[Congressional Record (Bound Edition), Volume 153 (2007), Part 10]
[Senate]
[Pages 13463-13469]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1151. Mr. INHOFE (for himself, Mr. Alexander, Mr. Sessions, Mr. 
Enzi, Mr. Chambliss, Mr. Burr, Mr. Isakson, Mr. Bunning, and Mr. 
Coleman) submitted an amendment intended to be proposed by him to the 
bill S. 1348, to provide for comprehensive immigration reform and for 
other purposes; which was ordered to lie on the table; as follows:

       Strike section 702 and insert the following:

     SEC. 702. ENGLISH AS NATIONAL LANGUAGE.

       (a) Short Title.--This section may be cited as the ``S.I. 
     Hayakawa National Language Amendment Act of 2007''.
       (b) In General.--Title 4, United States Code, is amended by 
     adding at the end the following new chapter:

                ``CHAPTER 6--LANGUAGE OF THE GOVERNMENT

``Sec.
``161. Declaration of national language.
``162. Preserving and enhancing the role of the national language.
``163. Use of language other than English.

     ``SEC. 161. DECLARATION OF NATIONAL LANGUAGE.

       ``English shall be the national language of the Government 
     of the United States.

     ``SEC. 162. PRESERVING AND ENHANCING THE ROLE OF THE NATIONAL 
                   LANGUAGE.

       ``(a) In General.--The Government of the United States 
     shall preserve and enhance the role of English as the 
     national language of the United States of America.
       ``(b) Exception.--Unless specifically provided by statute, 
     no person has a right, entitlement, or claim to have the 
     Government of the United States or any of its officials or 
     representatives act, communicate, perform or provide 
     services, or provide materials in any language other than 
     English. If an exception is made with respect to the use of a 
     language other than English, the exception does not create a 
     legal entitlement to additional services in that language or 
     any language other than English.
       ``(c) Forms.--If any form is issued by the Federal 
     Government in a language other than English (or such form is 
     completed in a language other than English), the English 
     language version of the form is the sole authority for all 
     legal purposes.

     ``SEC. 163. USE OF LANGUAGE OTHER THAN ENGLISH.

       ``Nothing in this chapter shall prohibit the use of a 
     language other than English.''.
       (c) Conforming Amendment.--The table of chapters for title 
     4, United States Code, is amended by adding at the end the 
     following new item:

``6. Language of the Government..............................161''.....

                                 ______
                                 
  SA 1152. Mr. BAUCUS submitted an amendment intended to be proposed by 
him to the bill S. 1348, 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. __. EMPLOYMENT VERIFICATION REQUIREMENT FOR FEDERAL 
                   CONTRACTORS.

       (a) In General.--A contractor shall not be eligible to be 
     awarded a Federal contract for which registration with the 
     Central Contractor Registration (CCR) database maintained 
     under subpart 4.11 of the Federal Acquisition Regulation is 
     required unless the contractor has verified as part of the 
     Online Representations and Certifications Application (ORCA) 
     process required under section 4.1201 of such subpart that 
     the contractor is in compliance with paragraphs (1)(A) and 
     (2) of section 274A(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1324A(a)).
       (b) Implementation Through the Federal Acquisition 
     Regulation.--Not later than 180 days after the date of the 
     enactment of this Act, the Civilian Agency Acquisition 
     Council and the Defense Acquisition Regulations Council shall 
     amend the Federal Acquisition Regulation issued under 
     sections 6 and 25 of the Office of Federal Procurement Policy 
     Act (41 U.S.C. 405 and 421) to provide for the implementation 
     of the verification requirement under subsection (a).
       (c) Effective Date.--The requirement under subsection (a) 
     shall apply with respect to contracts entered into on or 
     after the date that is 180 days after the date of the 
     enactment of this Act.
                                 ______
                                 
  SA 1153. Mr. DORGAN (for himself and Mrs. Boxer) submitted an 
amendment intended to be proposed to amendment SA 1150 proposed by Mr. 
Reid (for Mr. Kennedy (for himself and Mr. Specter)) to the bill S. 
1348, to provide for comprehensive immigration reform and for other 
purposes; as follows:

       Strike subtitle A of title IV.
                                 ______
                                 
  SA 1154. Ms. COLLINS submitted an amendment intended to be proposed 
by her to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title IV, insert the following:

                 Subtitle D--H-1B Visa Fraud Prevention

     SEC. 431. SHORT TITLE.

       This subtitle may be cited as the ``H-1B Visa Fraud 
     Prevention Act of 2007''.

     SEC. 432. H-1B EMPLOYER REQUIREMENTS.

       (a) Prohibition of Outplacement.--
       (1) In general.--Section 212(n) (8 U.S.C. 1182(n)) is 
     amended--
       (A) in paragraph (1), by amending subparagraph (F) to read 
     as follows:
       ``(F) The employer shall not place, outsource, lease, or 
     otherwise contract for the placement of an alien admitted or 
     provided status as an H-1B nonimmigrant with another employer 
     if the worksite of the receiving employer is located in a 
     different State;'' and
       (B) in paragraph (2), by striking subparagraph (E).
       (2) Effective date.--The amendments made by paragraph (1) 
     shall apply to applications filed on or after the date of the 
     enactment of this Act.
       (b) Immigration Documents.--Section 204 (8 U.S.C. 1154) is 
     amended by adding at the end the following:
       ``(l) Employer To Share All Immigration Paperwork Exchanged 
     With Federal Agencies.--Not later than 10 working days after 
     receiving a written request from a former, current, or future 
     employee or beneficiary, an employer shall provide the 
     employee or beneficiary with the original (or a certified 
     copy of the original) of all petitions, notices, and other 
     written communication exchanged between the employer and the 
     Department of Labor, the Department of Homeland Security, or 
     any other Federal agency that is related to an immigrant or 
     nonimmigrant petition filed by the employer for the employee 
     or beneficiary.''.

     SEC. 433. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

       (a) Safeguards Against Fraud and Misrepresentation in 
     Application Review Process.--Section 212(n)(1) (8 U.S.C. 
     1182(n)) is amended--
       (1) in the undesignated paragraph at the end, by striking 
     ``The employer'' and inserting the following:

[[Page 13464]]

       ``(H) The employer''; and
       (2) in subparagraph (H), as designated by paragraph (1) of 
     this subsection--
       (A) by inserting ``and through the Department of Labor's 
     website, without charge.'' after ``D.C.'';
       (B) by inserting ``, clear indicators of fraud, 
     misrepresentation of material fact,'' after ``completeness'';
       (C) by striking ``or obviously inaccurate'' and inserting 
     ``, presents clear indicators of fraud or misrepresentation 
     of material fact, or is obviously inaccurate'';
       (D) by striking ``within 7 days of'' and inserting ``not 
     later than 14 days after''; and
       (E) by adding at the end the following: ``If the 
     Secretary's review of an application identifies clear 
     indicators of fraud or misrepresentation of material fact, 
     the Secretary may conduct an investigation and hearing under 
     paragraph (2).''.
       (b) Investigations by Department of Labor.--Section 
     212(n)(2) is amended--
       (1) in subparagraph (A), by striking ``The Secretary shall 
     conduct'' and all that follows and inserting ``Upon the 
     receipt of such a complaint, the Secretary may initiate an 
     investigation to determine if such a failure or 
     misrepresentation has occurred.'';
       (2) in subparagraph (C)(i)--
       (A) by striking ``a condition of paragraph (1)(B), (1)(E), 
     or (1)(F)'' and inserting ``a condition under subparagraph 
     (B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; 
     and
       (B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
       (3) in subparagraph (G)--
       (A) in clause (i), by striking ``if the Secretary'' and all 
     that follows and inserting ``with regard to the employer's 
     compliance with the requirements of this subsection.'';
       (B) in clause (ii), by striking ``and whose identity'' and 
     all that follows through ``failure or failures.'' and 
     inserting ``the Secretary of Labor may conduct an 
     investigation into the employer's compliance with the 
     requirements of this subsection.'';
       (C) in clause (iii), by striking the last sentence;
       (D) by striking clauses (iv) and (v);
       (E) by redesignating clauses (vi), (vii), and (viii) as 
     clauses (iv), (v), and (vi), respectively;
       (F) by amending clause (v), as redesignated, to read as 
     follows:
       ``(v) The Secretary of Labor shall provide notice to an 
     employer of the intent to conduct an investigation. The 
     notice shall be provided in such a manner, and shall contain 
     sufficient detail, to permit the employer to respond to the 
     allegations before an investigation is commenced. The 
     Secretary is not required to comply with this clause if the 
     Secretary determines that such compliance would interfere 
     with an effort by the Secretary to investigate or secure 
     compliance by the employer with the requirements of this 
     subsection. A determination by the Secretary under this 
     clause shall not be subject to judicial review.'';
       (G) in clause (vi), as redesignated, by striking ``An 
     investigation'' and all that follows through ``the 
     determination.'' and inserting ``If the Secretary of Labor, 
     after an investigation under clause (i) or (ii), determines 
     that a reasonable basis exists to make a finding that the 
     employer has failed to comply with the requirements under 
     this subsection, the Secretary shall provide interested 
     parties with notice of such determination and an opportunity 
     for a hearing in accordance with section 556 of title 5, 
     United States Code, not later than 120 days after the date of 
     such determination.''; and
       (H) by adding at the end the following:
       ``(vii) The Secretary of Labor may impose a penalty under 
     subparagraph (C) if the Secretary, after a hearing, finds a 
     reasonable basis to believe that--
       ``(I) the employer has violated the requirements under this 
     subsection; and
       ``(II) the violation was not made in good faith.''; and
       (4) by striking subparagraph (H).
       (c) Information Sharing Between Department of Labor and 
     Department of Homeland Security.--Section 212(n)(2), as 
     amended by this section, is further amended by inserting 
     after subparagraph (G) the following:
       ``(H) The Director of United States Citizenship and 
     Immigration Services shall provide the Secretary of Labor 
     with any information contained in the materials submitted by 
     H-1B employers as part of the adjudication process that 
     indicates that the employer is not complying with H-1B visa 
     program requirements. The Secretary may initiate and conduct 
     an investigation and hearing under this paragraph after 
     receiving information of noncompliance under this 
     subparagraph.''.
       (d) Audits.--Section 212(n)(2)(A), as amended by this 
     section, is further amended by adding at the end the 
     following: ``The Secretary may conduct surveys of the degree 
     to which employers comply with the requirements under this 
     subsection and may conduct annual compliance audits of 
     employers that employ H-1B nonimmigrants.''.
       (e) Penalties.--Section 212(n)(2)(C), as amended by this 
     section, is further amended--
       (1) in clause (i)(I), by striking ``$1,000'' and inserting 
     ``$2,000'';
       (2) in clause (ii)(I), by striking ``$5,000'' and inserting 
     ``$10,000''; and
       (3) in clause (vi)(III), by striking ``$1,000'' and 
     inserting ``$2,000''.
       (f) Information Provided to H-1B Nonimmigrants Upon Visa 
     Issuance.--Section 212(n), as amended by this section, is 
     further amended by inserting after paragraph (2) the 
     following:
       ``(3)(A) Upon issuing an H-1B visa to an applicant outside 
     the United States, the issuing office shall provide the 
     applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections;
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer obligations and workers' rights; and
       ``(iii) a copy of the employer's H-1B application for the 
     position that the H-1B nonimmigrant has been issued the visa 
     to fill.
       ``(B) Upon the issuance of an H-1B visa to an alien inside 
     the United States, the officer of the Department of Homeland 
     Security shall provide the applicant with--
       ``(i) a brochure outlining the employer's obligations and 
     the employee's rights under Federal law, including labor and 
     wage protections;
       ``(ii) the contact information for Federal agencies that 
     can offer more information or assistance in clarifying 
     employer's obligations and workers' rights; and
       ``(iii) a copy of the employer's H-1B application for the 
     position that the H-1B nonimmigrant has been issued the visa 
     to fill.''.

     SEC. 434. H-1B WHISTLEBLOWER PROTECTIONS.

       Section 212(n)(2)(C)(iv) (8 U.S.C. 1182(n)(2)(C)(iv)) is 
     amended--
       (1) by inserting ``take, fail to take, or threaten to take 
     or fail to take, a personnel action, or'' before ``to 
     intimidate''; and
       (2) by adding at the end the following: ``An employer that 
     violates this clause shall be liable to the employees harmed 
     by such violation for lost wages and benefits.''.

     SEC. 435. FRAUD ASSESSMENT.

       Not later than 30 days after the date of the enactment of 
     this Act, the Director of United States Citizenship and 
     Immigration Services shall submit to Congress a fraud risk 
     assessment of the H-1B visa program.
                                 ______
                                 
  SA 1155. Mrs. BOXER submitted an amendment intended to be proposed by 
her to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of title IV, insert the following:

     SEC. 427. REPORT ON THE Y NONIMMIGRANT VISA PROGRAM.

       (a) In General.--Not later than 2 years and 2 months after 
     the date on which the Secretary of Homeland Security makes 
     the certification described in section 1(a) of this Act, the 
     Secretary shall report to Congress on the number of Y 
     nonimmigrant visa holders that return to their foreign 
     residence, as required under section 218A(j)(3) of the 
     Immigration and Nationality Act, as added by section 402 of 
     this Act.
       (b) Termination of Y Nonimmigrant Visa Program.--
       (1) In general.--If the Secretary of Homeland Security 
     reports to the Congress under subsection (a) that 15 percent 
     or more of Y nonimmigrant visa holders provided Y 
     nonimmigrant visas in the first 2 years after the date on 
     which the Secretary of Homeland Security makes the 
     certification described in section 1(a) of this Act do not 
     comply with the return requirement under section 218A(j)(3) 
     of the Immigration and Nationality Act, then--
       (A) the Y nonimmigrant visa program shall be immediately 
     terminated; and
       (B) section 218A of the Immigration and Nationality Act 
     shall have no force or effect, except with respect to those Y 
     immigrant visa holders described under paragraph (2).
       (2) Compliant y nonimmigrant visa holders.--If the Y 
     nonimmigrant visa program is terminated under paragraph (1), 
     any Y nonimmigrant visa holder who is found to have been in 
     compliance with the return requirement under section 
     218A(j)(3) of the Immigration and Nationality Act on the date 
     of such termination shall be allowed to continue in the 
     program until the expiration of the period of authorized 
     admission of such visa holder.
                                 ______
                                 
  SA 1156. Mr. GRASSLEY submitted an amendment intended to be proposed 
by him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       At the end of section 419, insert the following:
       (e) H-1B Visa Employer Fee.--
       (1) In general.--Section 214(c)(9)(B) (8 U.S.C. 
     1184(c)(9)(B)) is amended by striking ``$1,500'' and 
     inserting ``$2,000''.
       (2) Use of additional fee.--Section 286 (8 U.S.C. 1356) is 
     amended by inserting after subsection (x), as added by 
     section 402(b), the following:
       ``(y) Gifted and Talented Students Education Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `Gifted

[[Page 13465]]

     and Talented Students Education Account'. Notwithstanding any 
     other provision of law, there shall be deposited as 
     offsetting receipts into the account 25 percent of the fees 
     collected under section 214(c)(9)(B).
       ``(2) Use of fees.--Amounts deposited into the account 
     established under paragraph (1) shall remain available to the 
     Secretary of Education until expended for programs and 
     projects authorized under the Jacob K. Javits Gifted and 
     Talented Students Education Act of 2001 (20 U.S.C. 7253 et 
     seq.).''.
                                 ______
                                 
  SA 1157. Mr. VITTER (for himself and Mr. DeMint) submitted an 
amendment intended to be proposed by him to the bill S. 1348, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       Strike title VI.

                                 ______
                                 
  SA 1158. Mr. COLEMAN (for himself and Mr. Bond) submitted an 
amendment intended to be proposed by him to the bill S. 1348, 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.___. INFORMATION SHARING BETWEEN FEDERAL AND LOCAL LAW 
                   ENFORCEMENT OFFICERS.

       (a) Subsection (b) of section 642 of the Illegal 
     Immigration Reform and Immigrant. Responsibility Act of 1996 
     (8.U.S.C. 1373) is amended by adding at the end the following 
     new paragraph:
       ``(4) Acquiring such information, if the person seeking 
     such information has probable cause to believe that the 
     individual is not lawfully present in the United States.''
                                 ______
                                 
  SA 1159. Mr. COLEMAN (for himself and Ms. Collins) submitted an 
amendment intended to be proposed by him to the bill S. 1348, to 
provide for comprehensive immigration reform and for other purposes; 
which was ordered to lie on the table; as follows:

       At the end of title VII, add the following:

     SEC. 711. WESTERN HEMISPHERE TRAVEL INITIATIVE IMPROVEMENT.

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

       ``(I) to accommodate--

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

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

       (2) by adding at the end the following:
       ``(C) Report.--Not later than 180 days after the initiation 
     of the pilot program described in subparagraph (B)(viii), the 
     Secretary of Homeland Security and the Secretary of State 
     shall submit to the appropriate congressional committees a 
     report, which includes--
       ``(i) an analysis of the impact of the pilot program on 
     national security;
       ``(ii) recommendations on how to expand the pilot program 
     to other States;
       ``(iii) any appropriate statutory changes to facilitate the 
     expansion of the pilot program to additional States and to 
     citizens of Canada;
       ``(iv) a plan to scan individuals participating in the 
     pilot program against United States terrorist watch lists;
       ``(v) an evaluation of and recommendations for the type of 
     machine-readable technology that should be used in enhanced 
     driver's licenses, based on individual privacy considerations 
     and the costs and feasibility of incorporating any new 
     technology into existing driver's licenses;
       ``(vi) recommendations for improving the pilot program; and
       ``(vii) an analysis of any cost savings for a citizen of 
     the United States participating in an enhanced driver's 
     license program as compared with participating in an 
     alternative program.''.
       (b) Special Rule for Minors.--Section 7209(b) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding 
     at the end the following new paragraph:
       ``(3) Special rule for minors.--Notwithstanding any other 
     provision of law, the Secretary of Homeland Security shall 
     permit an individual to enter the United States without 
     providing any evidence of citizenship if the individual--
       ``(A)(i) is less than 16 years old;
       ``(ii) is accompanied by the individual's legal guardian;
       ``(iii) is entering the United States from Canada or 
     Mexico;
       ``(iv) is a citizen of the United States or Canada; and
       ``(v) provides a birth certificate; or
       ``(B)(i) is less than 18 years old;
       ``(ii) is traveling under adult supervision with a public 
     or private school group, religious group, social or cultural 
     organization, or team associated with a youth athletics 
     organization; and
       ``(iii) provides a birth certificate.''.
       (c) Travel Facilitation Initiatives.--Section 7209 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding 
     at the end the following new subsections:
       ``(e) State Driver's License and Identification Card 
     Enrollment Program.--
       ``(1) In general.--Notwithstanding any other provision of 
     law and not later than 180 days after the submission of the 
     report described in subsection (b)(1)(C), the Secretary of 
     State and the Secretary of Homeland Security shall issue 
     regulations to establish a State Driver's License and 
     Identity Card Enrollment Program as described in this 
     subsection (hereinafter in this subsection referred to as the 
     `Program') and which allows the Secretary of Homeland 
     Security to enter into a memorandum of understanding with an 
     appropriate official of each State that elects to participate 
     in the Program.
       ``(2) Purpose.--The purpose of the Program is to permit a 
     citizen of the United States who produces a driver's license 
     or identity card that meets the requirements of paragraph (3) 
     or a citizen of Canada who produces a document described in 
     paragraph (4) to enter the United States from Canada by land 
     or sea without providing any other documentation or evidence 
     of citizenship.
       ``(3) Admission of citizens of the united states.--A 
     driver's license or identity card meets the requirements of 
     this paragraph if--
       ``(A) the license or card--
       ``(i) was issued by a State that is participating in the 
     Program; and
       ``(ii) is tamper-proof and machine readable; and
       ``(B) the State that issued the license or card--
       ``(i) has a mechanism to verify the United States 
     citizenship status of an applicant for such a license or 
     card;
       ``(ii) does not require an individual to include the 
     individual's citizenship status on such a license or card; 
     and
       ``(iii) manages all information regarding an applicant's 
     United States citizenship status in the same manner as such 
     information collected through the United States passport 
     application process and prohibits any other use or 
     distribution of such information.
       ``(4) Admission of citizens of canada.--
       ``(A) In general.--Notwithstanding any other provision of 
     law, if the Secretary of State and the Secretary of Homeland 
     Security determine that an identity document issued by the 
     Government of Canada or by the Government of a Province or 
     Territory of Canada meets security and information 
     requirements comparable to the requirements for a driver's 
     license or identity card described in paragraph (3), the 
     Secretary of Homeland Security shall permit a citizen of 
     Canada to enter the United States from Canada using such a 
     document without providing any other documentation or 
     evidence of Canadian citizenship.
       ``(B) Technology standards.--The Secretary of Homeland 
     Security shall work, to the maximum extent possible, to 
     ensure that an identification document issued by Canada that 
     permits entry into the United States under subparagraph (A) 
     utilizes technology similar to the technology utilized by 
     identification documents issued by the United States or any 
     State.
       ``(5) Authority to expand.--Notwithstanding any other 
     provision of law, the Secretary of State and the Secretary of 
     Homeland Security may expand the Program to permit an 
     individual to enter the United States--
       ``(A) from a country other than Canada; or
       ``(B) using evidence of citizenship other than a driver's 
     license or identity card described in paragraph (3) or a 
     document described in paragraph (4).

[[Page 13466]]

       ``(6) Relationship to other requirements.--Nothing in this 
     subsection shall have the effect of creating a national 
     identity card or a certification of citizenship for any 
     purpose other than admission into the United States as 
     described in this subsection.
       ``(7) State defined.--In this subsection, the term `State' 
     means any of the several States of the United States, the 
     Commonwealth of the Northern Mariana Islands, the 
     Commonwealth of Puerto Rico, the District of Columbia, Guam, 
     the Virgin Islands of the United States, or any other 
     territory or possession of the United States.
       ``(f) Waiver for Intrastate Travel.--The Secretary of 
     Homeland Security shall accept a birth certificate as proof 
     of citizenship for any United States citizen who is traveling 
     directly from one part of a State to a noncontiguous part of 
     that State through Canada, if such citizen cannot travel by 
     land to such part of the State without traveling through 
     Canada, and such travel in Canada is limited to no more than 
     2 hours.
       ``(g) Waiver of Pass Card and Passport Execution Fees.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, during the 2-year period beginning on the date on which 
     the Secretary of Homeland Security publishes a final rule in 
     the Federal Register to carry out subsection (b), the 
     Secretary of State shall--
       ``(A) designate 1 facility in each city or port of entry 
     designated under paragraph (2), including a State Department 
     of Motor Vehicles facility located in such city or port of 
     entry if the Secretary determines appropriate, in which a 
     passport or passport card may be procured without an 
     execution fee during such period; and
       ``(B) develop not fewer than 6 mobile enrollment teams 
     that--
       ``(i) are able to issue passports or other identity 
     documents issued by the Secretary of State without an 
     execution fee during such period;
       ``(ii) are operated along the northern and southern borders 
     of the United States; and
       ``(iii) focus on providing passports and other such 
     documents to citizens of the United States who live in areas 
     of the United States that are near such an international 
     border and that have relatively low population density.
       ``(2) Designation of cities and ports of entry.--The 
     Secretary of State shall designate cities and ports of entry 
     for purposes of paragraph (1)(A) as follows:
       ``(A) The Secretary shall designate not fewer than 3 cities 
     or ports of entry that are 100 miles or less from the 
     northern border of the United States.
       ``(B) The Secretary shall designate not fewer than 3 cities 
     or ports of entry that are 100 miles or less from the 
     southern border of the United States.
       ``(h) Cost-Benefit Analysis.--Prior to publishing a final 
     rule in the Federal Register to carry out subsection (b), the 
     Secretary of Homeland Security shall conduct a complete cost-
     benefit analysis of carrying out this section. Such analysis 
     shall include analysis of--
       ``(1) any potential costs of carrying out this section on 
     trade, travel, and the tourism industry; and
       ``(2) any potential savings that would result from the 
     implementation of the State Driver's License and Identity 
     Card Enrollment Program established under subsection (e) as 
     an alternative to passports and passport cards.
       ``(i) Report.--During the 2-year period beginning on the 
     date that is the 3 months after the date on which the 
     Secretary of Homeland Security begins implementation of 
     subsection (b)(1)--
       ``(1) the Secretary of Homeland Security shall submit to 
     the appropriate congressional committees a report not less 
     than once every 3 months on--
       ``(A) the average delay at border crossings; and
       ``(B) the average processing time for a NEXUS card, FAST 
     card, or SENTRI card; and
       ``(2) the Secretary of State shall submit to the 
     appropriate congressional committees a report not less than 
     once every 3 months on the average processing time for a 
     passport or passport card.
       ``(j) Appropriate Congressional Committees Defined.--In 
     this section, the term `appropriate congressional committees' 
     means--
       ``(1) the Committee on Appropriations, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on the Judiciary of the Senate; and
       ``(2) the Committee on Appropriations, the Committee on 
     Homeland Security, and the Committee on the Judiciary of the 
     House of Representatives.''.
       (d) Sense of Congress Regarding Implementation of the 
     Western Hemisphere Travel Initiative.--The intent of Congress 
     in enacting section 546 of the Department of Homeland 
     Security Appropriations Act, 2007 (Public Law 109-295; 120 
     Stat. 1386) was to prevent the Secretary of Homeland Security 
     from implementing the plan described in section 7209(b)(1) of 
     the Intelligence Reform and Terrorism Prevention Act of 2004 
     (8 U.S.C. 1185 note) before the earlier of June 1, 2009, or 
     the date on which the Secretary certifies to Congress that an 
     alternative travel document, known as a passport card, has 
     been developed and widely distributed to eligible citizens of 
     the United States.
       (e) Passport Processing Staff Authorities.--
       (1) Reemployment of civil service annuitants.--Section 
     61(a) of the State Department Basic Authorities Act of 1956 
     (22 U.S.C. 2733(a)) is amended--
       (A) in paragraph (1), by striking ``To facilitate'' and all 
     that follows through ``, the Secretary'' and inserting ``The 
     Secretary''; and
       (B) in paragraph (2), by striking ``2008'' and inserting 
     ``2010''.
       (2) Reemployment of foreign service annuitants.--Section 
     824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) 
     is amended--
       (A) in paragraph (1)(B), by striking ``to facilitate'' and 
     all that follows through ``Afghanistan,''; and
       (B) in paragraph (2), by striking ``2008'' and inserting 
     ``2010''.
       (f) Report on Border Infrastructure.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Secretary of Transportation, in 
     consultation with the Secretary of Homeland Security, shall 
     submit to the appropriate congressional committees a report 
     on the adequacy of the infrastructure of the United States to 
     manage cross-border travel associated with the NEXUS, FAST, 
     and SENTRI programs. Such report shall include consideration 
     of--
       (A) the ability of frequent travelers to access dedicated 
     lanes for such travel;
       (B) the total time required for border crossing, including 
     time spent prior to ports of entry;
       (C) the frequency, adequacy of facilities and any 
     additional delays associated with secondary inspections; and
       (D) the adequacy of readers to rapidly read identity 
     documents of such individuals.
       (2) Appropriate congressional committees defined.--In this 
     subsection, the term ``appropriate congressional committees'' 
     means--
       (A) the Committee on Appropriations, the Committee on 
     Homeland Security and Governmental Affairs, and the Committee 
     on the Judiciary of the Senate; and
       (B) the Committee on Appropriations, the Committee on 
     Homeland Security, and the Committee on the Judiciary of the 
     House of Representatives.
                                 ______
                                 
  SA 1160. Mr. BROWNBACK submitted an amendment intended to be proposed 
by him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       In section 601(h), strike paragraphs (1) and (2), and 
     insert the following:
       (h) Treatment of Applicants.--
       (1) In general.--An alien who files an application for Z 
     nonimmigrant status shall, upon submission of any evidence 
     required under subsections (f) and (g) and after the 
     Secretary has conducted appropriate background checks, to 
     include name and fingerprint checks, that do not produce 
     information rendering the applicant ineligible--
       (A) be granted probationary benefits in the form of 
     employment authorization pending final adjudication of the 
     alien's application;
       (B) may in the Secretary's discretion receive advance 
     permission to re-enter the United States pursuant to existing 
     regulations governing advance parole;
       (C) may not be detained for immigration purposes, 
     determined inadmissible or deportable, or removed pending 
     final adjudication of the alien's application, unless the 
     alien is determined to be ineligible for Z nonimmigrant 
     status; and
       (D) may not be considered an unauthorized alien (as defined 
     in section 274A(h)(3) of the Immigration and Nationality Act 
     (8 U.S.C. 1324a(h)(3))) unless employment authorization under 
     subparagraph (A) is denied.
       (2) Timing of probationary benefits.--No probationary 
     benefits shall be issued to an alien until the alien has 
     passed all appropriate background checks.
                                 ______
                                 
  SA 1161. Mr. ALEXANDER (for himself and Mr. Cochran) submitted an 
amendment intended to be proposed by him to the bill S. 1348, 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:

              TITLE _--STRENGTHENING AMERICAN CITIZENSHIP

     SECTION _01. SHORT TITLE.

       This title may be cited as the ``Strengthening American 
     Citizenship Act of 2007''.

     SEC. _02. DEFINITION.

       In this title, the term ``Oath of Allegiance'' means the 
     binding oath (or affirmation) of allegiance required to be 
     naturalized as a citizen of the United States, as prescribed 
     in subsection (e) of section 337 of the Immigration and 
     Nationality Act (8 U.S.C. 1448(e)), as added by section 
     _31(a)(2).

                      Subtitle A--Learning English

     SEC. _11. ENGLISH FLUENCY.

       (a) Education Grants.--

[[Page 13467]]

       (1) Establishment.--The Chief of the Office of Citizenship 
     of the Department (referred to in this subsection as the 
     ``Chief'') shall establish a grant program to provide grants 
     in an amount not to exceed $500 to assist lawful permanent 
     residents of the United States who declare an intent to apply 
     for citizenship in the United States to meet the requirements 
     under section 312 of the Immigration and Nationality Act (8 
     U.S.C. 1423).
       (2) Use of funds.--Grant funds awarded under this 
     subsection shall be paid directly to an accredited 
     institution of higher education or other qualified 
     educational institution (as determined by the Chief) for 
     tuition, fees, books, and other educational resources 
     required by a course on the English language in which the 
     lawful permanent resident is enrolled.
       (3) Application.--A lawful permanent resident desiring a 
     grant under this subsection shall submit an application to 
     the Chief at such time, in such manner, and accompanied by 
     such information as the Chief may reasonably require.
       (4) Priority.--If insufficient funds are available to award 
     grants to all qualified applicants, the Chief shall give 
     priority based on the financial need of the applicants.
       (5) Notice.--The Secretary, upon relevant registration of a 
     lawful permanent resident with the Department of Homeland 
     Security, shall notify such lawful permanent resident of the 
     availability of grants under this subsection for lawful 
     permanent residents who declare an intent to apply for United 
     States citizenship.
       (b) Faster Citizenship for English Fluency.--Section 316 (8 
     U.S.C. 1427) is amended by adding at the end the following:
       ``(g) A lawful permanent resident of the United States who 
     demonstrates English fluency, in accordance with regulations 
     prescribed by the Secretary of Homeland Security, in 
     consultation with the Secretary of State, will satisfy the 
     residency requirement under subsection (a) upon the 
     completion of 4 years of continuous legal residency in the 
     United States.''.

     SEC. _12. SAVINGS PROVISION.

       Nothing in this subtitle shall be construed to--
       (1) modify the English language requirements for 
     naturalization under section 312(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1423(a)(1)); or
       (2) influence the naturalization test redesign process of 
     the Office of Citizenship of the United States Citizenship 
     and Immigration Services (except for the requirement under 
     section _31(b)).

          Subtitle B--Education About the American Way of Life

     SEC. _21. AMERICAN CITIZENSHIP GRANT PROGRAM.

       (a) In General.--The Secretary shall establish a 
     competitive grant program to provide financial assistance 
     for--
       (1) efforts by entities (including veterans and patriotic 
     organizations) certified by the Office of Citizenship of the 
     Department to promote the patriotic integration of 
     prospective citizens into the American way of life by 
     providing civics, history, and English as a second language 
     courses, with a specific emphasis on attachment to principles 
     of the Constitution of the United States, the heroes of 
     American history (including military heroes), and the meaning 
     of the Oath of Allegiance; and
       (2) other activities approved by the Secretary to promote 
     the patriotic integration of prospective citizens and the 
     implementation of the Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.), including grants--
       (A) to promote an understanding of the form of government 
     and history of the United States; and
       (B) to promote an attachment to the principles of the 
     Constitution of the United States and the well being and 
     happiness of the people of the United States.
       (b) Acceptance of Gifts.--The Secretary may accept and use 
     gifts from the United States Citizenship Foundation, 
     established under section _22(a), for grants under this 
     section.
       (c) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     this section.

     SEC. _22. FUNDING FOR THE OFFICE OF CITIZENSHIP.

       (a) Authorization.--The Secretary, acting through the 
     Director of United States Citizenship and Immigration 
     Services, is authorized to establish the United States 
     Citizenship Foundation (referred to in this section as the 
     ``Foundation''), an organization duly incorporated in the 
     District of Columbia, exclusively for charitable and 
     educational purposes to support the functions of the Office 
     of Citizenship, which shall include the patriotic integration 
     of prospective citizens into--
       (1) American common values and traditions, including an 
     understanding of the history of the United States and the 
     principles of the Constitution of the United States; and
       (2) civic traditions of the United States, including the 
     Pledge of Allegiance, respect for the flag of the United 
     States, and voting in public elections.
       (b) Dedicated Funding.--
       (1) In general.--Not less than 1.5 percent of the funds 
     made available to United States Citizenship and Immigration 
     Services (including fees and appropriated funds) shall be 
     dedicated to the functions of the Office of Citizenship, 
     which shall include the patriotic integration of prospective 
     citizens into--
       (A) American common values and traditions, including an 
     understanding of American history and the principles of the 
     Constitution of the United States; and
       (B) civic traditions of the United States, including the 
     Pledge of Allegiance, respect for the flag of the United 
     States, and voting in public elections.
       (2) Sense of congress.--It is the sense of Congress that 
     dedicating increased funds to the Office of Citizenship 
     should not result in an increase in fees charged by United 
     States Citizenship and Immigration Services.
       (c) Gifts.--
       (1) To foundation.--The Foundation may solicit, accept, and 
     make gifts of money and other property in accordance with 
     section 501(c)(3) of the Internal Revenue Code of 1986.
       (2) From foundation.--The Office of Citizenship may accept 
     gifts from the Foundation to support the functions of the 
     Office.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary to carry out 
     the mission of the Office of Citizenship, including the 
     patriotic integration of prospective citizens into--
       (1) American common values and traditions, including an 
     understanding of American history and the principles of the 
     Constitution of the United States; and
       (2) civic traditions of the United States, including the 
     Pledge of Allegiance, respect for the flag of the United 
     States, and voting in public elections.

     SEC. _23. RESTRICTION ON USE OF FUNDS.

       Amounts appropriated to carry out a program under this 
     subtitle may not be used to organize individuals for the 
     purpose of political activism or advocacy.

     SEC. _24. REPORTING REQUIREMENT.

       The Chief of the Office of Citizenship shall submit to the 
     Committee on Health, Education, Labor, and Pensions of the 
     Senate, the Committee on the Judiciary of the Senate, the 
     Committee on Education and Labor of the House of 
     Representatives, and the Committee on the Judiciary of the 
     House of Representatives, an annual report that contains--
       (1) a list of the entities that have received funds from 
     the Office of Citizenship during the reporting period under 
     this subtitle and the amount of funding received by each such 
     entity;
       (2) an evaluation of the extent to which grants received 
     under this subtitle and subtitle A successfully promoted an 
     understanding of--
       (A) the English language; and
       (B) American history and government, including the heroes 
     of American history, the meaning of the Oath of Allegiance, 
     and an attachment to the principles of the Constitution of 
     the United States; and
       (3) information about the number of lawful permanent 
     residents who were able to achieve the knowledge described 
     under paragraph (2) as a result of the grants provided under 
     this subtitle and subtitle A.

              Subtitle C--Codifying the Oath of Allegiance

     SEC. _31. OATH OR AFFIRMATION OF RENUNCIATION AND ALLEGIANCE.

       (a) Revision of Oath.--Section 337 (8 U.S.C. 1448) is 
     amended--
       (1) in subsection (a), by striking ``under section 310(b) 
     an oath'' and all that follows through ``personal moral 
     code.'' and inserting ``under section 310(b), the oath (or 
     affirmation) of allegiance prescribed in subsection (e).''; 
     and
       (2) by adding at the end the following:
       ``(e)(1) Subject to paragraphs (2) and (3), the oath (or 
     affirmation) of allegiance prescribed in this subsection is 
     as follows: `I take this oath solemnly, freely, and without 
     any mental reservation. I absolutely and entirely renounce 
     all allegiance to any foreign state or power of which I have 
     been a subject or citizen. My fidelity and allegiance from 
     this day forward are to the United States of America. I will 
     bear true faith and allegiance to the Constitution and laws 
     of the United States, and will support and defend them 
     against all enemies, foreign and domestic. I will bear arms, 
     or perform noncombatant military or civilian service, on 
     behalf of the United States when required by law. This I do 
     solemnly swear, so help me God.'.
       ``(2) If a person, by reason of religious training and 
     belief (or individual interpretation thereof) or for other 
     reasons of good conscience, cannot take the oath prescribed 
     in paragraph (1)--
       ``(A) with the term `oath' included, the term `affirmation' 
     shall be substituted for the term `oath'; and
       ``(B) with the phrase `so help me God' included, the phrase 
     `so help me God' shall be omitted.
       ``(3) If a person shows by clear and convincing evidence to 
     the satisfaction of the Attorney General that such person, by 
     reason of religious training and belief, cannot take the oath 
     prescribed in paragraph (1)--
       ``(A) because such person is opposed to the bearing of arms 
     in the Armed Forces of the United States, the words `bear 
     arms, or' shall be omitted; and
       ``(B) because such person is opposed to any type of service 
     in the Armed Forces of the United States, the words `bear 
     arms, or' and `noncombatant military or' shall be omitted.

[[Page 13468]]

       ``(4) As used in this subsection, the term `religious 
     training and belief'--
       ``(A) means a belief of an individual in relation to a 
     Supreme Being involving duties superior to those arising from 
     any human relation; and
       ``(B) does not include essentially political, sociological, 
     or philosophical views or a merely personal moral code.
       ``(5) Any reference in this title to `oath' or `oath of 
     allegiance' under this section shall be deemed to refer to 
     the oath (or affirmation) of allegiance prescribed under this 
     subsection.''.
       (b) History and Government Test.--The Secretary shall 
     incorporate a knowledge and understanding of the meaning of 
     the Oath of Allegiance into the history and government test 
     given to applicants for citizenship.
       (c) Notice to Foreign Embassies.--Upon the naturalization 
     of a new citizen, the Secretary, in cooperation with the 
     Secretary of State, shall notify the embassy of the country 
     of which the new citizen was a citizen or subject that such 
     citizen has--
       (1) renounced allegiance to that foreign country; and
       (2) sworn allegiance to the United States.
       (d) Effective Date.--The amendments made by subsection (a) 
     shall take effect on the date that is 6 months after the date 
     of the enactment of this Act.

                  Subtitle D--Celebrating New Citizens

     SEC. _41. ESTABLISHMENT OF NEW CITIZENS AWARD PROGRAM.

       (a) Establishment.--There is established a new citizens 
     award program to recognize citizens who--
       (1) have made an outstanding contribution to the United 
     States; and
       (2) are naturalized during the 10-year period ending on the 
     date of such recognition.
       (b) Presentation Authorized.--
       (1) In general.--The President is authorized to present a 
     medal, in recognition of outstanding contributions to the 
     United States, to citizens described in subsection (a).
       (2) Maximum number of awards.--Not more than 10 citizens 
     may receive a medal under this section in any calendar year.
       (c) Design and Striking.--The Secretary of the Treasury 
     shall strike a medal with suitable emblems, devices, and 
     inscriptions, to be determined by the President.
       (d) National Medals.--The medals struck pursuant to this 
     section are national medals for purposes of chapter 51 of 
     title 31, United States Code.

     SEC. _42. NATURALIZATION CEREMONIES.

       (a) In General.--The Secretary, in consultation with the 
     Director of the National Park Service, the Archivist of the 
     United States, and other appropriate Federal officials, shall 
     develop and implement a strategy to enhance the public 
     awareness of naturalization ceremonies.
       (b) Venues.--In developing the strategy under this section, 
     the Secretary shall consider the use of outstanding and 
     historic locations as venues for select naturalization 
     ceremonies.
       (c) Reporting Requirement.--The Secretary shall annually 
     submit a report to Congress that contains--
       (1) the content of the strategy developed under this 
     section; and
       (2) the progress made towards the implementation of such 
     strategy.
                                 ______
                                 
  SA 1162. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 1348, 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. __. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON ENGLISH 
                   PROFICIENCY.

       (a) In General.--The Comptroller General of the United 
     States shall conduct a study on--
       (1) the needs of citizens and lawful permanent residents of 
     the United States whose native language is not English to 
     obtain English language and literacy proficiency; and
       (2) the estimated costs to the public and private sector 
     resulting from those residents of the United States who lack 
     English language proficiency.
       (b) Study Components.--The study conducted under subsection 
     (a) shall include--
       (1) an inventory of all existing Federal programs designed 
     to improve English language and literacy acquisition for 
     adult citizens and lawful permanent residents of the United 
     States, including--
       (A) a description of the purpose of each such program;
       (B) a summary of the Federal expenditures for each such 
     program during fiscal years 2002 through 2006;
       (C) data on the participation rates of individuals within 
     each such program and those who have expressed an interest in 
     obtaining English instruction but have been unable to 
     participate in existing programs;
       (D) a summary of evaluations and performance reviews of the 
     effectiveness and sustainability of each such program; and
       (E) a description of the coordination of Federal programs 
     with private and nonprofit programs;
       (2) the identification of model programs at the Federal, 
     State, and local level with demonstrated effectiveness in 
     helping adult citizens and lawful permanent residents of the 
     United States gain English language and literacy proficiency;
       (3) a summary of funding for State and local programs that 
     support improving the English language proficiency and 
     literacy of citizens and lawful permanent residents of the 
     United States;
       (4) a summary of the costs incurred by Federal, State, and 
     local governments to serve citizens and lawful permanent 
     residents of the United States who are not proficient in 
     English, including--
       (A) costs for foreign language translators;
       (B) the production of documents in multiple languages; and
       (C) compliance with Executive Order 13166;
       (5) an analysis of the costs incurred by businesses that 
     employ citizens and lawful permanent residents of the United 
     States who are not proficient in English, including--
       (A) costs for English training and foreign language 
     translation; and
       (B) an estimate of lost productivity;
       (6) the number of lawful permanent residents who are 
     eligible to naturalize as citizens of the United States;
       (7) the number of citizens of the United States who are 
     eligible to vote and are unable to read English well enough 
     to read a ballot in English;
       (8) the number of citizens of the United States who request 
     a ballot in a language other than English; and
       (9) recommendations regarding the most cost-effective 
     actions the Federal government could take to assist citizens 
     and lawful permanent residents of the United States to 
     quickly learn English.
       (c) Report.--Not later than 1 year after the date of the 
     enactment of this Act, the Comptroller General of the United 
     States shall submit a report containing the findings from the 
     study conducted under this section to--
       (1) the Committee on Health, Education, Labor, and Pensions 
     of the Senate;
       (2) the Committee on the Judiciary of the Senate;
       (3) the Committee on Education and Labor of the House of 
     Representatives; and
       (4) the Committee on the Judiciary of the House of 
     Representatives.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as may be necessary for fiscal 
     years 2008 and 2009 to carry out this section.
                                 ______
                                 
  SA 1163. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 1348, 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. __. PRESIDENTIAL AWARD FOR BUSINESS LEADERSHIP IN 
                   PROMOTING AMERICAN CITIZENSHIP.

       (a) Establishment.--There is established the Presidential 
     Award for Business Leadership in Promoting American 
     Citizenship, which shall be awarded to companies and other 
     organizations that make extraordinary efforts in assisting 
     their employees and members to learn English and increase 
     their understanding of American history and civics.
       (b) Selection and Presentation of Award.--
       (1) Selection.--The President, upon recommendations from 
     the Secretary, the Secretary of Labor, and the Secretary of 
     Education, shall periodically award the Citizenship Education 
     Award to large and small companies and other organizations 
     described in subsection (a).
       (2) Presentation.--The presentation of the award shall be 
     made by the President, or designee of the President, in 
     conjunction with an appropriate ceremony.
                                 ______
                                 
  SA 1164. Mr. ALEXANDER submitted an amendment intended to be proposed 
by him to the bill S. 1348, 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. _. DEDUCTION FOR EMPLOYER-PROVIDED ENGLISH LANGUAGE 
                   INSTRUCTION.

       (a) In General.--Part VI of subchapter B of chapter 1 of 
     the Internal Revenue Code of 1986 (relating to itemized 
     deductions for individuals and corporations) is amended by 
     inserting after section 194A the following new section:

     ``SEC. 194B. EMPLOYER-PROVIDED ENGLISH LANGUAGE INSTRUCTION.

       ``(a) Allowance of Deduction.--There shall be allowed as a 
     deduction for the taxable year an amount equal to--
       ``(1) $500, multiplied by
       ``(2) the number of limited English proficient employees 
     for which English language instruction is provided free of 
     charge to the employee during such taxable year.
       ``(b) Dollar Limitation.--The deduction allowable under 
     subsection (a) for any taxable year shall not exceed 
     $150,000.

[[Page 13469]]

       ``(c) Limited English Proficient Employee.--For purposes of 
     this section, the term `limited English proficient employee' 
     means an employee of the taxpayer--
       ``(1)(A) who was not born in the United States or whose 
     native language is a language other than English,
       ``(B)(i) who is a Native American or Alaska Native, or a 
     native resident of the outlying areas (within the meaning of 
     section 9101(25)(C)(ii)(I) of the Elementary and Secondary 
     Education Act of 1965 (20 U.S.C. 7801(25)(C)(ii)(I)), and
       ``(ii) who comes from an environment where a language other 
     than English has had a significant impact on the individual's 
     level of English language proficiency, or
       ``(C) who is migratory, whose native language is a language 
     other than English, and who comes from an environment where a 
     language other than English is dominant,
       ``(2) whose difficulties in speaking, reading, writing, or 
     understanding the English language may be sufficient to deny 
     the individual--
       ``(A) the ability to maintain employment, or
       ``(B) the ability to participate fully in society, and
       ``(3) the English language instruction of whom has not 
     previously been taken into account under this section.
       ``(d) Denial of Double Benefit.--No other deduction or 
     credit shall be allowed under any other provision of this 
     chapter with respect to the amount of the deduction 
     determined under this section.''.
       (b) Clerical Amendment.--The table of sections for part VI 
     of subchapter B of chapter 1 of the Internal Revenue Code of 
     1986 is amended by inserting after the item relating to 
     section 194A the following item:

``Sec. 194B. Employer-provided English language instruction''.

       (c) Effective Date.--The amendments made by this section 
     shall apply to taxable years beginning after December 31, 
     2007.

                                 ______
                                 
  SA 1165. Mr. LEAHY (for himself and Mr. Kohl) submitted an amendment 
intended to be proposed by him to the bill S. 1348, to provide for 
comprehensive immigration reform and for other purposes; which was 
ordered to lie on the table; as follows:

       In section 218E(d) of the Immigration and Nationality Act 
     (as added by section 404(a)), strike paragraphs (2) and (3) 
     and redesignate paragraph (4) as paragraph (3).
       At the end of section 218E of the Immigration and 
     Nationality Act (as added by section 404(a)), add the 
     following:
       ``(i) Special Rules for Aliens Employed as Sheepherders, 
     Goat Herders, and Dairy Workers.--Notwithstanding any 
     provision of the Agricultural Job Opportunities, Benefits, 
     and Security Act of 2007, an alien admitted under section 
     101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat 
     herder, or dairy worker--
       ``(1) may be admitted for an initial period of 1 year;
       ``(2) subject to subsection (j)(5), may have that initial 
     period of admission extended for a period of up to 3 years; 
     and
       ``(3) shall not be subject to the requirements of 
     subsection (h)(5) (relating to periods of absence from the 
     United States).
       ``(j) Adjustment to Lawful Permanent Resident Status for 
     Aliens Employed as Sheepherders, Goat Herders, or Dairy 
     Workers.--
       ``(1) Definition of eligible alien.--In this subsection, 
     the term `eligible alien' means an alien--
       ``(A) having nonimmigrant status under section 
     101(a)(15)(H)(ii)(a) based on employment as a sheepherder, 
     goat herder, or dairy worker;
       ``(B) who has maintained that nonimmigrant status in the 
     United States for a cumulative total of 36 months (excluding 
     any period of absence from the United States); and
       ``(C) who is seeking to receive an immigrant visa under 
     section 203(b)(3)(A)(iii).
       ``(2) Classified petition.--In the case of an eligible 
     alien, the petition under section 204 for classification 
     under section 203(b)(3)(A)(iii) may be filed by--
       ``(A) the eligible alien's employer, on behalf of the 
     eligible alien; or
       ``(B) the eligible alien.
       ``(3) No labor certification required.--Notwithstanding 
     section 203(b)(3)(C), no determination under section 
     212(a)(5)(A) is required with respect to an immigrant visa 
     described in paragraph (1)(C) for an eligible alien.
       ``(4) Effect of petition.--The filing of a petition 
     described in paragraph (2), or an application for adjustment 
     of status based on the approval of such a petition, shall not 
     constitute evidence of an alien's ineligibility for 
     nonimmigrant status under section 101(a)(15)(H)(ii)(a).
       ``(5) Extension of stay.--The Secretary shall extend the 
     stay of an eligible alien having a pending or approved 
     classification petition described in paragraph (2) in 1-year 
     increments until a final determination is made on the alien's 
     eligibility for adjustment of status to that of an alien 
     lawfully admitted for permanent residence.
       ``(6) Construction.--Nothing in this subsection prevents an 
     eligible alien from seeking adjustment of status in 
     accordance with any other provision of law.
       In section 218G of the Immigration and Nationality Act (as 
     amended by section 404(a)), strike paragraph (11) and insert 
     the following:
       ``(11) Seasonal.--
       ``(A) In general.--The term `seasonal', with respect to the 
     performance of labor, means that the labor--
       ``(i) ordinarily pertains to or is of the kind exclusively 
     performed at certain seasons or periods of the year; and
       ``(ii) because of the nature of the labor, cannot be 
     continuous or carried on throughout the year.
       ``(B) Inclusion.--Labor performed on a dairy farm shall be 
     considered to be seasonal labor.
       At the end of section 404, add the following:
       (c) Conforming Amendment.--Section 101(a)(15)(H)(ii)(a) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1101(a)(15)(H)(ii)(a)) is amended by inserting ``or work on a 
     dairy farm,'' after ``seasonal nature,''.

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