[Congressional Record (Bound Edition), Volume 152 (2006), Part 4]
[Senate]
[Pages 4684-4685]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 3214. Mr. SANTORUM (for himself and Ms. Mikulski) submitted an 
amendment intended to be proposed by him to the bill S. 2454, to amend 
the Immigration and Nationality Act to provide for comprehensive reform 
and for other purposes; which was ordered to lie on the table; as 
follows:

       At the appropriate place, insert the following:

     SEC. __. DESIGNATION OF POLAND AS A VISA WAIVER COUNTRY.

       (a) Findings.--Congress makes the following findings:
       (1) Since the founding of the United States, Poland has 
     proven its steadfast dedication to the causes of freedom and 
     friendship with the United States, exemplified by the brave 
     actions of Polish patriots such as Casimir Pulaski and 
     Tadeusz Kosciuszko during the American Revolution.
       (2) Polish history provides pioneering examples of 
     constitutional democracy and religious tolerance.
       (3) The United States is home to nearly 9,000,000 people of 
     Polish ancestry.
       (4) Polish immigrants have contributed greatly to the 
     success of industry and agriculture in the United States.
       (5) Since the demise of communism, Poland has become a 
     stable, democratic nation.
       (6) Poland has adopted economic policies that promote free 
     markets and rapid economic growth.
       (7) On March 12, 1999, Poland demonstrated its commitment 
     to global security by becoming a member of the North Atlantic 
     Treaty Organization.
       (8) On May 1, 2004, Poland became a member state of the 
     European Union.
       (9) Poland was a staunch ally to the United States during 
     Operation Iraqi Freedom.
       (10) Poland has committed 2,300 soldiers to help with 
     ongoing peacekeeping efforts in Iraq.
       (11) The Secretary of State and the Secretary administer 
     the visa waiver program, which allows citizens from 27 
     countries, including France and Germany, to visit the United 
     States as tourists without visas.
       (12) On April 15, 1991, Poland unilaterally repealed the 
     visa requirement for United States citizens traveling to 
     Poland for 90 days or less.
       (13) More than 100,000 Polish citizens visit the United 
     States each year.
       (b) Visa Waiver Program.--Effective on the date of the 
     enactment of this Act, and notwithstanding section 217(c) of 
     the Immigration and Nationality Act (8 U.S.C. 1187(c)), 
     Poland shall be deemed a designated program country for 
     purposes of the visa waiver program established under section 
     217 of such Act.
                                 ______
                                 
  SA 3215. Mr. ISAKSON proposed an amendment to amendment SA 3192 
submitted by Mr. Specter (for himself, Mr. Leahy, and Mr. Hagel) to the 
bill S. 2454, to amend the Immigration and Nationality Act to provide 
for comprehensive reform and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. BORDER SECURITY CERTIFICATION.

       Notwithstanding any other provision of law, beginning on 
     the date of the enactment of this Act, the Secretary may not 
     implement a new conditional nonimmigrant work authorization 
     program that grants legal status to any individual who 
     illegally enters or entered the United States, or any similar 
     or subsequent employment program that grants legal status to 
     any individual who illegally enters or entered the United 
     States until the Secretary provides written certification to 
     the President and the Congress that the borders of the United 
     States are reasonably sealed and secured.
                                 ______
                                 
  SA 3216. Mr. ALLARD submitted an amendment intended to be proposed to 
amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, and 
Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 57, line 15, strike ``(f)'' and insert the 
     following:
       (f) Terrorist Activities.--Section 212(a)(3)(B)(i) (8 
     U.S.C. 1182(a)(3)(B)(i)) is amended--
       (1) in subclause (III), by striking ``, under circumstances 
     indicating an intention to cause death or serious bodily 
     harm, incited'' and inserting ``incited or advocated''; and
       (2) in subclause (VII), by striking ``or espouses terrorist 
     activity or persuades others to endorse or espouse'' and 
     inserting ``espouses, or advocates terrorist activity or 
     persuades others to endorse, espouse, or advocate''.
                                 ______
                                 
  SA 3217. Ms. MIKULSKI (for herself and Mr. Warner) submitted an 
amendment intended to be proposed to amendment SA 3192 submitted by Mr. 
Specter (for himself, Mr. Leahy, and Mr. Hagel) to the bill S. 2454, to 
amend the Immigration and Nationality Act to provide for comprehensive 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 174, between lines 15 and 16, insert the following:

     SEC. 2__. EXTENSION OF RETURNING WORKER EXEMPTION.

       Section 402(b)(1) of the Save Our Small and Seasonal 
     Businesses Act of 2005 (title IV of division B of Public Law 
     109-13; 8 U.S.C. 1184 note) is amended by striking ``2006'' 
     and inserting ``2009''.
                                 ______
                                 
  SA 3218. Mr. KENNEDY submitted an amendment intended to be proposed 
to amendment SA 3192 submitted by Mr. Specter (for himself, Mr. Leahy, 
and Mr. Hagel) to the bill S. 2454, to amend the Immigration and 
Nationality Act to provide for comprehensive reform and for other 
purposes; which was ordered to lie on the table; as follows:

       On page 329, line 11, insert ``(other than subparagraph 
     (C)(i)(II) of such paragraph (9))'' after ``212(a)''.
       On page 330, strike lines 8 through 15, and insert the 
     following: this paragraph to waive the provisions of section 
     212(a).
       ``(3) Ineligibility.--An alien is ineligible for 
     conditional nonimmigrant work authorization and status under 
     this section if--
       ``(A) the Secretary of Homeland Security determines that--
       ``(i) the alien, having been convicted by a final judgment 
     of a serious crime, constitutes a danger to the community of 
     the United States;
       ``(ii) there are reasonable grounds for believing that the 
     alien has committed a serious crime outside the United States 
     prior to the arrival of the alien in the United States; or
       ``(iii) there are reasonable grounds for regarding the 
     alien as a danger to the security of the United States;
       ``(B) the alien has been convicted of any felony or three 
     or more misdemeanors; or
                                 ______
                                 
  SA 3219. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2454, to amend the Immigration and Nationality 
Act to provide for comprehensive reform and for other purposes; which 
was ordered to lie on the table; as follows:

       At the end of title III, insert the following:

     SEC. 305. EMPLOYEE IDENTITY THEFT PREVENTION AND PRIVACY 
                   PROTECTION.

       (a) Findings.--
       (1) According to the Federal Trade Commission, more than 
     8,400,000 Americans were victims of identity theft in 2004, 
     and according to published reports approximately 55,000,000 
     Americans' most sensitive, personally identifiable 
     information was accidentally made public through a data 
     breach during 2005.
       (2) Approximately 54,000,000 times each year, someone in 
     America begins a new job and full implementation of the 
     System will require transfer of data to verify the identity 
     and authorization of each potential new employee.
       (3) The data transferred through the System or stored in 
     the databases utilized to verify identity and authorization 
     will contain each employee's most sensitive, personally 
     identifiable information.

[[Page 4685]]

       (4) The information transferred and stored will be of 
     uniquely high value to any potential identity thief, nonwork 
     authorized undocumented alien, alien smuggler, or terrorist 
     seeking to establish work authorization under another's name.
       (5) The System should not be implemented or expanded unless 
     it sufficiently protects against identity theft and 
     safeguards employees' personal privacy.
       (b) Privacy Protections in the Electronic Employment 
     Verification System.--Section 274A (8 U.S.C. 1324a), as 
     amended by section 301(a), is further amended by adding at 
     the end of subsection (d)(2) the following new subparagraphs:
       ``(H) Limitation on data elements collected for 
     verification process.--Employers utilizing the System shall 
     obtain only the following data elements from any employee:
       ``(i) The employee's full legal name.
       ``(ii) The employee's date of birth.
       ``(iii) The employee's social security account number or 
     other employment authorization status identification number.
       ``(I) Limitation on data elements stored.--The System and 
     any databases created by the Commissioner of Social Security 
     or the Secretary to achieve confirmation, tentative 
     nonconfirmation, or final nonconfirmation of employment 
     eligibility for an individual shall store only the minimum 
     data about each individual for whom an inquiry was made to 
     facilitate the successful operation of the System, but in no 
     case shall the data stored be other than--
       ``(i) the individual's full legal name;
       ``(ii) the individual's date of birth;
       ``(iii) the individual's social security account number or 
     other employment authorization status identification number;
       ``(iv) the address of the employer making the inquiry;
       ``(v) the dates of any prior inquiries concerning the 
     identity and eligibility of the employee by the employer or 
     any other employers and the address of any such employer;
       ``(vi) records of any prior confirmations, tentative 
     nonconfirmations, or final nonconfirmations issued under the 
     System for the individual; and
       ``(vii) in the case of an employee successfully challenging 
     a prior tentative nonconfirmation, explanatory information 
     concerning the successful resolution of any erroneous data or 
     confusion regarding the identity of the employee, including 
     the source of that error.
       ``(J) Limitation of system use or information transfer.--
     Only individuals employed by the Commissioner of Social 
     Security or the Secretary to implement and operate the System 
     shall be permitted access to the System and any information 
     in the databases queried to determine identity and employment 
     authorization. It shall be unlawful for any other person to 
     access the System or such databases or obtain information 
     from the System or database. Information stored in the 
     Systems or such databases may not be transferred to or shared 
     with any Federal, State, or local government officials for 
     any purpose other than preventing unauthorized workers from 
     obtaining employment.
       ``(K) Protection against unlawful interception and data 
     breaches.--The Commissioner of Social Security and the 
     Secretary shall protect against unauthorized disclosure of 
     the information transferred between employers, the 
     Commissioner, and the Secretary and between the Commissioner 
     and the Secretary by requiring that all information 
     transmitted be encrypted.
       ``(L) Robust computer system and software security.--The 
     Commissioner of Social Security and the Secretary shall 
     employ robust, state-of-the-art computer system and software 
     security to prevent hacking of the System or the databases 
     employed.
       ``(M) System security testing.--
       ``(i) Requirement for testing.--The Commissioner of Social 
     Security and the Secretary shall require periodic stress 
     testing of the System to determine if the System contains any 
     vulnerabilities to data loss or theft or improper use of 
     data. Such testing shall occur not less often than prior to 
     each phase-in expansion of the System.
       ``(ii) Requirement to repair vulnera-
     bilities.--Any computer vulnerabilities identified under 
     clause (i) or through any other process shall be resolved 
     prior to initial implementation or any subsequent expansion 
     of the System.
       ``(iii) Requirement to update.--The Secretary shall 
     regularly update the System to ensure that the data 
     protections in the System remains consistent with the state-
     of-the-art for databases of similarly sensitive personally 
     identifiable information.
       ``(N) Prohibition of unlawful accessing and obtaining of 
     information.--
       ``(i) Improper access.--It shall be unlawful for any 
     individual, other than the government employees authorized in 
     this subsection, to intentionally and knowingly access the 
     System or the databases utilized to verify identity or 
     employment authorization for the System for any purpose other 
     than verifying identity or employment authorization or 
     modifying the System pursuant to law or regulation. Any 
     individual who unlawfully accesses the System or the 
     databases or shall be fined no less than $1,000 for each 
     individual whose file was compromised or sentenced to less 
     than 6 months imprisonment for each individual whose file was 
     compromised.
       ``(ii) Identity theft.--It shall be unlawful for any 
     individual, other than the government employees authorized in 
     this subsection, to intentionally and knowingly obtain the 
     information concerning an individual stored in the System or 
     the databases utilized to verify identity or employment 
     authorization for the System for any purpose other than 
     verifying identity or employment authorization or modifying 
     the System pursuant to law or regulation. Any individual who 
     unlawfully obtains such information and uses it to commit 
     identity theft for financial gain or to evade security or to 
     assist another in gaining financially or evading security, 
     shall be fined no less than $10,000 for each individual whose 
     information was obtained and misappropriated sentenced to not 
     less than 1 year of imprisonment for each individual whose 
     information was obtained and misappropriated.
       ``(O) Office of employee privacy.--
       ``(i) Establishment.--The Commissioner of Social Security 
     and the Secretary shall establish a joint Office of Employee 
     Privacy that shall be empowered to protect the rights of 
     employees subject to verification under the System.
       ``(ii) Authority to investigate.--The Office of Employee 
     Privacy shall investigate alleged privacy violations 
     concerning failure of the Commissioner or the Secretary to 
     satisfy the requirements of subparagraphs (H) through (Q) of 
     this paragraph and any data breaches that may occur pursuant 
     to the implementation and operation of the System.
       ``(iii) Authority to issue subpoenas.--The head of the 
     Office of Employee Privacy may issue subpoenas for a document 
     or a person to facilitate an investigation.
       ``(iv) Annual report to congress.--The head of the Office 
     of Employee Privacy shall submit to Congress an annual report 
     concerning the operation of the System.
       ``(v) Annual report on incorrect notices.--The head of the 
     Office of Employee Privacy shall, at least annually, study 
     and issue findings concerning the most common causes of the 
     incorrect issuance of nonconfirmation notices under the 
     System. Such report shall include recommendations for 
     preventing such incorrect notices.
       ``(vi) Availability of reports.--The head of the Office of 
     Employee Privacy shall make available to the public any 
     report issued by the Office concerning findings of an 
     investigation conducted by the Office.
       ``(vii) Requirement for hotline.--The head of the Office of 
     Employee Privacy shall establish a fully staffed 24-hour 
     hotline to receive inquiries by employees concerning 
     tentative nonconfirmations and final nonconfirmations and 
     shall identify for employees, at the time of inquiry, the 
     particularity data that resulted in the issuance of a 
     nonconfirmation notice under the System.
       ``(viii) Certification by gao.--The Secretary may not 
     implement the System or any subsequent expansion or phase-in 
     of the System unless the Comptroller General of the United 
     States certifies that the Office of Employee Privacy has 
     hired sufficient employees to answer employee inquiries and 
     respond in real time concerning the particular data that 
     resulted in the issuance of a nonconfirmation notice.
       ``(ix) Training in privacy protection.--The head of the 
     Office of Employee Privacy shall train any employee of the 
     Social Security Administration or the Department of Homeland 
     Security who implements or operates the System concerning the 
     importance of and means of utilizing best practices for 
     protecting employee privacy while utilizing and operating the 
     System.
       ``(P) Audits of data accuracy.--The Commissioner of Social 
     Security and the Secretary shall randomly audit a substantial 
     percentage of both citizens and work-eligible noncitizens 
     files utilized to verify identity and authorization for the 
     System each year to determine accuracy rates and shall 
     require correction of errors in a timely fashion.
       ``(Q) Employee right to review system information and 
     appeal erroneous nonconfirmations.--Any employee who contests 
     a tentative nonconfirmation notice or final nonconfirmation 
     notice may review and challenge the accuracy of the data 
     elements and information in the System that resulted in the 
     issuance of the nonconfirmation notice. Such a challenge may 
     include the ability to submit additional information or 
     appeal any final nonconfirmation notice to the Office of 
     Employee Privacy. The head of the Office of Employee Privacy 
     shall review any such information submitted pursuant to such 
     a challenge and issue a response and decision concerning the 
     appeal within 7 days of the filing of such a challenge.''.

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