[Congressional Record (Bound Edition), Volume 152 (2006), Part 7]
[Senate]
[Pages 9419-9421]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 4183. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 4137 submitted by Mr. Ensign and intended to be proposed 
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:
       ``(i) In general.--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.
       (ii) Limitation.--Provided further that an alien required 
     to pay taxes under this subparagraph, or who otherwise 
     satisfies the requirements of clause (i), shall not be 
     allowed to collect any tax refund for any taxable year prior 
     to 2006, or to file any claim for the Earned Income Tax 
     Credit, or any other tax credit otherwise allowable under the 
     tax code, prior to such taxable year.''
                                 ______
                                 
  SA 4184. Mr. ENSIGN submitted an amendment intended to be proposed to 
amendment SA 4136 submitted by Mr. Ensign and intended to be proposed 
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 clause:
       (iii) Limitation.--Provided further that an alien required 
     to pay taxes under this subparagraph, or who otherwise 
     satisfies the requirements of subclause (I), (II), or (III) 
     of clause (i), shall not be allowed to collect any tax refund 
     for any taxable year prior to 2006, or to file any claim for 
     the Earned Income Tax Credit, or any other tax credit 
     otherwise

[[Page 9420]]

     allowable under the tax code, prior to such taxable year.''
                                 ______
                                 
  SA 4185. Mr. CRAIG submitted an amendment intended to be proposed to 
amendment SA 4084 proposed by Mr. Chambliss 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:

       In lieu of the matter proposed to be inserted, insert the 
     following:
       (7) Work day.--The term ``work day'' means any day in which 
     the individual is employed 5.75 or more hours in agricultural 
     employment.

 CHAPTER 1--PILOT PROGRAM FOR EARNED STATUS ADJUSTMENT OF AGRICULTURAL 
                                WORKERS

     SEC. 613. AGRICULTURAL WORKERS.

       (a) Blue Card Program.--
       (1) In general.--Notwithstanding any other provision of 
     law, the Secretary shall confer blue card status upon an 
     alien who qualifies under this subsection if the Secretary 
     determines that the alien--
       (A) has performed agricultural employment in the United 
     States for at least 863 hours or 150 work days, whichever is 
     less, during the 24-month period ending on December 31, 2005;
       (B) applied for such status during the 18-month application 
     period beginning on the first day of the seventh month that 
     begins after the date of enactment of this Act; and
       (C) is otherwise admissible to the United States under 
     section 212 of the Immigration and Nationality Act (8 U.S.C. 
     1182), except as otherwise provided under subsection (e)(2).
       (2) Authorized travel.--An alien in blue card status has 
     the right to travel abroad (including commutation from a 
     residence abroad) in the same manner as an alien lawfully 
     admitted for permanent residence.
       (3) Authorized employment.--An alien in blue card status 
     shall be provided an ``employment authorized'' endorsement or 
     other appropriate work permit, in the same manner as an alien 
     lawfully admitted for permanent residence.
       (4) Termination of blue card status.--
       (A) In general.--The Secretary may terminate blue card 
     status granted under this subsection only upon a 
     determination under this subtitle that the alien is 
     deportable.
       (B) Grounds for termination of blue card status.--Before 
     any alien becomes eligible for adjustment of status under 
     subsection (c), the Secretary may deny adjustment to 
     permanent resident status and provide for termination of the 
     blue card status granted such alien under paragraph (1) if--
       (i) the Secretary finds, by a preponderance of the 
     evidence, that the adjustment to blue card status was the 
     result of fraud or willful misrepresentation (as described in 
     section 212(a)(6)(C)(i) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(6)(C)(i)); or
       (ii) the alien--

       (I) commits an act that makes the alien inadmissible to the 
     United States as an immigrant, except as provided under 
     subsection (e)(2);
       (II) is convicted of a felony or 3 or more misdemeanors 
     committed in the United States; or
       (III) is convicted of an offense, an element of which 
     involves bodily injury, threat of serious bodily injury, or 
     harm to property in excess of $500.

       (5) Record of employment.--
       (A) In general.--Each employer of a worker granted status 
     under this subsection shall annually--
       (i) provide a written record of employment to the alien; 
     and
       (ii) provide a copy of such record to the Secretary.
       (B) Sunset.--The obligation under subparagraph (A) shall 
     terminate on the date that is 6 years after the date of the 
     enactment of this Act.
       (6) Required features of blue card.--The Secretary shall 
     provide each alien granted blue card status and the spouse 
     and children of each such alien residing in the United States 
     with a card that contains--
       (A) an encrypted, machine-readable, electronic 
     identification strip that is unique to the alien to whom the 
     card is issued;
       (B) biometric identifiers, including fingerprints and a 
     digital photograph; and
       (C) physical security features designed to prevent 
     tampering, counterfeiting, or duplication of the card for 
     fraudulent purposes.
       (7) Fine.--An alien granted blue card status shall pay a 
     fine to the Secretary in an amount equal to $100.
       (8) Maximum number.--The Secretary may issue not more than 
     1,500,000 blue cards during the 5-year period beginning on 
     the date of the enactment of this Act.
       (b) Rights of Aliens Granted Blue Card Status.--
       (1) In general.--Except as otherwise provided under this 
     subsection, an alien in blue card status shall be considered 
     to be an alien lawfully admitted for permanent residence for 
     purposes of any law other than any provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       (2) Delayed eligibility for certain federal public 
     benefits.--An alien in blue card status shall not be 
     eligible, by reason of such status, for any form of 
     assistance or benefit described in section 403(a) of the 
     Personal Responsibility and Work Opportunity Reconciliation 
     Act of 1996 (8 U.S.C. 1613(a)) until 5 years after the date 
     on which the Secretary confers blue card status upon that 
     alien.
       (3) Terms of employment respecting aliens admitted under 
     this section.--
       (A) Prohibition.--No alien granted blue card status may be 
     terminated from employment by any employer during the period 
     of blue card status except for just cause.
       (B) Treatment of complaints.--
       (i) Establishment of process.--The Secretary shall 
     establish a process for the receipt, initial review, and 
     disposition of complaints by aliens granted blue card status 
     who allege that they have been terminated without just cause. 
     No proceeding shall be conducted under this subparagraph with 
     respect to a termination unless the Secretary determines that 
     the complaint was filed not later than 6 months after the 
     date of the termination.
       (ii) Initiation of arbitration.--If the Secretary finds 
     that a complaint has been filed in accordance with clause (i) 
     and there is reasonable cause to believe that the complainant 
     was terminated without just cause, the Secretary shall 
     initiate binding arbitration proceedings by requesting the 
     Federal Mediation and Conciliation Service to appoint a 
     mutually agreeable arbitrator from the roster of arbitrators 
     maintained by such Service for the geographical area in which 
     the employer is located. The procedures and rules of such 
     Service shall be applicable to the selection of such 
     arbitrator and to such arbitration proceedings. The Secretary 
     shall pay the fee and expenses of the arbitrator, subject to 
     the availability of appropriations for such purpose.
       (iii) Arbitration proceedings.--The arbitrator shall 
     conduct the proceeding in accordance with the policies and 
     procedures promulgated by the American Arbitration 
     Association applicable to private arbitration of employment 
     disputes. The arbitrator shall make findings respecting 
     whether the termination was for just cause. The arbitrator 
     may not find that the termination was for just cause unless 
     the employer so demonstrates by a preponderance of the 
     evidence. If the arbitrator finds that the termination was 
     not for just cause, the arbitrator shall make a specific 
     finding of the number of days or hours of work lost by the 
     employee as a result of the termination. The arbitrator shall 
     have no authority to order any other remedy, including, but 
     not limited to, reinstatement, back pay, or front pay to the 
     affected employee. Within 30 days from the conclusion of the 
     arbitration proceeding, the arbitrator shall transmit the 
     findings in the form of a written opinion to the parties to 
     the arbitration and the Secretary. Such findings shall be 
     final and conclusive, and no official or court of the United 
     States shall have the power or jurisdiction to review any 
     such findings.
       (iv) Effect of arbitration findings.--If the Secretary 
     receives a finding of an arbitrator that an employer has 
     terminated an alien granted blue card status without just 
     cause, the Secretary shall credit the alien for the number of 
     days or hours of work lost for purposes of the requirement of 
     subsection (c)(1).
       (v) Treatment of attorney's fees.--The parties shall bear 
     the cost of their own attorney's fees involved in the 
     litigation of the complaint.
       (vi) Nonexclusive remedy.--The complaint process provided 
     for in this subparagraph is in addition to any other rights 
     an employee may have in accordance with applicable law.
       (vii) Effect on other actions or proceedings.--Any finding 
     of fact or law, judgment, conclusion, or final order made by 
     an arbitrator in the proceeding before the Secretary shall 
     not be conclusive or binding in any separate or subsequent 
     action or proceeding between the employee and the employee's 
     current or prior employer brought before an arbitrator, 
     administrative agency, court, or judge of any State or the 
     United States, regardless of whether the prior action was 
     between the same or related parties or involved the same 
     facts, except that the arbitrator's specific finding of the 
     number of days or hours of work lost by the employee as a 
     result of the employment termination may be referred to the 
     Secretary pursuant to clause (iv).
       (C) Civil penalties.--
       (i) In general.--If the Secretary finds, after notice and 
     opportunity for a hearing, that an employer of an alien 
     granted blue card status has failed to provide the record of 
     employment required under subsection (a)(5) or has provided a 
     false statement of material fact in such a record, the 
     employer shall be subject to a civil money penalty in an 
     amount not to exceed $1,000 per violation.
       (ii) Limitation.--The penalty applicable under clause (i) 
     for failure to provide records shall not apply unless the 
     alien has provided the employer with evidence of employment 
     authorization granted under this section.
       (c) Adjustment to Permanent Residence.--
       (1) Agricultural workers.--
       (A) In general.--Except as provided in subparagraph (B), 
     the Secretary shall adjust the status of an alien granted 
     blue card status to that of an alien lawfully admitted for

[[Page 9421]]

     permanent residence if the Secretary determines that the 
     following requirements are satisfied:
       (i) Qualifying employment.--The alien has performed at 
     least--

       (I) 5 years of agricultural employment in the United 
     States, for at least 100 work days or 575 hours, but in no 
     case less than 575 hours per year, during the 5-year period 
     beginning on the date of the enactment of this Act; or
       (II) 3 years of agricultural employment in the United 
     States, for at least 150 work days or 863 hours, but in no 
     case less than 863 hours per year, during the 5-year period 
     beginning on the date of the enactment of this Act.

       (ii) Proof.--An alien may demonstrate compliance with the 
     requirement under clause (i) by submitting--

       (I) the record of employment described in subsection 
     (a)(5); or
       (II) such documentation as may be submitted under 
     subsection (d)(3).

       (iii) Extraordinary circumstances.--In determining whether 
     an alien has met the requirement under clause (i)(I), the 
     Secretary may credit the alien with not more than 12 
     additional months to meet the requirement under clause (i) if 
     the alien was unable to work in agricultural employment due 
     to--

       (I) pregnancy, injury, or disease, if the alien can 
     establish such pregnancy, disabling injury, or disease 
     through medical records;
       (II) illness, disease, or other special needs of a minor 
     child, if the alien can establish such illness, disease, or 
     special needs through medical records; or
       (III) severe weather conditions that prevented the alien 
     from engaging in agricultural employment for a significant 
     period of time.

       (iv) Application period.--The alien applies for adjustment 
     of status not later than 7 years after the date of the 
     enactment of this Act.
       (v) Fine.--The alien pays a fine to the Secretary in an 
     amount equal to $400.
                                 ______
                                 
  SA 4186. Mr. LEVIN (for himself, Mr. Santorum, Mr. Kennedy, and Ms. 
Stabenow) 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. __. ADJUSTMENT OF STATUS FOR CERTAIN PERSECUTED 
                   RELIGIOUS MINORITIES.

       (a) In General.--The Secretary shall adjust the status of 
     an alien to that of an alien lawfully admitted for permanent 
     residence if the alien--
       (1) is a persecuted religious minority;
       (2) is admissible to the United States as an immigrant, 
     except as provided under subsection (b);
       (3) had an application for asylum pending on May 1, 2003;
       (4) applies for such adjustment of status;
       (5) was physically present in the United States on the date 
     the application for such adjustment is filed; and
       (6) pays a fee, in an amount determined by the Secretary, 
     for the processing of such application.
       (b) Waiver of Certain Grounds for Inadmissibility.--
       (1) Inapplicable provision.--Section 212(a)(7) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(7)) shall 
     not apply to any adjustment of status under this section.
       (2) Waiver.--The Secretary may waive any other provision of 
     section 212(a) of such Act (except for paragraphs (2) and 
     (3)) if extraordinary and compelling circumstances warrant 
     such an adjustment for humanitarian purposes, to ensure 
     family unity, or if it is otherwise in the public interest.
       (c) Persecuted Religious Minority Defined.--In this 
     section, the term ``persecuted religious minority'' means an 
     individual who--
       (1) is, or was, a national or resident of Iraq;
       (2) is a member of a religious minority in Iraq, and
       (3) shares common characteristics with other minorities in 
     Iraq who have been targets of persecution on account of race, 
     religion, nationality, membership in a particular social 
     group, or political opinion.
                                 ______
                                 
  SA 4187. Mr. FRIST (for Mr. Craig (for himself, Mr. Inhofe, and Mr. 
Frist)) proposed an amendment to the bill H.R. 5037, to amend titles 38 
and 18, United States Code, to prohibit certain demonstrations at 
cemeteries under the control of the National Cemetery Administration 
and at Arlington National Cemetery, and for other purposes; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Respect for America's Fallen 
     Heroes Act''.

     SEC. 2. PROHIBITION ON CERTAIN DEMONSTRATIONS AT CEMETERIES 
                   UNDER THE CONTROL OF THE NATIONAL CEMETERY 
                   ADMINISTRATION AND AT ARLINGTON NATIONAL 
                   CEMETERY.

       (a) Prohibition.--
       (1) In general.--Chapter 24 of title 38, United States 
     Code, is amended by adding at the end the following new 
     section:

     ``Sec. 2413. Prohibition on certain demonstrations at 
       cemeteries under control of the National Cemetery 
       Administration and at Arlington National Cemetery

       ``(a) Prohibition.--No person may carry out--
       ``(1) a demonstration on the property of a cemetery under 
     the control of the National Cemetery Administration or on the 
     property of Arlington National Cemetery unless the 
     demonstration has been approved by the cemetery 
     superintendent or the director of the property on which the 
     cemetery is located; or
       ``(2) with respect to such a cemetery, a demonstration 
     during the period beginning 60 minutes before and ending 60 
     minutes after a funeral, memorial service, or ceremony is 
     held, any part of which demonstration--
       ``(A)(i) takes place within 150 feet of a road, pathway, or 
     other route of ingress to or egress from such cemetery 
     property; and
       ``(ii) includes, as part of such demonstration, any 
     individual willfully making or assisting in the making of any 
     noise or diversion that disturbs or tends to disturb the 
     peace or good order of the funeral, memorial service, or 
     ceremony; or
       ``(B) is within 300 feet of such cemetery and impedes the 
     access to or egress from such cemetery.
       ``(b) Demonstration.--For purposes of this section, the 
     term `demonstration' includes the following:
       ``(1) Any picketing or similar conduct.
       ``(2) Any oration, speech, use of sound amplification 
     equipment or device, or similar conduct that is not part of a 
     funeral, memorial service, or ceremony.
       ``(3) The display of any placard, banner, flag, or similar 
     device, unless such a display is part of a funeral, memorial 
     service, or ceremony.
       ``(4) The distribution of any handbill, pamphlet, leaflet, 
     or other written or printed matter other than a program 
     distributed as part of a funeral, memorial service, or 
     ceremony.''.
       (2) Clerical amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``2413.  Prohibition on certain demonstrations at cemeteries under 
              control of National Cemetery Administration and at 
              Arlington National Cemetery.''.

       (b) Construction.--Nothing in section 2413 of title 38, 
     United States Code (as amended by subsection (a)), shall be 
     construed as limiting the authority of the Secretary of 
     Veterans Affairs, with respect to property under control of 
     the National Cemetery Administration, or the Secretary of the 
     Army, with respect to Arlington National Cemetery, to issue 
     or enforce regulations that prohibit or restrict conduct that 
     is not specifically covered by section 2413 of such title (as 
     so added).

     SEC. 3. PENALTY FOR VIOLATION OF PROHIBITION ON UNAPPROVED 
                   DEMONSTRATIONS AT CEMETERIES UNDER THE CONTROL 
                   OF THE NATIONAL CEMETERY ADMINISTRATION AND AT 
                   ARLINGTON NATIONAL CEMETERY.

       (a) Penalty.--Chapter 67 of title 18, United States Code, 
     is amended by adding at the end the following new section:

     ``Sec. 1387. Demonstrations at cemeteries under the control 
       of the National Cemetery Administration and at Arlington 
       National Cemetery

       ``Whoever violates section 2413 of title 38 shall be fined 
     under this title, imprisoned for not more than one year, or 
     both.''.
       (b) Clerical Amendment.--The table of sections at the 
     beginning of such chapter is amended by adding at the end the 
     following new item:

``1387.  Demonstrations at cemeteries under the control of the National 
              Cemetery Administration and at Arlington National 
              Cemetery.''.

     SEC. 4. SENSE OF CONGRESS ON STATE RESTRICTION OF 
                   DEMONSTRATIONS NEAR MILITARY FUNERALS.

       It is the sense of Congress that each State should enact 
     legislation to restrict demonstrations near any military 
     funeral.

                          ____________________