[Congressional Record (Bound Edition), Volume 152 (2006), Part 7]
[Senate]
[Pages 8977-8994]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4085. Mr. McCONNELL submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. ___. IDENTIFICATION REQUIREMENTS.

       (a) Requirement for Identification Cards to Include 
     Citizenship Information.--Subsection (b) of section 202 of 
     the REAL ID Act of 2005 (49 U.S.C. 30301 note) is amended by 
     redesignating paragraphs (8) and (9) as paragraphs (9) and 
     (10), respectively, and by inserting after paragraph (7) the 
     following new paragraph:
       ``(8) An indication of whether the person is a United 
     States citizen.''.
       (b) Identification Required for 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 by redesignating 
     sections 304 and 305 as sections 305 and 306, respectively, 
     and 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 before voting a current valid photo identification 
     which is issued by a governmental entity and which meets the 
     requirements of subsection (b) of section 202 of the REAL ID 
     Act of 2005 (49 U.S.C. 30301 note).
       ``(b) Effective Date.--Each State shall be required to 
     comply with the requirements of subsection (a) on and after 
     May 11, 2008.''.
       (2) Conforming amendment.--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''.
       (c) Funding for Free Photo Identifications.--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 Election Assistance Commission shall 
     make payments to States to promote the issuance to registered 
     voters of free photo identifications for purposes of meeting 
     the identification requirements of 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 of 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 of 
     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 of 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 are 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.''.
                                 ______
                                 
  SA 4086. Mr. WARNER (for himself and Mr. Craig) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

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

     SEC. 133. REPORT ON INCENTIVES TO ENCOURAGE CERTAIN MEMBERS 
                   AND FORMER MEMBERS OF THE ARMED FORCES TO SERVE 
                   IN THE BUREAU OF CUSTOMS AND BORDER PROTECTION.

       (a) Report Required.--Not later than 60 days after the date 
     of the enactment of this Act, the Secretary of Homeland 
     Security and the Secretary of Defense shall jointly submit to 
     the appropriate committees of Congress a report assessing the 
     desirability and feasibility of offering incentives to 
     covered members and former members of the Armed Forces for 
     the purpose of encouraging such members to serve in the 
     Bureau of Customs and Border Protection.
       (b) Covered Members and Former Members of the Armed 
     Forces.--For purposes of this section, covered members and 
     former members of the Armed Forces are the following:
       (1) Members of the reserve components of the Armed Forces.
       (2) Former members of the Armed Forces within two years of 
     separation from service in the Armed Forces.
       (c) Requirements and Limitations.--
       (1) Nature of incentives.--In considering incentives for 
     purposes of the report required by subsection (a), the 
     Secretaries shall consider such incentives, whether monetary 
     or otherwise and whether or not authorized by current law or 
     regulations, as the Secretaries jointly consider appropriate.
       (2) Targeting of incentives.--In assessing any incentive 
     for purposes of the report, the Secretaries shall give 
     particular attention to the utility of such incentive in--
       (A) encouraging service in the Bureau of Customs and Border 
     Protection after service in the Armed Forces by covered 
     members and former of the Armed Forces who have provided 
     border patrol or border security assistance to the Bureau as 
     part of their duties as members of the Armed Forces; and
       (B) leveraging military training and experience by 
     accelerating training, or allowing credit to be applied to 
     related areas of training, required for service with the 
     Bureau of Customs and Border Protection.
       (3) Payment.--In assessing incentives for purposes of the 
     report, the Secretaries shall assume that any costs of such 
     incentives shall be borne by the Department of Homeland 
     Security.
       (d) Elements.--The report required by subsection (a) shall 
     include the following:
       (1) A description of various monetary and non-monetary 
     incentives considered for purposes of the report.
       (2) An assessment of the desirability and feasibility of 
     utilizing any such incentive for the purpose specified in 
     subsection (a), including an assessment of the particular 
     utility of such incentive in encouraging service in the 
     Bureau of Customs and Border Protection after service in the 
     Armed Forces by covered members and former members of the 
     Armed Forces described in subsection (c)(2).
       (3) Any other matters that the Secretaries jointly consider 
     appropriate.
       (e) Appropriate Committees of Congress Defined.--In this 
     section, the term ``appropriate committees of Congress'' 
     means--

[[Page 8978]]

       (1) the Committees on Armed Services, Homeland Security and 
     Governmental Affairs, and Appropriations of the Senate; and
       (2) the Committees on Armed Services, Homeland Security, 
     and Appropriations of the House of Representatives.
                                 ______
                                 
  SA 4087. Mrs. FEINSTEIN (for herself and Mr. Harkin) submitted an 
amendment intended to be proposed by her to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; as 
follows:

       On page 345 strike line 10 and all that follows through 
     page 395 line 23, and insert the following:

                Subtitle A--Earned Adjustment of Status

     SEC. 601. ORANGE CARD VISA PROGRAM.

       (a) Short Title.--This section may be cited as the ``Orange 
     Card Program''.
       (b) Earned Adjustment of Status.--
       (1) In general.--Chapter 5 of title II (8 U.S.C. 1255 et 
     seq.) is amended by inserting after section 245A the 
     following:

     ``SEC. 245B. ACCESS TO EARNED ADJUSTMENT.

       ``(a) Adjustment of Status.--
       ``(1) Principal aliens.--Subject to subsection (c)(5) and 
     notwithstanding any other provision of law, including section 
     244(h), the Secretary of Homeland Security shall adjust an 
     alien's status to the status of an alien lawfully admitted 
     for orange card status, if the alien satisfies the following 
     requirements:
       ``(A) Application.--The alien shall file an application 
     establishing eligibility for adjustment of status in 
     accordance with the procedures established under subsection 
     (n) and pay the fine required under subsection (m) and any 
     additional amounts owed under that subsection.
       ``(B) Continuous physical presence.--
       ``(i) In general.--The alien shall establish that the 
     alien--

       ``(I) was physically present in the United States on or 
     before January 1, 2006;
       ``(II) was not legally present in the United States on or 
     before January 1, 2006, under any classification set forth in 
     section 101(a)(15); and
       ``(III) did not depart from the United States on or before 
     January 1, 2006, except for brief, casual, and innocent 
     departures.

       ``(ii) Legally present.--For purposes of this subparagraph, 
     an alien who has violated any conditions of the alien's visa 
     shall be considered not to be legally present in the United 
     States.
       ``(C) Admissible under immigration laws.--The alien shall 
     establish that the alien is not inadmissible under section 
     212(a) except for any provision of that section that is 
     waived under subsection (b) of this section.
       ``(D) Employment in the united states.--
       ``(i) In general.--The alien shall--

       ``(I) submit all documentation of the alien's employment in 
     the United States before January 1, 2006; and
       ``(II) be employed in the United States for at least 6 
     years, in the aggregate, after the date of the enactment of 
     the Orange Card Program.

       ``(ii) Exceptions.--

       ``(I) In general.--The employment requirement in clause (i) 
     shall be reduced for an individual who--

       ``(aa) cannot demonstrate employment based on a physical or 
     mental disability or as a result of pregnancy; or
       ``(bb) is under 18 years of age on the date of the 
     enactment of the Orange Card Program, by a period of time 
     equal to the time period beginning on such date of enactment 
     and ending on the date on which the individual reaches 18 
     years of age.

       ``(II) Postsecondary study.--The employment requirements in 
     clause (i) shall be reduced by 1 year for each year of 
     completed full time postsecondary study in the United States 
     during the relevant period.

       ``(iii) Portability.--An alien shall not be required to 
     complete the employment requirements in clause (i) with the 
     same employer.
       ``(iv) Evidence of employment.--

       ``(I) Conclusive documents.--For purposes of satisfying the 
     requirements in clause (i), the alien shall submit at least 2 
     of the following documents for each period of employment, 
     which shall be considered conclusive evidence of such 
     employment:

       ``(aa) Records maintained by the Social Security 
     Administration.
       ``(bb) Records maintained by an employer, such as pay 
     stubs, time sheets, or employment work verification.
       ``(cc) Records maintained by the Internal Revenue Service.
       ``(dd) Records maintained by a union or day labor center.
       ``(ee) Records maintained by any other government agency, 
     such as worker compensation records, disability records, or 
     business licensing records.

       ``(II) Other documents.--An alien who is unable to submit a 
     document described in subclause (I) may satisfy the 
     requirement in clause (i) by submitting to the Secretary at 
     least 2 other types of reliable documents that provide 
     evidence of employment for each required period of 
     employment, including--

       ``(aa) bank records;
       ``(bb) business records;
       ``(cc) sworn affidavits from nonrelatives who have direct 
     knowledge of the alien's work, including the name, address, 
     and phone number of the affiant, the nature and duration of 
     the relationship between the affiant and the alien, and other 
     verification information; or
       ``(dd) remittance records.
       ``(v) Burden of proof.--An alien applying for adjustment of 
     status under this subsection has the burden of proving by a 
     preponderance of the evidence that the alien has satisfied 
     the employment requirements in clause (i).
       ``(E) Payment of income taxes.--The alien shall establish 
     the payment of all Federal and State income taxes owed for 
     employment during the period of employment required under 
     subparagraph (D)(i). The alien may satisfy such requirement 
     by establishing that--
       ``(i) no such tax liability exists;
       ``(ii) all outstanding liabilities have been met; or
       ``(iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service and with the department of revenue of each State to 
     which taxes are owed.
       ``(F) Basic citizenship skills.--
       ``(i) In general.--Except as provided in clause (ii), the 
     alien shall demonstrate that the alien either--

       ``(I) meets the requirements of section 312(a) (relating to 
     a knowledge and understanding of English and the history and 
     Government of the United States); or
       ``(II) is satisfactorily pursuing a course of study, 
     recognized by the Secretary of Homeland Security, to achieve 
     such understanding of English and the history and Government 
     of the United States.

       ``(ii) Exceptions.--

       ``(I) Mandatory.--The requirements of clause (i) shall not 
     apply to any person who is unable to comply with those 
     requirements because of a physical or developmental 
     disability or mental impairment.
       ``(II) Discretionary.--The Secretary of Homeland Security 
     may waive all or part of the requirements of clause (i) in 
     the case of an alien who is 65 years of age or older as of 
     the date of the filing of the application for adjustment of 
     status.

       ``(G) Security and law enforcement clearances.--The alien 
     shall submit fingerprints in accordance with procedures 
     established by the Secretary of Homeland Security. Such 
     fingerprints shall be submitted to relevant Federal agencies 
     to be checked against existing databases for information 
     relating to criminal, national security, or other law 
     enforcement actions that would render the alien ineligible 
     for adjustment of status under this subsection. The relevant 
     Federal agencies shall work to ensure that such clearances 
     are completed within 90 days of the submission of 
     fingerprints. An appeal of a security clearance determination 
     by the Secretary of Homeland Security shall be processed 
     through the Department of Homeland Security.
       ``(H) Military selective service.--The alien shall 
     establish that if the alien is within the age period required 
     under the Military Selective Service Act (50 U.S.C. App. 451 
     et seq.) that such alien has registered under that Act.
       ``(I) Annual reporting requirement.--
       ``(i) In general.--An alien who has applied for an 
     adjustment of status under this section shall annually submit 
     to the Secretary of Homeland Security the documentation 
     described in clause (ii) and the fee required under 
     subsection (m)(3).
       ``(ii) Documentation.--The documentation submitted under 
     clause (i) shall include evidence of employment described in 
     subparagraph (D)(iv), proof of payment of taxes described in 
     subparagraph (E), and documentation of any criminal 
     conviction or an affidavit stating that the alien has not 
     been convicted of any crime.
       ``(iii) Termination.--The reporting requirement under this 
     subparagraph shall terminate on the date on which the alien 
     is granted the status of an alien lawfully admitted for 
     permanent residence.
       ``(J) Adjustment of status.--An alien may not adjust to 
     legal permanent residence status under this section until 
     after the earlier of--
       ``(i) the consideration of all applications filed under 
     section 201, 202, or 203 before the date of enactment of this 
     section; or
       ``(ii) 8 years after the date of enactment of this section.
       ``(2) Spouses and children.--
       ``(A) In general.--
       ``(i) Adjustment of status.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall, 
     if otherwise eligible under subparagraph (B), adjust the 
     status to that of a lawful permanent resident for--

       ``(I) the spouse, or child who was under 21 years of age on 
     the date of enactment of the Orange Card Program, of an alien 
     who adjusts status or is eligible to adjust status to that of 
     a permanent resident under paragraph (1); or
       ``(II) an alien who, within 5 years preceding the date of 
     the enactment of the Orange Card Program, was the spouse or 
     child of an alien who adjusts status to that of a permanent 
     resident under paragraph (1), if--

[[Page 8979]]

       ``(aa) the termination of the qualifying relationship was 
     connected to domestic violence; or
       ``(bb) the spouse or child has been battered or subjected 
     to extreme cruelty by the spouse or parent who adjusts status 
     or is eligible to adjust status to that of a permanent 
     resident under paragraph (1).
       ``(ii) Application of other law.--In acting on applications 
     filed under this paragraph with respect to aliens who have 
     been battered or subjected to extreme cruelty, the Secretary 
     of Homeland Security shall apply the provisions of section 
     204(a)(1)(J) and the protections, prohibitions, and penalties 
     under section 384 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (8 U.S.C. 1367).
       ``(B) Grounds of inadmissibility not applicable.--In 
     establishing admissibility to the United States, the spouse 
     or child described in subparagraph (A) shall establish that 
     they are not inadmissible under section 212(a), except for 
     any provision of that section that is waived under subsection 
     (b) of this section.
       ``(C) Security and law enforcement clearance.--The spouse 
     or child, if that child is 14 years of age or older, 
     described in subparagraph (A) shall submit fingerprints in 
     accordance with procedures established by the Secretary of 
     Homeland Security. Such fingerprints shall be submitted to 
     relevant Federal agencies to be checked against existing 
     databases for information relating to criminal, national 
     security, or other law enforcement actions that would render 
     the alien ineligible for adjustment of status under this 
     subsection. The relevant Federal agencies shall work to 
     ensure that such clearances are completed within 90 days of 
     the submission of fingerprints. An appeal of a denial by the 
     Secretary of Homeland Security shall be processed through the 
     Department of Homeland Security.
       ``(3) Nonapplicability of numerical limitations.--When an 
     alien is granted lawful permanent resident status under this 
     subsection, the number of immigrant visas authorized to be 
     issued under any provision of this Act shall not be reduced.
       ``(b) Grounds of Inadmissibility.--
       ``(1) Applicable provisions.--In the determination of an 
     alien's admissibility under paragraphs (1)(C) and (2) of 
     subsection (a), the following provisions of section 212(a) 
     shall apply and may not be waived by the Secretary of 
     Homeland Security under paragraph (3)(A):
       ``(A) Paragraph (1) (relating to health).
       ``(B) Paragraph (2) (relating to criminals).
       ``(C) Paragraph (3) (relating to security and related 
     grounds).
       ``(D) Subparagraphs (A) and (C) of paragraph (10) (relating 
     to polygamists and child abductors).
       ``(2) Grounds of inadmissibility not applicable.--The 
     provisions of paragraphs (5), (6)(A), (6)(B), (6)(C), (6)(F), 
     (6)(G), (7), (9), and (10)(B) of section 212(a) shall not 
     apply to an alien who is applying for adjustment of status 
     under subsection (a).
       ``(3) Waiver of other grounds.--
       ``(A) In general.--Except as provided in paragraph (1), the 
     Secretary of Homeland Security may waive any provision of 
     section 212(a) in the case of individual aliens for 
     humanitarian purposes, to ensure family unity, or when it is 
     otherwise in the public interest.
       ``(B) Construction.--Nothing in this paragraph shall be 
     construed as affecting the authority of the Secretary of 
     Homeland Security, other than under this subparagraph, to 
     waive the provisions of section 212(a).
       ``(4) Special rule for determination of public charge.--An 
     alien is not ineligible for adjustment of status under 
     subsection (a) by reason of a ground of inadmissibility under 
     section 212(a)(4) if the alien establishes a history of 
     employment in the United States evidencing self-support 
     without public cash assistance.
       ``(5) Special rule for individuals where there is no 
     commercial purpose.--An alien is not ineligible for 
     adjustment of status under subsection (a) by reason of a 
     ground of inadmissibility under section 212(a)(6)(E) if the 
     alien establishes that the action referred to in that section 
     was taken for humanitarian purposes, to ensure family unity, 
     or was otherwise in the public interest.
       ``(6) Ineligibility.--
       ``(A) In general.--An alien is ineligible for adjustment to 
     lawful permanent resident status under this section if--
       ``(i) the alien has been ordered removed from the United 
     States--

       ``(I) for overstaying the period of authorized admission 
     under section 217;
       ``(II) under section 235 or 238; or
       ``(III) pursuant to a final order of removal under section 
     240;

       ``(ii) the alien failed to depart the United States during 
     the period of a voluntary departure order issued under 
     section 240B;
       ``(iii) the alien is subject to section 241(a)(5);
       ``(iv) 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; or

       ``(v) the alien has been convicted of a felony or 3 or more 
     misdemeanors.
       ``(B) Exception.--Notwithstanding subparagraph (A), an 
     alien who has not been ordered removed from the United States 
     shall remain eligible for adjustment to lawful permanent 
     resident status under this section if the alien's 
     ineligibility under subparagraph (A) is solely related to the 
     alien's--
       ``(i) entry into the United States without inspection;
       ``(ii) remaining in the United States beyond the period of 
     authorized admission; or
       ``(iii) failure to maintain legal status while in the 
     United States.
       ``(C) Waiver.--The Secretary may, in the Secretary's sole 
     and unreviewable discretion, waive the application of 
     subparagraph (A) if the alien--
       ``(i) was ordered removed on the basis that the alien--

       ``(I) entered without inspection;
       ``(II) failed to maintain status; or
       ``(III) was ordered removed under 212(a)(6)(C)(i) before 
     April 7, 2006; and

       ``(ii) demonstrates that--

       ``(I) the alien did not receive notice of removal 
     proceedings in accordance with paragraph (1) or (2) of 
     section 239(a);
       ``(II) the alien's failure to appear was due to exceptional 
     circumstances beyond the control of the alien; or
       ``(III) requiring the alien to depart from the United 
     States would result in extreme hardship to the alien's 
     spouse, parent, or child, who is a citizen of the United 
     States or an alien lawfully admitted for permanent residence.

       ``(7) Applicability of other provisions.--Section 241(a)(5) 
     and section 240B(d) shall not apply with respect to an alien 
     who is applying for adjustment of status under subsection 
     (a).
       ``(c) Treatment of Applicants.--
       ``(1) In general.--An alien who files an application under 
     subsection (a)(1)(A) for adjustment of status, including a 
     spouse or child who files for adjustment of status under 
     subsection (b)--
       ``(A) shall be granted employment authorization pending 
     final adjudication of the alien's application for adjustment 
     of status;
       ``(B) shall be granted permission to travel abroad pursuant 
     to regulation pending final adjudication of the alien's 
     application for adjustment of status;
       ``(C) shall not be detained, determined inadmissible or 
     deportable, or removed pending final adjudication of the 
     alien's application for adjustment of status, unless the 
     alien commits an act which renders the alien ineligible for 
     such adjustment of status; and
       ``(D) shall not be considered an unauthorized alien as 
     defined in section 274A(h)(3) until such time as employment 
     authorization under subparagraph (A) is denied.
       ``(2) Document of authorization.--The Secretary of Homeland 
     Security shall provide each alien described in paragraph (1) 
     with a counterfeit-resistant orange card that--
       ``(A) meets all current requirements established by the 
     Secretary of Homeland Security for travel documents, 
     including the requirements under section 403 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1324a note);
       ``(B) reflects the benefits and status set forth in 
     paragraph (1); and
       ``(C) contains a unique number that authorizes card holders 
     who have resided longer in the United States to receive the 
     status of lawful permanent resident before similarly situated 
     card holders whose length of residence in the United States 
     is shorter.
       ``(3) Security and law enforcement clearance.--Before an 
     alien is granted employment authorization or permission to 
     travel under paragraph (1), the alien shall be required to 
     undergo a name check against existing databases for 
     information relating to criminal, national security, or other 
     law enforcement actions. The relevant Federal agencies shall 
     work to ensure that such name checks are completed not later 
     than 90 days after the date on which the name check is 
     requested.
       ``(4) Termination of proceedings.--An alien in removal 
     proceedings who establishes prima facie eligibility for 
     adjustment of status under subsection (a) shall be entitled 
     to termination of the proceedings pending the outcome of the 
     alien's application, unless the removal proceedings are based 
     on criminal or national security grounds.
       ``(5) Adjustment to permanent residence.--
       ``(A) In general.--The Secretary of Homeland Security shall 
     adjust the status of an alien who satisfies all the 
     requirements under subsection (a) to that of an alien 
     lawfully admitted for permanent residence.
       ``(B) Nonapplicability of numerical limitations.--When an 
     alien is granted lawful permanent resident status under this 
     section, the number of immigrant visas authorized to be 
     issued under any provision of this Act shall not be reduced.
       ``(d) Apprehension Before Application Period.--The 
     Secretary of Homeland Security shall provide that in the case 
     of an alien who is apprehended before the beginning of

[[Page 8980]]

     the application period described in subsection (a) and who 
     can establish prima facie eligibility to have the alien's 
     status adjusted under that subsection (but for the fact that 
     the alien may not apply for such adjustment until the 
     beginning of such period), until the alien has had the 
     opportunity during the first 180 days of the application 
     period to complete the filing of an application for 
     adjustment, the alien may not be removed from the United 
     States unless the alien is removed on the basis that the 
     alien has engaged in criminal conduct or is a threat to the 
     national security of the United States.
       ``(e) Confidentiality of Information.--
       ``(1) In general.--Except as otherwise provided in this 
     section, no Federal agency or bureau, nor any officer or 
     employee of such agency or bureau, may--
       ``(A) use the information furnished by the applicant 
     pursuant to an application filed under paragraph (1) or (2) 
     of subsection (a) for any purpose other than to make a 
     determination on the application;
       ``(B) make any publication through which the information 
     furnished by any particular applicant can be identified; or
       ``(C) permit anyone other than the sworn officers and 
     employees of such agency, bureau, or approved entity, as 
     approved by the Secretary of Homeland Security, to examine 
     individual applications that have been filed.
       ``(2) Required disclosures.--The Secretary of Homeland 
     Security and the Secretary of State shall provide the 
     information furnished pursuant to an application filed under 
     paragraph (1) or (2) of subsection (a), and any other 
     information derived from such furnished information, to a 
     duly recognized law enforcement entity in connection with a 
     criminal investigation or prosecution or a national security 
     investigation or prosecution, in each instance about an 
     individual suspect or group of suspects, when such 
     information is requested in writing by such entity.
       ``(3) Criminal penalty.--Any person who knowingly uses, 
     publishes, or permits information to be examined in violation 
     of this subsection shall be fined not more than $10,000.
       ``(f) Penalties for False Statements in Applications.--
       ``(1) Criminal penalty.--
       ``(A) Violation.--It shall be unlawful for any person to--
       ``(i) file or assist in filing an application for 
     adjustment of status under this section and knowingly and 
     willfully falsify, conceal, or cover up a material fact or 
     make any false, fictitious, or fraudulent statements or 
     representations, or make or use any false writing or document 
     knowing the same to contain any false, fictitious, or 
     fraudulent statement or entry; or
       ``(ii) create or supply a false writing or document for use 
     in making such an application.
       ``(B) Penalty.--Any person who violates subparagraph (A) 
     shall be fined in accordance with title 18, United States 
     Code, or imprisoned not more than 5 years, or both.
       ``(2) Inadmissibility.--An alien who is convicted of a 
     crime under paragraph (1) shall be considered to be 
     inadmissible to the United States.
       ``(3) Exception.--Notwithstanding paragraphs (1) and (2), 
     any alien or other entity (including an employer or union) 
     that submits an employment record that contains incorrect 
     data that the alien used in order to obtain such employment, 
     shall not have violated this subsection.
       ``(g) Ineligibility for Public Benefits.--For purposes of 
     section 403 of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613), an 
     alien whose status has been adjusted in accordance with 
     subsection (a) shall not be eligible for any Federal means-
     tested public benefit unless the alien meets the alien 
     eligibility criteria for such benefit under title IV of such 
     Act (8 U.S.C. 1601 et seq.).
       ``(h) Relationships of Application to Certain Orders.--
       ``(1) In general.--An alien who is present in the United 
     States and has been ordered excluded, deported, removed, or 
     to depart voluntarily from the United States or is subject to 
     reinstatement of removal under any provision of this Act may, 
     notwithstanding such order, apply for adjustment of status 
     under subsection (a). Such an alien shall not be required, as 
     a condition of submitting or granting such application, to 
     file a separate motion to reopen, reconsider, or vacate the 
     exclusion, deportation, removal or voluntary departure order. 
     If the Secretary of Homeland Security grants the application, 
     the order shall be canceled. If the Secretary of Homeland 
     Security renders a final administrative decision to deny the 
     application, such order shall be effective and enforceable. 
     Nothing in this paragraph shall affect the review or stay of 
     removal under subsection (j).
       ``(2) Stay of removal.--The filing of an application 
     described in paragraph (1) shall stay the removal or 
     detainment of the alien pending final adjudication of the 
     application, unless the removal or detainment of the alien is 
     based on criminal or national security grounds.
       ``(i) Application of Other Provisions.--Nothing in this 
     section shall preclude an alien who may be eligible to be 
     granted adjustment of status under subsection (a) from 
     seeking such status under any other provision of law for 
     which the alien may be eligible.
       ``(j) Administrative and Judicial Review.--
       ``(1) In general.--Except as provided in this subsection, 
     there shall be no administrative or judicial review of a 
     determination respecting an application for adjustment of 
     status under subsection (a).
       ``(2) Administrative review.--
       ``(A) Single level of administrative appellate review.--The 
     Secretary of Homeland Security shall establish an appellate 
     authority to provide for a single level of administrative 
     appellate review of a determination respecting an application 
     for adjustment of status under subsection (a).
       ``(B) Standard for review.--Administrative appellate review 
     referred to in subparagraph (A) shall be based solely upon 
     the administrative record established at the time of the 
     determination on the application and upon the presentation of 
     additional or newly discovered evidence during the time of 
     the pending appeal.
       ``(3) Judicial review.--
       ``(A) Direct review.--A person whose application for 
     adjustment of status under subsection (a) is denied after 
     administrative appellate review under paragraph (2) may seek 
     review of such denial, in accordance with chapter 7 of title 
     5, United States Code, before the United States district 
     court for the district in which the person resides.
       ``(B) Review after removal proceedings.--There shall be 
     judicial review in the Federal courts of appeal of the denial 
     of an application for adjustment of status under subsection 
     (a) in conjunction with judicial review of an order of 
     removal, deportation, or exclusion, but only if the validity 
     of the denial has not been upheld in a prior judicial 
     proceeding under subparagraph (A). Notwithstanding any other 
     provision of law, the standard for review of such a denial 
     shall be governed by subparagraph (C).
       ``(C) Standard for judicial review.--Judicial review of a 
     denial of an application under this section shall be based 
     solely upon the administrative record established at the time 
     of the review. The findings of fact and other determinations 
     contained in the record shall be conclusive unless the 
     applicant can establish abuse of discretion or that the 
     findings are directly contrary to clear and convincing facts 
     contained in the record, considered as a whole.
       ``(4) Stay of removal.--Aliens seeking administrative or 
     judicial review under this subsection shall not be removed 
     from the United States until a final decision is rendered 
     establishing ineligibility under this section, unless such 
     removal is based on criminal or national security grounds.
       ``(k) Dissemination of Information on Adjustment Program.--
     During the 12 months following the issuance of final 
     regulations in accordance with subsection (o), the Secretary 
     of Homeland Security, in cooperation with approved entities, 
     approved by the Secretary of Homeland Security, shall broadly 
     disseminate information respecting adjustment of status under 
     this section and the requirements to be satisfied to obtain 
     such status. The Secretary of Homeland Security shall also 
     disseminate information to employers and labor unions to 
     advise them of the rights and protections available to them 
     and to workers who file applications under this section. Such 
     information shall be broadly disseminated, in the languages 
     spoken by the top 15 source countries of the aliens who would 
     qualify for adjustment of status under this section, 
     including to television, radio, and print media such aliens 
     would have access to.
       ``(l) Employer Protections.--
       ``(1) Immigration status of alien.--Employers of aliens 
     applying for adjustment of status under this section shall 
     not be subject to civil and criminal tax liability relating 
     directly to the employment of such alien.
       ``(2) Provision of employment records.--Employers that 
     provide unauthorized aliens with copies of employment records 
     or other evidence of employment pursuant to an application 
     for adjustment of status under this section or any other 
     application or petition pursuant to other provisions of the 
     immigration laws, shall not be subject to civil and criminal 
     liability pursuant to section 274A for employing such 
     unauthorized aliens.
       ``(3) Applicability of other law.--Nothing in this 
     subsection shall be used to shield an employer from liability 
     pursuant to section 274B or any other labor and employment 
     law provisions.
       ``(m) Authorization of Appropriations; Fines; Fees.--
       ``(1) Authorization of appropriations.--There are 
     authorized to be appropriated to the Secretary of Homeland 
     Security $100,000,000 for fiscal year 2007, which shall 
     remain available until expended, to carry out this section.
       ``(2) Fine.--An alien who files an application under this 
     section (except for an alien under 18 years of age) shall pay 
     a fine equal to $2,000.
       ``(3) Fee.--Annual processing fee of $50.
       ``(4) Immigration examinations fee account.--Of the amounts 
     collected each fiscal year under paragraphs (2) and (3), the 
     Secretary of Homeland Security shall deposit--
       ``(A) $10,000,000 into the General Fund of the Treasury, 
     until an amount equal to the

[[Page 8981]]

     amount appropriated pursuant to paragraph (1) has been 
     deposited under this subparagraph; and
       ``(B) the remaining amount into the Immigration 
     Examinations Fee Account established under section 286(m).
       ``(5) Use of amounts collected.--Of the amounts deposited 
     into the Immigration Examinations Fee Account under paragraph 
     (4)(B)--
       ``(A) such amounts as may be necessary shall be available, 
     without fiscal year limitation, to--
       ``(i) the Secretary of Homeland Security to implement this 
     section and to process applications received under this 
     section; and
       ``(ii) the Secretary of Homeland Security and the Secretary 
     of State for administrative and other expenses incurred in 
     connection with the review of applications filed by immediate 
     relatives of aliens applying for adjustment of status under 
     this section; and
       ``(B) any amounts not expended under subparagraph (A) shall 
     be available to the Secretary of Homeland Security to improve 
     border security.
       ``(n) Rulemaking.--
       ``(1) In general.--Not later than 120 days after the date 
     of the enactment of the Orange Card Program, the Secretary of 
     Homeland Security shall issue regulations to implement this 
     section.
       ``(2) Application processing procedure.--The regulations 
     issued under paragraph (1) shall include a procedure for the 
     orderly, efficient, and effective processing of applications 
     received under this section. Such procedure shall require the 
     Secretary of Homeland Security to--
       ``(A) permit applications under this section to be filed 
     electronically, to the extent possible; and
       ``(B) allow for initial registration with fingerprints of 
     applicants to be followed by a personal appointment and 
     completed application.''.
       (2) Table of contents.--The table of contents is amended by 
     inserting after the item relating to section 245A the 
     following:

``Sec. 245B. Access to earned adjustment.''.
                                 ______
                                 
  SA 4088. Mr. DODD submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 95, strike line 23 and all that follows 
     through page 96, line 21, and insert the following:
       ``(i) if the violation is the offender's first violation 
     under this subparagraph, shall be fined under such title, 
     imprisoned for not less than 3 years or more than 20 years, 
     or both; or
       ``(ii) if the violation is the offender's second or 
     subsequent violation of this subparagraph, shall be fined 
     under such title, imprisoned for not less than 7 years or 
     more than 25 years, or both;
       ``(C) if the offense furthered or aided the commission of 
     any other offense against the United States or any State that 
     is punishable by imprisonment for more than 1 year, shall be 
     fined under such title, imprisoned for not less than 7 years 
     or more than 25 years, or both;
       ``(D) shall be fined under such title, imprisoned not less 
     than 7 years or more than 25 years, or both, if the offense 
     created a substantial and foreseeable risk of death, a 
     substantial and foreseeable risk of serious bodily injury (as 
     defined in section 2119(2) of title 18, United States Code), 
     or inhumane conditions to another person, including--
                                 ______
                                 
  SA 4089. Mr. DODD (for himself, Mr. Lugar, and Mr. Salazar) submitted 
an amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in the bill insert the following 
     new section:

     SEC. __.

       (a) Findings--
       (1) There are currently between 10-12 million illegal 
     immigrants in the United States in 2006.
       (2) As many as 70% of such migrants are citizens of Mexico.
       (3) More than 1 million illegal migrants are apprehended 
     annually in the United States southern border area attempting 
     to illegally enter the United States, with an additional 
     500,000 entering undetected.
       (4) Despite Operation Gatekeeper which began in 1994 with 
     the construction of fencing in urban crossing areas and other 
     efforts to stem the flow of illegal immigration, the flow of 
     such migration has continued at high levels.
       (5) Migrants have continued to cross into remote rural 
     areas where difficult terrain and climate conditions have 
     caused the deaths of some 2500 migrants over the last decade.
       (6) Communities on both sides of the border will be 
     impacted by the construction of additional fences and 
     security structures.
       (7) Illegal immigration cannot be permanently resolved or 
     contained without the cooperation of Mexico and other 
     countries that are the source of such migration.
       (8) After some years of turning a blind eye to the migrant 
     problem, Mexican authorities have recently acknowledged their 
     responsibility for addressing illegal migration by Mexican 
     citizens.
       (9) It is in the interest of the United States to have the 
     full cooperation of Mexican authorities in tackling illegal 
     migration and other border security issues.
       (b) Consultation Requirement.--Consultations between United 
     States and Mexican authorities at the federal, state, and 
     local levels concerning the construction of additional 
     fencing and related border security structures along the 
     United States-Mexico border shall be undertaken prior to 
     commencing any new construction, in order to solicit the 
     views of affected communities, lessen tensions and foster 
     greater understanding and stronger cooperation on this and 
     other important issues of mutual concern.
                                 ______
                                 
  SA 4090. Mr. DURBIN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of subtitle F of title VII, insert the following 
     new section:

     SEC. 766. GLOBAL HEALTHCARE COOPERATION.

       (a) Global Healthcare Cooperation.--Title III (8 U.S.C. 
     1401 et seq.) is amended by inserting after section 317 the 
     following:

     ``SEC. 317A. TEMPORARY ABSENCE OF ALIENS PROVIDING HEALTHCARE 
                   IN DEVELOPING COUNTRIES.

       ``(a) In General.--Notwithstanding any other provision of 
     this Act, the Secretary of Homeland Security shall allow an 
     eligible alien and the spouse or child of such alien to 
     reside in a candidate country during the period that the 
     eligible alien is working as a physician or other healthcare 
     worker in a candidate country. During such period the 
     eligible alien and such spouse or child shall be considered--
       ``(1) to be physically present and residing in the United 
     States for purposes of naturalization under section 316(a); 
     and
       ``(2) to meet the continuous residency requirements under 
     section 316(b).
       ``(b) Definitions.--In this section:
       ``(1) Candidate country.--The term `candidate country' 
     means a country that the Secretary of State determines is--
       ``(A) eligible for assistance from the International 
     Development Association, in which the per capita income of 
     the country is equal to or less than the historical ceiling 
     of the International Development Association for the 
     applicable fiscal year, as defined by the International Bank 
     for Reconstruction and Development;
       ``(B) classified as a lower middle income country in the 
     then most recent edition of the World Development Report for 
     Reconstruction and Development published by the International 
     Bank for Reconstruction and Development and having an income 
     greater than the historical ceiling for International 
     Development Association eligibility for the applicable fiscal 
     year; or
       ``(C) qualifies to be a candidate country due to special 
     circumstances, including natural disasters or public health 
     emergencies.
       ``(2) Eligible alien.--The term `eligible alien' means an 
     alien who--
       ``(A) has been lawfully admitted to the United States for 
     permanent residence; and
       ``(B) is a physician or other healthcare worker.
       ``(c) Consultation.--The Secretary of Homeland Security 
     shall consult with the Secretary of State in carrying out 
     this subsection.
       ``(d) Publication.--The Secretary of State shall publish--
       ``(1) not later than 6 months after the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006, and annually thereafter, a list of candidate countries; 
     and
       ``(2) an immediate amendment to such list at any time to 
     include any country that qualifies as a candidate country due 
     to special circumstances under subsection (b)(1)(C).''.
       (b) Rulemaking.--
       (1) Requirement.--Not later than 6 months after the date of 
     the enactment of this Act, the Secretary shall promulgate 
     regulations to carry out the amendments made by this section.
       (2) Content.--The regulations required by paragraph (1) 
     shall--
       (A) permit an eligible alien (as defined in section 317A of 
     the Immigration and Nationality Act, as added by subsection 
     (a)) and the spouse or child of the eligible alien to reside 
     in a foreign country to work as a physician or other 
     healthcare worker as described in subsection (a) of such 
     section 317A for not less than a 12-month period and not more 
     than a 24-month period, and shall permit the Secretary to 
     extend such period for an additional period not to exceed 12 
     months, if the Secretary determines that such country has a 
     continuing need for such a physician or other healthcare 
     worker;
       (B) provide for the issuance of documents by the Secretary 
     to such eligible alien, and such spouse or child, if 
     appropriate, to demonstrate that such eligible alien, and 
     such

[[Page 8982]]

     spouse or child, if appropriate, is authorized to reside in 
     such country under such section 317A; and
       (C) provide for an expedited process through which the 
     Secretary shall review applications for such an eligible 
     alien to reside in a foreign country pursuant to subsection 
     (a) of such section 317A if the Secretary of State determines 
     a country is a candidate country pursuant to subsection 
     (b)(1)(C) of such section 317A.
       (c) Technical and Conforming Amendments.--The Immigration 
     and Nationality Act is amended as follows:
       (1) Section 101(a)(13)(C)(ii) (8 U.S.C. 1101(a)(13)(C)(ii)) 
     is amended by adding at the end ``except in the case of an 
     eligible alien, or the spouse or child of such alien, 
     authorized to be absent from the United States pursuant to 
     section 317A,''.
       (2) Section 211(b) (8 U.S.C. 1181(b)) is amended by 
     inserting ``, including an eligible alien authorized to 
     reside in a foreign country pursuant to section 317A and the 
     spouse or child of such eligible alien, if appropriate,'' 
     after ``101(a)(27)(A),''.
       (3) Section 212(a)(7)(A)(i)(I) (8 U.S.C. 
     1182(a)(7)(A)(i)(I)) is amended by inserting ``other than an 
     eligible alien authorized to reside in a foreign country 
     pursuant to section 317A and the spouse or child of such 
     eligible alien, if appropriate,'' after ``Act,''.
       (4) Section 319(b)(1)(B) (8 U.S.C. 1430(b)(1)(B)) is 
     amended by inserting ``an eligible alien who is residing or 
     has resided in a foreign country pursuant to section 317A'' 
     before ``and'' at the end.
       (5) The table of contents is amended by inserting after the 
     item relating to section 317 the following:

``Sec. 317A. Temporary absence of aliens providing healthcare in 
              developing countries.''.

       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Bureau of Citizenship and 
     Immigration Services such sums as may be necessary to carry 
     out this section and the amendments made by this section.

     SEC. 767. ATTESTATION BY HEALTHCARE WORKERS.

       (a) Requirement for Attestation.--Section 212(a)(5) (8 
     U.S.C. 1182(a)(5)) is amended by adding at the end the 
     following new subparagraph:
       ``(E) Healthcare workers with other obligations.--
       ``(i) In general.--An alien who seeks to enter the United 
     States for the purpose of performing labor as a physician or 
     other healthcare worker is inadmissible unless the alien 
     submits to the Secretary of Homeland Security or the 
     Secretary of State, as appropriate, an attestation that the 
     alien is not seeking to enter the United States for such 
     purpose during any period in which the alien has an 
     outstanding obligation to the government of the alien's 
     country of origin or the alien's country of residence.
       ``(ii) Obligation defined.--In this subparagraph, the term 
     `obligation' means an obligation incurred as part of a valid, 
     voluntary individual agreement in which the alien received 
     financial assistance to defray the costs of education or 
     training to qualify as a physician or other healthcare worker 
     in consideration for a commitment to work as a physician or 
     other healthcare worker in the alien's country of origin or 
     the alien's country of residence.
       ``(iii) Waiver.--The Secretary of Homeland Security may 
     waive a finding of inadmissibility under clause (i) if the 
     Secretary determines that--

       ``(I) the obligation was incurred by coercion or other 
     improper means;
       ``(II) the alien and the government of the country to which 
     the alien has an outstanding obligation have reached a valid, 
     voluntary agreement, pursuant to which the alien's obligation 
     has been deemed satisfied, or the alien has shown to the 
     satisfaction of the Secretary that the alien has been unable 
     to reach such an agreement because of coercion or other 
     improper means; or
       ``(III) the obligation should not be enforced due to other 
     extraordinary circumstances, including undue hardship that 
     would be suffered by the alien in the absence of a waiver.''.

       (b) Effective Date and Application.--
       (1) Effective date.--The amendment made by subsection (a) 
     shall become effective 180 days after the date of the 
     enactment of this Act.
       (2) Application by the secretary.--The Secretary shall 
     begin to carry out the subparagraph (E) of section 212(a)(5) 
     of the Immigration and Nationality Act (8 U.S.C. 1182(a)(5)), 
     as added by subsection (a), not later than the effective date 
     described in paragraph (1), including the requirement for the 
     attestation and the granting of a waiver described in such 
     subparagraph, regardless of whether regulations to implement 
     such subparagraph have been promulgated.
                                 ______
                                 
  SA 4091. Mrs. CLINTON submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. NONIMMIGRANT STATUS FOR SPOUSES AND CHILDREN OF 
                   PERMANENT RESIDENTS AWAITING THE AVAILABILITY 
                   OF AN IMMIGRANT VISA.

       Section 101(a)(15)(V) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)(V)) is amended--
       (1) by striking ``the date of the enactment of the Legal 
     Immigration Family Equity Act'' and inserting ``January 1, 
     2011''; and
       (2) by striking ``3 years'' each place it appears and 
     inserting ``180 days''.
                                 ______
                                 
  SA 4092. Mr. REED submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 348, between lines 21 and 22, insert the following:

       ``(V) The employment requirement under clause (i)(I) shall 
     not apply to any individual who is 65 years of age or older 
     on the date of the enactment of the Immigrant Accountability 
     Act of 2006.

       On page 375, between lines 16 and 17, insert the following:
       ``(C) Exemption.--The employment requirement under 
     subparagraph (A) shall not apply to any individual who is 65 
     years of age or older on the date of the enactment of the 
     Immigrant Accountability Act of 2006.
                                 ______
                                 
  SA 4093. Mr. KENNEDY (for himself and Mr. DeWine) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place in title V, insert the following:

     DETERMINATIONS WITH RESPECT TO CHILDREN UNDER THE HAITIAN AND 
                   IMMIGRANT FAIRNESS ACT OF 1998.

       (a) In General--Section 902(d) of the Haitian Refugee 
     Immigration Fairness Act of 1998 (8 U.S.C. 1255 note) is 
     amended by adding at the end the following:
        ``(3) Determinations with respect to children.--
       ``(A) Use of application filing date.--Determinations made 
     under this subsection as to whether an individual is a child 
     of a parent shall be made using the age and status of the 
     individual on October 21, 1998.
       ``(B) Application submission by parent.-Notwithstanding 
     paragraph (1)(C), an application under this subsection filed 
     based on status as a child may be filed for the benefit of 
     such child by a parent or guardian of the child, if the child 
     is physically present in the United States on such filing 
     date.''.
       (b) New Applications and Motions to Reopen--
       (1) New applications.--Notwithstanding section 
     902a(a)(1)(A) of the Haitian and Immigrant Fairness Act of 
     1998, an alien who is eligible for adjustment of status under 
     such Act, as amended by subsection (a), may submit an 
     application for adjustment of status under such Act not later 
     than the later of--
       (A) 2 years after the date of the enactment of this Act; 
     and
       (B) 1 year after the date on which final regulations 
     implementing this section are promulgated.
       (2) Motions to reopen.--The Secretary of Homeland Security 
     shall establish procedures for the reopening and 
     reconsideration of applications for adjustment of status 
     under the Haitian Refugee Immigration Fairness Act of 1998 
     that are affected by the amendments under subsection (a).
       (3) Relationship of application to certain orders.--Section 
     902(a)(3) of the Haitian and Immigrant Fairness Act of 1998 
     shall apply to an alien present in the United States who has 
     been ordered excluded, deported, removed, or ordered to 
     depart voluntarily, and who files an application under 
     paragraph (1), or a motion under paragraph (2), In the same 
     manner as such section 902(a)(3) applied to aliens filing 
     applications for adjustment of status under such Act before 
     April 1, 2000.

     SEC 3. INADMISSIBILITY DETERMINATION.

       Section 902 of the Haitian Refugee Immigration Fairness Act 
     of 1998 (8 U.S.C. 1255 note) is amended in subsections 
     (a)(1)(B) and (d)(1)(D) by inserting ``(6)(C)(i),'' after 
     ``(6)(A).''
                                 ______
                                 
  SA 4094. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place, insert the following:

     SEC. __. PROMOTING CIRCULAR MIGRATION PATTERNS.

       (a) Labor Migration Facilitation Programs.--
       (1) In general.--The Secretary of State is authorized to 
     enter into agreements, with the appropriate officials of 
     foreign governments whose nationals participate in the 
     temporary guest worker program authorized under section 218A 
     of the Immigration and Nationality Act, as added by section 
     403 of this Act, for the purposes of jointly establishing and 
     administering labor migration facilitation programs.

[[Page 8983]]

       (2) Priority.--The Secretary of State shall place a 
     priority on establishing labor migration facilitation 
     programs under paragraph (1) with the governments of 
     countries that have a large number of nationals working as 
     temporary guest workers in the United States under section 
     218A of such Act. The Secretary shall enter into such 
     agreements not later than 3 months after the date of the 
     enactment of this Act or as soon thereafter as is 
     practicable.
       (3) Elements of program.--A program established under 
     paragraph (1) may provide for--
       (A) the Secretary of State, in conjunction with the 
     Secretary and the Secretary of Labor, to confer with 
     appropriate officials of the foreign government to--
       (i) establish and implement a program to assist temporary 
     guest workers from the foreign country to obtain nonimmigrant 
     status under section 101(a)(15)(H)(ii)(c) of such Act; and
       (ii) establish programs to create economic incentives for 
     aliens to return to their country of origin;
       (B) the foreign government to--
       (i) monitor the participation of its nationals in the 
     temporary guest worker program, including departure from and 
     return to their country of origin;
       (ii) develop and promote a reintegration program available 
     to such individuals upon their return from the United States; 
     and
       (iii) promote or facilitate travel of such individuals 
     between their country of origin and the United States; and
       (C) any other matters that the Secretary of State and the 
     appropriate officials of the foreign government consider 
     appropriate to enable nationals of the foreign country who 
     are participating in the temporary work program to maintain 
     strong ties to their country of origin.
       (b) Bilateral Efforts With Mexico to Reduce Migration 
     Pressures and Costs.--
       (1) Findings.--Congress makes the following findings:
       (A) Migration from Mexico to the United States is directly 
     linked to the degree of economic opportunity and the standard 
     of living in Mexico.
       (B) Mexico comprises a prime source of migration to the 
     United States.
       (C) Remittances from Mexican citizens working in the United 
     States reached a record high of nearly $17,000,000,000 in 
     2004.
       (D) Migration patterns may be reduced from Mexico to the 
     United States by addressing the degree of economic 
     opportunity available to Mexican citizens.
       (E) Many Mexican assets are held extra-legally and cannot 
     be readily used as collateral for loans.
       (F) A majority of Mexican businesses are small- or medium-
     sized with limited access to financial capital.
       (G) These factors constitute a major impediment to broad-
     based economic growth in Mexico.
       (H) Approximately 20 percent of the population of Mexico 
     works in agriculture, with the majority of this population 
     working on small farms rather than large commercial 
     enterprises.
       (I) The Partnership for Prosperity is a bilateral 
     initiative launched jointly by the President of the United 
     States and the President of Mexico in 2001, which aims to 
     boost the social and economic standards of Mexican citizens, 
     particularly in regions where economic growth has lagged and 
     emigration has increased.
       (J) The Presidents of Mexico and of the United States and 
     the Prime Minister of Canada, at their trilateral summit on 
     March 23, 2005, established the Security and Prosperity 
     Partnership of North America to promote economic growth, 
     competitiveness, and quality of life throughout North 
     America.
       (2) Sense of congress regarding partnership for 
     prosperity.--It is the sense of Congress that the United 
     States and Mexico should accelerate the implementation of the 
     Security and Prosperity Partnership of North America to help 
     generate economic growth and improve the standard of living 
     in Mexico, which will lead to reduced migration, by--
       (A) increasing access for poor and under served populations 
     in Mexico to the financial services sector, including credit 
     unions;
       (B) assisting Mexican efforts to formalize its extra-legal 
     sector, including the issuance of formal land titles, to 
     enable Mexican citizens to use their assets to procure 
     capital;
       (C) facilitating Mexican efforts to establish an effective 
     rural lending system for small- and medium-sized farmers that 
     will--
       (i) provide long term credit to borrowers;
       (ii) develop a viable network of regional and local 
     intermediary lending institutions; and
       (iii) extend financing for alternative rural economic 
     activities beyond direct agricultural production;
       (D) expanding efforts to reduce the transaction costs of 
     remittance flows in order to increase the pool of savings 
     available to help finance domestic investment in Mexico;
       (E) encouraging Mexican corporations to adopt 
     internationally recognized corporate governance practices, 
     including anti-corruption and transparency principles;
       (F) enhancing Mexican efforts to strengthen governance at 
     all levels, including efforts to improve transparency and 
     accountability, and to eliminate corruption, which is the 
     single biggest obstacle to development;
       (G) assisting the Government of Mexico in implementing all 
     provisions of the Inter-American Convention Against 
     Corruption (ratified by Mexico on May 27, 1997) and urging 
     the Government of Mexico to participate fully in the 
     Convention's formal implementation monitoring mechanism;
       (H) helping the Government of Mexico to strengthen 
     education and training opportunities throughout the country, 
     with a particular emphasis on improving rural education; and
       (I) encouraging the Government of Mexico to create 
     incentives for persons who have migrated to the United States 
     to return to Mexico.
       (3) Sense of congress regarding bilateral partnership on 
     health care.--It is the sense of Congress that the Government 
     of the United States and the Government of Mexico should 
     enter into a partnership to examine uncompensated and 
     burdensome health care costs incurred by the United States 
     due to legal and illegal immigration, including--
       (A) increasing health care access for poor and under served 
     populations in Mexico;
       (B) assisting Mexico in increasing its emergency and trauma 
     health care facilities along the border, with emphasis on 
     expanding prenatal care in the region along the international 
     border between the United States and Mexico;
       (C) facilitating the return of stable, incapacitated 
     workers temporarily employed in the United States to Mexico 
     in order to receive extended, long-term care in their home 
     country; and
       (D) helping the Government of Mexico to establish a program 
     with the private sector to cover the health care needs of 
     Mexican nationals temporarily employed in the United States.
                                 ______
                                 
  SA 4095. Mr. DORGAN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 250, strike lines 5 through 10, and insert the 
     following:
       ``(a) Authority.--
       ``(1) In general.--Subject to paragraph (2), the Secretary 
     of Homeland Security may grant a temporary visa to an H-2C 
     nonimmigrant who demonstrates an intent to perform labor or 
     services in the United States (other than the labor or 
     services described in clause (i)(b) or (ii)(a) of section 
     101(a)(15)(H) or subparagraph (L), (O), (P), or (R) of 
     section 101(a)(15)).
       ``(2) Sunset.--Notwithstanding any other provision of law, 
     after the date that is 5 years after the date of the 
     enactment of the Comprehensive Immigration Reform Act of 
     2006, no alien may be issued a new visa as an H-2C 
     nonimmigrant for an initial period of authorized admission 
     under subsection (f)(1). The Secretary of Homeland Security 
     may continue to issue an extension of a temporary visa issued 
     to an H-2C nonimmigrant pursuant to such subsection after 
     such date.
                                 ______
                                 
  SA 4096. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       On page 184, strike lines 5 through 24, and insert the 
     following:
       ``(3) Contractor liability for employment of unauthorized 
     workers.--A person or other entity shall not be liable for a 
     penalty under subsection (e)(4)(A) with respect to the 
     violation of subsection (a)(1)(A), (a)(1)(B), or (a)(2) with 
     respect to the hiring or continuation of employment of an 
     unauthorized alien by a subcontractor of that person or 
     entity unless the person or entity knew that the 
     subcontractor hired or continued to employ such alien in 
     violation of such subsection.
                                 ______
                                 
  SA 4097. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       Beginning on page 362, strike line 4 and all that follows 
     through page 363, line 12, and insert the following:
       ``(e) Confidentiality of Information.--
       ``(1) In general.--Except as provided in paragraph (2) or 
     (3) or as otherwise provided in this section, or pursuant to 
     written waiver of the applicant or order of a court of 
     competent jurisdiction, no Federal agency or bureau, or any 
     officer or employee of such agency or bureau, may--
       ``(A) use the information furnished by the applicant 
     pursuant to an application filed under paragraph (1) or (2) 
     of subsection (a) for any purpose other than to make a 
     determination on the application;
       ``(B) make any publication through which the information 
     furnished by any particular applicant can be identified; or
       ``(C) permit anyone other than the sworn officers and 
     employees of such agency, bureau, or approved entity, as 
     approved by the

[[Page 8984]]

     Secretary of Homeland Security, to examine individual 
     applications that have been filed.
       ``(2) Required disclosures.--The Secretary of Homeland 
     Security and the Secretary of State shall provide the 
     information furnished pursuant to an application filed under 
     paragraph (1) or (2) of subsection (a), and any other 
     information derived from such furnished information, to--
       ``(A) a duly recognized law enforcement entity in 
     connection with a criminal investigation or prosecution or a 
     national security investigation or prosecution, in each 
     instance about an individual suspect or group of suspects, 
     when such information is requested by such entity; or
       ``(B) an official coroner for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       ``(3) Inapplicability after denial.--The limitation under 
     paragraph (1)--
       ``(A) shall apply only until an application filed under 
     paragraph (1) or (2) of subsection (a) is denied and all 
     opportunities for appeal of the denial have been exhausted; 
     and
       ``(B) shall not apply to use of the information furnished 
     pursuant to such application in any removal proceeding or 
     other criminal or civil case or action relating to an alien 
     whose application has been granted that is based upon any 
     violation of law committed or discovered after such grant.
       ``(4) Criminal penalty.--Any person who knowingly uses, 
     publishes, or permits information to be examined in violation 
     of this subsection shall be fined not more than $10,000.
                                 ______
                                 
  SA 4098. Mr. BINGAMAN (for himself and Mr. Domenici) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. ANNUAL REPORT ON THE NORTH AMERICAN DEVELOPMENT 
                   BANK.

       Section 2 of Public Law 108-215 (22 U.S.C. 290m-6) is 
     amended--
       (1) in paragraph (1), by inserting after ``The number'' the 
     following: ``of applications received by, pending with, and 
     awaiting final approval from the Board of the North American 
     Development Bank and the number''; and
       (2) by adding at the end the following:
       ``(8) Recommendations on how to improve the operations of 
     the North American Development Bank.
       ``(9) An update on the implementation of this Act, 
     including the business process review undertaken by the North 
     American Development Bank.
       ``(10) A description of the activities and accomplishments 
     of the North American Development Bank during the previous 
     year, including a brief summary of meetings and actions taken 
     by the Board of the North American Development Bank.''.
                                 ______
                                 
  SA 4099. Mr. OBAMA (for himself and Mr. Kennedy) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike title III and insert the following:

                TITLE III--UNLAWFUL EMPLOYMENT OF ALIENS

     SEC. 301. UNLAWFUL EMPLOYMENT OF ALIENS.

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

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

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

       ``(I) contains the individual's photograph or information, 
     including the individual's name, date of birth, gender, eye 
     color, and address; and
       ``(II) contains security features to make such license or 
     card resistant to tampering, counterfeiting, or fraudulent 
     use;

       ``(iii) in the case of an alien who is authorized under 
     this Act or by the Secretary to be employed in the United 
     States, an employment authorization card, as specified by the 
     Secretary that--

[[Page 8985]]

       ``(I) contains a photograph of the individual or other 
     identifying information, including name, date of birth, 
     gender, and address; and
       ``(II) contains security features to make the document 
     resistant to tampering, counterfeiting, and fraudulent use;

       ``(iv) any other documents designated by the Secretary, 
     if--

       ``(I) the Secretary has published a notice in the Federal 
     Register stating that such a document is acceptable for 
     purposes of this subparagraph; and
       ``(II) the document contains security features to make the 
     document resistant to tampering, counterfeiting, and 
     fraudulent use; or

       ``(v) until the date that an employer is required to 
     participate in the Electronic Employment Verification System 
     under subsection (d) or is participating in such System on a 
     voluntary basis, a document, or a combination of documents, 
     of such type that, as of the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006, the Secretary 
     had established by regulation were sufficient for purposes of 
     this section.
       ``(C) Authority to prohibit use of certain documents.--
       ``(i) Authority.--If the Secretary finds that a document or 
     class of documents described in subparagraph (B) is not 
     reliable to establish identity or is being used fraudulently 
     to an unacceptable degree, the Secretary shall prohibit, or 
     impose conditions, on the use of such document or class of 
     documents for purposes of this subsection.
       ``(ii) Requirement for publication.--The Secretary shall 
     publish notice of any findings under clause (i) in the 
     Federal Register.
       ``(2) Attestation of employee.--
       ``(A) Requirements.--
       ``(i) In general.--The individual shall attest, under 
     penalty of perjury on the form described in paragraph 
     (1)(A)(i), that the individual is a national of the United 
     States, an alien lawfully admitted for permanent residence, 
     or an alien who is authorized under this Act or by the 
     Secretary to be hired, or to be recruited or referred for a 
     fee, in the United States.
       ``(ii) Signature for examination.--An attestation required 
     by clause (i) may be manifested by a handwritten or 
     electronic signature.
       ``(B) Penalties.--An individual who falsely represents that 
     the individual is eligible for employment in the United 
     States in an attestation required by subparagraph (A) shall, 
     for each such violation, be subject to a fine of not more 
     than $5,000, a term of imprisonment not to exceed 3 years, or 
     both.
       ``(3) Retention of attestation.--The employer shall retain 
     a paper, microfiche, microfilm, or electronic version of the 
     attestations made under paragraph (1) and (2) and make such 
     attestations available for inspection by an officer of the 
     Department of Homeland Security, any other person designated 
     by the Secretary, the Special Counsel for Immigration-Related 
     Unfair Employment Practices of the Department of Justice, or 
     the Secretary of Labor during a period beginning on the date 
     of the hiring, or recruiting or referring for a fee, of the 
     individual and ending--
       ``(A) in the case of the recruiting or referral for a fee 
     (without hiring) of an individual, 5 years after the date of 
     the recruiting or referral; or
       ``(B) in the case of the hiring of an individual the later 
     of--
       ``(i) 5 years after the date of such hiring;
       ``(ii) 1 year after the date the individual's employment is 
     terminated; or
       ``(iii) in the case of an employer or class of employers, a 
     period that is less than the applicable period described in 
     clause (i) or (ii) if the Secretary reduces such period for 
     such employer or class of employers.
       ``(4) Document retention and recordkeeping requirements.--
       ``(A) Retention of documents.--Notwithstanding any other 
     provision of law, an employer shall retain, for the 
     applicable period described in paragraph (3), the following 
     documents:
       ``(i) In general.--The employer shall copy all documents 
     presented by an individual described in paragraph (1)(B) and 
     shall retain paper, microfiche, microfilm, or electronic 
     copies of such documents. Such copies shall be designated as 
     copied documents.
       ``(ii) Other documents.--The employer shall maintain 
     records of any action taken and copies of any correspondence 
     written or received with respect to the verification of an 
     individual's identity or eligibility for employment in the 
     United States, including a copy of the form described in 
     subsection (a)(3)(B).
       ``(B) Use of retained documents.--An employer shall use 
     copies retained under clause (i) or (ii) of subparagraph (A) 
     only for the purposes of complying with the requirements of 
     this subsection, except as otherwise permitted under law.
       ``(5) Penalties.--An employer that fails to comply with the 
     recordkeeping requirements of this subsection shall be 
     subject to the penalties described in subsection (e)(4)(B).
       ``(6) No authorization of national identification cards.--
     Nothing in this section may be construed to authorize, 
     directly or indirectly, the issuance, use, or establishment 
     of a national identification card.
       ``(d) Electronic Employment Verification System.--
       ``(1) Requirement for system.--The Secretary, in 
     cooperation with the Commissioner of Social Security, shall 
     implement an Electronic Employment Verification System 
     (referred to in this subsection as the `System') to determine 
     whether--
       ``(A) the identifying information submitted by an 
     individual is consistent with the information maintained by 
     the Secretary or the Commissioner of Social Security; and
       ``(B) such individual is eligible for employment in the 
     United States.
       ``(2) Requirement for participation.--The Secretary shall 
     require all employers in the United States to participate in 
     the System, with respect to all employees hired by the 
     employer on or after the date that is 18 months after the 
     date that funds are appropriated and made available to the 
     Secretary to implement this subsection.
       ``(3) Other participation in system.--Notwithstanding 
     paragraph (2), the Secretary has the authority--
       ``(A) to permit any employer that is not required to 
     participate in the System under paragraph (2) to participate 
     in the System on a voluntary basis; and
       ``(B) to require any employer or class of employers to 
     participate on a priority basis in the System with respect to 
     employees hired prior to, on, or after the date of enactment 
     of the Comprehensive Immigration Reform Act of 2006--
       ``(i) if the Secretary designates such employer or class of 
     employers as a critical employer based on an assessment of 
     homeland security or national security needs; or
       ``(ii) if the Secretary has reasonable cause to believe 
     that the employer has engaged in material violations of 
     paragraph (1), (2), or (3) of subsection (a).
       ``(4) Requirement to notify.--The Secretary shall notify 
     the employer or class of employers in writing regarding the 
     requirement for participation in the System under paragraph 
     (3)(B) not less than 60 days prior to the effective date of 
     such requirement. Such notice shall include the training 
     materials described in paragraph (8)(E)(v).
       ``(5) Registration of employers.--An employer shall 
     register the employer's participation in the System in the 
     manner prescribed by the Secretary prior to the date the 
     employer is required or permitted to submit information with 
     respect to an employee under this subsection.
       ``(6) Additional guidance.--A registered employer shall be 
     permitted to utilize any technology that is consistent with 
     this section and with any regulation or guidance from the 
     Secretary to streamline the procedures to facilitate 
     compliance with--
       ``(A) the attestation requirement in subsection (c); and
       ``(B) the employment eligibility veri-
     fication requirements in this subsection.
       ``(7) Consequence of failure to participate.--If an 
     employer is required to participate in the System and fails 
     to comply with the requirements of the System with respect to 
     an employee--
       ``(A) such failure shall be treated as a violation of 
     subsection (a)(1)(B); and
       ``(B) a rebuttable presumption is created that the employer 
     has violated subsection (a)(1)(A), however, such presumption 
     may not apply to a prosecution under subsection (f)(1).
       ``(8) Design and operation of system.--
       ``(A) In general.--The Secretary shall, through the 
     System--
       ``(i) respond to each inquiry made by a registered employer 
     through the Internet or other electronic media, or over a 
     toll-free telephone line regarding an individual's identity 
     and eligibility for employment in the United States; and
       ``(ii) maintain a record of each such inquiry and the 
     information provided in response to such inquiry.
       ``(B) Initial inquiry.--
       ``(i) Information required.--A registered employer shall, 
     with respect to the hiring, or recruiting or referring for a 
     fee, any individual for employment in the United States, 
     obtain from the individual and record on the form described 
     in subsection (c)(1)(A)(i)--

       ``(I) the individual's name and date of birth;
       ``(II) the individual's social security account number; and
       ``(III) in the case of an individual who does not attest 
     that the individual is a national of the United States under 
     subsection (c)(2), such alien identification or authorization 
     number that the Secretary shall require.

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

       ``(I) not later than 3 days after the date of the hiring, 
     or recruiting or referring for a fee, of the individual (as 
     the case may be); or
       ``(II) in the case of an employee hired by a critical 
     employer designated by the Secretary under paragraph (3)(B) 
     at such time as the Secretary shall specify.

       ``(C) Initial response.--Not later than 10 days after an 
     employer submits an inquiry to the System regarding an 
     individual, the Secretary shall provide, through the System, 
     to the employer--

[[Page 8986]]

       ``(i) if the System is able to confirm the individual's 
     identity and eligibility for employment in the United States, 
     a confirmation notice, including the appropriate codes on 
     such confirmation notice; or
       ``(ii) if the System is unable to confirm the individual's 
     identity or eligibility for employment in the United States, 
     and after a secondary manual verification has been conducted, 
     a tentative nonconfirmation notice, including the appropriate 
     codes on such tentative nonconfirmation notice.
       ``(D) Confirmation or nonconfirmation.--
       ``(i) Confirmation upon initial inquiry.--If an employer 
     receives a confirmation notice under paragraph (C)(i) for an 
     individual, the employer shall record, on the form described 
     in subsection (c)(1)(A)(i), the appropriate code provided in 
     such notice.
       ``(ii) Tentative nonconfirmation.--If an employer receives 
     a tentative nonconfirmation notice under paragraph (C)(ii) 
     for an individual, the employer shall inform such individual 
     of the issuance of such notice in writing, on a form 
     prescribed by the Secretary not later than 3 days after 
     receiving such notice. Such individual shall acknowledge 
     receipt of such notice in writing on the form described in 
     subsection (c)((1)(A)(i).
       ``(iii) No contest.--If the individual does not contest the 
     tentative nonconfirmation notice within 10 days of receiving 
     notice from the individual's employer, the notice shall 
     become final and the employer shall record on the form 
     described in subsection (c)(2), the appropriate code provided 
     through the System to indicate the individual did not contest 
     the tentative nonconfirmation. An individual's failure to 
     contest a tentative nonconfirmation shall not be considered 
     an admission of guilt with respect to any violation of this 
     Act or any other provision of law.
       ``(iv) Contest.--If the individual contests the tentative 
     nonconfirmation notice, the individual shall submit 
     appropriate information to contest such notice under the 
     procedures established in subparagraph (E)(iii) not later 
     than 10 days after receiving the notice from the individual's 
     employer.
       ``(v) Effective period of tentative nonconfirmation 
     notice.--A tentative nonconfirmation notice shall remain in 
     effect until such notice becomes final under clause (iii), or 
     the earlier of--

       ``(I) a final confirmation notice or final nonconfirmation 
     notice is issued through the System; or
       ``(II) 30 days after the individual contests a tentative 
     nonconfirmation under clause (iv).

       ``(vi) Automatic final notice.--

       ``(I) In general.--If a final notice is not issued within 
     the 30-day period described in clause (v)(II), the Secretary 
     shall automatically provide to the employer, through the 
     System, the appropriate code indicating a final notice.
       ``(II) Period prior to initial certification.--During the 
     period beginning on the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006 and ending on 
     the date the Secretary submits the initial report described 
     in subparagraph (E)(ii), an automatic notice issued under 
     subclause (I) shall be a final confirmation notice.
       ``(III) Period after initial certification.--After the date 
     that the Secretary submits the initial report described in 
     subparagraph (E)(ii), an automatic notice issued under 
     subclause (I) shall be a final confirmation notice unless the 
     most recent such report includes a certification that the 
     System is able to correctly issue, within the period 
     beginning on the date an employer submits an inquiry to the 
     System and ending on the date an automatic default notice 
     would be issued by the System, a final notice in at least 99 
     percent of the cases in which the notice relates to an 
     individual who is eligible for employment in the United 
     States. If the most recent such report includes such a 
     certification, the automatic notice issued under subclause 
     (I) shall be a final nonconfirmation notice.
       ``(IV) Additional authority.--Notwithstanding the second 
     sentence of subclause (III), the Secretary shall have the 
     authority to issue a final confirmation notice for an 
     individual who would be subject to a final nonconfirmation 
     notice under such sentence. In such a case, the Secretary 
     shall determine the individual's eligibility for employment 
     in the United States and record the results of such 
     determination in the System within 12 months.

       ``(vii) Effective period of final notice.--A final 
     confirmation notice issued under this paragraph for an 
     individual shall remain in effect--

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

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

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

       ``(ii) Annual report and certification.--Not later than the 
     date that is 24 months after the date of the enactment of the 
     Comprehensive Immigration Reform Act of 2006, and annually 
     thereafter, the Secretary shall submit to Congress a report 
     that includes--

       ``(I) an assessment of whether the System is able to 
     correctly issue, within the period described in subparagraph 
     (D)(v)(II), a final notice in at least 99 percent of the 
     cases in which the final notice relates to an individual who 
     is eligible for employment in the United States (excluding an 
     individual who fails to contest a tentative nonconfirmation 
     notice); and
       ``(II) if the assessment under subclause (I) is that the 
     System is able to correctly issue within the specified time 
     period a final notice in at least 99 percent of the cases 
     described in such subclause, a certification of such 
     assessment.

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

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

       ``(v) Training materials.--The Secretary shall make 
     available or provide to the employer, upon request, not later 
     than 60 days prior to such employer's participation in the 
     System, appropriate training materials to facilitate 
     compliance with this subsection, and sections 274B(a)(7) and 
     274C(a).
       ``(F) Responsibilities of the commissioner of social 
     security.--The responsibilities of the Commissioner of Social 
     Security with respect to the System are set out in section 
     205(c)(2) of the Social Security Act.
       ``(9) Protection from liability.--No employer that 
     participates in the System shall be liable under any law for 
     any employment-related action taken with respect to an 
     individual in good faith reliance on information provided by 
     the System.
       ``(10) Administrative review.--
       ``(A) In general.--An individual who is terminated from 
     employment as a result of a final nonconfirmation notice may, 
     not later than 60 days after the date of such termination, 
     file an appeal of such notice.
       ``(B) Procedures.--The Secretary and Commissioner of Social 
     Security shall develop procedures to review appeals filed 
     under subparagraph (A) and to make final determinations on 
     such appeals.
       ``(C) Review for errors.--If a final determination on an 
     appeal filed under subparagraph (A) results in a confirmation 
     of an individual's eligibility to work in the United States, 
     the administrative review process shall require the Secretary 
     to determine if the final nonconfirmation notice issued for 
     the individual was the result of--
       ``(i) an error or negligence on the part of an employee or 
     official operating or responsible for the System;

[[Page 8987]]

       ``(ii) the decision rules, processes, or procedures 
     utilized by the System; or
       ``(iii) erroneous system information that was not the 
     result of acts or omissions of the individual.
       ``(D) Compensation for error.--
       ``(i) In general.--If the Secretary makes a determination 
     under subparagraph (C) that the final confirmation notice 
     issued for an individual was not caused by an act or omission 
     of the individual, the Secretary shall take such affirmative 
     action as the Secretary determines is appropriate, which 
     shall include compensating the individual for reasonable 
     costs and attorney's fees, not to exceed $25,000, and for 
     lost wages.
       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work schedule that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost beginning on the first scheduled 
     work day after employment was terminated and ending 180 days 
     after completion of the administrative review process 
     described in this paragraph or the day after the individual 
     is reinstated or obtains employment elsewhere, whichever 
     occurs first.
       ``(E) Limitation on compensation.--For purposes of 
     determining an individual's compensation for the loss of 
     employment, such compensation shall not include any period in 
     which the individual was ineligible for employment in the 
     United States.
       ``(F) Source of funds.--Compensation or reimbursement 
     provided under this paragraph shall not be provided from 
     funds appropriated in annual appropriations Acts to the 
     Secretary for the Department of Homeland Security.
       ``(11) Judicial review.--
       ``(A) In general.--After the Secretary makes a final 
     determination on an appeal filed by an individual under the 
     administrative review process described in paragraph (10), 
     the individual may obtain judicial review of such 
     determination by a civil action commenced not later than 60 
     days after the date of such decision, or such further time as 
     the Secretary may allow.
       ``(B) Jurisdiction.--A civil action for such judicial 
     review shall be brought in the district court of the United 
     States for the judicial district in which the plaintiff 
     resides, or has a principal place of business, or, if the 
     plaintiff does not reside or have a principal place of 
     business within any such judicial district, in the District 
     Court of the United States for the District of Columbia.
       ``(C) Answer.--As part of the Secretary's answer to a 
     complaint for such judicial review, the Secretary shall file 
     a certified copy of the administrative record compiled during 
     the administrative review under paragraph (10), including the 
     evidence upon which the findings and decision complained of 
     are based. The court shall have power to enter, upon the 
     pleadings and transcript of the record, a judgment affirming 
     or reversing the result of that administrative review, with 
     or without remanding the cause for a rehearing.
       ``(D) Compensation for error.--
       ``(i) In general.--In cases in which such judicial review 
     reverses the final determination of the Secretary made under 
     paragraph (10), the court shall take appropriate affirmative 
     action, which shall include compensating the individual for 
     reasonable costs and attorney's fees, not to exceed $25,000, 
     and for lost wages.
       ``(ii) Calculation of lost wages.--Lost wages shall be 
     calculated based on the wage rate and work scheduled that 
     prevailed prior to termination. The individual shall be 
     compensated for wages lost beginning on the first scheduled 
     work day after employment was terminated and ending 180 days 
     after completion of the judicial review described in this 
     paragraph or the day after the individual is reinstated or 
     obtains employment elsewhere, whichever occurs first.
       ``(12) Limitation on collection and use of data.--
       ``(A) Limitation on collection of data.--
       ``(i) In general.--The System shall collect and maintain 
     only the minimum data necessary to facilitate the successful 
     operation of the System, and in no case shall the data be 
     other than--

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

       ``(ii) Penalties.--Any officer, employee, or contractor who 
     willfully and knowingly collects and maintains data in the 
     System other than data described in clause (i) shall be 
     guilty of a misdemeanor and fined not more than $1,000 for 
     each violation.
       ``(B) Limitation on use of data.--Whoever willfully and 
     knowingly accesses, discloses, or uses any information 
     obtained or maintained by the System--
       ``(i) for the purpose of committing identity fraud, or 
     assisting another person in committing identity fraud, as 
     defined in section 1028 of title 18, United States Code;
       ``(ii) for the purpose of unlawfully obtaining employment 
     in the United States or unlawfully obtaining employment in 
     the United States for any other person; or
       ``(iii) for any purpose other than as provided for under 
     any provision of law;
     shall be guilty of a felony and upon conviction shall be 
     fined under title 18, United States Code, or imprisoned for 
     not more than 5 years, or both.
       ``(C) Exceptions.--Nothing in subparagraph (A) or (B) may 
     be construed to limit the collection, maintenance, or use of 
     data by the Commissioner of Internal Revenue or the 
     Commissioner of Social Security as provided by law.
       ``(13) Modification authority.--The Secretary, after notice 
     is submitted to Congress and provided to the public in the 
     Federal Register, is authorized to modify the requirements of 
     this subsection with respect to completion of forms, method 
     of storage, attestations, copying of documents, signatures, 
     methods of transmitting information, and other operational 
     and technical aspects to improve the efficiency, accuracy, 
     and security of the System.
       ``(14) Annual gao study and report.--
       ``(A) Requirement.--The Comptroller General of the United 
     States shall conduct an annual study of the System.
       ``(B) Purpose.--The study shall evaluate the accuracy, 
     efficiency, integrity, and impact of the System.
       ``(C) Report.--Not later than the date that is 24 months 
     after the date of the enactment of the Comprehensive 
     Immigration Reform Act of 2006, and annually thereafter, the 
     Comptroller General shall submit to Congress a report 
     containing the findings of the study carried out under this 
     paragraph. Each such report shall include, at a minimum, the 
     following:
       ``(i) An assessment of the annual report and certification 
     described in paragraph (8)(E)(ii).
       ``(ii) An assessment of System performance with respect to 
     the rate at which individuals who are eligible for employment 
     in the United States are correctly approved within each of 
     the periods specified in paragraph (8), including a separate 
     assessment of such rate for nationals and aliens.
       ``(iii) An assessment of the privacy and security of the 
     System and its effects on identity fraud or the misuse of 
     personal data.
       ``(iv) An assessment of the effects of the System on the 
     employment of unauthorized aliens.
       ``(v) An assessment of the effects of the System, including 
     the effects of tentative confirmations, on unfair 
     immigration-related employment practices and employment 
     discrimination based on national origin or citizenship 
     status.
       ``(vi) An assessment of whether the Secretary and the 
     Commissioner of Social Security have adequate resources to 
     carry out the duties and responsibilities of this section.
       ``(e) Compliance.--
       ``(1) Complaints and investigations.--The Secretary shall 
     establish procedures--
       ``(A) for individuals and entities to file complaints 
     regarding potential violations of subsection (a);
       ``(B) for the investigation of such complaints that the 
     Secretary determines are appropriate to investigate; and
       ``(C) for the investigation of other violations of 
     subsection (a) that the Secretary determines is appropriate.
       ``(2) Authority in investigations.--
       ``(A) In general.--In conducting investigations and 
     hearings under this subsection, officers and employees of the 
     Department of Homeland Security--
       ``(i) shall have reasonable access to examine evidence 
     regarding any employer being investigated; and
       ``(ii) if designated by the Secretary, may compel by 
     subpoena the attendance of witnesses and the production of 
     evidence at any designated place in an investigation or case 
     under this subsection.
       ``(B) Failure to cooperate.--In case of refusal to obey a 
     subpoena lawfully issued under subparagraph (A)(ii), the 
     Secretary may request that the Attorney General apply in an 
     appropriate district court of the United States for an order 
     requiring compliance with such subpoena, and any failure to 
     obey such order may be punished by such court as contempt.
       ``(C) Department of labor.--The Secretary of Labor shall 
     have the investigative authority provided under section 11(a) 
     of the Fair Labor Standards Act of 1938 (29 U.S.C. 211(a)) to 
     ensure compliance with the provisions of this section.
       ``(3) Compliance procedures.--
       ``(A) Prepenalty notice.--If the Secretary has reasonable 
     cause to believe that there has been a violation of a 
     requirement of this section and determines that further 
     proceedings related to such violation are warranted, the 
     Secretary shall issue to the employer concerned a written 
     notice of the Secretary's intention to issue a claim for a 
     fine or other penalty. Such notice shall--
       ``(i) describe the violation;
       ``(ii) specify the laws and regulations allegedly violated;

[[Page 8988]]

       ``(iii) specify the amount of fines or other penalties to 
     be imposed;
       ``(iv) disclose the material facts which establish the 
     alleged violation; and
       ``(v) inform such employer that the employer shall have a 
     reasonable opportunity to make representations as to why a 
     claim for a monetary or other penalty should not be imposed.
       ``(B) Remission or mitigation of penalties.--
       ``(i) Review by secretary.--If the Secretary determines 
     that such fine or other penalty was incurred erroneously, or 
     determines the existence of such mitigating circumstances as 
     to justify the remission or mitigation of such fine or 
     penalty, the Secretary may remit or mitigate such fine or 
     other penalty on the terms and conditions as the Secretary 
     determines are reasonable and just, or order termination of 
     any proceedings related to the notice.
       ``(ii) Applicability.--This subparagraph may not apply to 
     an employer that has or is engaged in a pattern or practice 
     of violations of paragraph (1), (2), or (3) of subsection (a) 
     or of any other requirements of this section.
       ``(C) Penalty claim.--After considering evidence and 
     representations offered by the employer, the Secretary shall 
     determine whether there was a violation and promptly issue a 
     written final determination setting forth the findings of 
     fact and conclusions of law on which the determination is 
     based and the appropriate penalty.
       ``(4) Civil penalties.--
       ``(A) Hiring or continuing to employ unauthorized aliens.--
     Any employer that violates any provision of paragraph (1), 
     (2), or (3) of subsection (a) shall pay civil penalties as 
     follows:
       ``(i) Pay a civil penalty of not less than $500 and not 
     more than $4,000 for each unauthorized alien with respect to 
     each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     during the 12-month period preceding the violation under this 
     subparagraph, pay a civil penalty of not less than $4,000 and 
     not more than $10,000 for each unauthorized alien with 
     respect to each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time during the 24-month period preceding the violation 
     under this subparagraph or has failed to comply with a 
     previously issued and final order related to any such 
     provision, pay a civil penalty of not less than $6,000 and 
     not more than $20,000 for each unauthorized alien with 
     respect to each such violation.
       ``(B) Recordkeeping or verification practices.--Any 
     employer that violates or fails to comply with the 
     recordkeeping requirements of subsections (a), (c), and (d), 
     shall pay a civil penalty as follows:
       ``(i) Pay a civil penalty of not less than $200 and not 
     more than $2,000 for each such violation.
       ``(ii) If the employer has previously been fined 1 time 
     during the 12-month period preceding the violation under this 
     subparagraph, pay a civil penalty of not less than $400 and 
     not more than $4,000 for each such violation.
       ``(iii) If the employer has previously been fined more than 
     1 time during the 24-month period preceding the violation 
     under this subparagraph or has failed to comply with a 
     previously issued and final order related to such 
     requirements, pay a civil penalty of not less than $600 and 
     not more than $6,000 for each such violation.
       ``(C) Other penalties.--Notwithstanding subparagraphs (A) 
     and (B), the Secretary may impose additional penalties for 
     violations, including violations of cease and desist orders, 
     specially designed compliance plans to prevent further 
     violations, suspended fines to take effect in the event of a 
     further violation, and in appropriate cases, the criminal 
     penalty described in subsection (f).
       ``(5) Judicial review.--An employer adversely affected by a 
     final determination may, within 45 days after the date the 
     final determination is issued, file a petition in any 
     appropriate district court of the United States. The filing 
     of a petition as provided in this paragraph shall stay the 
     Secretary's determination until entry of judgment by the 
     court. The burden shall be on the employer to show that the 
     final determination was not supported by substantial 
     evidence. The Secretary is authorized to require that the 
     petitioner provide, prior to filing for review, security for 
     payment of fines and penalties through bond or other 
     guarantee of payment acceptable to the Secretary.
       ``(6) Enforcement of orders.--If an employer fails to 
     comply with a final determination issued against that 
     employer under this subsection, and the final determination 
     is not subject to review as provided in paragraph (5), the 
     Attorney General may file suit to enforce compliance with the 
     final determination, not earlier than 46 days and not later 
     than 180 days after the date the final determination is 
     issued, in any appropriate district court of the United 
     States. In any such suit, the validity and appropriateness of 
     the final determination shall not be subject to review.
       ``(7) Recovery of costs and attorney's fees.--In any appeal 
     brought under paragraph (5) or suit brought under paragraph 
     (6) of this section the employer shall be entitled to recover 
     from the Secretary reasonable costs and attorney's fees if 
     such employer substantially prevails on the merits of the 
     case. Such an award of attorney's fees may not exceed 
     $25,000. Any such costs and attorney's fees assessed against 
     the Secretary shall be charged against the operating expenses 
     of the Department for the fiscal year in which the assessment 
     is made, and may not be reimbursed from any other source.
       ``(f) Criminal Penalties and Injunctions for Pattern or 
     Practice Violations.--
       ``(1) Criminal penalty.--An employer that engages in a 
     pattern or practice of knowing violations of subsection 
     (a)(1)(A) or (a)(2) shall be fined not more than $20,000 for 
     each unauthorized alien with respect to whom such a violation 
     occurs, imprisoned for not more than 3 years for the entire 
     pattern or practice, or both.
       ``(2) Enjoining of pattern or practice violations.--If the 
     Secretary or the Attorney General has reasonable cause to 
     believe that an employer is engaged in a pattern or practice 
     of employment, recruitment, or referral in violation of 
     paragraph (1)(A) or (2) of subsection (a), the Attorney 
     General may bring a civil action in the appropriate district 
     court of the United States requesting a permanent or 
     temporary injunction, restraining order, or other order 
     against the employer, as the Secretary deems necessary.
       ``(g) Adjustment for Inflation.--All penalties and 
     limitations on the recovery of costs and attorney's fees in 
     this section shall be increased every 4 years beginning 
     January 2010 to reflect the percentage increase in the 
     consumer price index for all urban consumers (all items; U.S. 
     city average) for the 48 month period ending with September 
     of the year preceding the year such adjustment is made. Any 
     adjustment under this subparagraph shall be rounded to the 
     nearest dollar.
       ``(h) Prohibition of Indemnity Bonds.--
       ``(1) Prohibition.--It is unlawful for an employer, in the 
     hiring, recruiting, or referring for a fee, of an individual, 
     to require the individual to post a bond or security, to pay 
     or agree to pay an amount, or otherwise to provide a 
     financial guarantee or indemnity, against any potential 
     liability arising under this section relating to such hiring, 
     recruiting, or referring of the individual.
       ``(2) Civil penalty.--Any employer which is determined, 
     after notice and opportunity for mitigation of the monetary 
     penalty under subsection (e), to have violated paragraph (1) 
     of this subsection shall be subject to a civil penalty of 
     $10,000 for each violation and to an administrative order 
     requiring the return of any amounts received in violation of 
     such paragraph to the employee or, if the employee cannot be 
     located, to the Employer Compliance Fund established under 
     section 286(w).
       ``(i) Prohibition on Award of Government Contracts, Grants, 
     and Agreements.--
       ``(1) Employers with no contracts, grants, or agreements.--
       ``(A) In general.--If an employer who does not hold a 
     Federal contract, grant, or cooperative agreement is 
     determined by the Secretary to be a repeat violator of this 
     section or is convicted of a crime under this section, the 
     employer shall be debarred from the receipt of a Federal 
     contract, grant, or cooperative agreement for a period of 5 
     years. The Secretary or the Attorney General shall advise the 
     Administrator of General Services of such a debarment, and 
     the Administrator of General Services shall list the employer 
     on the List of Parties Excluded from Federal Procurement and 
     Nonprocurement Programs for a period of 5 years.
       ``(B) Waiver.--The Administrator of General Services, in 
     consultation with the Secretary and the Attorney General, may 
     waive operation of this subsection or may limit the duration 
     or scope of the debarment.
       ``(2) Employers with contracts, grants, or agreements.--
       ``(A) In general.--An employer who holds a Federal 
     contract, grant, or cooperative agreement and is determined 
     by the Secretary to be a repeat violator of this section or 
     is convicted of a crime under this section, shall be debarred 
     from the receipt of new Federal contracts, grants, or 
     cooperative agreements for a period of 5 years.
       ``(B) Notice to agencies.--Prior to debarring the employer 
     under subparagraph (A), the Secretary, in cooperation with 
     the Administrator of General Services, shall advise any 
     agency or department holding a contract, grant, or 
     cooperative agreement with the employer of the Government's 
     intention to debar the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 5 years.
       ``(C) Waiver.--After consideration of the views of any 
     agency or department that holds a contract, grant, or 
     cooperative agreement with the employer, the Secretary may, 
     in lieu of debarring the employer from the receipt of new 
     Federal contracts, grants, or cooperative agreements for a 
     period of 5 years, waive operation of this subsection, limit 
     the duration or scope of the debarment, or may refer to an 
     appropriate lead agency the decision of whether to debar the 
     employer, for what duration, and under what scope in 
     accordance with the procedures and standards prescribed by 
     the Federal Acquisition Regulation. However, any proposed 
     debarment predicated on an administrative determination of 
     liability for civil penalty by the Secretary or the Attorney 
     General shall

[[Page 8989]]

     not be reviewable in any debarment proceeding. The decision 
     of whether to debar or take alternate action under this 
     subparagraph shall not be judicially reviewed.
       ``(3) Suspension.--Indictments for violations of this 
     section or adequate evidence of actions that could form the 
     basis for debarment under this subsection shall be considered 
     a cause for suspension under the procedures and standards for 
     suspension prescribed by the Federal Acquisition Regulation.
       ``(j) Miscellaneous Provisions.--
       ``(1) Documentation.--In providing documentation or 
     endorsement of authorization of aliens eligible to be 
     employed in the United States, the Secretary shall provide 
     that any limitations with respect to the period or type of 
     employment or employer shall be conspicuously stated on the 
     documentation or endorsement (other than aliens lawfully 
     admitted for permanent residence).
       ``(2) Preemption.--The provisions of this section preempt 
     any State or local law imposing civil or criminal sanctions 
     (other than through licensing and similar laws) upon those 
     who employ, or recruit or refer for a fee for employment, 
     unauthorized aliens.
       ``(k) Deposit of Amounts Received.--Except as otherwise 
     specified, civil penalties collected under this section shall 
     be deposited by the Secretary into the Employer Compliance 
     Fund established under section 286(w).
       ``(l) Definitions.--In this section:
       ``(1) Employer.--The term `employer' means any person or 
     entity, including any entity of the Government of the United 
     States, hiring, recruiting, or referring an individual for 
     employment in the United States.
       ``(2) Secretary.--Except as otherwise provided, the term 
     `Secretary' means the Secretary of Homeland Security.
       ``(3) Unauthorized alien.--The term `unauthorized alien' 
     means, with respect to the employment of an alien at a 
     particular time, that the alien is not at that time either--
       ``(A) an alien lawfully admitted for permanent residence; 
     or
       ``(B) authorized to be so employed by this Act or by the 
     Secretary.''.
       (b) Conforming Amendments.--
       (1) Amendments.--
       (A) Repeal of basic pilot.--Sections 401, 402, 403, 404, 
     and 405 of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (division C of Public Law 104-208; 
     8 U.S.C. 1324a note) are repealed.
       (B) Repeal of reporting requirements.--
       (i) Report on earnings of aliens not authorized to work.--
     Subsection (c) of section 290 (8 U.S.C. 1360) is repealed.
       (ii) Report on fraudulent use of social security account 
     numbers.--Subsection (b) of section 414 of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (division C of Public Law 104-208; 8 U.S.C. 1360 note) is 
     repealed.
       (2) Construction.--Nothing in this subsection or in 
     subsection (d) of section 274A, as amended by subsection (a), 
     may be construed to limit the authority of the Secretary to 
     allow or continue to allow the participation of employers who 
     participated in the basic pilot program under sections 401, 
     402, 403, 404, and 405 of the Illegal Immigration Reform and 
     Immigrant Responsibility Act of 1996 (division C of Public 
     Law 104-208; 8 U.S.C. 1324a note) in the Electronic 
     Employment Verification System established pursuant to such 
     subsection (d).
       (c) Technical Amendments.--
       (1) Definition of unauthorized alien.--Sections 218(i)(1) 
     (8 U.S.C. 1188(i)(1)), 245(c)(8) (8 U.S.C. 1255(c)(8)), 
     274(a)(3)(B)(i) (8 U.S.C. 1324(a)(3)(B)(i)), and 274B(a)(1) 
     (8 U.S.C. 1324b(a)(1)) are amended by striking ``274A(h)(3)'' 
     and inserting ``274A''.
       (2) Document requirements.--Section 274B (8 U.S.C. 1324b) 
     is amended--
       (A) in subsections (a)(6) and (g)(2)(B), by striking 
     ``274A(b)'' and inserting ``274A(d)''; and
       (B) in subsection (g)(2)(B)(ii), by striking ``274A(b)(5)'' 
     and inserting ``274A(d)''.
       (d) Amendments to the Social Security Act.--Section 
     205(c)(2) of the Social Security Act (42 U.S.C. 405(c)(2)) is 
     amended by adding at the end the following new subparagraphs:
       ``(I)(i) The Commissioner of Social Security shall, subject 
     to the provisions of section 301(f)(2) of the Comprehensive 
     Immigration Reform Act of 2006, establish a reliable, secure 
     method to provide through the Electronic Employment 
     Verification System established pursuant to subsection (d) of 
     section 274A of the Immigration and Nationality Act (referred 
     to in this subparagraph as the `System'), within the time 
     periods required by paragraph (8) of such subsection--
       ``(I) a determination of whether the name, date of birth, 
     and social security account number of an individual provided 
     in an inquiry made to the System by an employer is consistent 
     with such information maintained by the Commissioner in order 
     to confirm the validity of the information provided;
       ``(II) determination of the citizenship status associated 
     with such name and social security account number, according 
     to the records maintained by the Commissioner;
       ``(III) a determination of whether the name and number 
     belongs to an individual who is deceased, according to the 
     records maintained by the Commissioner;
       ``(IV) a determination of whether the name and number is 
     blocked in accordance with clause (ii); and
       ``(V) a confirmation notice or a nonconfirmation notice 
     described in such paragraph (8), in a manner that ensures 
     that other information maintained by the Commissioner is not 
     disclosed or released to employers through the System.
       ``(ii) The Commissioner of Social Security shall prevent 
     the fraudulent or other misuse of a social security account 
     number by establishing procedures under which an individual 
     who has been assigned a social security account number may 
     block the use of such number under the System and remove such 
     block.
       ``(J) In assigning social security account numbers to 
     aliens who are authorized to work in the United States under 
     section 218A of the Immigration and Nationality Act, the 
     Commissioner of Social Security shall, to the maximum extent 
     practicable, assign such numbers by employing the enumeration 
     procedure administered jointly by the Commissioner, the 
     Secretary of State, and the Secretary.''.
       (e) Disclosure of Certain Taxpayer Identity Information.--
       (1) In general.--Section 6103(l) of the Internal Revenue 
     Code of 1986 is amended by adding at the end the following 
     new paragraph:
       ``(21) Disclosure of certain taxpayer identity information 
     by social security administration to department of homeland 
     security.--
       ``(A) In general.--From taxpayer identity information which 
     has been disclosed to the Social Security Administration and 
     upon written request by the Secretary of Homeland Security, 
     the Commissioner of Social Security shall disclose directly 
     to officers, employees, and contractors of the Department of 
     Homeland Security the following information:
       ``(i) Disclosure of employer no-match notices.--Taxpayer 
     identity information of each person who has filed an 
     information return required by reason of section 6051 during 
     calendar year 2006, 2007, or 2008 which contains--

       ``(I) more than 100 names and taxpayer identifying numbers 
     of employees (within the meaning of such section) that did 
     not match the records maintained by the Commissioner of 
     Social Security, or
       ``(II) more than 10 names of employees (within the meaning 
     of such section) with the same taxpayer identifying number.

       ``(ii) Disclosure of information regarding use of duplicate 
     employee taxpayer identifying information.--Taxpayer identity 
     information of each person who has filed an information 
     return required by reason of section 6051 which the 
     Commissioner of Social Security has reason to believe, based 
     on a comparison with information submitted by the Secretary 
     of Homeland Security, contains evidence of identity fraud due 
     to the multiple use of the same taxpayer identifying number 
     (assigned under section 6109) of an employee (within the 
     meaning of section 6051).
       ``(iii) Disclosure of information regarding 
     nonparticipating employers.--Taxpayer identity information of 
     each person who has filed an information return required by 
     reason of section 6051 which the Commissioner of Social 
     Security has reason to believe, based on a comparison with 
     information submitted by the Secretary of Homeland Security, 
     contains evidence of such person's failure to register and 
     participate in the Electronic Employment Verification System 
     authorized under section 274A(d) of the Immigration and 
     Nationality Act (hereafter in this paragraph referred to as 
     the `System').
       ``(iv) Disclosure of information regarding new employees of 
     nonparticipating employers.--Taxpayer identity information of 
     all employees (within the meaning of section 6051) hired 
     after the date a person identified in clause (iii) is 
     required to participate in the System under section 
     274A(d)(2) or section 274A(d)(3)(B) of the Immigration and 
     Nationality Act.
       ``(v) Disclosure of information regarding employees of 
     certain designated employers.--Taxpayer identity information 
     of all employees (within the meaning of section 6051) of each 
     person who is required to participate in the System under 
     section 274A(d)(3)(B) of the Immigration and Nationality Act.
       ``(vi) Disclosure of new hire taxpayer identity 
     information.--Taxpayer identity information of each person 
     participating in the System and taxpayer identity information 
     of all employees (within the meaning of section 6051) of such 
     person hired during the period beginning with the later of--

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

     ending with the date of the most recent request under this 
     clause.
       ``(B) Restriction on disclosure.--The Commissioner of 
     Social Security shall disclose taxpayer identity information 
     under subparagraph (A) only for purposes of, and to the 
     extent necessary in--

[[Page 8990]]

       ``(i) establishing and enforcing employer participation in 
     the System,
       ``(ii) carrying out, including through civil administrative 
     and civil judicial proceedings, of sections 212, 217, 235, 
     237, 238, 274A, 274B, and 274C of the Immigration and 
     Nationality Act, and
       ``(iii) the civil operation of the Alien Terrorist Removal 
     Court.
       ``(C) Reimbursement.--The Commissioner of Social Security 
     shall prescribe a reasonable fee schedule for furnishing 
     taxpayer identity information under this paragraph and 
     collect such fees in advance from the Secretary of Homeland 
     Security.
       ``(D) Termination.--This paragraph shall not apply to any 
     request made after the date which is 3 years after the date 
     of the enactment of this paragraph.''.
       (2) Compliance by dhs contractors with confidentiality 
     safeguards.--
       (A) In general.--Section 6103(p) of such Code is amended by 
     adding at the end the following new paragraph:
       ``(9) Disclosure to dhs contractors.--Notwithstanding any 
     other provision of this section, no return or return 
     information shall be disclosed to any contractor of the 
     Department of Homeland Security unless such Department, to 
     the satisfaction of the Secretary--
       ``(A) has requirements in effect which require each such 
     contractor which would have access to returns or return 
     information to provide safeguards (within the meaning of 
     paragraph (4)) to protect the confidentiality of such returns 
     or return information,
       ``(B) agrees to conduct an on-site review every 3 years 
     (mid-point review in the case of contracts or agreements of 
     less than 1 year in duration) of each contractor to determine 
     compliance with such requirements,
       ``(C) submits the findings of the most recent review 
     conducted under subparagraph (B) to the Secretary as part of 
     the report required by paragraph (4)(E), and
       ``(D) certifies to the Secretary for the most recent annual 
     period that such contractor is in compliance with all such 
     requirements.

     The certification required by subparagraph (D) shall include 
     the name and address of each contractor, a description of the 
     contract or agreement with such contractor, and the duration 
     of such contract or agreement.''.
       (3) Conforming amendments.--
       (A) Section 6103(a)(3) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (B) Section 6103(p)(3)(A) of such Code is amended by adding 
     at the end the following new sentence: ``The Commissioner of 
     Social Security shall provide to the Secretary such 
     information as the Secretary may require in carrying out this 
     paragraph with respect to return information inspected or 
     disclosed under the authority of subsection (l)(21).''.
       (C) Section 6103(p)(4) of such Code is amended--
       (i) by striking ``or (17)'' both places it appears and 
     inserting ``(17), or (21)'', and
       (ii) by striking ``or (20)'' each place it appears and 
     inserting ``(20), or (21)''.
       (D) Section 6103(p)(8)(B) of such Code is amended by 
     inserting ``or paragraph (9)'' after ``subparagraph (A)''.
       (E) Section 7213(a)(2) of such Code is amended by striking 
     ``or (20)'' and inserting ``(20), or (21)''.
       (f) Authorization of Appropriations.--
       (1) In general.--There are authorized to be appropriated to 
     the Secretary such sums as are necessary to carry out the 
     amendments made by this section.
       (2) Limitation on verification responsibilities of 
     commissioner of social security.--The Commissioner of Social 
     Security is authorized to perform activities with respect to 
     carrying out the Commissioner's responsibilities in this 
     title or the amendments made by this title, but only to the 
     extent the Secretary has provided, in advance, funds to cover 
     the Commissioner's full costs in carrying out such 
     responsibilities. In no case shall funds from the Federal 
     Old-Age and Survivors Insurance Trust Fund or the Federal 
     Disability Insurance Trust Fund be used to carry out such 
     responsibilities.
       (g) Effective Dates.--
       (1) In general.--The amendments made by subsections (a), 
     (b), (c), and (d) shall take effect on the date that is 180 
     days after the date of the enactment of this Act.
       (2) Subsection (e).--
       (A) In general.--The amendments made by subsection (e) 
     shall apply to disclosures made after the date of the 
     enactment of this Act.
       (B) Certifications.--The first certification under section 
     6103(p)(9)(D) of the Internal Revenue Code of 1986, as added 
     by subsection (e)(2), shall be made with respect to calendar 
     year 2007.

     SEC. 302. EMPLOYER COMPLIANCE FUND.

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

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

       (a) Increase in Number of Personnel.--The Secretary shall, 
     subject to the availability of appropriations for such 
     purpose, annually increase, by not less than 2,200, the 
     number of personnel of the Bureau of Immigration and Customs 
     Enforcement during the 5-year period beginning on the date of 
     the enactment of this Act.
       (b) Use of Personnel.--The Secretary shall ensure that not 
     less than 25 percent of all the hours expended by personnel 
     of the Bureau of Immigration and Customs Enforcement shall be 
     used to enforce compliance with sections 274A and 274C of the 
     Immigration and Nationality Act (8 U.S.C. 1324a and 1324c).
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated to the Secretary for each of the fiscal 
     years 2007 through 2011 such sums as may be necessary to 
     carry out this section.

     SEC. 304. CLARIFICATION OF INELIGIBILITY FOR 
                   MISREPRESENTATION.

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

     SEC. 305. ANTIDISCRIMINATION PROTECTIONS.

       (a) Application of Prohibition of Discrimination to 
     Verification System.--Section 274B(a)(1) (8 U.S.C. 
     1324b(a)(1)) is amended by inserting ``, the verification of 
     the individual's work authorization through the Electronic 
     Employment Verification System described in section 
     274A(d),'' after ``the individual for employment''.
       (b) Classes of Aliens as Protected Individuals.--Section 
     274B(a)(3)(B) (8 U.S.C. 1324b(a)(3)(B)) is amended to read as 
     follows:
       ``(B) is an alien who is--
       ``(i) lawfully admitted for permanent residence;
       ``(ii) granted the status of an alien lawfully admitted for 
     temporary residence under section 210(a) or 245(a)(1);
       ``(iii) admitted as a refugee under section 207;
       ``(iv) granted asylum under section 208;
       ``(v) granted the status of a nonimmigrant under section 
     101(a)(15)(H)(ii)(c);
       ``(vi) granted temporary protected status under section 
     244; or
       ``(vii) granted parole under section 212(d)(5).''.
       (c) Requirements for Electronic Employment Verification.--
     Section 274B(a) (8 U.S.C. 1324b(a)) is amended by adding at 
     the end the following:
       ``(7) Antidiscrimination requirements of the electronic 
     employment verification system.--It is an unfair immigration-
     related employment practice for a person or other entity, in 
     the course of the electronic verification process described 
     in section 274A(d)--
       ``(A) to terminate or undertake any adverse employment 
     action due to a tentative nonconfirmation;
       ``(B) to use the verification system for screening of an 
     applicant prior to an offer of employment;
       ``(C) except as described in section 274A(d)(3)(B), to use 
     the verification system for a current employee after the 
     first 3 days of employment, or for the reverification of an 
     employee after the employee has satisfied the process 
     described in section 274A(d); or
       ``(D) to require an individual to make an inquiry under the 
     self-verification procedures established in section 
     274A(d)(8)(E)(iii).''.
       (d) Increase in Civil Money Penalties.--Section 274B(g)(2) 
     (8 U.S.C. 1324b(g)(2)) is amended--
       (1) in subparagraph (B)(iv)--
       (A) in subclause (I), by striking ``$250 and not more than 
     $2,000'' and inserting ``$1,000 and not more than $4,000'';
       (B) in subclause (II), by striking ``$2,000 and not more 
     than $5,000'' and inserting ``$4,000 and not more than 
     $10,000'';
       (C) in subclause (III), by striking ``$3,000 and not more 
     than $10,000'' and inserting ``$6,000 and not more than 
     $20,000''; and
       (D) in subclause (IV), by striking ``$100 and not more than 
     $1,000'' and inserting ``$500 and not more than $5,000''.
       (e) Increased Funding of Information Campaign.--Section 
     274B(l)(3) (8 U.S.C. 1324b(l)(3)) is amended by inserting 
     ``and an additional $40,000,000 for each of fiscal years 2007 
     through 2009'' before the period at the end.
       (f) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act 
     and shall apply to violations occurring on or after such 
     date.
                                 ______
                                 
  SA 4100. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:


[[Page 8991]]

       On page 540, strike line 11 and all that follows through 
     page 549, line 25.
                                 ______
                                 
  SA 4101. Mrs. HUTCHISON (for herself and Mr. Bond) submitted an 
amendment intended to be proposed by her to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       On page 313, after line 22, add the following:

      Subtitle C--Secure Authorized Foreign Employee Visa Program

     SEC. 441. ADMISSION OF TEMPORARY GUEST WORKERS.

       (a) In General.--Chapter 2 of title II (8 U.S.C. 1181 et 
     seq.), as amended by this title and title VI, is further 
     amended by inserting after section 218 the following:

     ``SEC. 218I. SECURE AUTHORIZED FOREIGN EMPLOYEE (SAFE) VISA 
                   PROGRAM.

       ``(a) Authorization.--Not later than 1 year after the date 
     of the enactment of this Act, the Secretary of State shall, 
     subject to the numeric limits under subsection (i), award a 
     SAFE visa to each alien who is a national of a NAFTA or 
     CAFTA-DR country and who meets the requirements under 
     subsection (b), to perform services in the United States in 
     accordance with this section.
       ``(b) Requirements for Admission.--An alien is eligible for 
     a SAFE visa if the alien--
       ``(1) has a residence in a NAFTA or CAFTA-DR country, which 
     the alien has no intention of abandoning;
       ``(2) applies for an initial SAFE visa while in the alien's 
     country of nationality;
       ``(3) establishes that the alien has received a job offer 
     from an employer who has complied with the requirements under 
     subsection (c);
       ``(4) undergoes a medical examination (including a 
     determination of immunization status), at the alien's 
     expense, that conforms to generally accepted standards of 
     medical practice;
       ``(5) passes all appropriate background checks, as 
     determined by the Secretary of Homeland Security;
       ``(6) submits a completed application, on a form designed 
     by the Secretary of Homeland Security; and
       ``(7) pays a visa issuance fee, in an amount determined by 
     the Secretary of State to be equal to not less than the cost 
     of processing and adjudicating such application.
       ``(c) Employer Responsibilities.--An employer seeking to 
     hire a national of a NAFTA or CAFTA-DR country under this 
     section shall--
       ``(1) submit a request to the Secretary of Labor for a 
     certification under subsection (d) that there is a shortage 
     of workers in the occupational classification and geographic 
     area for which the foreign worker is sought;
       ``(2) submit to each foreign worker a written employment 
     offer that sets forth the rate of pay at a rate that is not 
     less than the greater of--
       ``(A) the prevailing wage for such occupational 
     classification in such geographic area; or
       ``(B) the applicable minimum wage in the State in which the 
     worker will be employed;
       ``(3) provide the foreign worker one-time transportation 
     from the country of origin to the place of employment and 
     from the place of employment to the country of origin, the 
     cost of which may be deducted from the worker's pay under an 
     employment agreement; and
       ``(4) withhold and remit appropriate payroll deductions to 
     the Internal Revenue Service.
       ``(d) Labor Certification.--Upon receiving a request from 
     an employer under subsection (c)(1), the Secretary of Labor 
     shall--
       ``(1) determine if there are sufficient United States 
     workers who are able, willing, qualified, and available to 
     fill the position in which the alien is, or will be employed, 
     based on the national unemployment rate and the number of 
     workers needed in the occupational classification and 
     geographic area for which the foreign worker is sought; and
       ``(2) if the Secretary determines under paragraph (1) that 
     there are insufficient United States workers, provide the 
     employer with labor shortage certification for the 
     occupational classification for which the worker is sought.
       ``(e) Period of Authorized Admission.--
       ``(1) Duration.--A SAFE visa worker may remain in the 
     United States for not longer than 10 months during the 12-
     month period for which the visa is issued.
       ``(2) Renewal.--A SAFE visa may be renewed for additional 
     10-month work periods under the requirements described in 
     this section.
       ``(3) Visits outside united states.--Under regulations 
     established by the Secretary of Homeland Security, a SAFE 
     visa worker--
       ``(A) may travel outside of the United States; and
       ``(B) may be readmitted without having to obtain a new visa 
     if the period of authorized admission has not expired.
       ``(4) Loss of employment.--The period of authorized 
     admission under this section shall terminate if the SAFE visa 
     worker is unemployed for 60 or more consecutive days. Any 
     SAFE visa worker whose period of authorized admission 
     terminates under this paragraph shall be required to leave 
     the United States.
       ``(5) Return to country of origin.--A SAFE visa worker may 
     not apply for lawful permanent residence or any other visa 
     category until the worker has relinquished the SAFE visa and 
     returned to the worker's country of origin.
       ``(6) Failure to comply.--If a SAFE visa worker fails to 
     comply with the terms of the SAFE visa, the worker will be 
     permanently ineligible for the SAFE visa program.
       ``(f) Evidence of Nonimmigrant Status.--Each SAFE visa 
     worker shall be issued a SAFE visa card, which--
       ``(1) shall be machine-readable, tamper-resistant, and 
     allow for biometric authentication;
       ``(2) shall be designed in consultation with the Forensic 
     Document Laboratory of the Bureau of Immigration and Customs 
     Enforcement; and
       ``(3) shall, during the alien's authorized period of 
     admission under subsection (e), serve as a valid entry 
     document for the purpose of entering the United States.
       ``(g) Social Services.--
       ``(1) In general.--SAFE visa workers are not eligible for 
     Federal, State, or local government-sponsored social 
     services.
       ``(2) Social security.--Upon request, a SAFE visa worker 
     shall receive the total employee portion of the Social 
     Security contributions withheld from the worker's pay. Any 
     worker who receives such contributions shall be permanently 
     ineligible to renew a SAFE visa under subsection (e)(2).
       ``(3) Medicare.--Amounts withheld from the SAFE visa 
     workers' pay for Medicare contributions shall be used to pay 
     for uncompensated emergency health care provided to 
     noncitizens.
       ``(h) Permanent Residence; Citizenship.--Nothing in this 
     section shall be construed to provide a SAFE visa worker with 
     eligibility to apply for legal permanent residence or a path 
     towards United States citizenship.
       ``(i) Numerical Limits.--
       ``(1) Annual limits.--Except as provided under paragraphs 
     (2) and (3), the number of SAFE visas authorized under this 
     section shall not exceed 200,000 per fiscal year.
       ``(2) Waiver.--The President may waive the limit under 
     paragraph (1) for a specific fiscal year by certifying that 
     additional foreign workers are needed in that fiscal year.
       ``(3) Incremental adjustments.--If the President certifies 
     that additional foreign workers are needed in a specific 
     year, the Secretary of State may increase the number of SAFE 
     visas available in that fiscal year by the number of 
     additional workers certified under paragraph (2).
       ``(4) Congressional oversight.--The President shall 
     transmit to Congress all certifications authorized in this 
     section.
       ``(5) Allocation of safe visas during a fiscal year.--Not 
     more than 50 percent of the total number of SAFE visas 
     available in each fiscal year may be allocated to aliens who 
     will enter the United States pursuant to such visa during the 
     first 6 months of such fiscal year.
       ``(j) Savings Provision.--Nothing in this section shall be 
     construed to affect any other visa program authorized by 
     Federal law.
       ``(k) Reporting Requirement.--Not later than 3 years after 
     the implementation of the SAFE visa program, the President 
     shall submit a detailed report to Congress on the status of 
     the program, including the number of visas issued and the 
     feasibility of expanding the program.
       ``(l) Definitions.--In this section:
       ``(1) NAFTA or cafta-dr country.--The term `NAFTA or CAFTA-
     DR country' means any country (except for the United States) 
     that has signed the North American Free Trade Agreement or 
     the Central America-Dominican Republic-United States Free 
     Trade Agreement.
       ``(2) SAFE visa.--The term `SAFE visa' means a visa 
     authorized under this section.''.
       (b) Clerical Amendment.--The table of contents (8 U.S.C. 
     1101) is amended by inserting after the item relating to 
     section 218H, as added by section 615, the following:

``Sec. 218I. Secure Authorized Foreign Employee Visa Program.''.
                                 ______
                                 
  SA 4102. Mr. SCHUMER (for himself and Mr. Menendez) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. PUBLIC ACCESS TO THE STATUE OF LIBERTY.

       Not later than 60 days after the date of the enactment of 
     this Act, the Secretary of the Interior shall ensure that all 
     persons who satisfy reasonable and appropriate security 
     measures shall have full access to the public areas of the 
     Statue of Liberty, including the crown and the stairs leading 
     thereto.
                                 ______
                                 
  SA 4103. Mr. LEAHY (for himself, Mr. Coleman, Mr. Lieberman, Mr. 
Kennedy, Mr. Chafee, Mr. Harkin, and Mr. Bingaman) submitted an 
amendment intended to be proposed by him to the bill S. 2611, to 
provide for comprehensive immigration reform and for other

[[Page 8992]]

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

       On page 65, line 24, strike ``f'' and insert the following;
       (f) Terrorist Organizations.--
       (1) Definitions.--Section 212(a)(3)(B)(vi) (8 U.S.C. 
     1182(a)(3)(B)(vi)) is amended by striking subclause (III) and 
     inserting the following:
       ``(III) that is a group of two or more individuals, whether 
     organized or not, which engages in, or has a subgroup which 
     engages in, the activities described in subclauses (I) 
     through (VI) of clause (iv), and that these activities 
     threaten the security of United States nationals or the 
     national security of the United States.
       ``(vii) Applicability.--Clause (iv)(VI) shall not apply 
     to--
       ``(I) any active or former member of the Armed Forces of 
     the United States with regard to activities undertaken in the 
     course of official military duties; or
       ``(II) any alien determined not to be a threat to the 
     security of United Stales nationals or the national security 
     of the United States and who is not otherwise inadmissible on 
     security related grounds under this subparagraph.''.
       (2) Temporary admission of non-immigrants.--Section 
     212(d)(3)(B)(i) (8 U.S.C. 1182(d)(3)(B)(i)) is amended to 
     read as follows:
       ``(i) The Secretary of State, after consultation with the 
     Attorney General and the Secretary of Homeland Security, or 
     the Secretary of Homeland Security, after consultation with 
     the Secretary of State and the Attorney General, may conclude 
     in such Secretary's sole unreviewable discretion that 
     subclause (IV)(bb), (VI), or (VII) of subsection (a)(3)(B)(i) 
     shall not apply to an alien, that subsection 
     (a)(3)(B)(iv)(VI) shall not apply with respect to any 
     material support an alien afforded to an organization (or its 
     members) or individual that has engage in a terrorist 
     activity, or that subsection (a)(3)(B)(vi)(III) shall not 
     apply to a group, or to a subgroup of such group, within the 
     scope of that subsection. The Secretary of State may not, 
     however, exercise discretion under this clause with respect 
     to an alien once removal proceedings against the alien are 
     instituted under section 240.''.
       (g)
                                 ______
                                 
  SA 4104. Mr. SALAZAR submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, of subtitle A of title I, insert the following:

     SEC. __. NATIONAL SECURITY DETERMINATION FOR CONSTRUCTION OF 
                   ADDITIONAL FENCING.

       Notwithstanding section 106 or any other provision of law, 
     after the date of the enactment of this Act the President may 
     not permit the construction of any additional fencing along 
     the international border between the United States and Mexico 
     until after the date that President makes a determination 
     that the construction of such additional fencing will 
     strengthen the national security of the United States.
                                 ______
                                 
  SA 4105. Mr. COLEMAN submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the appropriate place insert the following:

     SEC. __. FAIRNESS IN THE STUDENT AND EXCHANGE VISITOR 
                   INFORMATION SYSTEM.

       (a) Reduced Fee for Short-Term Study.--
       (1) In general.--Section 641(e)(4)(A) of the Illegal 
     Immigration Reform and Immigrant Responsibility Act of 1996 
     (8 U.S.C. 1372(e)(4)(A)) is amended by striking the second 
     sentence and inserting ``Except as provided in subsection 
     (g)(2), the fee imposed on any individual may not exceed 
     $100, except that in the case of an alien admitted under 
     subparagraph (J) of section 101(a)(15) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)) as an au pair, camp 
     counselor, or participant in a summer work travel program, 
     the fee shall not exceed $35 and that in the case of an alien 
     admitted under subparagraph (F) of such section 101(a)(15) 
     for a program that will not exceed 90 days, the fee shall not 
     exceed $35.''.
       (2) Technical amendments.--Such section 641(e)(4)(A) is 
     further amended--
       (A) in the first sentence, by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security''; and
       (B) in the third sentence, by striking ``Attorney 
     General's'' and inserting ``Secretary's''.
       (b) Recreational Courses.--Notwithstanding any other 
     provision of law, not later than 60 days after the date of 
     enactment of this Act, the Secretary of State shall issue 
     appropriate guidance to consular officers to in order to give 
     appropriate discretion, according to criteria developed at 
     each post and approved by the Secretary of State, so that a 
     course of a duration no more than 1 semester (or its 
     equivalent), and not awarding certification, license or 
     degree, is considered recreational in nature for purposes of 
     determining appropriateness for visitor status.
                                 ______
                                 
  SA 4106. Mr. KENNEDY submitted an amendment intended to be proposed 
by him to the bill S. 2611, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end, insert the following:

                     TITLE VIII--LABOR PROTECTIONS

     SEC. 801. SHORT TITLE.

       This title may be cited as the ``Enhanced Enforcement of 
     Labor Protections for United States Workers and Guest Workers 
     Act''.

     SEC. 802. VIOLATIONS OF THE FAIR LABOR STANDARDS ACT OF 1938.

       Section 16 of the Fair Labor Standards Act of 1938 (29 
     U.S.C. 216) is amended--
       (1) in subsection (b), by striking ``equal amount as 
     liquidated damages'' the first place it appears and inserting 
     ``amount equal to twice the amount of such unpaid minimum 
     wages or unpaid overtime compensation, as the case may be, as 
     liquidated damages''; and
       (2) in subsection (e)--
       (A) by striking ``$10,000'' and inserting ``$50,000''; and
       (B) by striking ``$1,000'' and inserting ``$10,000''.

     SEC. 803. VIOLATIONS OF THE OCCUPATIONAL SAFETY AND HEALTH 
                   ACT.

       (a) Civil Penalties.--Section 17 of the Occupational Safety 
     and Health Act of 1970 (29 U.S.C. 666) is amended--
       (1) in subsection (a)--
       (A) by striking ``$70,000'' and inserting ``$100,000'';
       (B) by striking ``$5,000'' and inserting ``$7,000''; and
       (C) by adding at the end the following: ``If such a 
     violation causes the death of an employee, such civil penalty 
     amounts shall be increased to not more than $250,000 for such 
     violation, but not less than $50,000 for such violation.'';
       (2) in subsection (b)--
       (A) by striking ``$7,000'' and inserting ``$10,000''; and
       (B) by adding at the end the following: ``If such a 
     violation causes the death of an employee, such civil penalty 
     amount shall be increased to not more than $50,000 for such 
     violation, but not less than $20,000 for such violation.'';
       (3) in subsection (c)--
       (A) by striking ``$7,000'' and inserting ``$10,000''; and
       (B) by adding at the end the following: ``If such a 
     violation causes the death of an employee, such civil penalty 
     amount shall be increased to not more than $50,000 for such 
     violation, but not less than $20,000 for such violation.'';
       (4) in subsection (d)--
       (A) by striking ``$7,000'' and inserting ``$10,000''; and
       (B) by adding at the end the following: ``If such a 
     violation causes the death of an employee, such civil penalty 
     amount shall be increased to not more than $50,000 for such 
     violation, but not less than $20,000 for such violation.''; 
     and
       (5) in subsection (i), by striking ``$7,000'' and inserting 
     ``$10,000''.
       (b) Criminal Penalties.--
       (1) In general.--Section 17 of the Occupational Safety and 
     Health Act of 1970 (29 U.S.C. 666) (as amended by subsection 
     (a)) is further amended--
       (A) in subsection (e)--
       (i) by striking ``fine of not more than $10,000'' and 
     inserting ``fine in accordance with section 3571 of title 18, 
     United States Code,'';
       (ii) by striking ``six months'' and inserting ``10 years'';
       (iii) by inserting ``under this subsection or subsection 
     (i)'' after ``first conviction of such person'';
       (iv) by striking ``fine of not more than $20,000'' and 
     inserting ``fine in accordance with section 3571 of title 18, 
     United States Code,''; and
       (v) by striking ``one year'' and inserting ``20 years'';
       (B) in subsection (f), by striking ``fine of not more than 
     $1,000 or by imprisonment for not more than six months,'' and 
     inserting ``fine in accordance with section 3571 of title 18, 
     United States Code, or by imprisonment for not more than 2 
     years,'';
       (C) in subsection (g), by striking ``fine of not more than 
     $10,000, or by imprisonment for not more than six months,'' 
     and inserting ``fine in accordance with section 3571 of title 
     18, United States Code, or by imprisonment for not more than 
     1 year,'';
       (D) by redesignating subsections (i) through (l) as 
     subsections (j) through (m), respectively; and
       (E) by inserting after subsection (h) the following:
       ``(i) Any employer who willfully violates any standard, 
     rule, or order promulgated pursuant to section 6, or any 
     regulation prescribed pursuant to this Act, and that 
     violation causes serious bodily injury to any employee but 
     does not cause death to any employee, shall, upon conviction, 
     be punished by a fine in accordance with section 3571 of 
     title 18, United States Code, or by imprisonment for not more 
     than 5 years, or by both, except that if the conviction is 
     for a violation committed after a first conviction of

[[Page 8993]]

     such person under this subsection or subsection (e), 
     punishment shall be by a fine in accordance with section 3571 
     of title 18, United States Code, or by imprisonment for not 
     more than 10 years, or by both.''.
       (2) Jurisdiction for prosecution under state and local 
     criminal laws.--Section 17 of the Occupational Safety and 
     Health Act of 1970 (29 U.S.C. 666) (as amended by this 
     section) is further amended by adding at the end the 
     following:
       ``(n) Nothing in this Act shall preclude a State or local 
     law enforcement agency from conducting criminal prosecutions 
     in accordance with the laws of such State or locality.''.
       (3) Definition.--Section 3 of the Occupational Safety and 
     Health Act of 1970 (29 U.S.C. 652) is amended by adding at 
     the end the following:
       ``(15) The term `serious bodily injury' means bodily injury 
     that involves--
       ``(A) a substantial risk of death;
       ``(B) protracted unconsciousness;
       ``(C) protracted and obvious physical disfigurement; or
       ``(D) protracted loss or protracted impairment, of the 
     function of a bodily member, organ, or mental faculty.''.

     SEC. 804. STRENGTHENING ENFORCEMENT.

       (a) Injunctions Against Unfair Labor Practices During 
     Organizing Drives.--
       (1) In general.--Section 10(l) of the National Labor 
     Relations Act (29 U.S.C. 160(l)) is amended--
       (A) in the second sentence, by striking ``If, after such'' 
     and inserting the following:
       ``(2) If, after such''; and
       (B) by striking the first sentence and inserting the 
     following: ``(1) Whenever it is charged that--
       ``(A)(i) any employer--
       ``(I) discharged or otherwise discriminated against an 
     employee in violation of subsection (a)(3) of section 8;
       ``(II) threatened to discharge or to otherwise discriminate 
     against an employee in violation of subsection (a)(1) of 
     section 8; or
       ``(III) engaged in any other unfair labor practice within 
     the meaning of subsection (a)(1) of section 8 that 
     significantly interferes with, restrains, or coerces 
     employees in the exercise of the rights guaranteed in section 
     7; and
       ``(ii) the discharge, discrimination, threat, or practice 
     described in clause (i) occurred--
       ``(I) while employees of that employer were seeking 
     representation by a labor organization; or
       ``(II) during the period after a labor organization was 
     recognized as a representative as described in section 9(a) 
     and before the first collective bargaining agreement was 
     entered into between the employer and the representative; or
       ``(B) that any person has engaged in an unfair labor 
     practice within the meaning of subparagraph (A), (B) or (C) 
     of section 8(b)(4), section 8(b)(7), or section 8(e);

     the preliminary investigation of such charge shall be made 
     forthwith and given priority over all other cases except 
     cases of like character in the office where it is filed or to 
     which it is referred.''.
       (2) Conforming amendment.--Section 10(m) of the National 
     Labor Relations (29 U.S.C. 160(m)) is amended by inserting 
     ``under circumstances not described in section 10(l)(1)'' 
     after ``section 8''.
       (b) Remedies for Violations.--
       (1) Backpay.--Section 10(c) of the National Labor Relations 
     Act (29 U.S.C. 160(c)) is amended by striking ``And provided 
     further,'' and inserting ``Provided further, That if the 
     Board finds that an employer has discriminated against an 
     employee in violation of section 8(a)(3) while employees of 
     the employer were seeking representation by a labor 
     organization, or during the period after a labor organization 
     was recognized as a representative as described in section 
     9(a) and before the first collective bargaining agreement was 
     entered into between the employer and the representative, the 
     Board in such order shall award the employee an amount of 
     backpay and, in addition, 2 times that amount as liquidated 
     damages: Provided further,''.
       (2) Civil penalties.--Section 12 of the National Labor 
     Relations Act (29 U.S.C. 162) is amended--
       (A) by striking ``Any'' and inserting ``(a) Any''; and
       (B) by adding at the end the following:
       ``(b) Any employer who willfully or repeatedly commits any 
     unfair labor practice within the meaning of subsection (a)(1) 
     or (a)(3) of section 8 while employees of the employer were 
     seeking representation by a labor organization, or during the 
     period after a labor organization was recognized as a 
     representative as described in section 9(a) and before the 
     first collective bargaining contract was entered into between 
     the employer and the representative shall be subject to, in 
     addition to any make-whole remedy ordered, a civil penalty of 
     not more than $20,000 for each violation. In determining the 
     amount of any penalty under this subsection, the Board shall 
     consider the gravity of the unfair labor practice and the 
     impact of the unfair labor practice on the charging party, on 
     other persons seeking to exercise rights guaranteed by this 
     Act, or on the public interest.''.

     SEC. 805. USE OF FEES.

       (a) Fees Paid by H-2C Nonimmigrants.--Section 218A, as 
     added by section 403(a)(1) of this Act, is amended by 
     striking subsection (l) and inserting the following:
       ``(l) Collection of Fees.--Fees collected under this 
     section shall be allocated as follows:
       ``(1) 75 percent of such fees shall be deposited in the 
     Treasury in accordance with section 286(c).
       ``(2) 25 percent of such fees shall be deposited in the 
     Labor Law Enforcement Fund established in section 286(y).''.
       (b) Fees Paid by Employers.--Section 218B, as added by 
     section 404(a) of this Act, is amended by striking subsection 
     (a) and inserting the following:
       ``(a) General Requirements.--
       ``(1) Employer requirements.--Each employer who employs an 
     H-2C nonimmigrant shall--
       ``(A) file a petition in accordance with subsection (b); 
     and
       ``(B) pay the appropriate fee, as determined by the 
     Secretary of Labor.
       ``(2) Use of fees.--The fees collected under paragraph 
     (1)(B) shall be allocated as follows:
       ``(A) 75 percent of such fees shall be deposited in the 
     Treasury in accordance with section 286(c).
       ``(B) 25 percent of such fees shall be deposited in the 
     Labor Law Enforcement Fund established in section 286(y).''.
       (c) Labor Law Enforcement Fund.--Section 286 (8 U.S.C. 
     1356), as amended by sections 302 and 403(b), is further 
     amended by adding at the end the following new subsection:
       ``(y) Labor Law Enforcement Fund.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury, a separate account, which shall be known as 
     the `Labor Law Enforcement Fund' (referred to in this 
     subsection as the `Fund').
       ``(2)  Deposits.--There shall be deposited as offsetting 
     receipts into the Fund the fees described in section 
     218A(l)(2) or 218B(a)(2).
       ``(3) Purpose.--Amounts deposited in the Fund shall be made 
     available to the Secretary of Labor to ensure that employers 
     in industries in the United States that employ a high 
     percentage of workers who are granted nonimmigrant status 
     under section 101(a)(15)(H)(ii)(c) comply with the provisions 
     of the Fair Labor Standards Act of 1938, the Occupational 
     Safety and Health Act of 1970, and section 218B(b)(2), 
     including ensuring such compliance by random audits of such 
     employers.
       ``(4) Availability of funds.--Amounts deposited into the 
     Fund shall remain available until expended and shall be 
     refunded out of the Fund by the Secretary of the Treasury, at 
     least on a quarterly basis, to the Secretary of Labor.''.

     SEC. 806. PROTECTION FOR WHISTLEBLOWERS.

       Section 218A, as added by section 403(a)(1) of this Act, is 
     amended by striking subparagraph (A) of subsection (f)(3) and 
     inserting the following:
       ``(A) In general.--
       ``(i) Period of unemployment.--Except as provided in clause 
     (ii) and in subsection (c), the period of authorized 
     admission of an H-2C nonimmigrant shall terminate if the 
     alien is unemployed for a period of 60 or more consecutive 
     days.
       ``(ii) Extension of period.--

       ``(I) Authority.--The Secretary of Labor may extend the 60-
     day period referred to in clause (i), if the alien has filed 
     a complaint with the Secretary of Labor that alleges that a 
     violation of a Federal labor law by the alien's employer 
     caused the alien's unemployment.
       ``(II) Determination.--Not later than 45 days after a 
     complaint referred to in subclause (I) is filed, the 
     Secretary of Labor shall make a determination whether an 
     extension under subclause (I) is warranted to resolve the 
     complaint.''.

     SEC. 807. LIABILITY IN CERTAIN CASES BASED ON IMMIGRATION 
                   STATUS.

       Notwithstanding any other provision of law, an alien who is 
     subject to an unlawful employment practice by an employer may 
     not be denied backpay or other monetary relief for such 
     unlawful employment practice on the basis of the alien's 
     immigration status.

     SEC. 808. DEPARTMENT OF LABOR BILINGUAL STAFF REQUIREMENT.

       (a) Requirement for Bilingual Staff.--The Secretary of 
     Labor shall make every effort to ensure that, not later than 
     5 years after the date of enactment of this Act, not less 
     than 25 percent of the investigative staff of the Department 
     of Labor shall be fluent in a language in addition to 
     English. The requirement of this section shall not be grounds 
     for the termination of any employee employed by the 
     Department of Labor on the date of enactment of this Act, nor 
     for the reduction of any staff levels in the Department of 
     Labor as of such date.
       (b) Annual Report.--The Secretary of Labor shall submit to 
     the Committee on Health, Education, Labor, and Pensions of 
     the Senate and the Committee on Education and the Workforce 
     of the House of Representatives an annual report on the 
     progress made to carry out subsection (a).
                                 ______
                                 
  SA 4107. Mr. ENSIGN submitted an amendment intended to be proposed by 
him to the bill S. 2611, to provide for

[[Page 8994]]

comprehensive immigration reform and for other purposes; as follows:

       At the appropriate place, insert the following:

     SEC. __. PROTECTION OF THE INTEGRITY OF THE SOCIAL SECURITY 
                   SYSTEM.

       (a) Transmittal and Approval of Totalization Agreements.--
     Section 233(e) of the Social Security Act (42 U.S.C. 433(e)) 
     is amended to read as follows:
       ``(e)(1) Any agreement to establish a totalization 
     arrangement which is entered into with another country under 
     this section shall enter into force with respect to the 
     United States if (and only if)--
       ``(A) the President, at least 90 calendar days before the 
     date on which the President enters into the agreement, 
     notifies each House of the Congress of the President's 
     intention to enter into the agreement, and promptly 
     thereafter publishes notice of such intention in the Federal 
     Register,
       ``(B) the President transmits the text of such agreement to 
     each House of the Congress as provided in paragraph (2), and
       ``(C) an approval resolution regarding such agreement has 
     passed both Houses of the Congress and has been enacted into 
     law.
       ``(2)(A) Whenever an agreement referred to in paragraph (1) 
     is entered into, the President shall transmit to each House 
     of the Congress a document setting forth the final legal text 
     of such agreement and including a report by the President in 
     support of such agreement. The President's report shall 
     include the following:
       ``(i) an estimate by the Chief Actuary of the Social 
     Security Administration of the effect of the agreement, in 
     the short term and in the long term, on the receipts and 
     disbursements under the social security system established by 
     this title;
       ``(ii) a statement of any administrative action proposed to 
     implement the agreement and how such action will change or 
     affect existing law,
       ``(iii) a statement describing whether and how the 
     agreement changes provisions of an agreement previously 
     negotiated,
       ``(iv) a statement describing how and to what extent the 
     agreement makes progress in achieving the purposes, policies, 
     and objectives of this title,
       ``(v) an estimate of the number of individuals who will be 
     affected by the agreement,
       ``(vi) an assessment of the integrity of the retirement 
     data and records (including birth, death, and marriage 
     records) of the other country that is the subject of the 
     agreement, and
       ``(vii) an assessment of ability of such country to track 
     and monitor recipients of benefits under such agreement.
       ``(B) If any separate agreement or other understanding with 
     another country (whether oral or in writing) relating to an 
     agreement to establish a totalization arrangement under this 
     section is not disclosed to the Congress in the transmittal 
     to the Congress under this paragraph of the agreement to 
     establish a totalization arrangement, then such separate 
     agreement or understanding shall not be considered to be part 
     of the agreement approved by the Congress under this section 
     and shall have no force and effect under United States law.
       ``(3) For purposes of this subsection, the term `approval 
     resolution' means a joint resolution, the matter after the 
     resolving clause of which is as follows: `That the proposed 
     agreement entered into pursuant to section 233 of the Social 
     Security Act between the United States and _______ 
     establishing totalization arrangements between the social 
     security system established by title II of such Act and the 
     social security system of _______, transmitted to the 
     Congress by the President on ______, is hereby approved.', 
     the first two blanks therein being filled with the name of 
     the country with which the United States entered into the 
     agreement, and the third blank therein being filled with the 
     date of the transmittal of the agreement to the Congress.
       ``(4) Whenever a document setting forth an agreement 
     entered into under this section and the President's report in 
     support of the agreement is transmitted to the Congress 
     pursuant to paragraph (2), copies of such document shall be 
     delivered to both Houses of Congress on the same day and 
     shall be delivered to the Clerk of the House of 
     Representatives if the House is not in session and to the 
     Secretary of the Senate if the Senate is not in session.
       ``(5) On the day on which a document setting forth the 
     agreement is transmitted to the House of Representatives and 
     the Senate pursuant to paragraph (1), an approval resolution 
     with respect to such agreement shall be introduced (by 
     request) in the House by the majority leader of the House, 
     for himself or herself and the minority leader of the House, 
     or by Members of the House designated by the majority leader 
     and minority leader of the House; and shall be introduced (by 
     request) in the Senate by the majority leader of the Senate, 
     for himself or herself and the minority leader of the Senate, 
     or by Members of the Senate designated by the majority leader 
     and minority leader of the Senate. If either House is not in 
     session on the day on which such an agreement is transmitted, 
     the approval resolution with respect to such agreement shall 
     be introduced in that House, as provided in the proceeding 
     sentence, on the first day thereafter on which that House is 
     in session. The resolution introduced in the House of 
     Representatives shall be referred to the Committee on Ways 
     and Means and the resolution introduced in the Senate shall 
     be referred to the Committee on Finance.''.
       (b) Additional Reports and Evaluations.--Section 233 of the 
     Social Security Act (42 U.S.C. 433) is amended by adding at 
     the end the following new subsections:
       ``(f) Biennial SSA Report on Impact of Totalization 
     Agreements.--
       ``(1) For any totalization agreement transmitted to 
     Congress on or after April 1, 2006, the Commissioner of 
     Social Security shall submit a report to Congress and the 
     Comptroller General that--
       ``(A) compares the estimates contained in the report 
     submitted to Congress under clauses (i) and (v) of subsection 
     (e)(2)(A) with respect to that agreement with the actual 
     number of individuals affected by the agreement and the 
     actual effect of the agreement on social security system 
     receipts and disbursements; and
       ``(B) contains recommendations for adjusting the methods 
     used to make the estimates.
       ``(2) The report required under this subsection shall be 
     provided not later than 2 years after the effective date of 
     the totalization agreement that is the subject of the report 
     and biennially thereafter.
       ``(g) GAO Evaluation and Report.--
       ``(1) Evaluation of initial report on impact of 
     totalization agreements.--With respect to each initial report 
     regarding a totalization agreement submitted under subsection 
     (f), the Comptroller General of the United States shall 
     conduct an evaluation of the report that includes--
       ``(A) an evaluation of the procedures used by the Chief 
     Actuary of the Social Security Administration and the 
     President for making the estimates required by subsection 
     (e)(2(A);
       ``(B) an evaluation of the procedures used by the President 
     for determining the actual number of individuals affected by 
     the agreement and the effects of the totalization agreement 
     on receipts and disbursements under the social security 
     system; and
       ``(C) such recommendations as the Comptroller General 
     determines appropriate .
       ``(2) Report.--Not later than 1 year after the date of 
     submission of an initial report regarding a totalization 
     agreement under subsection (f), the Comptroller General shall 
     submit to Congress a report setting forth the results of the 
     evaluation conducted under paragraph (1).
       ``(3) Data collection.--The Commissioner of Social Security 
     shall collect and maintain the data necessary for the 
     Comptroller General of the United States to conduct the 
     evaluation required by paragraph (1).''.
       (c) Effective Date.--The amendments made by this section 
     shall apply with respect to agreements establishing 
     totalization arrangements entered into under section 233 of 
     the Social Security Act which are transmitted to the Congress 
     on or after April 1, 2006.

                          ____________________