[Congressional Record Volume 153, Number 105 (Wednesday, June 27, 2007)]
[Senate]
[Pages S8622-S8631]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1948. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 452, strike line 11 and all that follows through 
     page 454, line 16, and 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 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 already been counted toward the numerical limitation 
     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.''.
                                 ______
                                 
  SA 1949. Mr. BINGAMAN submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 601(f)(2), strike ``12 months'' and insert ``2 
     years''.
                                 ______
                                 
  SA 1950. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 6, between lines 11 and 12, insert the following:
       (e) Agreement of Border Governors.--The programs described 
     in subsection (a) shall not become effective until at least 3 
     of the 4 governors of the States that share a land border 
     with Mexico agree that the border security and other measures 
     described in subsection (a) are established, funded, and 
     operational.
       (f) Defined Term.--In this section, the term ``operational 
     control'' means the prevention of all unlawful entries into 
     the United States, including entries by terrorists, other 
     unlawful aliens, instruments of terrorism, narcotics, and 
     other contraband.

[[Page S8623]]

                                 ______
                                 
  SA 1951. Mr. INHOFE (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 1639, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 580 between lines 7 and 8, insert the following:
       (6) English and civics.--An alien who is 18 years of age or 
     older shall meet the requirements under section 312(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1423(a)).
                                 ______
                                 
  SA 1952. Mr. INHOFE (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 1639, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 582, strike line 11 and all that follows through 
     page 584, line 4, and insert the following:

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

       (aa) is unable to comply because of physical or 
     developmental disability or mental impairment to comply with 
     such requirement; or
       (bb) is older than 65 years of age and has been living in 
     the United States for periods totaling not less than 20 
     years.
                                 ______
                                 
  SA 1953. Mr. SCHUMER (for himself and Mr. Graham) submitted an 
amendment intended to be proposed by him to the bill S. 1639, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 685, after line 17, insert the following:

     SEC. 716. CLARIFYING AMENDMENTS REGARDING THE USE OF SOCIAL 
                   SECURITY CARDS.

       (a) Use of Social Security Cards to Establish Identity and 
     Employment Authorization.--Section 274A of the Immigration 
     and Nationality Act, as amended by section 302, is further 
     amended--
       (1) in subsection (c)(1)--
       (A) in subparagraph (B)--
       (i) in clause (ii)(III), by striking ``; or'' and inserting 
     a semicolon;
       (ii) in clause (iii), by striking the end period and 
     inserting ``; or''; and
       (iii) by adding at the end the following:
       ``(iv) social security card (other than a card that 
     specifies on its face that the card is not valid for 
     establishing employment authorization in the United States) 
     that bears a photograph and meets the standards established 
     under section 716(d) of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007, upon the 
     recommendation of the Secretary of Homeland Security, in 
     consultation with the Commissioner of Social Security, 
     pursuant to section 716(f)(1) of such Act.''; and
       (B) in subparagraph (D)(i), by striking ``may'' and 
     inserting ``shall, not later than the date on which the 
     report described in section 716(f)(1) of the Secure Borders, 
     Economic Opportunity, and Immigration Reform Act of 2007, is 
     submitted,''; and
       (2) in subsection (d)(9)(B)(v)(I), by striking ``as 
     specified in (D)'' and inserting ``as specified in 
     subparagraph (D), including photographs and any other 
     biometric information as may be required''.
       (b) Access to Social Security Card Information.--Section 
     205(c)(2)(I)(i) of the Social Security Act, as added by 
     section 308, is further amended by inserting at the end of 
     the flush text at the end the following new sentence: ``As 
     part of the employment eligibility verification system 
     established under section 274A of the Immigration and 
     Nationality Act, the Commissioner of Social Security shall 
     provide to the Secretary of Homeland Security access to any 
     photograph, other feature, or information included in the 
     social security card.''
       (c) Increasing Security and Integrity of Social Security 
     Cards.--Notwithstanding any other provision of this Act, 
     section 305 of this Act is repealed.
       (d) Fraud-Resistant, Tamper-Resistant, and Wear-Resistant 
     Social Security Cards.--
       (1) Issuance.--Not later than first day of the second 
     fiscal year in which amounts are appropriated pursuant to the 
     authorization of appropriations in subsection (g), the 
     Commissioner of Social Security shall begin to administer and 
     issue fraud-resistant, tamper-resistant, and wear-resistant 
     social security cards displaying a photograph.
       (2) Interim.--Not later than the first day of the seventh 
     fiscal year in which amounts are appropriated pursuant to the 
     authorization of appropriations in subsection (g), the 
     Commissioner of Social Security shall issue only fraud-
     resistant, tamper-resistant, and wear-resistant social 
     security cards displaying a photograph.
       (3) Completion.--Not later than the first day of the tenth 
     fiscal year in which amounts are appropriated pursuant to the 
     authorization of appropriations in subsection (g), all social 
     security cards that are not fraud-resistant, tamper-
     resistant, and wear-resistant shall be invalid for 
     establishing employment authorization for any individual 16 
     years of age or older.
       (4) Exemption.--Nothing in this section shall require an 
     individual under the age of 16 years to be issued or to 
     present for any purpose a social security card described in 
     this subsection. Nothing in this section shall prohibit the 
     Commissioner of Social Security from issuing a social 
     security card not meeting the requirements of this subsection 
     to an individual under the age of 16 years who otherwise 
     meets the eligibility requirements for a social security 
     card.
       (e) Additional Duties of the Social Security 
     Administration.--In accordance with the responsibilities of 
     the Commissioner of Social Security under section 
     205(c)(2)(I) of the Social Security Act, as added by section 
     308, the Commissioner--
       (1) shall issue a social security card to an individual at 
     the time of the issuance of a social security account number 
     to such individual, which card shall--
       (A) contain such security and identification features as 
     determined by the Secretary of Homeland Security, in 
     consultation with the Commissioner; and
       (B) be fraud-resistant, tamper-resistant, and wear-
     resistant;
       (2) in consultation with the Secretary of Homeland 
     Security, shall issue regulations specifying such particular 
     security and identification features, renewal requirements 
     (including updated photographs), and standards for the social 
     security card as necessary to be acceptable for purposes of 
     establishing identity and employment authorization under the 
     immigration laws of the United States; and
       (3) may not issue a replacement social security card to any 
     individual unless the Commissioner determines that the 
     purpose for requiring the issuance of the replacement 
     document is legitimate.
       (f) Reporting Requirements.--
       (1) Report on the use of identification documents.--Not 
     later than the first day of the tenth fiscal year in which 
     amounts are appropriated pursuant to the authorization of 
     appropriations in subsection (g), the Secretary of Homeland 
     Security shall submit to Congress a report recommending which 
     documents, if any, among those described in section 
     274A(c)(1) of the Immigration and Nationality Act, should 
     continue to be used to establish identity and employment 
     authorization in the United States.
       (2) Report on implementation.--Not later than 12 months 
     after the date on which the Commissioner begins to administer 
     and issue fraud-resistant, tamper-resistant, and wear-
     resistant cards under subsection (d)(1), and annually 
     thereafter, the Commissioner shall submit to Congress a 
     report on the implementation of this section. The report 
     shall include analyses of the amounts needed to be 
     appropriated to implement this section, and of any measures 
     taken to protect the privacy of individuals who hold social 
     security cards described in this section.
       (g) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section and the amendments made by this section.
                                 ______
                                 
  SA 1954. Mr. CONRAD submitted an amendment intended to be proposed by 
him to the bill S. 1639, 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. __. 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

[[Page S8624]]

     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 1955. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 529, strike line 13 and all that follows through 
     line 22, and insert the following:
       ``(2) redesignating paragraph (4) as paragraph (2);
       ``(3) redesignating paragraph (5) as paragraph (3);
       ``(4) redesignating paragraph (6) as paragraph (4).
                                 ______
                                 
  SA 1956. Mr. HATCH submitted an amendment intended to be proposed by 
him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 595, strike lines 19 through 23 and insert the 
     following:
       (B) Adjustment of status; preferential treatment 
     prohibited.--The status of any Z-1 nonimmigrant may be 
     adjusted by the Secretary of Homeland Security to that of an 
     alien lawfully admitted for permanent residence if the Z-1 
     nonimmigrant meets the requirements under section 245 of the 
     Immigration and Nationality Act (8 U.S.C. 1255). Nothing in 
     this Act may be construed to provide aliens who were 
     unlawfully present in the United States before the date of 
     the enactment of this Act with any preferential treatment 
     over other aliens who are seeking to obtain legal permanent 
     residence or United States citizenship.
                                 ______
                                 
  SA 1958. Mrs. FEINSTEIN proposed an amendment to amendment SA 1934 
(Division I) proposed by Mr. Reid (for Mr. Kennedy (for himself and Mr. 
Specter)) to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; as follows:

       At the end of the amendment add the following:
       This section shall take effect one day after the date of 
     enactment.
                                 ______
                                 
  SA 1958. Mr. SPECTER proposed an amendment to amendment SA 1934 
(Division II) proposed by Mr. Reid (for Mr. Kennedy (for himself and 
Mr. Specter)) to the bill S. 1639, to provide for comprehensive 
immigration reform and for other purposes; as follows:

       At the end of the amendment add the following:
       This section shall take effect one day after the date of 
     enactment.
                                 ______
                                 
  SA 1959. Mr. VITTER submitted an amendment intended to be proposed by 
him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 5, between lines 11 and 12, insert the following:
       (7) US-VISIT system.--The integrated entry and exit data 
     system required under section 110 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1365a), which was required to be implemented not later than 
     December 21, 2005, has been fully implemented and is 
     functioning at every land, sea, and air port of entry into 
     the United States.
                                 ______
                                 
  SA 1960. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 617, strike line 1 and all that follows through 
     page 618, line 22, 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 
     enactment 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). Nothing in this subsection may be construed 
     as establishing 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 the enactment of this 
     Act.
                                 ______
                                 
  SA 1961. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place in Title VI, insert the following:
       (a) Eligibility To Enlist in the United States Armed 
     Forces.--Notwithstanding section 504(b) of title 10, United 
     States Code, an alien who receives Z nonimmigrant status 
     shall be eligible to enlist in the United States Armed 
     Forces.
                                 ______
                                 
  SA 1962. Mr. ISAKSON (for himself and Mr. Chambliss) submitted an 
amendment intended to be proposed by him to the bill S. 1639, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 268, line 13, strike ``.'', and insert ``and''
       ``requires, as a condition of conducting, continuing, or 
     expanding a business, that, a business entity--
       ``(i) shall provide, build, fund, or maintain a shelter, 
     structure, or designated area at or near the place of 
     business of the entity for use by--
       ``(I) any individual who is not an employee of the business 
     entity who enters or seeks to enter the property of the 
     entity for the purpose of seeking employment by the entity; 
     or
       ``(II) any contractor, customer, or other person over which 
     the business entity has no authority; or
       ``(ii) shall carry out any other activity to facilitate the 
     employment by others of--
       ``(I) any individual who is not an employee of the business 
     entity who enters or seeks to enter the property of the 
     entity for the purpose of seeking employment by the entity; 
     or
       ``(II) any contractor, customer, or other person over which 
     the business entity has no authority.''.
                                 ______
                                 
  SA 1963. Mr. COLEMAN (for himself and Mr. Carper) submitted an 
amendment intended to be proposed by him to the bill S. 1639, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. LANGUAGE TRAINING PROGRAMS.

       (a) Accreditation Requirement.--Section 101(a)(15)(F)(i) (8 
     U.S.C. 1101(a)(15)(F)(i) is amended by striking ``a 
     language'' and inserting ``an accredited language''.
       (b) Rulemaking.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary shall issue 
     regulations that--
       (1) except as provided under paragraphs (3) and (4), 
     require that an accredited language training program 
     described in section 101(a)(15)(F)(i) of the Immigration and 
     Nationality Act, as amended by subsection (a), be accredited 
     by the Commission on English Language Program Accreditation, 
     the Accrediting Council for Continuing Education

[[Page S8625]]

     and Training, or under the governance of an institution 
     accredited by 1 of the 6 regional accrediting agencies;
       (2) require that if such an accredited language training 
     program provides intensive language training, the head of 
     such program provide the Secretary of Education with 
     documentation regarding the specific subject matter for which 
     the program is accredited;
       (3) permit an alien admitted as a nonimmigrant under such 
     section 101(a)(15)(F)(i) to participate in a language 
     training program, during the 3-year period beginning on the 
     date of the enactment of this Act, if such program is not 
     accredited under paragraph (1); and
       (4) permit a language training program established after 
     the date of the enactment of this Act, which is not 
     accredited under paragraph (1), to qualify as an accredited 
     language training program under such section 101(a)(15)(F)(i) 
     during the 3-year period beginning on the date on which such 
     program is established.
                                 ______
                                 
  SA 1964. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title VII, add the following:

     SEC. 711. WESTERN HEMISPHERE TRAVEL INITIATIVE IMPROVEMENT.

       (a) Certifications.--Section 7209(b)(1) of the Intelligence 
     Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 
     note) is amended--
       (1) in subparagraph (B)--
       (A) in clause (v)--
       (i) by striking ``process'' and inserting ``read''; and
       (ii) inserting ``at all ports of entry'' after 
     ``installed'';
       (B) in clause (vi), by striking ``and'' at the end;
       (C) in clause (vii), by striking the period at the end and 
     inserting a semicolon; and
       (D) by adding at the end the following:
       ``(viii) a pilot program in which not fewer than 1 State 
     has been initiated and evaluated to determine if an enhanced 
     driver's license, which is machine-readable and tamper-proof, 
     not valid for certification of citizenship for any purpose 
     other than admission into the United States from Canada, and 
     issued by such State to an individual, may permit the 
     individual to use the individual's driver's license to meet 
     the documentation requirements under subparagraph (A) for 
     entry into the United States from Canada at the land and sea 
     ports of entry;
       ``(ix) the report described in subparagraph (C) has been 
     submitted to the appropriate congressional committees;
       ``(x) a study has been conducted to determine the number of 
     passports and passport cards that will be issued as a 
     consequence of the documentation requirements under 
     subparagraph (A); and
       ``(xi) sufficient passport adjudication personnel have been 
     hired or contracted--

       ``(I) to accommodate--

       ``(aa) increased demand for passports as a consequence of 
     the documentation requirements under subparagraph (A); and
       ``(bb) a surge in such demand during seasonal peak travel 
     times; and

       ``(II) to ensure that the time required to issue a passport 
     or passport card is not anticipated to exceed 8 weeks.''; and

       (2) by adding at the end the following:
       ``(C) Report.--Not later than 180 days after the initiation 
     of the pilot program described in subparagraph (B)(viii), the 
     Secretary of Homeland Security and the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report, which includes--
       ``(i) an analysis of the impact of the pilot program on 
     national security;
       ``(ii) recommendations on how to expand the pilot program 
     to other States;
       ``(iii) any appropriate statutory changes to facilitate the 
     expansion of the pilot program to additional States and to 
     citizens of Canada;
       ``(iv) a plan to scan individuals participating in the 
     pilot program against United States terrorist watch lists;
       ``(v) an evaluation of and recommendations for the type of 
     machine-readable technology that should be used in enhanced 
     driver's licenses, based on individual privacy considerations 
     and the costs and feasibility of incorporating any new 
     technology into existing driver's licenses;
       ``(vi) recommendations for improving the pilot program; and
       ``(vii) an analysis of any cost savings for a citizen of 
     the United States participating in an enhanced driver's 
     license program as compared with participating in an 
     alternative program.''.
       (b) Special Rule for Minors.--Section 7209(b) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding 
     at the end the following new paragraph:
       ``(3) Special rule for minors.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall 
     permit an individual to enter the United States without 
     providing any evidence of citizenship if the individual--
       ``(A)(i) is less than 16 years old;
       ``(ii) is accompanied by the individual's legal guardian;
       ``(iii) is entering the United States from Canada or 
     Mexico;
       ``(iv) is a citizen of the United States or Canada; and
       ``(v) provides a birth certificate; or
       ``(B)(i) is less than 18 years old;
       ``(ii) is traveling under adult supervision with a public 
     or private school group, religious group, social or cultural 
     organization, or team associated with a youth athletics 
     organization; and
       ``(iii) provides a birth certificate.''.
       (c) Travel Facilitation Initiatives.--Section 7209 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding 
     at the end the following new subsections:
       ``(e) State Driver's License and Identification Card 
     Enrollment Program.--
       ``(1) In general.--Notwithstanding any other provision of 
     law and not later than 180 days after the submission of the 
     report described in subsection (b)(1)(C), the Secretary of 
     State and the Secretary of Homeland Security shall issue 
     regulations to establish a State Driver's License and 
     Identity Card Enrollment Program as described in this 
     subsection (hereinafter in this subsection referred to as the 
     `Program') and which allows the Secretary of Homeland 
     Security to enter into a memorandum of understanding with an 
     appropriate official of each State that elects to participate 
     in the Program.
       ``(2) Purpose.--The purpose of the Program is to permit a 
     citizen of the United States who produces a driver's license 
     or identity card that meets the requirements of paragraph (3) 
     or a citizen of Canada who produces a document described in 
     paragraph (4) to enter the United States from Canada by land 
     or sea without providing any other documentation or evidence 
     of citizenship.
       ``(3) Admission of citizens of the united states.--A 
     driver's license or identity card meets the requirements of 
     this paragraph if--
       ``(A) the license or card--
       ``(i) was issued by a State that is participating in the 
     Program; and
       ``(ii) is tamper-proof and machine readable; and
       ``(B) the State that issued the license or card--
       ``(i) has a mechanism to verify the United States 
     citizenship status of an applicant for such a license or 
     card;
       ``(ii) does not require an individual to include the 
     individual's citizenship status on such a license or card; 
     and
       ``(iii) manages all information regarding an applicant's 
     United States citizenship status in the same manner as such 
     information collected through the United States passport 
     application process and prohibits any other use or 
     distribution of such information.
       ``(4) Admission of citizens of canada.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, if the Secretary of State and the Secretary of Homeland 
     Security determine that an identity document issued by the 
     Government of Canada or by the Government of a Province or 
     Territory of Canada meets security and information 
     requirements comparable to the requirements for a driver's 
     license or identity card described in paragraph (3), the 
     Secretary of Homeland Security shall permit a citizen of 
     Canada to enter the United States from Canada using such a 
     document without providing any other documentation or 
     evidence of Canadian citizenship.
       ``(B) Technology standards.--The Secretary of Homeland 
     Security shall work, to the maximum extent possible, to 
     ensure that an identification document issued by Canada that 
     permits entry into the United States under subparagraph (A) 
     utilizes technology similar to the technology utilized by 
     identification documents issued by the United States or any 
     State.
       ``(5) Authority to expand.--Notwithstanding any other 
     provision of law, the Secretary of State and the Secretary of 
     Homeland Security may expand the Program to permit an 
     individual to enter the United States--
       ``(A) from a country other than Canada; or
       ``(B) using evidence of citizenship other than a driver's 
     license or identity card described in paragraph (3) or a 
     document described in paragraph (4).
       ``(6) Relationship to other requirements.--Nothing in this 
     subsection shall have the effect of creating a national 
     identity card or a certification of citizenship for any 
     purpose other than admission into the United States as 
     described in this subsection.
       ``(7) State defined.--In this subsection, the term `State' 
     means any of the several States of the United States, the 
     Commonwealth of the Northern Mariana Islands, the 
     Commonwealth of Puerto Rico, the District of Columbia, Guam, 
     the Virgin Islands of the United States, or any other 
     territory or possession of the United States.
       ``(f) Waiver for Intrastate Travel.--The Secretary of 
     Homeland Security shall accept a birth certificate as proof 
     of citizenship for any United States citizen who is traveling 
     directly from one part of a State to a noncontiguous part of 
     that State through Canada, if such citizen cannot travel by 
     land to such part of the State without traveling through 
     Canada, and such travel in Canada is limited to no more than 
     2 hours.
       ``(g) Waiver of Pass Card and Passport Execution Fees.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, during the 2-year period beginning on the date on which 
     the Secretary of Homeland Security publishes a

[[Page S8626]]

     final rule in the Federal Register to carry out subsection 
     (b), the Secretary of State shall--
       ``(A) designate 1 facility in each city or port of entry 
     designated under paragraph (2), including a State Department 
     of Motor Vehicles facility located in such city or port of 
     entry if the Secretary determines appropriate, in which a 
     passport or passport card may be procured without an 
     execution fee during such period; and
       ``(B) develop not fewer than 6 mobile enrollment teams 
     that--
       ``(i) are able to issue passports or other identity 
     documents issued by the Secretary of State without an 
     execution fee during such period;
       ``(ii) are operated along the northern and southern borders 
     of the United States; and
       ``(iii) focus on providing passports and other such 
     documents to citizens of the United States who live in areas 
     of the United States that are near such an international 
     border and that have relatively low population density.
       ``(2) Designation of cities and ports of entry.--The 
     Secretary of State shall designate cities and ports of entry 
     for purposes of paragraph (1)(A) as follows:
       ``(A) The Secretary shall designate not fewer than 3 cities 
     or ports of entry that are 100 miles or less from the 
     northern border of the United States.
       ``(B) The Secretary shall designate not fewer than 3 cities 
     or ports of entry that are 100 miles or less from the 
     southern border of the United States.
       ``(h) Cost-Benefit Analysis.--Prior to publishing a final 
     rule in the Federal Register to carry out subsection (b), the 
     Secretary of Homeland Security shall conduct a complete cost-
     benefit analysis of carrying out this section. Such analysis 
     shall include analysis of--
       ``(1) any potential costs of carrying out this section on 
     trade, travel, and the tourism industry; and
       ``(2) any potential savings that would result from the 
     implementation of the State Driver's License and Identity 
     Card Enrollment Program established under subsection (e) as 
     an alternative to passports and passport cards.
       ``(i) Report.--During the 2-year period beginning on the 
     date that is the 3 months after the date on which the 
     Secretary of Homeland Security begins implementation of 
     subsection (b)(1)--
       ``(1) the Secretary of Homeland Security shall submit to 
     the appropriate congressional committees a report not less 
     than once every 3 months on--
       ``(A) the average delay at border crossings; and
       ``(B) the average processing time for a NEXUS card, FAST 
     card, or SENTRI card; and
       ``(2) the Secretary of State shall submit to the 
     appropriate congressional committees a report not less than 
     once every 3 months on the average processing time for a 
     passport or passport card.
       ``(j) Appropriate Congressional Committees Defined.--In 
     this section, the term `appropriate congressional committees' 
     means--
       ``(1) the Committee on Appropriations, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on the Judiciary of the Senate; and
       ``(2) the Committee on Appropriations, the Committee on 
     Homeland Security, and the Committee on the Judiciary of the 
     House of Representatives.''.
       (d) Sense of Congress Regarding Implementation of the 
     Western Hemisphere Travel Initiative.--The intent of Congress 
     in enacting section 546 of the Department of Homeland 
     Security Appropriations Act, 2007 (Public Law 109-295; 120 
     Stat. 1386) was to prevent the Secretary of Homeland Security 
     from implementing the plan described in section 7209(b)(1) of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (8 U.S.C. 1185 note) before the earlier of June 1, 2009, or 
     the date on which the Secretary certifies to Congress that an 
     alternative travel document, known as a passport card, has 
     been developed and widely distributed to eligible citizens of 
     the United States.
       (e) Passport Processing Staff Authorities.--
       (1) Reemployment of civil service annuitants.--Section 
     61(a) of the State Department Basic Authorities Act of 1956 
     (22 U.S.C. 2733(a)) is amended--
       (A) in paragraph (1), by striking ``To facilitate'' and all 
     that follows through ``, the Secretary'' and inserting ``The 
     Secretary''; and
       (B) in paragraph (2), by striking ``2008'' and inserting 
     ``2010''.
       (2) Reemployment of foreign service annuitants.--Section 
     824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) 
     is amended--
       (A) in paragraph (1)(B), by striking ``to facilitate'' and 
     all that follows through ``Afghanistan,''; and
       (B) in paragraph (2), by striking ``2008'' and inserting 
     ``2010''.
       (f) Report on Border Infrastructure.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Transportation, in 
     consultation with the Secretary of Homeland Security, shall 
     submit to the appropriate congressional committees a report 
     on the adequacy of the infrastructure of the United States to 
     manage cross-border travel associated with the NEXUS, FAST, 
     and SENTRI programs. Such report shall include consideration 
     of--
       (A) the ability of frequent travelers to access dedicated 
     lanes for such travel;
       (B) the total time required for border crossing, including 
     time spent prior to ports of entry;
       (C) the frequency, adequacy of facilities and any 
     additional delays associated with secondary inspections; and
       (D) the adequacy of readers to rapidly read identity 
     documents of such individuals.
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Appropriations, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on the Judiciary of the Senate; and
       (B) the Committee on Appropriations, the Committee on 
     Homeland Security, and the Committee on the Judiciary of the 
     House of Representatives.
                                 ______
                                 
  SA 1965. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. ACCESS TO IMMIGRATION SERVICES IN AREAS THAT ARE NOT 
                   ACCESSIBLE BY ROAD.

       Notwithstanding any other provision of this Act, the 
     Secretary shall permit an employee of United States Customs 
     and Border Protection or United States Immigration and 
     Customs Enforcement who carries out a function of such 
     agencies in a geographic area that is not accessible by road 
     to carry out any function that was performed by an employee 
     of the Immigration and Naturalization Service in such area 
     before the date of the enactment of the Homeland Security Act 
     of 2002 (6 U.S.C. 101 et seq.).
                                 ______
                                 
  SA 1966. Mr. STEVENS submitted an amendment intended to be proposed 
by him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. ESTABLISHMENT OF A CITIZENSHIP AND IMMIGRATION 
                   SERVICES OFFICE IN FAIRBANKS, ALASKA.

       (a) In General.--The Secretary, acting through the Director 
     for United States Citizenship and Immigration Services, shall 
     establish an office under the jurisdiction of the Director in 
     Fairbanks, Alaska, to provide citizenship and immigration 
     services.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated for each fiscal such sums as may be 
     necessary to carry out this section.
                                 ______
                                 
  SA 1967. Mr. SANDERS (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed by him to the bill S. 1639, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 685, between lines 17 and 18, insert the following:

     SEC. 716. H-1B VISA EMPLOYER FEE.

       (a) In General.--Section 214(c)(15) of the Immigration and 
     Nationality Act, as added by section 715 of this Act, is 
     amended--
       (1) in subparagraph (A), by striking ``In each instance 
     where'' and inserting ``Except as provided under subparagraph 
     (D), if'';
       (2) by amending subparagraph (C) to read as follows:
       ``(C) Of the amounts collected under this paragraph--
       ``(i) 85.72 percent shall be deposited in the Treasury in 
     accordance with section 286(aa); and
       ``(ii) 14.28 percent shall be deposited in the Treasury in 
     accordance with section 286(bb).''; and
       (3) by adding at the end the following:
       ``(D) Public hospitals, which are owned and operated by a 
     State or a political subdivision of a State shall not be 
     subject to the supplemental fee imposed under this 
     paragraph.''.
       (b) Use of Additional Fee.--Section 286 of the Immigration 
     and Nationality Act (8 U.S.C. 1356) is amended--
       (1) by redesignating subsection (x), as added by section 
     714 of this Act, as subsection (aa) and moving the 
     redesignated subsection to the end of section 286; and
       (2) by inserting after subsection (aa), as redesignated by 
     paragraph (1), the following:
       ``(bb) Gifted and Talented Students Education Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `Gifted and Talented Students Education Account'. There 
     shall be deposited as offsetting receipts into the account 
     14.28 percent of the fees collected under section 214(c)(15).
       ``(2) Use of fees.--Amounts deposited into the account 
     established under paragraph (1) shall remain available to the 
     Secretary of Education until expended for programs and 
     projects authorized under the Jacob K. Javits Gifted and 
     Talented Students Education Act of 2001 (20 U.S.C. 7253 et 
     seq.).''.
                                 ______
                                 
  SA 1968. Mr. SANDERS (for himself and Mr. Grassley) submitted an

[[Page S8627]]

amendment intended to be proposed by him to the bill S. 1639, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 685, between lines 17 and 18, insert the following:

     SEC. 716. H-1B VISA EMPLOYER FEE.

       (a) In General.--Section 214(c)(15) of the Immigration and 
     Nationality Act, as added by section 715 of this Act, is 
     amended--
       (1) in subparagraph (A), by striking ``In each instance 
     where'' and inserting ``Except as provided under subparagraph 
     (D), if an employer seeks to hire a merit-based, employer-
     sponsored immigrant described in section 203(b)(5), or if'';
       (2) by amending subparagraph (C) to read as follows:
       ``(C) Of the amounts collected under this paragraph--
       ``(i) 85.72 percent shall be deposited in the Treasury in 
     accordance with section 286(aa); and
       ``(ii) 14.28 percent shall be deposited in the Treasury in 
     accordance with section 286(bb).''; and
       (3) by adding at the end the following:
       ``(D) Public hospitals, which are owned and operated by a 
     State or a political subdivision of a State shall not be 
     subject to the supplemental fee imposed under this 
     paragraph.''.
       (b) Use of Additional Fee.--Section 286 of the Immigration 
     and Nationality Act (8 U.S.C. 1356) is amended--
       (1) by redesignating subsection (x), as added by section 
     714 of this Act, as subsection (aa) and moving the 
     redesignated subsection to the end of section 286; and
       (2) by inserting after subsection (aa), as redesignated by 
     paragraph (1), the following:
       ``(bb) Gifted and Talented Students Education Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `Gifted and Talented Students Education Account'. There 
     shall be deposited as offsetting receipts into the account 
     14.28 percent of the fees collected under section 214(c)(15).
       ``(2) Use of fees.--Amounts deposited into the account 
     established under paragraph (1) shall remain available to the 
     Secretary of Education until expended for programs and 
     projects authorized under the Jacob K. Javits Gifted and 
     Talented Students Education Act of 2001 (20 U.S.C. 7253 et 
     seq.).''.
                                 ______
                                 
  SA 1969. Mr. NELSON of Florida submitted an amendment intended to be 
proposed by him to the bill S. 1639, to provide for comprehensive 
immigration reform and for other purposes; which was ordered to lie on 
the table; as follows:

     SEC.___. DEPLOYMENT OF TECHNOLOGY TO IMPROVE VISA PROCESSING 
                   [NELSON].

       Section 222 of the Immigration and Nationality Act (8 
     U.S.C. 1202) is amended by adding at the end the following:
       ``(i) Visa Application Interviews.--
       ``(1) Videoconferencing.--For purposes of subsection (h), 
     the term `in person interview' includes an interview 
     conducted by videoconference or similar technology after the 
     date on which the Secretary of State, in consultation with 
     the Secretary of Homeland Security, certifies to the 
     appropriate committees of Congress that security measures and 
     audit mechanisms have been implemented to ensure that 
     biometrics collected for a visa applicant during an interview 
     using videoconference or similar technology are those of the 
     visa applicant.
       ``(2) Mobile visa interviews.--The Secretary of State is 
     authorized to carry out a pilot program to conduct visa 
     interviews using mobile teams of consular officials after the 
     date on which the Secretary of State, in consultation with 
     Secretary of Homeland Security, certifies to the appropriate 
     committees of Congress that such a pilot program may be 
     carried out without jeopardizing the integrity of the visa 
     interview process or the safety and security of consular 
     officers.
       ``(3) Appropriate committees of congress.--In this 
     subsection the term `appropriate committees of Congress' 
     means--
       ``(A) the Committee on Foreign Relations, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on the Judiciary of the Senate; and
       ``(B) the Committee on Foreign Affairs, Committee on 
     Homeland Security, and the Committee on the Judiciary of the 
     House of Representatives.''.
                                 ______
                                 
  SA 1970. Mr. NELSON of Florida (for himself and Mr. Martinez) 
submitted an amendment intended to be proposed by him to the bill S. 
1639, to provide for comprehensive immigration reform and for other 
purposes; which was ordered to lie on the table; as follows:

       At the end of section 602, add the following:
       (b) Special Rule for Haitian Children.--
       (1) Adjustment of status.--The status of an alien described 
     in paragraph (2) shall be adjusted by the Secretary of 
     Homeland Security under this subsection, if the alien--
       (A) applies for such adjustment prior to the date that is 
     the later of--
       (i) 2 years after the date of the enactment of this Act; or
       (ii) 1 year after the date on which final regulations 
     implementing this section are promulgated; and
       (B) is otherwise admissible to the United States for 
     permanent residence, except that, in determining such 
     admissibility, the grounds for inadmissibility specified in 
     paragraphs (4), (5), (6)(A), (6)(C)(i), (7)(A), and (9)(B) of 
     section 212(a) of the Immigration and Nationality Act (8 
     U.S.C. 1182(a)(4), (5), (6)(A), (6)(C)(i), (7)(A), and 
     (9)(B)) shall not apply.
       (2) Eligible aliens.--An alien described in this paragraph 
     is an alien--
       (A) who is a national of Haiti;
       (B) who--
       (i) was on October 21, 1998 the child of an alien who--

       (I) was a national of Haiti;
       (II) was present in the United States on December 31, 1995;
       (III) filed for asylum before December 31, 1995; and
       (IV) was paroled into the United States prior to December 
     31, 1995, after having been identified as having a credible 
     fear of persecution, or paroled for emergent reasons or 
     reasons deemed strictly in the public interest; or

       (ii) was a child (as defined in the text above subparagraph 
     (A) of section 101(b)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(b)(1)) at the time of arrival in the 
     United States and on December 31, 1995, and who--

       (I) arrived in the United States without parents in the 
     United States and has remained without parents in the United 
     States since such arrival;
       (II) became orphaned subsequent to arrival in the United 
     States; or
       (III) was abandoned by parents or guardians prior to April 
     1, 1998 and has remained abandoned since such abandonment; 
     and
       (IV) has been physically present in the United States for a 
     continuous period beginning not later than December 31, 1995, 
     and ending not earlier than the date the application for such 
     adjustment is filed, except that an alien shall not be 
     considered to have failed to maintain continuous physical 
     presence by reason of an absence, or absences, from the 
     United States for any period or periods amounting in the 
     aggregate to not more than 180 days; and

       (C) applies for such adjustment and is physically present 
     in the United States on the date the application is filed.
       (3) Application submission by parent.--Notwithstanding 
     paragraphs (1) and (2), an application under such paragraph 
     filed based on status as a child may be filed for the benefit 
     of such child by a parent or guardian of the child, if the 
     child is physically present in the United States on such 
     filing date.
                                 ______
                                 
  SA 1971. Mr. NELSON of Florida (for himself and Mr. Gregg) submitted 
an amendment intended to be proposed by him to the bill S. 1639, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       In the table on page 526, after line 5, strike 
     ``Employment'' and all that follows through ``Worker's age: 
     25-39--3 pts'' and insert the following:


------------------------------------------------------------------------
 
------------------------------------------------------------------------
Employment  ....................................................      47
Occupation  U.S. employment in Specialty Occupation (DoL
             definition) or professional nurse--20 pts
            U.S. employment in High Demand Occupation (BLS
             largest 10-yr job growth, top 30)
National    16 pts.
 interest/
 critical
 infrastru
 cture
            U.S. employment in STEM or health occupation,
             current for at least 1 year--8 pts (extraordinary
             or ordinary)
Employer    A U.S. employer willing to pay 50% of LPR
 endorseme   application fee either 1) offers a job, or 2)
 nt          attests for a current employee--6 pts
Experience  Years of work for U.S. firm or as a licensed
             professional nurse for any employer--2 pts/year
             (max 10 points)
Age of      Worker's age: 25-39--3 pts
 worker
------------------------------------------------------------------------


[[Page S8628]]

                                 ______
                                 
  SA 1972. Mr. LAUTENBERG (for himself, Mr. Brownback, Mr. Menendez, 
and Mrs. Clinton) submitted an amendment intended to be proposed by him 
to the bill S. 1639, to provide for comprehensive immigration reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       On page 570, between lines 3 and 4, insert the following 
     new subsection:
       (f) Adjustment of Status for Certain Victims of 
     Terrorism.--
       (1) Specified terrorist activity.--In this subsection, the 
     term ``specified terrorist activity'' means any terrorist 
     activity conducted against the Government or the people of 
     the United States on September 11, 2001.
       (2) Adjustment of status.--
       (A) In general.--The Secretary of Homeland Security shall 
     adjust the status of any alien described in paragraph (3) to 
     that of an alien lawfully admitted for permanent residence, 
     if the alien--
       (i) applies for such adjustment not later than 2 years 
     after the date on which the Secretary establishes procedures 
     to implement this subsection; and
       (ii) is otherwise admissible to the United States for 
     permanent residence, except in determining such admissibility 
     the grounds for inadmissibility specified in paragraphs (4), 
     (5), (6)(A), (7)(A), and (9)(B) of section 212(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)) shall not 
     apply.
       (B) Rules in applying certain provisions.--
       (i) In general.--In the case of an alien described in 
     paragraph (3) who is applying for adjustment of status under 
     this subsection--

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

       (ii) Standards.--In granting waivers under clause (i)(II), 
     the Secretary shall use standards used in granting consent 
     under subparagraphs (A)(iii) and (C)(ii) of such section 
     212(a)(9).
       (C) Relationship of application to certain orders.--
       (i) Application permitted.--An alien who is present in the 
     United States and has been ordered excluded, deported, 
     removed, or granted voluntary departure from the United 
     States under any provision of the Immigration and Nationality 
     Act (8 U.S.C. 1101 et seq.) may, notwithstanding such order 
     or grant of voluntary departure, apply for adjustment of 
     status under subparagraph (A).
       (ii) Motion not required.--An alien described in clause (i) 
     may not be required, as a condition of submitting or granting 
     such application, to file a separate motion to reopen, 
     reconsider, or vacate such order.
       (iii) Effect of decision.--If the Secretary grants an 
     application under clause (i), the Secretary shall cancel the 
     order. If the Secretary renders a final administrative 
     decision to deny the application, the order shall be 
     effective and enforceable to the same extent as if the 
     application had not been made.
       (3) Aliens eligible for adjustment of status.--Subject to 
     paragraph (7), the benefits under paragraph (2) shall apply 
     to any alien who--
       (A) was lawfully present in the United States as a 
     nonimmigrant alien under the immigration laws of the United 
     States on September 10, 2001;
       (B) was, on such date, the spouse, child, dependent son, or 
     dependent daughter of an alien who--
       (i) was lawfully present in the United States as a 
     nonimmigrant under the immigration laws of the United States 
     on such date; and
       (ii) died as a direct result of a specified terrorist 
     activity; and
       (C) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (4) Stay of removal; work authorization.--
       (A) In general.--The Secretary shall establish a process by 
     which an alien subject to a final order of removal may seek a 
     stay of such order based on the filing of an application 
     under paragraph (2).
       (B) During certain proceedings.--The Attorney General may 
     not order any alien to be removed from the United States, if 
     the alien is in removal proceedings under any provision of 
     such Act and has applied for adjustment of status under 
     paragraph (2), unless the Secretary or Attorney General has 
     rendered a final administrative determination to deny the 
     application.
       (C) Work authorization.--The Secretary shall authorize an 
     alien who was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note), and who has applied for adjustment of status 
     under paragraph (2) to engage in employment in the United 
     States during the pendency of such application.
       (5) Availability of administrative review.--Applicants for 
     adjustment of status under paragraph (2) shall have the same 
     right to, and procedures for, administrative review as are 
     provided to--
       (A) applicants for adjustment of status under section 245 
     of the Immigration and Nationality Act (8 U.S.C. 1255); or
       (B) aliens subject to removal proceedings under section 240 
     of such Act (8 U.S.C. 1229a).
       (6) Cancellation of removal for certain immigrant victims 
     of terrorism.--
       (A) In general.--Subject to the provisions of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) 
     (other than subsections (b)(1), (d)(1), and (e) of section 
     240A of such Act (8 U.S.C. 1229b)) and paragraph (7) of this 
     subsection, the Attorney General shall, under such section 
     240A, cancel the removal of, and adjust to the status of an 
     alien lawfully admitted for permanent residence, an alien 
     described in subparagraph (B), if the alien applies for such 
     relief.
       (B) Aliens eligible for cancellation of removal.--The 
     benefits provided by subparagraph (A) shall apply to any 
     alien who--
       (i) was, on September 10, 2001, the spouse, child, 
     dependent son, or dependent daughter of an alien who died as 
     a direct result of a specified terrorist activity; and
       (ii) was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note).
       (C) Stay of removal; work authorization.--
       (i) In general.--The Secretary shall establish a process to 
     provide for an alien subject to a final order of removal to 
     seek a stay of such order based on the filing of an 
     application under subparagraph (A).
       (ii) Work authorization.--The Secretary shall authorize an 
     alien who was deemed to be a beneficiary of, and by, the 
     September 11th Victim Compensation Fund of 2001 (49 U.S.C. 
     40101 note), and who has applied for cancellation of removal 
     under subparagraph (A) to engage in employment in the United 
     States during the pendency of such application.
       (D) Motions to reopen removal proceedings.--
       (i) In general.--On motions to reopen removal proceedings, 
     any alien who has become eligible for cancellation of removal 
     as a result of the enactment of this section may file 1 
     motion to reopen removal proceedings to apply for such 
     relief.
       (ii) Filing period.--The Attorney General shall designate a 
     specific time period in which all such motions to reopen are 
     required to be filed. The period shall begin not later than 
     60 days after the date of the enactment of this Act and shall 
     extend for a period not to exceed 240 days.
       (7) Exceptions.--Notwithstanding any other provision of 
     this subsection, an alien may not be provided relief under 
     this subsection if the alien is--
       (A) inadmissible under paragraph (2) or (3) of section 
     212(a) of the Immigration and Nationality Act (8 U.S.C. 
     1182(a)), or deportable under paragraph (2) or (4) of section 
     237(a) of such Act (8 U.S.C. 1227(a)), including any 
     individual culpable for a specified terrorist activity; or
       (B) a family member of an alien described in subparagraph 
     (A).
       (8) Evidence of death.--For purposes of this subsection, 
     the Secretary shall use the standards established under 
     section 426 of the Uniting and Strengthening America by 
     Providing Appropriate Tools Required to Intercept and 
     Obstruct Terrorism (USA PATRIOT Act) Act of 2001 (115 Stat. 
     362) in determining whether death occurred as a direct result 
     of a specified terrorist activity.
       (9) Process for implementation.--The Secretary and the 
     Attorney General--
       (A) shall carry out this subsection as expeditiously as 
     possible;
       (B) are not required to promulgate regulations before 
     implementing this subsection; and
       (C) shall promulgate procedures to implement this 
     subsection not later than 180 days after the date of the 
     enactment of this Act.
       (10) Implementation.--No provision of this subsection shall 
     be subject to section 1 of this Act.
                                 ______
                                 
  SA 1973. Mr. DODD (for himself, Mr. Menendez, and Mr. Reid) submitted 
an amendment intended to be proposed by him to the bill S. 1639, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       Beginning on page 537, lines 23 and 24, strike ``not to 
     exceed 40,000'' and all that follows through ``terminated.'' 
     on page 555, line 21, and insert the following: ``not to 
     exceed 90,000, plus any visas not required for the classes 
     specified in paragraph (3), or''.
       (2) By striking paragraph (2) and inserting the following:
       ``(2) Spouses or children of an alien lawfully admitted for 
     permanent residence or a national. Qualified immigrants who 
     are the spouses or children of an alien lawfully admitted for 
     permanent residence or a noncitizen national of the United 
     States as defined in section 101(a)(22)(B) of this Act who is 
     resident in the United States shall be allocated visas in a 
     number not to exceed 87,000, plus any visas not required for 
     the class specified in paragraph (1)''
       (3) By striking paragraph (3) and inserting the following:
       ``(3) Family-based visa petitions filed before january 1, 
     2007, for which visas will be available before january 1, 
     2027.--
       ``(A) In general.--The allocation of immigrant visas 
     described in paragraph (4) shall apply to an alien for whom--
       ``(i) a family-based visa petition was filed on or before 
     January 1, 2007; and
       ``(ii) as of January 1, 2007, the Secretary of Homeland 
     Security calculates under subparagraph (B) that a visa can 
     reasonably be expected to become available before January 1, 
     2027.
       ``(B) Reasonable expectation of availability of visas.--In 
     calculating the date on which a family-based visa can 
     reasonably be

[[Page S8629]]

     expected to become available for an alien described in 
     subparagraph (A), the Secretary of Homeland Security shall 
     take into account--
       ``(i) the number of visas allocated annually for the family 
     preference class under which the alien's petition was filed;
       ``(ii) the effect of any per country ceilings applicable to 
     the alien's petition;
       ``(iii) the number of petitions filed before the alien's 
     petition was filed that were filed under the same family 
     preference class; and
       ``(iv) the rate at which visas made available in the family 
     preference class under which the alien's petition was filed 
     were unclaimed in previous years.
       ``(4) Allocation of family-based immigrant visas.--
     Immigrant visas totaling 440,000 shall be allotted visas as 
     follows:
       ``(A) Qualified immigrants who are the unmarried sons or 
     daughters of citizens of the United States shall be allocated 
     visas totaling 70,400 immigrant visas, plus any visas not 
     required for the class specified in (D).
       ``(B) Qualified immigrants who are the unmarried sons or 
     unmarried daughters of an alien lawfully admitted for 
     permanent residence, shall be allocated visas totaling 
     110,000 immigrant visas, plus any visas not required for the 
     class specified in (A).
       ``(C) Qualified immigrants who are the married sons or 
     married daughters of citizens of the United States shall be 
     allocated visas totaling 70,400 immigrant visas, plus any 
     visas not required for the class specified in (A) and (B).
       ``(D) Qualified immigrants who are the brothers or sisters 
     of citizens of the United States, if such citizens are at 
     least 21 years of age, shall be allocated visas totaling 
     189,200 immigrant visas, plus any visas not required for the 
     class specified in (A), (B), and (C).''.
       (4) By striking paragraph (4).
       (d) Petition.--Section 204(a)(1)(A)(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) is amended by 
     striking ``, (3), or (4)'' after ``paragraph (1)''.
       (e) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the first day of the fiscal year subsequent to 
     the fiscal year of enactment.
       (2) Pending and approved petitions.--Petitions for a 
     family-sponsored visa filed for classification under section 
     203(a)(1), (2)(B), (3), or (4) of the Immigration and 
     Nationality Act (as such provisions existed prior to the 
     enactment of this section) which were filed before May 1, 
     2005, regardless of whether the petitions have been approved 
     before May 1, 2005, shall be treated as if such provision 
     remained in effect, and an approved petition may be the basis 
     of an immigrant visa pursuant to section 203(a)(3).
       (f) Determinations of Number of Intending Lawful Permanent 
     Residents.--
       (1) Survey of pending and approved family-based 
     petitions.--The Secretary of Homeland Security may require a 
     submission from petitioners with approved or pending family-
     based petitions filed for classification under section 
     203(a)(1), (2)(B), (3), or (4) of the Immigration and 
     Nationality Act (as such provisions existed prior to the 
     enactment of this section) filed on or before May 1, 2005 to 
     determine that the petitioner and the beneficiary have a 
     continuing commitment to the petition for the alien relative 
     under the classification. In the event the Secretary requires 
     a submission pursuant to this section, the Secretary shall 
     take reasonable steps to provide notice of such a 
     requirement. In the event that the petitioner or beneficiary 
     is no longer committed to the beneficiary obtaining an 
     immigrant visa under this classification or if the petitioner 
     does not respond to the request for a submission, the 
     Secretary of Homeland Security may deny the petition if the 
     petition has not been adjudicated or revoke the petition 
     without additional notice pursuant to section 205 if it has 
     been approved.
       (2) First survey of z nonimmigrants intending to adjust 
     status.--The Secretary shall establish procedures by which 
     nonimmigrants described in section 101(a)(15)(Z) who seek to 
     become aliens lawfully admitted for permanent residence under 
     the merit-based immigrant system shall establish their 
     eligibility, pay any applicable fees and penalties, and file 
     their petitions. No later than the conclusion of the eighth 
     fiscal year after the effective date of section 218D of the 
     Immigration and Nationality Act, the Secretary will determine 
     the total number of qualified applicants who have followed 
     the procedures set forth in this section. The number 
     calculated pursuant to this paragraph shall be 20 percent of 
     the total number of qualified applicants. The Secretary will 
     calculate the number of visas needed per year.
       (3) Second survey of z nonimmigrants intending to adjust 
     status.--No later than the conclusion of the thirteenth 
     fiscal year after the effective date of section 218D of the 
     Immigration and Nationality Act, the Secretary will determine 
     the total number of qualified applicants not described in 
     paragraph (2) who have followed the procedures set forth in 
     this section. The number calculated pursuant to this 
     paragraph shall be the lesser of:
       (A) the number of qualified applicants, as determined by 
     the Secretary pursuant to this paragraph; and
       (B) the number calculated pursuant to paragraph (2).
       (g) Conforming Amendments.--
       (1) Section 212(d)(12)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(12)(B)) is amended by 
     striking ``201(b)(2)(A)'' and inserting ``201(b)(2)'';
       (2) Section 101(a)(15)(K) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended by 
     striking ``201(b)(2)(A)(i)'' and inserting ``201(b)(2)'';
       (3) Section 204(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1154(a)) is amended by striking ``201(b)(2)(A)(i)'' 
     each place it appears and inserting ``201(b)(2)'';
       (4) Section 214(r)(3)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1184(r)(3)(A)) is amended by striking 
     ``201(b)(2)(A)(i)'' and inserting ``201(b)(2)''.

     SEC. 504. CREATION OF PROCESS FOR IMMIGRATION OF FAMILY 
                   MEMBERS IN HARDSHIP CASES.

       (a) In General.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended by adding a new section 203A 
     reading:

     ``SEC. 203A. IMMIGRANT VISAS FOR HARDSHIP CASES.

       ``(a) In General.--Immigrant visas under this section may 
     not exceed 5,000 per fiscal year.
       ``(b) Determination of Eligibility.--The Secretary of 
     Homeland Security may grant an immigrant visa to an applicant 
     who satisfies the following qualifications:
       ``(1) Family relationship.--Visas under this section will 
     be given to aliens who are:
       ``(A) the unmarried sons or daughters of citizens of the 
     United States;
       ``(B) the unmarried sons or the unmarried daughters of 
     aliens lawfully admitted for permanent residence;
       ``(C) the married sons or married daughters of citizens of 
     the United States; or
       ``(D) the brothers or sisters of citizens of the United 
     States, if such citizens are at least 21 years of age,
       ``(2) Necessary hardship.--The petitioner must demonstrate 
     to the satisfaction of the Secretary of Homeland Security 
     that the lack of an immigrant visa under this clause would 
     result in extreme hardship to the petitioner or the 
     beneficiary that cannot be relieved by temporary visits as a 
     nonimmigrant.
       ``(3) Ineligibility to immigrate through other means.--The 
     alien described in clause (1) must be ineligible to immigrate 
     or adjust status through other means, including but not 
     limited to obtaining an immigrant visa filed for 
     classification under section 201(b)(2)(A) or section 203(a) 
     or (b) of this Act, and obtaining cancellation of removal 
     under section 240A(b) of this Act. A determination under this 
     section that an alien is eligible to immigrate through other 
     means does not foreclose or restrict any later determination 
     on the question of eligibility by the Secretary of Homeland 
     Security or the Attorney General.
       ``(c) Processing of Applications.--
       ``(1) An alien selected for an immigrant visa pursuant to 
     this section shall remain eligible to receive such visa only 
     if the alien files an application for an immigrant visa or an 
     application for adjustment of status within the fiscal year 
     in which the visa becomes available, or at such reasonable 
     time as the Secretary may specify after the end of the fiscal 
     year for petitions approved in the last quarter of the fiscal 
     year.
       ``(2) All petitions for an immigrant visa under this 
     section shall automatically terminate if not granted within 
     the fiscal year in which they were filed. The Secretary may 
     in his discretion establish such reasonable application 
     period or other procedures for filing petitions as he may 
     deem necessary in order to ensure their orderly processing 
     within the fiscal year of filing.
       ``(3) The secretary may reserve up to 2,500 of the 
     immigrant visas under this section for approval in the period 
     between March 31 and September 30 of a fiscal year.
       ``(d) Decisions whether an alien qualifies for an immigrant 
     visa under this section are in the unreviewable discretion of 
     the Secretary.''.

     SEC. 505. ELIMINATION OF DIVERSITY VISA PROGRAM.

       (a) Section 201 of the Immigration and Nationality Act (8 
     U.S.C. 1151) is amended--
       (1) in subsection (a)--
       (A) by inserting ``and'' at the end of paragraph (1);
       (B) by striking ``; and'' at the end of paragraph (2) and 
     inserting a period; and
       (C) by striking paragraph (3); and
       (2) by striking subsection (e).
       (b) Section 203 of the Immigration and Nationality Act (8 
     U.S.C. 1153) is amended--
       (1) by striking subsection (c);
       (2) in subsection (d), by striking ``(a), (b), or (c),'' 
     and inserting ``(a) or (b),'';
       (3) in subsection (e), by striking paragraph (2) and 
     redesignating paragraph (3) as paragraph (2);
       (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
     inserting ``(a) or (b)''; and
       (5) in subsection (g), by striking ``(a), (b), and (c)'' 
     and inserting ``(a) and (b)''.
       (c) Section 204 of the Immigration and Nationality Act (8 
     U.S.C. 1154) is amended--
       (1) by striking subsection (a)(1)(I);
       (2) by redesignating subparagraphs (J), (K), and (L) of 
     subsection (a)(1) as subparagraphs (I), (J), and (K), 
     respectively; and
       (3) in subsection (e), by striking ``(a), (b), or (c)'' and 
     inserting ``(a) or (b)''.
       (d) Repeal of Temporary Reduction in Visas for Other 
     Workers.--Section 203(e) of the Nicaraguan Adjustment and 
     Central American Relief Act, as amended (Public Law 105-100; 
     8 U.S.C. 1153 note), is repealed.
       (e) Effective Date.--
       (1) The amendments made by this section shall take effect 
     on October 1, 2008;
       (2) No alien may receive lawful permanent resident status 
     based on the diversity visa

[[Page S8630]]

     program on or after the effective date of this section.
       (f) Conforming Amendments.--Section 203 of the Immigration 
     and Nationality Act (8 U.S.C. 1153(a)) is amended by 
     redesignating paragraphs (d), (e), (f), (g), and (h) as 
     paragraphs (c), (d), (e), (f), and (g), respectively.

     SEC. 506. FAMILY VISITOR VISAS.

       (a) Section 101(a)(15)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(B)) is amended to read 
     as follows:
       ``(B) an alien (other than one coming for the purpose of 
     study or of performing skilled or unskilled labor or as a 
     representative of foreign press, radio, film, or other 
     foreign information media coming to engage in such vocation) 
     having a residence in a foreign country which he or she has 
     no intention of abandoning and who is visiting the United 
     States temporarily for business or temporarily for pleasure. 
     The requirement that the alien have a residence in a foreign 
     country which the alien has no intention of abandoning shall 
     not apply to an alien described in section 214(s) who is 
     seeking to enter as a temporary visitor for pleasure;''.
       (b) Section 214 of the Immigration and Nationality Act (8 
     U.S.C. 1184) is amended by adding at the end the following 
     new subsection:
       ``(s) Parent Visitor Visas.--
       ``(1) In general.--The parent of a United States citizen at 
     least 21 years of age, or the spouse or child of an alien in 
     nonimmigrant status under 101(a)(15)(Y)(i), demonstrating 
     satisfaction of the requirements of this subsection may be 
     granted a renewable nonimmigrant visa valid for 3 years for a 
     visit or visits for an aggregate period not in excess of 180 
     days in any one year period under section 101(a)(15)(B) as a 
     temporary visitor for pleasure.
       ``(2) Requirements.--An alien seeking a nonimmigrant visa 
     under this subsection must demonstrate through presentation 
     of such documentation as the Secretary may by regulations 
     prescribe, that--
       ``(A) the alien's United States citizen son or daughter who 
     is at least 21 years of age or the alien's spouse or parent 
     in nonimmigrant status under 101(a)(15)(Y)(i), is sponsoring 
     the alien's visit to the United States;
       ``(B) the sponsoring United States citizen, or spouse or 
     parent in nonimmigrant status under 101(a)(15)(Y)(i), has, 
     according to such procedures as the Secretary may by 
     regulations prescribe, posted on behalf of the alien a bond 
     in the amount of $1,000, which shall be forfeit if the alien 
     overstays the authorized period of admission (except as 
     provided in subparagraph (5)(B)) or otherwise violates the 
     terms and conditions of his or her nonimmigrant status; and
       ``(C) the alien, the sponsoring United States citizen son 
     or daughter, or the spouse or parent in nonimmigrant status 
     under 101(a)(15)(Y)(i), possesses the ability and financial 
     means to return the alien to his or her country of residence.
       ``(3) Terms and conditions.--An alien admitted as a visitor 
     for pleasure under the provisions of this subsection--
       ``(A) may not stay in the United States for an aggregate 
     period in excess of 180 days within any calendar year unless 
     an extension of stay is granted upon the specific approval of 
     the district director for good cause;
       ``(B) must, according to such procedures as the Secretary 
     may by regulations prescribe, register with the Secretary 
     upon departure from the United States; and
       ``(C) may not be issued employment authorization by the 
     Secretary or be employed.
       ``(4) Certification.--No later than January 1 of each year, 
     the Secretary of Homeland Security shall submit a written 
     report to Congress estimating the percentage of aliens 
     admitted to the United States during the preceding fiscal 
     year as visitors for pleasure under the terms and conditions 
     of this subsection who have remained in the United States 
     beyond their authorized period of admission (except as 
     provided in subparagraph (5)(B)). When preparing this report, 
     the Secretary shall determine which countries, if any, have a 
     disproportionately high rate of nationals overstaying their 
     period of authorized admission under this subsection.
       ``(5) Permanent bars for overstays.--
       ``(A) In general.--Any alien admitted as a visitor for 
     pleasure under the terms and conditions of this subsection 
     who remains in the United States beyond his or her authorized 
     period of admission is permanently barred from any future 
     immigration benefits under the immigration laws, except--
       ``(i) asylum under section 208(a);
       ``(ii) withholding of removal under section 241(b)(3); or
       ``(iii) protection under the Convention Against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment, 
     done at New York December 10, 1984.
       ``(B) Exception.--Overstay of the authorized period of 
     admission granted to aliens admitted as visitors for pleasure 
     under the terms and conditions of this subsection may be 
     excused in the discretion of the Secretary where it is 
     demonstrated that--
       ``(i) the period of overstay was due to extraordinary 
     circumstances beyond the control of the applicant, and the 
     Secretary finds the period commensurate with the 
     circumstances; and
       ``(ii) the alien has not otherwise violated his or her 
     nonimmigrant status.
       ``(6) Bar on sponsor of overstay.--The United States 
     citizen or Y-1 nonimmigrant sponsor of an alien--
       ``(A) admitted as a visitor for pleasure under the terms 
     and conditions of this subsection, and
       ``(B) who remains in the United States beyond his or her 
     authorized period of admission,
     shall be permanently barred from sponsoring that alien for 
     admission as a visitor for pleasure under the terms and 
     conditions of this subsection, and, in the case of a Y-1 
     nonimmigrant sponsor, shall have his Y-1 nonimmigrant status 
     terminated.

                                 ______
                                 
  SA 1974. Mr. THUNE submitted an amendment intended to be proposed by 
him to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 574, line 10, strike ``All documentary evidence'' 
     and all that follows through line 13.
                                 ______
                                 
  SA 1975. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 1639, 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. __. SOUTHWEST BORDER EASEMENT FEASIBILITY STUDY.

       (a) In General.--The Secretary, in consultation with the 
     Attorney General and the Commissioner of the United States 
     Section, International Boundary and Water Commission, shall 
     conduct a study of the desirability of, and need for, border 
     enforcement easements between the ports of entry along the 
     international border between the United States and Mexico to 
     facilitate the patrolling of such border to deter and detect 
     illegal entry into the United States.
       (b) Identification of Specific Locations.--The study 
     conducted under this section shall identify--
       (1) the specific locations where agents of the United 
     States Border Patrol lack immediate access to or control of 
     the border, including any location where authorization by a 
     third party is required to patrol the border or carry out the 
     activities described in subsection (c); and
       (2) for each such location--
       (A) the actions required to create a border enforcement 
     easement;
       (B) the optimal distance from the border to which such 
     easement should extend and the geographic size of the 
     easement;
       (C) the estimated costs of acquiring the easement and 
     making the improvements described in subsection (c); and
       (D) the changes to existing law that would be required to 
     carry out such acquisitions and improvements.
       (c) Scope and Use of Easement.--Easements studied under 
     this section shall be considered to provide the United States 
     Border Patrol with access to and control of land immediately 
     adjacent to the border described in subsection (a) for--
       (1) installing detection equipment;
       (2) constructing or improving roads;
       (3) controlling vegetation;
       (4) installing fences or other obstacles; and
       (5) carrying out such other activities as may be required 
     to patrol the border and deter or detect illegal entry.
       (d) Report.--Not later than December 1, 2008, the Secretary 
     shall submit a report containing the results of the study 
     conducted under this section to--
       (1) the Committee on Homeland Security and Governmental 
     Affairs of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Appropriations of the Senate;
       (4) the Committee on Homeland Security of the House of 
     Representatives;
       (5) the Committee on the Judiciary of the House of 
     Representatives; and
       (6) the Committee on Appropriations of the House of 
     Representatives.

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

       (a) Registration Required for Work Authorization.--Section 
     262 of the Immigration and Nationality Act (8 U.S.C. 1302) is 
     amended by adding at the end the following:
       ``(d) The Secretary of Homeland Security shall verify that 
     each alien applying for work authorization under this Act has 
     registered under this section and has complied with the 
     requirements under subsections (a)(1), (a)(2), and (b) of 
     section 265 before approving such application.''.
       (b) Annual Notification.--Section 265(a) of such Act (8 
     U.S.C. 1305(a)) is amended by striking ``(a) Each alien'' and 
     inserting the following:
       ``(a) In General.--
       ``(1) Annual notification.--Each alien required to be 
     registered under this title who is within the United States 
     on the first day of January of any year shall, not later than 
     30 days following such date, notify the Secretary of Homeland 
     Security in writing of the current address of the alien and 
     furnish such additional information as the Secretary may 
     prescribe by regulation. Failure to comply with this 
     paragraph shall disqualify an alien from being approved for 
     work authorization under this Act.
       ``(2) Notification if absent on january 1.--Each alien 
     required to be registered under this title who is temporarily 
     absent from the United States on the first day of January of 
     any year shall, not later than 10 days after date on which 
     the alien returns to the United States, provide the Secretary 
     of Homeland

[[Page S8631]]

     Security with the information described in paragraph (1).
       ``(3) New address.--Each alien''.
       (c) Treatment of Change of Address Form as Registration 
     Document.--Section 265 of such Act (8 U.S.C. 1305), as 
     amended by subsection (b), is further amended by adding at 
     the end the following:
       ``(d) Treatment as Registration Document.--For purposes of 
     this chapter, any notice of change of address submitted by an 
     alien under this section shall be treated as a registration 
     document under section 262.''.
       (d) Technical Amendments.--Section 266 of such Act (8 
     U.S.C. 1306) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) by striking subsection (b); and
       (3) by redesignating subsection (c) and (d) as subsections 
     (b) and (c), respectively.

     SEC. __. ADDITIONAL TECHNOLOGICAL ASSETS.

       There are authorized to be appropriated such sums as may be 
     necessary to lease 6 additional aircraft and 12 busses for 
     the purpose of achieving operational control of the borders 
     of the United States.
                                 ______
                                 
  SA 1973. Mr. MARTINEZ submitted an amendment intended to be proposed 
to amendment SA 1906 submitted by Mr. Chambliss and intended to be 
proposed to the bill S. 1639, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of amendment No. 1906, insert the following:

     SEC. 711. INTERNATIONAL REGISTERED TRAVELER PROGRAM.

       Section 7208(k)(3) of the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (8 U.S.C. 1365b(k)(3)) is amended to 
     read as follows:
       ``(3) International registered traveler program.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     establish an international registered traveler program that 
     incorporates available technologies, such as biometrics and 
     e-passports, and security threat assessments to expedite the 
     screening and processing of international travelers, 
     including United States Citizens and residents, who enter and 
     exit the United States. The program shall be coordinated with 
     the US-VISIT program, other pre-screening initiatives, and 
     the Visa Waiver Program within the Department of Homeland 
     Security.
       ``(B) Fees.--The Secretary may impose a fee for the program 
     established under subparagraph (A) and may modify such fee 
     from time to time. The fee may not exceed the aggregate costs 
     associated with the program and shall be credited to the 
     Department of Homeland Security for purposes of carrying out 
     the international registered traveler program. Amounts so 
     credited shall remain available until expended.
       ``(C) Rulemaking.--Within 365 days after the date of 
     enactment of the Secure Borders, Economic Opportunity and 
     Immigration Reform Act of 2007, the Secretary shall initiate 
     a rulemaking to establish the program, criteria for 
     participation, and the fee for the program.
       ``(D) Implementation.--Not later than 1 year after the date 
     of enactment of the Secure Borders, Economic Opportunity and 
     Immigration Reform Act of 2007, the Secretary shall establish 
     a phased-implementation of a biometric-based international 
     registered traveler program in conjunction with the US-VISIT 
     entry and exit system, other pre-screening initiatives, and 
     the Visa Waiver Program within the Department of Homeland 
     Security at United States airports with the highest volume of 
     international travelers.
       ``(E) Participation.--The Secretary shall ensure that the 
     international registered traveler program includes as many 
     participants as practicable by--
       ``(i) establishing a reasonable cost of enrollment;
       ``(ii) making program enrollment convenient and easily 
     accessible; and
       ``(iii) providing applicants with clear and consistent 
     eligibility guidelines.
                                 ______
                                 
  SA 1977. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 1934 (Division XI) proposed by Mr. Reid (for Mr. Kennedy 
(for himself and Mr. Specter)) to the bill S. 1639, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of division 11, add the following:

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

       (a) Repeal.--Section 607 of this Act is repealed and the 
     amendments made by such section are null and void.
       (b) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by adding at the end the 
     following:
       ``(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 
     enactment 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). Nothing in this subsection may be construed 
     as establishing an effective date for purposes of this 
     section.''.
       (c) 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:
       ``(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).''.
       (d) Effective Date.--The amendments made by this section 
     shall be effective as of the date of the enactment of this 
     Act.
                                 ______
                                 
  SA 1978. Mr. KENNEDY proposed an amendment to amendment SA 1934 
proposed by Mr. Reid (for Mr. Kennedy (for himself and Mr. Specter)) to 
the bill S. 1639, to provide for comprehensive immigration reform and 
for other purposes; as follows:

       At the end of the amendment add the following:
       This section shall take effect one day after the date of 
     enactment.

                          ____________________