[Congressional Record Volume 153, Number 116 (Thursday, July 19, 2007)]
[Senate]
[Pages S9626-S9641]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 2331. Mr. BUNNING submitted an amendment intended to be proposed 
by him to the bill H.R. 2669, to provide for reconciliation pursuant to 
section 601 of the concurrent resolution on the budget for fiscal year 
2008; which was ordered to lie on the table; as follows:

       At the appropriate place insert the following:

     SEC. __. REPEAL OF 1993 INCOME TAX INCREASE ON SOCIAL 
                   SECURITY BENEFITS.

       (a) Restoration of Prior Law Formula.--Subsection (a) of 
     section 86 (relating to social security and tier 1 railroad 
     retirement benefits) is amended to read as follows:
       ``(a) In General.--Gross income for the taxable year of any 
     taxpayer described in subsection (b) (notwithstanding section 
     207 of the Social Security Act) includes social security 
     benefits in an amount equal to the lesser of--
       ``(1) one-half of the social security benefits received 
     during the taxable year, or
       ``(2) one-half of the excess described in subsection 
     (b)(1).''.
       (b) Repeal of Adjusted Base Amount.--Subsection (c) of 
     section 86 is amended to read as follows:
       ``(c) Base Amount.--For purposes of this section, the term 
     `base amount' means--
       ``(1) except as otherwise provided in this subsection, 
     $25,000,
       ``(2) $32,000 in the case of a joint return, and
       ``(3) zero in the case of a taxpayer who--
       ``(A) is married as of the close of the taxable year 
     (within the meaning of section 7703) but does not file a 
     joint return for such year, and
       ``(B) does not live apart from his spouse at all times 
     during the taxable year.''.
       (c) Conforming Amendments.--
       (1) Subparagraph (A) of section 871(a)(3) is amended by 
     striking ``85 percent'' and inserting ``50 percent''.
       (2)(A) Subparagraph (A) of section 121(e)(1) of the Social 
     Security Amendments of 1983 (Public Law 98-21) is amended--
       (i) by striking ``(A) There'' and inserting ``There'';
       (ii) by striking ``(i)'' immediately following ``amounts 
     equivalent to''; and
       (iii) by striking ``, less (ii)'' and all that follows and 
     inserting a period.
       (B) Paragraph (1) of section 121(e) of such Act is amended 
     by striking subparagraph (B).
       (C) Paragraph (3) of section 121(e) of such Act is amended 
     by striking subparagraph (B) and by redesignating 
     subparagraph (C) as subparagraph (B).
       (D) Paragraph (2) of section 121(e) of such Act is amended 
     in the first sentence by striking ``paragraph (1)(A)'' and 
     inserting ``paragraph (1)''.
       (d) Effective Dates.--
       (1) In general.--Except as otherwise provided in this 
     subsection, the amendments made by this section shall apply 
     to taxable years beginning after December 31, 2007.
       (2) Subsection (c)(1).--The amendment made by subsection 
     (c)(1) shall apply to benefits paid after December 31, 2007.
       (3) Subsection (c)(2).--The amendments made by subsection 
     (c)(2) shall apply to tax liabilities for taxable years 
     beginning after December 31, 2007.

     SEC. __. MAINTENANCE OF TRANSFERS TO HOSPITAL INSURANCE TRUST 
                   FUND.

       There are hereby appropriated to the Federal Hospital 
     Insurance Trust Fund established under section 1817 of the 
     Social Security Act (42 U.S.C. 1395i) amounts equal to the 
     reduction in revenues to the Treasury by reason of the 
     enactment of this Act. Amounts appropriated by the preceding 
     sentence shall be transferred from the general fund at such 
     times and in such manner as to replicate to the extent 
     possible the transfers which would have occurred to such 
     Trust Fund had this Act not been enacted.
                                 ______
                                 
  SA 2332. Mr. BUNNING (for himself and Mr. DeMint) submitted an 
amendment intended to be proposed by him to the bill H.R. 2669, to 
provide for reconciliation pursuant to section 601 of the concurrent 
resolution on the budget for fiscal year 2008; which was ordered to lie 
on the table; as follows:

       At the appropriate place insert the following:

     SEC. _. REPEAL OF APPLICABILITY OF SUNSET OF THE ECONOMIC 
                   GROWTH AND TAX RELIEF RECONCILIATION ACT OF 
                   2001 WITH RESPECT TO ADOPTION CREDIT AND 
                   ADOPTION ASSISTANCE PROGRAMS.

       Section 901 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 is amended by adding at the end 
     the following new subsection:
       ``(c) Exception.--Subsection (a) shall not apply to the 
     amendments made by section 202 (relating to expansion of 
     adoption credit and adoption assistance programs).''.
                                 ______
                                 
  SA 2333. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to 
provide for reconciliation pursuant to section 601 of the concurrent 
resolution on the budget for fiscal year 2008; as follows:

       Strike section 401 of the Higher Education Access Act of 
     2007.
                                 ______
                                 
  SA 2334. Mr. COLEMAN (for himself, Mr. Inhofe, Mr. DeMint, Mr. Thune, 
Mr. McConnell, Mr. Cornyn, Mr. Isakson, Mr. Allard, Mr. Craig, Mr. 
Lugar, Mr. Roberts, Mr. Graham, Mrs. Hutchison, Mr. Cochran, Mr. Hagel, 
Mr. Gregg, Mr. Ensign, Mr. McCain, Mr. Bennett, Mrs. Dole, Mr. 
Brownback, Mr. Alexander, Mr. Crapo, Mr. Bunning, Mr. Corker, and Mr. 
Bond) submitted an amendment intended to be proposed to amendment SA 
2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for 
reconciliation pursuant to section 601 of the concurrent resolution on 
the budget for fiscal year 2008; as follows:

       At the end of the bill, insert the following:

     SEC. ____. FAIRNESS DOCTRINE PROHIBITED.

       (a) Short Title.--This section may be cited as the 
     ``Broadcaster Freedom Act of 2007''.
       (b) Fairness Doctrine Prohibited.--Title III of the 
     Communications Act of 1934 is amended by inserting after 
     section 303 (47 U.S.C. 303) the following new section:

     ``SEC. 303A. LIMITATION ON GENERAL POWERS: FAIRNESS DOCTRINE.

       ``Notwithstanding section 303 or any other provision of 
     this Act or any other Act authorizing the Commission to 
     prescribe rules, regulations, policies, doctrines, standards, 
     or other requirements, the Commission shall not have the 
     authority to prescribe any rule, regulation, policy, 
     doctrine, standard, or other requirement that has the purpose 
     or effect of reinstating or repromulgating (in whole or in 
     part) the requirement that broadcasters present opposing 
     viewpoints on controversial issues of public importance, 
     commonly referred to as the `Fairness Doctrine', as repealed 
     in General Fairness Doctrine Obligations of Broadcast 
     Licensees, 50 Fed. Reg. 35418 (1985).''.
                                 ______
                                 
  SA 2335. Mr. BIDEN submitted an amendment intended to be proposed by 
him to the bill H.R. 1585, to authorize appropriations for fiscal year 
2008 for military activities of the Department of Defense, for military 
construction, and for defense activities of the Department of Energy, 
to prescribe military personnel strengths for such fiscal year, and for 
other purposes; which was ordered to lie on the table; as follows:

       At the end of subtitle C of title XV, add the following:

     SEC. 1535. IMPROVISED EXPLOSIVE DEVICE AND EXPLOSIVELY FORMED 
                   PENETRATOR PROTECTION FOR MILITARY VEHICLES.

       (a) Procurement of Additional Mine Resistant Ambush 
     Protected Vehicles.--
       (1) Additional amount for marine corps procurement.--The 
     amount authorized to be appropriated by section 1502(b) for 
     procurement for the Marine Corps is hereby increased by 
     $23,600,000,000.
       (2) Availability for procurement of additional mrap 
     vehicles.--Of the amount authorized to be appropriated by 
     section 1502(b)

[[Page S9627]]

     for procurement for the Marine Corps, as increased by 
     paragraph (1), $23,600,000,000 may be available for the 
     Marine Corps as program manager for the Army for the 
     procurement of 15,200 Mine Resistant Ambush Protected (MRAP) 
     Vehicles for the Army.
       (b) Additional Costs of Current Procurement of Mine 
     Resistant Ambush Protected Vehicles.--
       (1) Additional amount for marine corps procurement.--The 
     amount authorized to be appropriated by section 1502(b) for 
     procurement for the Marine Corps is hereby increased by 
     $1,000,000,000.
       (2) Availability for additional costs of current 
     procurement of mrap vehicles.--Of the amount authorized to be 
     appropriated by section 1502(b) for procurement for the 
     Marine Corps, as increased by paragraph (1), $1,000,000,000 
     may be available for the Marine Corps as program manager for 
     the on-going procurement of 7,774 Mine Resistant Ambush 
     Protected Vehicles for the Armed Forces.
       (c) Highly Survivable Urban Vehicles.--
       (1) Additional amount for other procurement, army.--The 
     amount authorized to be appropriated by section 1501(5) for 
     other procurement for the Army is hereby increased by 
     $200,000,000.
       (2) Availability for highly survivable urban vehicles.--Of 
     the amount authorized to be appropriated by section 1501(5) 
     for other procurement for the Army, as increased by paragraph 
     (1), $200,000,000 may be available for the Army Rapid 
     Equipping Forces for the Ballistic Protection Experiment 
     (BPE) program for Highly Survivable Urban Vehicles.
       (d) Additional Vehicle-Based Explosively Formed Penetrator 
     Protection.--
       (1) Additional amount for joint improvised explosive device 
     defeat fund.--The amount authorized to be appropriated by 
     section 1510 for the Joint Improvised Explosive Device Defeat 
     Fund is hereby increased by $200,000,000.
       (2) Availability for additional vehicle-based explosively 
     formed penetrator protection.--Of the amount authorized to be 
     appropriated by section 1510 for the Joint Improvised 
     Explosive Device Defeat Fund, as increased by paragraph (1), 
     $200,000,000 may be available for other initiatives to field 
     vehicle-based explosively formed penetrator protection.
       (e) Report.--Not later than 30 days after the date of the 
     enactment of this Act, the Secretary of Defense shall submit 
     to the congressional defense committees a report setting 
     forth such recommendations for legislative or administrative 
     action as the Secretary considers appropriate to accelerate 
     the procurement and deployment of improvised explosive device 
     vehicle protection and explosively former penetrator vehicle 
     protection.
                                 ______
                                 
  SA 2336. Mr. BROWN submitted an amendment intended to be proposed by 
him to the bill S. 1642, to extend the authorization of programs under 
the Higher Education Act of 1965, and for other purposes; which was 
ordered to lie on the table; as follows:

       At the end of title IV of the bill, add the following:

               PART H--FEDERAL SUPPLEMENTAL LOAN PROGRAM

     SEC. 499. FEDERAL SUPPLEMENTAL LOAN PROGRAM.

       Title IV (20 U.S.C. 1070 et seq.) is further amended by 
     adding at the end the following:

     ``SEC. 499B. FEDERAL SUPPLEMENTAL LOAN PROGRAM.

       ``(a) Program Authorized.--The Secretary shall carry out a 
     Federal Supplemental Loan Program in accordance with this 
     section.
       ``(b) Eligible Individuals.--An individual shall be 
     eligible to receive a loan under this section if such 
     individual attends an institution of higher education on a 
     full-time basis as an undergraduate or graduate student.
       ``(c) Fixed Interest Rate Loans and Variable Interest Rate 
     Loans.--
       ``(1) In general.--Beginning with academic year 2008-2009, 
     the Secretary shall make fixed interest rate loans and 
     variable interest rate loans to eligible individuals under 
     this section to enable such individuals to pursue their 
     courses of study at institutions of higher education on a 
     full-time basis.
       ``(2) Fixed interest rate loans.--With respect to a fixed 
     interest rate loan made under this section, the applicable 
     rate of interest on the principal balance of the loan shall 
     be set by the Secretary at the lowest rate for the borrower 
     that will result in no net cost to the Federal Government 
     over the life of the loan.
       ``(3) Variable interest rate loans.--With respect to a 
     variable interest rate loan made under this section, the 
     applicable rate of interest shall, during any 12-month period 
     beginning on July 1 and ending on June 30, be determined on 
     the preceding June 1 and be equal to--
       ``(A) the bond equivalent rate of 91-day Treasury bills 
     auctioned at the final auction held prior to such June 1; 
     plus
       ``(B) a margin determined on an annual basis by the 
     Secretary to result in the lowest rate for the borrower that 
     will result in no net cost to the Federal Government over the 
     life of the loan.
       ``(d) Maximum Loan Amount.--
       ``(1) In general.--The Secretary shall make a loan under 
     this section in any amount up to the maximum amount described 
     in paragraph (2).
       ``(2) Maximum amount.--For an eligible individual, the 
     maximum amount shall be calculated by subtracting from the 
     estimated cost of attendance for such individual to attend 
     the institution of higher education, any amount of financial 
     aid awarded to the eligible individual and any loan amount 
     for which the individual is eligible, but does not receive 
     such amount, pursuant to the subsidized loan program 
     established under section 428 and the unsubsidized loan 
     program established under section 428H.
       ``(e) Cosigners.--The Secretary shall offer to eligible 
     individuals both fixed interest rate loans and variable 
     interest rate loans under this section with the option of 
     having a cosigner or not having a cosigner.
       ``(f) Repayment.--The Secretary shall offer a borrower of a 
     loan made under this section the same repayment plans the 
     Secretary offers under section 455(d) for Federal Direct 
     Loans.
       ``(g) Consolidation.--A borrower of a loan made under this 
     section may consolidate such loan with Federal Direct Loans 
     made under part D.
       ``(h) Disclosures and Cooling Off Period.--
       ``(1) Disclosures.--The Secretary shall provide disclosures 
     to each borrower of a loan made under this section that are 
     not less than as protective as the disclosures required under 
     the Truth in Lending Act (15 U.S.C. 1601 et seq.), including 
     providing a description of the terms, fees, and annual 
     percentage rate with respect to the loan before signing the 
     promissory note.
       ``(2) Cooling off period.--With respect to loans made under 
     this section, the Secretary shall provide a cooling off 
     period for the borrower of not less than 10 business days 
     during which an individual may rescind consent to borrow 
     funds pursuant to this section.
       ``(i) Discretion to Alter.--The Secretary may design or 
     alter the loan program under this section with features 
     similar to those offered by private lenders as part of loans 
     financing postsecondary education.''.
                                 ______
                                 
  SA 2337. Mr. NELSON of Nebraska (for himself and Mr. Burr) submitted 
an amendment intended to be proposed to amendment SA 2327 proposed by 
Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation 
pursuant to section 601 of the concurrent resolution on the budget for 
fiscal year 2008; as follows:

       Beginning on page 5, strike line 13 and all that follows 
     through page 27, line 18, and insert the following:
       ``(A) $1,670,000,000 for fiscal year 2008;
       ``(B) $2,060,000,000 for fiscal year 2009;
       ``(C) $2,460,000,000 for fiscal year 2010;
       ``(D) $2,880,000,000 for fiscal year 2011;
       ``(E) $2,970,000,000 for fiscal year 2012;
       ``(F) $360,000,000 for fiscal year 2013;
       ``(G) $3,080,000,000 for fiscal year 2014;
       ``(H) $3,140,000,000 for fiscal year 2015;
       ``(I) $3,190,000,000 for fiscal year 2016; and
       ``(J) $3,270,000,000 for fiscal year 2017.
       ``(2) Availability of funds.--Funds appropriated under 
     paragraph (1) for a fiscal year shall remain available 
     through the last day of the fiscal year immediately 
     succeeding the fiscal year for which the funds are 
     appropriated.''.
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect on July 1, 2008.

         TITLE II--STUDENT LOAN BENEFITS, TERMS, AND CONDITIONS

     SEC. 201. DEFERMENTS.

       (a) FISL.--Section 427(a)(2)(C)(iii) (20 U.S.C. 
     1077(a)(2)(C)(iii)) is amended by striking ``3 years'' and 
     inserting ``6 years''.
       (b) Interest Subsidies.--Section 428(b)(1)(M)(iv) (20 
     U.S.C. 1078(b)(1)(M)(iv)) is amended by striking ``3 years'' 
     and inserting ``6 years''.
       (c) Direct Loans.--Section 455(f)(2)(D) (20 U.S.C. 
     1087e(f)(2)(D)) is amended by striking ``3 years'' and 
     inserting ``6 years''.
       (d) Perkins.--Section 464(c)(2)(A)(iv) (20 U.S.C. 
     1087dd(c)(2)(A)(iv)) is amended by striking ``3 years'' and 
     inserting ``6 years''.
       (e) Effective Date and Applicability.--The amendments made 
     by this section shall take effect on July 1, 2008, and shall 
     only apply with respect to the loans made to a borrower of a 
     loan under title IV of the Higher Education Act of 1965 who 
     obtained the borrower's first loan under such title prior to 
     October 1, 2012.

     SEC. 202. STUDENT LOAN DEFERMENT FOR CERTAIN MEMBERS OF THE 
                   ARMED FORCES.

       (a) Federal Family Education Loans.--Section 
     428(b)(1)(M)(iii) (20 U.S.C. 1078(b)(1)(M)(iii)) is amended--
       (1) in the matter preceding subclause (I), by striking 
     ``not in excess of 3 years'';
       (2) in subclause (II), by striking ``; or'' and inserting a 
     comma; and
       (3) by adding at the end the following:
     ``and for the 180-day period following the demobilization 
     date for the service described in subclause (I) or (II); 
     or''.
       (b) Direct Loans.--Section 455(f)(2)(C) (20 U.S.C. 
     1087e(f)(2)(C)) is amended--
       (1) in the matter preceding clause (i), by striking ``not 
     in excess of 3 years'';
       (2) in clause (ii), by striking ``; or'' and inserting a 
     comma; and
       (3) by adding at the end the following:
     ``and for the 180-day period following the demobilization 
     date for the service described in clause (i) or (ii); or''.
       (c) Perkins Loans.--Section 464(c)(2)(A)(iii) (20 U.S.C. 
     1087dd(c)(2)(A)(iii)) is amended--
       (1) in the matter preceding subclause (I), by striking 
     ``not in excess of 3 years'';

[[Page S9628]]

       (2) in subclause (II), by striking the semicolon and 
     inserting a comma; and
       (3) by adding at the end the following:
     ``and for the 180-day period following the demobilization 
     date for the service described in subclause (I) or (II);''.
       (d) Applicability.--Section 8007(f) of the Higher Education 
     Reconciliation Act of 2005 (20 U.S.C. 1078 note) is amended 
     by striking ``loans for which'' and all that follows through 
     the period at the end and inserting ``all loans under title 
     IV of the Higher Education Act of 1965.''.
       (e) Effective Date.--The amendments made by this section 
     shall take effect on July 1, 2008.

     SEC. 203. INCOME-BASED REPAYMENT PLANS.

       (a) FFEL.--Section 428 (as amended by sections 201(b) and 
     202(a)) (20 U.S.C. 1078) is further amended--
       (1) in subsection (b)--
       (A) in paragraph (1)--
       (i) in subparagraph (D), by striking ``income contingent'' 
     and inserting ``income-based''; and
       (ii) in subparagraph (E)(i), by striking ``income-
     sensitive'' and inserting ``income-based''; and
       (B) by striking clause (iii) of paragraph (9)(A) and 
     inserting the following:
       ``(iii) an income-based repayment plan, with parallel 
     terms, conditions, and benefits as the income-based repayment 
     plan described in subsections (e) and (d)(1)(D) of section 
     455, except that--

       ``(I) the plan described in this clause shall not be 
     available to a borrower of an excepted PLUS loan (as defined 
     in section 455(e)(10)) or of a loan made under 428C that 
     includes an excepted PLUS loan;
       ``(II) in lieu of the process of obtaining Federal income 
     tax returns and information from the Internal Revenue 
     Service, as described in section 455(e)(1), the borrower 
     shall provide the lender with a copy of the Federal income 
     tax return and return information for the borrower (and, if 
     applicable, the borrower's spouse) for the purposes described 
     in section 455(e)(1), and the lender shall determine the 
     repayment obligation on the loan, in accordance with the 
     procedures developed by the Secretary;
       ``(III) in lieu of the requirements of section 455(e)(3), 
     in the case of a borrower who chooses to repay a loan made, 
     insured, or guaranteed under this part pursuant to income-
     based repayment and for whom the adjusted gross income is 
     unavailable or does not reasonably reflect the borrower's 
     current income, the borrower shall provide the lender with 
     other documentation of income that the Secretary has 
     determined is satisfactory for similar borrowers of loans 
     made under part D;
       ``(IV) the Secretary shall pay any interest due and not 
     paid for under the repayment schedule described in section 
     455(e)(4) for a loan made, insured, or guaranteed under this 
     part in the same manner as the Secretary pays any such 
     interest under section 455(e)(6) for a Federal Direct 
     Stafford Loan;
       ``(V) the Secretary shall assume the obligation to repay an 
     outstanding balance of principal and interest due on all 
     loans made, insured, or guaranteed under this part (other 
     than an excepted PLUS Loan or a loan under section 428C that 
     includes an excepted PLUS loan), for a borrower who satisfies 
     the requirements of subparagraphs (A) and (B) of section 
     455(e)(7), in the same manner as the Secretary cancels such 
     outstanding balance under section 455(e)(7); and
       ``(VI) in lieu of the notification requirements under 
     section 455(e)(8), the lender shall notify a borrower of a 
     loan made, insured, or guaranteed under this part who chooses 
     to repay such loan pursuant to income-based repayment of the 
     terms and conditions of such plan, in accordance with the 
     procedures established by the Secretary, including 
     notification that--

       ``(aa) the borrower shall be responsible for providing the 
     lender with the information necessary for documentation of 
     the borrower's income, including income information for the 
     borrower's spouse (as applicable); and
       ``(bb) if the borrower considers that special circumstances 
     warrant an adjustment, as described in section 455(e)(8)(B), 
     the borrower may contact the lender, and the lender shall 
     determine whether such adjustment is appropriate, in 
     accordance with the criteria established by the Secretary; 
     and'';
       (2) in subsection (e)--
       (A) in the subsection heading, by striking ``Income-
     Sensitive'' and inserting ``Income-Based'';
       (B) in paragraph (1)--
       (i) by striking ``income-sensitive repayment'' and 
     inserting ``income-based repayment''; and
       (ii) by inserting ``and for the public service loan 
     forgiveness program under section 455(m), in accordance with 
     section 428C(b)(5)'' before the semicolon; and
       (C) in paragraphs (2) and (3), by striking ``income-
     sensitive'' each place the term occurs and inserting 
     ``income-based''; and
       (3) in subsection (m)--
       (A) in the subsection heading, by striking ``Income 
     Contingent'' and inserting ``Income-Based'';
       (B) in paragraph (1), by striking ``income contingent 
     repayment plan'' and all that follows through the period at 
     the end and inserting ``income-based repayment plan as 
     described in subsection (b)(9)(A)(iii) and section 
     455(d)(1)(D).''; and
       (C) in the paragraph heading of paragraph (2), by striking 
     ``income contingent'' and inserting ``income-based''.
       (b) Consolidation Loans.--Section 428C (20 U.S.C. 1078-3) 
     is amended--
       (1) in subsection (a)(3)(B)(i)(V), by striking ``for the 
     purposes of obtaining an income contingent repayment plan,'' 
     and inserting ``for the purpose of using the public service 
     loan forgiveness program under section 455(m),'';
       (2) in subsection (b)(5)--
       (A) in the first sentence, by striking ``, or is unable to 
     obtain a consolidation loan with income-sensitive repayment 
     terms acceptable to the borrower from such a lender,'' and 
     inserting ``, or chooses to obtain a consolidation loan for 
     the purposes of using the public service loan forgiveness 
     program offered under section 455(m),''; and
       (B) in the second sentence, by striking ``income contingent 
     repayment under part D of this title'' and inserting 
     ``income-based repayment''; and
       (3) in subsection (c)--
       (A) in paragraph (2)(A)--
       (i) in the first sentence, by striking ``of graduated or 
     income-sensitive repayment schedules, established by the 
     lender in accordance with the regulations of the Secretary.'' 
     and inserting ``of graduated repayment schedules, established 
     by the lender in accordance with the regulations of the 
     Secretary, and income-based repayment schedules, established 
     pursuant to regulations by the Secretary.''; and
       (ii) in the second sentence, by striking ``Except as 
     required'' and all that follows through ``subsection 
     (b)(5),'' and inserting ``Except as required by such income-
     based repayment schedules,''; and
       (B) in paragraph (3)(B), by striking ``income contingent 
     repayment offered by the Secretary under subsection (b)(5)'' 
     and inserting ``income-based repayment''.
       (c) Direct Loans.--Section 455 (as amended by sections 
     201(c) and 202(b)) (20 U.S.C. 1087e) is further amended--
       (1) in subsection (d)--
       (A) in paragraph (1)(D)--
       (i) by striking ``income contingent repayment plan'' and 
     inserting ``income-based repayment plan''; and
       (ii) by striking ``a Federal Direct PLUS loan'' and 
     inserting ``an excepted PLUS loan or any Federal Direct 
     Consolidation Loan that includes an excepted PLUS loan (as 
     defined in subsection (e)(10))''; and
       (B) in paragraph (5)(B), by striking ``income contingent'' 
     and inserting ``income-based''; and
       (2) in subsection (e)--
       (A) in the subsection heading, by striking ``Income 
     Contingent'' and inserting ``Income-Based'';
       (B) in paragraphs (1), (2), and (3), by striking ``income 
     contingent'' each place the term appears and inserting 
     ``income-based'';
       (C) in paragraph (4)--
       (i) by striking ``Income contingent'' and inserting 
     ``Income-based''; and
       (ii) by striking ``Secretary.'' and inserting ``Secretary, 
     except that the monthly required payment under such schedule 
     shall not exceed 15 percent of the result obtained by 
     calculating the amount by which--
       ``(A) the borrower's adjusted gross income; exceeds
       ``(B) 150 percent of the poverty line applicable to the 
     borrower's family size, as determined under section 673(2) of 
     the Community Service Block Grant Act,
     divided by 12.'';
       (D) in paragraph (5), by striking ``income contingent'' and 
     inserting ``income-based'';
       (E) by redesignating paragraph (6) as paragraph (8);
       (F) by inserting after paragraph (5) the following:
       ``(6) Treatment of interest.--In the case of a Federal 
     Direct Stafford Loan, any interest due and not paid for under 
     paragraph (2) shall be paid by the Secretary.
       ``(7) Loan forgiveness.--The Secretary shall cancel the 
     obligation to repay an outstanding balance of principal and 
     interest due on all loans made under this part, or assume the 
     obligation to repay an outstanding balance of principal and 
     interest due on all loans made, insured, or guaranteed under 
     part B, (other than an excepted PLUS Loan, or any Federal 
     Direct Consolidation Loan or loan under section 428C that 
     includes an excepted PLUS loan) to a borrower who--
       ``(A) makes the election under this subsection or under 
     section 428(b)(9)(A)(iii); and
       ``(B) for a period of time prescribed by the Secretary not 
     to exceed 25 years (including any period during which the 
     borrower is in deferment due to an economic hardship 
     described in section 435(o)), meets 1 of the following 
     requirements with respect to each payment made during such 
     period:
       ``(i) Has made the payment under this subsection or section 
     428(b)(9)(A)(iii).
       ``(ii) Has made the payment under a standard repayment plan 
     under section 428(b)(9)(A)(i) or 455(d)(1)(A).
       ``(iii) Has made a payment that counted toward the maximum 
     repayment period under income-sensitive repayment under 
     section 428(b)(9)(A)(iii) or income contingent repayment 
     under section 455(d)(1)(D), as each such section was in 
     effect on June 30, 2008.
       ``(iv) Has made a reduced payment of not less than the 
     amount required under subsection (e), pursuant to a 
     forbearance agreement under section 428(c)(3)(A)(i) for a 
     borrower described in 428(c)(3)(A)(i)(II).'';
       (G) in the matter preceding subparagraph (A) of paragraph 
     (8) (as redesignated by subparagraph (E)), by striking 
     ``income contingent'' and inserting ``income-based''; and

[[Page S9629]]

       (H) by adding at the end the following:
       ``(9) Return to standard repayment.--A borrower who is 
     repaying a loan made under this part pursuant to income-based 
     repayment may choose, at any time, to terminate repayment 
     pursuant to income-based repayment and repay such loan under 
     the standard repayment plan.
       ``(10) Definition of excepted plus loan.--In this 
     subsection, the term `excepted PLUS loan' means a Federal 
     Direct PLUS loan or a loan under section 428B that is made, 
     insured, or guaranteed on behalf of a dependent student.''.
       (d) Conforming Amendments and Technical Corrections.--The 
     Act (20 U.S.C. 1001 et seq.) is further amended--
       (1) in section 427(a)(2)(H) (20 U.S.C. 1077(a)(2)(H))--
       (A) by striking ``or income-sensitive''; and
       (B) by inserting ``or income-based repayment schedule 
     established pursuant to regulations by the Secretary'' before 
     the semicolon at the end; and
       (2) in section 455(d)(1)(C) (20 U.S.C. 1087e(d)(1)(C)), by 
     striking ``428(b)(9)(A)(v)'' and inserting 
     ``428(b)(9)(A)(iv)''.
       (e) Transition Provision.--A student who, as of June 30, 
     2008, elects to repay a loan under part B or part D of the 
     Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a 
     et seq.) through an income-sensitive repayment plan under 
     section 428(b)(9)(A)(iii) of such Act (20 U.S.C. 
     1078(b)(9)(A)(iii)) or an income contingent repayment plan 
     under section 455(d)(1)(D) of such Act (20 U.S.C. 
     1087e(d)(1)(D)) (as each such section was in effect on the 
     day before the date of enactment of this Act) shall have the 
     option to continue repayment under such section (as such 
     section was in effect on such day), or may elect, beginning 
     on July 1, 2008, to use the income-based repayment plan under 
     section 428(b)(9)(A)(iii) or 455(d)(1)(D) (as applicable) of 
     the Higher Education Act of 1965, as amended by this section.
       (f) Effective Date and Applicability.--The amendments made 
     by this section shall take effect on July 1, 2008, and shall 
     only apply with respect to a borrower of a loan under title 
     IV of the Higher Education Act of 1965 who obtained the 
     borrower's first loan under such title prior to October 1, 
     2012.

            TITLE III--FEDERAL FAMILY EDUCATION LOAN PROGRAM

     SEC. 301. REDUCTION OF LENDER INSURANCE PERCENTAGE.

       (a) Amendment.--Section 428(b)(1)(G) (20 U.S.C. 
     1078(b)(1)(G)) is amended--
       (1) in the matter preceding clause (i), by striking 
     ``insures 98 percent'' and inserting ``insures 97 percent'';
       (2) in clause (i), by inserting ``and'' after the 
     semicolon;
       (3) by striking clause (ii); and
       (4) by redesignating clause (iii) as clause (ii).
       (b) Effective Date.--The amendment made by subsection (a) 
     shall take effect with respect to loans made on or after 
     October 1, 2007.

     SEC. 302. GUARANTY AGENCY COLLECTION RETENTION.

       Clause (ii) of section 428(c)(6)(A) (20 U.S.C. 
     1078(c)(6)(A)(ii)) is amended to read as follows:
       ``(ii) an amount equal to 24 percent of such payments for 
     use in accordance with section 422B, except that--
       ``(I) beginning October 1, 2003 and ending September 30, 
     2007, this subparagraph shall be applied by substituting `23 
     percent' for `24 percent'; and
       ``(II) beginning October 1, 2007, this subparagraph shall 
     be applied by substituting `16 percent' for `24 percent'.''.

     SEC. 303. ELIMINATION OF EXCEPTIONAL PERFORMER STATUS FOR 
                   LENDERS.

       (a) Elimination of Status.--Part B of title IV (20 U.S.C. 
     1071 et seq.) is amended by striking section 428I (20 U.S.C. 
     1078-9).
       (b) Conforming Amendments.--Part B of title IV is further 
     amended--
       (1) in section 428(c)(1) (20 U.S.C. 1078(c)(1))--
       (A) by striking subparagraph (D); and
       (B) by redesignating subparagraphs (E) through (H) as 
     subparagraphs (D) through (G), respectively; and
       (2) in section 438(b)(5) (20 U.S.C. 1087-1(b)(5)), by 
     striking the matter following subparagraph (B).
       (c) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on October 1, 2007, except that 
     section 428I of the Higher Education Act of 1965 (as in 
     effect on the day before the date of enactment of this Act) 
     shall apply to eligible lenders that received a designation 
     under subsection (a) of such section prior to October 1, 
     2007, for the remainder of the year for which the designation 
     was made.

     SEC. 304. DEFINITIONS.

       (a) Amendments.--Section 435(o)(1) (20 U.S.C. 1085(o)(1)) 
     is amended--
       (1) in subparagraph (A)(ii), by striking ``100 percent of 
     the poverty line for a family of 2'' and inserting ``150 
     percent of the poverty line applicable to the borrower's 
     family size''; and
       (2) in subparagraph (B)(ii), by striking ``to a family of 
     two'' and inserting ``to the borrower's family size''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall only apply with respect to any borrower of a loan under 
     title IV of the Higher Education Act of 1965 who obtained the 
     borrower's first loan under such title prior to October 1, 
     2012.

     SEC. 305. SPECIAL ALLOWANCES.

       (a) Reduction of Lender Special Allowance Payments.--
     Section 438(b)(2)(I) (20 U.S.C. 1087-1(b)(2)(I)) is amended--
       (1) in clause (i), by striking ``(iii), and (iv)'' and 
     inserting ``(iii), (iv), and (vi)''; and
       (2) by adding at the end the following:
       ``(vi) Reduction for loans disbursed on or after october 1, 
     2007.--With respect to a loan on which the applicable 
     interest rate is determined under section 427A(l) and for 
     which the first disbursement of principal is made on or after 
     October 1, 2007, the special allowance payment computed 
     pursuant to this subparagraph shall be computed--

       ``(I) by substituting `1.39 percent' for `1.74 percent' in 
     clause (ii);
       ``(II) by substituting `1.99 percent' for `2.34 percent' 
     each place it appears in this subparagraph;
       ``(III) by substituting `1.99 percent' for `2.64 percent' 
     in clause (iii); and
       ``(IV) by substituting `2.29 percent' for `2.64 percent' in 
     clause (iv).''.

                                 ______
                                 
  SA 2338. Mr. COLEMAN (for himself and Ms. Landrieu) proposed an 
amendment to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 
2669, to provide for reconciliation pursuant to section 601 of the 
concurrent resolution on the budget for fiscal year 2008; as follows:

       In section 480(d)(1)(B) of the Higher Education Act of 1965 
     (as amended by section 604(2) of the Higher Education Access 
     Act of 2007), insert ``when the individual was 13 years of 
     age or older'' after ``or was in foster care''.
                                 ______
                                 
  SA 2339. Mr. CORNYN (for himself and Mr. Enzi, Mr. Gregg, Mr. Smith, 
Mr. Sununu, Mr. Coleman, and Mr. Voinovich) submitted an amendment 
intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to 
the bill H.R. 2669, to provide for reconciliation pursuant to section 
601 of the concurrent resolution on the budget for fiscal year 2008; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. EMPLOYMENT-BASED VISAS.

       (a) Recapture of Unused Employment-Based Immigrant Visas.--
     Section 106(d) of the American Competitiveness in the Twenty-
     first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 
     note) is amended--
       (1) in paragraph (1)--
       (A) by inserting ``1994, 1996, 1997, 1998,'' after 
     ``available in fiscal year'';
       (B) by striking ``or 2004'' and inserting ``2004, or 
     2006''; and
       (C) by striking ``be available'' and all that follows and 
     inserting the following: ``be available only to--
       ``(A) employment-based immigrants under paragraphs (1), 
     (2), and (3) of section 203(b) of the Immigration and 
     Nationality Act (8 U.S.C. 1153(b));
       ``(B) the family members accompanying or following to join 
     such employment-based immigrants under section 203(d) of such 
     Act; and
       ``(C) those immigrant workers who had petitions approved 
     based on Schedule A, Group I under section 656.5 of title 20, 
     Code of Federal Regulations, as promulgated by the Secretary 
     of Labor.''; and
       (2) in paragraph (2)--
       (A) in subparagraph (A), by striking ``1999 through 2004'' 
     and inserting ``1994, 1996 through 1998, 2001 through 2004, 
     and 2006''; and
       (B) in subparagraph (B), by amending clause (ii) to read as 
     follows:
       ``(ii) Distribution of visas.--The total number of visas 
     made available under paragraph (1) from unused visas from 
     fiscal years 1994, 1996 through 1998, 2001 through 2004, and 
     2006 shall be distributed as follows:
       ``(I) The total number of visas made available for 
     immigrant workers who had petitions approved based on 
     Schedule A, Group I under section 656.5 of title 20, Code of 
     Federal Regulations, as promulgated by the Secretary of Labor 
     shall be 61,000.
       ``(II) The visas remaining from the total made available 
     under subclause (I) shall be allocated equally among 
     employment-based immigrants with approved petitions under 
     paragraph (1), (2), or (3) of section 203(b) of the 
     Immigration and Nationality Act (and their family members 
     accompanying or following to join).''.
       (b) H-1B Visa Availability.--Section 214(g)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is 
     amended--
       (1) in clause (vi), by striking ``and'' at the end;
       (2) by redesignating clause (vii) as clause (ix); and
       (3) by inserting after clause (vi) the following:
       ``(vii) 65,000 in each of fiscal years 2004 through 2007;
       ``(viii) 115,000 in fiscal year 2008; and''.
                                 ______
                                 
  SA 2340. Ms. COLLINS (for herself, Mr. Kyl, Mr. Lieberman, and Mr. 
Warner) submitted an amendment intended to be proposed to amendment SA 
2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for 
reconciliation pursuant to section 601 of the concurrent resolution on 
the budget for fiscal year 2008; as follows:

       At the appropriate place, insert the following:

[[Page S9630]]

     SEC. __. IMMUNITY FOR REPORTS OF SUSPICIOUS BEHAVIOR AND 
                   RESPONSE.

       (a) Immunity for Reports of Suspicious Behavior.--
       (1) In general.--Any person who, in good faith and based on 
     objectively reasonable suspicion, makes, or causes to be 
     made, a voluntary report of covered activity to an authorized 
     official shall be immune from civil liability under Federal, 
     State, and local law for such report.
       (2) False reports.--Paragraph (1) shall not apply to any 
     report that the person knew to be false at the time that 
     person made that report.
       (b) Immunity for Response.--
       (1) In general.--Any authorized official who observes, or 
     receives a report of, covered activity and takes reasonable 
     action to respond to such activity shall be immune from civil 
     liability under Federal, State, and local law for such 
     action.
       (2) Savings clause.--Nothing in this subsection shall 
     affect the ability of any authorized official to assert any 
     defense, privilege, or immunity that would otherwise be 
     available, and this subsection shall not be construed as 
     affecting any such defense, privilege, or immunity.
       (c) Attorney Fees and Costs.--Any person or authorized 
     official found to be immune from civil liability under this 
     section shall be entitled to recover from the plaintiff all 
     reasonable costs and attorney fees.
       (d) Definitions.--In this section:
       (1) Authorized official.--The term ``authorized official'' 
     means--
       (A) any employee or agent of a mass transportation system;
       (B) any officer, employee, or agent of the Department of 
     Homeland Security, the Department of Transportation, or the 
     Department of Justice;
       (C) any Federal, State, or local law enforcement officer; 
     or
       (D) any transportation security officer.
       (2) Covered activity.--The term ``covered activity'' means 
     any suspicious transaction, activity, or occurrence 
     indicating that an individual may be engaging, or preparing 
     to engage, in--
       (A) a violent act or act dangerous to human life that is a 
     violation of the criminal laws of the United States or of any 
     State, or that would be such a violation if committed within 
     the jurisdiction of the United States or any State; or
       (B) an act of terrorism (as that term is defined in section 
     3077 of title 18, United States Code) that involves, or is 
     directed against, a mass transportation system or vehicle or 
     its passengers.
       (3) Mass transportation.--The term ``mass 
     transportation''--
       (A) has the meaning given to that term in section 
     5302(a)(7) of title 49, United States Code; and
       (B) includes--
       (i) school bus, charter, or intercity bus transportation;
       (ii) intercity passenger rail transportation;
       (iii) sightseeing transportation;
       (iv) a passenger vessel as that term is defined in section 
     2101(22) of title 46, United States Code;
       (v) other regularly scheduled waterborne transportation 
     service of passengers by vessel of at least 20 gross tons; 
     and
       (vi) air transportation as that term is defined in section 
     40102 of title 49, United States Code.
       (4) Mass transportation system.--The term ``mass 
     transportation system'' means an entity or entities organized 
     to provide mass transportation using vehicles, including the 
     infrastructure used to provide such transportation.
       (5) Vehicle.--The term ``vehicle'' has the meaning given to 
     that term in section 1992(16) of title 18, United States 
     Code.
       (e) Effective Date.--This section shall take effect on 
     November 20, 2006, and shall apply to all activities and 
     claims occurring on or after such date.
                                 ______
                                 
  SA 2341. Mr. SUNUNU submitted an amendment intended to be proposed to 
amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to 
provide for reconciliation pursuant to section 601 of the concurrent 
resolution on the budget for fiscal year 2008; as follows:

       At the appropriate place, insert the following:

     SEC. ___. PERMANENT EXTENSION OF CERTAIN EDUCATION-RELATED 
                   TAX INCENTIVES.

       Title IX of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 (relating to sunset of provisions 
     of such Act) shall not apply to title IV of such Act 
     (relating to affordable education provisions).
                                 ______
                                 
  SA 2342. Mr. SESSIONS submitted an amendment intended to be proposed 
to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to 
provide for reconciliation pursuant to section 601 of the concurrent 
resolution on the budget for fiscal year 2008; as follows:

       At the appropriate place, insert the following:

     SEC. _. ADJUSTMENTS TO INDIVIDUAL ALTERNATIVE MINIMUM TAX.

       (a) Allowance of Deduction for Personal Exemptions Against 
     Individual Alternative Minimum Tax.--
       (1) In general.--Section 56(b)(1)(E) of the Internal 
     Revenue Code of 1986 (relating to standard deduction and 
     deduction for personal exemptions) is amended by striking ``, 
     the deduction for personal exemptions under section 151, and 
     the deduction under section 642(b)''.
       (2) Clerical amendment.--The heading for section 
     56(b)(1)(E) is amended by striking ``and deduction for 
     personal exemptions''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to taxable years beginning after December 31, 
     2006.
       (b) Adjustment for Inflation of Individual Alternative 
     Minimum Tax Exemption Amount.--Section 55(d) of the Internal 
     Revenue Code of 1986 (relating to exemption amount) is 
     amended by adding at the end the following new paragraph:
       ``(4) Adjustments for inflation.--In the case of a taxable 
     year beginning after December 31, 2007, each of the dollar 
     amounts in paragraphs (1) and (3) shall be increased by an 
     amount equal to--
       ``(A) such dollar amount, multiplied by
       ``(B) the cost-of-living adjustment determined under 
     section (1)(f)(3) for the calendar year in which the taxable 
     year begins, determined by substituting `calendar year 2006' 
     for `calendar year 1992' in subparagraph (B) thereof.
     If any amount as adjusted under the preceding sentence is not 
     a multiple of $10, such amount shall be rounded to the 
     nearest multiple of $10.''.
                                 ______
                                 
  SA 2343. Mr. SESSIONS submitted an amendment intended to be proposed 
by him to the bill H.R. 2669, to provide for reconciliation pursuant to 
section 601 of the concurrent resolution on the budget for fiscal year 
2008; which was ordered to lie on the table; as follows:

       In the appropriate place insert the following:
       Sec. __. Federal Affirmation of Immigration Law Enforcement 
     by States and Political Subdivisions of States.--
       (1) Authority.--Law enforcement personnel of a State, or a 
     political subdivision of a State, have the inherent authority 
     of a sovereign entity to investigate, apprehend, arrest, 
     detain, or transfer to Federal custody (including the 
     transportation across State lines to detention centers) an 
     alien for the purpose of assisting in the enforcement of the 
     immigration laws of the United States including laws related 
     to Visa overstay in the normal course of carrying out the law 
     enforcement duties of such personnel. This State authority 
     has never been displaced or preempted by Federal law.
       (2) Construction.--Nothing in this subsection may be 
     construed to require law enforcement personnel of a State or 
     a political subdivision to assist in the enforcement of the 
     immigration laws of the United States.
       Sec. __. Listing of Immigration Violators in the National 
     Crime Information Center Database.--
       (1) Provision of information to the national crime 
     information center.--
       (A) In general.--Except as provided under subparagraph (C), 
     not later than 180 days after the date of the enactment of 
     this Act, the Secretary shall provide to the head of the 
     National Crime Information Center of the Department of 
     Justice the information that the Secretary has or maintains 
     related to any alien--
       (i) against whom a final order of removal has been issued;
       (ii) who enters into a voluntary departure agreement, or is 
     granted voluntary departure by an immigration judge, whose 
     period for departure has expired under subsection (a)(3) of 
     section 240B of the Immigration and Nationality Act (8 U.S.C. 
     1229c), subsection (b)(2) of such section 240B, or who has 
     violated a condition of a voluntary departure agreement under 
     such section 240B;
       (iii) whom a Federal immigration officer has confirmed to 
     be unlawfully present in the United States; and
       (iv) whose visa has been revoked.
       (B) Removal of information.--The head of the National Crime 
     Information Center shall promptly remove any information 
     provided by the Secretary under subparagraph (A) related to 
     an alien who is lawfully admitted to enter or remain in the 
     United States.
       (C) Procedure for removal of erroneous information.--
       (i) In general.--The Secretary, in consultation with the 
     head of the National Crime Information Center, shall develop 
     and implement a procedure by which an alien may petition the 
     Secretary or head of the National Crime Information Center, 
     as appropriate, to remove any erroneous information provided 
     by the Secretary under subparagraph (A) related to such 
     alien.
       (ii) Effect of failure to receive notice.--Under procedures 
     developed under clause (i), failure by the alien to receive 
     notice of a violation of the immigration laws shall not 
     constitute cause for removing information provided by the 
     Secretary under subparagraph (A) related to such alien, 
     unless such information is erroneous.
       (iii) Interim provision of information.--Notwithstanding 
     the 180-day period set forth in subparagraph (A), the 
     Secretary may not provide the information required under 
     subparagraph (A) until the procedures required under this 
     paragraph have been developed and implemented.
       (2) Inclusion of information in the national crime 
     information center database.--Section 534(a) of title 28, 
     United States Code, is amended--

[[Page S9631]]

       (A) in paragraph (3), by striking ``and'' at the end;
       (B) by redesignating paragraph (4) as paragraph (5); and
       (C) by inserting after paragraph (3) the following:
       ``(4) acquire, collect, classify, and preserve records of 
     violations of the immigration laws of the United States; 
     and''.
       (d)
                                 ______
                                 
  SA 2344. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to 
provide for reconciliation pursuant to section 601 of the concurrent 
resolution on the budget for fiscal year 2008; as follows:

       At the end, add the following:

     TITLE IX--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS

     SEC. 901. SHORT TITLE.

       This title may be cited as the ``John R. Justice 
     Prosecutors and Defenders Incentive Act of 2007''.

     SEC. 902. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.

       Title I of the Omnibus Crime Control and Safe Streets Act 
     of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting 
     after part II (42 U.S.C. 3797cc et seq.) the following:

     ``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS

     ``SEC. 3001. GRANT AUTHORIZATION.

       ``(a) Purpose.--The purpose of this section is to encourage 
     qualified individuals to enter and continue employment as 
     prosecutors and public defenders.
       ``(b) Definitions.--In this section:
       ``(1) Prosecutor.--The term `prosecutor' means a full-time 
     employee of a State or local agency who--
       ``(A) is continually licensed to practice law; and
       ``(B) prosecutes criminal or juvenile delinquency cases at 
     the State or local  level (including supervision, education, 
     or training of other persons prosecuting such cases).
       ``(2) Public defender.--The term `public defender' means an 
     attorney who--
       ``(A) is continually licensed to practice law; and
       ``(B) is--
       ``(i) a full-time employee of a State or local agency who 
     provides legal representation to indigent persons in criminal 
     or juvenile delinquency cases (including supervision, 
     education, or training of other persons providing such 
     representation);
       ``(ii) a full-time employee of a nonprofit organization 
     operating under a contract with a State or unit of local 
     government, who devotes substantially all of his or her full-
     time employment to providing legal representation to indigent 
     persons in criminal or juvenile delinquency cases, (including 
     supervision, education, or training of other persons 
     providing such representation); or
       ``(iii) employed as a full-time Federal defender attorney 
     in a defender organization established pursuant to subsection 
     (g) of section 3006A of title 18, United States Code, that 
     provides legal representation to indigent persons in criminal 
     or juvenile delinquency cases.
       ``(3) Student loan.--The term `student loan' means--
       ``(A) a loan made, insured, or guaranteed under part B of 
     title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 
     et seq.);
       ``(B) a loan made under part D or E of title IV of the 
     Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and 
     1087aa et seq.); and
       ``(C) a loan made under section 428C or 455(g) of the 
     Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g)) 
     to the extent that such loan was used to repay a Federal 
     Direct Stafford Loan, a Federal Direct Unsubsidized Stafford 
     Loan, or a loan made under section 428 or 428H of such Act.
       ``(c) Program Authorized.--The Attorney General shall 
     establish a program by which the Department of Justice shall 
     assume the obligation to repay a student loan, by direct 
     payments on behalf of a borrower to the holder of such loan, 
     in accordance with subsection (d), for any borrower who--
       ``(1) is employed as a prosecutor or public defender; and
       ``(2) is not in default on a loan for which the borrower 
     seeks forgiveness.
       ``(d) Terms of Agreement.--
       ``(1) In general.--To be eligible to receive repayment 
     benefits under subsection (c), a borrower shall enter into a 
     written agreement that specifies that--
       ``(A) the borrower will remain employed as a prosecutor or 
     public defender for a required period of service of not less 
     than 3 years, unless involuntarily separated from that 
     employment;
       ``(B) if the borrower is involuntarily separated from 
     employment on account of misconduct, or voluntarily separates 
     from employment, before the end of the period specified in 
     the agreement, the borrower will repay the Attorney General 
     the amount of any benefits received by such employee under 
     this section;
       ``(C) if the borrower is required to repay an amount to the 
     Attorney General under subparagraph (B) and fails to repay 
     such amount, a sum equal to that amount shall be recoverable 
     by the Federal Government from the employee (or such 
     employee's estate, if applicable) by such methods as are 
     provided by law for the recovery of amounts owed to the 
     Federal Government;
       ``(D) the Attorney General may waive, in whole or in part, 
     a right of recovery under this subsection if it is shown that 
     recovery would be against equity and good conscience or 
     against the public interest; and
       ``(E) the Attorney General shall make student loan payments 
     under this section for the period of the agreement, subject 
     to the availability of appropriations.
       ``(2) Repayments.--
       ``(A) In general.--Any amount repaid by, or recovered from, 
     an individual or the estate of an individual under this 
     subsection shall be credited to the appropriation account 
     from which the amount involved was originally paid.
       ``(B) Merger.--Any amount credited under subparagraph (A) 
     shall be merged with other sums in such account and shall be 
     available for the same purposes and period, and subject to 
     the same limitations, if any, as the sums with which the 
     amount was merged.
       ``(3) Limitations.--
       ``(A) Student loan payment amount.--Student loan repayments 
     made by the Attorney General under this section shall be made 
     subject to such terms, limitations, or conditions as may be 
     mutually agreed upon by the borrower and the Attorney General 
     in an agreement under paragraph (1), except that the amount 
     paid by the Attorney General under this section shall not 
     exceed--
       ``(i) $10,000 for any borrower in any calendar year; or
       ``(ii) an aggregate total of $60,000 in the case of any 
     borrower.
       ``(B) Beginning of payments.--Nothing in this section shall 
     authorize the Attorney General to pay any amount to reimburse 
     a borrower for any repayments made by such borrower prior to 
     the date on which the Attorney General entered into an 
     agreement with the borrower under this subsection.
       ``(e) Additional Agreements.--
       ``(1) In general.--On completion of the required period of 
     service under an agreement under subsection (d), the borrower 
     and the Attorney General may, subject to paragraph (2), enter 
     into an additional agreement in accordance with subsection 
     (d).
       ``(2) Term.--An agreement entered into under paragraph (1) 
     may require the borrower to remain employed as a prosecutor 
     or public defender for less than 3 years.
       ``(f) Award Basis; Priority.--
       ``(1) Award basis.--Subject to paragraph (2), the Attorney 
     General shall provide repayment benefits under this section--
       ``(A) giving priority to borrowers who have the least 
     ability to repay their loans, except that the Attorney 
     General shall determine a fair allocation of repayment 
     benefits among prosecutors and public defenders, and among 
     employing entities nationwide; and
       ``(B) subject to the availability of appropriations.
       ``(2) Priority.--The Attorney General shall give priority 
     in providing repayment benefits under this section in any 
     fiscal year to a borrower who--
       ``(A) received repayment benefits under this section during 
     the preceding fiscal year; and
       ``(B) has completed less than 3 years of the first required 
     period of service specified for the borrower in an agreement 
     entered into under subsection (d).
       ``(g) Regulations.--The Attorney General is authorized to 
     issue such regulations as may be necessary to carry out the 
     provisions of this section.
       ``(h) Study.--Not later than 1 year after the date of 
     enactment of this section, the Government Accountability 
     Office shall study and report to Congress on the impact of 
     law school accreditation requirements and other factors on 
     law school costs and access, including the impact of such 
     requirements on racial and ethnic minorities.
       ``(i) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $25,000,000 for fiscal year 2008 and such sums as may be 
     necessary for each succeeding fiscal year.''.
                                 ______
                                 
  SA 2345. Mr. DURBIN (for himself, Mr. Hagel, and Mrs. Clinton) 
submitted an amendment intended to be proposed to amendment SA 2327 
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for 
reconciliation pursuant to section 601 of the concurrent resolution on 
the budget for fiscal year 2008; which was ordered to lie on the table; 
as follows:

       At the end, add the following:

                       TITLE V--DREAM ACT OF 2007

     SEC. 501. SHORT TITLE.

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

     SEC. 502. DEFINITIONS.

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

     SEC. 503. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY 
                   FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

       (a) In General.--Section 505 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1623) is repealed.
       (b) Effective Date.--The repeal under subsection (a) shall 
     take effect as if included

[[Page S9632]]

     in the enactment of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 110 Stat. 3009-546).

     SEC. 504. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF 
                   CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE 
                   UNITED STATES AS CHILDREN.

       (a) Special Rule for Certain Long-Term Residents Who 
     Entered the United States as Children.--
       (1) In general.--Notwithstanding any other provision of law 
     and except as otherwise provided in this title, the Secretary 
     of Homeland Security may cancel removal of, and adjust to the 
     status of an alien lawfully admitted for permanent residence, 
     subject to the conditional basis described in section 505, an 
     alien who is inadmissible or deportable from the United 
     States, if the alien demonstrates that--
       (A) the alien has been physically present in the United 
     States for a continuous period of not less than 5 years 
     immediately preceding the date of enactment of this title, 
     and had not yet reached the age of 16 years at the time of 
     initial entry;
       (B) the alien has been a person of good moral character 
     since the time of application;
       (C) the alien--
       (i) is not inadmissible under paragraph (2), (3), (6)(E), 
     or (10)(C) of section 212(a) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(a)); and
       (ii) is not deportable under paragraph (1)(E), (2), or (4) 
     of section 237(a) of the Immigration and Nationality Act (8 
     U.S.C. 1227(a));
       (D) the alien, at the time of application, has been 
     admitted to an institution of higher education in the United 
     States, or has earned a high school diploma or obtained a 
     general education development certificate in the United 
     States; and
       (E) the alien has never been under a final administrative 
     or judicial order of exclusion, deportation, or removal, 
     unless the alien--
       (i) has remained in the United States under color of law 
     after such order was issued; or
       (ii) received the order before attaining the age of 16 
     years.
       (2) Waiver.--Notwithstanding paragraph (1), the Secretary 
     of Homeland Security may waive the ground of ineligibility 
     under section 212(a)(6)(E) of the Immigration and Nationality 
     Act and the ground of deportability under paragraph (1)(E) of 
     section 237(a) of that Act for humanitarian purposes or 
     family unity or when it is otherwise in the public interest.
       (3) Procedures.--The Secretary of Homeland Security shall 
     provide a procedure by regulation allowing eligible 
     individuals to apply affirmatively for the relief available 
     under this subsection without being placed in removal 
     proceedings.
       (b) Termination of Continuous Period.--For purposes of this 
     section, any period of continuous residence or continuous 
     physical presence in the United States of an alien who 
     applies for cancellation of removal under this section shall 
     not terminate when the alien is served a notice to appear 
     under section 239(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1229(a)).
       (c) Treatment of Certain Breaks in Presence.--
       (1) In general.--An alien shall be considered to have 
     failed to maintain continuous physical presence in the United 
     States under subsection (a) if the alien has departed from 
     the United States for any period in excess of 90 days or for 
     any periods in the aggregate exceeding 180 days.
       (2) Extensions for exceptional circumstances.--The 
     Secretary of Homeland Security may extend the time periods 
     described in paragraph (1) if the alien demonstrates that the 
     failure to timely return to the United States was due to 
     exceptional circumstances. The exceptional circumstances 
     determined sufficient to justify an extension should be no 
     less compelling than serious illness of the alien, or death 
     or serious illness of a parent, grandparent, sibling, or 
     child.
       (d) Exemption From Numerical Limitations.--Nothing in this 
     section may be construed to apply a numerical limitation on 
     the number of aliens who may be eligible for cancellation of 
     removal or adjustment of status under this section.
       (e) Regulations.--
       (1) Proposed regulations.--Not later than 180 days after 
     the date of enactment of this title, the Secretary of 
     Homeland Security shall publish proposed regulations 
     implementing this section. Such regulations shall be 
     effective immediately on an interim basis, but are subject to 
     change and revision after public notice and opportunity for a 
     period for public comment.
       (2) Interim, final regulations.--Within a reasonable time 
     after publication of the interim regulations in accordance 
     with paragraph (1), the Secretary of Homeland Security shall 
     publish final regulations implementing this section.
       (f) Removal of Alien.--The Secretary of Homeland Security 
     may not remove any alien who has a pending application for 
     conditional status under this title.

     SEC. 505. CONDITIONAL PERMANENT RESIDENT STATUS.

       (a) In General.--
       (1) Conditional basis for status.--Notwithstanding any 
     other provision of law, and except as provided in section 
     506, an alien whose status has been adjusted under section 
     504 to that of an alien lawfully admitted for permanent 
     residence shall be considered to have obtained such status on 
     a conditional basis subject to the provisions of this 
     section. Such conditional permanent resident status shall be 
     valid for a period of 6 years, subject to termination under 
     subsection (b).
       (2) Notice of requirements.--
       (A) At time of obtaining permanent residence.--At the time 
     an alien obtains permanent resident status on a conditional 
     basis under paragraph (1), the Secretary of Homeland Security 
     shall provide for notice to the alien regarding the 
     provisions of this section and the requirements of subsection 
     (c) to have the conditional basis of such status removed.
       (B) Effect of failure to provide notice.--The failure of 
     the Secretary of Homeland Security to provide a notice under 
     this paragraph--
       (i) shall not affect the enforcement of the provisions of 
     this title with respect to the alien; and
       (ii) shall not give rise to any private right of action by 
     the alien.
       (b) Termination of Status.--
       (1) In general.--The Secretary of Homeland Security shall 
     terminate the conditional permanent resident status of any 
     alien who obtained such status under this title, if the 
     Secretary determines that the alien--
       (A) ceases to meet the requirements of subparagraph (B) or 
     (C) of section 504(a)(1);
       (B) has become a public charge; or
       (C) has received a dishonorable or other than honorable 
     discharge from the uniformed services.
       (2) Return to previous immigration status.--Any alien whose 
     conditional permanent resident status is terminated under 
     paragraph (1) shall return to the immigration status the 
     alien had immediately prior to receiving conditional 
     permanent resident status under this title.
       (c) Requirements of Timely Petition for Removal of 
     Condition.--
       (1) In general.--In order for the conditional basis of 
     permanent resident status obtained by an alien under 
     subsection (a) to be removed, the alien must file with the 
     Secretary of Homeland Security, in accordance with paragraph 
     (3), a petition which requests the removal of such 
     conditional basis and which provides, under penalty of 
     perjury, the facts and information so that the Secretary may 
     make the determination described in paragraph (2)(A).
       (2) Adjudication of petition to remove condition.--
       (A) In general.--If a petition is filed in accordance with 
     paragraph (1) for an alien, the Secretary of Homeland 
     Security shall make a determination as to whether the alien 
     meets the requirements set out in subparagraphs (A) through 
     (E) of subsection (d)(1).
       (B) Removal of conditional basis if favorable 
     determination.--If the Secretary determines that the alien 
     meets such requirements, the Secretary shall notify the alien 
     of such determination and immediately remove the conditional 
     basis of the status of the alien.
       (C) Termination if adverse determination.--If the Secretary 
     determines that the alien does not meet such requirements, 
     the Secretary shall notify the alien of such determination 
     and terminate the conditional permanent resident status of 
     the alien as of the date of the determination.
       (3) Time to file petition.--An alien may petition to remove 
     the conditional basis to lawful resident status during the 
     period beginning 180 days before and ending 2 years after 
     either the date that is 6 years after the date of the 
     granting of conditional permanent resident status or any 
     other expiration date of the conditional permanent resident 
     status as extended by the Secretary of Homeland Security in 
     accordance with this title. The alien shall be deemed in 
     conditional permanent resident status in the United States 
     during the period in which the petition is pending.
       (d) Details of Petition.--
       (1) Contents of petition.--Each petition for an alien under 
     subsection (c)(1) shall contain information to permit the 
     Secretary of Homeland Security to determine whether each of 
     the following requirements is met:
       (A) The alien has demonstrated good moral character during 
     the entire period the alien has been a conditional permanent 
     resident.
       (B) The alien is in compliance with section 504(a)(1)(C).
       (C) The alien has not abandoned the alien's residence in 
     the United States. The Secretary shall presume that the alien 
     has abandoned such residence if the alien is absent from the 
     United States for more than 365 days, in the aggregate, 
     during the period of conditional residence, unless the alien 
     demonstrates that alien has not abandoned the alien's 
     residence. An alien who is absent from the United States due 
     to active service in the uniformed services has not abandoned 
     the alien's residence in the United States during the period 
     of such service.
       (D) The alien has completed at least 1 of the following:
       (i) The alien has acquired a degree from an institution of 
     higher education in the United States or has completed at 
     least 2 years, in good standing, in a program for a 
     bachelor's degree or higher degree in the United States.
       (ii) The alien has served in the uniformed services for at 
     least 2 years and, if discharged, has received an honorable 
     discharge.
       (E) The alien has provided a list of each secondary school 
     (as that term is defined in

[[Page S9633]]

     section 9101 of the Elementary and Secondary Education Act of 
     1965 (20 U.S.C. 7801)) that the alien attended in the United 
     States.
       (2) Hardship exception.--
       (A) In general.--The Secretary of Homeland Security may, in 
     the Secretary's discretion, remove the conditional status of 
     an alien if the alien--
       (i) satisfies the requirements of subparagraphs (A), (B), 
     and (C) of paragraph (1);
       (ii) demonstrates compelling circumstances for the 
     inability to complete the requirements described in paragraph 
     (1)(D); and
       (iii) demonstrates that the alien's removal from the United 
     States would result in exceptional and extremely unusual 
     hardship to the alien or the alien's spouse, parent, or child 
     who is a citizen or a lawful permanent resident of the United 
     States.
       (B) Extension.--Upon a showing of good cause, the Secretary 
     of Homeland Security may extend the period of conditional 
     resident status for the purpose of completing the 
     requirements described in paragraph (1)(D).
       (e) Treatment of Period for Purposes of Naturalization.--
     For purposes of title III of the Immigration and Nationality 
     Act (8 U.S.C. 1401 et seq.), in the case of an alien who is 
     in the United States as a lawful permanent resident on a 
     conditional basis under this section, the alien shall be 
     considered to have been admitted as an alien lawfully 
     admitted for permanent residence and to be in the United 
     States as an alien lawfully admitted to the United States for 
     permanent residence. However, the conditional basis must be 
     removed before the alien may apply for naturalization.

     SEC. 506. RETROACTIVE BENEFITS.

       If, on the date of enactment of this title, an alien has 
     satisfied all the requirements of subparagraphs (A) through 
     (E) of section 504(a)(1) and section 505(d)(1)(D), the 
     Secretary of Homeland Security may adjust the status of the 
     alien to that of a conditional resident in accordance with 
     section 504. The alien may petition for removal of such 
     condition at the end of the conditional residence period in 
     accordance with section 505(c) if the alien has met the 
     requirements of subparagraphs (A), (B), and (C) of section 
     505(d)(1) during the entire period of conditional residence.

     SEC. 507. EXCLUSIVE JURISDICTION.

       (a) In General.--The Secretary of Homeland Security shall 
     have exclusive jurisdiction to determine eligibility for 
     relief under this title, except where the alien has been 
     placed into deportation, exclusion, or removal proceedings 
     either prior to or after filing an application for relief 
     under this title, in which case the Attorney General shall 
     have exclusive jurisdiction and shall assume all the powers 
     and duties of the Secretary until proceedings are terminated, 
     or if a final order of deportation, exclusion, or removal is 
     entered the Secretary shall resume all powers and duties 
     delegated to the Secretary under this title.
       (b) Stay of Removal of Certain Aliens Enrolled in Primary 
     or Secondary School.--The Attorney General shall stay the 
     removal proceedings of any alien who--
       (1) meets all the requirements of subparagraphs (A), (B), 
     (C), and (E) of section 504(a)(1);
       (2) is at least 12 years of age; and
       (3) is enrolled full time in a primary or secondary school.
       (c) Employment.--An alien whose removal is stayed pursuant 
     to subsection (b) may be engaged in employment in the United 
     States consistent with the Fair Labor Standards Act (29 
     U.S.C. 201 et seq.) and State and local laws governing 
     minimum age for employment.
       (d) Lift of Stay.--The Attorney General shall lift the stay 
     granted pursuant to subsection (b) if the alien--
       (1) is no longer enrolled in a primary or secondary school; 
     or
       (2) ceases to meet the requirements of subsection (b)(1).

     SEC. 508. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

       Whoever files an application for relief under this title 
     and willfully and knowingly falsifies, misrepresents, or 
     conceals a material fact or makes any false or fraudulent 
     statement or representation, or makes or uses any false 
     writing or document knowing the same to contain any false or 
     fraudulent statement or entry, shall be fined in accordance 
     with title 18, United States Code, or imprisoned not more 
     than 5 years, or both.

     SEC. 509. CONFIDENTIALITY OF INFORMATION.

       (a) Prohibition.--Except as provided in subsection (b), no 
     officer or employee of the United States may--
       (1) use the information furnished by the applicant pursuant 
     to an application filed under this title to initiate removal 
     proceedings against any persons identified in the 
     application;
       (2) make any publication whereby the information furnished 
     by any particular individual pursuant to an application under 
     this title can be identified; or
       (3) permit anyone other than an officer or employee of the 
     United States Government or, in the case of applications 
     filed under this title with a designated entity, that 
     designated entity, to examine applications filed under this 
     title.
       (b) Required Disclosure.--The Attorney General or the 
     Secretary of Homeland Security shall provide the information 
     furnished under this section, and any other information 
     derived from such furnished information, to--
       (1) a duly recognized law enforcement entity in connection 
     with an investigation or prosecution of an offense described 
     in paragraph (2) or (3) of section 212(a) of the Immigration 
     and Nationality Act (8 U.S.C. 1182(a)), when such information 
     is requested in writing by such entity; or
       (2) an official coroner for purposes of affirmatively 
     identifying a deceased individual (whether or not such 
     individual is deceased as a result of a crime).
       (c) Penalty.--Whoever knowingly uses, publishes, or permits 
     information to be examined in violation of this section shall 
     be fined not more than $10,000.

     SEC. 510. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION 
                   ON FEES.

       Regulations promulgated under this title shall provide that 
     applications under this title will be considered on an 
     expedited basis and without a requirement for the payment by 
     the applicant of any additional fee for such expedited 
     processing.

     SEC. 511. HIGHER EDUCATION ASSISTANCE.

       Notwithstanding any provision of the Higher Education Act 
     of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance 
     provided under title IV of the Higher Education Act of 1965 
     (20 U.S.C. 1070 et seq.), an alien who adjusts status to that 
     of a lawful permanent resident under this title shall be 
     eligible only for the following assistance under such title:
       (1) Student loans under parts B, D, and E of such title IV 
     (20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.), 
     subject to the requirements of such parts.
       (2) Federal work-study programs under part C of such title 
     IV (42 U.S.C. 2751 et seq.), subject to the requirements of 
     such part.
       (3) Services under such title IV (20 U.S.C. 1070 et seq.), 
     subject to the requirements for such services.

     SEC. 512. GAO REPORT.

       Not later than seven years after the date of enactment of 
     this title, the Comptroller General of the United States 
     shall submit a report to the Committee on the Judiciary of 
     the Senate and the Committee on the Judiciary of the House of 
     Representatives setting forth--
       (1) the number of aliens who were eligible for cancellation 
     of removal and adjustment of status under section 504(a);
       (2) the number of aliens who applied for adjustment of 
     status under section 504(a);
       (3) the number of aliens who were granted adjustment of 
     status under section 504(a); and
       (4) the number of aliens whose conditional permanent 
     resident status was removed under section 505.
                                 ______
                                 
  SA 2346. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to 
provide for reconciliation pursuant to section 601 of the concurrent 
resolution on the budget for fiscal year 2008; which was ordered to lie 
on the table; as follows:

       At the end of title VIII of the Higher Education Access Act 
     of 2007, insert the following:

     SEC. 802. COLLEGE TEXTBOOK AVAILABILITY.

       (a) Purpose and Intent.--The purpose of this section is to 
     ensure that every student in higher education is offered 
     better and more timely access to affordable course materials 
     by educating and informing faculty, students, administrators, 
     institutions of higher education, bookstores, and publishers 
     on all aspects of the selection, purchase, sale, and use of 
     the course materials. It is the intent of this section to 
     have all involved parties work together to identify ways to 
     decrease the cost of college textbooks and supplemental 
     materials for students while protecting the academic freedom 
     of faculty members to provide high quality course materials 
     for students.
       (b) Definitions.--In this section:
       (1) College textbook.--The term ``college textbook'' means 
     a textbook, or a set of textbooks, used for a course in 
     postsecondary education at an institution of higher 
     education.
       (2) Course schedule.--The term ``course schedule'' means a 
     listing of the courses or classes offered by an institution 
     of higher education for an academic period.
       (3) Institution of higher education.--The term 
     ``institution of higher education'' has the meaning given the 
     term in section 102 of the Higher Education Act of 1965 (20 
     U.S.C. 1002).
       (4) Publisher.--The term ``publisher'' means a publisher of 
     college textbooks or supplemental materials involved in or 
     affecting interstate commerce.
       (5) Supplemental material.--The term ``supplemental 
     material'' means educational material published or produced 
     to accompany a college textbook.
       (c) Publisher Requirements.--
       (1) College textbook pricing information.--When a publisher 
     provides a faculty member of an institution of higher 
     education with information regarding a college textbook or 
     supplemental material available in the subject area in which 
     the faculty member teaches, the publisher shall include, with 
     any such information and in writing, the following:
       (A) The price at which the publisher would make the college 
     textbook or supplemental material available to the bookstore 
     on the campus of, or otherwise associated with, such 
     institution of higher education.

[[Page S9634]]

       (B) Any history of revisions for the college textbook or 
     supplemental material.
       (C) Whether the college textbook or supplemental material 
     is available in any other format, including paperback and 
     unbound, and the price at which the publisher would make the 
     college textbook or supplemental material in the other format 
     available to the bookstore on the campus of, or otherwise 
     associated with, such institution of higher education.
       (2) Unbundling of supplemental materials.--A publisher that 
     sells a college textbook and any supplemental material 
     accompanying such college textbook as a single bundled item 
     shall also sell the college textbook and each supplemental 
     material as separate and unbundled items.
       (d) Provision of ISBN College Textbook Information in 
     Course Schedules.--
       (1) Internet course schedules.--Each institution of higher 
     education that receives Federal assistance and that publishes 
     the institution's course schedule for the subsequent academic 
     period on the Internet shall--
       (A) include in the course schedule, for each college 
     textbook or supplemental material required or recommended for 
     a course or class listed on the course schedule--
       (i) the International Standard Book Number (ISBN) for the 
     college textbook or supplemental material; or
       (ii) the title and author of the college textbook or 
     supplemental material; and
       (B) update the information required under subparagraph (A) 
     as necessary.
       (2) Written course schedules.--In the case of an 
     institution of higher education that receives Federal 
     assistance and that does not publish the institution's course 
     schedule for the subsequent academic period on the Internet, 
     the institution of higher education shall include the 
     information required under paragraph (1)(A) in any printed 
     version of the institution's course schedule and shall 
     provide students with updates to such information as 
     necessary.
       (e) Availability of Information for College Textbook 
     Sellers.--An institution of higher education that receives 
     Federal assistance shall make available, as soon as is 
     practicable, upon the request of any seller of college 
     textbooks (other than a publisher) that meets the 
     requirements established by the institution, the most 
     accurate information available regarding--
       (1) the institution's course schedule for the subsequent 
     academic period; and
       (2) for each course or class offered by the institution for 
     the subsequent academic period--
       (A) for each college textbook or supplemental material 
     required or recommended for such course or class--
       (i) the International Standard Book Number (ISBN) for the 
     college textbook or supplemental material; or
       (ii) the title and author of the college textbook or 
     supplemental material;
       (B) the number of students enrolled in such course or 
     class; and
       (C) the maximum student enrollment for such course or 
     class.
                                 ______
                                 
  SA 2347. Mr. DURBIN submitted an amendment intended to be proposed to 
amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to 
provide for reconciliation pursuant to section 601 of the concurrent 
resolution on the budget for fiscal year 2008; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. ___. DISCHARGE IN BANKRUPTCY FOR CERTAIN STUDENT LOANS.

       (a) In General.--Section 523(a)(8) of title 11, United 
     States Code, is amended--
       (1) in subparagraph (A), by striking clause (i) and 
     inserting the following:
       ``(i) an educational benefit overpayment or loan made, 
     insured, or guaranteed by a governmental unit, or an 
     obligation to repay funds received from a governmental unit 
     as an educational benefit, scholarship, or stipend; or''; and
       (2) in subparagraph (B), by inserting before the semicolon 
     at the end ``, unless such qualified educational loan first 
     became due more than 5 years, excluding any deferment of the 
     repayment period while the borrower is attending an 
     institution of higher education, as that term is defined in 
     section 102 of the Higher Education Act of 1965 (20 U.S.C. 
     1002), before the date of the filing of the petition''.
       (b) Applicability.--The amendments made by subsection (a) 
     shall apply only with respect to obligations described in 
     section 523(a)(8) of title 11, United States Code, as amended 
     by this section, that are entered into on or after the date 
     of enactment of this Act.
                                 ______
                                 
  SA 2348. Mr. DURBIN (for himself and Mr. Grassley) submitted an 
amendment intended to be proposed to amendment SA 2339 submitted by Mr. 
Cornyn (for himself, Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr. 
Coleman, and Mr. Voinovich) to the amendment SA 2327 proposed by Mr. 
Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant 
to section 601 of the concurrent resolution on the budget for fiscal 
year 2008; which was ordered to lie on the table; as follows:

       At the end, add the following:

                 TITLE V--IMMIGRATION FRAUD PREVENTION

     SEC. 501. SHORT TITLE.

       This title may be cited as the ``H-1B and L-1 Visa Fraud 
     and Abuse Prevention Act of 2007''.

     SEC. 502. H-1B EMPLOYER REQUIREMENTS.

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

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

       (ii) in subparagraph (F), by striking ``In the case of'' 
     and all that follows through ``where--'' and inserting the 
     following: ``The employer will not place the nonimmigrant 
     with another employer if--''; and
       (iii) in subparagraph (G), by striking ``In the case of an 
     application described in subparagraph (E)(ii), subject'' and 
     inserting ``Subject'';
       (B) in paragraph (2)--
       (i) in subparagraph (E), by striking ``If an H-1B-dependent 
     employer'' and inserting ``If an employer that employs H-1B 
     nonimmigrants''; and
       (ii) in subparagraph (F), by striking ``The preceding 
     sentence shall apply to an employer regardless of whether or 
     not the employer is an H-1B-dependent employer.''; and
       (C) by striking paragraph (3).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (b) Nondisplacement Requirement.--
       (1) Extending time period for nondisplacement.--Section 
     212(n) of such Act, as amended by subsection (a), is further 
     amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E), by striking ``90 days'' each place 
     it appears and inserting ``180 days'';
       (ii) in subparagraph (F)(ii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''; and
       (B) in paragraph (2)(C)(iii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''.
       (2) Effective date.--The amendments made by paragraph (1)--
       (A) shall apply to applications filed on or after the date 
     of the enactment of this Act; and
       (B) shall not apply to displacements for periods occurring 
     more than 90 days before such date.
       (c) Public Listing of Available Positions.--
       (1) Listing of available positions.--Section 212(n)(1)(C) 
     of such Act is amended--
       (A) in clause (i), by striking ``(i) has provided'' and 
     inserting the following:
       ``(ii)(I) has provided'';
       (B) by redesignating clause (ii) as subclause (II); and
       (C) by inserting before clause (ii), as redesignated, the 
     following:
       ``(i) has advertised the job availability on the list 
     described in paragraph (6), for at least 30 calendar days; 
     and''.
       (2) List maintained by the department of labor.--Section 
     212(n) of such Act, as amended by this section, is further 
     amended by adding at the end the following:
       ``(6)(A) Not later than 90 days after the date of the 
     enactment of this paragraph, the Secretary of Labor shall 
     establish a list of available jobs, which shall be publicly 
     accessible without charge--
       ``(i) on a website maintained by the Department of Labor, 
     which website shall be searchable by--
       ``(I) the name, city, State, and zip code of the employer;
       ``(II) the date on which the job is expected to begin;
       ``(III) the title and description of the job; and
       ``(IV) the State and city (or county) at which the work 
     will be performed; and
       ``(ii) at each 1-stop center created under the Workforce 
     Investment Act of 1998 (Public Law 105-220).
       ``(B) Each available job advertised on the list shall 
     include--
       ``(i) the employer's full legal name;
       ``(ii) the address of the employer's principal place of 
     business;
       ``(iii) the employer's city, State and zip code;
       ``(iv) the employer's Federal Employer Identification 
     Number;
       ``(v) the phone number, including area code and extension, 
     as appropriate, of the hiring official or other designated 
     official of the employer;
       ``(vi) the e-mail address, if available, of the hiring 
     official or other designated official of the employer;
       ``(vii) the wage rate to be paid for the position and, if 
     the wage rate in the offer is expressed as a range, the 
     bottom of the wage range;
       ``(viii) whether the rate of pay is expressed on an annual, 
     monthly, biweekly, weekly, or hourly basis;
       ``(ix) a statement of the expected hours per week that the 
     job will require;

[[Page S9635]]

       ``(x) the date on which the job is expected to begin;
       ``(xi) the date on which the job is expected to end, if 
     applicable;
       ``(xii) the number of persons expected to be employed for 
     the job;
       ``(xiii) the job title;
       ``(xiv) the job description;
       ``(xv) the city and State of the physical location at which 
     the work will be performed; and
       ``(xvi) a description of a process by which a United States 
     worker may submit an application to be considered for the 
     job.
       ``(C) The Secretary of Labor may charge a nominal filing 
     fee to employers who advertise available jobs on the list 
     established under this paragraph to cover expenses for 
     establishing and administering the requirements under this 
     paragraph.
       ``(D) The Secretary may promulgate rules, after notice and 
     a period for comment--
       ``(i) to carry out the requirements of this paragraph; and
       ``(ii) that require employers to provide other information 
     in order to advertise available jobs on the list.''.
       (3) Effective date.--Paragraph (1) shall take effect for 
     applications filed at least 30 days after the creation of the 
     list described in paragraph (2).
       (d) H-1B Nonimmigrants Not Admitted for Jobs Advertised or 
     Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of 
     such Act, as amended by this section, is further amended--
       (1) by inserting after subparagraph (G) the following:
       ``(H)(i) The employer has not advertised the available jobs 
     specified in the application in an advertisement that states 
     or indicates that--
       ``(I) the job or jobs are only available to persons who are 
     or who may become H-1B nonimmigrants; or
       ``(II) persons who are or who may become H-1B nonimmigrants 
     shall receive priority or a preference in the hiring process.
       ``(ii) The employer has not only recruited persons who are, 
     or who may become, H-1B nonimmigrants to fill the job or 
     jobs.''; and
       (2) in the undesignated paragraph at the end, by striking 
     ``The employer'' and inserting the following:
       ``(K) The employer''.
       (e) Prohibition of Outplacement.--
       (1) In general.--Section 212(n) of such Act, as amended by 
     this section, is further amended--
       (A) in paragraph (1), by amending subparagraph (F) to read 
     as follows:
       ``(F) The employer shall not place, outsource, lease, or 
     otherwise contract for the placement of an alien admitted or 
     provided status as an H-1B nonimmigrant with another 
     employer;'' and
       (B) in paragraph (2), by striking subparagraph (E).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (f) Limit on Percentage of H-1B Employees.--Section 
     212(n)(1) of such Act, as amended by this section, is further 
     amended by inserting after subparagraph (H), as added by 
     subsection (d)(1), the following:
       ``(I) If the employer employs not less than 50 employees in 
     the United States, not more than 50 percent of such employees 
     are H-1B nonimmigrants.''.
       (g) Wage Determination.--
       (1) Change in minimum wages.--Section 212(n)(1) of such 
     Act, as amended by this section, is further amended--
       (A) by amending subparagraph (A) to read as follows:
       ``(A) The employer--
       ``(i) is offering and will offer, during the period of 
     authorized employment, to aliens admitted or provided status 
     as an H-1B nonimmigrant, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--
       ``(I) the locally determined prevailing wage level for the 
     occupational classification in the area of employment;
       ``(II) the median average wage for all workers in the 
     occupational classification in the area of employment; or
       ``(III) the median wage for skill level 2 in the 
     occupational classification found in the most recent 
     Occupational Employment Statistics survey; and
       ``(ii) will provide working conditions for such a 
     nonimmigrant that will not adversely affect the working 
     conditions of workers similarly employed.''; and
       (B) in subparagraph (D), by inserting ``the wage 
     determination methodology used under subparagraph (A)(i),'' 
     after ``shall contain''.
       (2) Provision of w-2 forms.--Section 212(n)(1) of such Act 
     is amended by inserting after subparagraph (I), as added by 
     subsection (f), the following:
       ``(J) If the employer, in such previous period as the 
     Secretary shall specify, employed 1 or more H-1B 
     nonimmigrants, the employer shall submit to the Secretary the 
     Internal Revenue Service Form W-2 Wage and Tax Statement 
     filed by the employer with respect to such nonimmigrants for 
     such period.''.
       (3) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (h) Immigration Documents.--Section 204 of such Act (8 
     U.S.C. 1154) is amended by adding at the end the following:
       ``(l) Employer To Share All Immigration Paperwork Exchanged 
     With Federal Agencies.--Not later than 10 working days after 
     receiving a written request from a former, current, or future 
     employee or beneficiary, an employer shall provide the 
     employee or beneficiary with the original (or a certified 
     copy of the original) of all petitions, notices, and other 
     written communication exchanged between the employer and the 
     Department of Labor, the Department of Homeland Security, or 
     any other Federal agency that is related to an immigrant or 
     nonimmigrant petition filed by the employer for the employee 
     or beneficiary.''.

     SEC. 503. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

       (a) Safeguards Against Fraud and Misrepresentation in 
     Application Review Process.--Section 212(n)(1)(K) of the 
     Immigration and Nationality Act, as redesignated by section 
     502(d)(2), is amended--
       (1) by inserting ``and through the Department of Labor's 
     website, without charge.'' after ``D.C.'';
       (2) by inserting ``, clear indicators of fraud, 
     misrepresentation of material fact,'' after ``completeness'';
       (3) by striking ``or obviously inaccurate'' and inserting 
     ``, presents clear indicators of fraud or misrepresentation 
     of material fact, or is obviously inaccurate'';
       (4) by striking ``within 7 days of'' and inserting ``not 
     later than 14 days after''; and
       (5) by adding at the end the following: ``If the 
     Secretary's review of an application identifies clear 
     indicators of fraud or misrepresentation of material fact, 
     the Secretary may conduct an investigation and hearing under 
     paragraph (2).
       (b) Investigations by Department of Labor.--Section 
     212(n)(2) of such Act is amended--
       (1) in subparagraph (A)--
       (A) by striking ``12 months'' and inserting ``24 months''; 
     and
       (B) by striking ``The Secretary shall conduct'' and all 
     that follows and inserting ``Upon the receipt of such a 
     complaint, the Secretary may initiate an investigation to 
     determine if such a failure or misrepresentation has 
     occurred.'';
       (2) in subparagraph (C)(i)--
       (A) by striking ``a condition of paragraph (1)(B), (1)(E), 
     or (1)(F)'' and inserting ``a condition under subparagraph 
     (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; 
     and
       (B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
       (3) in subparagraph (G)--
       (A) in clause (i), by striking ``if the Secretary'' and all 
     that follows and inserting ``with regard to the employer's 
     compliance with the requirements of this subsection.'';
       (B) in clause (ii), by striking ``and whose identity'' and 
     all that follows through ``failure or failures.'' and 
     inserting ``the Secretary of Labor may conduct an 
     investigation into the employer's compliance with the 
     requirements of this subsection.'';
       (C) in clause (iii), by striking the last sentence;
       (D) by striking clauses (iv) and (v);
       (E) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (F) in clause (iv), as redesignated, by striking ``meet a 
     condition described in clause (ii), unless the Secretary of 
     Labor receives the information not later than 12 months'' and 
     inserting ``comply with the requirements under this 
     subsection, unless the Secretary of Labor receives the 
     information not later than 24 months'';
       (G) by amending clause (v), as redesignated, to read as 
     follows:
       ``(v) The Secretary of Labor shall provide notice to an 
     employer of the intent to conduct an investigation. The 
     notice shall be provided in such a manner, and shall contain 
     sufficient detail, to permit the employer to respond to the 
     allegations before an investigation is commenced. The 
     Secretary is not required to comply with this clause if the 
     Secretary determines that such compliance would interfere 
     with an effort by the Secretary to investigate or secure 
     compliance by the employer with the requirements of this 
     subsection. A determination by the Secretary under this 
     clause shall not be subject to judicial review.''.
       (H) in clause (vi), as redesignated, by striking ``An 
     investigation'' and all that follows through ``the 
     determination.'' and inserting ``If the Secretary of Labor, 
     after an investigation under clause (i) or (ii), determines 
     that a reasonable basis exists to make a finding that the 
     employer has failed to comply with the requirements under 
     this subsection, the Secretary shall provide interested 
     parties with notice of such determination and an opportunity 
     for a hearing in accordance with section 556 of title 5, 
     United States Code, not later than 120 days after the date of 
     such determination.''; and
       (I) by adding at the end the following:
       ``(vii) If the Secretary of Labor, after a hearing, finds a 
     reasonable basis to believe that the employer has violated 
     the requirements under this subsection, the Secretary may 
     impose a penalty under subparagraph (C).''; and
       (4) by striking subparagraph (H).
       (c) Information Sharing Between Department of Labor and 
     Department of Homeland Security.--Section 212(n)(2) of such 
     Act, as amended by this section, is further amended by 
     inserting after subparagraph (G) the following:
       ``(H) The Director of United States Citizenship and 
     Immigration Services shall provide the Secretary of Labor 
     with any information

[[Page S9636]]

     contained in the materials submitted by H-1B employers as 
     part of the adjudication process that indicates that the 
     employer is not complying with H-1B visa program 
     requirements. The Secretary may initiate and conduct an 
     investigation and hearing under this paragraph after 
     receiving information of noncompliance under this 
     subparagraph.''.
       (d) Audits.--Section 212(n)(2)(A) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following: ``The Secretary may conduct surveys of the degree 
     to which employers comply with the requirements under this 
     subsection and may conduct annual compliance audits of 
     employers that employ H-1B nonimmigrants. The Secretary shall 
     conduct annual compliance audits of not less than 1 percent 
     of the employers that employ H-1B nonimmigrants during the 
     applicable calendar year. The Secretary shall conduct annual 
     compliance audits of each employer with more than 100 
     employees who work in the United States if more than 15 
     percent of such employees are H-1B nonimmigrants.''.
       (e) Penalties.--Section 212(n)(2)(C) of such Act, as 
     amended by this section, is further amended--
       (1) in clause (i)(I), by striking ``$1,000'' and inserting 
     ``$2,000'';
       (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
     ``$10,000''; and
       (3) in clause (vi)(III), by striking ``$1,000'' and 
     inserting ``$2,000''.
       (f) Information Provided to H-1B Nonimmigrants Upon Visa 
     Issuance.--Section 212(n) of such Act, as amended by this 
     section, is further amended by inserting after paragraph (2) 
     the following:
       ``(3)(A) Upon issuing an H-1B visa to an applicant outside 
     the United States, the issuing office shall provide the 
     applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections;
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer obligations and workers' rights; and
       ``(iii) a copy of the employer's H-1B application for the 
     position that the H-1B nonimmigrant has been issued the visa 
     to fill.
       ``(B) Upon the issuance of an H-1B visa to an alien inside 
     the United States, the officer of the Department of Homeland 
     Security shall provide the applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections;
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer's obligations and workers' rights; and
       ``(iii) a copy of the employer's H-1B application for the 
     position that the H-1B nonimmigrant has been issued the visa 
     to fill.''.

     SEC. 504. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

       (a) In General.--Section 214(c)(2) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(c)(2)) is amended--
       (1) by striking ``Attorney General'' each place it appears 
     and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (E), by striking ``In the case of an 
     alien spouse admitted under section 101(a)(15)(L), who'' and 
     inserting ``Except as provided in subparagraph (H), if an 
     alien spouse admitted under section 101(a)(15)(L)''; and
       (3) by adding at the end the following:
       ``(G)(i) If the beneficiary of a petition under this 
     subsection is coming to the United States to open, or be 
     employed in, a new facility, the petition may be approved for 
     up to 12 months only if the employer operating the new 
     facility has--
       ``(I) a business plan;
       ``(II) sufficient physical premises to carry out the 
     proposed business activities; and
       ``(III) the financial ability to commence doing business 
     immediately upon the approval of the petition.
       ``(ii) An extension of the approval period under clause (i) 
     may not be granted until the importing employer submits an 
     application to the Secretary of Homeland Security that 
     contains--
       ``(I) evidence that the importing employer meets the 
     requirements of this subsection;
       ``(II) evidence that the beneficiary meets the requirements 
     under section 101(a)(15)(L);
       ``(III) a statement summarizing the original petition;
       ``(IV) evidence that the importing employer has fully 
     complied with the business plan submitted under clause 
     (i)(I);
       ``(V) evidence of the truthfulness of any representations 
     made in connection with the filing of the original petition;
       ``(VI) evidence that the importing employer, during the 
     preceding 12 months, has been doing business at the new 
     facility through regular, systematic, and continuous 
     provision of goods or services, or has otherwise been taking 
     commercially reasonable steps to establish the new facility 
     as a commercial enterprise;
       ``(VII) a statement of the duties the beneficiary has 
     performed at the new facility during the preceding 12 months 
     and the duties the beneficiary will perform at the new 
     facility during the extension period approved under this 
     clause;
       ``(VIII) a statement describing the staffing at the new 
     facility, including the number of employees and the types of 
     positions held by such employees;
       ``(IX) evidence of wages paid to employees;
       ``(X) evidence of the financial status of the new facility; 
     and
       ``(XI) any other evidence or data prescribed by the 
     Secretary.
       ``(iii) Notwithstanding subclauses (I) through (VI) of 
     clause (ii), and subject to the maximum period of authorized 
     admission set forth in subparagraph (D), the Secretary of 
     Homeland Security may approve a petition subsequently filed 
     on behalf of the beneficiary to continue employment at the 
     facility described in this subsection for a period beyond the 
     initially granted 12-month period if the importing employer 
     demonstrates that the failure to satisfy any of the 
     requirements described in those subclauses was directly 
     caused by extraordinary circumstances beyond the control of 
     the importing employer.
       ``(iv) For purposes of determining the eligibility of an 
     alien for classification under section 101(a)(15)(L), the 
     Secretary of Homeland Security shall work cooperatively with 
     the Secretary of State to verify a company or facility's 
     existence in the United States and abroad.''.
       (b) Restriction on Blanket Petitions.--Section 214(c)(2)(A) 
     of such Act is amended to read as follows:
       ``(2)(A) The Secretary of Homeland Security may not permit 
     the use of blanket petitions to import aliens as 
     nonimmigrants under section 101(a)(15)(L).''.
       (c) Prohibition on Outplacement.--Section 214(c)(2) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(H) An employer who imports 1 or more aliens as 
     nonimmigrants described in section 101(a)(15)(L) shall not 
     place, outsource, lease, or otherwise contract for the 
     placement of an alien admitted or provided status as an L-1 
     nonimmigrant with another employer.''.
       (d) Investigations and Audits by Department of Homeland 
     Security.--
       (1) Department of homeland security investigations.--
     Section 214(c)(2) of such Act, as amended by this section, is 
     further amended by adding at the end the following:
       ``(I)(i) The Secretary of Homeland Security may initiate an 
     investigation of any employer that employs nonimmigrants 
     described in section 101(a)(15)(L) with regard to the 
     employer's compliance with the requirements of this 
     subsection.
       ``(ii) If the Secretary of Homeland Security receives 
     specific credible information from a source who is likely to 
     have knowledge of an employer's practices, employment 
     conditions, or compliance with the requirements under this 
     subsection, the Secretary may conduct an investigation into 
     the employer's compliance with the requirements of this 
     subsection. The Secretary may withhold the identity of the 
     source from the employer, and the source's identity shall not 
     be subject to disclosure under section 552 of title 5.
       ``(iii) The Secretary of Homeland Security shall establish 
     a procedure for any person desiring to provide to the 
     Secretary of Homeland Security information described in 
     clause (ii) that may be used, in whole or in part, as the 
     basis for the commencement of an investigation described in 
     such clause, to provide the information in writing on a form 
     developed and provided by the Secretary of Homeland Security 
     and completed by or on behalf of the person.
       ``(iv) No investigation described in clause (ii) (or 
     hearing described in clause (vi) based on such investigation) 
     may be conducted with respect to information about a failure 
     to comply with the requirements under this subsection, unless 
     the Secretary of Homeland Security receives the information 
     not later than 24 months after the date of the alleged 
     failure.
       ``(v) Before commencing an investigation of an employer 
     under clause (i) or (ii), the Secretary of Homeland Security 
     shall provide notice to the employer of the intent to conduct 
     such investigation. The notice shall be provided in such a 
     manner, and shall contain sufficient detail, to permit the 
     employer to respond to the allegations before an 
     investigation is commenced. The Secretary is not required to 
     comply with this clause if the Secretary determines that to 
     do so would interfere with an effort by the Secretary to 
     investigate or secure compliance by the employer with the 
     requirements of this subsection. There shall be no judicial 
     review of a determination by the Secretary under this clause.
       ``(vi) If the Secretary of Homeland Security, after an 
     investigation under clause (i) or (ii), determines that a 
     reasonable basis exists to make a finding that the employer 
     has failed to comply with the requirements under this 
     subsection, the Secretary shall provide interested parties 
     with notice of such determination and an opportunity for a 
     hearing in accordance with section 556 of title 5, United 
     States Code, not later than 120 days after the date of such 
     determination. If such a hearing is requested, the Secretary 
     shall make a finding concerning the matter by not later than 
     120 days after the date of the hearing.
       ``(vii) If the Secretary of Homeland Security, after a 
     hearing, finds a reasonable basis to believe that the 
     employer has violated the requirements under this subsection, 
     the Secretary may impose a penalty under section 
     214(c)(2)(J).''.
       (2) Audits.--Section 214(c)(2)(I) of such Act, as added by 
     paragraph (1), is amended by adding at the end the following:
       ``(viii) The Secretary of Homeland Security may conduct 
     surveys of the degree to which employers comply with the 
     requirements under this section and may conduct annual 
     compliance audits of employers that

[[Page S9637]]

     employ H-1B nonimmigrants. The Secretary shall conduct annual 
     compliance audits of not less than 1 percent of the employers 
     that employ nonimmigrants described in section 101(a)(15)(L) 
     during the applicable calendar year. The Secretary shall 
     conduct annual compliance audits of each employer with more 
     than 100 employees who work in the United States if more than 
     15 percent of such employees are nonimmigrants described in 
     section 101(a)(15)(L).''.
       (3) Reporting requirement.--Section 214(c)(8) of such Act 
     is amended by inserting ``(L),'' after ``(H),''.
       (e) Penalties.--Section 214(c)(2) of such Act, as amended 
     by this section, is further amended by adding at the end the 
     following:
       ``(J)(i) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a failure by an 
     employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $2,000 per violation) as 
     the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 1 year, approve a petition for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(ii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (F), (G), 
     (H), (I), or (K) or a misrepresentation of material fact in a 
     petition to employ 1 or more aliens as nonimmigrants 
     described in section 101(a)(15)(L)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the Secretary of Homeland Security may not, during a 
     period of at least 2 years, approve a petition filed for that 
     employer to employ 1 or more aliens as such nonimmigrants.
       ``(iii) If the Secretary of Homeland Security finds, after 
     notice and an opportunity for a hearing, a willful failure by 
     an employer to meet a condition under subparagraph (L)(i)--
       ``(I) the Secretary of Homeland Security may impose such 
     other administrative remedies (including civil monetary 
     penalties in an amount not to exceed $10,000 per violation) 
     as the Secretary determines to be appropriate; and
       ``(II) the employer shall be liable to employees harmed for 
     lost wages and benefits.''.
       (f) Wage Determination.--
       (1) Change in minimum wages.--Section 214(c)(2) of such 
     Act, as amended by this section, is further amended by adding 
     at the end the following:
       ``(K)(i) An employer that employs a nonimmigrant described 
     in section 101(a)(15)(L) shall--
       ``(I) offer such nonimmigrant, during the period of 
     authorized employment, wages, based on the best information 
     available at the time the application is filed, which are not 
     less than the highest of--

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

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

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

       ``(iv) The Secretary of Homeland Security shall determine 
     whether a required payment under clause (iii)(I) is a penalty 
     (and not liquidated damages) pursuant to relevant State 
     law.''.
       (2) Effective date.--The amendments made by this subsection 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.

     SEC. 505. WHISTLEBLOWER PROTECTIONS.

       (a) H-1B Whistleblower Protections.--Section 
     212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 
     U.S.C. 1182(n)(2)(C)(iv)) is amended--
       (1) by inserting ``take, fail to take, or threaten to take 
     or fail to take, a personnel action, or'' before ``to 
     intimidate''; and
       (2) by adding at the end the following: ``An employer that 
     violates this clause shall be liable to the employees harmed 
     by such violation for lost wages and benefits.''.
       (b) L-1 Whistleblower Protections.--Section 214(c)(2) of 
     such Act, as amended by section 504, is further amended by 
     adding at the end the following:
       ``(L)(i) It is a violation of this subparagraph for an 
     employer who has filed a petition to import 1 or more aliens 
     as nonimmigrants described in section 101(a)(15)(L) to take, 
     fail to take, or threaten to take or fail to take, a 
     personnel action, or to intimidate, threaten, restrain, 
     coerce, blacklist, discharge, or discriminate in any other 
     manner against an employee because the employee--
       ``(I) has disclosed information that the employee 
     reasonably believes evidences a violation of this subsection, 
     or any rule or regulation pertaining to this subsection; or
       ``(II) cooperates or seeks to cooperate with the 
     requirements of this subsection, or any rule or regulation 
     pertaining to this subsection.
       ``(ii) An employer that violates this subparagraph shall be 
     liable to the employees harmed by such violation for lost 
     wages and benefits.
       ``(iii) In this subparagraph, the term `employee' 
     includes--
       ``(I) a current employee;
       ``(II) a former employee; and
       ``(III) an applicant for employment.''.

     SEC. 506. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

       (a) In General.--The Secretary of Labor is authorized to 
     hire 200 additional employees to administer, oversee, 
     investigate, and enforce programs involving H-1B nonimmigrant 
     workers.
       (b) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.
                                 ______
                                 
  SA 2349. Mr. HARKIN submitted an amendment intended to be proposed by 
him to the bill H.R. 2669, to provide for reconciliation pursuant to 
section 601 of the concurrent resolution on the budget for fiscal year 
2008; which was ordered to lie on the table; as follows:

       At the end of title III of the Higher Education Access Act 
     of 2007, add the following:

     SEC. 3___. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE 
                   ATTORNEYS.

       (a) In General.--Part B of title IV (20 U.S.C. 1071 et 
     seq.) is amended by inserting after section 428K the 
     following:

     ``SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE 
                   ATTORNEYS.

       ``(a) Purpose.--The purpose of this section is to encourage 
     qualified individuals to enter and continue employment as 
     civil legal assistance attorneys.
       ``(b) Definitions.--In this section:
       ``(1) Civil legal assistance attorney.--The term `civil 
     legal assistance attorney' means an attorney who--
       ``(A) is a full-time employee of a nonprofit organization 
     that provides legal assistance with respect to civil matters 
     to low-income individuals without a fee;
       ``(B) as such employee, provides civil legal assistance as 
     described in subparagraph (A) on a full-time basis; and
       ``(C) is continually licensed to practice law.
       ``(2) Student loan.--The term `student loan' means--
       ``(A) subject to subparagraph (B), a loan made, insured, or 
     guaranteed under part B, D, or E of this title; and
       ``(B) a loan made under section 428C or 455(g), to the 
     extent that such loan was used to repay--
       ``(i) a Federal Direct Stafford Loan, a Federal Direct 
     Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan;
       ``(ii) a loan made under section 428, 428B, or 428H; or
       ``(iii) a loan made under part E.
       ``(c) Program Authorized.--The Secretary shall carry out a 
     program of assuming the obligation to repay a student loan, 
     by direct payments on behalf of a borrower to the holder of 
     such loan, in accordance with subsection (d), for any 
     borrower who--
       ``(1) is employed as a civil legal assistance attorney; and
       ``(2) is not in default on a loan for which the borrower 
     seeks repayment.
       ``(d) Terms of Agreement.--
       ``(1) In general.--To be eligible to receive repayment 
     benefits under subsection (c), a borrower shall enter into a 
     written agreement with the Secretary that specifies that--
       ``(A) the borrower will remain employed as a civil legal 
     assistance attorney for a required period of service of not 
     less than 3 years, unless involuntarily separated from that 
     employment;

[[Page S9638]]

       ``(B) if the borrower is involuntarily separated from 
     employment on account of misconduct, or voluntarily separates 
     from employment, before the end of the period specified in 
     the agreement, the borrower will repay the Secretary the 
     amount of any benefits received by such employee under this 
     agreement;
       ``(C) if the borrower is required to repay an amount to the 
     Secretary under subparagraph (B) and fails to repay such 
     amount, a sum equal to that amount shall be recoverable by 
     the Federal Government from the employee by such methods as 
     are provided by law for the recovery of amounts owed to the 
     Federal Government;
       ``(D) the Secretary may waive, in whole or in part, a right 
     of recovery under this subsection if it is shown that 
     recovery would be against equity and good conscience or 
     against the public interest; and
       ``(E) the Secretary shall make student loan payments under 
     this section for the period of the agreement, subject to the 
     availability of appropriations.
       ``(2) Repayments.--
       ``(A) In general.--Any amount repaid by, or recovered from, 
     an individual under this subsection shall be credited to the 
     appropriation account from which the amount involved was 
     originally paid.
       ``(B) Merger.--Any amount credited under subparagraph (A) 
     shall be merged with other sums in such account and shall be 
     available for the same purposes and period, and subject to 
     the same limitations, if any, as the sums with which the 
     amount was merged.
       ``(3) Limitations.--
       ``(A) Student loan payment amount.--Student loan repayments 
     made by the Secretary under this section shall be made 
     subject to such terms, limitations, or conditions as may be 
     mutually agreed upon by the borrower and the Secretary in an 
     agreement under paragraph (1), except that the amount paid by 
     the Secretary under this section shall not exceed--
       ``(i) $6,000 for any borrower in any calendar year; or
       ``(ii) an aggregate total of $40,000 in the case of any 
     borrower.
       ``(B) Beginning of payments.--Nothing in this section shall 
     authorize the Secretary to pay any amount to reimburse a 
     borrower for any repayments made by such borrower prior to 
     the date on which the Secretary entered into an agreement 
     with the borrower under this subsection.
       ``(e) Additional Agreements.--
       ``(1) In general.--On completion of the required period of 
     service under an agreement under subsection (d), the borrower 
     and the Secretary may, subject to paragraph (2), enter into 
     an additional agreement in accordance with subsection (d).
       ``(2) Term.--An agreement entered into under paragraph (1) 
     may require the borrower to remain employed as a civil legal 
     assistance attorney for less than 3 years.
       ``(f) Award Basis; Priority.--
       ``(1) Award basis.--Subject to paragraph (2), the Secretary 
     shall provide repayment benefits under this section on a 
     first-come, first-served basis, and subject to the 
     availability of appropriations.
       ``(2) Priority.--The Secretary shall give priority in 
     providing repayment benefits under this section in any fiscal 
     year to a borrower who--
       ``(A) has practiced law for 5 years or less and, for at 
     least 90 percent of the time in such practice, has served as 
     a civil legal assistance attorney;
       ``(B) received repayment benefits under this section during 
     the preceding fiscal year; and
       ``(C) has completed less than 3 years of the first required 
     period of service specified for the borrower in an agreement 
     entered into under subsection (d).
       ``(g) Regulations.--The Secretary is authorized to issue 
     such regulations as may be necessary to carry out the 
     provisions of this section.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to carry out this section 
     $10,000,000 for fiscal year 2008 and such sums as may be 
     necessary for each succeeding fiscal year.''.
                                 ______
                                 
  SA 2350. Mrs. DOLE (for herself and Mr. McConnell) submitted an 
amendment intended to be proposed to amendment SA 2327 proposed by Mr. 
Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant 
to section 601 of the concurrent resolution on the budget for fiscal 
year 2008; as follows:

       At the appropriate place, insert the following:

     SEC. __. IDENTIFICATION REQUIREMENT.

       (a) New Requirement for Individuals Voting in Person.--
       (1) In general.--Title III of the Help America Vote Act of 
     2002 (42 U.S.C. 15481 et seq.) is amended--
       (A) by redesignating sections 304 and 305 as sections 305 
     and 306, respectively; and
       (B) by inserting after section 303 the following new 
     section:

     ``SEC. 304. IDENTIFICATION OF VOTERS AT THE POLLS.

       ``(a) In General.--Notwithstanding the requirements of 
     section 303(b), each State shall require individuals casting 
     ballots in an election for Federal office in person to 
     present a current valid photo identification issued by a 
     governmental entity before voting.
       ``(b) Effective Date.--Each State shall be required to 
     comply with the requirements of subsection (a) on and after 
     January 1, 2008.''.
       (2) Conforming amendments.--
       (A) Section 401 of the Help America Vote Act of 2002 (42 
     U.S.C. 15511) is amended by striking ``and 303'' and 
     inserting ``303, and 304''.
       (B) The table of contents of the Help America Vote Act of 
     2002 is amended--
       (i) by redesignating the items relating to sections 304 and 
     305 as relating to items 305 and 306, respectively; and
       (ii) by inserting after the item relating to section 303 
     the following new item:

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

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

                     ``PART 7--PHOTO IDENTIFICATION

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

       ``(a) In General.--In addition to any other payments made 
     under this subtitle, the Commission shall make payments to 
     States to promote the issuance to registered voters of free 
     photo identifications for purposes of meeting the 
     identification requirements under section 304.
       ``(b) Eligibility.--A State is eligible to receive a grant 
     under this part if it submits to the Commission (at such time 
     and in such form as the Commission may require) an 
     application containing--
       ``(1) a statement that the State intends to comply with the 
     requirements under section 304; and
       ``(2) a description of how the State intends to use the 
     payment under this part to provide registered voters with 
     free photo identifications which meet the requirements under 
     such section.
       ``(c) Use of Funds.--A State receiving a payment under this 
     part shall use the payment only to provide free photo 
     identification cards to registered voters who do not have an 
     identification card that meets the requirements under section 
     304.
       ``(d) Allocation of Funds.--
       ``(1) In general.--The amount of the grant made to a State 
     under this part for a year shall be equal to the product of--
       ``(A) the total amount appropriated for payments under this 
     part for the year under section 298; and
       ``(B) an amount equal to--
       ``(i) the voting age population of the State (as reported 
     in the most recent decennial census); divided by
       ``(ii) the total voting age population of all eligible 
     States which submit an application for payments under this 
     part (as reported in the most recent decennial census).

     ``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.

       ``(a) In General.--In addition to any other amounts 
     authorized to be appropriated under this subtitle, there are 
     authorized to be appropriated such sums as may be necessary 
     for the purpose of making payments under section 297.
       ``(b) Availability.--Any amounts appropriated pursuant to 
     the authority of this section shall remain available until 
     expended.''.
       (2) Conforming amendment.--The table of contents of the 
     Help America Vote Act of 2002 is amended by inserting after 
     the item relating to section 296 the following:

                     ``PART 7--Photo Identification

``Sec. 297. Payments for free photo identification.
``Sec. 298. Authorization of appropriations.''.
                                 ______
                                 
  SA 2351. Mr. McCONNELL proposed an amendment to amendment SA 2327 
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for 
reconciliation pursuant to section 601 of the concurrent resolution on 
the budget for fiscal year 2008; as follows:

       At the appropriate place, insert the following:

     SEC. __. SENSE OF SENATE ON THE DETAINEES AT GUANTANAMO BAY, 
                   CUBA.

       (a) Findings.--The Senate makes the following findings:
       (1) During the War on Terror, senior members of al Qaeda 
     have been captured by the United States military and 
     intelligence personnel and their allies.
       (2) Many such senior members of al Qaeda have since been 
     transferred to the detention facility at Guantanamo Bay, 
     Cuba.
       (3) These senior al Qaeda members detained at Guantanamo 
     Bay include Khalid Sheikh Mohammed, who was the mastermind 
     behind the terrorist attacks of September 11, 2001, which 
     killed approximately 3,000 innocent people.
       (4) These senior al Qaeda members detained at Guantanamo 
     Bay also include Majid Khan, who was tasked to develop plans 
     to poison water reservoirs inside the United States, was 
     responsible for conducting a study on the feasibility of a 
     potential gas station bombing campaign inside the United 
     States, and was integral in recommending Iyman Farris, who 
     plotted to destroy the Brooklyn Bridge, to be an operative 
     for al Qaeda inside the United States.
       (5) These senior al Qaeda members detained at Guantanamo 
     Bay also include Abd al-Rahim al-Nashiri, who was an al Qaeda 
     operations chief for the Arabian Peninsula and who, at the 
     request of Osama bin Laden, orchestrated the attack on the 
     U.S.S. Cole, which killed 17 United States sailors.

[[Page S9639]]

       (6) These senior al Qaeda members detained at Guantanamo 
     Bay also include Ahmed Khalfan Ghailani, who played a major 
     role in the East African Embassy Bombings, which killed more 
     than 250 people.
       (7) The Department of Defense has estimated that of the 
     approximately 415 detainees who have been released or 
     transferred from the detention facility at Guantanamo Bay, at 
     least 29 have subsequently taken up arms against the United 
     States and its allies.
       (8) Osama bin Laden, the leader of al Qaeda, said in his 
     1998 fatwa against the United States, that ``[t]he ruling to 
     kill the Americans and their allies--civilians and military--
     is an individual duty for every Muslim who can do it in any 
     country in which it is possible to do it''.
       (9) In the same fatwa, bin Laden said, ``[w]e--with God's 
     help--call on every Muslim who believes in God and wishes to 
     be rewarded to comply with God's order to kill the Americans 
     and plunder their money wherever and whenever they find it''.
       (10) It is safer for American citizens if captured members 
     of al Qaeda and other terrorist organizations are not housed 
     on American soil where they could more easily carry out their 
     mission to kill innocent civilians.
       (b) Sense of Senate.--It is the sense of the Senate that 
     detainees housed at Guantanamo Bay, Cuba, including senior 
     members of al Qaeda, should not be released into American 
     society, nor should they be transferred stateside into 
     facilities in American communities and neighborhoods.
                                 ______
                                 
  SA 2352. Mr. DeMINT proposed an amendment to amendment SA 2327 
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for 
reconciliation pursuant to section 601 of the concurrent resolution on 
the budget for fiscal year 2008; as follows:

       At the appropriate place, insert the following:

                   TITLE __--SECRET BALLOT PROTECTION

     SEC. _01. SHORT TITLE.

       This title may be cited as the ``Secret Ballot Protection 
     Act of 2007''.

     SEC. _02. FINDINGS.

       Congress makes the following findings:
       (1) The right of employees under the National Labor 
     Relations Act (29 U.S.C. 151 et seq.) to choose whether to be 
     represented by a labor organization by way of secret ballot 
     election conducted by the National Labor Relations Board is 
     among the most important protections afforded under Federal 
     labor law.
       (2) The right of employees to choose by secret ballot is 
     the only method that ensures a choice free of coercion, 
     intimidation, irregularity, or illegality.
       (3) The recognition of a labor organization by using a 
     private agreement, rather than a secret ballot election 
     overseen by the National Labor Relations Board, threatens the 
     freedom of employees to choose whether to be represented by a 
     labor organization, and severely limits the ability of the 
     National Labor Relations Board to ensure the protection of 
     workers.

     SEC. _03. NATIONAL LABOR RELATIONS ACT.

       (a) Recognition of Representative.--
       (1) In general.--Section 8(a)(2) of the National Labor 
     Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting 
     before the colon the following: ``or to recognize or bargain 
     collectively with a labor organization that has not been 
     selected by a majority of such employees in a secret ballot 
     election conducted by the National Labor Relations Board in 
     accordance with section 9''.
       (2) Application.--The amendment made by paragraph (1) shall 
     not apply to collective bargaining relationships in which a 
     labor organization with majority support was lawfully 
     recognized prior to the date of enactment of this Act.
       (b) Election Required.--
       (1) In general.--Section 8(b) of the National Labor 
     Relations Act (29 U.S.C. 158(b)) is amended--
       (A) in paragraph (6), by striking ``and'' at the end;
       (B) in paragraph (7), by striking the period at the end and 
     inserting ``; and''; and
       (C) by adding at the end the following:
       ``(8) to cause or attempt to cause an employer to recognize 
     or bargain collectively with a representative of a labor 
     organization that has not been selected by a majority of such 
     employees in a secret ballot election conducted by the 
     National Labor Relations Board in accordance with section 
     9.''.
       (2) Application.--The amendment made by paragraph (1) shall 
     not apply to collective bargaining relationships that were 
     recognized prior to the date of enactment of this Act.
       (c) Secret Ballot Election.--Section 9(a) of the National 
     Labor Relations Act (29 U.S.C. 159(a)), is amended--
       (1) by striking ``Representatives'' and inserting ``(1) 
     Representatives'';
       (2) by inserting after ``designated or selected'' the 
     following: ``by a secret ballot election conducted by the 
     National Labor Relations Board in accordance with this 
     section''; and
       (3) by adding at the end the following:
       ``(2) The secret ballot election requirement under 
     paragraph (1) shall not apply to collective bargaining 
     relationships that were recognized before the date of the 
     enactment of the Secret Ballot Protection Act of 2007.''.

     SEC. _04. REGULATIONS AND AUTHORITY.

       (a) Regulations.--Not later than 6 months after the date of 
     the enactment of this Act, the National Labor Relations Board 
     shall review and revise all regulations promulgated prior to 
     such date of enactment to implement the amendments made by 
     this title.
       (b) Authority.--Nothing in this title (or the amendments 
     made by this title) shall be construed to limit or otherwise 
     diminish the remedial authority of the National Labor 
     Relations Board.
                                 ______
                                 
  SA 2353. Mr. KYL submitted an amendment intended to be proposed to 
amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to 
provide for reconciliation pursuant to section 601 of the concurrent 
resolution on the budget for fiscal year 2008; as follows:

       At the appropriate place, insert the following:

     SEC. _. REPEAL OF INDIVIDUAL ALTERNATIVE MINIMUM TAX.

       (a) In General.--Section 55(a) of the Internal Revenue Code 
     of 1986 (relating to alternative minimum tax imposed) is 
     amended by adding at the end the following new flush 
     sentence:
       ``For purposes of this title, the tentative minimum tax on 
     any taxpayer other than a corporation for any taxable year 
     beginning after December 31, 2007, shall be zero.''.
       (b) Modification of Limitation on Use of Credit for Prior 
     Year Minimum Tax Liability.--Subsection (c) of section 53 of 
     the Internal Revenue Code of 1986 (relating to credit for 
     prior year minimum tax liability) is amended to read as 
     follows:
       ``(c) Limitation.--
       ``(1) In general.--Except as provided in paragraph (2), the 
     credit allowable under subsection (a) for any taxable year 
     shall not exceed the excess (if any) of--
       ``(A) the regular tax liability of the taxpayer for such 
     taxable year reduced by the sum of the credits allowable 
     under subparts A, B, D, E, and F of this part, over
       ``(B) the tentative minimum tax for the taxable year.
       ``(2) Taxable years beginning after 2007.--In the case of 
     any taxable year beginning after 2007, the credit allowable 
     under subsection (a) to a taxpayer other than a corporation 
     for any taxable year shall not exceed 90 percent of the 
     regular tax liability of the taxpayer for such taxable year 
     reduced by the sum of the credits allowable under subparts A, 
     B, D, E, and F of this part.''.
       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.
                                 ______
                                 
  SA 2354. Mrs. HUTCHISON submitted an amendment intended to be 
proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 
2669, to provide for reconciliation pursuant to section 601 of the 
concurrent resolution on the budget for fiscal year 2008; which was 
ordered to lie on the table; as follows:

       At the end of title VIII of the Higher Education Access Act 
     of 2007, add the following:

     SEC. 802. REPEAL OF SUNSET ON MARRIAGE PENALTY RELIEF.

       Title IX of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 (26 U.S.C. 1 note) (relating to 
     sunset of provisions of such Act) shall not apply to sections 
     301, 302, and 303 (relating to marriage penalty relief) of 
     such Act (26 U.S.C. 1 note, 32) .
                                 ______
                                 
  SA 2355. Mr. ENSIGN proposed an amendment to amendment SA 2327 
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for 
reconciliation pursuant to section 601 of the concurrent resolution on 
the budget for fiscal year 2008; as follows:

       At the appropriate place, insert the following:

     SEC. __. 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:
       ``(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 Higher Education Access 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 Higher Education

[[Page S9640]]

     Access 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:
       ``(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 Higher 
     Education Access Act of 2007, there shall not be counted any 
     wages or self-employment income for which no quarter of 
     coverage may be credited to such individual as a result of 
     the application of section 214(d).''.
                                 ______
                                 
  SA 2356. Mr. SALAZAR proposed an amendment to amendment SA 2327 
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for 
reconciliation pursuant to section 601 of the concurrent resolution on 
the budget for fiscal year 2008; as follows:

       At the appropriate place insert the following:
       Since I. Lewis ``Scooter'' Libby previously served as Chief 
     of Staff to Vice President Dick Cheney;
       Since Mr. Libby was convicted in Federal court of perjury 
     and obstruction of justice in connection with efforts by the 
     Bush White House to conceal the fact that Administration 
     officials leaked the name of a covert CIA agent in order to 
     discredit her husband, a critic of the Iraq War;
       Since U.S. District Court Judge Reggie Walton sentenced Mr. 
     Libby to 30 months in prison to reflect the seriousness of 
     the offense, the sensitivity of the national security 
     information involved in Libby's crime, and the abuse of Mr. 
     Libby's position of trust in the United States government;
       Since President Bush chose to commute Mr. Libby's prison 
     sentence in its entirety, thereby entitling Libby to evade 
     serious punishment for his criminal conduct;
       Since President Bush has refused to rule out the 
     possibility that he will eventually issue a full pardon to 
     Mr. Libby with respect to his criminal conviction;
       Now therefore be it determined, that it is the Sense of the 
     Senate that President Bush should not issue a pardon to I. 
     Lewis ``Scooter'' Libby.
                                 ______
                                 
  SA 2357. Mr. McCONNELL proposed an amendment to amendment SA 2327 
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for 
reconciliation pursuant to section 601 of the concurrent resolution on 
the budget for fiscal year 2008; as follows:

       Deploring the actions of former President William Jefferson 
     Clinton regarding his granting of clemency to terrorists, to 
     family members, donors, and individuals represented by family 
     members, to public officials of his own political party, and 
     to officials who violated laws protecting United States 
     intelligence, and concluding that such actions by former 
     President Clinton were inappropriate.
       Since the Armed Forces of National Liberation (the FALN) is 
     a terrorist organization that claims responsibility for the 
     bombings of approximately 130 civilian, political, and 
     military sites throughout the United States, and whereas, on 
     August 11, 1999, President Clinton commuted the sentences of 
     16 terrorists, all of whom were members of the FALN, and 
     whereas this action was taken counter to the recommendation 
     of the Federal Bureau of Investigation, the Federal Bureau of 
     Prisons, and two United States Attorneys;
       Since, on January 20, 2001, former President Clinton 
     commuted the sentence of Susan L. Rosenberg, a former member 
     of the Weather Underground Organization terrorist group whose 
     mission included the violent overthrow of the United States 
     Government, who was charged in a robbery that left a security 
     guard and 2 police officers dead;
       Since, on January 20, 2001, former President Clinton 
     commuted the sentence of Linda Sue Evans, a former member of 
     the Weather Underground Organization terrorist group, who 
     made false statements and used false identification to 
     illegally purchase firearms that were then used by Susan L. 
     Rosenberg in a robbery that left a security guard and 2 
     police officers dead;
       Since, on January 20, 2001, former President Clinton 
     pardoned Patricia Hearst Shaw, a former member of the 
     Symbionese Liberation Army, a domestic terrorist group which 
     also advocated the violent overthrow of the United States, 
     and that carried out violent attacks in the United States;
       Since, on January 20, 2001, former President Clinton 
     pardoned his half-brother Roger Clinton, who had been 
     convicted of conspiracy to distribute cocaine and of 
     distribution of cocaine;
       Since, on March 15, 2000, former President Clinton pardoned 
     Edgar and Vonna Jo Gregory, who had been convicted of 
     conspiracy to willfully misapply bank funds and to make false 
     statements and who, according to news reports, were 
     represented by the former President's brother-in-law, Tony 
     Rodham;
       Since, on January 20, 2001, former President Clinton 
     commuted the sentence of Carlos Vignali, a convicted cocaine 
     trafficker who, according to news reports, was represented by 
     the former President's brother-in-law, Hugh Rodham;
       Since, on January 20, 2001, former President Clinton 
     pardoned Almon Glenn Braswell, an individual convicted of 
     money laundering and tax evasion, who according to news 
     reports, was represented by former President's brother-in-
     law, Hugh Rodham;
       Since, on December 22, 2000, former President Clinton 
     pardoned former Democratic Representative Dan Rostenkowski, 
     who had been convicted of mail fraud;
       Since, on January 20, 2001, former President Clinton 
     commuted the sentence of convicted sex offender and former 
     Democratic Representative Mel Reynolds, who had been found 
     guilty of bank fraud, wire fraud, making false statements to 
     a financial institution, conspiracy to defraud the Federal 
     Elections Commission, and making false statements to a 
     Federal official;
       Since, on January 20, 2001, former President Clinton 
     pardoned his former Secretary of Housing and Urban 
     Development Henry Cisneros, who had been convicted of making 
     false statements about payments to his mistress;
       Since, on January 20, 2001, former President Clinton 
     pardoned Susan McDougal, who had been a key figure in the 
     Whitewater investigation and who had been convicted of aiding 
     and abetting, in making false statements, and who refused to 
     testify against the former President in the investigation;
       Since, on January 20, 2001, former President Clinton 
     pardoned Christopher Wade, who was a real estate salesmen 
     involved in the Whitewater matter;
       Since, on January 20, 2001, former President Clinton 
     pardoned his former Director of Central Intelligence John 
     Deutch for his mishandling of national security secrets; and
       Since, on January 20, 2001, former President Clinton 
     pardoned Samuel Loring Morison, a former Navy intelligence 
     analyst who was convicted on espionage charges: Now, 
     therefore, be it determined that it is the sense of the 
     Senate that
       (1) former President Clinton's granting of clemency to 16 
     FALN terrorists, two former members of the Weather 
     Underground Organization, and a former member of the 
     Symbionese Liberation Army was inappropriate;
       (2) former President Clinton's granting of clemency to 
     individuals either in his family or represented by family 
     members was inappropriate;
       (3) former President Clinton's granting of clemency to 
     public figures from his own political party was 
     inappropriate;
       (4) former President Clinton's pardons of individuals 
     involved with the Whitewater investigation, a matter in which 
     the former First Family was centrally involved, was 
     inappropriate; and
       (5) former President Clinton's pardons of individuals who 
     have jeopardized intelligence gathering and operations was 
     inappropriate.
                                 ______
                                 
  SA 2358. Ms. STABENOW proposed an amendment to amendment SA 2355 
proposed by Mr. Ensign to the amendment SA 2327 proposed by Mr. Kennedy 
to the bill H.R. 2669, to provide for reconciliation pursuant to 
section 601 of the concurrent resolution on the budget for fiscal year 
2008; as follows:

       Strike all after line 1, page 1 and insert the following:

     SEC. ___. PROHIBITION ON ILLEGAL ALIENS QUALIFYING FOR SOCIAL 
                   SECURITY BENEFITS AND PRECLUSION OF SOCIAL 
                   SECURITY CREDITS PRIOR TO ENUMERATION OR FOR 
                   ANY PERIOD WITHOUT WORK AUTHORIZATION.

       (a) Prohibition on Illegal Aliens Qualifying for Social 
     Security Benefits.--
       (1) In general.--Nothing in this Act, or the amendments 
     made by this Act, shall be construed to modify any provision 
     of current law that prohibits illegal aliens from qualifying 
     for Social Security benefits.
       (2) Enforcement.--The Attorney General shall ensure that 
     the prohibition on the receipt of Social Security by illegal 
     aliens is strictly enforced.
       (b) Preclusion of Social Security Credits Prior to 
     Enumeration or for Any Period Without Work Authorization.--
       (1) 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 this Act, 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 United States citizen if 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 not authorized to be employed in the 
     United States during such quarter.

[[Page S9641]]

       ``(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 this Act 
     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 cover 
     under subsection, (d), however, this provision shall not be 
     construed to establish an effective date for purposes of this 
     section.''.
       (2) Benefit computation.--Section 215(e) of such Act (42 
     U.S.C. 4159e)) is amended --
       (A) by striking ``and'' at the end of paragraph (1);
       (B) by striking the period at the end of paragraph (2) and 
     inserting ``and''; and
       (C) 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 this Act, 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).''.
       (3) Effective date.--The amendments made by this subsection 
     shall be effective as of the date of enactment of this Act.
                                 ______
                                 
  SA 2359. Mr. COLEMAN proposed an amendment to amendment SA 2327 
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for 
reconciliation pursuant to section 601 of the concurrent resolution on 
the budget for fiscal year 2008; as follows:

       At the end, add the following:

     SEC. ___. INNOCENT CHILD PROTECTION.

       (a) In General.--It shall be unlawful for any authority, 
     military or civil, of the United States, a State, or any 
     district, possession, commonwealth or other territory under 
     the authority of the United States, to carry out a sentence 
     of death on a woman while she carries a child in utero.
       (b) Definition.--In this section, the term ``child in 
     utero'' means a member of the species homo sapiens, at any 
     stage of development, who is carried in the womb.
                                 ______
                                 
  SA 2360. Mr. GRAHAM proposed an amendment to amendment SA 2327 
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for 
reconciliation pursuant to section 601 of the concurrent resolution on 
the budget for fiscal year 2008; as follows:

       Strike section 701 of the Higher Education Access Act of 
     2007, relating to student eligibility.
                                 ______
                                 
  SA 2361. Mr. SCHUMER proposed an amendment to amendment SA 2341 
submitted by Mr. Sununu to the amendment SA 2327 proposed by Mr. 
Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant 
to section 601 of the concurrent resolution on the budget for fiscal 
year 2008; as follows:

       In the amendment strike all after the first word and insert 
     the following:
       It is the sense of the Senate that Congress should provide 
     tax relief to help families afford the cost of higher 
     education, including making tuition deductible against taxes, 
     and eliminate wasteful spending, such as spending on 
     unnecessary tax loopholes, in order to fully offset the cost 
     and avoid forcing taxpayers to pay substantially more 
     interest to foreign creditors; and that such relief should be 
     provided on an appropriate legislative vehicle that won't 
     jeopardize legislation providing greater access and 
     affordability to higher education for millions of students by 
     subjecting the bill to a ``blue slip'' by the House.
                                 ______
                                 
  SA 2362. Mr. DeMINT proposed an amendment to amendment SA 2327 
proposed by Mr. Kennedy to the bill H.R. 2669, to provide for 
reconciliation pursuant to section 601 of the concurrent resolution on 
the budget for fiscal year 2008; as follows:

       At the appropriate place, insert the following:

     SEC. ___. REPEAL OF APPLICABILITY OF SUNSET OF THE ECONOMIC 
                   GROWTH AND TAX RELIEF RECONCILIATION ACT OF 
                   2001 WITH RESPECT TO ADOPTION CREDIT AND 
                   ADOPTION ASSISTANCE PROGRAMS.

       Section 901 of the Economic Growth and Tax Relief 
     Reconciliation Act of 2001 is amended by adding at the end 
     the following new subsection:
       ``(c) Exception.--Subsection (a) shall not apply to the 
     amendments made by section 202 (relating to expansion of 
     adoption credit and adoption assistance programs).''.
                                 ______
                                 
  SA 2363. Ms. LANDRIEU proposed an amendment to amendment SA 2362 
proposed by Mr. DeMint to the amendment SA 2327 proposed by Mr. Kennedy 
to the bill H.R. 2669, to provide for reconciliation pursuant to 
section 601 of the concurrent resolution on the budget for fiscal year 
2008; as follows:

       Strike all after the first word and insert:
       It is the sense of the Senate that Congress should 
     permanently extend the adoption tax credit and eliminate 
     wasteful spending, such as spending on unnecessary tax 
     loopholes, in order to fully offset the cost and avoid 
     forcing taxpayers to pay substantially more interest to 
     foreign creditors; and that such relief should be provided on 
     an appropriate legislative vehicle that won't jeopardize 
     legislation providing greater access and affordability to 
     higher education for millions of students by subjecting the 
     bill to a ``blue slip'' by the House.
                                 ______
                                 
  SA 2364. Mr. KERRY proposed an amendment to amendment SA 2353 
submitted by Mr. Kyl to the amendment SA 2327 proposed by Mr. Kennedy 
to the bill H.R. 2669, to provide for reconciliation pursuant to 
section 601 of the concurrent resolution on the budget for fiscal year 
2008; as follows:

       Strike all after the first word and insert:
       It is the sense of the Senate that Congress should provide 
     relief from the Alternative Minimum Tax to prevent the 
     expansion of the AMT to nearly 23 million taxpayers in 2007 
     and eliminate wasteful spending, such as spending on 
     unnecessary tax loopholes, in order to fully offset the cost 
     of such repeal and avoid forcing taxpayers to pay 
     substantially more interest to foreign creditors; and that 
     such relief should be provided on an appropriate legislative 
     vehicle that won't jeopardize legislation providing greater 
     access and affordability to higher education for millions of 
     students by subjecting the bill to a ``blue slip'' by the 
     House.

                          ____________________