[Congressional Record Volume 153, Number 91 (Thursday, June 7, 2007)]
[Senate]
[Pages S7391-S7414]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1476. Mr. CONRAD submitted an amendment intended to be proposed to 
amendment SA 1251 submitted by Mr. Conrad 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:
       In lieu of the matter proposed to be inserted, insert the 
     following:

     SEC. __. PEACE GARDEN PASS.

       (a) Authorization.--
       (1) In general.--The Secretary, in consultation with the 
     Director of the Bureau of Citizenship and Immigration 
     Services, shall develop a travel document (referred to in 
     this section as the ``Peace Garden Pass'') to allow citizens 
     of the United States described in subsection (b) to travel to 
     the International Peace Garden on the borders of the State of 
     North Dakota and Manitoba, Canada (and to be readmitted into 
     the United States).
       (2) Maintaining border security.--The Secretary shall take 
     any appropriate measures to ensure that the Peace Garden Pass 
     does not weaken border security or otherwise pose a threat to 
     national security, including--
       (A) including biographic data on the Peace Garden Pass; and
       (B) using databases to verify the identity and other 
     relevant information of holders of the Peace Garden Pass upon 
     re-entry into the United States.
       (b) Admittance.--The Peace Garden Pass shall be issued for 
     the sole purpose of traveling to the International Peace 
     Garden from the United States and returning from the 
     International Peace Garden to the United States without 
     having been granted entry into Canada.
       (c) Characteristics of the Peace Garden Pass.--The Peace 
     Garden Pass shall be--
       (1) machine-readable;
       (2) tamper-proof; and
       (3) not valid for certification of citizenship for any 
     other purpose other than admission into the United States 
     from the Peace Garden
       (d) Identification.--The Secretary shall--
       (1) determine what form of identification (other than a 
     passport or passport card) will be required to be presented 
     by individuals applying for the Peace Garden Pass; and
       (2) ensure that cards are only issued to--
       (A) individuals providing the identification required under 
     paragraph (1); or
       (B) individuals under 18 years of age who are accompanied 
     by an individual described in subparagraph (A).
       (e) Limitation.--The Peace Garden Pass shall not grant 
     entry into Canada.
       (f) Duration.--Each Peace Garden Pass shall be valid for a 
     period not to exceed 14 days. The actual period of validity 
     shall be determined by the issuer depending on the individual 
     circumstances of the applicant and shall be clearly indicated 
     on the pass.
       (g) Cost.--The Secretary may not charge a fee for the 
     issuance of a Peace Garden Pass.

                                 ______
                                 
  SA 1477. Mr. HATCH submitted an amendment intended to be proposed to 
amendment SA 1438 submitted by Mr. Sessions 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 1, after the last line, insert the following:
       (_) Social Security Cards.--
       (1) Inclusion of biometric data.--Notwithstanding section 
     305(a)(2) of this Act, section 205(c)(2)(G) of the Social 
     Security Act (42 U.S.C. 405(c)(2)(G)) is amended to read as 
     follows:
       ``(G) The Commissioner of Social Security shall issue a 
     social security card to each individual at the time of the 
     issuance of a social security account number to such 
     individual. Beginning not later than 2 years after the date 
     of the enactment of the Secure Borders, Economic Opportunity, 
     and Immigration Reform Act of 2007, all social security cards 
     issued under this subparagraph shall be fraud-resistant, 
     tamper-resistant, and wear-resistant, and shall include 
     biometric data.''.
       (2) Biometrics feasibility report.--Notwithstanding the 
     second paragraph (3) in section 305(a), the Commissioner of 
     Social Security is not required to submit to Congress a 
     report on the utility, costs, and feasibility of including a 
     photograph and other biometric information on the social 
     security card.
       (3) Reissuance of social security cards.--Not later than 3 
     years after the date of the enactment of this Act, the 
     Commissioner of Social Security replace any social security 
     cards that do not meet the standards described in section 
     205(c)(2)(G) of the Social Security Act, as amended by 
     paragraph (1) of this subsection, with social security cards 
     that meet such standards.
       (4) Employee verification.--Beginning on the date that is 3 
     years after the date of the enactment of this Act, a social 
     security card may not be used for employee verification 
     purposes unless such card meets the standards described in 
     section 205(c)(2)(G) of the Social Security Act, as amended 
     by paragraph (1) of this subsection.
       (5) Social security cards for nonimmigrants.--Social 
     security cards issued to an individual who is not a citizen 
     or legal permanent resident of the United States shall 
     prominently display an expiration date, which shall be the 
     date on which the work eligibility of such individual 
     expires.

                                 ______
                                 
  SA 1478. Mr. LIEBERMAN submitted an amendment intended to be proposed 
to amendment SA 1332 submitted by Mr. Sanders (for himself and Mr. 
Grassley) 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 2, after line 17, add the following:
       (d) Exception.--Subsections (a) and (b) shall not apply if 
     the employer attests, under penalty of perjury, that the mass 
     layoff did not result in the employment loss (as defined in 
     section 2(a)(6) of the Worker Adjustment and Retraining 
     Notification Act (29 U.S.C. 2101(a)(6))) of any United States 
     worker at the same location and from the specific position 
     that is to be filled by the nonimmigrant who is the subject 
     of the visa petition.

                                 ______
                                 
  SA 1479. Mr. BINGAMAN submitted an amendment intended to be proposed 
to amendment SA 1268 submitted by Mr. Bingaman 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       ``(D) under section 101(a)(15)(Y)(ii), may not exceed--
       ``(i) 100,000 for the first fiscal year in which the 
     program is implemented;
       ``(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) 300,000 for any fiscal year.'';
       (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) and (D)(ii) 
     of paragraph (1)--
       ``(A) 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;
       ``(B) 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; and
       ``(C) with the exception of the first subsequent fiscal 
     year to the fiscal year in which

[[Page S7392]]

     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.'';
       (4) in paragraph (10), as redesignated by paragraph (2) of 
     this section, by amending subparagraph (A) to read as 
     follows:
       ``(A) Subject to subparagraphs (B) and (C), an alien who 
     has been already been counted toward the numerical 
     limitations under paragraph (1)(D) during any 1 of the 3 
     fiscal years immediately preceding the fiscal year of the 
     approved start date of a petition for a nonimmigrant worker 
     described in section 101(a)(15)(H)(ii)(b) shall not be 
     counted toward the limitations under clauses (i) and (ii) of 
     paragraph (1)(D) for the fiscal year in which the petition is 
     approved. Such alien shall be considered a returning 
     worker.''; and
       (5) in paragraph (11), as redesignated by paragraph (2) of 
     this section--
       (A) by inserting ``(A)'' after ``(11)''; and
       (B) by adding at the end the following:
       ``(B) The numerical limitations under paragraph (1)(D) 
     shall be allocated for each fiscal year to ensure that the 
     total number of aliens subject to such numerical limits who 
     enter the United States pursuant to a visa or are accorded 
     nonimmigrant status under section 101(a)(15)(Y)(ii) during 
     the first 6 months of such fiscal year is not greater than 50 
     percent of the total number of such visas available for that 
     fiscal year.''.

     SEC. 410. REQUIREMENTS FOR PARTICIPATING COUNTRIES.

       (a) In General.--The Secretary of State, in cooperation 
     with the Secretary and the Attorney General, may, as a 
     condition of authorizing the grant of nonimmigrant visas for 
     Y nonimmigrants who are citizens or nationals of any foreign 
     country, negotiate with each such country to enter into a 
     bilateral agreement with the United States that conforms to 
     the requirements under subsection (b).
       (b) Requirements of Bilateral Agreements.--It is the sense 
     of Congress that each agreement negotiated under subsection 
     (a) shall require the participating home country to--

                                 ______
                                 
  SA 1480. 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:

       Strike section 607 and insert the following:

     SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO 
                   ENUMERATION OR FOR ANY PERIOD WITHOUT WORK 
                   AUTHORIZATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by adding at the end, the 
     following new subsections:
       ``(d)(1) Except as provided in paragraph (2)--
       ``(A) no quarter of coverage shall be credited for purposes 
     of this section if, with respect to any individual who is 
     assigned a social security account number on or after the 
     date of enactment of the Secure Borders, Economic Opportunity 
     and Immigration Reform Act of 2007, such quarter of coverage 
     is earned prior to the year in which such social security 
     account number is assigned; and
       ``(B) no quarter of coverage shall be credited for purposes 
     of this section for any calendar year, with respect to an 
     individual who is not a natural-born United States citizen, 
     unless the Commissioner of Social Security determines, on the 
     basis of information provided to the Commissioner in 
     accordance with an agreement entered into under subsection 
     (e) or otherwise, that the individual was authorized to be 
     employed in the United States during such quarter.
       ``(2) Paragraph (1) shall not apply with respect to any 
     quarter of coverage earned by an individual who, at such time 
     such quarter of coverage is earned, satisfies the criterion 
     specified in subsection (c)(2).
       ``(e) Not later than 180 days after the date of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007, the Secretary of Homeland Security shall enter into an 
     agreement with the Commissioner of Social Security to provide 
     such information as the Commissioner determines necessary to 
     carry out the limitations on crediting quarters of coverage 
     under subsection (d).''.
       (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 who is assigned a social security account 
     number on or after the date of enactment of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007, there shall not be counted any wages or self-employment 
     income for which no quarter of coverage may be credited to 
     such individual as a result of the application of section 
     214(d).''.

                                 ______
                                 
  SA 1481. Mr. BAUCUS 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, line 19, strike the period and insert ``, 
     or''.
       On page 224, between lines 19 and 20, insert the following:
       ``(vi) a document described in paragraph (7).''.
       On page 228, between lines 22 and 23, insert the following:
       ``(7) Document evidencing membership or enrollment in, or 
     affiliation with, a federally-recognized indian tribe.--
       ``(A) In general.--For purposes of paragraph (1)(B)(vi), a 
     document described in this paragraph is a document that the 
     Secretary recognizes by regulation evidences membership or 
     enrollment in, or affiliation with, a federally-recgonized 
     Indian tribe.
       ``(B) Promulgation of regulations.--Not later than 1 year 
     after the date of enactment of this subsection, the Secretary 
     shall promulgate regulations to recognize such documents.
       ``(C) Rule of construction.--Nothing in this subsection 
     shall be construed as abrogating or diminishing the rights 
     and privileges of tribal members under the Jay Treaty, done 
     at London November 19, 1794.''.

                                 ______
                                 
  SA 1482. Ms. CANTWELL (for herself and Mr. Durbin) 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:

       Beginning on page 238, strike line 13, and all that follows 
     through line 24 on page 250 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 50,000--
       ``(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.
       (c) Provision of w-2 Forms.--Section 214(g)(5) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)(5)), as 
     renumbered by section 405, is amended to read as follows:
       ``(5) In the case of a nonimmigrant described in section 
     1101(a)(15)(H)(i)(b) of this title--
       ``(A) the period of authorized admission as such a 
     nonimmigrant may not exceed six years; [Provided that, this 
     provision shall not apply to such a nonimmigrant who has

[[Page S7393]]

     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 one-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 six years, any subsequent application for 
     an extension of stay for such alien must 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 may in his 
     discretion specify, with respect to such nonimmigrant alien 
     employee for the period of admission granted to the alien; 
     and
       ``(C) notwithstanding section 6103 of title 26, United 
     States Code, 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 clause (i) 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) Section 214(g)(4) of the Immigration and Nationality 
     Act (8 U.S.C. 1184(g)(4)) is amended by inserting before the 
     period: ``; Provided that, this provision 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 one-year increments until such time as a final 
     decision is made on the alien's lawful permanent 
     residence.''.
       (2) Sections 106(a) and 106(b) of the American 
     Competitiveness in the Twenty-First Century Act of 2000--
     Immigration Services and Infrastructure Improvements Act of 
     2000, Public Law 106-313, are hereby repealed.

     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) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(n)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E)--

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

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

[[Page S7394]]

     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 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

[[Page S7395]]

     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--
       ``(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--

[[Page S7396]]

       ``(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.
       On page 260, line 39, strike ``and''.
       On page 260, after line 44, insert the following:
       (iii) up to 40,000 shall be for aliens who met the 
     specifications set forth in section 203(b)(1)(as of January 
     1, 2007); and
       (iv) the remaining visas be allocated as follows:

       (I) In fiscal year 2008 and 2009, 85,401 shall be for 
     aliens who are the beneficiaries of a petition filed by an 
     employer on their behalf under this section.
       (II) In fiscal year 2010, 56,934 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       (III) In fiscal year 2011, 28,467 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       (IV) In fiscal year 2012, 14,234 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.

       On page 265, between lines 15 and 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.''.
       (2)(A) Section 214(g) of the Immigration and Nationality 
     Act is amended by adding at the end the following new 
     paragraph:
       ``(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 or 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.''.
       (B) The amendment made by subparagraph (A) shall take 
     effect on the first day of the fiscal year following the 
     fiscal year in which the backlog of employment-based 
     immigrant visa petitions existing as of the effective date 
     established in section 502(d) of this Act.
       On page 266, line 4, insert ``The beneficiary of such a 
     pending or approved petition, and any dependent accompanying 
     or following to join such beneficiary, may file an 
     application for adjustment of status under section 245(a) of 
     the Immigration and Nationality Act (8 U.S.C. 1255) 
     regardless of whether an immigrant visa is immediately 
     available at the time the application is filed. Such 
     application for adjustment of status shall not be approved 
     until an immigrant visa becomes available.'' after ``visa.''.
                                 ______
                                 
  SA 1483. 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. __. TREATMENT OF CERTAIN NATIONALS OF IRAQ.

       (a) Requirement for Rehearing of Certain Claims Denied on 
     Basis of Changed Country Conditions.--Section 208(b) of the 
     Immigration and Nationality Act (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 
     rehearing before an immigration judge of an application for 
     asylum or withholding of removal if the alien--
       ``(A) is a religious minority from Iraq 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) has remained in the United States as of the date of 
     the enactment of this paragraph.''.
       (b) Consideration 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 is a member of a religious minority group in 
     Iraq; 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 1484. 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, at the time the alien 
     files the application, a State impact assistance fee of $750 
     and an additional $100 fee for each dependent accompanying or 
     following to join the alien.
                                 ______
                                 
  SA 1485. Mr. LEVIN submitted an amendment intended to be proposed to 
amendment SA 1342 submitted by Mr. Levin (for himself and Ms. Mikulski) 
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 174, line 4, insert ``For seasonal businesses, such 
     a waiver shall not be necessary if the average unemployment 
     rate in the county was less than 7 percent for the period in 
     the preceding year when the Y nonimmigrant would have been 
     employed.'' after ``section (b).''.
                                 ______
                                 
  SA 1486. Mr. LEVIN (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed to amendment SA 1443 submitted by Mr. 
Levin 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:

       At the appropriate place, insert the following:

     SEC. __. TREATMENT OF CERTAIN NATIONALS OF IRAQ.

       (a) Requirement for Rehearing of Certain Claims Denied on 
     Basis of Changed Country Conditions.--Section 208(b) of the 
     Immigration and Nationality Act (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 
     rehearing before an immigration judge of an application for 
     asylum or withholding of removal if the alien--
       ``(A) is a religious minority from Iraq 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) has remained in the United States as of the date of 
     the enactment of this paragraph.''.
       (b) Consideration 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 he or she is a member of a 
     religious minority group in Iraq; and
       (3) is able to demonstrate that he or she left Iraq before 
     January 1, 2007, and has resided outside Iraq since that 
     time.

[[Page S7397]]

                                 ______
                                 
  SA 1487. 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:

       Strike sections 606 and 607 and insert the following:

     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 PRIOR TO 
                   ENUMERATION OR FOR ANY PERIOD WITHOUT WORK 
                   AUTHORIZATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by adding at the end, the 
     following new subsections:
       ``(d)(1) Except as provided in paragraph (2)--
       ``(A) no quarter of coverage shall be credited for purposes 
     of this section if, with respect to any individual who is 
     assigned a social security account number on or after the 
     date of enactment of the Secure Borders, Economic Opportunity 
     and Immigration Reform Act of 2007, such quarter of coverage 
     is earned prior to the year in which such social security 
     account number is assigned; and
       ``(B) no quarter of coverage shall be credited for purposes 
     of this section for any calendar year, with respect to an 
     individual who is not a natural-born United States citizen, 
     unless the Commissioner of Social Security determines, on the 
     basis of information provided to the Commissioner in 
     accordance with an agreement entered into under subsection 
     (e) or otherwise, that the individual was authorized to be 
     employed in the United States during such quarter.
       ``(2) Paragraph (1) shall not apply with respect to any 
     quarter of coverage earned by an individual who, at such time 
     such quarter of coverage is earned, satisfies the criterion 
     specified in subsection (c)(2). ``(e) Not later than 180 days 
     after the date of the Secure Borders, Economic Opportunity 
     and Immigration Reform Act of 2007, the Secretary of Homeland 
     Security shall enter into an agreement with the Commission of 
     Social Security to provide such information as the 
     Commissioner determines necessary to carry out the 
     limitations on crediting quarters of coverage under 
     subsection (d), however, this provision shall not be 
     construed to establish an effective date for purposes of this 
     section.''
       (b) Benefit Computation.--Section 215(e) of such Act (42 
     U.S.C. 415(e)) is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) in computing the average indexed monthly earnings of 
     an individual who is assigned a social security account 
     number on or after the date of enactment of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007, there shall not be counted any wages or self-employment 
     income for which no quarter of coverage may be credited to 
     such individual as a result of the application of section 
     214(d).''.
       (c) Effective Date.--The amendments made by this section 
     shall be effective as of the date of enactment of this Act.
                                 ______
                                 
  SA 1488. 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:

       At the appropriate place insert the following:

     SEC. . PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO 
                   ENUMERATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by adding at the end, the 
     following new subsection:
       ``(d)(1) Except as provided in paragraph (2), no quarter of 
     coverage shall be credited for purposes of this section if, 
     with respect to any individual who is assigned a social 
     security account number on or after the date of enactment of 
     the Secure Borders, Economic Opportunity and Immigration 
     Reform Act of 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, at such time 
     such quarter of coverage is earned, satisfies the criterion 
     specified in subsection (c)(2).''.
       (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 who is assigned a social security account 
     number on or after the date of enactment of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007, there shall not be counted any wages or self-employment 
     income for which no quarter of coverage may be credited to 
     such individual as a result of the application of section 
     214(d).''.
                                 ______
                                 
  SA 1489. 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 paragraphs (1) and (2).
                                 ______
                                 
  SA 1490. 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:

       Strike sections 606 and 607 and insert the following:

     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.
       The effective date of this section shall be one day after 
     the date of enactment.

     SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO 
                   ENUMERATION OR FOR ANY PERIOD WITHOUT WORK 
                   AUTHORIZATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by adding at the end, the 
     following new subsections:
       ``(d)(1) Except as provided in paragraph (2)--
       ``(A) no quarter of coverage shall be credited for purposes 
     of this section if, with respect to any individual who is 
     assigned a social security account number on or after the 
     date of enactment of the Secure Borders, Economic Opportunity 
     and Immigration Reform Act of 2007, such quarter of coverage 
     is earned prior to the year in which such social security 
     account number is assigned; and
       ``(B) no quarter of coverage shall be credited for purposes 
     of this section for any calendar year, with respect to an 
     individual who is not a natural-born United States citizen, 
     unless the Commissioner of Social Security determines, on the 
     basis of information provided to the Commissioner in 
     accordance with an agreement entered into under subsection 
     (e) or otherwise, that the individual was authorized to be 
     employed in the United States during such quarter.
       ``(2) Paragraph (1) shall not apply with respect to any 
     quarter of coverage earned by an individual who, at such time 
     such quarter of coverage is earned, satisfies the criterion 
     specified in subsection (c)(2).
       ``(e) Not later than 180 days after the date of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007, the Secretary of Homeland Security shall enter into an 
     agreement with the Commission of Social Security to provide 
     such information as the Commissioner determines necessary to 
     carry out the limitations on crediting quarters of cover 
     under subsection, (d), however, this provision shall not be 
     construed to establish an effective date for purposes of this 
     section.''.
       (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 who is assigned a social security account 
     number on or after the date of enactment of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007, there shall not be counted any wages or self-employment 
     income for which no quarter of coverage may be credited to 
     such individual as a result of the application of section 
     214(d).''.
       (c) Effective Date.--The amendments made by this section 
     shall be effective as of the date of enactment of this Act.
                                 ______
                                 
  SA 1491. Mr. COBURN submitted an amendment intended to be proposed by 
him to the joint resolution S.J. Res. 14, expressing the sense of the 
Senate that Attorney General Alberto Gonzales no longer holds the 
confidence of the Senate and of the American people; which was ordered 
to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. NO CONFIDENCE IN CONGRESS.

       (a) Findings.--The Senate finds the following:
       (1) The national debt of the United States of America now 
     exceeds $8,500,000,000,000.
       (2) Each United States citizen's share of this debt exceeds 
     $29,000.
       (3) Every cent that the United States Government borrows 
     and adds to this debt is money stolen from future generations 
     of Americans and from important programs, including Social 
     Security and Medicare on

[[Page S7398]]

     which our senior citizens depend for their retirement 
     security.
       (4) The power of the purse belongs to Congress.
       (5) Congress authorizes and appropriates all Federal 
     discretionary spending and creates new mandatory spending 
     programs.
       (6) For too long, Congress has simply borrowed more and 
     more money to pay for new spending, while Americans want 
     Congress to live within its means, using the same set of 
     common sense rules and restraints Americans face everyday; 
     because in the real world, families cannot follow Congress's 
     example and must make difficult decisions and set priorities 
     on how to spend their limited financial resources.
       (7) Last year, the interest costs of the Federal debt the 
     Government must pay to those who buy U.S. Treasury bonds were 
     about 8 percent of the total Federal budget. In total, the 
     Federal government spent $226,000,000,000 on interest costs 
     alone last year.
       (8) According to the Government Accountability Office, 
     interest costs will consume 25 percent of the entire Federal 
     budget by 2035. By way of comparison, the Department of 
     Education's share of Federal spending in 2005 was 
     approximately 3 percent of all Federal spending. The 
     Department of Health and Human Services was responsible for 
     approximately 23 percent of all Federal spending. Spending by 
     the Social Security Administration was responsible for about 
     20 percent of all Federal spending. Spending on Medicare was 
     about 12 percent of all Federal spending. Spending in 2005 by 
     the Department of Defense, in the midst of 2 wars in Iraq and 
     Afghanistan and a global war against terrorism, comprised 
     about 19 percent of all Federal spending. Thus, if we do not 
     change our current spending habits, the Government 
     Accountability Office estimates that as a percentage of 
     Federal spending, interest costs in 2035 will be larger than 
     defense costs today, Social Security costs today, Medicare 
     costs today, and education costs today.
       (9) Congress has raided the Social Security and Medicare 
     Trust Funds for decades to hide the true size of the annual 
     budget deficit. This practice has undermined the solvency of 
     these programs and threatens both the retirement security of 
     today's workers and the economic opportunities of future 
     generations of Americans.
       (10) It is irresponsible for Congress to create or expand 
     Government programs that will result in borrowing from Social 
     Security, Medicare, foreign nations, or future generations of 
     Americans without reductions in spending elsewhere within the 
     Federal budget.
       (11) Last month, Congress approved a $2,900,000,000,000 
     budget resolution that includes $23,000,000,000 more in 
     spending than was requested by the President.
       (12) Congress has repeatedly demonstrated its inability to 
     prioritize spending. The Senate has approved the 
     authorization of hundreds of billions of dollars in new 
     spending this year alone while repeatedly rejecting 
     amendments to cut wasteful spending.
       (13) The Senate has twice this year rejected amendments 
     stating that Congress has a moral obligation to offset the 
     cost of new Government programs and initiatives.
       (14) Among the projects that Congress has authorized 
     spending for this year include a new visitors center in 
     Louisiana and beach enhancement in southern California. When 
     posed with the question to first house displaced Louisiana 
     storm survivors before spending money to construct the 
     visitors center, the Senate overwhelming voted to construct 
     the visitors center. When given the option to first protect 
     the millions of citizens who live in the Sacramento area from 
     floods before adding sand to a southern California beach, the 
     Senate overwhelming voted for sandy beaches.
       (15) Congress's inability to prioritize spending may be 
     best epitomized by the Senate's vote to build a controversial 
     bridge in Alaska. When given the choice to spend nearly half 
     a billion dollars to repair the Twin Spans Bridge in New 
     Orleans damaged by Hurricane Katrina or to construct a new 
     bridge nearly as long as the Golden Gate Bridge and higher 
     than the Brooklyn Bridge to an island with 50 residents in 
     Alaska, the Senate voted overwhelming in favor of the new 
     Alaska bridge.
       (16) The cost of Congressional pork projects, known as 
     earmarks, has more than doubled from $19,500,000,000 in 1996 
     to more than $47,400,000,000 in 2005. Earmarks have been 
     linked to a number of recent Congressional investigations and 
     convicted lobbyist Jack Abramoff boasted that earmarks were a 
     form of political currency doled out from what he called the 
     earmark ``favor factory''. In December of last year, the 
     public was promised by the newly elected majority that ``We 
     will place a moratorium on all earmarks until a reformed 
     process is put in place'' and that ``We will work to restore 
     an accountable, above-board, transparent process for funding 
     decisions and put an end to the abuses that have harmed the 
     credibility of Congress''. Yet, the Senate has already 
     approved hundreds of earmarks this year while failing to 
     adopt earmark reform rules changes. The House adopted earmark 
     rule changes but the appropriations committee has said it 
     will circumvent these reforms by adding earmarks after bills 
     are passed behind closed doors when bills can no longer be 
     amended or debated.
       (17) This lack of ability to prioritize Federal spending 
     underscores the ``borrow and spend'' binge behavior of 
     Congress that has contributed to the national debt which 
     exceeds $8,500,000,000,000.
       (18) Polls have repeatedly found that Americans 
     overwhelming oppose new spending and bigger Government. A 
     February 2007 poll released by Democracy Corps found that 80 
     percent of likely voters disapprove of the Federal 
     Government's handling of spending. Of all of the issues 
     polled, the Government's handling of spending scored the 
     highest rate of voter disapproval, more than health care (71 
     percent disapproval), energy (64 percent disapproval), or the 
     environment (59 percent disapproval). One specific poll 
     question asked respondents which of 2 statements they agreed 
     with: ``I want Congress to first invest in areas like health 
     care, education, and energy, even if it means spending 
     additional money'' or ``I want Congress to first focus on 
     cutting wasteful spending and making government more 
     accountable.'' Fifty-eight percent of respondents agreed with 
     the statement about cutting wasteful spending, while only 36 
     percent agreed with spending additional money first. When 
     asked who they trusted more on the issue of spending, only 18 
     percent picked Congress. A December 2006 Gallup Poll found 
     that 61 percent of Americans thought ``big government'' was 
     the biggest threat to the country's future. This included 56 
     percent of Democrats and 63 percent of Republicans.
       (19) Congress has ignored the public's views on spending 
     which may explain its declining approval ratings in several 
     different independent polls released in the last month. Only 
     35 percent of respondents of a poll released by the 
     Associated Press approve of the way Congress is handling its 
     job, down 5 points since April. In the study released by Fox 
     News, 32 percent of respondents approve of the job Congress 
     is doing, down 3 points in a month. In a poll by Gallup 
     released by USA Today, the approval rating for Congress 
     stands at 29 percent, down 4 points since early April.
       (b) No Confidence.--It is the sense of the Senate that 
     Congress neither has the will nor the desire to cut 
     frivolous, excessive, or wasteful spending and therefore the 
     American people should have no confidence in the ability of 
     Congress or its members to balance the budget or protect the 
     long term financial solvency of Social Security, Medicare, or 
     the Nation itself.

                                 ______
                                 
  SA 1492. Mr. REID proposed an amendment to amendment SA 1235 proposed 
by Mr. Sessions 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 amendment add the following:
         Notwithstanding any other provision of this act the 
     following shall take effect for the Z Nonimmigration 
     category:
       (b) Establishment of Z Nonimmigrant Category.--
       (1) In general.--Section 101(a)(15) (8 U.S.C. 1101(a)(15)), 
     as amended by section 401(a), is further amended by adding at 
     the end the following:
       ``(Z) subject to title VI of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007, an alien 
     who--
       ``(i)(I) has maintained a continuous physical presence in 
     the United States since the date that is 4 years before the 
     date of the enactment of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007;
       ``(II) is employed, and seeks to continue performing labor, 
     services, or education; and
       ``(III) the Secretary of Homeland Security determines has 
     sufficient ties to a community in the United States, based 
     on--

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

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

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

[[Page S7399]]

       ``(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 1493. Mr. REID proposed an amendment to amendment SA 1199 proposed 
by Mr. Dodd (for himself and Mr. Menendez) 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 appropriate place, insert the following:

     SEC. __. CERTIFICATION REQUIREMENT.

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

                                 ______
                                 
  SA 1494. Mr. DOMENICI submitted an amendment intended to be proposed 
to amendment SA 1235 proposed by Mr. Sessions 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; which was ordered to lie on the table; as follows:

       At the end of the matter proposed to be inserted, add 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 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 1495. 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:

       At the appropriate place:
       Notwithstanding any provisions of this act, it is amended 
     as follows:

     SECTION 1. EFFECTIVE DATE TRIGGERS AND BORDER ENFORCEMENT.

       ``(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.
       (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.
       (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;
       (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.''
       ``(D) knowingly exceeds by 60 days or more the period of 
     the alien's admission or parole into the United States.''
       ``(b) Special Effective Date.--Subsection (a)(1)(D) of 
     section 275 of the Immigration and Nationality Act, as 
     amended by this Act,

[[Page S7400]]

     shall apply to all aliens admitted or paroled after the 
     enactment of this Act.''

     SEC. 3. WORKPLACE ENFORCEMENT.

       At the appropriate place in Title III, 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.''
       Strike section 401(d)
       (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).''
       ``or Y nonimmigrant status if the alien is
       (A) (i) is inadmissible to the United States under section 
     212(a) of the Act (8 U.S.C. 1182(a)), except as provided in 
     paragraph (2);
       (ii) Nothing in this paragraph shall require the Secretary 
     to commence removal proceedings against an alien
       (B) 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;
       (C) 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
       (D) has been convicted of--
       (i) a felony, including but not limited to: first degree 
     murder; kidnapping; bank robbery; sexual exploitation, and 
     other abuse of children; selling or buying of children; 
     activities relating to children involving sexual exploitation 
     of a minor; activities relating to material constituting or 
     containing child pornography, or illegal transportation of a 
     minor; or domestic violence, a crime of stalking, or a crime 
     of child agues, child neglect, or child abandonment
       (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
       (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
       ``(3) Special five year report on the temporary worker 
     program.--Not later five years after the date of enactment, 
     submit a report to the President and Congress that contains 
     findings of fact and makes recommendations regarding--
       ``(A) the extent to which employers have complied with the 
     requirements set forth in section 218B(b)(1) of the Act to 
     recruit United States workers through newspaper advertising, 
     posting on the Internet, and posting at the place of 
     employment for a period of more than ten weeks before seeking 
     to employ a Y nonimmigrant;
       (B) the frequency with which reasonable additional 
     recruitment efforts during or beyond the established 
     recruitment period would likely have identified a qualified 
     United States worker who was able, ready, and willing to fill 
     the job;
       (C) the extent to which employers have complied with the 
     requirement set forth in section 218B(c)(1)(B) of the Act to 
     pay Y nonimmigrants the greater of--
       (i) the actual wage level paid to United States workers 
     with similar experience and qualifications for the specific 
     employment in question, or
       (ii) the prevailing competitive wage level for the 
     occupational classification in the area of employment;
       (D) the impact of Y nonimmigrants on the wages and working 
     conditions of United States workers;
       (E) whether the birth rate among citizens and permanent 
     residents of the United States is sufficient to generate 
     enough United States workers to fill all of the jobs produced 
     by the United States economy;
       (F) the frequency with which Y nonimmigrants have 
     overstayed their period of authorized admission as 
     established by section 218A(i) of the Act, and the 
     effectiveness of the Department of Homeland Security in 
     identifying, locating, and removing Y nonimmigrants who 
     overstay their visas; and (G) the effectiveness of the state 
     impact fee requirements set forth in sections 218A(e)(3)(B) 
     and 218B(a)(3) of the Act in combination with the family 
     support and family medical insurance requirements set forth 
     in section 218A(e)(8) of the Act in reducing the cost to 
     states and localities of providing emergency health services 
     to individuals who are not United States citizens.
       (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''.
       (d) 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
       ``(ii) 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)(l5)(H)(i)(b) in the following quantities:''; 
     and
       (ii) by striking clause (iv); and
       (B) by striking subparagraph (D).
       (e) 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 50,000
       (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.''.
       (f) Section 214(g) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(g)), as redesignated by section 409, is 
     further amended to add the following:
       ``(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 or 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
       (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. The amendment made 
     by subparagraph (F) shall take effect on the first day of the 
     fiscal year following the fiscal year in which the backlog of 
     employment-based immigrant visa petitions existing as of the 
     effective date established in section 502(d) of this Act

     SECTION 5. IMMIGRATION BENEFITS.

       (iii) up to 10,000 shall be for aliens who met the 
     specifications set forth in section 203(b)(1) (as of January 
     1, 2007); and
       (iv) the remaining visas be allocated as follows:
       (I) In fiscal year 2008 and 2009, 115,401 shall be for 
     aliens who are the beneficiaries of a petition filed by an 
     employer on their behalf under this section.
       (II) In fiscal year 2010, 86,934 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       (III) In fiscal year 2011, 58,467 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       (IV) In fiscal year 2012, 44,234 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       ``(G) Any employer desiring and intending to employ within 
     the United States an alien

[[Page S7401]]

     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.''.
       ``The beneficiary (as classified for this subparagraph as a 
     nonimmigrant described in section 101(a)(15)(H)(i)(b)) of 
     such a pending or approved petition, and any dependent 
     accompanying or following to join such beneficiary, may file 
     an application for adjustment of status under section 245(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1255) 
     regardless of whether an immigrant visa is immediately 
     available at the time the application is filed. Such 
     application for adjustment of status shall not be approved 
     until an immigrant visa becomes available.'' after ``visa.''.

     SECTION 6. NON-IMMIGRANTS IN THE UNITED STATES PREVIOUSLY IN 
                   UNLAWFUL STATUS.

       ``(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:
       ``(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 (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;
       ``(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 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 in 
     (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.''.

     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 rescinded based on the Secretary's finding that 
     the alien--
       ``(i) is inadmissible under or subject to reinstatement of 
     a removal order pursuant to 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 of the Act; or
       ``(ii) is deportable under or subject to reinstatement of 
     sections a removal order pursuant to section 237(a)(1)(E), 
     (1)(G), (2), or (4) of the Act 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 rescinded 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 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 rescinded 
     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 Z 
     nonimmigrant 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 
     application filed under sections 601 or 602, for Z 
     nonimmigrant status filed under this section, other than 
     information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.

     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)(1)(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.
       Add a new subsection (z) to section 286 of Immigration and 
     Nationality Act as follows:

[[Page S7402]]

       ``(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:
       ``(i) Fencing and Infrastructure;
       ``(ii) Towers;
       ``(iii) Detention beds;
       ``(iv) Employment Eligibility Verification System;
       ``(v) Implementation of programs authorized in titles IV 
     and VI; and
       ``(vi) Other federal border and interior enforcement 
     requirements to ensure the integrity of programs authorized 
     in titles IV and VI.
                                 ______
                                 
  SA 1496. 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:

       At the appropriate place, insert Nothwithstanding any 
     provisions of this act, it is amended as follows:

     SECTION 1.--EFFECTIVE DATE TRIGGERS AND BORDER ENFORCEMENT.

       ``(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.
       (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.
       (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;
       ``(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.''

     SEC. 2. INTERIOR ENFORCEMENT.

       ``(D) knowingly exceeds by 60 days or more the period of 
     the alien's admission or parole into the United States.''
       ``(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.''

     SEC. 3. WORKPLACE ENFORCEMENT.

       At the appropriate place in Title III, 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.''

     SECTION 4. NEW TEMPORARY WORKER PROGRAM STRIKE SECTION 401(D)

       On p. 147: paragraph 18(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).''
       ``or Y nonimmigrant status if the alien is
       (A)(i) is inadmissible to the United States under section 
     212(a) of the Act (8 U.S.C. 1182(a)), except as provided in 
     paragraph (2);
       (ii) Nothing in this paragraph shall require the Secretary 
     to commence removal proceedings against an alien
       (B) 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;
       (C) 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
       (D) has been convicted of--
       (i) a felony, including but not limited to: first degree 
     murder; kidnapping; bank robbery; sexual exploitation, and 
     other abuse of children; selling or buying of children; 
     activities relating to children involving sexual exploitation 
     of a minor; activities relating to material constituting or 
     containing child pornography, or illegal transportation of a 
     minor; or domestic violence, a crime of stalking, or a crime 
     of child abuse, child neglect, or child abandonment
       (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
       (3) by amending paragraph (3), as redesignated by paragraph 
     (2) of this section, to read as follows:
       ``(3) The numerical limitations of paragraph (l)--
       ``(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
       ``(3) SPECIAL FIVE YEAR REPORT ON THE TEMPORARY WORKER 
     PROGRAM.--Not later than five years after the date of 
     enactment, submit a report to the President and Congress that 
     contains findings of fact and makes recommendations 
     regarding--
       ``(A) the extent to which employers have complied with the 
     requirements set forth in section 218B(b)(1) of the Act to 
     recruit United States workers through newspaper advertising, 
     posting on the Internet, and posting at the place of 
     employment for a period of more than ten weeks before seeking 
     to employ a Y nonimmigrant;
       (B) the frequency with which reasonable additional 
     recruitment efforts during or beyond the established 
     recruitment period would likely have identified a qualified 
     United States worker who was able, ready, and willing to fill 
     the job;
       (C) the extent to which employers have complied with the 
     requirement set forth in section 218B(c)(1)(B) of the Act to 
     pay Y nonimmigrants the greater of--
       (i) the actual wage level paid to United States workers 
     with similar experience and qualifications for the specific 
     employment in question, or
       (ii) the prevailing competitive wage level for the 
     occupational classification in the area of employment;
       (D) the impact of Y nonimmigrants on the wages and working 
     conditions of United States workers;
       (E) whether the birth rate among citizens and permanent 
     residents of the United States is sufficient to generate 
     enough United States workers to fill all of the jobs produced 
     by the United States economy;
       (F) the frequency with which Y nonimmigrants have 
     overstayed their period of authorized admission as 
     established by section 218A(i) of the Act, and the 
     effectiveness of the Department of Homeland Security in 
     identifying, locating, and removing Y nonimmigrants who 
     overstay their visas; and
       (G) the effectiveness of the state impact fee requirements 
     set forth in sections 218A(e)(3)(B) and 218B(a)(3) of the Act 
     in combination with the family support and family medical 
     insurance requirements set forth in section 218A(e)(8) of the 
     Act in reducing the cost to states and localities of 
     providing emergency health services to individuals who are 
     not United States citizens.
       Beginning on page 238, strike line 13, and all that follows 
     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''.

[[Page S7403]]

       (d) 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).
       (e) 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 50,000
       (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.''.
       (f) Section 214(g) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(g)), as redesignated by section 409, is 
     further amendmend to add the following:
       ``(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 or 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.
       (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. The amendment made 
     by subparagraph (F) shall take effect on the first day of the 
     fiscal year following the fiscal year in which the backlog of 
     employment-based immigrant visa petitions existing as of the 
     effective date established in section 502(d) of this Act.
       Section 5. Immigration Benefits
       (iii) up to 10,000 shall be for aliens who met the 
     specifications set forth in section 203(b)(1) (as of January 
     1, 2007); and
       (iv) the remaining visas be allocated as follows:
       (I) In fiscal year 2008 and 2009, 115,401 shall be for 
     aliens who are the beneficiaries of a petition filed by an 
     employer on their behalf under this section.
       (II) In fiscal year 2010, 86,934 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       (III) In fiscal year 2011, 58,467 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       (IV) In fiscal year 2012, 44,234 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       ``(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.''.
       ``The beneficiary (as classified for this subparagraph as a 
     nonimmigrant described in section 10I(a)(15)(H)(i)(b)) of 
     such a pending or approved petition, and any dependent 
     accompanying or following to join such beneficiary, may file 
     an application for adjustment of status under section 245(a) 
     of the Immigration and Nationality Act (8 U.S.C. 1255) 
     regardless of whether an immigrant visa is immediately 
     available at the time the application is filed. Such 
     application for adjustment of status shall not be approved 
     until an immigrant visa becomes available.'' after ``visa.''.
       ``(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 
     doumentary 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 (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;
       (VI) sworn affidavits from nonrelatives who have direct 
     knowledge of the alien's work, that contain--
       (aa) the name, address, and telephone number of the 
     affiant;
       (bb) the nature and duration of the relationship between 
     the affiant and the alien; and
       (cc) other verification or information.
       (D) Addtional documents--The Secretary may--
       (i) designate additional documents to evidence the required 
     period of presence, employment, or study; and
       (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 in 
     (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.''

     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.--
       ``(I) Subsection (a) shall not apply with respect to--
        ``(A) an alien whose application has been denied, 
     terminated or rescinded based on the Secretary's finding that 
     the alien--
       ``(i) is inadmissible under or subject to reinstatement of 
     a removal order pursuant to 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 of the Act; or
       ``(ii) is deportable under or subject to reinstatement of 
     sections a removal order pursuant to section 237(a)(I)(E), 
     (I)(G), (2), or (4) of the Act of the Act;

[[Page S7404]]

       (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 rescinded under section 
     601(d)(1)(F);
       ``(C) an alien whom the Secretary determines has ordered, 
     incit assisted, or otherwise participated in the persecution 
     of any person on account of race, I relgon, 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 02, 
     engaged in 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 rescinded 
     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--
       (I) 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 infonnation 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 Z 
     nonimmigrant 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, for Z 
     nonimmigrant status filed under this section, other than 
     information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.

     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)(I).
       (2) penalties in excess of $4.4 billion shall be deposited 
     and remain available as otherwise provided under this act.
       Add a new subsection (z) to section 286 of Immigration and 
     Nationality Act 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:
       ``(i) Fencing and Infrastructure;
       ``(ii) Towers;
       ``(iii) Detention beds;
       ``(iv) Employment Eligibility Verification System;
       ``(v) Implementation of programs authorized in titles IV 
     and VI; and
       ``(vi) Other federal border and interior enforcement 
     requirements to ensure the integrity of programs authorized 
     in titles IV and VI.
       (d) Limit on Percentage of H-1B Employees.--Section 
     212(n)(1) of such Act, as amended by this section, is further 
     amended by inserting after subparagraph (H), as added by 
     subsection (d)(1), the following:
       ``(I) If the employer employs not less than 50 employees in 
     the United States, not more than 50 percent of such employees 
     are H-1B nonimmigrants 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. If the Secretary 
     has not decided whether to grant or deny a waiver 45 days 
     after the waiver application is filed, the waiver shall be 
     deemed an attestation. 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

[[Page S7405]]

     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.
       (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--
       ``(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.
       (e) Documentation Requirement;--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
       (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 1497. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 1323 submitted by Mr. Sessions (for himself, Mr. 
Isakson, and Mr. Chambliss) 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 5, strike line 16 and insert the following:
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary such sums as may be 
     necessary to carry out this section and the amendments made 
     by this section.

     SEC. 221A. MANDATORY DISCLOSURE OF INFORMATION.

       (a) In General.--Notwithstanding any provision under 
     section 604, except as otherwise provided in this section, no 
     Federal agency or bureau, or any officer or employee of such 
     agency or bureau, may--
       (1) use the information furnished by the applicant under 
     title VI or the fact that the applicant applied for status 
     for any purpose other than to make a determination on the 
     application, any subsequent application to extend such 
     status, or to adjust status to that of an alien lawfully 
     admitted for permanent residences under this Act;
       (2) make any publication through which the information 
     furnished by any particular applicant can be identified; or
       (3) permit anyone other than the sworn 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) Required Disclosures.--The Secretary of Homeland 
     Security and the Secretary of State shall provide the 
     information furnished pursuant to an application filed under 
     section 601 and 602, and any other information derived from 
     such furnished information, to--
       (1) a law enforcement entity, 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, in each instance about an 
     individual suspect or group of suspects, when such 
     information is requested in writing by such entity;
       (2) a law enforcement entity, intelligence agency, national 
     security agency, or component of the Department of Homeland 
     Security in connection with a duly authorized investigation 
     of a civil violation, in each instance about an individual 
     suspect or group of suspects, when such information is 
     requested in writing by such entity; or
       (3) an official coroner for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (c) Applicability.--The limitations described under 
     subsection (a) shall remain in effect until the alien--
       (1) makes a request under section 603(b)(1);
       (2) is determined to be ineligible due to a criminal 
     conviction under section 603(b)(2);
       (3) is determined by the Secretary of Homeland Security to 
     have 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;
       (4) is determined by the Secretary to have, in connection 
     with the alien's application under title VI, engaged in fraud 
     or willful misrepresentation, concealed of a material fact or 
     knowingly offered a false statement; or
       (5) is an alien for whom the Secretary has adjusted the 
     alien's status to that of an alien lawfully admitted for 
     permanent residence pursuant to the provisions of title VI, 
     and who any time thereafter submits an application or 
     petition.
       (d) Subsequent Disclosures or Use.--
       (1) Disclosure of criminal information.--Notwithstanding 
     any other provision of this section, information concerning 
     any activity

[[Page S7406]]

     described in paragraph (2), (3), or (4) of subsection (c) may 
     be used or released for immigration enforcement and law 
     enforcement purposes.
       (2) Savings provision.--Nothing in this section may be 
     construed to require the Secretary to initiate proceedings 
     under section 240.
       (e) Auditing and Evaluation of Information.--The Secretary 
     of Homeland Security may audit and evaluate information 
     furnished as part of any application filed under sections 601 
     and 602, any application to extend such status under section 
     601(k), or any application to adjust status to that of an 
     alien lawfully admitted for permanent residence under section 
     602, 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, 
     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) Criminal Penalty.--Any person who 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 may 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.
       (i) References.--References in this section to section 601 
     or 602 are references to sections 601 and 602 of this Act and 
     the amendments made by those sections.

     SEC. 221B. H-1B STREAMLINING AND SIMPLIFICATION.

       (a) 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.
       (b) Clarifying the Immigrant Intent Provision.--Section 
     214(b) of the Immigration and Nationality Act (8 U.S.C. 
     1184(b)), as amended by section 419(c) of this Act, is 
     further amended--
       (1) by inserting ``(other than a nonimmigrant described in 
     subparagraph (L) or (V) of section 101(a)(15), and other than 
     a nonimmigrant described in any provision of section 
     101(a)(15)(H)(i) (except subclause (b1) of such section)'' 
     after ``Every alien''; and
       (2) by striking ``under the immigration laws'' and 
     inserting ``under section 101(a)(15)''.

     SEC. 221C. H-1B EMPLOYER REQUIREMENTS.

       (a) Wage Determination.--
       (1) Change in minimum wages.--Section 212(n)(1) of the 
     Immigration and Nationality Act, as amended by section 420, 
     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.
       (b) Prohibition of Outplacement.--
       (1) In general.--Section 212(n) of the Immigration and 
     Nationality Act, as amended by subsection (a) and section 
     420, 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.
       (c) Posting Available Positions.--
       (1) Posting available positions.--Section 212(n)(1)(C) of 
     the Immigration and Nationality Act, as amended by this 
     section and section 420, is further 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 and section 420, 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. 221D. 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.'';

[[Page S7407]]

       (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 and section 420, 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. 221E. 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

[[Page S7408]]

     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--
       ``(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

[[Page S7409]]

     by paragraph (1) of this subsection, are issued.

     SEC. 221F. PROMPT REMOVAL PROCEEDINGS.

       It is the sense of Congress that the Secretary of Homeland 
     Security shall promptly identify, investigate, and initiate 
     removal proceedings against every alien admitted into the 
     United States under sections 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 Immigration and Nationality Act, and who exceeds the 
     alien's period of authorized admission or otherwise violates 
     any terms of the nonimmigrant classification in which the 
     aline was admitted. In conducting such removals, the 
     Secretary shall give priority to aliens who may pose a threat 
     to the national security, homeland security, or public 
     safety.

     SEC. 221G. EXIT TRACKING FEES.

       Subsection (e)(3) of section 218A of the Immigration and 
     Nationality Act, as added by section 402, is amended by 
     adding at the end the following:
       ``(F) Exit tracking fee.--An alien entering the United 
     States on a Y nonimmigrant visa shall pay, upon entry, an 
     exit tracking fee in an amount set by Secretary at a level 
     that will ensure recovery of the full costs of 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.
       ``(G) Deposit and disposition of departure fee.--The funds 
     described in subparagraph (F) shall be deposited and remain 
     available as the Secretary may prescribe to carry out the 
     purposes as described in such subparagraph.''.

     SEC. 221H. Z NONIMMIGRANTS.

       (a) Affidavit Requirements.--Notwithstanding section 
     601(i)(2)(D)(ii), the Secretary of Homeland Security may set 
     by notice in the Federal Register such terms, conditions, and 
     minimum standards for affidavits described in subparagraph 
     (C)(VI) of section 601(i)(2) as are necessary, when such 
     affidavits are reviewed in combination with the other 
     documentation as described in subparagraph (A) or (C) of such 
     section, 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.
       (b) Content of Applications.--Notwithstanding section 
     601(g)(3)(B), the Secretary shall utilize fingerprints and 
     other biometric data provided by the alien and any other 
     appropriate information 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 such section.
       (c) Treatment of Applicants.--Notwithstanding section 
     601(h)(2), no probationary benefits shall be issued to an 
     alien under section 601 until the alien has passed all 
     appropriate background checks or the end of the next business 
     day, whichever is sooner unless the Secretary determines, in 
     the Secretary's 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 the eligibility of the 
     alien for Z nonimmigrant status as expeditiously as possible.
       (d) Electronic System for Preregistration of Applicants for 
     Z and Z-A Nonimmigrant Status.--
       (1) In general.--The Secretary of Homeland Security may 
     establish a voluntary online registration process allowing 
     applicants for Z and Z-A nonimmigrant status to provide, in 
     advance of submitting the application described in section 
     601(f), such biographical information and other information 
     as the Secretary shall prescribe--
       (A) for the purpose of providing applicants with an 
     appointment to provide fingerprints and other biometric data 
     at a facility of the Department of Homeland Security;
       (B) to initiate background checks based on such 
     information; and
       (C) for other purposes consistent with this Act.
       (2) Use.--Use of information recorded in the databse shall 
     be governed by the procedures set forth in section 604.

     SEC. 221I. COLLECTION OF DEPARTURE DATA FROM CERTAIN 
                   NONIMMIGRANTS.

       (a) In General.--The Secretary of Homeland Security shall 
     require an alien who was admitted to the United States under 
     section 101(a)(15)(B) (under the terms and conditions of 
     section 214(s)) of the Immigration and Nationality Act, 
     section 101(a)(15)(H)(ii) of such Act, or section 
     101(a)(15)(Y) of such Act to record the alien's departure at 
     a designated port of entry or at a designated United States 
     consulate abroad.
       (b) Failure to Record Departure.--An alien who does not 
     record the alien's departure as required by subsection (a) 
     shall be entered into a database of the Department of 
     Homeland Security as having overstayed the alien's period of 
     authorized admission not later than 48 hours after the 
     expiration of the alien's period of authorized admission.
       (c) Information Sharing With Law Enforcement Agencies.--The 
     information in the database described in subsection (b) shall 
     be made available to State and local law enforcement agencies 
     pursuant to the provisions of section 240D of such Act.

     SEC. 221J. ENFORCEMENT PERSONNEL.

       Notwithstanding section 101(a)(2), the Secretary of 
     Homeland Security shall hire personnel as follows:
       (1) 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.
       (2) Conforming amendment.--Section 5203 of the Intelligence 
     Reform and Terrorism Protection Act of 2004 (Public Law 108-
     458; 118 Stat. 3734) is repealed.

     SEC. 221K. PERSONNEL OF DHS.

       Notwithstanding section 310(a)(1), 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 
     the number of personnel of the Department of Homeland 
     Security assigned exclusively or principally to an office or 
     offices dedicated to monitoring and enforcing compliance with 
     sections 274A and 274C of the Immigration and Nationality Act 
     (8 U.S.C. 1324a and 1324c), including compliance with the 
     requirements of the EEVS. These personnel shall perform the 
     compliance and monitoring activities set out in clauses (i) 
     through (xiii) of such section.

     SEC. 221L. DEPARTURE REGISTRATION.

       Notwithstanding any other provision of this Act or any 
     amendment made by this Act:
       (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.
       (4) Recording.--The Secretary shall ensure that the 
     invalidation of such documentation is recorded in the 
     employment eligibility verification system described in 
     section 301.
       (5) Notification.--Fourteen days prior to employment 
     eligibility expiration employers shall provide, in writing, 
     notification to aliens of the expiration of the aliens's 
     employment eligibility.
     (6) Special five year report on the temporary worker 
     program.--The Y Visa Program shall continue irrespective of 
     any references to sunset. Not later five years after the date 
     of enactment, submit a report resident and Congress that 
     contains findings of fact and makes recommendations 
     regarding--
       ``(A) the extent to which employers have complied with the 
     requirements set forth in section 218B(b)(1) of the Act to 
     recruit United States workers through newspaper advertising, 
     posting on the Internet, and posting at the place of 
     employment for a period of more than ten weeks before seeking 
     to employ a Y nonimmigrant;
       (B) the frequency with which reasonable additional 
     recruitment efforts during or beyond the established 
     recruitment period would likely have identified a qualified 
     United States worker who was able, ready, and willing to fill 
     the job;
       (C) the extent to which employers have complied with the 
     requirement set forth in section 218B(c)(1)(B) of the Act to 
     pay Y nonimmigrants the greater of--
       (i) the actual wage level paid to United States workers 
     with similar experience and qualifications for the specific 
     employment in question, or
       (ii) the prevailing competitive wage level for the 
     occupational classification in the area of employment;
       (D) the impact of Y nonimmigrants on the wages and working 
     conditions of United States workers;
       (E) whether the birth rate among citizens and permanent 
     residents of the United States is sufficient to generate 
     enough United States workers to fill all of the jobs produced 
     by the United States economy;

[[Page S7410]]

       (F) the frequency with which Y nonimmigrants have 
     overstayed their period of authorized admission as 
     established by section 218A(i) of the Act, and the 
     effectiveness of the Department of Homeland Security in 
     identifying, locating, and removing Y nonimmigrants who 
     overstay their visas; and
       (G) the effectiveness of the state impact fee requirements 
     set forth in sections 218A(e)(3)(B) and 218B(a)(3) of the Act 
     in combination with the family support and family medical 
     insurance requirements set forth in section 218A(e)(8) of the 
     Act in reducing the cost to states and localities of 
     providing emergency health services to individuals who are 
     not United States citizens.
       (b) Documentation requirement.--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
       (c) 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 1498. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 1348, to provide comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the end of the amendment add the following:
       Notwithstanding any other provisions of this Act the 
     following sections shall be deemed to be amended as follows:

     SECTION 1. EFFECTIVE DATE TRIGGERS AND BORDER ENFORCEMENT.

       (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.
       On page 3, line 38 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.
       On page 7, 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;
       (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)(l5)(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.''

     SEC. 3. WORKPLACE ENFORCEMENT.

       At the appropriate place in Title III, 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.''

     SEC. 4 NEW TEMPORARY WORKER PROGRAM.

       Strike section 401 (d).
       On p. 147, 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 l(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 (O) 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).''
       On page 151, strike line 30 and 31 and insert the 
     following:
       ``or Y nonimmigrant status if the alien is
       (A)(i) is inadmissible to the United States under section 
     212(a) of the Act (8 U.S.C. 1182(a)), except as provided in 
     paragraph (2);
       (ii) Nothing in this paragraph shall require the Secretary 
     to commence removal proceedings against an alien
       (B) 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;
       (C) 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
       (D) has been convicted of--
       (i) a felony, including but not limited to: first degree 
     murder; kidnapping; bank robbery; sexual exploitation, and 
     other abuse of children; selling or buying of children; 
     activities relating to children involving sexual exploitation 
     of a minor; activities relating to material constituting or 
     containing child pornography, or illegal transportation of a 
     minor; or domestic violence, a crime of stalking, or a crime 
     of child agues, child neglect, or child abandonment
       (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 
     lOl(h) of the Act
       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
       On page 229, add a section 412(b)(3) to read as follows:
       ``(3) Special five year report on the temporary worker 
     program.--Not later five years after the date of enactment, 
     submit a report to the President and Congress that contains 
     findings of fact and makes recommendations regarding--
       ``(A) the extent to which employers have complied with the 
     requirements set forth in section 218B(b)(1) of the Act to 
     recruit United States workers through newspaper advertising, 
     posting on the Internet, and posting at the place of 
     employment for a period of more than ten weeks before seeking 
     to employ a Y nonimmigrant;
       (B) the frequency with which reasonable additional 
     recruitment efforts during or beyond the established 
     recruitment period would likely have identified a qualified 
     United States worker who was able, ready, and willing to fill 
     the job;
       (C) the extent to which employers have complied with the 
     requirement set forth in section 218B(c)(1)(B) of the Act to 
     pay Y nonimmigrants the greater of--
       (i) the actual wage level paid to United States workers 
     with similar experience and qualifications for the specific 
     employment in question, or
       (ii) the prevailing competitive wage level for the 
     occupational classification in the area of employment;
       (D) the impact ofY nonimmigrants on the wages and working 
     conditions of United States workers;
       (E) whether the birth rate among citizens and permanent 
     residents of the United States is sufficient to generate 
     enough United States workers to fill all of the jobs produced 
     by the United States economy;
       (F) the frequency with which Y nonimmigrants have 
     overstayed their period of authorized admission as 
     established by section 218A(i) of the Act, and the 
     effectiveness of the Department of Homeland Security in 
     identifying, locating, and removing Y nonimmigrants who 
     overstay their visas; and
       (G) the effectiveness of the state impact fee requirements 
     set forth in sections 218A(e)(3)(B) and 218B(a)(3) of the Act 
     in combination with the family support and family medical 
     insurance requirements set forth in section 218A( e )(8) of 
     the Act in reducing the cost to states and localities of 
     providing emergency health services to individuals who are 
     not United States citizens.
       Beginning on page 238, strike line 13, and all that follows 
     through page 239, line 38, and insert the following:

[[Page S7411]]

       (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''.
       (d) H-1b Amendments.--Section 214(g) (8 U.S.C. 1184(g)) is 
     amended--(1) in paragraph (l)(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).
       (e) 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) 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
       ``(B) 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.''.
       (f) Section 214(g) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(g)), as redesignated by section 409, is 
     further amended to add the following:
       ``(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 or 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.''.
       (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. The amendment made 
     by subparagraph (F) shall take effect on the first day of the 
     fiscal year following the fiscal year in which the backlog of 
     employment-based immigrant visa petitions existing as of the 
     effective date established in section 502(d) of this Act.

     SEC. 5. IMMIGRATION BENEFITS.

       On page 260, line 39, strike ``and''.
       On page 260, after line 44, insert the following:
       (iii) up to 10,000 shall be for aliens who met the 
     specifications set forth in section 203(b)(1)(as of January 
     1, 2007); and
       (iv) the remaining visas be allocated as follows:
       (I) In fiscal year 2008 and 2009, 115,401 shall be for 
     aliens who are the beneficiaries of a petition filed by an 
     employer on their behalf under this section.
       (II) In fiscal year 2010, 86,934 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       (III) In fiscal year 2011, 58,467 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       (IV) In fiscal year 2012, 44,234 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       On page 265, between lines 15 and 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.''.
       On page 266, line 4, insert ``The beneficiary (as 
     classified for this subparagraph as a nonimmigrant described 
     in section 101(a)(15)(H)(i)(b)) of such a pending or approved 
     petition, and any dependent accompanying or following to join 
     such beneficiary, may file an application for adjustment of 
     status under section 245(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1255) regardless of whether an 
     immigrant visa is immediately available at the time the 
     application is filed. Such application for adjustment of 
     status shall not be approved until an immigrant visa becomes 
     available.'' after ``visa.''.

     SEC. 6. NONIMMIGRANTS IN THE UNITED STATES PREVIOUSLY IN 
                   UNLAWFUL STATUS.

       On page 291, strike lines 40 and all that follows through 
     page 293, line 22, and insert the following:
       ``(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:
       (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 (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;
       (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
       On page 312, strike Section 604 and insert the following:

     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 
     Title 6 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 Title 6 of such Act, or to adjust status to that 
     of an alien lawfully admitted for permanent residence under 
     Title 6 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 revokscinded based on the Secretary's finding 
     that the alien--
       ``(i) is inadmissible under or subject to reinstatement of 
     a removal order pursuant to sections 212(a)(2), (3), 
     (6)(C)(i) (with respect to information furnished by an 
     applicant under title 6 of the Act; or
       ``(ii) is deportable under or subject to reinstatement of 
     sections a removal order pursuant to section 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).

[[Page S7412]]

       ``(B) an alien whose application for Z nonimmigrant status 
     has been denied, terminated, or revoked rescinded under this 
     title;
       ``(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 title 6, engaged in 
     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 
     rescinded 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) maybe 
     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 title 6 of [--], 
     any application to extend such status under title 6 of such 
     Act, or any application to adjust status to that of an alien 
     lawfully admitted for permanent residence under title 6 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 title 6, 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 Z nonimmigrant status 
     pursuant to title 6 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 
     application filed under title 6 for Z nonimmigrant status 
     filed under this section, other than information furnished by 
     an applicant pursuant to the application, or any other 
     information derived from the application, that is not 
     available from any other source.
       On p. 317, 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)(1)(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)(I).
       (2) penalties in excess of $4.4 billion shall be deposited 
     and remain available as otherwise provided under this act.
       Add a new subsection (z) to section 286 of Immigration and 
     Nationality Act 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:
       ``(i) Fencing and Infrastructure;
       ``(ii) Towers;
       ``(Hi) Detention beds;
       ``(iv) Employment Eligibility Verification System;
       ``(v) Implementation of programs authorized in titles IV 
     and VI; and
       ``(vi) Other federal border and interior enforcement 
     requirements to ensure the integrity of programs authorized 
     in titles IV and VI.
       (d) Limit on Percentage of H-1B Employees.--Section 
     212(n)(1) of such Act, as amended by this section, is further 
     amended by inserting after subparagraph (H), as added by 
     subsection (d)(1), the following:
       ``(I) If the employer employs not less than 50 employees in 
     the United States, not more than 50 percent of such employees 
     are H-1B nonimmigrants 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. If the Secretary 
     has not decided whether to grant or deny a waiver 45 days 
     after the waiver application is filed, the waiver shall be 
     deemed an attestation. 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.

[[Page S7413]]

       ``(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.
       (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--
       ``(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.
       (e) Documentation Requirement.--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
       (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 1499. Mr. KYL (for himself, Ms. Cantwell, Ms. Collins, and Mr. 
Coleman) submitted an amendment intended to be proposed by him to the 
bill S. 1348, to provide for comprehensive immigration reform and for 
other purposes; which was ordered to lie on the table; as follows:

       Nothwithstanding any provisions of this act, it is amended 
     as follows:
       Beginning on page 238, strike line 13, and all that follows 
     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''.
       (d) 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).
       (e) 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 50,000
       (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.''.
       (f) Section 214(g) of the Immigration and Nationality Act 
     (8 U.S.C. 1184(g)), as redesignated by section 409, is 
     further amended to add the following:
       ``(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 or at least 
     15 percent of the number of such full-time employees, may 
     file no more than 1,000 new petitions under subsection (c) to 
     import aliens under section 101(a)(15)(H)(i)(b) in any fiscal 
     year
       (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

[[Page S7414]]

     application filed on or after such date. The amendment made 
     by subparagraph (F) shall take effect on the first day of the 
     fiscal year following the fiscal year in which the backlog of 
     employment-based immigrant visa petitions existing as of the 
     effective date established in section 502(d) of this Act
       On page 260, line 39, strike ``and''.
       On page 260, after line 44, insert the following:
       (iii) up to 10,000 shall be for aliens who met the 
     specifications set forth in section 203(b)(I) (as of January 
     1, 2007); and
       (iv) the remaining visas be allocated as follows:
       (I) In fiscal year 2008 and 2009, 115,401 shall be for 
     aliens who are the beneficiaries of a petition filed by an 
     employer on their behalf under this section.
       (II) In fiscal year 2010, 86,934 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       (III) In fiscal year 2011, 58,467 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       (IV) In fiscal year 2012, 44,234 shall be for aliens who 
     are the beneficiaries of a petition filed by an employer on 
     their behalf under this section.
       On page 265, between lines 15 and 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.''.
       On page 266, line 4, insert ``The beneficiary (as 
     classified for this subparagraph as a nonimmigrant described 
     in section 101(a)(15)(H)(i)(b)) of such a pending or approved 
     petition, and any dependent accompanying or following to join 
     such beneficiary, may file an application for adjustment of 
     status under section 245(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1255) regardless of whether an 
     immigrant visa is immediately available at the time the 
     application is filed. Such application for adjustment of 
     status shall not be approved until an immigrant visa becomes 
     available.'' after ``visa.''.
       On page 242, between lines 39 and 40, insert the following:
       (e) Documentation Requirement.--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 non-immigrant--
       ``(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.''.
       (f) Fraud Assessment.--Not later than 60 days after the 
     date of the enactment of the Act, the Director of United 
     States Citizenship and Immigration Services shall submit to 
     Congress a fraud risk assessment of the H-1B visa program.

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