       (vi) sworn affidavits from nonrelatives who have direct 
     knowledge of the alien's work, that contain--

       (I) the name, address, and telephone number of the affiant;
       (II) the nature and duration of the relationship between 
     the affiant and the alien; and
       (III) other verification or information.

       (D) Additional documents.--The Secretary may--
       (i) designate additional documents to evidence the required 
     period of presence, employment, or study; and
       (ii) set such terms and conditions on the use of affidavits 
     as is necessary to verify and confirm the identity of any 
     affiant or otherwise prevent fraudulent submissions.
       (3) Burden of proof.--An alien who is applying for a Z 
     nonimmigrant visa under this section shall prove, by a 
     preponderance of the evidence, that the alien has satisfied 
     the requirements of this section.

[[Page S7249]]

       (4) Denial of application.--
       (A) An alien who fails to satisfy the eligibility 
     requirements for a Z nonimmigrant visa shall have his 
     application denied and may not file additional applications.
       (B) An alien who fails to submit requested initial 
     evidence, including requested biometric data, and requested 
     additional evidence by the date required by the Secretary 
     shall, except where the alien demonstrates to the 
     satisfaction of the Secretary that such failure was 
     reasonably excusable or was not willful, have his application 
     considered abandoned. Such application shall be denied and 
     the alien may not file additional applications.
       (j) Evidence of Nonimmigrant Status.--
       (1) In general.--Documentary evidence of nonimmigrant 
     status shall be issued to each Z nonimmigrant.
       (2) Features of documentation.--Documentary evidence of Z 
     nonimmigrant status--
       (A) shall be machine-readable, tamper-resistant, and shall 
     contain a digitized photograph and other biometric 
     identifiers that can be authenticated;
       (B) shall be designed in consultation with United States 
     Immigration and Customs Enforcement's Forensic Document 
     Laboratory;
       (C) shall, during the alien's authorized period of 
     admission under subsection (k), serve as a valid travel and 
     entry document for the purpose of applying for admission to 
     the United States where the alien is applying for admission 
     at a Port of Entry;
       (D) may be accepted during the period of its validity by an 
     employer as evidence of employment authorization and identity 
     under section 274A(b)(1)(B); and
       (E) shall be issued to the Z nonimmigrant by the Secretary 
     of Homeland Security promptly after final adjudication of 
     such alien's application for Z nonimmigrant status, except 
     that an alien may not be granted permanent Z nonimmigrant 
     status until all appropriate background checks on the alien 
     are completed to the satisfaction of the Secretary of 
     Homeland Security.
       (k) Period of Authorized Admission.--
       (1) Initial period.--The initial period of authorized 
     admission as a Z nonimmigrant shall be 4 years.
       (2) Extensions.--
       (A) In general.--Z nonimmigrants may seek an indefinite 
     number of 4-year extensions of the initial period of 
     authorized admission.
       (B) Requirements.--In order to be eligible for an extension 
     of the initial or any subsequent period of authorized 
     admission under this paragraph, an alien must satisfy the 
     following requirements:
       (i) Eligibility.--The alien must demonstrate continuing 
     eligibility for Z nonimmigrant status.
       (ii) English language and civics.--

       (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 must demonstrate an 
     attempt to gain an understanding of the English language and 
     knowledge of United States civics by taking the 
     naturalization test described in sections 312(a)(1) and (2) 
     by demonstrating enrollment in or placement on a waiting list 
     for English classes.
       (II) Requirement at second renewal.--At or before the time 
     of application for the second extension of Z nonimmigrant 
     status, an alien who is 18 years of age or older must pass 
     the naturalization test described in sections 312(a)(1) and 
     (2). The alien may make up to 3 attempts to demonstrate such 
     understanding and knowledge but must satisfy this requirement 
     prior to the expiration of the second extension of Z 
     nonimmigrant status.
       (III) Exception.--The requirement of subclauses (I) and 
     (II) 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 because of physical or developmental 
     disability or mental impairment to comply therewith;
       (bb) is over 50 years of age and has been living in the 
     United States for periods totaling at least 20 years; or
       (cc) is over 55 years of age and has been living in the 
     United States for periods totaling at least 15 years.
       (iii) Employment.--With respect to an extension of Z-1 or 
     Z-3 nonimmigrant status an alien must demonstrate 
     satisfaction of the employment or study requirements provided 
     in subsection (m) during the alien's most recent authorized 
     period of stay as of the date of application; and
       (iv) Fees.--The alien must pay a processing fee in an 
     amount sufficient to recover the full cost of adjudicating 
     the application, but no more than $1,000 for a Z-1 
     nonimmigrant.
                                 ______
                                 
  SA 1443. Mr. LEVIN 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. __. ADMISSION OF CERTAIN NATIONALS FROM IRAQ AS PRIORITY 
                   2 REFUGEES.

       Subject to the numerical limitations established pursuant 
     to section 207 of the Immigration and Nationality Act (8 
     U.S.C. 1157), the Secretary of State or a designee of the 
     Secretary shall present to the Secretary of Homeland 
     Security, and the Secretary of Homeland Security or a 
     designee of the Secretary shall adjudicate, any application 
     for refugee status under section 207 of the Immigration and 
     Nationality Act (8 U.S.C. 1157) submitted by an applicant 
     who--
       (1) is a national of Iraq;
       (2) is able to demonstrate that--
       (A) for a period of at least one year beginning after March 
     1, 2003, he or she served the United States Government inside 
     Iraq as an employee, volunteer, contractor, or employee of a 
     contractor of the United States Government; or
       (B) he or she has a parent, spouse, son, daughter, 
     grandparent, grandchild, or sibling currently residing in the 
     United States who is a United States citizen, lawful 
     permanent resident, asylee, or refugee; and
       (3) is able to demonstrate that he or she left Iraq before 
     January 1, 2007, and has resided outside Iraq since that 
     time.
                                 ______
                                 
  SA 1444. Mr. OBAMA (for himself and Mr. Menendez) 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 V, insert the following:

     SEC. 509. TERMINATION.

       (a) In General.--The amendments described in subsection (b) 
     shall be effective during the 5-year period ending on 
     September 30 of the fifth fiscal year following the fiscal 
     year in which this Act is enacted.
       (b) Provisions.--The amendments described in this 
     subsection are the following:
       (1) The amendments made by subsections (a) and (b) of 
     section 501.
       (2) The amendments made by subsections (b), (c), and (e) of 
     section 502.
       (3) The amendments made by subsections (a), (b), (c)(1), 
     (d), and (g) of section 503.
       (4) The amendments made by subsection (a) of section 504.
       (c) Worldwide Level of Employment-Based Immigrants.--
       (1) Temporary supplemental allocation.--Section 201(d) (8 
     U.S.C. 1151(d)) is amended by adding at the end the follows 
     new paragraphs:
       ``(3) Temporary supplemental allocation.--Notwithstanding 
     paragraphs (1) and (2), there shall be a temporary 
     supplemental allocation of visas as follows:
       ``(A) For the first 5 fiscal years in which aliens 
     described in section 101(a)(15)(Z) are eligible for an 
     immigrant visa, the number calculated pursuant to section 
     503(f)(2) of the Secure Borders, Economic Opportunity, and 
     Immigration Reform Act of 2007.
       ``(B) In the sixth fiscal year in which aliens described in 
     section 101(a)(15)(Z) are eligible for an immigrant visa, the 
     number calculated pursuant to section 503(f)(3) of Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007.
       ``(C) Starting in the seventh fiscal year in which aliens 
     described in section 101(a)(15)(Z) are eligible for an 
     immigrant visa, the number equal to the number of aliens 
     described in section 101(a)(15)(Z) who became aliens admitted 
     for permanent residence based on the merit-based evaluation 
     system in the prior fiscal year until no further aliens 
     described in section 101(a)(15)(Z) adjust status.
       ``(4) Termination of temporary supplemental allocation.--
     The temporary supplemental allocation of visas described in 
     paragraph (3) shall terminate when the number of visas 
     calculated pursuant to paragraph (3)(C) is zero.
       ``(5) Limitation.--The temporary supplemental visas 
     described in paragraph (3) shall not be awarded to any 
     individual other than an individual described in section 
     101(a)(15)(Z).''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall be effective on October 1 of the sixth fiscal year 
     following the fiscal year in which this Act is enacted.
       (d) Worldwide Level of Family-Sponsored Immigrants.--
       (1) Increase in level.--Section 201(c)(1)(B)(ii) (8 U.S.C. 
     1151(c)(1)(B)(ii)) is amended by striking ``226,000'' and 
     inserting ``567,000''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall be effective during the period beginning on October 1 
     of the sixth fiscal year following the fiscal year in which 
     this Act is enacted and ending on the date that an alien may 
     be adjust status to an alien lawfully admitted for permanent 
     residence described in section 602(a)(5).
                                 ______
                                 
  SA 1445. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 225, strike ``such limitation'' and insert ``the 
     limitations under clauses (i) and (ii) of paragraph (1)(D)''.
                                 ______
                                 
  SA 1446. Mrs. BOXER 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 304, strike lines 2 through 20 and insert the 
     following:
       (ii) Application processes.--

[[Page S7250]]

       (I) In general.--Except as provided in subclause (III), a 
     Z-1 nonimmigrant's application for adjustment of status to 
     that of an alien lawfully admitted for permanent residence 
     must be filed in person with a United States consulate 
     abroad.
       (II) Place of application.--Unless otherwise directed by 
     the Secretary of State, a Z-1 nonimmigrant applying for 
     adjustment of status under this paragraph shall make an 
     application at a consular office in the alien's country of 
     origin. A consular office in a country that is not a Z-1 
     nonimmigrant's country of origin may as a matter of 
     discretion, or shall at the direction of the Secretary of 
     State, accept an application for adjustment of status from 
     such an alien.
       (III) Applications submitted from within the united 
     states.--

       (aa) In general.--The Secretary of Homeland Security and 
     the Secretary of State shall permit a Z-1 nonimmigrant to 
     submit an application for an adjustment of status to that of 
     an alien lawfully admitted for permanent residence from 
     within the United States if the country of origin of the Z-1 
     nonimmigrant authorizes the Z-1 nonimmigrant to submit the 
     application.
       (bb) Requirement to register.--A Z-1 nonimmigrant applying 
     for adjustment of status under this subclause shall submit to 
     a consulate of the nonimmigrant's country of nationality in 
     the United States a registration of the nonimmigrant's 
     presence in the United States.
                                 ______
                                 
  SA 1447. 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 subsection (c) of section 757 of the bill (relating 
     to impact on commercial motor vehicles).
                                 ______
                                 
  SA 1448. 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. __. LANGUAGE TRAINING PROGRAMS.

       (a) Accreditation Requirement.--Section 101(a)(15)(F)(i) (8 
     U.S.C. 1101(a)(15)(F)(i) is amended by striking ``a 
     language'' and inserting ``an accredited language''.
       (b) Rulemaking.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary shall issue 
     regulations that--
       (1) except as provided under paragraphs (3) and (4), 
     require that an accredited language training program 
     described in section 101(a)(15)(F)(i) of the Immigration and 
     Nationality Act, as amended by subsection (a), be accredited 
     by the Commission on English Language Program Accreditation, 
     the Accrediting Council for Continuing Education and 
     Training, or under the governance of an institution 
     accredited by 1 of the 6 regional accrediting agencies;
       (2) require that if such an accredited language training 
     program provides intensive language training, the head of 
     such program provide the Secretary of Education with 
     documentation regarding the specific subject matter for which 
     the program is accredited;
       (3) permit an alien admitted as a nonimmigrant under such 
     section 101(a)(15)(F)(i) to participate in a language 
     training program, during the 3-year period beginning on the 
     date of the enactment of this Act, if such program is not 
     accredited under paragraph (1); and
       (4) permit a language training program established after 
     the date of the enactment of this Act, which is not 
     accredited under paragraph (1), to qualify as an accredited 
     language training program under such section 101(a)(15)(F)(i) 
     during the 3-year period beginning on the date on which such 
     program is established.
                                 ______
                                 
  SA 1449. Mr. BROWNBACK 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 214(l) of the Immigration and Nationality Act (8 
     U.S.C. 1184(l)), as amended by section 425(b)(1), in 
     paragraph (4)(C)(iii), strike subclause (I) and insert the 
     following:
       ``(I) with respect to a State, for the first fiscal year of 
     the pilot program conducted under this paragraph, the greater 
     of--

       ``(aa) 15; or
       ``(bb) the number of the waivers received by the State in 
     the previous fiscal year;''.

                                 ______
                                 
  SA 1450. Mr. CORNYN 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. ____. PLAN FOR THE CONTROL AND MANAGEMENT OF ARUNDO 
                   DONAX.

       (a) Definitions.--In this section:
       (1) Arundo donax.--The term ``Arundo donax'' means a tall 
     perennial reed commonly known as ``Carrizo cane'', ``Spanish 
     cane'', ``wild cane'', and ``giant cane''.
       (2) Plan.--The term ``plan'' means the plan for the control 
     and management of Arundo donax developed under subsection 
     (b).
       (3) River.--The term ``River'' means the Rio Grande River.
       (4) Secretary.--The term ``Secretary'' means the Secretary 
     of Homeland Security.
       (b) Development of Plan.--
       (1) In general.--Subject to the availability of 
     appropriations, the Secretary shall develop a plan for the 
     control and management of Arundo donax along the portion of 
     the River that serves as the international border between the 
     United States and Mexico.
       (2) Components.--In developing the plan, the Secretary 
     shall address--
       (A) information derived by the Secretary of Agriculture and 
     the Secretary of the Interior from ongoing efforts to 
     identify the most effective biological, mechanical, and 
     chemical means of controlling and managing Arundo donax;
       (B) past and current efforts to understand--
       (i) the ecological damages caused by Arundo donax; and
       (ii) the dangers Arundo donax poses to Federal and local 
     law enforcement;
       (C) any international agreements and treaties that need to 
     be completed to allow for the control and management of 
     Arundo donax on both sides of the River;
       (D) the long-term efforts that the Secretary considers to 
     be necessary to control and manage Arundo donax, including 
     the cost estimates for the implementation of the efforts; and
       (E) whether a waiver of applicable Federal environmental 
     laws (including regulations) is necessary.
       (3) Consultation.--The Secretary shall develop the plan in 
     consultation with the Secretary of Agriculture, the Secretary 
     of the Interior, the Secretary of State, and any other 
     Federal and State agencies that have appropriate expertise 
     regarding the control and management of Arundo donax.
       (c) Report.--Not later than 90 days after the date of 
     enactment of this Act, the Secretary shall submit the plan 
     to--
       (1) the Committees on the Judiciary of the Senate and the 
     House of Representatives; and
       (2) the Committees on Appropriations of the Senate and the 
     House of Representatives.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as are 
     necessary to carry out this section.
                                 ______
                                 
  SA 1451. Mr. CORNYN 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 36, after line 17, add the following:

     SEC. 139. REPORT REGARDING USE OF LEVEES.

       Not later than 90 days after the date of enactment of this 
     Act, the Commissioner of U.S. Customs and Border Protection 
     shall submit to Congress a report regarding the use of flood 
     control levees under the control of the International 
     Boundary and Water Commission by U.S. Customs and Border 
     Protection, which shall--
       (1) discuss the purpose and importance of any such use of 
     such levees;
       (2) describe the level of degradation of such levees as a 
     result of such use; and
       (3) identify any formal agreements that may be needed 
     between the Department of Homeland Security and the 
     International Boundary and Water Commission or the Department 
     of State to ensure needed access to such levees.
                                 ______
                                 
  SA 1452. Mr. LIEBERMAN 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:

              Subtitle __--Asylum and Detention Safeguards

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``Secure and Safe 
     Detention and Asylum Act''.

     SEC. __02. DEFINITIONS.

       In this subtitle:
       (1) Asylum seeker.--The term ``asylum seeker'' means an 
     applicant for asylum under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158) or for withholding of removal 
     under section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)) or 
     an alien who indicates an intention to apply for relief under 
     either such section and does not include a person with 
     respect to whom a final adjudication denying an application 
     made under either such section has been entered.
       (2) Credible fear of persecution.--The term ``credible fear 
     of persecution'' has the meaning given that term in section 
     235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
     U.S.C. 1225(b)(1)(B)(v)).
       (3) Detainee.--The term ``detainee'' means an alien in the 
     Department's custody held in a detention facility.
       (4) Detention facility.--The term ``detention facility'' 
     means any Federal facility in which an asylum seeker, an 
     alien detained pending the outcome of a removal proceeding, 
     or an alien detained pending the execution of a final order 
     of removal, is detained for more than 72 hours, or any other 
     facility in which such detention services are

[[Page S7251]]

     provided to the Federal Government by contract, and does not 
     include detention at any port of entry in the United States.
       (5) Reasonable fear of persecution or torture.--The term 
     ``reasonable fear of persecution or torture'' has the meaning 
     described in section 208.31 of title 8, Code of Federal 
     Regulations.
       (6) Standard.--The term ``standard'' means any policy, 
     procedure, or other requirement.
       (7) Vulnerable populations.--The term ``vulnerable 
     populations'' means classes of aliens subject to the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who 
     have special needs requiring special consideration and 
     treatment by virtue of their vulnerable characteristics, 
     including experiences of, or risk of, abuse, mistreatment, or 
     other serious harms threatening their health or safety. 
     Vulnerable populations include the following:
       (A) Asylum seekers.
       (B) Refugees admitted under section 207 of the Immigration 
     and Nationality Act (8 U.S.C. 1157) and individuals seeking 
     such admission.
       (C) Aliens whose deportation is being withheld under 
     section 243(h) of the Immigration and Nationality Act (as in 
     effect immediately before the effective date of section 307 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     3009-612)) or section 241(b)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(b)(3)).
       (D) Aliens granted or seeking protection under article 3 of 
     the Convention Against Torture and other Cruel, Inhumane, or 
     Degrading Treatment or Punishment, done at New York, December 
     10, 1994.
       (E) Applicants for relief and benefits under the 
     Immigration and Nationality Act pursuant to the amendments 
     made by the Trafficking Victims Protection Act of 2000 
     (division A of Public Law 106-386; 114 Stat. 1464), including 
     applicants for nonimmigrant status under subparagraph (T) or 
     (U) of section 101(a)(15) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)).
       (F) Applicants for relief and benefits under the 
     Immigration and Nationality Act pursuant to the amendments 
     made by the Violence Against Women Act of 2000 (division B of 
     Public Law 106-386; 114 Stat. 1491).
       (G) Unaccompanied alien children (as defined in 462(g) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

     SEC. __03. RECORDING SECONDARY INSPECTION INTERVIEWS.

       (a) In General.--The Secretary shall establish quality 
     assurance procedures to ensure the accuracy and verifiability 
     of signed or sworn statements taken by employees of the 
     Department exercising expedited removal authority under 
     section 235(b) of the Immigration and Nationality Act (8 
     U.S.C. 1225(b)).
       (b) Factors Relating to Sworn Statements.--Any sworn or 
     signed written statement taken of an alien as part of the 
     record of a proceeding under section 235(b)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) 
     shall be accompanied by a recording of the interview which 
     served as the basis for that sworn statement.
       (c) Recordings.--
       (1) In general.--The recording of the interview shall also 
     include the written statement, in its entirety, being read 
     back to the alien in a language that the alien claims to 
     understand, and the alien affirming the accuracy of the 
     statement or making any corrections thereto.
       (2) Format.--The recording shall be made in video, audio, 
     or other equally reliable format.
       (d) Exemption Authority.--
       (1) Subsections (b) and (c) shall not apply to interviews 
     that occur at facilities exempted by the Secretary pursuant 
     to this subsection.
       (2) The Secretary or the Secretary's designee may exempt 
     any facility based on a determination by the Secretary or the 
     Secretary's designee that compliance with subsections (b) and 
     (c) at that facility would impair operations or impose undue 
     burdens or costs.
       (3) The Secretary or the Secretary's designee shall report 
     annually to Congress on the facilities that have been 
     exempted pursuant to this subsection.
       (4) The exercise of the exemption authority granted by this 
     subsection shall not give rise to a private cause of action.
       (e) Interpreters.--The Secretary shall ensure that a 
     professional fluent interpreter is used when the interviewing 
     officer does not speak a language understood by the alien and 
     there is no other Federal, State, or local government 
     employee available who is able to interpret effectively, 
     accurately, and impartially.

     SEC. __04. PROCEDURES GOVERNING DETENTION DECISIONS.

       Section 236 (8 U.S.C. 1226) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) in the first sentence by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security'';
       (ii) by striking ``(c)'' and inserting ``(d)''; and
       (iii) in the second sentence by striking ``Attorney 
     General'' and inserting ``Secretary'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (II) by striking ``or'' at the end;

       (ii) in subparagraph (B), by striking ``but'' at the end; 
     and
       (iii) by inserting after subparagraph (B) the following:
       ``(C) the alien's own recognizance; or
       ``(D) a secure alternatives program as provided for in this 
     section; but'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (d), (e), (f), and (h), respectively;
       (3) by inserting after subsection (a) the following new 
     subsections:
       ``(b) Custody Decisions.--
       ``(1) In general.--In the case of a decision under 
     subsection (a) or (d), the following shall apply:
       ``(A) The decision shall be made in writing and shall be 
     served upon the alien. A decision to continue detention 
     without bond or parole shall specify in writing the reasons 
     for that decision.
       ``(B) The decision shall be served upon the alien within 72 
     hours of the alien's detention or, in the case of an alien 
     subject to section 235 or 241(a)(5) who must establish a 
     credible fear of persecution or a reasonable fear of 
     persecution or torture in order to proceed in immigration 
     court, within 72 hours of a positive credible fear of 
     persecution or reasonable fear of persecution or torture 
     determination.
       ``(2) Criteria to be considered.--The criteria to be 
     considered by the Secretary and the Attorney General in 
     making a custody decision shall include--
       ``(A) whether the alien poses a risk to public safety or 
     national security;
       ``(B) whether the alien is likely to appear for immigration 
     proceedings; and
       ``(C) any other relevant factors.
       ``(3) Custody redetermination.--An alien subject to this 
     section may at any time after being served with the 
     Secretary's decision under subsections (a) or (d) request a 
     redetermination of that decision by an immigration judge. All 
     decisions by the Secretary to detain without bond or parole 
     shall be subject to redetermination by an immigration judge 
     within 2 weeks from the time the alien was served with the 
     decision, unless waived by the alien. The alien may request a 
     further redetermination upon a showing of a material change 
     in circumstances since the last redetermination hearing.
       ``(c) Exception for Mandatory Detention.--Subsection (b) 
     shall not apply to any alien who is subject to mandatory 
     detention under section 235(b)(1)(B)(iii)(IV), 236(c), or 
     236A or who has a final order of removal and has no 
     proceedings pending before the Executive Office for 
     Immigration Review.'';
       (4) in subsection (d), as redesignated--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (B) by striking ``or parole'' and inserting ``, parole, or 
     decision to release;'';
       (5) in subsection (e), as redesignated--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary'' each place it appears; and
       (B) in paragraph (2), by inserting ``or for humanitarian 
     reasons,'' after ``such an investigation,'';
       (6) in subsection (f), as redesignated--
       (A) in the matter preceding paragraph (1), by striking 
     ``Attorney General'' and inserting ``Secretary'';
       (B) in paragraph (1), in subparagraphs (A) and (B), by 
     striking ``Service'' and inserting ``Department of Homeland 
     Security''; and
       (C) in paragraph (3), by striking ``Service'' and inserting 
     ``Secretary of Homeland Security'';
       (7) by inserting after subsection (f), as redesignated, the 
     following new subparagraph:
       ``(g) Administrative Review.--If an immigration judge's 
     custody decision has been stayed by the action of an officer 
     or employee of the Department of Homeland Security, the stay 
     shall expire in 30 days, unless the Board of Immigration 
     Appeals before that time, and upon motion, enters an order 
     continuing the stay.''; and
       (8) in subsection (h), as redesignated--
       (A) by striking ``Attorney General's'' and inserting 
     ``Secretary of Homeland Security's''; and
       (B) by striking ``Attorney General'' and inserting 
     ``Secretary''.

     SEC. __05. LEGAL ORIENTATION PROGRAM.

       (a) In General.--The Attorney General, in consultation with 
     the Secretary, shall ensure that all detained aliens in 
     immigration and asylum proceedings receive legal orientation 
     through a program administered and implemented by the 
     Executive Office for Immigration Review of the Department of 
     Justice.
       (b) Content of Program.--The legal orientation program 
     developed pursuant to this section shall be based on the 
     Legal Orientation Program carried out by the Executive Office 
     for Immigration Review on the date of the enactment of this 
     Act.
       (c) Expansion of Legal Assistance.--The Secretary shall 
     ensure the expansion through the United States Citizenship 
     and Immigration Service of public-private partnerships that 
     facilitate pro bono counseling and legal assistance for 
     asylum seekers awaiting a credible fear of persecution 
     interview, as a continuation of existing programs, such as 
     the pilot program developed in Arlington, Virginia by the 
     United States Citizenship and Immigration Service.

     SEC. __06. CONDITIONS OF DETENTION.

       (a) In General.--The Secretary shall ensure that standards 
     governing conditions and procedures at detention facilities 
     are fully implemented and enforced, and that all detention 
     facilities comply with the standards.

[[Page S7252]]

       (b) Procedures and Standards.--The Secretary shall 
     promulgate new standards, or modify existing detention 
     standards, to improve conditions in detention facilities. The 
     improvements shall address at a minimum the following 
     policies and procedures:
       (1) Fair and humane treatment.--Procedures to ensure that 
     detainees are not subject to degrading or inhumane treatment 
     such as physical abuse, sexual abuse or harassment, or 
     arbitrary punishment.
       (2) Limitations on solitary confinement.--Procedures 
     limiting the use of solitary confinement, shackling, and 
     strip searches of detainees to situations where the use of 
     such techniques is necessitated by security interests or 
     other extraordinary circumstances.
       (3) Investigation of grievances.--Procedures for the prompt 
     and effective investigation of grievances raised by 
     detainees.
       (4) Access to telephones.--Procedures permitting detainees 
     sufficient access to telephones, and the ability to contact, 
     free of charge, legal representatives, the immigration 
     courts, the Board of Immigration Appeals, and the Federal 
     courts through confidential toll-free numbers.
       (5) Location of facilities.--Location of detention 
     facilities, to the extent practicable, near sources of free 
     or low-cost legal representation with expertise in asylum or 
     immigration law.
       (6) Procedures governing transfers of detainees.--
     Procedures governing the transfer of a detainee that take 
     into account--
       (A) the detainee's access to legal representatives; and
       (B) the proximity of the facility to the venue of the 
     asylum or removal proceeding.
       (7) Quality of medical care.--
       (A) In general.--Prompt and adequate medical care provided 
     at no cost to the detainee, including dental care, eye care, 
     mental health care, and where appropriate, individual and 
     group counseling, medical dietary needs, and other medically 
     necessary specialized care. Medical facilities in all 
     detention facilities used by the Department maintain current 
     accreditation by the National Commission on Correctional 
     Health Care (NCCHC). Requirements that each medical facility 
     that is not accredited by the Joint Commission on the 
     Accreditation of Health Care Organizations (JCAHO) will seek 
     to obtain such accreditation. Maintenance of complete medical 
     records for every detainee which shall be made available upon 
     request to a detainee, his legal representative, or other 
     authorized individuals.
       (8) Translation capabilities.--The employment of detention 
     facility staff that, to the extent practicable, are qualified 
     in the languages represented in the population of detainees 
     at a detention facility, and the provision of alternative 
     translation services when necessary.
       (9) Recreational programs and activities.--Daily access to 
     indoor and outdoor recreational programs and activities.
       (c) Special Standards for Noncriminal Detainees.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the distinctions between persons with 
     criminal convictions or a history of violent behavior and all 
     other detainees; and
       (2) ensure that procedures and conditions of detention are 
     appropriate for a noncriminal, nonviolent population.
       (d) Special Standards for Vulnerable Populations.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the unique needs of asylum seekers, victims 
     of torture and trafficking, families with children, detainees 
     who do not speak English, detainees with special religious, 
     cultural or spiritual considerations, and other vulnerable 
     populations; and
       (2) ensure that procedures and conditions of detention are 
     appropriate for the populations listed in this subsection.
       (e) Training of Personnel.--
       (1) In general.--The Secretary shall ensure that personnel 
     in detention facilities are given specialized training to 
     better understand and work with the population of detainees 
     held at the facilities where such personnel work. The 
     training should address the unique needs of--
       (A) asylum seekers;
       (B) victims of torture or other trauma; and
       (C) other vulnerable populations.
       (2) Specialized training.--The training required by this 
     subsection shall be designed to better enable personnel to 
     work with detainees from different countries, and detainees 
     who cannot speak English. The training shall emphasize that 
     many detainees have no criminal records and are being held 
     for civil violations.

     SEC. __07. OFFICE OF DETENTION OVERSIGHT.

       (a) Establishment of the Office.--
       (1) In general.--There shall be established within the 
     Department an Office of Detention Oversight (in this section 
     referred to as the ``Office'').
       (2) Head of the office.--There shall be at the head of the 
     Office an Administrator who shall be appointed by, and shall 
     report to, the Secretary.
       (3) Schedule.--The Office shall be established and the 
     Administrator of the Office appointed not later than 6 months 
     after the date of enactment of this Act.
       (b) Responsibilities of the Office.--
       (1) Inspections of detention centers.--The Administrator of 
     the Office shall--
       (A) undertake frequent and unannounced inspections of all 
     detention facilities;
       (B) develop a procedure for any detainee or the detainee's 
     representative to file a written complaint directly with the 
     Office; and
       (C) report to the Secretary and to the Assistant Secretary 
     of Homeland Security for United States Immigration and 
     Customs Enforcement all findings of a detention facility's 
     noncompliance with detention standards.
       (2) Investigations.--The Administrator of the Office 
     shall--
       (A) initiate investigations, as appropriate, into 
     allegations of systemic problems at detention facilities or 
     incidents that constitute serious violations of detention 
     standards;
       (B) report to the Secretary and the Assistant Secretary of 
     Homeland Security for United States Immigration and Customs 
     Enforcement the results of all investigations; and
       (C) refer matters, where appropriate, for further action 
     to--
       (i) the Department of Justice;
       (ii) the Office of the Inspector General of the Department;
       (iii) the Office of Civil Rights and Civil Liberties of the 
     Department; or
       (iv) any other relevant office or agency.
       (3) Report to congress.--
       (A) In general.--The Administrator of the Office shall 
     submit to the Secretary, the Committee on the Judiciary and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, and the Committee on the Judiciary and the 
     Committee on Homeland Security of the House of 
     Representatives an annual report on the Administrator's 
     findings on detention conditions and the results of the 
     investigations carried out by the Administrator.
       (B) Contents of report.--Each report required by 
     subparagraph (A) shall include--
       (i) a description of the actions to remedy findings of 
     noncompliance or other problems that are taken by the 
     Secretary or the Assistant Secretary of Homeland Security for 
     United States Immigration
                                 ______
                                 
  SA 1453. Mr. LIEBERMAN 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:
       Insert the following:

              Subtitle __--Asylum and Detention Safeguards

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``Secure and Safe 
     Detention and Asylum Act''.

     SEC. __02. DEFINITIONS.

       In this subtitle:
       (1) Asylum seeker.--The term ``asylum seeker'' means an 
     applicant for asylum under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158) or for withholding of removal 
     under section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)) or 
     an alien who indicates an intention to apply for relief under 
     either such section and does not include a person with 
     respect to whom a final adjudication denying an application 
     made under either such section has been entered.
       (2) Credible fear of persecution.--The term ``credible fear 
     of persecution'' has the meaning given that term in section 
     235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
     U.S.C. 1225(b)(1)(B)(v)).
       (3) Detainee.--The term ``detainee'' means an alien in the 
     Department's custody held in a detention facility.
       (4) Detention facility.--The term ``detention facility'' 
     means any Federal facility in which an asylum seeker, an 
     alien detained pending the outcome of a removal proceeding, 
     or an alien detained pending the execution of a final order 
     of removal, is detained for more than 72 hours, or any other 
     facility in which such detention services are provided to the 
     Federal Government by contract, and does not include 
     detention at any port of entry in the United States.
       (5) Reasonable fear of persecution or torture.--The term 
     ``reasonable fear of persecution or torture'' has the meaning 
     described in section 208.31 of title 8, Code of Federal 
     Regulations.
       (6) Standard.--The term ``standard'' means any policy, 
     procedure, or other requirement.
       (7) Vulnerable populations.--The term ``vulnerable 
     populations'' means classes of aliens subject to the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who 
     have special needs requiring special consideration and 
     treatment by virtue of their vulnerable characteristics, 
     including experiences of, or risk of, abuse, mistreatment, or 
     other serious harms threatening their health or safety. 
     Vulnerable populations include the following:
       (A) Asylum seekers.
       (B) Refugees admitted under section 207 of the Immigration 
     and Nationality Act (8 U.S.C. 1157) and individuals seeking 
     such admission.
       (C) Aliens whose deportation is being withheld under 
     section 243(h) of the Immigration and Nationality Act (as in 
     effect immediately before the effective date of section 307 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     3009-612)) or section 241(b)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(b)(3)).
       (D) Aliens granted or seeking protection under article 3 of 
     the Convention Against Torture and other Cruel, Inhumane, or 
     Degrading Treatment or Punishment, done at New York, December 
     10, 1994.

[[Page S7253]]

       (E) Applicants for relief and benefits under the 
     Immigration and Nationality Act pursuant to the amendments 
     made by the Trafficking Victims Protection Act of 2000 
     (division A of Public Law 106-386; 114 Stat. 1464), including 
     applicants for nonimmigrant status under subparagraph (T) or 
     (U) of section 101(a)(15) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)).
       (F) Applicants for relief and benefits under the 
     Immigration and Nationality Act pursuant to the amendments 
     made by the Violence Against Women Act of 2000 (division B of 
     Public Law 106-386; 114 Stat. 1491).
       (G) Unaccompanied alien children (as defined in 462(g) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

     SEC. __03. RECORDING SECONDARY INSPECTION INTERVIEWS.

       (a) In General.--The Secretary shall establish quality 
     assurance procedures to ensure the accuracy and verifiability 
     of signed or sworn statements taken by employees of the 
     Department exercising expedited removal authority under 
     section 235(b) of the Immigration and Nationality Act (8 
     U.S.C. 1225(b)).
       (b) Factors Relating to Sworn Statements.--Any sworn or 
     signed written statement taken of an alien as part of the 
     record of a proceeding under section 235(b)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) 
     shall be accompanied by a recording of the interview which 
     served as the basis for that sworn statement.
       (c) Recordings.--
       (1) In general.--The recording of the interview shall also 
     include the written statement, in its entirety, being read 
     back to the alien in a language that the alien claims to 
     understand, and the alien affirming the accuracy of the 
     statement or making any corrections thereto.
       (2) Format.--The recording shall be made in video, audio, 
     or other equally reliable format.
       (d) Exemption Authority.--
       (1) Subsections (b) and (c) shall not apply to interviews 
     that occur at facilities exempted by the Secretary pursuant 
     to this subsection.
       (2) The Secretary or the Secretary's designee may exempt 
     any facility based on a determination by the Secretary or the 
     Secretary's designee that compliance with subsections (b) and 
     (c) at that facility would impair operations or impose undue 
     burdens or costs.
       (3) The Secretary or the Secretary's designee shall report 
     annually to Congress on the facilities that have been 
     exempted pursuant to this subsection.
       (4) The exercise of the exemption authority granted by this 
     subsection shall not give rise to a private cause of action.
       (e) Interpreters.--The Secretary shall ensure that a 
     professional fluent interpreter is used when the interviewing 
     officer does not speak a language understood by the alien and 
     there is no other Federal, State, or local government 
     employee available who is able to interpret effectively, 
     accurately, and impartially.

     SEC. __04. PROCEDURES GOVERNING DETENTION DECISIONS.

       Section 236 (8 U.S.C. 1226) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) in the first sentence by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security'';
       (ii) by striking ``(c)'' and inserting ``(d)''; and
       (iii) in the second sentence by striking ``Attorney 
     General'' and inserting ``Secretary'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (II) by striking ``or'' at the end;

       (ii) in subparagraph (B), by striking ``but'' at the end; 
     and
       (iii) by inserting after subparagraph (B) the following:
       ``(C) the alien's own recognizance; or
       ``(D) a secure alternatives program as provided for in this 
     section; but'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (d), (e), (f), and (h), respectively;
       (3) by inserting after subsection (a) the following new 
     subsections:
       ``(b) Custody Decisions.--
       ``(1) In general.--In the case of a decision under 
     subsection (a) or (d), the following shall apply:
       ``(A) The decision shall be made in writing and shall be 
     served upon the alien. A decision to continue detention 
     without bond or parole shall specify in writing the reasons 
     for that decision.
       ``(B) The decision shall be served upon the alien within 72 
     hours of the alien's detention or, in the case of an alien 
     subject to section 235 or 241(a)(5) who must establish a 
     credible fear of persecution or a reasonable fear of 
     persecution or torture in order to proceed in immigration 
     court, within 72 hours of a positive credible fear of 
     persecution or reasonable fear of persecution or torture 
     determination.
       ``(2) Criteria to be considered.--The criteria to be 
     considered by the Secretary and the Attorney General in 
     making a custody decision shall include--
       ``(A) whether the alien poses a risk to public safety or 
     national security;
       ``(B) whether the alien is likely to appear for immigration 
     proceedings; and
       ``(C) any other relevant factors.
       ``(3) Custody redetermination.--An alien subject to this 
     section may at any time after being served with the 
     Secretary's decision under subsections (a) or (d) request a 
     redetermination of that decision by an immigration judge. All 
     decisions by the Secretary to detain without bond or parole 
     shall be subject to redetermination by an immigration judge 
     within 2 weeks from the time the alien was served with the 
     decision, unless waived by the alien. The alien may request a 
     further redetermination upon a showing of a material change 
     in circumstances since the last redetermination hearing.
       ``(c) Exception for Mandatory Detention.--Subsection (b) 
     shall not apply to any alien who is subject to mandatory 
     detention under section 235(b)(1)(B)(iii)(IV), 236(c), or 
     236A or who has a final order of removal and has no 
     proceedings pending before the Executive Office for 
     Immigration Review.'';
       (4) in subsection (d), as redesignated--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (B) by striking ``or parole'' and inserting ``, parole, or 
     decision to release;'';
       (5) in subsection (e), as redesignated--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary'' each place it appears; and
       (B) in paragraph (2), by inserting ``or for humanitarian 
     reasons,'' after ``such an investigation,'';
       (6) in subsection (f), as redesignated--
       (A) in the matter preceding paragraph (1), by striking 
     ``Attorney General'' and inserting ``Secretary'';
       (B) in paragraph (1), in subparagraphs (A) and (B), by 
     striking ``Service'' and inserting ``Department of Homeland 
     Security''; and
       (C) in paragraph (3), by striking ``Service'' and inserting 
     ``Secretary of Homeland Security'';
       (7) by inserting after subsection (f), as redesignated, the 
     following new subparagraph:
       ``(g) Administrative Review.--If an immigration judge's 
     custody decision has been stayed by the action of an officer 
     or employee of the Department of Homeland Security, the stay 
     shall expire in 30 days, unless the Board of Immigration 
     Appeals before that time, and upon motion, enters an order 
     continuing the stay.''; and
       (8) in subsection (h), as redesignated--
       (A) by striking ``Attorney General's'' and inserting 
     ``Secretary of Homeland Security's''; and
       (B) by striking ``Attorney General'' and inserting 
     ``Secretary''.

     SEC. __05. LEGAL ORIENTATION PROGRAM.

       (a) In General.--The Attorney General, in consultation with 
     the Secretary, shall ensure that all detained aliens in 
     immigration and asylum proceedings receive legal orientation 
     through a program administered and implemented by the 
     Executive Office for Immigration Review of the Department of 
     Justice.
       (b) Content of Program.--The legal orientation program 
     developed pursuant to this section shall be based on the 
     Legal Orientation Program carried out by the Executive Office 
     for Immigration Review on the date of the enactment of this 
     Act.
       (c) Expansion of Legal Assistance.--The Secretary shall 
     ensure the expansion through the United States Citizenship 
     and Immigration Service of public-private partnerships that 
     facilitate pro bono counseling and legal assistance for 
     asylum seekers awaiting a credible fear of persecution 
     interview, as a continuation of existing programs, such as 
     the pilot program developed in Arlington, Virginia by the 
     United States Citizenship and Immigration Service.

     SEC. __06. CONDITIONS OF DETENTION.

       (a) In General.--The Secretary shall ensure that standards 
     governing conditions and procedures at detention facilities 
     are fully implemented and enforced, and that all detention 
     facilities comply with the standards.
       (b) Procedures and Standards.--The Secretary shall 
     promulgate new standards, or modify existing detention 
     standards, to improve conditions in detention facilities. The 
     improvements shall address at a minimum the following 
     policies and procedures:
       (1) Fair and humane treatment.--Procedures to ensure that 
     detainees are not subject to degrading or inhumane treatment 
     such as physical abuse, sexual abuse or harassment, or 
     arbitrary punishment.
       (2) Limitations on solitary confinement.--Procedures 
     limiting the use of solitary confinement, shackling, and 
     strip searches of detainees to situations where the use of 
     such techniques is necessitated by security interests or 
     other extraordinary circumstances.
       (3) Investigation of grievances.--Procedures for the prompt 
     and effective investigation of grievances raised by 
     detainees.
       (4) Access to telephones.--Procedures permitting detainees 
     sufficient access to telephones, and the ability to contact, 
     free of charge, legal representatives, the immigration 
     courts, the Board of Immigration Appeals, and the Federal 
     courts through confidential toll-free numbers.
       (5) Location of facilities.--Location of detention 
     facilities, to the extent practicable, near sources of free 
     or low-cost legal representation with expertise in asylum or 
     immigration law.
       (6) Procedures governing transfers of detainees.--
     Procedures governing the transfer of a detainee that take 
     into account--
       (A) the detainee's access to legal representatives; and
       (B) the proximity of the facility to the venue of the 
     asylum or removal proceeding.

[[Page S7254]]

       (7) Quality of medical care.--
       (A) In general.--Prompt and adequate medical care provided 
     at no cost to the detainee, including dental care, eye care, 
     mental health care, and where appropriate, individual and 
     group counseling, medical dietary needs, and other medically 
     necessary specialized care. Medical facilities in all 
     detention facilities used by the Department maintain current 
     accreditation by the National Commission on Correctional 
     Health Care (NCCHC). Requirements that each medical facility 
     that is not accredited by the Joint Commission on the 
     Accreditation of Health Care Organizations (JCAHO) will seek 
     to obtain such accreditation. Maintenance of complete medical 
     records for every detainee which shall be made available upon 
     request to a detainee, his legal representative, or other 
     authorized individuals.
       (8) Translation capabilities.--The employment of detention 
     facility staff that, to the extent practicable, are qualified 
     in the languages represented in the population of detainees 
     at a detention facility, and the provision of alternative 
     translation services when necessary.
       (9) Recreational programs and activities.--Daily access to 
     indoor and outdoor recreational programs and activities.
       (c) Special Standards for Noncriminal Detainees.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the distinctions between persons with 
     criminal convictions or a history of violent behavior and all 
     other detainees; and
       (2) ensure that procedures and conditions of detention are 
     appropriate for a noncriminal, nonviolent population.
       (d) Special Standards for Vulnerable Populations.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the unique needs of asylum seekers, victims 
     of torture and trafficking, families with children, detainees 
     who do not speak English, detainees with special religious, 
     cultural or spiritual considerations, and other vulnerable 
     populations; and
       (2) ensure that procedures and conditions of detention are 
     appropriate for the populations listed in this subsection.
       (e) Training of Personnel.--
       (1) In general.--The Secretary shall ensure that personnel 
     in detention facilities are given specialized training to 
     better understand and work with the population of detainees 
     held at the facilities where such personnel work. The 
     training should address the unique needs of--
       (A) asylum seekers;
       (B) victims of torture or other trauma; and
       (C) other vulnerable populations.
       (2) Specialized training.--The training required by this 
     subsection shall be designed to better enable personnel to 
     work with detainees from different countries, and detainees 
     who cannot speak English. The training shall emphasize that 
     many detainees have no criminal records and are being held 
     for civil violations.

     SEC. __07. OFFICE OF DETENTION OVERSIGHT.

       (a) Establishment of the Office.--
       (1) In general.--There shall be established within the 
     Department an Office of Detention Oversight (in this section 
     referred to as the ``Office'').
       (2) Head of the office.--There shall be at the head of the 
     Office an Administrator who shall be appointed by, and shall 
     report to, the Secretary.
       (3) Schedule.--The Office shall be established and the 
     Administrator of the Office appointed not later than 6 months 
     after the date of enactment of this Act.
       (b) Responsibilities of the Office.--
       (1) Inspections of detention centers.--The Administrator of 
     the Office shall--
       (A) undertake frequent and unannounced inspections of all 
     detention facilities;
       (B) develop a procedure for any detainee or the detainee's 
     representative to file a written complaint directly with the 
     Office; and
       (C) report to the Secretary and to the Assistant Secretary 
     of Homeland Security for United States Immigration and 
     Customs Enforcement all findings of a detention facility's 
     noncompliance with detention standards.
       (2) Investigations.--The Administrator of the Office 
     shall--
       (A) initiate investigations, as appropriate, into 
     allegations of systemic problems at detention facilities or 
     incidents that constitute serious violations of detention 
     standards;
       (B) report to the Secretary and the Assistant Secretary of 
     Homeland Security for United States Immigration and Customs 
     Enforcement the results of all investigations; and
       (C) refer matters, where appropriate, for further action 
     to--
       (i) the Department of Justice;
       (ii) the Office of the Inspector General of the Department;
       (iii) the Office of Civil Rights and Civil Liberties of the 
     Department; or
       (iv) any other relevant office or agency.
       (3) Report to congress.--
       (A) In general.--The Administrator of the Office shall 
     submit to the Secretary, the Committee on the Judiciary and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, and the Committee on the Judiciary and the 
     Committee on Homeland Security of the House of 
     Representatives an annual report on the Administrator's 
     findings on detention conditions and the results of the 
     investigations carried out by the Administrator.
       (B) Contents of report.--Each report required by 
     subparagraph (A) shall include--
       (i) a description of the actions to remedy findings of 
     noncompliance or other problems that are taken by the 
     Secretary or the Assistant Secretary of Homeland Security for 
     United States Immigration and Customs Enforcement, and each 
     detention facility found to be in noncompliance; and
       (ii) information regarding whether such actions were 
     successful and resulted in compliance with detention 
     standards.
       (4) Review of complaints by detainees.--The Administrator 
     of the Office shall establish procedures to receive and 
     review complaints of violations of the detention standards 
     promulgated by the Secretary. The procedures shall protect 
     the anonymity of the claimant, including detainees, 
     employees, or others, from retaliation.
       (c) Cooperation With Other Offices and Agencies.--Whenever 
     appropriate, the Administrator of the Office shall cooperate 
     and coordinate its activities with--
       (1) the Office of the Inspector General of the Department;
       (2) the Office of Civil Rights and Civil Liberties of the 
     Department;
       (3) the Privacy Officer of the Department;
       (4) the Civil Rights Division of the Department of Justice; 
     or
       (5) any other relevant office or agency.

     SEC. __08. SECURE ALTERNATIVES PROGRAM.

       (a) Establishment of Program.--The Secretary shall 
     establish a secure alternatives program under which an alien 
     who has been detained may be released under enhanced 
     supervision to prevent the alien from absconding and to 
     ensure that the alien makes appearances related to such 
     detention.
       (b) Program Requirements.--
       (1) Nationwide implementation.--The Secretary shall 
     facilitate the development of the secure alternatives program 
     on a nationwide basis, as a continuation of existing pilot 
     programs such as the Intensive Supervision Appearance Program 
     developed by the Department.
       (2) Utilization of alternatives.--The secure alternatives 
     program shall utilize a continuum of alternatives based on 
     the alien's need for supervision, including placement of the 
     alien with an individual or organizational sponsor, or in a 
     supervised group home.
       (3) Aliens eligible for secure alternatives program.--
       (A) In general.--Aliens who would otherwise be subject to 
     detention based on a consideration of the release criteria in 
     section 236(b)(2), or who are released pursuant to section 
     236(e)(2), shall be considered for the secure alternatives 
     program.
       (B) Design of programs.--Secure alternatives programs shall 
     be designed to ensure sufficient supervision of the 
     population described in subparagraph (A).
       (4) Contracts.--The Secretary shall enter into contracts 
     with qualified nongovernmental entities to implement the 
     secure alternatives program.
       (5) Other considerations.--In designing such program, the 
     Secretary shall--
       (A) consult with relevant experts; and
       (B) consider programs that have proven successful in the 
     past, including the Appearance Assistance Program developed 
     by the Vera Institute and the Intensive Supervision 
     Appearance Program.

     SEC. __09. LESS RESTRICTIVE DETENTION FACILITIES.

       (a) Construction.--The Secretary shall facilitate the 
     construction or use of secure but less restrictive detention 
     facilities.
       (b) Criteria.--In developing detention facilities pursuant 
     to this section, the Secretary shall--
       (1) consider the design, operation, and conditions of 
     existing secure but less restrictive detention facilities, 
     such as the Department's detention facilities in Broward 
     County, Florida, and Berks County, Pennsylvania;
       (2) to the extent practicable, construct or use detention 
     facilities where--
       (A) movement within and between indoor and outdoor areas of 
     the facility is subject to minimal restrictions;
       (B) detainees have ready access to social, psychological, 
     and medical services;
       (C) detainees with special needs, including those who have 
     experienced trauma or torture, have ready access to services 
     and treatment addressing their needs;
       (D) detainees have ready access to programs and recreation;
       (E) detainees are permitted contact visits with legal 
     representatives and family members; and
       (F) special facilities are provided to families with 
     children.
       (c) Facilities for Families With Children.--For situations 
     where release or secure alternatives programs are not an 
     option, the Secretary shall, to the extent practicable, 
     ensure that special detention facilities are specifically 
     designed to house parents with their minor children, 
     including ensuring that--
       (1) procedures and conditions of detention are appropriate 
     for families with minor children; and
       (2) living and sleeping quarters for children under 14 
     years of age are not physically separated from at least 1 of 
     the child's parents.
       (d) Placement in Nonpunitive Facilities.--Among the factors 
     to be considered with respect to placing a detainee in a less 
     restrictive facility is whether the detainee is--
       (1) an asylum seeker;

[[Page S7255]]

       (2) part of a family with minor children;
       (3) a member of a vulnerable population; or
       (4) a nonviolent, noncriminal detainee.
       (e) Procedures and Standards.--Where necessary, the 
     Secretary shall promulgate new standards, or modify existing 
     detention standards, to promote the development of less 
     restrictive detention facilities.

     SEC. __10. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this subtitle.
       (b) Effective Date.--This subtitle and the amendments made 
     by this subtitle shall take effect on the date that is 6 
     months after the date of enactment of this Act.
                                 ______
                                 
  SA 1454. Mr. LIEBERMAN 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 lieu of the matter proposed to be stricken, insert the 
     following:

              Subtitle __--Asylum and Detention Safeguards

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``Secure and Safe 
     Detention and Asylum Act''.

     SEC. __02. DEFINITIONS.

       In this subtitle:
       (1) Asylum seeker.--The term ``asylum seeker'' means an 
     applicant for asylum under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158) or for withholding of removal 
     under section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)) or 
     an alien who indicates an intention to apply for relief under 
     either such section and does not include a person with 
     respect to whom a final adjudication denying an application 
     made under either such section has been entered.
       (2) Credible fear of persecution.--The term ``credible fear 
     of persecution'' has the meaning given that term in section 
     235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
     U.S.C. 1225(b)(1)(B)(v)).
       (3) Detainee.--The term ``detainee'' means an alien in the 
     Department's custody held in a detention facility.
       (4) Detention facility.--The term ``detention facility'' 
     means any Federal facility in which an asylum seeker, an 
     alien detained pending the outcome of a removal proceeding, 
     or an alien detained pending the execution of a final order 
     of removal, is detained for more than 72 hours, or any other 
     facility in which such detention services are provided to the 
     Federal Government by contract, and does not include 
     detention at any port of entry in the United States.
       (5) Reasonable fear of persecution or torture.--The term 
     ``reasonable fear of persecution or torture'' has the meaning 
     described in section 208.31 of title 8, Code of Federal 
     Regulations.
       (6) Standard.--The term ``standard'' means any policy, 
     procedure, or other requirement.
       (7) Vulnerable populations.--The term ``vulnerable 
     populations'' means classes of aliens subject to the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who 
     have special needs requiring special consideration and 
     treatment by virtue of their vulnerable characteristics, 
     including experiences of, or risk of, abuse, mistreatment, or 
     other serious harms threatening their health or safety. 
     Vulnerable populations include the following:
       (A) Asylum seekers.
       (B) Refugees admitted under section 207 of the Immigration 
     and Nationality Act (8 U.S.C. 1157) and individuals seeking 
     such admission.
       (C) Aliens whose deportation is being withheld under 
     section 243(h) of the Immigration and Nationality Act (as in 
     effect immediately before the effective date of section 307 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     3009-612)) or section 241(b)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(b)(3)).
       (D) Aliens granted or seeking protection under article 3 of 
     the Convention Against Torture and other Cruel, Inhumane, or 
     Degrading Treatment or Punishment, done at New York, December 
     10, 1994.
       (E) Applicants for relief and benefits under the 
     Immigration and Nationality Act pursuant to the amendments 
     made by the Trafficking Victims Protection Act of 2000 
     (division A of Public Law 106-386; 114 Stat. 1464), including 
     applicants for nonimmigrant status under subparagraph (T) or 
     (U) of section 101(a)(15) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)).
       (F) Applicants for relief and benefits under the 
     Immigration and Nationality Act pursuant to the amendments 
     made by the Violence Against Women Act of 2000 (division B of 
     Public Law 106-386; 114 Stat. 1491).
       (G) Unaccompanied alien children (as defined in 462(g) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

     SEC. __03. RECORDING SECONDARY INSPECTION INTERVIEWS.

       (a) In General.--The Secretary shall establish quality 
     assurance procedures to ensure the accuracy and verifiability 
     of signed or sworn statements taken by employees of the 
     Department exercising expedited removal authority under 
     section 235(b) of the Immigration and Nationality Act (8 
     U.S.C. 1225(b)).
       (b) Factors Relating to Sworn Statements.--Any sworn or 
     signed written statement taken of an alien as part of the 
     record of a proceeding under section 235(b)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) 
     shall be accompanied by a recording of the interview which 
     served as the basis for that sworn statement.
       (c) Recordings.--
       (1) In general.--The recording of the interview shall also 
     include the written statement, in its entirety, being read 
     back to the alien in a language that the alien claims to 
     understand, and the alien affirming the accuracy of the 
     statement or making any corrections thereto.
       (2) Format.--The recording shall be made in video, audio, 
     or other equally reliable format.
       (d) Exemption Authority.--
       (1) Subsections (b) and (c) shall not apply to interviews 
     that occur at facilities exempted by the Secretary pursuant 
     to this subsection.
       (2) The Secretary or the Secretary's designee may exempt 
     any facility based on a determination by the Secretary or the 
     Secretary's designee that compliance with subsections (b) and 
     (c) at that facility would impair operations or impose undue 
     burdens or costs.
       (3) The Secretary or the Secretary's designee shall report 
     annually to Congress on the facilities that have been 
     exempted pursuant to this subsection.
       (4) The exercise of the exemption authority granted by this 
     subsection shall not give rise to a private cause of action.
       (e) Interpreters.--The Secretary shall ensure that a 
     professional fluent interpreter is used when the interviewing 
     officer does not speak a language understood by the alien and 
     there is no other Federal, State, or local government 
     employee available who is able to interpret effectively, 
     accurately, and impartially.

     SEC. __04. PROCEDURES GOVERNING DETENTION DECISIONS.

       Section 236 (8 U.S.C. 1226) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) in the first sentence by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security'';
       (ii) by striking ``(c)'' and inserting ``(d)''; and
       (iii) in the second sentence by striking ``Attorney 
     General'' and inserting ``Secretary'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (II) by striking ``or'' at the end;

       (ii) in subparagraph (B), by striking ``but'' at the end; 
     and
       (iii) by inserting after subparagraph (B) the following:
       ``(C) the alien's own recognizance; or
       ``(D) a secure alternatives program as provided for in this 
     section; but'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (d), (e), (f), and (h), respectively;
       (3) by inserting after subsection (a) the following new 
     subsections:
       ``(b) Custody Decisions.--
       ``(1) In general.--In the case of a decision under 
     subsection (a) or (d), the following shall apply:
       ``(A) The decision shall be made in writing and shall be 
     served upon the alien. A decision to continue detention 
     without bond or parole shall specify in writing the reasons 
     for that decision.
       ``(B) The decision shall be served upon the alien within 72 
     hours of the alien's detention or, in the case of an alien 
     subject to section 235 or 241(a)(5) who must establish a 
     credible fear of persecution or a reasonable fear of 
     persecution or torture in order to proceed in immigration 
     court, within 72 hours of a positive credible fear of 
     persecution or reasonable fear of persecution or torture 
     determination.
       ``(2) Criteria to be considered.--The criteria to be 
     considered by the Secretary and the Attorney General in 
     making a custody decision shall include--
       ``(A) whether the alien poses a risk to public safety or 
     national security;
       ``(B) whether the alien is likely to appear for immigration 
     proceedings; and
       ``(C) any other relevant factors.
       ``(3) Custody redetermination.--An alien subject to this 
     section may at any time after being served with the 
     Secretary's decision under subsections (a) or (d) request a 
     redetermination of that decision by an immigration judge. All 
     decisions by the Secretary to detain without bond or parole 
     shall be subject to redetermination by an immigration judge 
     within 2 weeks from the time the alien was served with the 
     decision, unless waived by the alien. The alien may request a 
     further redetermination upon a showing of a material change 
     in circumstances since the last redetermination hearing.
       ``(c) Exception for Mandatory Detention.--Subsection (b) 
     shall not apply to any alien who is subject to mandatory 
     detention under section 235(b)(1)(B)(iii)(IV), 236(c), or 
     236A or who has a final order of removal and has no 
     proceedings pending before the Executive Office for 
     Immigration Review.'';
       (4) in subsection (d), as redesignated--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (B) by striking ``or parole'' and inserting ``, parole, or 
     decision to release;'';
       (5) in subsection (e), as redesignated--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary'' each place it appears; and

[[Page S7256]]

       (B) in paragraph (2), by inserting ``or for humanitarian 
     reasons,'' after ``such an investigation,'';
       (6) in subsection (f), as redesignated--
       (A) in the matter preceding paragraph (1), by striking 
     ``Attorney General'' and inserting ``Secretary'';
       (B) in paragraph (1), in subparagraphs (A) and (B), by 
     striking ``Service'' and inserting ``Department of Homeland 
     Security''; and
       (C) in paragraph (3), by striking ``Service'' and inserting 
     ``Secretary of Homeland Security'';
       (7) by inserting after subsection (f), as redesignated, the 
     following new subparagraph:
       ``(g) Administrative Review.--If an immigration judge's 
     custody decision has been stayed by the action of an officer 
     or employee of the Department of Homeland Security, the stay 
     shall expire in 30 days, unless the Board of Immigration 
     Appeals before that time, and upon motion, enters an order 
     continuing the stay.''; and
       (8) in subsection (h), as redesignated--
       (A) by striking ``Attorney General's'' and inserting 
     ``Secretary of Homeland Security's''; and
       (B) by striking ``Attorney General'' and inserting 
     ``Secretary''.

     SEC. __05. LEGAL ORIENTATION PROGRAM.

       (a) In General.--The Attorney General, in consultation with 
     the Secretary, shall ensure that all detained aliens in 
     immigration and asylum proceedings receive legal orientation 
     through a program administered and implemented by the 
     Executive Office for Immigration Review of the Department of 
     Justice.
       (b) Content of Program.--The legal orientation program 
     developed pursuant to this section shall be based on the 
     Legal Orientation Program carried out by the Executive Office 
     for Immigration Review on the date of the enactment of this 
     Act.
       (c) Expansion of Legal Assistance.--The Secretary shall 
     ensure the expansion through the United States Citizenship 
     and Immigration Service of public-private partnerships that 
     facilitate pro bono counseling and legal assistance for 
     asylum seekers awaiting a credible fear of persecution 
     interview, as a continuation of existing programs, such as 
     the pilot program developed in Arlington, Virginia by the 
     United States Citizenship and Immigration Service.

     SEC. __06. CONDITIONS OF DETENTION.

       (a) In General.--The Secretary shall ensure that standards 
     governing conditions and procedures at detention facilities 
     are fully implemented and enforced, and that all detention 
     facilities comply with the standards.
       (b) Procedures and Standards.--The Secretary shall 
     promulgate new standards, or modify existing detention 
     standards, to improve conditions in detention facilities. The 
     improvements shall address at a minimum the following 
     policies and procedures:
       (1) Fair and humane treatment.--Procedures to ensure that 
     detainees are not subject to degrading or inhumane treatment 
     such as physical abuse, sexual abuse or harassment, or 
     arbitrary punishment.
       (2) Limitations on solitary confinement.--Procedures 
     limiting the use of solitary confinement, shackling, and 
     strip searches of detainees to situations where the use of 
     such techniques is necessitated by security interests or 
     other extraordinary circumstances.
       (3) Investigation of grievances.--Procedures for the prompt 
     and effective investigation of grievances raised by 
     detainees.
       (4) Access to telephones.--Procedures permitting detainees 
     sufficient access to telephones, and the ability to contact, 
     free of charge, legal representatives, the immigration 
     courts, the Board of Immigration Appeals, and the Federal 
     courts through confidential toll-free numbers.
       (5) Location of facilities.--Location of detention 
     facilities, to the extent practicable, near sources of free 
     or low-cost legal representation with expertise in asylum or 
     immigration law.
       (6) Procedures governing transfers of detainees.--
     Procedures governing the transfer of a detainee that take 
     into account--
       (A) the detainee's access to legal representatives; and
       (B) the proximity of the facility to the venue of the 
     asylum or removal proceeding.
       (7) Quality of medical care.--
       (A) In general.--Prompt and adequate medical care provided 
     at no cost to the detainee, including dental care, eye care, 
     mental health care, and where appropriate, individual and 
     group counseling, medical dietary needs, and other medically 
     necessary specialized care. Medical facilities in all 
     detention facilities used by the Department maintain current 
     accreditation by the National Commission on Correctional 
     Health Care (NCCHC). Requirements that each medical facility 
     that is not accredited by the Joint Commission on the 
     Accreditation of Health Care Organizations (JCAHO) will seek 
     to obtain such accreditation. Maintenance of complete medical 
     records for every detainee which shall be made available upon 
     request to a detainee, his legal representative, or other 
     authorized individuals.
       (8) Translation capabilities.--The employment of detention 
     facility staff that, to the extent practicable, are qualified 
     in the languages represented in the population of detainees 
     at a detention facility, and the provision of alternative 
     translation services when necessary.
       (9) Recreational programs and activities.--Daily access to 
     indoor and outdoor recreational programs and activities.
       (c) Special Standards for Noncriminal Detainees.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the distinctions between persons with 
     criminal convictions or a history of violent behavior and all 
     other detainees; and
       (2) ensure that procedures and conditions of detention are 
     appropriate for a noncriminal, nonviolent population.
       (d) Special Standards for Vulnerable Populations.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the unique needs of asylum seekers, victims 
     of torture and trafficking, families with children, detainees 
     who do not speak English, detainees with special religious, 
     cultural or spiritual considerations, and other vulnerable 
     populations; and
       (2) ensure that procedures and conditions of detention are 
     appropriate for the populations listed in this subsection.
       (e) Training of Personnel.--
       (1) In general.--The Secretary shall ensure that personnel 
     in detention facilities are given specialized training to 
     better understand and work with the population of detainees 
     held at the facilities where such personnel work. The 
     training should address the unique needs of--
       (A) asylum seekers;
       (B) victims of torture or other trauma; and
       (C) other vulnerable populations.
       (2) Specialized training.--The training required by this 
     subsection shall be designed to better enable personnel to 
     work with detainees from different countries, and detainees 
     who cannot speak English. The training shall emphasize that 
     many detainees have no criminal records and are being held 
     for civil violations.

     SEC. __07. OFFICE OF DETENTION OVERSIGHT.

       (a) Establishment of the Office.--
       (1) In general.--There shall be established within the 
     Department an Office of Detention Oversight (in this section 
     referred to as the ``Office'').
       (2) Head of the office.--There shall be at the head of the 
     Office an Administrator who shall be appointed by, and shall 
     report to, the Secretary.
       (3) Schedule.--The Office shall be established and the 
     Administrator of the Office appointed not later than 6 months 
     after the date of enactment of this Act.
       (b) Responsibilities of the Office.--
       (1) Inspections of detention centers.--The Administrator of 
     the Office shall--
       (A) undertake frequent and unannounced inspections of all 
     detention facilities;
       (B) develop a procedure for any detainee or the detainee's 
     representative to file a written complaint directly with the 
     Office; and
       (C) report to the Secretary and to the Assistant Secretary 
     of Homeland Security for United States Immigration and 
     Customs Enforcement all findings of a detention facility's 
     noncompliance with detention standards.
       (2) Investigations.--The Administrator of the Office 
     shall--
       (A) initiate investigations, as appropriate, into 
     allegations of systemic problems at detention facilities or 
     incidents that constitute serious violations of detention 
     standards;
       (B) report to the Secretary and the Assistant Secretary of 
     Homeland Security for United States Immigration and Customs 
     Enforcement the results of all investigations; and
       (C) refer matters, where appropriate, for further action 
     to--
       (i) the Department of Justice;
       (ii) the Office of the Inspector General of the Department;
       (iii) the Office of Civil Rights and Civil Liberties of the 
     Department; or
       (iv) any other relevant office or agency.
       (3) Report to congress.--
       (A) In general.--The Administrator of the Office shall 
     submit to the Secretary, the Committee on the Judiciary and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, and the Committee on the Judiciary and the 
     Committee on Homeland Security of the House of 
     Representatives an annual report on the Administrator's 
     findings on detention conditions and the results of the 
     investigations carried out by the Administrator.
       (B) Contents of report.--Each report required by 
     subparagraph (A) shall include--
       (i) a description of the actions to remedy findings of 
     noncompliance or other problems that are taken by the 
     Secretary or the Assistant Secretary of Homeland Security for 
     United States Immigration and Customs Enforcement, and each 
     detention facility found to be in noncompliance; and
       (ii) information regarding whether such actions were 
     successful and resulted in compliance with detention 
     standards.
       (4) Review of complaints by detainees.--The Administrator 
     of the Office shall establish procedures to receive and 
     review complaints of violations of the detention standards 
     promulgated by the Secretary. The procedures shall protect 
     the anonymity of the claimant, including detainees, 
     employees, or others, from retaliation.
       (c) Cooperation With Other Offices and Agencies.--Whenever 
     appropriate, the Administrator of the Office shall cooperate 
     and coordinate its activities with--
       (1) the Office of the Inspector General of the Department;
       (2) the Office of Civil Rights and Civil Liberties of the 
     Department;
       (3) the Privacy Officer of the Department;

[[Page S7257]]

       (4) the Civil Rights Division of the Department of Justice; 
     or
       (5) any other relevant office or agency.

     SEC. __08. SECURE ALTERNATIVES PROGRAM.

       (a) Establishment of Program.--The Secretary shall 
     establish a secure alternatives program under which an alien 
     who has been detained may be released under enhanced 
     supervision to prevent the alien from absconding and to 
     ensure that the alien makes appearances related to such 
     detention.
       (b) Program Requirements.--
       (1) Nationwide implementation.--The Secretary shall 
     facilitate the development of the secure alternatives program 
     on a nationwide basis, as a continuation of existing pilot 
     programs such as the Intensive Supervision Appearance Program 
     developed by the Department.
       (2) Utilization of alternatives.--The secure alternatives 
     program shall utilize a continuum of alternatives based on 
     the alien's need for supervision, including placement of the 
     alien with an individual or organizational sponsor, or in a 
     supervised group home.
       (3) Aliens eligible for secure alternatives program.--
       (A) In general.--Aliens who would otherwise be subject to 
     detention based on a consideration of the release criteria in 
     section 236(b)(2), or who are released pursuant to section 
     236(e)(2), shall be considered for the secure alternatives 
     program.
       (B) Design of programs.--Secure alternatives programs shall 
     be designed to ensure sufficient supervision of the 
     population described in subparagraph (A).
       (4) Contracts.--The Secretary shall enter into contracts 
     with qualified nongovernmental entities to implement the 
     secure alternatives program.
       (5) Other considerations.--In designing such program, the 
     Secretary shall--
       (A) consult with relevant experts; and
       (B) consider programs that have proven successful in the 
     past, including the Appearance Assistance Program developed 
     by the Vera Institute and the Intensive Supervision 
     Appearance Program.

     SEC. __09. LESS RESTRICTIVE DETENTION FACILITIES.

       (a) Construction.--The Secretary shall facilitate the 
     construction or use of secure but less restrictive detention 
     facilities.
       (b) Criteria.--In developing detention facilities pursuant 
     to this section, the Secretary shall--
       (1) consider the design, operation, and conditions of 
     existing secure but less restrictive detention facilities, 
     such as the Department's detention facilities in Broward 
     County, Florida, and Berks County, Pennsylvania;
       (2) to the extent practicable, construct or use detention 
     facilities where--
       (A) movement within and between indoor and outdoor areas of 
     the facility is subject to minimal restrictions;
       (B) detainees have ready access to social, psychological, 
     and medical services;
       (C) detainees with special needs, including those who have 
     experienced trauma or torture, have ready access to services 
     and treatment addressing their needs;
       (D) detainees have ready access to programs and recreation;
       (E) detainees are permitted contact visits with legal 
     representatives and family members; and
       (F) special facilities are provided to families with 
     children.
       (c) Facilities for Families With Children.--For situations 
     where release or secure alternatives programs are not an 
     option, the Secretary shall, to the extent practicable, 
     ensure that special detention facilities are specifically 
     designed to house parents with their minor children, 
     including ensuring that--
       (1) procedures and conditions of detention are appropriate 
     for families with minor children; and
       (2) living and sleeping quarters for children under 14 
     years of age are not physically separated from at least 1 of 
     the child's parents.
       (d) Placement in Nonpunitive Facilities.--Among the factors 
     to be considered with respect to placing a detainee in a less 
     restrictive facility is whether the detainee is--
       (1) an asylum seeker;
       (2) part of a family with minor children;
       (3) a member of a vulnerable population; or
       (4) a nonviolent, noncriminal detainee.
       (e) Procedures and Standards.--Where necessary, the 
     Secretary shall promulgate new standards, or modify existing 
     detention standards, to promote the development of less 
     restrictive detention facilities.

     SEC. __10. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this subtitle.
       (b) Effective Date.--This subtitle and the amendments made 
     by this subtitle shall take effect on the date that is 6 
     months after the date of enactment of this Act.
                                 ______
                                 
  SA 1455. Mr. LAUTENBERG (for himself, Mr. Brownback, Mr. Menendez, 
and Mrs. Clinton) 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, between lines 32 and 33, insert the following 
     new subsection:
       (f) Adjustment of Status for Certain Victims of 
     Terrorism.--
       (1) Specified terrorist activity.--In this subsection, the 
     term ``specified terrorist activity'' means any terrorist 
     activity conducted against the Government or the people of 
     the United States on September 11, 2001.
       (2) Adjustment of status.--
       (A) In general.--The Secretary shall adjust the status of 
     any alien described in paragraph (3) to that of an alien 
     lawfully admitted for permanent residence, if the alien--
       (i) applies for such adjustment not later than 2 years 
     after the date on which the Secretary establishes procedures 
     to implement this subsection; and
       (ii) is otherwise admissible to the United States for 
     permanent residence, except in determining such admissibility 
     the grounds for inadmissibility specified in paragraphs (4), 
     (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (B) Rules in applying certain provisions.--
       (i) In general.--In the case of an alien described in 
     paragraph (3) who is applying for adjustment of status under 
     this subsection--

       (I) the provisions of section 241(a)(5) of the Immigration 
     and Nationality Act (8 U.S.C. 1231(a)(5)) shall not apply; 
     and
       (II) the Secretary may grant the alien a waiver on the 
     grounds of inadmissibility under subparagraphs (A) and (C) of 
     section 212(a)(9) of such Act (8 U.S.C. 1182(a)(9)).

       (ii) Standards.--In granting waivers under clause (i)(II), 
     the Secretary shall use standards used in granting consent 
     under subparagraphs (A)(iii) and (C)(ii) of such section 
     212(a)(9).
       (C) Relationship of application to certain orders.--
       (i) Application permitted.--An alien who is present in the 
     United States and has been ordered excluded, deported, 
     removed, or ordered to depart voluntarily from the United 
     States under any provision of the Immigration and Nationality 
     Act (8 U.S.C. 1101 et seq.) may apply for adjustment of 
     status under subparagraph (A).
       (ii) Motion not required.--An alien described in clause (i) 
     may not be required, as a condition of submitting or granting 
     such application, to file a separate motion to reopen, 
     reconsider, or vacate such order.
       (iii) Effect of decision.--If the Secretary grants a 
     request under clause (i), the Secretary shall cancel the 
     order. If the Secretary renders a final administrative 
     decision to deny the request, the order shall be effective 
     and enforceable to the same extent as if the application had 
     not been made.
       (3) Aliens eligible for adjustment of status.--Subject to 
     paragraph (7), the benefits under paragraph (2) shall apply 
     to any alien who--
       (A) was lawfully present in the United States as a 
     nonimmigrant alien under the immigration laws of the United 
     States on September 10, 2001;
       (B) was, on such date, the spouse, child, dependent son, or 
     dependent daughter of an alien who--
       (i) was lawfully present in the United States as a 
     nonimmigrant under the immigration laws of the United States 
     on such date; and
       (ii) died as a direct result of a specified terrorist 
     activity; and
       (C) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (4) Stay of removal; work authorization.--
       (A) In general.--The Secretary shall establish a process by 
     which an alien subject to a final order of removal may seek a 
     stay of such order based on the filing of an application 
     under paragraph (2).
       (B) During certain proceedings.--The Secretary may not 
     order any alien to be removed from the United States, if the 
     alien is in removal proceedings under any provision of such 
     Act and has applied for adjustment of status under paragraph 
     (2), unless the Secretary has rendered a final administrative 
     determination to deny the application.
       (C) Work authorization.--The Secretary shall authorize an 
     alien who was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note), and who has applied for adjustment of status 
     under paragraph (2) to engage in employment in the United 
     States during the pendency of such application.
       (5) Availability of administrative review.--The Secretary 
     shall provide to applicants for adjustment of status under 
     paragraph (2) the same right to, and procedures for, 
     administrative review as are provided to--
       (A) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255); or
       (B) aliens subject to removal proceedings under section 240 
     of such Act (8 U.S.C. 1229a).
       (6) Cancellation of removal for certain immigrant victims 
     of terrorism.--
       (A) In general.--Subject to the provisions of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
     (other than subsections (b)(1), (d)(1), and (e) of section 
     240A of such Act (8 U.S.C. 1229b)) and paragraph (7) of this 
     subsection, the Secretary shall, under such section 240A, 
     cancel the removal of, and adjust to the status of an alien 
     lawfully admitted for permanent residence, an alien described 
     in subparagraph (B), if the alien applies for such relief.

[[Page S7258]]

       (B) Aliens eligible for cancellation of removal.--The 
     benefits provided by subparagraph (A) shall apply to any 
     alien who--
       (i) was, on September 10, 2001, the spouse, child, 
     dependent son, or dependent daughter of an alien who died as 
     a direct result of a specified terrorist activity; and
       (ii) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (C) Stay of removal; work authorization.--
       (i) In general.--The Secretary shall establish a process to 
     provide for an alien subject to a final order of removal to 
     seek a stay of such order based on the filing of an 
     application under subparagraph (A).
       (ii) Work authorization.--The Secretary shall authorize an 
     alien who was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note), and who has applied for cancellation of removal 
     under subparagraph (A) to engage in employment in the United 
     States during the pendency of such application.
       (D) Motions to reopen removal proceedings.--
       (i) In general.--On motions to reopen removal proceedings 
     (except limitations premised on an alien's conviction of an 
     aggravated felony (as defined in section 101(a)(43) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)(43))), any 
     alien who has become eligible for cancellation of removal as 
     a result of the enactment of this section may file 1 motion 
     to reopen removal proceedings to apply for such relief.
       (ii) Filing period.--The Secretary shall designate a 
     specific time period in which all such motions to reopen are 
     required to be filed. The period shall begin not later than 
     60 days after the date of the enactment of this Act and shall 
     extend for a period not to exceed 240 days.
       (7) Exceptions.--Notwithstanding any other provision of 
     this subsection, an alien may not be provided relief under 
     this subsection if the alien is--
       (A) inadmissible under paragraph (2) or (3) of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)), or deportable under paragraph (2) or (4) of section 
     237(a) of such Act (8 U.S.C. 1227(a)), including any 
     individual culpable for a specified terrorist activity; or
       (B) a family member of an alien described in subparagraph 
     (A).
       (8) Evidence of death.--For purposes of this subsection, 
     the Secretary shall use the standards established under 
     section 426 of the Uniting and Strengthening America by 
     Providing Appropriate Tools Required to Intercept and 
     Obstruct Terrorism (USA PATRIOT Act) Act of 2001 (115 Stat. 
     362) in determining whether death occurred as a direct result 
     of a specified terrorist activity.
       (9) Authority of the attorney general.--The requirements 
     and authorities under this subsection pertaining to the 
     Secretary, other than the authority to grant work 
     authorization, shall apply to the Attorney General with 
     respect to cases otherwise within the jurisdiction of the 
     Executive Office for Immigration Review.
       (10) Process for implementation.--The Secretary and the 
     Attorney General--
       (A) shall carry out this subsection as expeditiously as 
     possible;
       (B) are not required to promulgate regulations before 
     implementing this subsection; and
       (C) shall promulgate procedures to implement this 
     subsection not later than 180 days after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1456. Mrs. FEINSTEIN (for herself and Mr. Cornyn) submitted an 
amendment intended to be proposed by her to the bill S. 1348, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. _. HUMAN TRAFFICKING AWARENESS.

       (a) Findings.--Congress finds that:
       (1) The United States has a tradition of advancing 
     fundamental human rights.
       (2) Because the people of the United States remain 
     committed to protecting individual freedom, there is a 
     national imperative to eliminate human trafficking, including 
     early or forced marriage, commercial sexual exploitation, 
     forced labor, labor obtained through debt bondage, 
     involuntary servitude, slavery, and slavery by descent.
       (3) To combat human trafficking in the United States and 
     globally, the people of the United States and the Federal 
     Government, including local and State governments, must be 
     aware of the realities of human trafficking and must be 
     dedicated to stopping this contemporary manifestation of 
     slavery.
       (4) Beyond all differences of race, creed, or political 
     persuasion, the people of the United States face national 
     threats together and refuse to let human trafficking exist in 
     the United States and around the world.
       (5) The United States should actively oppose all 
     individuals, groups, organizations, and nations who support, 
     advance, or commit acts of human trafficking.
       (6) The United States must also work to end human 
     trafficking around the world through education.
       (7) Victims of human trafficking need support in order to 
     escape and to recover from the physical, mental, emotional, 
     and spiritual trauma associated with their victimization.
       (8) Human traffickers use many physical and psychological 
     techniques to control their victims, including the use of 
     violence or threats of violence against the victim or the 
     victim's family, isolation from the public, isolation from 
     the victim's family and religious or ethnic communities, 
     language and cultural barriers, shame, control of the 
     victim's possessions, confiscation of passports and other 
     identification documents, and threats of arrest, deportation, 
     or imprisonment if the victim attempts to reach out for 
     assistance or to leave.
       (9) Although laws to prosecute perpetrators of human 
     trafficking and to assist and protect victims of human 
     trafficking have been enacted in the United States, awareness 
     of the issues surrounding human trafficking by those people 
     most likely to come into contact with victims is essential 
     for effective enforcement because the techniques that 
     traffickers use to keep their victims enslaved severely limit 
     self-reporting.
       (10) The effort by individuals, businesses, organizations, 
     and governing bodies to promote the observance of the 
     National Day of Human Trafficking Awareness on January 11 of 
     each year represents one of the many examples of the ongoing 
     commitment in the United States to raise awareness of and to 
     actively oppose human trafficking.
       (b) Sense of the Congress.--It is the sense of Congress 
     that Congress supports the goals and ideals of observing the 
     National Day of Human Trafficking Awareness on January 11 of 
     each year and all other efforts to raise awareness of and 
     opposition to human trafficking.
                                 ______
                                 
  SA 1457. Mrs. FEINSTEIN 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 title I, add the following:

     SEC. __. TECHNICAL CORRECTIONS.

       (a) In General.--
       (1) Redesignations.--Chapter 27 of title 18, United States 
     Code, is amended by redesignating section 554 added by 
     section 551(a) of the Department of Homeland Security 
     Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1389) 
     (relating to border tunnels and passages) as section 555.
       (2) Table of sections.--The table of sections for chapter 
     27 of title 18, United States Code, is amended by striking 
     the item relating to section 554, ``Border tunnels and 
     passages'', and inserting the following:

``555. Border tunnels and passages.''.

       (b) Criminal Forfeiture.--Section 982(a)(6)of title 18, 
     United States Code, is amended by striking ``554'' and 
     inserting ``555''.
       (c) Directive to the United States Sentencing Commission.--
     Section 551(d) of the Department of Homeland Security 
     Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1390) 
     is amended in paragraphs (1) and (2)(A) by striking ``554'' 
     and inserting ``555''.
                                 ______
                                 
  SA 1458. 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 304, strike lines 2 through 20 and insert the 
     following:
       (ii) Application.--A Z-1 non-immigrant'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 1459. 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;

[[Page S7259]]

       ``(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).
                                 ______
                                 
  SA 1460. Mr. KYL (for himself, Mr. Specter, and Mr. Martinez) 
submitted an amendment intended to be proposed to amendment SA 1150 
proposed by Mr. Reid (for Mr. Kennedy (for himself and Mr. Specter)) to 
the bill S. 1348, to provide for comprehensive immigration reform and 
for other purposes; as follows:

       Beginning on page 270, strike lines 31 and 32, and insert 
     the following:
       ``(3) Family-based visa petitions filed before january 1, 
     2007, for which visas will be available before january 1, 
     2027.--
       ``(A) In general.--The allocation of immigrant visas 
     described in paragraph (4) shall apply to an alien for whom--
       ``(i) a family-based visa petition was filed on or before 
     January 1, 2007; and
       ``(ii) as of January 1, 2007, the Secretary of Homeland 
     Security calculates under subparagraph (B) that a visa can 
     reasonably be expected to become available before January 1, 
     2027.
       ``(B) Reasonable expectation of availablity of visas.--In 
     calculating the date on which a family-based visa can 
     reasonably be expected to become available for an alien 
     described in subparagraph (A), the Secretary of Homeland 
     Security shall take into account--
       ``(i) the number of visas allocated annually for the family 
     preference class under which the alien's petition was filed;
       ``(ii) the effect of any per country ceilings applicable to 
     the alien's petition;
       ``(iii) the number of petitions filed before the alien's 
     petition was filed that were filed under the same family 
     preference class; and
       ``(iv) the rate at which visas made available in the family 
     preference class under which the alien's petition was filed 
     were unclaimed in previous years.
       ``(4) Allocation of family-based immigrant visas.--''.
                                 ______
                                 
  SA 1461. Mr. KYL (for himself, Mr. Specter, 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:

       On page 239, strike line 419(b)
       On page 260, line 39 strike ``and''
       On page 260, line 44, insert the following: ``;and
       (iii) up to 40,000 will be for aliens who met the 
     specifications set forth in section 203(b)(1) of the 
     Immigration and Nationality Act (as of January 1, 2007)
       (iv) the remaining visas be allocated as follows:
       (a) in FY 2008 through 2009, 85,401 will be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section
       (b) in FY 2010, 56,934 will be for aliens who are the 
     beneficiaries of a petition filed by an employer on their 
     behalf under this section
       (c) in FY 2011, 28,467 will be for aliens who are the 
     beneficiaries of a petition filed by an employer on their 
     behalf under this section
       (d) in FY 2012, 14,234 will be for aliens who are the 
     beneficiaries of a petition filed by an employer on their 
     behalf under this section
       On page 265, line 16, insert the following:
       (G) Any employer desiring and intending to employ within 
     the United States an alien qualified under (A) may file a 
     petition with the Secretary of Homeland Security for such 
     classification
       (H) The Secretary of Homeland Security shall collect 
     applications and petitions by July 1 of each fiscal year and 
     will adjudicate from the pool of applicants received for that 
     fiscal year, from the highest to the lowest, the determined 
     number of points necessary for the fiscal year. If the number 
     of applications and petitions submitted that meet the merit 
     based threshold is insufficient for the number of visas 
     available that year, the Secretary is authorized to continue 
     accepting applications and petitions at a date determined by 
     the Secretary to adjudicate the applications and petitions 
     under this section.
       Section 214(g) is amended by adding at the end the 
     following new subsection--
       ``(13) An employer that has at least 1,000 full-time 
     employees who are employed in the United States, including 
     employment authorized aliens, and employs aliens admitted or 
     provided status as a nonimmigrant described in section 
     101(a)(15)(H)(i)(b) in a number that is equal to at least 15 
     percent of the number of such full-time employees, may file 
     no more than 1,000 petitions under subsection (c) to import 
     aliens under section 101(a)(15)(H)(i)(b) in any fiscal 
     year.''
                                 ______
                                 
  SA 1462. Mr. MARTINEZ (for himself, Mr. Specter, Mr. Kyl, Mr. McCain, 
and Mr. Graham) 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 409, strike paragraphs (1) and (2) and insert 
     the following:
       (1) in paragraph (1)--
       (A) by striking ``(beginning with fiscal year 1992)'';
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) under section 101(a)(15)(Y)(i), may not exceed--
       ``(i) for the first fiscal year after the effective date 
     described in section 401(c) of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007, 200,000; or
       ``(ii) in any subsequent fiscal year, the lesser of--

       ``(I) the number for the previous fiscal year, as adjusted 
     in accordance with paragraph (2)(B); or
       ``(II) 600,000;

       ``(C) under clause (iii) of section 101(a)(15)(Y), may not 
     exceed 20 percent of the annual limit on admissions of aliens 
     under clause (i) of such section for that fiscal year; or
       ``(D) under section 101(a)(15)(Y)(ii)(II), may not exceed--
       ``(i) for the first fiscal year after the effective date 
     referred to in subparagraph (B)(i), 100,000; or
       ``(ii) in any subsequent fiscal year, the lesser of--

       ``(I) the number for the previous fiscal year as adjusted 
     in accordance with paragraph (2)(A); or
       ``(II) 200,000.''; and

       (2) by redesignating paragraphs (2) through (11) as 
     paragraphs (3) through (12), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) Market-based adjustment.--
       ``(A) In general.--With respect to the numerical limitation 
     in subparagraph (A)(ii) or (D)(ii) of paragraph (1)--
       ``(i) if the total number of visas allocated for that 
     fiscal year are issued during the first 6 months that fiscal 
     year, an additional 15 percent of the allocated number shall 
     be made available immediately and the allocated amount for 
     the following fiscal year shall increase by 15 percent of the 
     original allocated amount in the prior fiscal year;
       ``(ii) if the total number of visas allocated for that 
     fiscal year are issued before the end of that fiscal year, 
     the allocated amount for the following fiscal year shall 
     increase by 10 percent of the original allocated amount in 
     the prior fiscal year; or
       ``(iii) for any fiscal year after the first subsequent 
     fiscal year to the fiscal year in which the program is 
     implemented, if fewer visas were allotted the previous fiscal 
     year than the number of visas allocated for that year and the 
     reason was not due to processing delays or delays in 
     promulgating regulations, then the allocated amount for the 
     following fiscal year shall decrease by 10 percent of the 
     allocated amount in the prior fiscal year.
       ``(B) Y-1 nonimmigrants.--With respect to the numerical 
     limitation in subparagraph (B)(ii) of paragraph (1)--
       ``(i) if the total number of visas allocated for that 
     fiscal year are issued before the end of that fiscal year and 
     the total number of such visas was--

       ``(I) not more than 400,000, the allocated amount for the 
     following fiscal year shall increase by 15 percent of the 
     original allocated amount in the prior fiscal year; or
       ``(II) more than 400,000, the allocated amount for the 
     following fiscal year shall increase by 10 percent of the 
     original allocated amount in the prior fiscal year; or

       ``(ii) for any fiscal year after the first subsequent 
     fiscal year to the fiscal year in which the program is 
     implemented, if fewer visas were allotted the previous fiscal 
     year than the number of visas allocated for that year and the 
     reason was not due to processing delays or delays in 
     promulgating regulations, then the allocated amount for the 
     following fiscal year shall decrease by 10 percent of the 
     allocated amount in the prior fiscal year.''.


[[Page S7260]]


                                 ______
                                 
  SA 1463. Mr. MARTINEZ (for himself, Mr. Specter, Mr. Kyl, Mr. McCain, 
and Mr. Graham) 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 409, strike paragraphs (1) and (2) and insert 
     the following:
       (1) in paragraph (1)--
       (A) by striking ``(beginning with fiscal year 1992)'';
       (B) by striking subparagraph (B) and inserting the 
     following:
       ``(B) under section 101(a)(15)(Y)(i), may not exceed--
       ``(i) for the first fiscal year after the effective date 
     described in section 401(c) of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007, 200,000; or
       ``(ii) in any subsequent fiscal year, the lesser of--

       ``(I) the number for the previous fiscal year as adjusted 
     in accordance with paragraph (2); or
       ``(II) 400,000;

       ``(C) under clause (iii) of section 101(a)(15)(Y), may not 
     exceed 20 percent of the annual limit on admissions of aliens 
     under clause (i) of such section for that fiscal year; or
       ``(D) under section 101(a)(15)(Y)(ii)(II), may not exceed--
       ``(i) for the first fiscal year after the effective date 
     referred to in subparagraph (B)(i), 100,000; or
       ``(ii) in any subsequent fiscal year, the lesser of--

       ``(I) the number for the previous fiscal year as adjusted 
     in accordance with paragraph (2); or
       ``(II) 200,000.''; and

       (2) by redesignating paragraphs (2) through (11) as 
     paragraphs (3) through (12), respectively;
       (3) by inserting after paragraph (1) the following:
       ``(2) Market-based adjustment.--With respect to the 
     numerical limitation set in subparagraph (A)(ii), (B)(ii), 
     and (D)(ii) of paragraph (1)--
       ``(A) if the total number of visas allocated for that 
     fiscal year are issued before the end of that fiscal year, 
     the allocated amount for the following fiscal year shall 
     increase by 15 percent of the original allocated amount in 
     the prior fiscal year; or
       ``(B) for any fiscal year after the first subsequent fiscal 
     year to the fiscal year in which the program is implemented, 
     if fewer visas were allotted the previous fiscal year than 
     the number of visas allocated for that year and the reason 
     was not due to processing delays or delays in promulgating 
     regulations, then the allocated amount for the following 
     fiscal year shall decrease by 10 percent of the allocated 
     amount in the prior fiscal year.''.

                                 ______
                                 
  SA 1464. Mr. MARTINEZ (for himself, Mr. Specter, Mr. Kyl, Mr. McCain, 
and Mr. Graham) 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 224, between lines 29 and 30, and insert the 
     following:
       (3) by amending paragraph (3), as redesignated by paragraph 
     (2) of this section, to read as follows:
       ``(3) The numerical limitations of paragraph (1)--
       ``(A) shall apply to principal aliens and not to the 
     spouses or children of such aliens; and
       ``(B) shall not apply to aliens seeking nonimmigrant status 
     under section 101(a)(15)(Y)(i) for a fiscal year who have 
     been granted nonimmigrant status under such section during a 
     previous fiscal year.''; and

                                 ______
                                 
  SA 1465. Mr. GRAHAM (for himself, Mr. Kyl, and Mr. McCain) 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 157, strike lines 34 through 39, and insert the 
     following:
       (2) Overstay.--Except as provided in paragraphs (3) and 
     (4), an alien who knowingly remains in the United States for 
     more than 30 days after the expiration of the period of 
     authorized admission for such alien shall be--
       (A) imprisoned for not less than 60 days; and
       (B) barred permanently from receiving benefits under the 
     immigration laws of the United States.
       On page 150, strike lines 4 through 20.
       On page 286, beginning on line 4, strike all through line 
     10, and insert the following:
       (iii) for humanitarian purposes, to ensure family unity, or 
     if such waiver is otherwise in the public interest, the 
     Secretary may, in the Secretary's discretion, waive the 
     application of paragraphs (1)(C), (2)(D)(i) (when the alien 
     demonstrates that such actions or activities were committed 
     involuntarily), (5)(A), (6)(A) (with respect to entries 
     occurring before January 1, 2007), (6)(C)(ii), (6)(D), 
     (6)(F), (6)(G), (7), (9)(B), (9)(C)(i)(I), and (10)(B) of 
     section 212(a) of the Immigration and Nationality Act; and
       In Section 1. Effective Date Triggers,
       On page 3, line 43 insert the following:
       (d) the Secretary of the Department of Homeland Security 
     shall promptly identify, investigate, and initiate removal 
     proceedings against every alien who was admitted to the 
     United States under Section 101(a)(15)(H)(ii) (as amended by 
     Title IV); Section 101(a)(15)(Y); or Section 101(a)(15)(B) 
     (admitted under the terms and conditions of Section 214(s)) 
     of the ACT, and who has exceeded the alien's authorized 
     period of admission or otherwise violated any terms of the 
     nonimmigrant classification in which the alien was admitted. 
     In conducting such removals, the Secretary shall give 
     priority to aliens who may pose a threat to national 
     security, homeland security, or public safety.
       Parent Visas:
       (a) Paragraph 506(b) is amended by striking ``$1,000'' and 
     inserting ``$2,500''
       Fee for the new trigger language regarding the 
     establishment and deployment of a Y departure tracking 
     system.
       (a) Paragraph 218A(e), as created by the Secure Borders, 
     Economic Opportunity and Immigration Reform Act of 2007, is 
     amended as follows:
       (1) In subparagraph (3)--
       (A) To redesignate paragraphs (C), (D) and (E) as 
     paragraphs (D), (E), and (F), respectively;
       (B) To add a new paragraph (C) to read as follows:
       ``(C) An Exit Tracking Fee, in an amount set by Secretary 
     at a level that will ensure recovery of the full costs of 
     providing the Y nonimmigrant visa exit system described in 
     section 1(a)(6) of the Secure Borders, Economic Opportunity 
     and Immigration Reform Act of 2007 and any additional costs 
     associated with the administration of the fees collected''; 
     and
       (C) To add a new paragraph (G) to read as follows:
       ``(G) Deposit and Disposition of Departure Fee.--The funds 
     described in subparagraph (C) shall be deposited and remain 
     available as the Secretary may prescribe to carry out the 
     purposes as described in 218A(e)(3)(C).''
       Affidavit requirements:
       (a) Amend paragraph (i) of section 601
       (1) in subparagraph (2)
       (A) amend paragraph (D)(ii) to read as follows:
       ``(ii) set by notice in the Federal Register such terms and 
     conditions and minimum standards for affidavits described in 
     (C)(VI) as are necessary, when such affidavits are reviewed 
     in combination with the other documentation as described (A) 
     or (C), to reliably demonstrate and provide for verification 
     of the identity of any affiant or verification of the 
     physical presence, identity, or employment information 
     averred to by the affiant, or to otherwise prevent fraudulent 
     submissions.''
       Background Checks--
       Section 601(g)(3)(B) is amended by adding ``and any other 
     appropriate information'' after ``biometric data provided by 
     the alien.''
       Section 601(h)(2) is amended by adding prior to the period 
     at the end of the subsection: ``unless that the Secretary 
     determines, in his discretion, that there are articulable 
     reasons to suspect that the alien may be a danger to the 
     security of the United States or to the public safety. If the 
     Secretary determines that the alien may be a danger to the 
     security of the United States or to the public safety, the 
     Secretary shall endeavor to determine eligibility for Z 
     status as expeditiously as possible.''
       Security Checks/Electronic Registration System--
       (a) add a new section to title VI to read as follows:

     SEC. 626. ELECTRONIC SYSTEM FOR THE PRE-REGISTRATION FOR 
                   APPLICANTS FOR Z AND Z-A STATUS.

       The Secretary of Homeland Security may establish an online 
     registration process allowing applicants for Z and Z-A 
     nonimmigrant status to provide, in advance of the application 
     described in paragraph 601(f), such biographical information 
     and other information as the Secretary shall prescribe for 
     the purpose of (1) providing applicants with an appointment 
     to provide fingerprints and other biometric data at a DHS 
     facility, (2) initiating background checks based on such 
     information, and (3) other purposes consistent with this Act.
     Treatment of Certain Criminal Aliens
       Strike page 47, line 38-page 48 line 2 and insert:
       ``(b) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to any conviction that occurred before, on, 
     or after enactment of this Act.''
       Exit System Trigger for Y Visas--p.3, line 25 add as 
     section 1(a)(6):
       (6) Visa exit tracking system: The Department of Homeland 
     Security has established and deployed a system capable of 
     recording the departure of aliens admitted under section 
     101(a)(15)(Y) of the Immigration and Nationality Act, at 
     designated ports of entry or designated U.S. Consulates 
     abroad.
       Strike section 111(a) in its entirety and replace with
       (a) Section 215 of the Immigration and Nationality Act, (8 
     U.S.C. 1185) is amended--
       (1) by redesignating subsection (c) as subsection (h);
       (2) by moving redesignated subsection (h), as redesignated 
     by paragraph (1) to the end;

[[Page S7261]]

       (3) by redesignating subsections (d), (e), and (f) as 
     subsections (e), (f), and (g); and
       (4) by inserting after subsection (b) the following:
       ``(c) Collection of Biometric Data From Aliens Entering and 
     Departing the United States--
       ``The Secretary shall require aliens entering and departing 
     the United States to provide biometric data and other 
     information relating to their immigration status.
       ``(d) Collection of Departure Data From Certain 
     Nonimmigrants--
       ``(1) The Secretary shall require aliens who were admitted 
     to the United States under section 101(a)(15)(B) (under the 
     terms and conditions of section 214(s)), section 
     101(a)(15)(H)(ii), or section 101(a)(15)(Y) to record their 
     departure at a designated port of entry or at a designated 
     United States consulate abroad.
       ``(2) Aliens who do not record their departure as required 
     in paragraph (1) shall be entered into the database as 
     overstays within 48 hours of the expiration of their period 
     of authorized admission.
       ``(3) The information in this database shall be made 
     available to state and local law enforcement pursuant to the 
     provisions of section 240D.''
       Line edit amendment:
       On page 49 lines 7-8 strike ``, which is punishable by a 
     sentence of imprisonment of five years or more''
       On page 49 line 44 to page 50 line 10 strike ``Unless'' and 
     all that follows and insert:
       Any alien whom--
       ``(i) a consular officer, the Secretary of Homeland 
     Security, or the Attorney General knows or has reason to 
     believe to be or to have been a member of a criminal gang (as 
     defined in section 101 (a)(52)); or
       ``(ii) a consular officer, the Secretary of Homeland 
     Security, or the Attorney General knows or has reason to 
     believe to have participated in the activities of a criminal 
     gang (as defined in section 101 (a)(52)), knowing or having 
     reason to know that such activities will promote, further, 
     aid, or support the illegal activity of the criminal gang;
       ``is inadmissible. The Secretary of Homeland Security or 
     the Attorney General may in his discretion waive clauses (i) 
     or (ii).''.
       On page 50 line 16 through page 50 line 22, strike ``Any'' 
     and all that follows and insert:
       Any alien whom--
       ``(i) there is reasonable ground to believe is or has been 
     a member of a criminal gang (as defined in section 
     101(a)(52)); or
       ``(ii) there is reasonable ground to believe has 
     participated in the activities of a criminal gang (as defined 
     in section 101(a)(52)), knowing or having reason to know that 
     such activities will promote, further, aid, or support the 
     illegal activity of the criminal gang;
       ``is deportable. The Secretary of Homeland Security or the 
     Attorney General may in his discretion waive clauses (i) or 
     (ii).''
       On page 51, strike lines 8-12 and insert: ``(ii) the alien 
     is, or at any time after admission has been, a member of a 
     criminal gang (as defined in section 101(a)(52)); and''
       On page 51, line 24, redesignate (e) as (f). On page 51, 
     line 24, redesignate (f) as (g). On page 51, line 23 insert:
       (e) Effective Date.--The amendments made to subsections 
     (b), (c) and (d) shall apply to--
       1. Any act or membership that occurred on, before or after 
     the date of the enactment of this Act, and
       2. all aliens who are required to establish admissibility 
     on or after the date of enactment of this section, and to all 
     aliens in removal, deportation, or exclusion proceedings that 
     are filed, pending, or reopened, on or after such date.
       On page 289, line 35-36 strike ``gang membership, 
     renunciation of gang affiliation;'' and insert ``gang 
     membership;''
       Misdemeanor Crime for Knowingly Overstaying Visa and 
     Parole:
       On page 52, line 10 strike ``or''
       On page 52, line 18 strike the period after ``shipping 
     laws)'' and insert ``; or'' On page 52, line 18 insert:
       ``(D) knowingly exceeds by 30 days or more the period of 
     the alien's admission or parole into the United States.''
       On page 53 redesignate subsections (b) and (c) as 
     subsections (c) and (d) and insert on line 25: .
       (b) Special Effective Date.--Subsection (a)(1)(D) of 
     section 275 of the Immigration and Nationality Act, as 
     amended by this Act, shall apply to all aliens admitted or 
     paroled after the enactment of this Act.
       Deposit and Spending of Penalties and Fines in Titles VI--
       1. Add a new subsection (z) to section 286 as follows:
       (z) Immigration Enforcement Account.--
       (1) Transfers into the Immigration Enforcement Account--
     Immediately upon enactment, the following amount shall be 
     transferred from the general fund to the Immigration 
     Enforcement Account, $4,400,000,000.
       (2) Appropriations--
       (a) There are hereby appropriated such sums that are 
     provided under subsection 1 to remain available until five 
     years after enactment.
       (b) These sums shall be used to meet the trigger 
     requirements set forth in title I, section 1.
       (c) To the extent funds are not exhausted pursuant to (b), 
     they shall be used by the Secretary of Homeland Security on 
     one or more of the following:
       1. Fencing and Infrastructure;
       2. Towers;
       3. Detention beds;
       4. Employment Eligibility Verification System;
       5. Implementation of programs authorized in titles IV and 
     VI; and
       6. Other federal border and interior enforcement 
     requirements to ensure the integrity of programs authorized 
     in titles IV and VI.
       2. Strike section 608 and replace with the following:

     SEC. 608. PAYMENT OF PENALTIES AND USE OF PENALTIES 
                   COLLECTED.

       (a) The Secretary shall by regulation establish procedures 
     allowing for the payment of 80 percent of the penalties 
     described in Section 601 (e)( 6)(B) and Section 
     602(a)(I)(C)(v) through an installment payment plan.
       (b) Any penalties received under this title with respect to 
     an application for Z-1 nonimmigrant status shall be used in 
     the following order of priority:
       (1) the first $4.4 billion of such penalties shall be 
     deposited into the general fund as repayment of funds 
     transferred into the Immigration Enforcement Account under 
     section 286(z)(1).
       (2) penalties in excess of $4.4 billion shall be deposited 
     and remain available as otherwise provided under this act.
       On page 4, strike lines 12 through 26, and insert the 
     following:
       (2) Smuggling investigators and ice personnel.--
       (A) Smuggling personnel.--During each of the fiscal years 
     2008 through 2012, the Secretary of Homeland Security shall, 
     subject to the availability of appropriations, increase by 
     not less than 200 the number of positions for personnel 
     within the Department assigned to investigate alien 
     smuggling.
       (B) Increase in full-time united states immigration and 
     customs enforcement personnel.--
       (i) In general.--In each of the fiscal years 2008 through 
     2011, the Secretary of Homeland Security shall increase by 
     not less than 1,250 the number of positions for full-time 
     active duty forensic auditors, intelligence research 
     specialists, agents, officers, and investigators in the 
     United States Immigration and Customs Enforcement to carry 
     out the removal of aliens who are not admissible to, or are 
     subject to removal from, the United States, to investigate 
     immigration fraud, and to enforce workplace violations.
       (ii) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the provisions of this subparagraph.
       (C) Conforming amendment.--Section 5203 of the Intelligence 
     Reform and Terrorism Protection Act of 2004 (Public Law 108-
     458; 118 Stat. 3734) is repealed.
       On page 140, beginning on line 4, strike ``In each of the 
     five years beginning on the date of the enactment of this 
     Act, the appropriations necessary to increase to a level not 
     less than 4500'' and insert the following: ``In each of the 
     two years beginning on the date of the enactment of this Act, 
     the appropriations necessary to hire not less than 2500 a 
     year''.
       Beginning on page 290, strike line 13 and all that follows 
     through page 291, line 1, and insert the following:
       (1) In general.--An alien who files an application for Z 
     nonimmigrant status shall, upon submission of any evidence 
     required under subsections (f) and (g) and after the 
     Secretary has conducted appropriate background checks--
       (A) shall be granted probationary benefits in the form of 
     employment authorization pending final adjudication of the 
     alien's application;
       (B) may, in the Secretary's discretion, receive advance 
     permission to reenter the United States pursuant to existing 
     regulations governing advance parole; and
       (C) may not be considered an unauthorized alien (as defined 
     in section 274A(b) of the Immigration and Nationality Act, as 
     amended by section 302) unless employment authorization under 
     subparagraph (A) is denied.
       (2) Timing of probationary benefits.--No probationary 
     benefits shall be issued to an alien described in paragraph 
     (1) until the alien has passed all appropriate background 
     checks.
       Beginning on page 154, strike line 23 and all that follows 
     through page 155, line 8, and insert the following:
       ``(2) Exception.--The Secretary of Homeland Security may 
     waive the termination of the period of authorized admission 
     of an alien who is a Y nonimmigrant for unemployment under 
     paragraph (1)(D) if the alien submits to the Secretary an 
     attestation under penalty of perjury in a form prescribed by 
     the Secretary, with supporting documentation, that 
     establishes that such unemployment was the result of--
       ``(A) a period of physical or mental disability of the 
     alien or the spouse, son, daughter, or parent (as defined in 
     section 101 of the Family and Medical Leave Act of 1993 (29 
     U.S.C. 2611)) of the alien;
       ``(B) a period of vacation, medical leave, maternity leave, 
     or similar leave from employment authorized by Federal or 
     State law or by a policy of the alien's employer; or
       ``(C) any other period of temporary unemployment that is 
     the direct result of a force majeure event.
       ``(3) Return to foreign residence.--An alien who is a Y 
     nonimmigrant whose period of authorized admission terminates 
     under paragraph (1) shall depart the United States 
     immediately.
       ``(k) Registration of Departure.--

[[Page S7262]]

       ``(1) In general.--An alien who is a Y nonimmigrant whose 
     period of authorized admission has expired under subsection 
     (i), or whose period of authorized admission terminates under 
     subsection (j), shall register the departure of such alien at 
     a designated port of departure or designated U.S. consulate 
     abroad in a manner to be prescribed by the Secretary of 
     Homeland Security.
       ``(2) Effect of failure to depart.--In the event an alien 
     described in paragraph (1) fails to depart the United States 
     or to register such departure as required by subsection 
     (j)(3), the Secretary of Homeland Security shall take 
     immediate action to determine the location of the alien and, 
     if the alien is located in the United States, to remove the 
     alien from the United States.
       ``(3) Invalidation of documentation.--Any documentation 
     issued by the Secretary of Homeland Security under subsection 
     (m) to an alien described in paragraph (1) shall be invalid 
     for any purpose except the departure of the alien on and 
     after the date on which the period of authorized admission of 
     such alien terminates.''. The Secretary shall ensure that the 
     invalidation of such documentation is recorded in the 
     employment eligibility verification system described in 
     section 301.
     at the appropriate place in Title 3, insert the following:
       14 days prior to employment eligibility expiration 
     employers shall provide, in writing, notification to aliens 
     of the expiration of the alien's employment eligibility.
                                 ______
                                 
  SA 1466. Mr. BIDEN (for himself and Mrs. Clinton) 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 56, strike line 9 and insert the following:
       ``(i) Victims of Battery and Extreme Cruelty.--The Attorney 
     General in the Attorney General's discretion may waive the 
     provisions of subsection (a) in the case of an alien to whom 
     the Attorney General has granted classification under clause 
     (iii), (iv), or (v) of subparagraph (A) of section 204 
     (a)(1), or classification under clause (ii), (iii), or (iv) 
     of subparagraph (B) of such section, in any case in which 
     there is a connection between--
       ``(1) the alien's having been battered or subjected to 
     extreme cruelty; and
       ``(2) the alien's--
       ``(A) removal;
       ``(B) departure from the United States;
       ``(C) reentry or reentries into the United States; or
       ``(D) attempted reentry into the United States.
       ``(j) Definitions.--In this section:
       On page 71, line 6, strike ``and''.
       On page 71, line 14, strike the period at the end and 
     insert the following: ``; and
       (7) by adding at the end the following new subsection:
       ``(g) Application of VAWA Protections.--The restrictions on 
     relief under this section shall not apply to relief under 
     sections 240A or 245 on the basis of a petition filed by a 
     VAWA self-petitioner, or a petition filed under section 
     240(A)(b)(2), or under 244(a)(3) (as in effect on March 31, 
     1997), if the extreme cruelty or battery was at least one 
     central reason for the alien's overstaying the grant of 
     voluntary departure.''.
       On page 150, strike line 9 and insert ``grounds of 
     inadmissability under section 601(d)(2) of the Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007 unless the alien qualifies for relief as a VAWA self-
     petitioner or qualifies for relief under sections 240A(b)(2), 
     101(a)(15)(T), or 101(a)(15)(U) or under section 244(a)(3) 
     (as in effect on March 31, 1997).''.
       On page 150, strike line 31 and insert ``601(d)(1)(A), (D), 
     (E), (F), or (G) of the Secure Borders, Economic Opportunity, 
     and Immigration Reform Act of 2007 unless the alien qualifies 
     for relief as a VAWA self-petitioner or qualifies for relief 
     under sections 240A(b)(2), 101(a)(15)(T), or 101(a)(15)(U) or 
     under section 244(a)(3) (as in effect on March 31, 1997).''.
       On page 157, line 7, strike ``; or'' and insert a 
     semicolon.
       On page 157, line 11, strike the period at the end and 
     insert ``; or
       ``(D) relief as a VAWA self-petitioner or under sections 
     240A(b)(2), 101(a)(15)(T), or 101(a)(15)(U) or under section 
     244(a)(3) (as in effect on March 31, 1997).
       On page 158, line 2, strike ``; or'' and insert a 
     semicolon.
       On page 158, line 6, strike the period at the end and 
     insert ``; or
       ``(D) relief as a VAWA self-petitioner or under sections 
     240A(b)(2), 101(a)(15)(T), or 101(a)(15)(U) or under section 
     244(a)(3) (as in effect on March 31, 1997).
       On page 271, strike lines 19 through 21 and insert the 
     following:
       (d) Petition.--Section 204(a)(1) of the Immigrations and 
     Nationality Act (8 U.S.C. 1154(a)(1)) is amended--
       (1) in subparagraph (A)--
       (A) in clause (i), by striking ``, (3), or (4)''; and
       (B) in clause (vii)(III), insert after ``immediate relative 
     under section 201(b)(2)(A)(i)'' the following: ``(as in 
     effect on January 1, 2007)''; and
       (2) in subparagraph (D)(i)(I), by striking ``a petitioner'' 
     and all that follows through the period at the end of the 
     sentence and inserting ``an immediate relative''.
       On page 279, line 14, strike ``; or'' and insert a 
     semicolon.
       On page 279, line 18, strike the period at the end and 
     insert ``; or
       ``(iv) relief as a VAWA self-petitioner or under sections 
     240A(b)(2), 101(a)(15)(T), or 101(a)(15)(U) or under section 
     244(a)(3) (as in effect on March 31, 1997).
       On page 280, line 2, insert after ``terminated.'' the 
     following: ``The provisions of this paragraph shall not apply 
     to citizen and Y-1 nonimmigrant sponsors described in 
     subsection 214(d)(2)(c)(ii) or section 237(a)(7).''.
       On page 303, line 9, insert after ``221 and 222'' the 
     following: ``of the Immigration and Nationality Act (8 U.S.C. 
     1201 and 1202) unless the alien qualifies for relief as a 
     VAWA self-petitioner or qualifies for relief under sections 
     240A(b)(2), 101(a)(15)(T), or 101(a)(15)(U) of such Act or 
     under section 244(a)(3) of such Act (as in effect on March 
     31, 1997).''.
       On page 305, strike line 13 and insert the following:
       (A) Restriction on visa issuance or adjustment.--
       (i) In general.--An
       On page 305, between lines 19 and 20, insert the following:
       (ii) Exception for certain individuals.--The restriction 
     under clause (i) does not apply if the alien qualifies for 
     relief as a VAWA self-petitioner or qualifies for relief 
     under sections 240A(b)(2), 101(a)(15)(T), or 101(a)(15)(U) of 
     the Immigration and Nationality Act or under section 
     244(a)(3) of such Act (as in effect on March 31, 1997).
                                 ______
                                 
  SA 1467. 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. __. B-1 VISITOR VISA GUIDELINES AND DATA TRACKING 
                   SYSTEMS.

       (a) Guidelines.--
       (1) In general.--Not later than 6 months after the date of 
     enactment of this Act--
       (A) the Secretary of State shall review existing 
     regulations or internal guidelines relating to the 
     decisionmaking process with respect to the issuance of B-1 
     visas by consular officers and determine whether 
     modifications are necessary to ensure that such officers make 
     decisions with respect to the issuance of B-1 visas as 
     consistently as possible while ensuring security and 
     maintaining officer discretion over such issuance 
     determinations; and
       (B) the Secretary of Homeland Security shall review 
     existing regulations or internal guidelines relating to the 
     decisionmaking process of Customs and Border Protection 
     officers concerning whether aliens holding a B-1 visitor visa 
     are admissible to the United States and the appropriate 
     length of stay and shall determine whether modifications are 
     necessary to ensure that such officers make decisions with 
     respect to aliens' admissibility and length of stay as 
     consistently as possible while ensuring security and 
     maintaining officer discretion over such determinations.
       (2) Modification.--If, after conducting the reviews under 
     paragraph (1), the Secretary of State or the Secretary of 
     Homeland Security determine that modifications to existing 
     regulations or internal guidelines, or the establishment of 
     new regulations or guidelines, are necessary, the relevant 
     Secretary shall make such modifications during the 6-month 
     period referred to in such paragraph.
       (3) Consultations.--In making determinations and preparing 
     guidelines under paragraph (1), the Secretary of State and 
     the Secretary of Homeland Security shall consult with 
     appropriate stakeholders.
       (b) Data Tracking Systems.--
       (1) In general.--Not later than 18 months after the date of 
     enactment of this Act--
       (A) the Secretary of State shall develop and implement a 
     system to track aggregate data relating to the issuance of B-
     1 visitor visas in order to ensure the consistent application 
     of agency regulations or internal guidelines; and
       (B) the Secretary of Homeland Security shall develop and 
     implement a system to track aggregate data relating to 
     admissibility decision, and length of stays under, B-1 
     visitor visas in order to ensure the consistent application 
     of agency regulations or internal guidelines.
       (2) Limitation.--The systems implemented under paragraph 
     (1) shall not store or track personally identifiable 
     information, except that this paragraph shall not be 
     construed to limit the application of any other system that 
     is being implemented by the Department of State or the 
     Department of Homeland Security to track travelers or travel 
     to the United States.
       (c) Public Education.--The Secretary of State and the 
     Secretary of Homeland Security shall carry out activities to 
     provide guidance and education to the public and to visa 
     applicants concerning the nature, purposes, and availability 
     of the B-1 visa for business travelers.
       (d) Report.--Not later than 6 and 18 months after the date 
     of enactment of this Act, the Secretary of State and the 
     Secretary of Homeland Security shall submit reports 
     concerning the status of the implementation of this section 
     to the Senate Committees on the Judiciary & Foreign Relations

[[Page S7263]]

     and to the Committees on the Judiciary and Foreign Affairs of 
     the House of Representatives.
                                 ______
                                 
  SA 1468. Mrs. McCASKILL 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 123, strike line 5 and all that follows through 
     page 124, line 6, and insert the following:
       ``(1) Employers.--
       ``(A) In general.--Whenever an employer who does not hold 
     Federal contracts, grants, or cooperative agreements is 
     determined by the Secretary to be a repeat violator of this 
     section or is convicted of a crime under this section, the 
     employer shall be subject to prohibition from the receipt of 
     Federal contracts, grants, or cooperative agreements for a 
     period of not less than 5 years in accordance with the 
     procedures and standards prescribed by the Secretary. The 
     Secretary or the Attorney General shall advise the 
     Administrator of General Services of any such prohibition, 
     and the Administrator of General Services shall list the 
     employer on the List of Parties Excluded from Federal 
     Procurement and Nonprocurement Programs for the period of the 
     prohibition.
       ``(B) Waiver authority.--After consideration of the views 
     of any agency or department regarding an employer described 
     under subparagraph (A), the Administrator of General 
     Services, in consultation with the Secretary of Homeland 
     Security and the Attorney General, may waive the prohibition 
     or may limit the duration or scope of the prohibition under 
     subparagraph (A) if such waiver or limitation is necessary to 
     the national defense or in the interest of national security.
       ``(C) Notification to congress.--If the Administrator of 
     General Services grants a waiver or limitation described 
     under subparagraph (B), the Administrator shall submit notice 
     of such waiver or limitation to each member of the Committee 
     on the Judiciary of the Senate and of the Committee on the 
     Judiciary of the House of Representatives.
       ``(2) Contractors and recipients.--
       ``(A) In general.--Whenever an employer who holds Federal 
     contracts, grants, or cooperative agreements is determined by 
     the Secretary to be a repeat violator of this section or is 
     convicted of a crime under this section, the employer shall 
     be subject to prohibition from the receipt of Federal 
     contracts, grants, or cooperative agreements for a period of 
     not less than 5 years in accordance with the procedures and 
     standards prescribed by the Secretary. Prior to prohibiting 
     the employer, the Secretary, in cooperation with the 
     Administrator of General Services, shall advise all agencies 
     holding contracts, grants, or cooperative agreements with the 
     employer of the proceedings to prohibit the employer from the 
     receipt of new Federal contracts, grants, or cooperative 
     agreements for a period of not less than 5 years.
       ``(B) Waiver authority.--After consideration of the views 
     of any agency or department that holds a contract, grant, or 
     cooperative agreement with an employer described under 
     subparagraph (A), the Administrator of General Services, in 
     consultation with the Secretary of Homeland Security and the 
     Attorney General, may waive the prohibition or may limit the 
     duration or scope of the prohibition under subparagraph (A) 
     if such waiver or limitation is necessary to the national 
     defense or in the interest of national security.
       ``(C) Notification to congress.--If the Administrator of 
     General Services grants a waiver or limitation described 
     under subparagraph (B), the Administrator shall submit notice 
     of such waiver or limitation to each member of the Committee 
     on the Judiciary of the Senate and of the Committee on the 
     Judiciary of the House of Representatives.''.
                                 ______
                                 
  SA 1469. Mrs. CLINTON 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:

       Insert the following after Section 126:

     ``SECTION 127. NORTHERN BORDER COORDINATOR.

       ``(a) In General.--There shall be within the Directorate of 
     Border and Transportation Security the position of Northern 
     Border Coordinator, who shall be appointed by the Secretary 
     and who shall report directly to the Under Secretary for 
     Border and Transportation Security.
       ``(b) Responsibilities.--The Northern Border Coordinator 
     shall be responsible for--
       ``(1) increasing the security of the border, including 
     ports of entry, between the United States and Canada;
       ``(2) improving the coordination among the agencies 
     responsible for the security described under paragraph (1);
       ``(3) serving as the primary liaison with State and local 
     governments and law enforcement agencies regarding security 
     along the border between the United States and Canada; and
       ``(4) serving as a liaison with the Canadian government on 
     border security.''.
                                 ______
                                 
  SA 1470. Mr. LEVIN 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. __. ADMISSION OF CERTAIN NATIONALS FROM IRAQ AS PRIORITY 
                   2 REFUGEES.

       (a) In General.--Subject to the numerical limitations 
     established pursuant to section 207 of the Immigration and 
     Nationality Act (8 U.S.C. 1157), the Secretary of State or a 
     designee of the Secretary shall present to the Secretary of 
     Homeland Security, and the Secretary of Homeland Security or 
     a designee of the Secretary shall adjudicate, any application 
     for refugee status under section 207 of the Immigration and 
     Nationality Act (8 U.S.C. 1157) submitted by an applicant 
     who--
       (1) is a national of Iraq;
       (2) is able to demonstrate that--
       (A) for a period of at least one year beginning after March 
     1, 2003, he or she served the United States Government inside 
     Iraq as an employee, volunteer, contractor, or employee of a 
     contractor of the United States Government; or
       (B) he or she has a parent, spouse, son, daughter, 
     grandparent, grandchild, or sibling currently residing in the 
     United States who is a United States citizen, lawful 
     permanent resident, asylee, or refugee; and
       (3) is able to demonstrate that he or she left Iraq before 
     January 1, 2007, and has resided outside Iraq since that 
     time.
       (b) Authorization of Additional Refugee Admissions.--
     Section 207 of the Immigration and Nationality Act (8 U.S.C. 
     1157) is amended by adding at the end the following new 
     subsection:
       ``(g) Admission of Certain Nationals of Iraq.--In addition 
     to any refugee admissions determined under subsections (a) 
     and (b), there are 250,000 refugee admissions authorized for 
     each of fiscal years 2007, 2008, and 2009 for refugees who 
     are nationals of Iraq.''.
                                 ______
                                 
  SA 1471. Mr. DURBIN (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:

       Beginning on page 242, strike line 37 and all that follows 
     through line 24, on page 250, and insert the following:
       ``(I) If the employer employs not less than 50 employees in 
     the United States, not more than 50 percent of such employees 
     are H-1B nonimmigrants and nonimmigrants described in section 
     101(a)(15)(L).''.
       (e) Wage Determination.--
       (1) Change in minimum wages.--Section 212(n)(1) of such 
     Act, as amended by this section, is further amended--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) The employer--
       ``(i) is offering and will offer, during the period of 
     authorized employment, to aliens admitted or provided status 
     as an H-1B nonimmigrant, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--
       ``(I) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(II) the median average wage for all workers in the 
     occupational classification in the area of employment; or
       ``(III) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and
       ``(ii) will provide working conditions for such a 
     nonimmigrant that will not adversely affect the working 
     conditions of workers similarly employed.''; and
       (B) in subparagraph (D), by inserting ``the wage 
     determination methodology used under subparagraph (A)(i),'' 
     after ``shall contain''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (f) Prohibition of Outplacement.--
       (1) In general.--Section 212(n) of such Act, as amended by 
     this section, is further amended--
       (A) in paragraph (1), by amending subparagraph (F) to read 
     as follows:
       ``(F) The employer shall not place, outsource, lease, or 
     otherwise contract for the placement of an H-1B nonimmigrant 
     with another employer unless the employer of the alien has 
     received a waiver under paragraph (2)(E).''; and
       (B) in paragraph (2), by amending subparagraph (E) to read 
     as follows:
       ``(E) The Secretary of Labor shall promulgate rules, after 
     notice and a period for comment, for an employer of an H-1B 
     nonimmigrant to apply for a waiver of the prohibition in 
     paragraph (1)(F). The decision whether to grant or deny a 
     waiver under this subparagraph shall be in the sole and 
     unreviewable discretion of the Secretary. In order to receive 
     a waiver under this subparagraph, the burden shall be on the 
     employer seeking the waiver to establish that--
       ``(i) the placement is for legitimate business purposes and 
     not to evade the requirements of this subsection;

[[Page S7264]]

       ``(ii) the employer with whom the nonimmigrant would be 
     placed has not displaced and does not intend to displace a 
     United States worker employed by the employer within the 
     period beginning 180 days before and ending 180 days after 
     the date of the placement of the nonimmigrant with the 
     employer;
       ``(iii) the nonimmigrant will not be controlled and 
     supervised principally by the employer with whom the 
     nonimmigrant would be placed; and
       ``(iv) the placement of the nonimmigrant is not essentially 
     an arrangement to provide labor for hire for the employer 
     with whom the nonimmigrant will be placed.''.
       (2) Application.--The amendments made by paragraph (1) 
     shall apply to an application filed on or after the date the 
     rules required section 212(n)(2)(E) of such Act, as amended 
     by paragraph (1)(B) of this subsection, are issued.
       (g) Posting Available Positions.--
       (1) Posting available positions.--Section 212(n)(1)(C) of 
     such Act is amended--
       (A) by redesignating clause (ii) as subclause (II);
       (B) by striking ``(i) has provided'' and inserting the 
     following:
       ``(ii)(I) has provided''; and
       (C) by inserting before clause (ii), as redesignated by 
     subparagraph (B), the following:
       ``(i) has posted a detailed description of each position 
     for which a nonimmigrant is sought on the website described 
     in paragraph (6) of this subsection for at least 30 calendar 
     days, which description shall include the wages and other 
     terms and conditions of employment, the minimum education, 
     training, experience and other requirements for the position, 
     and the process for applying for the position; and''.
       (2) Department of labor website.--Section 212(n) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(6)(A) Not later than 90 days after the date of the 
     enactment of this paragraph, the Secretary of Labor shall 
     establish a searchable website for posting positions as 
     required by paragraph (1)(C). This website shall be publicly 
     accessible without charge.
       ``(B) The Secretary may charge a nominal filing fee to 
     employers who post positions on the website established under 
     this paragraph to cover expenses for establishing and 
     administering the website.
       ``(C) The Secretary may work with private companies and 
     nonprofit organizations in the development and operation of 
     the website established under this paragraph.
       ``(D) The Secretary may promulgate rules, after notice and 
     a period for comment, to carry out the requirements of this 
     paragraph.''.
       (3) Application.--The amendments made by paragraph (1) 
     shall apply to an application filed 30 days or more after the 
     date that the website required by section 212(n)(6) of such 
     Act, as added by paragraph (2) of this subsection, is 
     created.

     SEC. 421. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

       (a) Safeguards Against Fraud and Misrepresentation in 
     Application Review Process.--Section 212(n)(1)(K) of the 
     Immigration and Nationality Act, as redesignated by section 
     2(d)(2), is amended--
       (1) by inserting ``and through the Department of Labor's 
     website, without charge.'' after ``D.C.'';
       (2) by inserting ``, clear indicators of fraud, 
     misrepresentation of material fact,'' after ``completeness'';
       (3) by striking ``or obviously inaccurate'' and inserting 
     ``, presents clear indicators of fraud or misrepresentation 
     of material fact, or is obviously inaccurate'';
       (4) by striking ``within 7 days of'' and inserting ``not 
     later than 14 days after''; and
       (5) by adding at the end the following: ``If the 
     Secretary's review of an application identifies clear 
     indicators of fraud or misrepresentation of material fact, 
     the Secretary may conduct an investigation and hearing under 
     paragraph (2)''.
       (b) Investigations by Department of Labor.--Section 
     212(n)(2) of such Act is amended--
       (1) in subparagraph (A)--
       (A) by striking ``12 months'' and inserting ``24 months''; 
     and
       (B) by striking ``The Secretary shall conduct'' and all 
     that follows and inserting ``Upon the receipt of such a 
     complaint, the Secretary may initiate an investigation to 
     determine if such a failure or misrepresentation has 
     occurred.'';
       (2) in subparagraph (C)(i)--
       (A) by striking ``` condition of paragraph (1)(B), (1)(E), 
     or (1)(F)'' and inserting ``a condition under subparagraph 
     (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; 
     and
       (B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
       (3) in subparagraph (G)--
       (A) in clause (i), by striking ``if the Secretary'' and all 
     that follows and inserting ``with regard to the employer's 
     compliance with the requirements of this subsection.'';
       (B) in clause (ii), by striking ``and whose identity'' and 
     all that follows through ``failure or failures.'' and 
     inserting ``the Secretary of Labor may conduct an 
     investigation into the employers compliance with the 
     requirements of this subsection.'';
       (C) in clause (iii), by striking the last sentence;
       (D) by striking clauses (iv) and (v);
       (E) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (F) in clause (iv), as redesignated, by striking ``meet a 
     condition described in clause (ii), unless the Secretary of 
     Labor receives the information not later than 12 months'' and 
     inserting ``comply with the requirements under this 
     subsection, unless the Secretary of Labor receives the 
     information not later than 24 months'';
       (G) by amending clause (v), as redesignated, to read as 
     follows:
       ``(v) The Secretary of Labor shall provide notice to an 
     employer of the intent to conduct an investigation. The 
     notice shall be provided in such a manner, and shall contain 
     sufficient detail, to permit the employer to respond to the 
     allegations before an investigation is commenced. The 
     Secretary is not required to comply with this clause if the 
     Secretary determines that such compliance would interfere 
     with an effort by the Secretary to investigate or secure 
     compliance by the employer with the requirements of this 
     subsection. A determination by the Secretary under this 
     clause shall not be subject to judicial review.''.
       (H) in clause (vi), as redesignated, by striking ``An 
     investigation'' and all that follows through ``the 
     determination.'' and inserting ``If the Secretary of Labor, 
     after an investigation under clause (i) or (ii), determines 
     that a reasonable basis exists to make a finding that the 
     employer has failed to comply with the requirements under 
     this subsection, the Secretary shall provide interested 
     parties with notice of such determination and an opportunity 
     for a hearing in accordance with section 556 of title 5, 
     United States Code, not later than 120 days after the date of 
     such determination.''; and
       (I) by adding at the end the following:
       ``(vii) If the Secretary of Labor, after a hearing, finds a 
     reasonable basis to believe that the employer has violated 
     the requirements under this subsection, the Secretary may 
     impose a penalty under subparagraph (C).''; and
       (4) by striking subparagraph (H).
       (c) Information Sharing Between Department of Labor and 
     Department of Homeland Security.--Section 212(n)(2) of such 
     Act, as amended by this section, is further amended by 
     inserting after subparagraph (G) the following:
       ``(H) The Director of United States Citizenship and 
     Immigration Services shall provide the Secretary of Labor 
     with any information contained in the materials submitted by 
     H-1B employers as part of the adjudication process that 
     indicates that the employer is not complying with H-1B visa 
     program requirements. The Secretary may initiate and conduct 
     an investigation and hearing under this paragraph after 
     receiving information of noncompliance under this 
     subparagraph.''.
       (d) Audits.--Section 212(n)(2)(A) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following: ``The Secretary may conduct surveys of the degree 
     to which employers comply with the requirements under this 
     subsection and may conduct annual compliance audits of 
     employers that employ H-1B nonimmigrants. The Secretary shall 
     conduct annual compliance audits of not less than 1 percent 
     of the employers that employ H-1B nonimmigrants during the 
     applicable calendar year.''
       (e) Penalties.--Section 212(n)(2)(C) of such Act, as 
     amended by this section, is further amended--
       (1) in clause (i)(I), by striking ``$1,000'' and inserting 
     ``$2,000'';
       (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
     ``$10,000''; and
       (3) in clause (vi)(III), by striking ``$1,000'' and 
     inserting ``$2,000''.
       (f) Information Provided to H-1B Nonimmigrants Upon Visa 
     Issuance.--Section 212(n) of such Act, as amended by this 
     section, is further amended by inserting after paragraph (2) 
     the following:
       ``(3)(A) Upon issuing an H-1B visa to an applicant outside 
     the United States, the issuing office shall provide the 
     applicant with--
       ``(i) a brochure outlining the employer`s obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections; and
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer obligations and workers' rights.
       ``(B) Upon the issuance of an H-1B visa to an alien inside 
     the United States, the officer of the Department of Homeland 
     Security shall provide the applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections; and
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer's obligations and workers' rights.''.

     SEC. 422. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

       (a) In General.--Section 214(c)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (E), by striking ``In the case of an 
     alien spouse admitted under section 101(a)(15)(L), who'' and 
     inserting ``Except as provided in subparagraph (H), if an 
     alien spouse admitted under section 101(a)(15)(L)''; and
       (3) by adding at the end the following:
       ``(G)(i) If the beneficiary of a petition under this 
     subsection is coming to the United States to open, or be 
     employed in, a

[[Page S7265]]

     new facility, the petition may be approved for up to 12 
     months only if the employer operating the new facility has--
       ``(I) a business plan;
       ``(II) sufficient physical premises to carry out the 
     proposed business activities; and
       ``(III) the financial ability to commence doing business 
     immediately upon the approval of the petition.
       ``(ii) An extension of the approval period under clause (i) 
     may not be granted until the importing employer submits an 
     application to the Secretary of Homeland Security that 
     contains--
       ``(I) evidence that the importing employer meets the 
     requirements of this subsection;
       ``(II) evidence that the beneficiary meets the requirements 
     under section 101(a)(15)(L);
       ``(III) a statement summarizing the original petition;
       ``(IV) evidence that the importing employer has fully 
     complied with the business plan submitted under clause 
     (i)(I);
       ``(V) evidence of the truthfulness of any representations 
     made in connection with the filing of the original petition;
       ``(VI) evidence that the importing employer, during the 
     preceding 12 months, has been doing business at the new 
     facility through regular, systematic, and continuous 
     provision of goods or services, or has otherwise been taking 
     commercially reasonable steps to establish the new facility 
     as a commercial enterprise;
       ``(VII) a statement of the duties the beneficiary has 
     performed at the new facility during the preceding 12 months 
     and the duties the beneficiary will perform at the new 
     facility during the extension period approved under this 
     clause;
       ``(VIII) a statement describing the staffing at the new 
     facility, including the number of employees and the types of 
     positions held by such employees;
       ``(IX) evidence of wages paid to employees;
       ``(X) evidence of the financial status of the new facility; 
     and
       ``(XI) any other evidence or data prescribed by the 
     Secretary.
       ``(iii) Notwithstanding subclauses (I) through (VI) of 
     clause (ii), and subject to the maximum period of authorized 
     admission set forth in subparagraph (D), the Secretary of 
     Homeland Security may approve a petition subsequently filed 
     on behalf of the beneficiary to continue employment at the 
     facility described in this subsection for a period beyond the 
     initially granted 12-month period if the importing employer 
     demonstrates that the failure to satisfy any of the 
     requirements described in those subclauses was directly 
     caused by extraordinary circumstances beyond the control of 
     the importing employer.
       ``(iv) For purposes of determining the eligibility of an 
     alien for classification under section 101(a)(15)(L), the 
     Secretary of Homeland Security shall work cooperatively with 
     the Secretary of State to verify a company or facility's 
     existence in the United States and abroad.''.
       (b) Investigations and Audits by Department of Homeland 
     Security.--
       (1) Department of homeland security investigations.--
     Section 214(c)(2) of such Act, as amended by this section, is 
     further amended by adding at the end the following:
       ``(I)(i) The Secretary of Homeland Security may initiate an 
     investigation of any employer that employs nonimmigrants 
     described in section 101(a)(15)(L) with regard to the 
     employer's compliance with the requirements of this 
     subsection.
       ``(ii) If the Secretary of Homeland Security receives 
     specific credible information from a source who is likely to 
     have knowledge of an employer's practices, employment 
     conditions, or compliance with the requirements under this 
     subsection, the Secretary may conduct an investigation into 
     the employer's compliance with the requirements of this 
     subsection. The Secretary may withhold the identity of the 
     source from the employer, and the source's identity shall not 
     be subject to disclosure under section 552 of title 5.
       ``(iii) The Secretary of Homeland Security shall establish 
     a procedure for any person desiring to provide to the 
     Secretary of Homeland Security information described in 
     clause (ii) that may be used, in whole or in part, as the 
     basis for the commencement of an investigation described in 
     such clause, to provide the information in writing on a form 
     developed and provided by the Secretary of Homeland Security 
     and completed by or on behalf of the person.
       ``(iv) No investigation described in clause (ii) (or 
     hearing described in clause (vi) based on such investigation) 
     may be conducted with respect to information about a failure 
     to comply with the requirements under this subsection, unless 
     the Secretary of Homeland Security receives the information 
     not later than 24 months after the date of the alleged 
     failure.
       ``(v) Before commencing an investigation of an employer 
     under clause (i) or (ii), the Secretary of Homeland Security 
     shall provide notice to the employer of the intent to conduct 
     such investigation. The notice shall be provided in such a 
     manner, and shall contain sufficient detail, to permit the 
     employer to respond to the allegations before an 
     investigation is commenced. The Secretary is not required to 
     comply with this clause if the Secretary determines that to 
     do so would interfere with an effort by the Secretary to 
     investigate or secure compliance by the employer with the 
     requirements of this subsection. There shall be no judicial 
     review of a determination by the Secretary under this clause.
       ``(vi) If the Secretary of Homeland Security, after an 
     investigation under clause (i) or (ii), determines that a 
     reasonable basis exists to make a finding that the employer 
     has failed to comply with the requirements under this 
     subsection, the Secretary shall provide interested parties 
     with notice of such determination and an opportunity for a 
     hearing in accordance with section 556 of title 5, United 
     States Code, not later than 120 days after the date of such 
     determination. If such a hearing is requested, the Secretary 
     shall make a finding concerning the matter by not later than 
     120 days after the date of the hearing.
       ``(vii) If the Secretary of Homeland Security, after a 
     hearing, finds a reasonable basis to believe that the 
     employer has violated the requirements under this subsection, 
     the Secretary may impose a penalty under section 
     214(c)(2)(J).''.
       (2) Audits.--Section 214(c)(2)(I) of such Act, as added by 
     paragraph (1), is amended by adding at the end the following:
       ``(viii) The Secretary of Homeland Security may conduct 
     surveys of the degree to which employers comply with the 
     requirements under this section and may conduct annual 
     compliance audits of employers that employ H-1B 
     nonimmigrants. The Secretary shall conduct annual compliance 
     audits of not less than 1 percent of the employers that 
     employ nonimmigrants described in section 101(a)(15)(L) 
     during the applicable calendar year.''.
       (3) Reporting requirement.--Section 214(c)(8) of such Act 
     is amended by inserting ``(L),'' after ``(H),''.
       (c) Penalties.--Section 214(c)(2) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following:
       ``(J)(i) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a failure by an 
     employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $2,000 per violation) as 
     the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 1 year, approve a petition for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(ii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 2 years, approve a petition filed for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(iii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (L)(i)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the employer shall be liable to employees harmed for 
     lost wages and benefits.''.
       (d) Wage Determination.--
       (1) Change in minimum wages.--Paragraph (2) of section 
     214(c) of such Act, as amended by this section, is further 
     amended by adding at the end the following:
       ``(K)(i) An employer that employs a nonimmigrant described 
     in section 101(a)(15)(L) shall--
       ``(I) offer such nonimmigrant, during the period of 
     authorized employment, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--

       ``(aa) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(bb) the median average wage for all workers in the 
     occupational classification in the area of employment; or
       ``(cc) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and

       ``(II) provide working conditions for such nonimmigrant 
     that will not adversely affect the working conditions of 
     workers similarly employed.
       ``(ii) If an employer, in such previous period specified by 
     the Secretary of Homeland Security, employed 1 or more L-1 
     nonimmigrants, the employer shall provide to the Secretary of 
     Homeland Security the Internal Revenue Service Form W-2 Wage 
     and Tax Statement filed by the employer with respect to such 
     nonimmigrants for such period.
       ``(iii) It is a failure to meet a condition under this 
     subparagraph for an employer, who has filed a petition to 
     import 1 or more aliens as nonimmigrants described in section 
     101(a)(15)(L), to--

[[Page S7266]]

       ``(I) require such a nonimmigrant to pay a penalty for 
     ceasing employment with the employer before a date mutually 
     agreed to by the nonimmigrant and the employer; or
       ``(II) fail to offer to such a nonimmigrant, during the 
     nonimmigrant's period of authorized employment, on the same 
     basis, and in accordance with the same criteria, as the 
     employer offers to United States workers, benefits and 
     eligibility for benefits, including--

       ``(aa) the opportunity to participate in health, life, 
     disability, and other insurance plans;
       ``(bb) the opportunity to participate in retirement and 
     savings plans; and
       ``(cc) cash bonuses and noncash compensation, such as stock 
     options (whether or not based on performance).

       ``(iv) The Secretary of Homeland Security shall determine 
     whether a required payment under clause (iii)(I) is a penalty 
     (and not liquidated damages) pursuant to relevant State 
     law.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (e) Prohibition on Outplacement.--
       (1) In general.--Paragraph (2) of section 214(c) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(L)(i) An employer who imports an alien as a nonimmigrant 
     described in section 101(a)(15)(L) shall not place, 
     outsource, lease, or otherwise contract for the placement of 
     the alien with another employer unless the employer of the 
     alien has received a waiver under clause (ii).
       ``(ii) The Secretary of Homeland Security shall promulgate 
     rules, after notice and a period for comment, for an employer 
     to apply for a waiver of the prohibition set out in clause 
     (i). The decision whether to grant or deny such a waiver 
     under this subparagraph shall be in the sole and unreviewable 
     discretion of the Secretary. In order to receive such a 
     waiver, the burden shall be on the employer seeking the 
     waiver to establish that--
       ``(I) the placement is for legitimate business purposes and 
     not to evade the requirements of this subsection;
       ``(II) the employer with whom the nonimmigrant would be 
     placed has not displaced and does not intend to displace a 
     United States worker employed by the employer within the 
     period beginning 180 days before and ending 180 days after 
     the date of the placement of the nonimmigrant with the 
     employer;
       ``(III) the nonimmigrant will not be controlled and 
     supervised principally by the employer with whom the 
     nonimmigrant would be placed; and
       ``(IV) the placement of the nonimmigrant is not essentially 
     an arrangement to provide labor for hire for the employer 
     with whom the nonimmigrant will be placed, rather than a 
     placement in connection with the provision or a product or 
     service for which specialized knowledge specific to the 
     petitioning employer is necessary.''.
       (2) Application.--The amendment made by paragraph (1) shall 
     apply to an application filed on or after the date the rules 
     required section 212(c)(2)(L)(ii) of such Act, as added by 
     paragraph (1) of this subsection, are issued.
                                 ______
                                 
  SA 1472. Ms. CANTWELL submitted an amendment intended to be proposed 
by her to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 238, beginning with line 13, strike all through 
     page 239, line 38, and insert the following:
       (c) Granting Dual Intent to Certain Nonimmigrant 
     Students.--Section 214(h) (8 U.S.C. 1184(h)) is amended--
       (1) by striking ``(H)(i)(b) or (c),'' and inserting 
     ``(F)(iv), (H)(i)(b), (H)(i)(c),''; and
       (2) by striking ``if the alien had obtained a change of 
     status'' and inserting ``if the alien had been admitted as, 
     provided status as, or obtained a change of status''.

     SEC. 419. H-1B STREAMLINING AND SIMPLIFICATION.

       (a) H-1B Amendments.--Section 214(g) (8 U.S.C. 1184(g)) is 
     amended--
       (1) in paragraph (1)(A), by striking clauses (i) through 
     (vii) and inserting the following:
       ``(i) 115,000 in fiscal year 2008;
       ``(ii) in any subsequent fiscal year, subject to clause 
     (iii), the number for the previous fiscal year as adjusted in 
     accordance with the method set forth in paragraph (2); and
       ``(iii) 180,000 for any fiscal year;''.
       (2) in paragraph (9), as redesignated by section 409--
       (A) in subparagraph (B)--
       (i) in clause (ii), by striking ``The annual numerical 
     limitations described in clause (i) shall not exceed'' and 
     inserting ``Without respect to the annual numerical 
     limitations described in clause (i), the Secretary may issue 
     a visa or otherwise grant nonimmigrant status pursuant to 
     section 1101(a)(15)(H)(i)(b) in the following quantities:''; 
     and
       (ii) by striking clause (iv); and
       (B) by striking subparagraph (D).
       (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 to read as follows:
       ``(6) The numerical limitations contained in paragraph 
     (1)(A) shall not apply to any nonimmigrant alien issued a 
     visa or otherwise provided status under section 
     101(a)(15)(H)(i)(b) who--
       ``(A) until the number of aliens who are exempted from such 
     numerical limitation under this subparagraph during a year 
     exceeds 30,000--
       ``(i) is employed (or has received an offer of employment) 
     at an institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a))), or a related or affiliated nonprofit entity; or
       ``(ii) is employed (or has received an offer of employment) 
     at a nonprofit research organization or a governmental 
     research organization;
       ``(B) has earned a master's or higher degree from a United 
     States institution of higher education (as defined in section 
     101(a) of the Higher Education Act of 1965 (20 U.S.C. 
     1001(a)), until the number of aliens who are exempted from 
     such numerical limitation under this subparagraph during a 
     year exceeds 40,000; or
       ``(C) 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, until the 
     number of aliens who are exempted from such numerical 
     limitation under this subparagraph during a year exceeds 
     20,000.''.
       (2) Applicability.--The amendment 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 1473. Mr. COLEMAN (for himself and Mr. Domenici) 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, add the following new subsection:
       (e) Information Sharing Between Federal and Local Law 
     Enforcement Officers.--
       (1) Requirement for information sharing.--No person or 
     agency may prohibit a Federal, State, or local government 
     entity from acquiring information regarding the immigration 
     status of any individual if the entity seeking such 
     information has probable cause to believe that the individual 
     is not lawfully present in the United States. Such probable 
     cause includes the individual's failure to possess an 
     identification document issued by the United States or a 
     State.
       (2) Requirement prior to implementation.--Subject to 
     subsection (a), with the exception of the probationary 
     benefits conferred by section 601(h) of this Act, the 
     provisions of subtitle C of title IV, and the admission of 
     aliens under section 101(a)(15)(H)(ii) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)), as amended by 
     title IV, the programs established by title IV, and the 
     programs established by title VI that grant legal status to 
     any individual or that adjust the current status of any 
     individual who is unlawfully present in the United States to 
     that of an alien lawfully admitted for permanent residence, 
     may not become effective until the date that the Secretary 
     submits a written certification to the President and Congress 
     that the requirement set out in paragraph (1) is being 
     carried out.
       (3) Rule of construction.--Nothing in paragraph (1) may be 
     construed--
       (A) to limit the acquisition of information as otherwise 
     provided by law; or
       (B) to require a person to disclose information regarding 
     an individual's immigration status prior to the provision of 
     emergency medical assistance.

                                 ______
                                 
  SA 1474. Mr. REID 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:

       Insert before section 426 the following:

     SEC. 425A. BLANKET PETITIONS TO SPONSOR INTERNATIONAL 
                   ATHLETES AND PERFORMERS.

       Section 214(c)(4) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)(4)) is amended by adding at the end the 
     following:
       ``(F)(i) The Secretary of Homeland Security shall provide 
     for a procedure under which a petitioner for aliens described 
     in section 101(a)(15)(P) may file a blanket petition to 
     import such aliens (including their essential support 
     personnel) as nonimmigrants described in such section instead 
     of filing individual petitions under paragraph (1) to import 
     such aliens. Such procedure shall permit the expedited 
     processing of visas for admission of aliens covered under 
     such a petition.
       ``(ii) A petitioner may file such a blanket petition 
     seeking continuing approval to import the aliens as described 
     in clause (i), for itself and some or all of its parent 
     organizations, branches, subsidiaries, and affiliates 
     (collectively referred to in this subparagraph as `qualifying 
     organizations'), if--
       ``(I) the petitioner has an office in the United States 
     where the petitioner has been doing business for not less 
     than 1 year; and
       ``(II) the petitioner and the petitioner's qualifying 
     organizations--

[[Page S7267]]

       ``(aa) have obtained approval of petitions under paragraph 
     (1) for at least 10 aliens described in section 101(a)(15)(P) 
     during the previous 12 months;
       ``(bb) have worldwide combined annual sales of at least 
     $5,000,000; or
       ``(cc) have a United States workforce of at least 500 
     employees.
       ``(iii) A petitioner that meets the requirements of clause 
     (ii) may request a blanket advisory opinion from a labor 
     organization described in paragraph (6)(A)(iii).
       ``(iv) Notwithstanding paragraph (1), the question of 
     importing any alien under a petition described in this 
     subparagraph shall be determined by the Secretary of Homeland 
     Security.
       ``(v) United States consular officers shall have authority 
     to determine eligibility of individual aliens outside the 
     United States seeking admission under blanket petitions filed 
     under this subparagraph for aliens described in section 
     101(a)(15)(P), except for visa-exempt nonimmigrants. Visa-
     exempt nonimmigrants may seek a determination of such 
     eligibility from an authorized Department of Homeland 
     Security officer at a United States port of entry.
       ``(G) A petition approved under subparagraph (F) for an 
     alien described in section 101(a)(15)(P) shall be valid for 
     an initial period of time determined by the Secretary of 
     Homeland Security, which shall not exceed 2 years.''.

                                 ______
                                 
  SA 1475. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 1409 submitted by Mr. Schumer (for himself and Mrs. 
Hutchison) and intended to be proposed 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 6, after line 12 of the amendment, insert the 
     following:
       (d) Fee for Recapture of Unused Employment-Based Immigrant 
     Visas.--Section 106(d) of the American Competitiveness in the 
     Twenty-first Century Act of 2000 (Public Law 106-313; 8 
     U.S.C. 1153 note), as amended by subsection (c)(1), is 
     further amended by adding at the end the following:
       ``(5) Fee for recapture of unused employment-based 
     immigrant visas.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     impose a fee upon each petitioning employer who uses a visa 
     recaptured from fiscal years 1996 and 1997 under this 
     subsection to provide employment for an alien as a 
     professional nurse, provided that--
       ``(i) such fee shall be in the amount of $1,500 for each 
     such alien nurse (but not for dependents accompanying or 
     following to join who are not professional nurses); and
       ``(ii) no fee shall be imposed for the use of such visas if 
     the employer demonstrates to the Secretary that--

       ``(I) the employer is a health care facility that is 
     located in a county or parish that received individual and 
     public assistance pursuant to Major Disaster Declaration 
     number 1603 or 1607; or
       ``(II) the employer is a health care facility that has been 
     designated as a Health Professional Shortage Area facility by 
     the Secretary of Health and Human Services as defined in 
     section 332 of the Public Health Service Act (42 U.S.C. 
     254e).

       ``(B) Fee collection.--A fee imposed by the Secretary of 
     Homeland Security pursuant to this paragraph shall be 
     collected by the Secretary as a condition of approval of an 
     application for adjustment of status by the beneficiary of a 
     petition or by the Secretary of State as a condition of 
     issuance of a visa to such beneficiary.''.
       (e) Domestic Nursing Enhancement Account.--Section 286 of 
     the Immigration and Nationality Act (8 U.S.C. 1356) is 
     amended by adding at the end the following:
       ``(w) Domestic Nursing Enhancement Account.--
       ``(1) Establishment.--There is established in the general 
     fund of the Treasury a separate account which shall be known 
     as the `Domestic Nursing Enhancement Account.' 
     Notwithstanding any other provision of law, there shall be 
     deposited as offsetting receipts into the account all fees 
     collected under section 106(d)(5) of the American 
     Competitiveness in the Twenty-first Century Act of 2000 
     (Public Law 106-313; 8 U.S.C. 1153 note). Nothing in this 
     subsection shall prohibit the depositing of other moneys into 
     the account established under this section.
       ``(2) Use of funds.--Amounts collected under section 
     106(d)(5) of the American Competitiveness in the Twenty-first 
     Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note), 
     and deposited into the account established under paragraph 
     (1) shall be used by the Secretary of Health and Human 
     Services to carry out section 832 of the Public Health 
     Service Act. Such amounts shall be available for obligation 
     only to the extent, and in the amount, provided in advance in 
     appropriations Acts. Such amounts are authorized to remain 
     available until expended.''.
       (f) Capitation Grants to Increase the Number of Nursing 
     Faculty and Students.--Part D of title VIII of the Public 
     Health Service Act (42 U.S.C. 296p et seq.) is amended by 
     adding at the end the following:

     ``SEC. 832. CAPITATION GRANTS.

       ``(a) In General.--For the purpose described in subsection 
     (b), the Secretary, acting through the Health Resources and 
     Services Administration, shall award a grant each fiscal year 
     in an amount determined in accordance with subsection (c) to 
     each eligible school of nursing that submits an application 
     in accordance with this section.
       ``(b) Purpose.--A funding agreement for a grant under this 
     section is that the eligible school of nursing involved will 
     expend the grant to increase the number of nursing faculty 
     and students at the school, including by hiring new faculty, 
     retaining current faculty, purchasing educational equipment 
     and audiovisual laboratories, enhancing clinical 
     laboratories, repairing and expanding infrastructure, or 
     recruiting students.
       ``(c) Grant Computation.--
       ``(1) Amount per student.--Subject to paragraph (2), the 
     amount of a grant to an eligible school of nursing under this 
     section for a fiscal year shall be the total of the 
     following:
       ``(A) $1,800 for each full-time or part-time student who is 
     enrolled at the school in a graduate program in nursing 
     that--
       ``(i) leads to a masters degree, a doctoral degree, or an 
     equivalent degree; and
       ``(ii) prepares individuals to serve as faculty through 
     additional course work in education and ensuring competency 
     in an advanced practice area.
       ``(B) $1,405 for each full-time or part-time student who--
       ``(i) is enrolled at the school in a program in nursing 
     leading to a bachelor of science degree, a bachelor of 
     nursing degree, a graduate degree in nursing if such program 
     does not meet the requirements of subparagraph (A), or an 
     equivalent degree; and
       ``(ii) has not more than 3 years of academic credits 
     remaining in the program.
       ``(C) $966 for each full-time or part-time student who is 
     enrolled at the school in a program in nursing leading to an 
     associate degree in nursing or an equivalent degree.
       ``(2) Limitation.--In calculating the amount of a grant to 
     a school under paragraph (1), the Secretary may not make a 
     payment with respect to a particular student--
       ``(A) for more than 2 fiscal years in the case of a student 
     described in paragraph (1)(A) who is enrolled in a graduate 
     program in nursing leading to a master's degree or an 
     equivalent degree;
       ``(B) for more than 4 fiscal years in the case of a student 
     described in paragraph (1)(A) who is enrolled in a graduate 
     program in nursing leading to a doctoral degree or an 
     equivalent degree;
       ``(C) for more than 3 fiscal years in the case of a student 
     described in paragraph (1)(B); or
       ``(D) for more than 2 fiscal years in the case of a student 
     described in paragraph (1)(C).
       ``(d) Eligibility.--In this section, the term `eligible 
     school of nursing' means a school of nursing that--
       ``(1) is accredited by a nursing accrediting agency 
     recognized by the Secretary of Education;
       ``(2) has a passage rate on the National Council Licensure 
     Examination for Registered Nurses of not less than 80 percent 
     for each of the 3 academic years preceding submission of the 
     grant application; and
       ``(3) has a graduation rate (based on the number of 
     students in a class who graduate relative to, for a 
     baccalaureate program, the number of students who were 
     enrolled in the class at the beginning of junior year or, for 
     an associate degree program, the number of students who were 
     enrolled in the class at the end of the first year) of not 
     less than 80 percent for each of the 3 academic years 
     preceding submission of the grant application.
       ``(e) Requirements.--The Secretary may award a grant under 
     this section to an eligible school of nursing only if the 
     school gives assurances satisfactory to the Secretary that, 
     for each academic year for which the grant is awarded, the 
     school will comply with the following:
       ``(1) The school will maintain a passage rate on the 
     National Council Licensure Examination for Registered Nurses 
     of not less than 80 percent.
       ``(2) The school will maintain a graduation rate (as 
     described in subsection (d)(3)) of not less than 80 percent.
       ``(3)(A) Subject to subparagraphs (B) and (C), the first-
     year enrollment of full-time nursing students in the school 
     will exceed such enrollment for the preceding academic year 
     by 5 percent or 5 students, whichever is greater.
       ``(B) Subparagraph (A) shall not apply to the first 
     academic year for which a school receives a grant under this 
     section.
       ``(C) With respect to any academic year, the Secretary may 
     waive application of subparagraph (A) if--
       ``(i) the physical facilities at the school involved limit 
     the school from enrolling additional students; or
       ``(ii) the school has increased enrollment in the school 
     (as described in subparagraph (A)) for each of the 2 
     preceding academic years.
       ``(4) Not later than 1 year after receiving a grant under 
     this section, the school will formulate and implement a plan 
     to accomplish at least 2 of the following:
       ``(A) Establishing or significantly expanding an 
     accelerated baccalaureate degree nursing program designed to 
     graduate new nurses in 12 to 18 months.
       ``(B) Establishing cooperative intradisciplinary education 
     among schools of nursing with a view toward shared use of 
     technological resources, including information technology.

[[Page S7268]]

       ``(C) Establishing cooperative interdisciplinary training 
     between schools of nursing and schools of allied health, 
     medicine, dentistry, osteopathy, optometry, podiatry, 
     pharmacy, public health, or veterinary medicine, including 
     training for the use of the interdisciplinary team approach 
     to the delivery of health services.
       ``(D) Integrating core competencies on evidence-based 
     practice, quality improvements, and patient-centered care.
       ``(E) Increasing admissions, enrollment, and retention of 
     qualified individuals who are financially disadvantaged.
       ``(F) Increasing enrollment of minority and diverse student 
     populations.
       ``(G) Increasing enrollment of new graduate baccalaureate 
     nursing students in graduate programs that educate nurse 
     faculty members.
       ``(H) Developing post-baccalaureate residency programs to 
     prepare nurses for practice in specialty areas where nursing 
     shortages are most severe.
       ``(I) Increasing integration of geriatric content into the 
     core curriculum.
       ``(J) Partnering with economically disadvantaged 
     communities to provide nursing education.
       ``(K) Expanding the ability of nurse managed health centers 
     to provide clinical education training sites to nursing 
     students.
       ``(5) The school will submit an annual report to the 
     Secretary that includes updated information on the school 
     with respect to student enrollment, student retention, 
     graduation rates, passage rates on the National Council 
     Licensure Examination for Registered Nurses, the number of 
     graduates employed as nursing faculty or nursing care 
     providers within 12 months of graduation, and the number of 
     students who are accepted into graduate programs for further 
     nursing education.
       ``(6) The school will allow the Secretary to make on-site 
     inspections, and will comply with the Secretary's requests 
     for information, to determine the extent to which the school 
     is complying with the requirements of this section.
       ``(f) Reports to Congress.--The Secretary shall evaluate 
     the results of grants under this section and submit to 
     Congress--
       ``(1) not later than 18 months after the date of the 
     enactment of this section, an interim report on such results; 
     and
       ``(2) not later than September 30, 2010, a final report on 
     such results.
       ``(g) Application.--An eligible school of nursing seeking a 
     grant under this section shall submit an application to the 
     Secretary at such time, in such manner, and containing such 
     information and assurances as the Secretary may require.
       ``(h) Authorization of Appropriations.--In addition to the 
     amounts in the Domestic Nursing Enhancement Account, 
     established under section 286(w) of the Immigration and 
     Nationality Act, there are authorized to be appropriated such 
     sums as may be necessary to carry out this section.''.
       (g) Global Health Care Cooperation.--
       (1) 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).''.
       (2) Rulemaking.--
       (A) 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.
       (B) Content.--The regulations promulgated pursuant to 
     subparagraph (A) shall--
       (i) permit an eligible alien (as defined in section 317A of 
     the Immigration and Nationality Act, as added by paragraph 
     (1)) 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;
       (ii) 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
       (iii) 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.
       (3) Technical and conforming amendments.--
       (A) 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,''.
       (B) 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),''.
       (C) 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,''.
       (D) 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)''.
       (E) 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''.

       (4) Authorization of appropriations.--There are authorized 
     to be appropriated to United States Citizenship and 
     Immigration Services such sums as may be necessary to carry 
     out this subsection and the amendments made by this 
     subsection.
       (h) 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)) is 
     amended by adding at the end the following:
       ``(E) 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,

[[Page S7269]]

     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 (E) 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 (E), regardless of whether regulations to 
     implement such subparagraph have been promulgated.

                          ____________________