[Congressional Record (Bound Edition), Volume 153 (2007), Part 10]
[Senate]
[Pages 14119-14140]
[From the U.S. Government Publishing Office, www.gpo.gov]




                           TEXT OF AMENDMENTS

  SA 1190. Mr. McCAIN (for himself, Mr. Graham, Mr. Burr, and Mr. 
Specter) 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:

       On page 292 redesignate paragraphs (3) as (4) and (4) as 
     (5).
       On page 292, between lines 33 and 34, insert the following:
       ``(3) Payment of income taxes.--
       ``(A) In general.--Not later than the date on which status 
     is adjusted under this section, the alien establishes the 
     payment of any applicable Federal tax liability by 
     establishing that--
       ``(i) no such tax liability exists;
       ``(ii) all outstanding liabilities have been paid; or
       ``(iii) the alien has entered into an agreement for payment 
     of all outstanding liabilities with the Internal Revenue 
     Service.
       ``(B) Applicable federal tax liability.--For purposes of 
     clause (i), the term `applicable Federal tax liability' means 
     liability for Federal taxes, including penalties and 
     interest, owed for any year during the period of employment 
     required by subparagraph (D)(i) for which the statutory 
     period for assessment of any deficiency for such taxes has 
     not expired.
       ``(C) IRS cooperation.--The Secretary of the Treasury shall 
     establish rules and procedures under which the Commissioner 
     of Internal Revenue shall provide documentation to an alien 
     upon request to establish the payment of all taxes required 
     by this subparagraph.
       ``(D) 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.
                                 ______
                                 
  SA 1191. Mr. LIEBERMAN 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:
       At the appropriate place, insert the following:
              Subtitle __--Asylum and Detention Safeguards

     SEC. __01. SHORT TITLE.

       This subtitle may be cited as the ``Secure and Safe 
     Detention and Asylum Act''.

     SEC. __02. DEFINITIONS.

       In this subtitle:
       (1) Asylum seeker.--The term ``asylum seeker'' means an 
     applicant for asylum under section 208 of the Immigration and 
     Nationality Act (8 U.S.C. 1158) or for withholding of removal 
     under section 241(b)(3) of that Act (8 U.S.C. 1231(b)(3)) or 
     an alien who indicates an intention to apply for relief under 
     either such section and does not include a person with 
     respect to whom a final adjudication denying an application 
     made under either such section has been entered.
       (2) Credible fear of persecution.--The term ``credible fear 
     of persecution'' has the meaning given that term in section 
     235(b)(1)(B)(v) of the Immigration and Nationality Act (8 
     U.S.C. 1225(b)(1)(B)(v)).
       (3) Detainee.--The term ``detainee'' means an alien in the 
     Department's custody held in a detention facility.
       (4) Detention facility.--The term ``detention facility'' 
     means any Federal facility in which an asylum seeker, an 
     alien detained pending the outcome of a removal proceeding, 
     or an alien detained pending the execution of a final order 
     of removal, is detained for more than 72 hours, or any other 
     facility in which such detention services are provided to the 
     Federal Government by contract, and does not include 
     detention at any port of entry in the United States.
       (5) Reasonable fear of persecution or torture.--The term 
     ``reasonable fear of persecution or torture'' has the meaning 
     described in section 208.31 of title 8, Code of Federal 
     Regulations.
       (6) Standard.--The term ``standard'' means any policy, 
     procedure, or other requirement.
       (7) Vulnerable populations.--The term ``vulnerable 
     populations'' means classes of aliens subject to the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.) who 
     have special needs requiring special consideration and 
     treatment by virtue of their vulnerable characteristics, 
     including experiences of, or risk of, abuse, mistreatment, or 
     other serious harms threatening their health or safety. 
     Vulnerable populations include the following:
       (A) Asylum seekers.
       (B) Refugees admitted under section 207 of the Immigration 
     and Nationality Act (8 U.S.C. 1157) and individuals seeking 
     such admission.
       (C) Aliens whose deportation is being withheld under 
     section 243(h) of the Immigration and Nationality Act (as in 
     effect immediately before the effective date of section 307 
     of the Illegal Immigration Reform and Immigrant 
     Responsibility Act of 1996 (Public Law 104-208; 110 Stat. 
     3009-612)) or section 241(b)(3) of the Immigration and 
     Nationality Act (8 U.S.C. 1231(b)(3)).
       (D) Aliens granted or seeking protection under article 3 of 
     the Convention Against Torture and other Cruel, Inhumane, or 
     Degrading Treatment or Punishment, done at New York, December 
     10, 1994.
       (E) Applicants for relief and benefits under the 
     Immigration and Nationality Act pursuant to the amendments 
     made by the Trafficking Victims Protection Act of 2000 
     (division A of Public Law 106-386; 114 Stat. 1464), including 
     applicants for nonimmigrant status under subparagraph (T) or 
     (U) of section 101(a)(15) of the Immigration and Nationality 
     Act (8 U.S.C. 1101(a)(15)).
       (F) Applicants for relief and benefits under the 
     Immigration and Nationality Act pursuant to the amendments 
     made by the Violence Against Women Act of 2000 (division B of 
     Public Law 106-386; 114 Stat. 1491).
       (G) Unaccompanied alien children (as defined in 462(g) of 
     the Homeland Security Act of 2002 (6 U.S.C. 279(g)).

     SEC. __03. RECORDING SECONDARY INSPECTION INTERVIEWS.

       (a) In General.--The Secretary shall establish quality 
     assurance procedures to ensure the accuracy and verifiability 
     of signed

[[Page 14120]]

     or sworn statements taken by employees of the Department 
     exercising expedited removal authority under section 235(b) 
     of the Immigration and Nationality Act (8 U.S.C. 1225(b)).
       (b) Factors Relating to Sworn Statements.--Any sworn or 
     signed written statement taken of an alien as part of the 
     record of a proceeding under section 235(b)(1)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1225(b)(1)(A)) 
     shall be accompanied by a recording of the interview which 
     served as the basis for that sworn statement.
       (c) Recordings.--
       (1) In general.--The recording of the interview shall also 
     include the written statement, in its entirety, being read 
     back to the alien in a language that the alien claims to 
     understand, and the alien affirming the accuracy of the 
     statement or making any corrections thereto.
       (2) Format.--The recording shall be made in video, audio, 
     or other equally reliable format.
       (d) Exemption Authority.--
       (1) Subsections (b) and (c) shall not apply to interviews 
     that occur at facilities exempted by the Secretary pursuant 
     to this subsection.
       (2) The Secretary or the Secretary's designee may exempt 
     any facility based on a determination by the Secretary or the 
     Secretary's designee that compliance with subsections (b) and 
     (c) at that facility would impair operations or impose undue 
     burdens or costs.
       (3) The Secretary or the Secretary's designee shall report 
     annually to Congress on the facilities that have been 
     exempted pursuant to this subsection.
       (4) The exercise of the exemption authority granted by this 
     subsection shall not give rise to a private cause of action.
       (e) Interpreters.--The Secretary shall ensure that a 
     professional fluent interpreter is used when the interviewing 
     officer does not speak a language understood by the alien and 
     there is no other Federal, State, or local government 
     employee available who is able to interpret effectively, 
     accurately, and impartially.

     SEC. __04. PROCEDURES GOVERNING DETENTION DECISIONS.

       Section 236 (8 U.S.C. 1226) is amended--
       (1) in subsection (a)--
       (A) in the matter preceding paragraph (1)--
       (i) in the first sentence by striking ``Attorney General'' 
     and inserting ``Secretary of Homeland Security'';
       (ii) by striking ``(c)'' and inserting ``(d)''; and
       (iii) in the second sentence by striking ``Attorney 
     General'' and inserting ``Secretary'';
       (B) in paragraph (2)--
       (i) in subparagraph (A)--

       (I) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (II) by striking ``or'' at the end;

       (ii) in subparagraph (B), by striking ``but'' at the end; 
     and
       (iii) by inserting after subparagraph (B) the following:
       ``(C) the alien's own recognizance; or
       ``(D) a secure alternatives program as provided for in this 
     section; but'';
       (2) by redesignating subsections (b), (c), (d), and (e) as 
     subsections (d), (e), (f), and (h), respectively;
       (3) by inserting after subsection (a) the following new 
     subsections:
       ``(b) Custody Decisions.--
       ``(1) In general.--In the case of a decision under 
     subsection (a) or (d), the following shall apply:
       ``(A) The decision shall be made in writing and shall be 
     served upon the alien. A decision to continue detention 
     without bond or parole shall specify in writing the reasons 
     for that decision.
       ``(B) The decision shall be served upon the alien within 72 
     hours of the alien's detention or, in the case of an alien 
     subject to section 235 or 241(a)(5) who must establish a 
     credible fear of persecution or a reasonable fear of 
     persecution or torture in order to proceed in immigration 
     court, within 72 hours of a positive credible fear of 
     persecution or reasonable fear of persecution or torture 
     determination.
       ``(2) Criteria to be considered.--The criteria to be 
     considered by the Secretary and the Attorney General in 
     making a custody decision shall include--
       ``(A) whether the alien poses a risk to public safety or 
     national security;
       ``(B) whether the alien is likely to appear for immigration 
     proceedings; and
       ``(C) any other relevant factors.
       ``(3) Custody redetermination.--An alien subject to this 
     section may at any time after being served with the 
     Secretary's decision under subsections (a) or (d) request a 
     redetermination of that decision by an immigration judge. All 
     decisions by the Secretary to detain without bond or parole 
     shall be subject to redetermination by an immigration judge 
     within 2 weeks from the time the alien was served with the 
     decision, unless waived by the alien. The alien may request a 
     further redetermination upon a showing of a material change 
     in circumstances since the last redetermination hearing.
       ``(c) Exception for Mandatory Detention.--Subsection (b) 
     shall not apply to any alien who is subject to mandatory 
     detention under section 235(b)(1)(B)(iii)(IV), 236(c), or 
     236A or who has a final order of removal and has no 
     proceedings pending before the Executive Office for 
     Immigration Review.'';
       (4) in subsection (d), as redesignated--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary''; and
       (B) by striking ``or parole'' and inserting ``, parole, or 
     decision to release;'';
       (5) in subsection (e), as redesignated--
       (A) by striking ``Attorney General'' and inserting 
     ``Secretary'' each place it appears; and
       (B) in paragraph (2), by inserting ``or for humanitarian 
     reasons,'' after ``such an investigation,'';
       (6) in subsection (f), as redesignated--
       (A) in the matter preceding paragraph (1), by striking 
     ``Attorney General'' and inserting ``Secretary'';
       (B) in paragraph (1), in subparagraphs (A) and (B), by 
     striking ``Service'' and inserting ``Department of Homeland 
     Security''; and
       (C) in paragraph (3), by striking ``Service'' and inserting 
     ``Secretary of Homeland Security'';
       (7) by inserting after subsection (f), as redesignated, the 
     following new subparagraph:
       ``(g) Administrative Review.--If an immigration judge's 
     custody decision has been stayed by the action of an officer 
     or employee of the Department of Homeland Security, the stay 
     shall expire in 30 days, unless the Board of Immigration 
     Appeals before that time, and upon motion, enters an order 
     continuing the stay.''; and
       (8) in subsection (h), as redesignated--
       (A) by striking ``Attorney General's'' and inserting 
     ``Secretary of Homeland Security's''; and
       (B) by striking ``Attorney General'' and inserting 
     ``Secretary''.

     SEC. __05. LEGAL ORIENTATION PROGRAM.

       (a) In General.--The Attorney General, in consultation with 
     the Secretary, shall ensure that all detained aliens in 
     immigration and asylum proceedings receive legal orientation 
     through a program administered and implemented by the 
     Executive Office for Immigration Review of the Department of 
     Justice.
       (b) Content of Program.--The legal orientation program 
     developed pursuant to this section shall be based on the 
     Legal Orientation Program carried out by the Executive Office 
     for Immigration Review on the date of the enactment of this 
     Act.
       (c) Expansion of Legal Assistance.--The Secretary shall 
     ensure the expansion through the United States Citizenship 
     and Immigration Service of public-private partnerships that 
     facilitate pro bono counseling and legal assistance for 
     asylum seekers awaiting a credible fear of persecution 
     interview, as a continuation of existing programs, such as 
     the pilot program developed in Arlington, Virginia by the 
     United States Citizenship and Immigration Service.

     SEC. __06. CONDITIONS OF DETENTION.

       (a) In General.--The Secretary shall ensure that standards 
     governing conditions and procedures at detention facilities 
     are fully implemented and enforced, and that all detention 
     facilities comply with the standards.
       (b) Procedures and Standards.--The Secretary shall 
     promulgate new standards, or modify existing detention 
     standards, to improve conditions in detention facilities. The 
     improvements shall address at a minimum the following 
     policies and procedures:
       (1) Fair and humane treatment.--Procedures to ensure that 
     detainees are not subject to degrading or inhumane treatment 
     such as physical abuse, sexual abuse or harassment, or 
     arbitrary punishment.
       (2) Limitations on solitary confinement.--Procedures 
     limiting the use of solitary confinement, shackling, and 
     strip searches of detainees to situations where the use of 
     such techniques is necessitated by security interests or 
     other extraordinary circumstances.
       (3) Investigation of grievances.--Procedures for the prompt 
     and effective investigation of grievances raised by 
     detainees.
       (4) Access to telephones.--Procedures permitting detainees 
     sufficient access to telephones, and the ability to contact, 
     free of charge, legal representatives, the immigration 
     courts, the Board of Immigration Appeals, and the Federal 
     courts through confidential toll-free numbers.
       (5) Location of facilities.--Location of detention 
     facilities, to the extent practicable, near sources of free 
     or low-cost legal representation with expertise in asylum or 
     immigration law.
       (6) Procedures governing transfers of detainees.--
     Procedures governing the transfer of a detainee that take 
     into account--
       (A) the detainee's access to legal representatives; and
       (B) the proximity of the facility to the venue of the 
     asylum or removal proceeding.
       (7) Quality of medical care.--
       (A) In general.--Prompt and adequate medical care provided 
     at no cost to the detainee, including dental care, eye care, 
     mental health care, and where appropriate, individual and 
     group counseling, medical dietary needs, and other medically 
     necessary specialized care. Medical facilities in all 
     detention facilities used by the Department maintain current 
     accreditation by the National Commission on Correctional 
     Health Care (NCCHC). Requirements that each medical

[[Page 14121]]

     facility that is not accredited by the Joint Commission on 
     the Accreditation of Health Care Organizations (JCAHO) will 
     seek to obtain such accreditation. Maintenance of complete 
     medical records for every detainee which shall be made 
     available upon request to a detainee, his legal 
     representative, or other authorized individuals.
       (8) Translation capabilities.--The employment of detention 
     facility staff that, to the extent practicable, are qualified 
     in the languages represented in the population of detainees 
     at a detention facility, and the provision of alternative 
     translation services when necessary.
       (9) Recreational programs and activities.--Daily access to 
     indoor and outdoor recreational programs and activities.
       (c) Special Standards for Noncriminal Detainees.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the distinctions between persons with 
     criminal convictions or a history of violent behavior and all 
     other detainees; and
       (2) ensure that procedures and conditions of detention are 
     appropriate for a noncriminal, nonviolent population.
       (d) Special Standards for Vulnerable Populations.--The 
     Secretary shall promulgate new standards, or modifications to 
     existing standards, that--
       (1) recognize the unique needs of asylum seekers, victims 
     of torture and trafficking, families with children, detainees 
     who do not speak English, detainees with special religious, 
     cultural or spiritual considerations, and other vulnerable 
     populations; and
       (2) ensure that procedures and conditions of detention are 
     appropriate for the populations listed in this subsection.
       (e) Training of Personnel.--
       (1) In general.--The Secretary shall ensure that personnel 
     in detention facilities are given specialized training to 
     better understand and work with the population of detainees 
     held at the facilities where such personnel work. The 
     training should address the unique needs of--
       (A) asylum seekers;
       (B) victims of torture or other trauma; and
       (C) other vulnerable populations.
       (2) Specialized training.--The training required by this 
     subsection shall be designed to better enable personnel to 
     work with detainees from different countries, and detainees 
     who cannot speak English. The training shall emphasize that 
     many detainees have no criminal records and are being held 
     for civil violations.

     SEC. __07. OFFICE OF DETENTION OVERSIGHT.

       (a) Establishment of the Office.--
       (1) In general.--There shall be established within the 
     Department an Office of Detention Oversight (in this section 
     referred to as the ``Office'').
       (2) Head of the office.--There shall be at the head of the 
     Office an Administrator who shall be appointed by, and shall 
     report to, the Secretary.
       (3) Schedule.--The Office shall be established and the 
     Administrator of the Office appointed not later than 6 months 
     after the date of enactment of this Act.
       (b) Responsibilities of the Office.--
       (1) Inspections of detention centers.--The Administrator of 
     the Office shall--
       (A) undertake frequent and unannounced inspections of all 
     detention facilities;
       (B) develop a procedure for any detainee or the detainee's 
     representative to file a written complaint directly with the 
     Office; and
       (C) report to the Secretary and to the Assistant Secretary 
     of Homeland Security for United States Immigration and 
     Customs Enforcement all findings of a detention facility's 
     noncompliance with detention standards.
       (2) Investigations.--The Administrator of the Office 
     shall--
       (A) initiate investigations, as appropriate, into 
     allegations of systemic problems at detention facilities or 
     incidents that constitute serious violations of detention 
     standards;
       (B) report to the Secretary and the Assistant Secretary of 
     Homeland Security for United States Immigration and Customs 
     Enforcement the results of all investigations; and
       (C) refer matters, where appropriate, for further action 
     to--
       (i) the Department of Justice;
       (ii) the Office of the Inspector General of the Department;
       (iii) the Office of Civil Rights and Civil Liberties of the 
     Department; or
       (iv) any other relevant office or agency.
       (3) Report to congress.--
       (A) In general.--The Administrator of the Office shall 
     submit to the Secretary, the Committee on the Judiciary and 
     the Committee on Homeland Security and Governmental Affairs 
     of the Senate, and the Committee on the Judiciary and the 
     Committee on Homeland Security of the House of 
     Representatives an annual report on the Administrator's 
     findings on detention conditions and the results of the 
     investigations carried out by the Administrator.
       (B) Contents of report.--Each report required by 
     subparagraph (A) shall include--
       (i) a description of the actions to remedy findings of 
     noncompliance or other problems that are taken by the 
     Secretary or the Assistant Secretary of Homeland Security for 
     United States Immigration and Customs Enforcement, and each 
     detention facility found to be in noncompliance; and
       (ii) information regarding whether such actions were 
     successful and resulted in compliance with detention 
     standards.
       (4) Review of complaints by detainees.--The Administrator 
     of the Office shall establish procedures to receive and 
     review complaints of violations of the detention standards 
     promulgated by the Secretary. The procedures shall protect 
     the anonymity of the claimant, including detainees, 
     employees, or others, from retaliation.
       (c) Cooperation With Other Offices and Agencies.--Whenever 
     appropriate, the Administrator of the Office shall cooperate 
     and coordinate its activities with--
       (1) the Office of the Inspector General of the Department;
       (2) the Office of Civil Rights and Civil Liberties of the 
     Department;
       (3) the Privacy Officer of the Department;
       (4) the Civil Rights Division of the Department of Justice; 
     or
       (5) any other relevant office or agency.

     SEC. __08. SECURE ALTERNATIVES PROGRAM.

       (a) Establishment of Program.--The Secretary shall 
     establish a secure alternatives program under which an alien 
     who has been detained may be released under enhanced 
     supervision to prevent the alien from absconding and to 
     ensure that the alien makes appearances related to such 
     detention.
       (b) Program Requirements.--
       (1) Nationwide implementation.--The Secretary shall 
     facilitate the development of the secure alternatives program 
     on a nationwide basis, as a continuation of existing pilot 
     programs such as the Intensive Supervision Appearance Program 
     developed by the Department.
       (2) Utilization of alternatives.--The secure alternatives 
     program shall utilize a continuum of alternatives based on 
     the alien's need for supervision, including placement of the 
     alien with an individual or organizational sponsor, or in a 
     supervised group home.
       (3) Aliens eligible for secure alternatives program.--
       (A) In general.--Aliens who would otherwise be subject to 
     detention based on a consideration of the release criteria in 
     section 236(b)(2), or who are released pursuant to section 
     236(e)(2), shall be considered for the secure alternatives 
     program.
       (B) Design of programs.--Secure alternatives programs shall 
     be designed to ensure sufficient supervision of the 
     population described in subparagraph (A).
       (4) Contracts.--The Secretary shall enter into contracts 
     with qualified nongovernmental entities to implement the 
     secure alternatives program.
       (5) Other considerations.--In designing such program, the 
     Secretary shall--
       (A) consult with relevant experts; and
       (B) consider programs that have proven successful in the 
     past, including the Appearance Assistance Program developed 
     by the Vera Institute and the Intensive Supervision 
     Appearance Program.

     SEC. __09. LESS RESTRICTIVE DETENTION FACILITIES.

       (a) Construction.--The Secretary shall facilitate the 
     construction or use of secure but less restrictive detention 
     facilities.
       (b) Criteria.--In developing detention facilities pursuant 
     to this section, the Secretary shall--
       (1) consider the design, operation, and conditions of 
     existing secure but less restrictive detention facilities, 
     such as the Department's detention facilities in Broward 
     County, Florida, and Berks County, Pennsylvania;
       (2) to the extent practicable, construct or use detention 
     facilities where--
       (A) movement within and between indoor and outdoor areas of 
     the facility is subject to minimal restrictions;
       (B) detainees have ready access to social, psychological, 
     and medical services;
       (C) detainees with special needs, including those who have 
     experienced trauma or torture, have ready access to services 
     and treatment addressing their needs;
       (D) detainees have ready access to programs and recreation;
       (E) detainees are permitted contact visits with legal 
     representatives and family members; and
       (F) special facilities are provided to families with 
     children.
       (c) Facilities for Families With Children.--For situations 
     where release or secure alternatives programs are not an 
     option, the Secretary shall, to the extent practicable, 
     ensure that special detention facilities are specifically 
     designed to house parents with their minor children, 
     including ensuring that--
       (1) procedures and conditions of detention are appropriate 
     for families with minor children; and
       (2) living and sleeping quarters for children under 14 
     years of age are not physically separated from at least 1 of 
     the child's parents.
       (d) Placement in Nonpunitive Facilities.--Among the factors 
     to be considered with respect to placing a detainee in a less 
     restrictive facility is whether the detainee is--
       (1) an asylum seeker;
       (2) part of a family with minor children;
       (3) a member of a vulnerable population; or
       (4) a nonviolent, noncriminal detainee.

[[Page 14122]]

       (e) Procedures and Standards.--Where necessary, the 
     Secretary shall promulgate new standards, or modify existing 
     detention standards, to promote the development of less 
     restrictive detention facilities.

     SEC. __10. AUTHORIZATION OF APPROPRIATIONS; EFFECTIVE DATE.

       (a) Authorization of Appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this subtitle.
       (b) Effective Date.--This subtitle and the amendments made 
     by this subtitle shall take effect on the date that is 6 
     months after the date of enactment of this Act.
                                 ______
                                 
  SA 1192. Mrs. HUTCHISON submitted an amendment intended to 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. ENHANCED ROLE FOR NON-GOVERNMENTAL ENTITIES.

       (a) In General.--In carrying out the provisions of this 
     title, or any of the amendments made by this title, the 
     Secretary of Homeland Security, the Secretary of Labor, and 
     the Secretary of State are authorized to enter into 
     contractual agreements with non-governmental entities--
       (1) to assist with the implementation, processing, and 
     operation of the temporary worker programs established under 
     subtitles A and B;
       (2) to maximize the effectiveness of such operations; and
       (3) to reduce expenditures and increase efficiencies 
     related to such operations.
       (b) Required Considerations.--To the extent that any 
     Secretary acts under the authority granted under subsection 
     (a), that Secretary shall give priority consideration to non-
     governmental entities with--
       (1) experience or competence in the business of evaluation, 
     recruitment, and placement of employees with employers based 
     in the United States;
       (2) the ability to ensure the security and placement of its 
     processes and operations; and
       (3) the ability to meet other any other requirements 
     determined to be appropriate by that Secretary.
                                 ______
                                 
  SA 1193. Mr. ROBERTS (for himself and Mr. Brownback) submitted an 
amendment intended to be proposed by him to the bill S. 1423, to extend 
tax relief to the residents and businesses of an area with respect to 
which a major disaster has been declared by the President under section 
401 of the Robert T. Stafford Disaster Relief and Emergency Assistance 
Act (FEMA-1699-DR) by reason of severe storms and tornados beginning on 
May 4, 2007, and determined by the President to warrant individual or 
public assistance from the Federal Government under such Act; which was 
referred to the Committee on Finance; as follows:

       Strike all after the enacting clause and insert the 
     following:

     SECTION 1. SHORT TITLE.

       This Act may be cited as ``Kansas Disaster Tax Relief 
     Assistance Act''.

     SEC. 2. TEMPORARY TAX RELIEF.

       (a) In General.--Subchapter Y of the Internal Revenue Code 
     of 1986 (relating to short-term regional benefits) is amended 
     by adding at the end the following new part:

           ``PART III--TAX BENEFITS FOR OTHER DISASTER AREAS

``Sec. l400U. Tax benefits for Kiowa County, Kansas and surrounding 
              area.

     ``SEC. 1400U. TAX BENEFITS FOR KIOWA COUNTY, KANSAS AND 
                   SURROUNDING AREA.

       ``The following provisions of this subchapter shall apply, 
     in addition to the areas described in such provisions, to an 
     area with respect to which a major disaster has been declared 
     by the President under section 401 of the Robert T. Stafford 
     Disaster Relief and Emergency Assistance Act (FEMA-1699-DR) 
     by reason of severe storms and tornados beginning on May 4, 
     2007, and determined by the President to warrant individual 
     or public assistance from the Federal Government under such 
     Act:
       ``(1) Suspension of certain limitations on personal 
     casualty losses.--Section 1400S(b)(1), by substituting `May 
     4, 2007' for 'August 25, 2005'.
       ``(2) Extension of replacement period for nonrecognition of 
     gain.--Section 1400L(g), by substituting `storms on May 4, 
     2007' for `terrorist attacks on September 11, 2001'.
       ``(3) Employee retention credit for employers affected by 
     may 4 storms.--Section 1400R(a)--
       ``(A) by substituting `May 4, 2007' for `August 28, 2005' 
     each place it appears,
       ``(B) by substituting `January 1, 2008' for `January 1, 
     2006' both places it appears, and
       ``(C) only with respect to eligible employers who employed 
     an average of not more than 200 employees on business days 
     during the taxable year before May 4, 2007.
       ``(4) Special allowance for certain property acquired on or 
     after may 5, 2007.--Section 1400N(d)--
       ``(A) by substituting `qualified Recovery Assistance 
     property' for `qualified Gulf Opportunity Zone property' each 
     place it appears,
       ``(B) by substituting `May 5, 2007' for `August 28, 2005' 
     each place it appears,
       ``(C) by substituting `December 31, 2008' for `December 31, 
     2007' in paragraph (2)(A)(v),
       ``(D) by substituting `December 31, 2009' for `December 31, 
     2008' paragraph (2)(A)(v),
       ``(E) by substituting `May 4, 2007' for `August 27, 2005' 
     in paragraph (3)(A),
       ``(F) by substituting `January 1, 2009' for `January 1, 
     2008' in paragraph (3)(B), and
       ``(G) determined without regard to paragraph (6) thereof.
       ``(5) Increase in expensing under section 179.--Section 
     1400N(e), by substituting `qualified section 179 Recovery 
     Assistance property' for `qualified section 179 Gulf 
     Opportunity Zone property' each place it appears.
       ``(6) Expensing for certain demolition and clean-up 
     costs.--Section 1400N(f)--
       ``(A) by substituting `qualified Recovery Assistance clean-
     up cost' for `qualified Gulf Opportunity Zone clean-up cost' 
     each place it appears, and
       ``(B) by substituting `beginning on May 4, 2007, and ending 
     on December 31, 2009' for `beginning on August 28, 2005, and 
     ending on December 31, 2007' in paragraph (2) thereof.
       ``(7) Treatment of public utility property disaster 
     losses.--Section 1400N(o).
       ``(8) Treatment of net operating losses attributable to 
     storm losses.--Section 1400N(k)--
       ``(A) by substituting `qualified Recovery Assistance loss' 
     for `qualified Gulf Opportunity Zone loss' each place it 
     appears,
       ``(B) by substituting `after May 3, 2007, and before on 
     January 1, 2010' for `after August 27, 2005, and before 
     January 1, 2008' each place it appears,
       ``(C) by substituting `May 4, 2007' for `August 28, 2005' 
     in paragraph (2)(B)(ii)(I) thereof,
       ``(D) by substituting `qualified Recovery Assistance 
     property' for 'qualified Gulf Opportunity Zone property' in 
     paragraph (2)(B)(iv) thereof, and
       ``(E) by substituting `qualified Recovery Assistance 
     casualty loss' for `qualified Gulf Opportunity Zone casualty 
     loss' each place it appears.
       ``(9) Treatment of representations regarding income 
     eligibility for purposes of qualified rental project 
     requirements.--Section 1400N(n).
       ``(10) Special rules for use of retirement funds.--Section 
     1400Q--
       ``(A) by substituting `qualified Recovery Assistance 
     distribution' for `qualified hurricane distribution' each 
     place it appears,
       ``(B) by substituting `on or after May 4, 2007, and before 
     January 1, 2009' for `on or after August 25, 2005, and before 
     January 1, 2007' in subsection (a)(4)(A)(i),
       ``(C) by substituting `qualified storm distribution' for 
     `qualified Katrina distribution' each place it appears,
       ``(D) by substituting `after November 4, 2006, and before 
     May 5, 2007' for `after February 28, 2005, and before August 
     29, 2005' in subsection (b)(2)(B)(ii),
       ``(E) by substituting `beginning on May 4, 2007, and ending 
     on November 5, 2007' for `beginning on August 25, 2005, and 
     ending on February 28, 2006' in subsection (b)(3)(A),
       ``(F) by substituting `qualified storm individual' for 
     `qualified Hurricane Katrina individual' each place it 
     appears,
       ``(G) by substituting `December 31, 2007' for `December 31, 
     2006' in subsection (c)(2)(A),
       ``(H) by substituting `beginning on June 4, 2007, and 
     ending on December 31, 2007' for `beginning on September 24, 
     2005, and ending on December 31, 2006' in subsection 
     (c)(4)(A)(i),
       ``(I) by substituting `May 4, 2007' for `August 25, 2005' 
     in subsection (c)(4)(A)(ii), and
       ``(J) by substituting `January 1, 2008' for `January 1, 
     2007' in subsection (d)(2)(A)(ii).''.
       (b) Clerical Amendment.--The table of parts for subchapter 
     Y of the Internal Revenue Code of 1986 is amended by adding 
     at the end the following new item:

``Part III. Tax benefits for other disaster areas.''.
                                 ______
                                 
  SA 1194. Mr. MENENDEZ (for himself Mr. Hagel, Mr. Durbin, Mrs. 
Clinton, Mr. Dodd, Mr. Obama, Mr. Akaka, Mr. Lautenberg, and Mr. 
Inouye) 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:

       In paragraph (1) of subsection (c) of the quoted matter 
     under section 501(a), strike ``567,000'' and insert 
     ``677,000''.
       In the fourth item contained in the second column of the 
     row relating to extended family of the table contained in 
     subparagraph (A) of paragraph (1) of the quoted matter under 
     section 502(b)(1), strike ``May 1, 2005'' and insert 
     ``January 1, 2007''.
       In paragraph (3) of the quoted matter under section 
     503(c)(3), strike ``May 1, 2005'' and insert ``January 1, 
     2007''.
       In paragraph (3) of the quoted matter under section 
     503(c)(3), strike ``440,000'' and insert ``550,000''.

[[Page 14123]]

       In subparagraph (A) of paragraph (3) of the quoted matter 
     under section 503(c)(3), strike ``70,400'' and insert 
     ``88,000''.
       In subparagraph (B) of paragraph (3) of the quoted matter 
     under section 503(c)(3), strike ``110,000'' and insert 
     ``137,500''.
       In subparagraph (C) of paragraph (3) of the quoted matter 
     under section 503(c)(3), strike ``70,400'' and insert 
     ``88,000''.
       In subparagraph (D) of paragraph (3) of the quoted matter 
     under section 503(c)(3), strike ``189,200'' and insert 
     ``236,500''.
       In paragraph (2) of section 503(e), strike ``May 1, 2005'' 
     each place it appears and insert ``January 1, 2007''.
       In paragraph (1) of section 503(f), strike ``May 1, 2005'' 
     and insert ``January 1, 2007,''.
       In paragraph (6) of the quoted matter under section 508(b), 
     strike ``May 1, 2005'' and insert ``January 1, 2007''.
       In paragraph (5) of section 602(a), strike ``May 1, 2005'' 
     and insert ``January 1, 2007''.
       In subparagraph (A) of section 214A(j)(7) of the quoted 
     matter under section 622(b), strike ``May 1, 2005'' and 
     insert ``January 1, 2007''.
                                 ______
                                 
  SA 1195. Mr. ENSIGN (for himself and Mr. Thomas) 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 607 and insert the following:

     SEC. 607. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO 
                   ENUMERATION.

       (a) Insured Status.--Section 214 of the Social Security Act 
     (42 U.S.C. 414) is amended by adding at the end, the 
     following new subsection:
       ``(d)(1) Except as provided in paragraph (2), no quarter of 
     coverage shall be credited for purposes of this section if, 
     with respect to any individual who is assigned a social 
     security account number on or after the date of enactment of 
     the Secure Borders, Economic Opportunity and Immigration 
     Reform Act of 2007, such quarter of coverage is earned prior 
     to the year in which such social security account number is 
     assigned.
       ``(2) Paragraph (1) shall not apply with respect to any 
     quarter of coverage earned by an individual who, at such time 
     such quarter of coverage is earned, satisfies the criterion 
     specified in subsection (c)(2).''.
       (b) Benefit Computation.--Section 215(e) of such Act (42 
     U.S.C. 415(e)) is amended--
       (1) by striking ``and'' at the end of paragraph (1);
       (2) by striking the period at the end of paragraph (2) and 
     inserting ``; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) in computing the average indexed monthly earnings of 
     an individual who is assigned a social security account 
     number on or after the date of enactment of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007, there shall not be counted any wages or self-employment 
     income for which no quarter of coverage may be credited to 
     such individual as a result of the application of section 
     214(d).''.

                                 ______
                                 
  SA 1196. 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:

       At the appropriate place, insert the following:

     SEC. ___. CUSTOMS AND BORDER PATROL MANAGEMENT FLEXIBILITY.

       Notwithstanding any other provision of law, the 
     Commissioner of U.S. Customs and Border Patrol may employ, 
     appoint, discipline, terminate, and fix the compensation, 
     terms, and conditions of employment of Federal service for 
     such a number of individuals as the Commissioner determines 
     to be necessary to carry out the functions of the U.S. 
     Customs and Border Patrol. The Commissioner shall establish 
     levels of compensation and other benefits for individuals so 
     employed.

                                 ______
                                 
  SA 1197. 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:

       At the end of subsection (e) of section 601, add the 
     following:
       (9) Health coverage.--The alien shall establish that the 
     alien will maintain a minimum level of health coverage 
     through a qualified health care plan (within the meaning of 
     section 223(c) of the Internal Revenue Code of 1986).
                                 ______
                                 
  SA 1198. 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 Y NONIMMIGRANT VISAS.

       (a) In General.--The Secretary of Homeland Security shall 
     annually report to Congress on the number of Y nonimmigrant 
     visa holders that do not report at a port of departure and 
     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) Timing of Reports.--
       (1) Initial report.--The initial report required under 
     subsection (a) shall be submitted to Congress 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.
       (2) Subsequent reports.--Following the submission of the 
     initial report under paragraph (1), each subsequent report 
     required under subsection (a) shall be submitted to Congress 
     not later than 60 days after the end of each calendar year.
       (c) Required Action.--Based upon the findings in the 
     reports required under subsection (a), the Secretary, for the 
     following calendar year, shall reduce the number of available 
     Y nonimmigrant visas by a number which is equal to the number 
     of Y nonimmigrant visa holders who do not 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.
                                 ______
                                 
  SA 1199. Mr. DODD (for himself and Mr. Menendez) proposed an 
amendment SA 1150 proposed by Mr. Reid (for himself and Mr. Specter) to 
the bill S. 1348, to provide for comprehensive immigration reform and 
for other purposes; as follows:

       Beginning on page 270, line 15, strike ``not to exceed 
     40,000'' and all that follows through ``Y-1 nonimmigrant 
     status terminated.'' on page 280, line 2, and insert the 
     following: ``not to exceed 90,000, plus any visas not 
     required for the classes specified in paragraph (3), or''.
       (2) By striking paragraph (2) and inserting the following:
       ``(2) Spouses or children of an alien lawfully admitted for 
     permanent residence or a national. Qualified immigrants who 
     are the spouses or children of an alien lawfully admitted for 
     permanent residence or a noncitizen national of the United 
     States as defined in section 101(a)(22)(B) of this Act who is 
     resident in the United States shall be allocated visas in a 
     number not to exceed 87,000, plus any visas not required for 
     the class specified in paragraph (1).''.
       (3) By striking paragraph (3) and inserting the following:
       ``(3) Family-sponsored immigrants who are beneficiaries of 
     family-based visa petitions filed before May 1, 2005. 
     Immigrant visas totaling 440,000 shall be allotted visas as 
     follows:
       ``(A) Qualified immigrants who are the unmarried sons or 
     daughters of citizens of the United States shall be allocated 
     visas totaling 70,400 immigrant visas, plus any visas not 
     required for the class specified in (D).
       ``(B) Qualified immigrants who are the unmarried sons or 
     unmarried daughters of an alien lawfully admitted for 
     permanent residence, shall be allocated visas totaling 
     110,000 immigrant visas, plus any visas not required for the 
     class specified in (A).
       ``(C) Qualified immigrants who are the married sons or 
     married daughters of citizens of the United States shall be 
     allocated visas totaling 70,400 immigrant visas, plus any 
     visas not required for the class specified in (A) and (B).
       ``(D) Qualified immigrants who are the brothers or sisters 
     of citizens of the United States, if such citizens are at 
     least 21 years of age, shall be allocated visas totaling 
     189,200 immigrant visas, plus any visas not required for the 
     class specified in (A), (B), and (C).''.
       (4) By striking paragraph (4).
       (d) Petition.--Section 204(a)(1)(A)(i) of the Immigration 
     and Nationality Act (8 U.S.C. 1154(a)(1)(A)(i)) is amended by 
     striking ``, (3), or (4)'' after ``paragraph (1)''.
       (e) Effective Date.--
       (1) In general.--The amendments made by this section shall 
     take effect on the first day of the fiscal year subsequent to 
     the fiscal year of enactment.
       (2) Pending and approved petitions.--Petitions for a 
     family-sponsored visa filed for classification under section 
     203(a)(1), (2)(B), (3), or (4) of the Immigration and 
     Nationality Act (as such provisions existed prior to the 
     enactment of this section) which were filed before May 1, 
     2005, regardless of whether the petitions have been approved 
     before May 1, 2005, shall be treated as if such provision 
     remained in effect, and an approved petition may be the basis 
     of an immigrant visa pursuant to section 203(a)(3).
       (f) Determinations of Number of Intending Lawful Permanent 
     Residents.--
       (1) Survey of pending and approved family-based 
     petitions.--The Secretary of Homeland Security may require a 
     submission from petitioners with approved or pending family-
     based petitions filed for classification under section 
     203(a)(1), (2)(B), (3), or (4) of the Immigration and 
     Nationality Act (as such provisions existed prior to the 
     enactment of this section) filed on or before May 1, 2005 to 
     determine that the petitioner and the beneficiary have a 
     continuing commitment to the petition for the alien relative 
     under the classification. In the event

[[Page 14124]]

     the Secretary requires a submission pursuant to this section, 
     the Secretary shall take reasonable steps to provide notice 
     of such a requirement. In the event that the petitioner or 
     beneficiary is no longer committed to the beneficiary 
     obtaining an immigrant visa under this classification or if 
     the petitioner does not respond to the request for a 
     submission, the Secretary of Homeland Security may deny the 
     petition if the petition has not been adjudicated or revoke 
     the petition without additional notice pursuant to section 
     205 if it has been approved.
       (2) First survey of z nonimmigrants intending to adjust 
     status.--The Secretary shall establish procedures by which 
     nonimmigrants described in section 101(a)(15)(Z) who seek to 
     become aliens lawfully admitted for permanent residence under 
     the merit-based immigrant system shall establish their 
     eligibility, pay any applicable fees and penalties, and file 
     their petitions. No later than the conclusion of the eighth 
     fiscal year after the effective date of section 218D of the 
     Immigration and Nationality Act, the Secretary will determine 
     the total number of qualified applicants who have followed 
     the procedures set forth in this section. The number 
     calculated pursuant to this paragraph shall be 20 percent of 
     the total number of qualified applicants. The Secretary will 
     calculate the number of visas needed per year.
       (3) Second survey of z nonimmigrants intending to adjust 
     status.--No later than the conclusion of the thirteenth 
     fiscal year after the effective date of section 218D of the 
     Immigration and Nationality Act, the Secretary will determine 
     the total number of qualified applicants not described in 
     paragraph (2) who have followed the procedures set forth in 
     this section. The number calculated pursuant to this 
     paragraph shall be the lesser of:
       (A) the number of qualified applicants, as determined by 
     the Secretary pursuant to this paragraph; and
       (B) the number calculated pursuant to paragraph (2).
       (g) Conforming Amendments.--
       (1) Section 212(d)(12)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1182(d)(12)(B)) is amended by 
     striking ``201(b)(2)(A)'' and inserting ``201(b)(2)''.
       (2) Section 101(a)(15)(K) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(K)) is amended by 
     striking ``201(b)(2)(A)(i)'' and inserting ``201(b)(2)''.
       (3) Section 204(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1154(a)) is amended by striking ``201(b)(2)(A)(i)'' 
     each place it appears and inserting ``201(b)(2)''.
       (4) Section 214(r)(3)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1184(r)(3)(A)) is amended by striking 
     ``201(b)(2)(A)(i)'' and inserting ``201(b)(2)''.

     SEC. 504. CREATION OF PROCESS FOR IMMIGRATION OF FAMILY 
                   MEMBERS IN HARDSHIP CASES.

       (a) In General.--The Immigration and Nationality Act (8 
     U.S.C. 1101 et seq.) is amended by adding a new section 203A 
     reading:

     ``SEC. 203A. IMMIGRANT VISAS FOR HARDSHIP CASES.

       ``(a) In General.--Immigrant visas under this section may 
     not exceed 5,000 per fiscal year.
       ``(b) Determination of Eligibility.--The Secretary of 
     Homeland Security may grant an immigrant visa to an applicant 
     who satisfies the following qualifications:
       ``(1) Family relationship.--Visas under this section will 
     be given to aliens who are:
       ``(A) the unmarried sons or daughters of citizens of the 
     United States;
       ``(B) the unmarried sons or the unmarried daughters of 
     aliens lawfully admitted for permanent residence;
       ``(C) the married sons or married daughters of citizens of 
     the United States; or
       ``(D) the brothers or sisters of citizens of the United 
     States, if such citizens are at least 21 years of age.
       ``(2) Necessary hardship.--The petitioner must demonstrate 
     to the satisfaction of the Secretary of Homeland Security 
     that the lack of an immigrant visa under this clause would 
     result in extreme hardship to the petitioner or the 
     beneficiary that cannot be relieved by temporary visits as a 
     nonimmigrant.
       ``(3) Ineligibility to immigrate through other means.--The 
     alien described in clause (1) must be ineligible to immigrate 
     or adjust status through other means, including but not 
     limited to obtaining an immigrant visa filed for 
     classification under section 201(b)(2)(A) or section 203(a) 
     or (b) of this Act, and obtaining cancellation of removal 
     under section 240A(b) of this Act. A determination under this 
     section that an alien is eligible to immigrate through other 
     means does not foreclose or restrict any later determination 
     on the question of eligibility by the Secretary of Homeland 
     Security or the Attorney General.
       ``(c) Processing of Applications.--
       ``(1) An alien selected for an immigrant visa pursuant to 
     this section shall remain eligible to receive such visa only 
     if the alien files an application for an immigrant visa or an 
     application for adjustment of status within the fiscal year 
     in which the visa becomes available, or at such reasonable 
     time as the Secretary may specify after the end of the fiscal 
     year for petitions approved in the last quarter of the fiscal 
     year.
       ``(2) All petitions for an immigrant visa under this 
     section shall automatically terminate if not granted within 
     the fiscal year in which they were filed. The Secretary may 
     in his discretion establish such reasonable application 
     period or other procedures for filing petitions as he may 
     deem necessary in order to ensure their orderly processing 
     within the fiscal year of filing.
       ``(3) The Secretary may reserve up to 2,500 of the 
     immigrant visas under this section for approval in the period 
     between March 31 and September 30 of a fiscal year.
       ``(d) Decisions whether an alien qualifies for an immigrant 
     visa under this section are in the unreviewable discretion of 
     the Secretary.''.

     SEC. 505. ELIMINATION OF DIVERSITY VISA PROGRAM.

       (a) Section 201 of the Immigration and Nationality Act (8 
     U.S.C. 1151) is amended--
       (1) in subsection (a)--
       (A) by inserting ``and'' at the end of paragraph (1);
       (B) by striking ``; and'' at the end of paragraph (2) and 
     inserting a period; and
       (C) by striking paragraph (3); and
       (2) by striking subsection (e).
       (b) Section 203 of the Immigration and Nationality Act (8 
     U.S.C. 1153) is amended--
       (1) by striking subsection (c);
       (2) in subsection (d), by striking ``(a), (b), or (c),'' 
     and inserting ``(a) or (b),'';
       (3) in subsection (e), by striking paragraph (2) and 
     redesignating paragraph (3) as paragraph (2);
       (4) in subsection (f), by striking ``(a), (b), or (c)'' and 
     inserting ``(a) or (b)''; and
       (5) in subsection (g), by striking ``(a), (b), and (c)'' 
     and inserting ``(a) and (b)''.
       (c) Section 204 of the Immigration and Nationality Act (8 
     U.S.C. 1154) is amended--
       (1) by striking subsection (a)(1)(I);
       (2) by redesignating subparagraphs (J), (K), and (L) of 
     subsection (a)(1) as subparagraphs (I), (J), and (K), 
     respectively; and
       (3) in subsection (e), by striking ``(a), (b), or (c)'' and 
     inserting ``(a) or (b)''.
       (d) Repeal of Temporary Reduction in Visas for Other 
     Workers.--Section 203(e) of the Nicaraguan Adjustment and 
     Central American Relief Act, as amended (Public Law 105-100; 
     8 U.S.C. 1153 note), is repealed.
       (e) Effective Date.--
       (1) The amendments made by this section shall take effect 
     on October 1, 2008.
       (2) No alien may receive lawful permanent resident status 
     based on the diversity visa program on or after the effective 
     date of this section.
       (f) Conforming Amendments.--Section 203 of the Immigration 
     and Nationality Act (8 U.S.C. 1153(a)) is amended by 
     redesignating paragraphs (d), (e), (f), (g), and (h) as 
     paragraphs (c), (d), (e), (f), and (g), respectively.

     SEC. 506. FAMILY VISITOR VISAS.

       (a) Section 101(a)(15)(B) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(15)(B)) is amended to read 
     as follows:
       ``(B) an alien (other than one coming for the purpose of 
     study or of performing skilled or unskilled labor or as a 
     representative of foreign press, radio, film, or other 
     foreign information media coming to engage in such vocation) 
     having a residence in a foreign country which he or she has 
     no intention of abandoning and who is visiting the United 
     States temporarily for business or temporarily for pleasure. 
     The requirement that the alien have a residence in a foreign 
     country which the alien has no intention of abandoning shall 
     not apply to an alien described in section 214(s) who is 
     seeking to enter as a temporary visitor for pleasure;''.
       (b) Section 214 of the Immigration and Nationality Act (8 
     U.S.C. 1184) is amended by adding at the end the following 
     new subsection:
       ``(s) Parent Visitor Visas.--
       ``(1) In general.--The parent of a United States citizen at 
     least 21 years of age, or the spouse or child of an alien in 
     nonimmigrant status under 101(a)(15)(Y)(i), demonstrating 
     satisfaction of the requirements of this subsection may be 
     granted a renewable nonimmigrant visa valid for 3 years for a 
     visit or visits for an aggregate period not in excess of 180 
     days in any one year period under section 101(a)(15)(B) as a 
     temporary visitor for pleasure.
       ``(2) Requirements.--An alien seeking a nonimmigrant visa 
     under this subsection must demonstrate through presentation 
     of such documentation as the Secretary may by regulations 
     prescribe, that--
       ``(A) the alien's United States citizen son or daughter who 
     is at least 21 years of age or the alien's spouse or parent 
     in nonimmigrant status under 101(a)(15)(Y)(i), is sponsoring 
     the alien's visit to the United States;
       ``(B) the sponsoring United States citizen, or spouse or 
     parent in nonimmigrant status under 101(a)(15)(Y)(i), has, 
     according to such procedures as the Secretary may by 
     regulations prescribe, posted on behalf of the alien a bond 
     in the amount of $1,000, which shall be forfeited if the 
     alien overstays the authorized period of admission (except as 
     provided in subparagraph (5)(B)) or otherwise violates the 
     terms and conditions of his or her nonimmigrant status; and
       ``(C) the alien, the sponsoring United States citizen son 
     or daughter, or the spouse or parent in nonimmigrant status 
     under 101(a)(15)(Y)(i), possesses the ability and financial 
     means to return the alien to his or her country of residence.

[[Page 14125]]

       ``(3) Terms and conditions.--An alien admitted as a visitor 
     for pleasure under the provisions of this subsection--
       ``(A) may not stay in the United States for an aggregate 
     period in excess of 180 days within any calendar year unless 
     an extension of stay is granted upon the specific approval of 
     the district director for good cause;
       ``(B) must, according to such procedures as the Secretary 
     may by regulations prescribe, register with the Secretary 
     upon departure from the United States; and
       ``(C) may not be issued employment authorization by the 
     Secretary or be employed.
       ``(4) Permanent bars for overstays.--
       ``(A) In general.--Any alien admitted as a visitor for 
     pleasure under the terms and conditions of this subsection 
     who remains in the United States beyond his or her authorized 
     period of admission is permanently barred from any future 
     immigration benefits under the immigration laws, except--
       ``(i) asylum under section 208(a);
       ``(ii) withholding of removal under section 241(b)(3); or
       ``(iii) protection under the Convention Against Torture and 
     Other Cruel, Inhuman or Degrading Treatment or Punishment, 
     done at New York December 10, 1984.
       ``(B) Exception.--Overstay of the authorized period of 
     admission granted to aliens admitted as visitors for pleasure 
     under the terms and conditions of this subsection may be 
     excused in the discretion of the Secretary where it is 
     demonstrated that:
       ``(i) the period of overstay was due to extraordinary 
     circumstances beyond the control of the applicant, and the 
     Secretary finds the period commensurate with the 
     circumstances; and
       ``(ii) the alien has not otherwise violated his or her 
     nonimmigrant status.
       ``(5) Bar on sponsor of overstay.--The United States 
     citizen or Y-1 nonimmigrant sponsor of an alien--
       ``(A) admitted as a visitor for pleasure under the terms 
     and conditions of this subsection, and
       ``(B) who remains in the United States beyond his or her 
     authorized period of admission, shall be permanently barred 
     from sponsoring that alien for admission as a visitor for 
     pleasure under the terms and conditions of this subsection, 
     and, in the case of a Y-1 nonimmigrant sponsor, shall have 
     his Y-1 nonimmigrant status terminated.
                                 ______
                                 
  SA 1200. Mr. GREGG 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 subsection (c) of section 418 and all that follows 
     through subsection (d) of section 420, and insert the 
     following:
       (c) Granting Dual Intent to Certain Nonimmigrant 
     Students.--Subsection (h) of section 214 of the Immigration 
     and Nationality Act (8 U.S.C. 1184(h)) is amended--
       (1) by striking ``(H)(i)(b) or (c),'' and inserting 
     ``(F)(iv), (H)(i)(b), (H)(i)(c),''; and
       (2) by striking ``if the alien had obtained a change of 
     status'' and inserting ``if the alien had been admitted as, 
     provided status as, or obtained a change of status''.

     SEC. 419. H-1B STREAMLINING AND SIMPLIFICATION.

       (a) H-1B Amendments.--
       (1) In general.--Section 214(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)) is amended--
       (A) in paragraph (1)(A), by striking clauses (i) through 
     (vii) and inserting the following:
       ``(i) 150,000 in fiscal year 2008;
       ``(ii) in any subsequent fiscal year, subject to clause 
     (iii), the number for the previous fiscal year as adjusted in 
     accordance with the method set forth in paragraph (2); and
       ``(iii) 215,000 for any fiscal year; or'';
       (B) in paragraph (6), as redesignated by section 409--
       (i) in subparagraph (B), by striking ``; or'' and inserting 
     a semicolon;
       (ii) in subparagraph (C), by striking ``until the number of 
     aliens who are exempted from such numerical limitation during 
     such fiscal year exceeds 20,000.'' and inserting ``; or''; 
     and
       (iii) by adding at the end the following:
       ``(D) has earned a master's or higher degree in science, 
     technology, engineering, or mathematics from an institution 
     of higher education outside of the United States.''; and
       (C) in paragraph (9), as redesignated by section 409--
       (i) in subparagraph (B)--

       (I) in clause (iii), by striking ``The annual numerical 
     limitations described in clause (i) shall not exceed'' and 
     inserting ``Without respect to the annual numerical 
     limitations described in clause (i), the Secretary may issue 
     a visa or otherwise grant nonimmigrant status pursuant to 
     section 1101(a)(15)(H)(i)(b) in the following quantities:''; 
     and

       (ii) by striking clause (iv); and
       (iii) by striking subparagraph (D).
       (2) Applicability.--The amendments made by paragraph (1)(B) 
     shall apply with respect to any petition or visa application 
     pending on the date of the enactment of this Act and to any 
     petition or visa application filed on or after such date of 
     enactment.
       (b) Requiring a Degree.--Paragraph (2) of section 214(i) (8 
     U.S.C. 1184(i)) is amended--
       (1) in subparagraph (A), by striking the comma at the end 
     and inserting ``; and'';
       (2) in subparagraph (B), by striking ``, or'' and inserting 
     a period; and
       (3) by striking subparagraph (C).
       (c) Provision of W-2 Forms.--Section 214(g)(5), as 
     redesignated by section 409, is amended to read as follows:
       ``(5) In the case of a nonimmigrant described in section 
     101(a)(15)(H)(i)(b)--
       ``(A) the period of authorized admission as such a 
     nonimmigrant may not exceed 6 years (except for a 
     nonimmigrant who has filed a petition for an immigrant visa 
     under section 203(b)(1), if 365 days or more have elapsed 
     since filing and it has not been denied, in which case the 
     Secretary of Homeland Security may extend the stay of an 
     alien in 1-year increments until such time as a final 
     decision is made on the alien's lawful permanent residence);
       ``(B) if the alien is granted an initial period of 
     admission less than 6 years, any subsequent application for 
     an extension of stay for such alien shall include the Form W-
     2 Wage and Tax Statement filed by the employer for such 
     employee, and such other form or information relating to such 
     employment as the Secretary of Homeland Security, in the 
     discretion of the Secretary, may specify, with respect to 
     such nonimmigrant alien employee for the period of admission 
     granted to the alien; and
       ``(C) notwithstanding section 6103 of the Internal Revenue 
     Code of 1986, or any other law, the Commissioner of Internal 
     Revenue or the Commissioner of the Social Security 
     Administration shall upon request of the Secretary confirm 
     whether the Form W-2 Wage and Tax Statement filed by the 
     employer under subparagraph (B) matches a Form W-2 Wage and 
     Tax Statement filed with the Internal Revenue Service or the 
     Social Security Administration, as the case may be.''.
       (d) Extension of H-1B Status for Merit-based Adjustment 
     Applicants.--
       (1) In general.--Section 214(g)(4), as redesignated by 
     section 409, is amended--
       (A) by inserting ``(A)'' after ``(4)'';
       (B) by striking ``If an alien'' and inserting the 
     following:
       ``(B) If an alien''; and
       (C) by adding at the end the following:
       ``(C) Subparagraph (B) shall not apply to such a 
     nonimmigrant who has filed a petition for an immigrant visa 
     accompanied by a qualifying employer recommendation under 
     section 203(b)(1), if 365 days or more have elapsed since 
     filing and it has not been denied, in which case the 
     Secretary of Homeland Security may extend the stay of an 
     alien in 1-year increments until such time as a final 
     decision is made on the alien's lawful permanent 
     residence.''.
       (2) Repeal.--Section 106 of the American Competitiveness in 
     the Twenty-first Century Act of 2000 (8 U.S.C. 1184 note) is 
     amended by striking subsections (a) and (b).

     SEC. 420. H-1B EMPLOYER REQUIREMENTS.

       (a) Nondisplacement Requirement.--
       (1) Extending time period for nondisplacement.--Section 
     212(n) of the Immigration and Nationality Act (8 U.S.C. 
     1182(n)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E), by striking ``90 days'' each place 
     it appears and inserting ``180 days''; and
       (ii) in subparagraph (F)(ii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''; and
       (B) in paragraph (2)(C)(iii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''.
       (2) Effective date.--The amendments made by paragraph (1)--
       (A) shall apply to applications filed on or after the date 
     of the enactment of this Act; and
       (B) shall not apply to displacements for periods occurring 
     more than 90 days before such date.
       (b) H-1B Nonimmigrants Not Admitted for Jobs Advertised or 
     Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of 
     such Act, as amended by this section, is further amended--
       (1) by inserting after subparagraph (G) the following:
       ``(H)(i) The employer has not advertised the available jobs 
     specified in the application in an advertisement that states 
     or indicates that--
       ``(I) the job or jobs are only available to persons who are 
     or who may become H-1B nonimmigrants; or
       ``(II) persons who are or who may become H-1B nonimmigrants 
     shall receive priority or a preference in the hiring process.
       ``(ii) The employer has not only recruited persons who are, 
     or who may become, H-1B nonimmigrants to fill the job or 
     jobs.''; and
       (2) in the flush text at the end, by striking ``The 
     employer'' and inserting the following:
       ``(K) The employer''.
       (c) Limit on Percentage of H-1B Employees.--Section 
     212(n)(1) of such Act, as amended by this section, is further 
     amended by inserting after subparagraph (H), as added by 
     subsection (b)(1), the following:
       ``(I) If the employer employs not less than 50 employees in 
     the United States, not more than 50 percent of such employees 
     are H-1B nonimmigrants.''.

[[Page 14126]]


                                 ______
                                 
  SA 1201. Mr. ALLARD submitted an amendment intended to be proposed by 
him to the bill S. 1348, to provide for comprehensive immigration 
reform and for other purposes; as follows:

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

     SEC. 704. LOSS OF NATIONALITY.

       (a) In General.--Section 349(a)(3) (8 U.S.C. 1481(a)(3)) is 
     amended to read as follows:
       ``(3) entering, or serving in, the armed forces of a 
     foreign state if--
       ``(A) such armed forces are engaged in, or attempt to 
     engage in, hostilities or acts of terrorism against the 
     United States; or
       ``(B) such person is serving or has served as a general 
     officer in the armed forces of a foreign state; or''.
       (b) Special Rule and Definitions.--Such section 349 is 
     amended by adding at the end the following new subsections:
       ``(c) Special Rule.--Any person described in subsection 
     (a), who commits an act described in such subsection, shall 
     be presumed to have committed such act with the intention of 
     relinquishing United States nationality, unless such 
     presumption is overcome by a preponderance of evidence.
       ``(d) Definitions.--In this section:
       ``(1) Armed forces of a foreign state.--The term `armed 
     forces of a foreign state' includes any armed band, militia, 
     organized force, or other group that is engaged in, or 
     attempts to engage in, hostilities against the United States 
     or terrorism.
       ``(2) Foreign state.--The term `foreign state' includes any 
     group or organization (including any recognized or 
     unrecognized quasi-government entity) that is engaged in, or 
     attempts to engage in, hostilities against the United States 
     or terrorism.
       ``(3) Hostilities against the united states.--The term 
     `hostilities against the United States' means the enticing, 
     preparation, or encouragement of armed conflict against 
     United States citizens or businesses or a facility of the 
     United States Government.
       ``(4) Terrorism.--The term `terrorism' has the meaning 
     given that term in section 2(15) of the Homeland Security Act 
     of 2002 (6 U.S.C. 101(15))''.
                                 ______
                                 
  SA 1202. Mr. OBAMA (for himself and Mr. Menendez) 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 V, insert the following:

     SEC. 509. TERMINATION.

       (a) In General.--The amendments described in subsection (b) 
     shall be effective during the 5-year period ending on 
     September 30 of the fifth fiscal year following the fiscal 
     year in which this Act is enacted.
       (b) Provisions.--The amendments described in this 
     subsection are the following:
       (1) The amendments made by subsections (a) and (b) of 
     section 501.
       (2) The amendments made by subsections (b), (c), and (e) of 
     section 502.
       (3) The amendments made by subsections (a), (b), (c), (d), 
     and (g) of section 503.
       (4) The amendments made by subsection (a) of section 504.
       (c) Worldwide Level of Employment-Based Immigrants.--
       (1) Temporary supplemental allocation.--Section 201(d) (8 
     U.S.C. 1151(d)) is amended by adding at the end the follows 
     new paragraphs:
       ``(3) Temporary supplemental allocation.--Notwithstanding 
     paragraphs (1) and (2), there shall be a temporary 
     supplemental allocation of visas as follows:
       ``(A) For the first 5 fiscal years in which aliens 
     described in section 101(a)(15)(Z) are eligible for an 
     immigrant visa, the number calculated pursuant to section 
     503(f)(2) of the Secure Borders, Economic Opportunity, and 
     Immigration Reform Act of 2007.
       ``(B) In the sixth fiscal year in which aliens described in 
     section 101(a)(15)(Z) are eligible for an immigrant visa, the 
     number calculated pursuant to section 503(f)(3) of Secure 
     Borders, Economic Opportunity, and Immigration Reform Act of 
     2007.
       ``(C) Starting in the seventh fiscal year in which aliens 
     described in section 101(a)(15)(Z) are eligible for an 
     immigrant visa, the number equal to the number of aliens 
     described in section 101(a)(15)(Z) who became aliens admitted 
     for permanent residence based on the merit-based evaluation 
     system in the prior fiscal year until no further aliens 
     described in section 101(a)(15)(Z) adjust status.
       ``(4) Termination of temporary supplemental allocation.--
     The temporary supplemental allocation of visas described in 
     paragraph (3) shall terminate when the number of visas 
     calculated pursuant to paragraph (3)(C) is zero.
       ``(5) Limitation.--The temporary supplemental visas 
     described in paragraph (3) shall not be awarded to any 
     individual other than an individual described in section 
     101(a)(15)(Z).''.
       (2) Effective date.--The amendment made by paragraph (1) 
     shall be effective on October 1 of the sixth fiscal year 
     following the fiscal year in which this Act is enacted.
                                 ______
                                 
  SA 1203. Mr. COCHRAN submitted an amendment intended to be proposed 
by him to the bill S. 1348, to provide for comprehensive immigration 
reform and for othr purposes; which was ordered to lie on the table as 
follows;

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

     SEC. 2__. REMOVAL AND DENIAL OF BENEFITS TO TERRORIST ALIENS.

       (a) Asylum.--Section 208(b)(2)(A) (8 U.S.C. 1158(b)(2)(A)) 
     is amended--
       (1) by inserting ``or the Secretary of Homeland Security'' 
     after ``if the Attorney General''; and
       (2) by amending clause (v) to read as follows:
       ``(v) the alien is described in section 212(a)(3)(B)(i) or 
     section 212(a)(3)(F), unless, in the case of an alien 
     described in section 212(a)(3)(B)(i)(IX), the Secretary of 
     Homeland Security or the Attorney General determines, in the 
     discretion of the Secretary or the Attorney General, that 
     there are not reasonable grounds for regarding the alien as a 
     danger to the security of the United States; or''.
       (b) Conforming Amendment.--Section 212(a)(3)(B)(ii) (8 
     U.S.C. 1182(a)(3)(B)(ii)) is amended by striking ``(VII)'' 
     and inserting ``(IX)''.
       (c) Cancellation of Removal.--Section 240A(c)(4) (8 U.S.C. 
     1229b(c)(4)) is amended by--
       (1) by striking ``inadmissible under'' and inserting 
     ``described in''; and
       (2) by striking ``deportable under'' and inserting 
     ``described in''.
       (d) Voluntary Departure.--Section 240B(b)(1)(C) (8 U.S.C. 
     1229c(b)(1)(C)) is amended by striking ``deportable under 
     section 237(a)(2)(A)(iii) or section 237(a)(4)'' and 
     inserting ``described in paragraph (2)(A)(iii) or (4) of 
     section 237(a)''.
       (e) Restriction on Removal.--Section 241(b)(3)(B) (8 U.S.C. 
     1231(b)(3)(B)) is amended--
       (1) by inserting ``or the Secretary of Homeland Security'' 
     after ``Attorney General'' each place such term appears;
       (2) in clause (iii), by striking ``or'' at the end;
       (3) in clause (iv), by striking the period at the end and 
     inserting ``; or'';
       (4) by inserting after clause (iv) the following:
       ``(v) the alien is described in section 212(a)(3)(B)(i) or 
     section 212(a)(3)(F), unless, in the case of an alien 
     described in subclause (IX) of section 212(a)(3)(B)(i), the 
     Secretary of Homeland Security or the Attorney General 
     determines, in his discretion, that there are not reasonable 
     grounds for regarding the alien as a danger to the security 
     of the United States.''; and
       (5) in the undesignated matter at the end, by striking 
     ``For purposes of clause (iv), an alien who is described in 
     section 237(a)(4)(B) shall be considered to be an alien with 
     respect to whom there are reasonable grounds for regarding as 
     a danger to the security of the United States.''.
       (f) Record of Admission.--Section 249 (8 U.S.C. 1259) is 
     amended to read as follows:

     ``SEC. 249. RECORD OF ADMISSION FOR PERMANENT RESIDENCE FOR 
                   CERTAIN ALIENS WHO ENTERED THE UNITED STATES 
                   BEFORE JULY 1, 1924 OR JANUARY 1, 1972.

       ``(a) In General.--The Secretary of Homeland Security, in 
     the discretion of the Secretary and under such regulations as 
     the Secretary may prescribe, may enter a record of lawful 
     admission for permanent residence in the case of any alien, 
     if no such record is otherwise available and the alien--
       ``(1) entered the United States before January 1, 1972;
       ``(2) has continuously resided in the United States since 
     such entry;
       ``(3) has been a person of good moral character since such 
     entry;
       ``(4) is not ineligible for citizenship;
       ``(5) is not described in section 212(a)(1)(A)(iv), 
     212(a)(2), 212(a)(3), 212(a)(6)(C), 212(a)(6)(E), or 
     212(a)(8); and
       ``(6) did not, at any time, without reasonable cause fail 
     or refuse to attend or remain in attendance at a proceeding 
     to determine the alien's inadmissibility or deportability.
       ``(b) Effective Date.--A recordation under subsection (a) 
     shall be effective--
       ``(1) as of the date of approval of the application; or
       ``(2) if such entry occurred before July 1, 1924, as of the 
     date of such entry.''.
       (g) Effective Date.--The amendments made by this section 
     shall take effect on the date of the enactment of this Act. 
     Sections 208(b)(2)(A), 212(a), 240A, 240B, 241(b)(3), and 249 
     of the Immigration and Nationality Act, as amended by this 
     section, shall apply to--
       (1) all aliens in removal, deportation, or exclusion 
     proceedings;
       (2) all applications pending on, or filed after, the date 
     of the enactment of this Act; and
       (3) with respect to aliens and applications described in 
     paragraph (1) or (2), acts and conditions constituting a 
     ground for inadmissibility, excludability, deportation, or 
     removal occurring or existing before, on, or after the date 
     of the enactment of this Act.
                                 ______
                                 
  SA 1204. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1348, to provide for

[[Page 14127]]

comprehensive immigration reform and for other purposes; which was 
ordered to lie on th table; as follows:

       Strike section 203 and insert the following:

     SEC. 203. AGGRAVATED FELONY.

       (a) Definition of Aggravated Felony.--Section 101(a)(43) (8 
     U.S.C. 1101(a)(43)) is amended--
       (1) by striking ``The term `aggravated felony' means--'' 
     and inserting ``Notwithstanding any other provision of law, 
     the term `aggravated felony' applies to an offense described 
     in this paragraph, whether in violation of Federal or State 
     law, or in violation of the law of a foreign country for 
     which the term of imprisonment was completed within the 
     previous 15 years, even if the length of the term of 
     imprisonment for the offense is based on recidivist or other 
     enhancements, and regardless of whether the conviction was 
     entered before, on, or after September 30, 1996, and means--
     '';
       (2) in subparagraph (A), by striking ``murder, rape, or 
     sexual abuse of a minor;'' and inserting ``murder, rape, or 
     sexual abuse of a minor, whether or not the minority of the 
     victim is established by evidence contained in the record of 
     conviction or by evidence extrinsic to the record of 
     conviction;'';
       (3) in subparagraph (N), by striking ``paragraph (1)(A) or 
     (2) of'';
       (4) in subparagraph (O), by striking ``section 275(a) or 
     276 committed by an alien who was previously deported on the 
     basis of a conviction for an offense described in another 
     subparagraph of this paragraph'' and inserting ``section 275 
     or 276 for which the term of imprisonment is at least 1 
     year'';
       (5) in subparagraph (U), by striking ``an attempt or 
     conspiracy to commit an offense described in this paragraph'' 
     and inserting ``attempting or conspiring to commit an offense 
     described in this paragraph, or aiding, abetting, counseling, 
     procuring, commanding, inducing, or soliciting the commission 
     of such an offense.''; and
       (6) by striking the undesignated matter following 
     subparagraph (U).
       (b) Definition of Conviction.--Section 101(a)(48) (8 U.S.C. 
     1101(a)(48)) is amended by adding at the end the following:
       ``(C) Any reversal, vacatur, expungement, or modification 
     of a conviction, sentence, or conviction record that was 
     granted to ameliorate the consequences of the conviction, 
     sentence, or conviction record, or was granted for 
     rehabilitative purposes, or for failure to advise the alien 
     of the immigration consequences of a guilty plea or a 
     determination of guilt, shall have no effect on the 
     immigration consequences resulting from the original 
     conviction. The alien shall have the burden of demonstrating 
     that any reversal, vacatur, expungement, or modification was 
     not granted to ameliorate the consequences of the conviction, 
     sentence, or conviction record, for rehabilitative purposes, 
     or for failure to advise the alien of the immigration 
     consequences of a guilty plea or a determination of guilt.''.
       (c) Effective Date.--The amendments made by this section 
     shall--
       (1) take effect on the date of the enactment of this Act; 
     and
       (2) apply to any act that occurred before, on, or after 
     such date of enactment.
                                 ______
                                 
  SA 1205. Mr. CORNYN submitted an amendment intended to be proposed by 
him to the bill S. 1348, to provide for the comprehensive immigration 
reform and for other purposes; which was ordered to lie on the table; 
as follows:

       In title II, insert after section 203 the following:

     SEC. 204. TERRORIST BAR TO GOOD MORAL CHARACTER.

       (a) Definition of Good Moral Character.--Section 101(f) (8 
     U.S.C. 1101(f)) is amended--
       (1) by inserting after paragraph (1) the following:
       ``(2) one who the Secretary of Homeland Security or the 
     Attorney General determines, in the unreviewable discretion 
     of the Secretary or the Attorney General, to have been at any 
     time an alien described in section 212(a)(3) or 237(a)(4), 
     which determination--
       ``(A) may be based upon any relevant information or 
     evidence, including classified, sensitive, or national 
     security information; and
       ``(B) shall be binding upon any court regardless of the 
     applicable standard of review;'';
       (2) in paragraph (8), by inserting ``, regardless whether 
     the crime was classified as an aggravated felony at the time 
     of conviction, provided that, the Secretary of Homeland 
     Security or Attorney General may in the unreviewable 
     discretion of the Secretary or the Attorney General, 
     determine that this paragraph shall not apply in the case of 
     a single aggravated felony conviction (other than murder, 
     manslaughter, homicide, rape, or any sex offense when the 
     victim of such sex offense was a minor) for which completion 
     of the term of imprisonment or the sentence (whichever is 
     later) occurred 10 or more years before the date of 
     application;'' after ``(as defined in subsection (a)(43))'';
       (3) by striking the first sentence of the flush language 
     after paragraph (9) and inserting following:
     ````The fact that any person is not within any of the 
     foregoing classes shall not preclude a discretionary finding 
     for other reasons that such a person is or was not of good 
     character. The Secretary or the Attorney General shall not be 
     limited to the applicant's conduct during the period for 
     which good moral character is required, but may take into 
     consideration as a basis for determination the applicant's 
     conduct and acts at any time.''.
       (b) Aggravated Felons.--Section 509(b) of the Immigration 
     Act of 1990 (8 U.S.C. 1101 note) is amended by striking 
     ``convictions'' and all that follows and inserting 
     ``convictions occurring before, on or after such date.''.
       (c) Technical Correction to the Intelligence Reform and 
     Terrorism Prevention Act of 2004.--Section 5504 of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458) is amended--
       (1) in paragraph (1), by inserting ``immediately preceding 
     the flush language beginning `The fact that''' after ``the 
     period at the end of paragraph (8)''; and
       (2) in paragraph (2), by striking ``adding at the end'' and 
     inserting ``inserting immediately following paragraph (8) as 
     amended by this section and immediately preceding the flush 
     language beginning ``The fact that'''.
       (d) Effective Date.--The amendments made by subsections (a) 
     and (b) shall take effect on the date of the enactment of 
     this Act, shall apply to any act that occurred before, on, or 
     after the date of enactment, and shall apply to any 
     application for naturalization or any other benefit or 
     relief, or any other case or matter under the immigration 
     laws pending on or filed after the date of enactment of this 
     Act. The amendments made by subsection (c) shall take effect 
     as if included in the Intelligence Reform and Terrorism 
     Prevention Act of 2004 (Public Law 108-458).
       (e) Naturalization of Persons Endangering National 
     Security.--
       (1) In general.--Section 316 (8 U.S.C. 1427) is amended by 
     adding at the end the following:
       ``(g) Persons Endangering National Security.--No person may 
     be naturalized if the Secretary of Homeland Security 
     determines, in the discretion of the Secretary, to have been 
     at any time an alien described in section 212(a)(3) or 
     237(a)(4). Such determination may be based upon any relevant 
     information or evidence, including classified, sensitive, or 
     national security information, and shall be binding upon, and 
     unreviewable by, any court exercising jurisdiction, under the 
     immigration laws of the United States, over any application 
     for naturalization, regardless of the applicable standard of 
     review.''.
       (2) Concurrent naturalization and removal proceedings.--
     Section 318 (8 U.S.C. 1429) is amended by striking ``: and no 
     application'' and all that follows and inserting the 
     following: ``. No application for naturalization shall be 
     considered by the Secretary of Homeland Security or by any 
     court if there is pending against the applicant any removal 
     proceeding or other proceeding to determine the applicant's 
     inadmissibility or deportability, or to determine whether the 
     applicant's lawful permanent resident status should be 
     rescinded, regardless of when such proceeding was commenced. 
     The findings of the Attorney General in terminating removal 
     proceedings or in canceling the removal of an alien under 
     this Act shall not be binding in any way upon the Secretary 
     of Homeland Security with respect to the question of whether 
     such person has established his eligibility for 
     naturalization under this title.''.
       (3) Pending denaturalization or removal proceedings.--
     Section 204(b) (8 U.S.C. 1154(b)) is amended by adding at the 
     end the following: ``No petition shall be approved pursuant 
     to this section if there is any administrative or judicial 
     proceeding (whether civil or criminal) pending against the 
     petitioner that could directly or indirectly result in the 
     petitioner's denaturalization or the loss of the petitioner's 
     lawful permanent resident status.''.
       (4) Conditional permanent residents.--Section 216(e) and 
     216A(e) (8 U.S.C. 1186a(e) and 1186b(e)) are amended by 
     inserting ``, if the alien has had the conditional basis 
     removed pursuant to this section.'' before the period at the 
     end of each subsection.
       (5) District court jurisdiction.--Section 336(b) (8 U.S.C. 
     1447(b)) is amended to read as follows:
       ``(b) Request for Hearing Before District Court.--If there 
     is a failure to render a final administrative decision under 
     section 335 before the end of the 180-day period beginning on 
     the date on which the Secretary of Homeland Security 
     completes all examinations and interviews conducted under 
     such section (as such terms are defined by the Secretary in 
     regulation), the applicant may apply to the district court 
     for the district in which the applicant resides for a hearing 
     on the matter. Such court shall only have jurisdiction to 
     review the basis for delay and remand the matter to the 
     Secretary of Homeland Security for the Secretary's 
     determination on the application.''.
       (6) Conforming amendment.--Section 310(c) (8 U.S.C. 
     1421(c)) is amended--
       (A) by inserting ``, not later than 120 days after the 
     Secretary of Homeland Security's final determination,'' 
     before ``seek''; and

[[Page 14128]]

       (B) by striking the second sentence and inserting the 
     following: ``The burden shall be upon the petitioner to show 
     that the Secretary's denial of the application was not 
     supported by facially legitimate and bona fide reasons. 
     Except in a proceeding under section 340, and notwithstanding 
     any other provision of law, including section 2241 of title 
     28, United States Code, any other habeas corpus provision, 
     and sections 1361 and 1651 of such title, no court shall have 
     jurisdiction to determine, or to review a determination of 
     the Secretary made at any time regarding, whether, for 
     purposes of an application for naturalization, an alien--
       ``(1) is a person of good moral character;
       ``(2) understands and is attached to the principles of the 
     Constitution of the United States; or
       ``(3) is well disposed to the good order and happiness of 
     the United States.''.
       (7) Effective date.--The amendments made by this 
     subsection--
       (A) shall take effect on the date of the enactment of this 
     Act;
       (B) shall apply to any act that occurred before, on, or 
     after such date of enactment; and
       (C) shall apply to any application for naturalization or 
     any other case or matter under the immigration laws of the 
     United States that is pending on, or filed after, such date 
     of enactment.
                                 ______
                                 
  SA 1206. Mr. CORNYN 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. __. USE OF 1986 IRCA LEGALIZATION INFORMATION FOR 
                   NATIONAL SECURITY PURPOSES.

       (a) Special Agricultural Workers.--Section 210(b)(6) (8 
     U.S.C. 1160(b)(6)) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (A), by striking ``Justice'' and 
     inserting ``Homeland Security'';
       (3) by redesignating subparagraphs (C) and (D) as 
     subparagraphs (D) and (E), respectively;
       (4) by inserting after subparagraph (B) the following:
       ``(C) Authorized disclosures.--
       ``(i) Census purpose.--The Secretary of Homeland Security 
     may provide, in the discretion of the Secretary, or at the 
     request of the Attorney General, information furnished under 
     this section in the same manner and circumstances as census 
     information may be disclosed under section 8 of title 13, 
     United States Code.
       ``(ii) National security purpose.--The Secretary of 
     Homeland Security may, in the discretion of the Secretary, 
     use, publish, or release information furnished under this 
     section to support any investigation, case, or matter, or for 
     any purpose, relating to terrorism, national intelligence, or 
     the national security.''; and
       (5) in subparagraph (D), as redesignated, by striking 
     ``Service'' and inserting ``Department of Homeland 
     Security''.
       (b) Adjustment of Status Under the Immigration Reform and 
     Control Act of 1986.--Section 245A(c)(5) (8 U.S.C. 
     1255a(c)(5)) is amended--
       (1) by striking ``Attorney General'' each place such term 
     appears and inserting ``Secretary of Homeland Security'';
       (2) in subparagraph (A), by striking ``Justice'' and 
     inserting ``Homeland Security'';
       (3) by amending subparagraph (C) to read as follows:
       ``(C) Authorized disclosures.--
       ``(i) Census purpose.--The Secretary of Homeland Security 
     may provide, in the discretion of the Secretary, information 
     furnished under this section in the same manner and 
     circumstances as census information may be disclosed under 
     section 8 of title 13, United States Code.
       ``(ii) National security purpose.--The Secretary of 
     Homeland Security may, in the discretion of the Secretary, 
     use, publish, or release information furnished under this 
     section to support any investigation, case, or matter, or for 
     any purpose, relating to terrorism, national intelligence, or 
     the national security.''; and
       (4) in subparagraph (D), by striking ``Service'' and 
     inserting ``Department of Homeland Security''.
                                 ______
                                 
  SA 1207. Mr. CORNYN 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. __. DEFINITION OF RACKETEERING ACTIVITY.

       Section 1961(1) of title 18, United States Code, is amended 
     by striking ``section 1542'' and all that follows through 
     ``section 1546 (relating to fraud and misuse of visas, 
     permits, and other documents)'' and inserting ``sections 1541 
     through 1548 (relating to passport, visa, and immigration 
     fraud)''.
                                 ______
                                 
  SA 1208. Mr. CORNYN 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. __ SANCTIONS FOR COUNTRIES THAT DELAY OR PREVENT 
                   REPATRIATION OF THEIR NATIONALS.

       Sec. 243(d) (8 U.S.C. 1253(d)) is amended to read as 
     follows:
       ``(d) Discontinuing Granting Visas to Nationals of 
     Countries That Deny or Delay Accepting Aliens.--
     Notwithstanding section 221(c), if the Secretary of Homeland 
     Security determines that the government of a foreign country 
     denies or unreasonably delays accepting aliens who are 
     citizens, subjects, nationals, or residents of that country 
     after the Secretary asks whether the government will accept 
     an alien under this section, or after a determination that 
     the alien is inadmissible under paragraph (6) or (7) of 
     section 212(a)--
       ``(1) the Secretary of State, upon notification from the 
     Secretary of Homeland Security of such denial or delay to 
     accept aliens under circumstances described in this section, 
     shall order consular officers in that foreign country to 
     discontinue granting immigrant visas, nonimmigrant visas, or 
     both, to citizens, subjects, nationals, and residents of that 
     country until the Secretary of Homeland Security notifies the 
     Secretary of State that the country has accepted the aliens;
       ``(2) the Secretary of Homeland Security may deny admission 
     to any citizens, subjects, nationals, and residents from that 
     country; and
       ``(3) the Secretary of Homeland Security may impose 
     limitations, conditions, or additional fees on the issuance 
     of visas or travel from that country and any other sanctions 
     authorized by law.''.
                                 ______
                                 
  SA 1209. Mr. CORNYN 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. __. APPROPRIATE REMEDIES FOR IMMIGRATION LEGISLATION.

       (a) Limitation on Civil Actions.--No court may certify a 
     class under Rule 23 of the Federal Rules of Civil Procedure 
     in any civil action filed after the date of the enactment of 
     this Act pertaining to the administration or enforcement of 
     the immigration laws of the United States.
       (b) Requirements for an Order Granting Prospective Relief 
     Against the Government.--
       (1) In general.--If a court determines that prospective 
     relief should be ordered against the Government in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States, the court shall--
       (A) limit the relief to the minimum necessary to correct 
     the violation of law;
       (B) adopt the least intrusive means to correct the 
     violation of law;
       (C) minimize, to the greatest extent practicable, the 
     adverse impact on national security, border security, 
     immigration administration and enforcement, and public 
     safety; and
       (D) provide for the expiration of the relief on a specific 
     date, which allows for the minimum practical time needed to 
     remedy the violation.
       (2) Written explanation.--The requirements described in 
     subsection (1) shall be--
       (A) discussed and explained in writing in the order 
     granting prospective relief; and
       (B) sufficiently detailed to allow review by another court.
       (3) Expiration of preliminary injunctive relief.--
     Preliminary injunctive relief shall automatically expire on 
     the date that is 90 days after the date on which such relief 
     is entered, unless the court--
       (A) makes the findings required under paragraph (1) for the 
     entry of permanent prospective relief; and
       (B) makes the order final before expiration of such 90-day 
     period.
       (c) Procedure for Motion Affecting Order Granting 
     Prospective Relief Against the Government.--
       (1) In general.--A court shall promptly rule on the 
     Government's motion to vacate, modify, dissolve, or otherwise 
     terminate an order granting prospective relief in any civil 
     action pertaining to the administration or enforcement of the 
     immigration laws of the United States.
       (2) Automatic stays.--
       (A) In general.--The Government's motion to vacate, modify, 
     dissolve, or otherwise terminate an order granting 
     prospective relief made in any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States shall automatically, and without further order 
     of the court, stay the order granting prospective relief on 
     the date that is 15 days after the date on which such motion 
     is filed unless the court previously has granted or denied 
     the Government's motion.

[[Page 14129]]

       (B) Duration of automatic stay.--An automatic stay under 
     subparagraph (A) shall continue until the court enters an 
     order granting or denying the Government's motion.
       (C) Postponement.--The court, for good cause, may postpone 
     an automatic stay under subparagraph (A) for not longer than 
     15 days.
       (D) Automatic stays during remands from higher courts.--If 
     a higher court remands a decision on a motion subject to this 
     section to a lower court, the order granting prospective 
     relief which is the subject of the motion shall be 
     automatically stayed until the district court enters an order 
     granting or denying the Government's motion.
       (E) Orders blocking automatic stays.--Any order staying, 
     suspending, delaying, or otherwise barring the effective date 
     of the automatic stay described in subparagraph (A), other 
     than an order to postpone the effective date of the automatic 
     stay for not longer than 15 days under subparagraph (C), 
     shall be--
       (i) treated as an order refusing to vacate, modify, 
     dissolve or otherwise terminate an injunction; and
       (ii) immediately appealable under section 1292(a)(1) of 
     title 28, United States Code.
       (3) Pending motions.--
       (A) 45 days or less.--Any motion pending for 45 days or 
     less on the date of the enactment of this Act shall be 
     treated as if it had been filed on the date of the enactment 
     of this Act for purposes of this subsection.
       (B) More than 45 days.--Every motion to vacate, modify, 
     dissolve or otherwise terminate an order granting prospective 
     relief in any civil action pertaining to the administration 
     or enforcement of the immigration laws of the United States, 
     which has been pending for more than 45 days on the date of 
     enactment of this Act, and remains pending on the 10th day 
     after such date of enactment, shall result in an automatic 
     stay, without further order of the court, of the prospective 
     relief that is the subject of any such motion. An automatic 
     stay pursuant to this subsection shall continue until the 
     court enters an order granting or denying the Government's 
     motion. No further postponement of any such automatic stay 
     pursuant to this subsection shall be available under 
     subsection (2)(C).
       (4) Requirements for order denying motion.--Subsection (b) 
     shall apply to any order denying the Government's motion to 
     vacate, modify, dissolve or otherwise terminate an order 
     granting prospective relief in any civil action pertaining to 
     the administration or enforcement of the immigration laws of 
     the United States.
       (d) Additional Rules Concerning Prospective Relief 
     Affecting Expedited Removal.--
       (1) Judicial review.--Except as expressly provided under 
     section 242(e) of the Immigration and Nationality Act (8 
     U.S.C. 1252(e)) and notwithstanding any other provision of 
     law, including section 2241 of title 28, United States Code, 
     any other habeas provision, and sections 1361 and 1651 of 
     such title, no court has jurisdiction to grant or continue an 
     order or part of an order granting prospective relief if the 
     order or part of the order interferes with, affects, or 
     impacts any determination pursuant to, or implementation of, 
     section 235(b)(1) of such Act (8 U.S.C. 1225(b)(1)).
       (2) Government motion.--Upon the Government's filing of a 
     motion to vacate, modify, dissolve or otherwise terminate an 
     order granting prospective relief in a civil action 
     identified in subsection (b), the court shall promptly--
       (A) decide whether the court continues to have jurisdiction 
     over the matter; and
       (B) vacate any order or part of an order granting 
     prospective relief that is not within the jurisdiction of the 
     court.
       (3) Applicability.--Paragraphs (1) and (2) shall not apply 
     to the extent that an order granting prospective relief was 
     entered before the date of the enactment of this Act and such 
     prospective relief is necessary to remedy the violation of a 
     right guaranteed by the United States Constitution.
       (e) Settlements.--
       (1) Consent decrees.--In any civil action pertaining to the 
     administration or enforcement of the immigration laws of the 
     United States, the court may not enter, approve, or continue 
     a consent decree that does not comply with subsection (b).
       (2) Private settlement agreements.--Nothing in this section 
     shall preclude parties from entering into a private 
     settlement agreement that does not comply with subsection (b) 
     if the terms of that agreement are not subject to court 
     enforcement other than reinstatement of the civil proceedings 
     that the agreement settled.
       (f) Definitions.--In this section:
       (1) Consent decree.--The term ``consent decree''--
       (A) means any relief entered by the court that is based in 
     whole or in part on the consent or acquiescence of the 
     parties; and
       (B) does not include private settlements.
       (2) Good cause.--The term ``good cause'' does not include 
     discovery or congestion of the court's calendar.
       (3) Government.--The term ``Government'' means the United 
     States, any Federal department or agency, or any Federal 
     agent or official acting within the scope of official duties.
       (4) Permanent relief.--The term ``permanent relief'' means 
     relief issued in connection with a final decision of a court.
       (5) Private settlement agreement.--The term ``private 
     settlement agreement'' means an agreement entered into among 
     the parties that is not subject to judicial enforcement other 
     than the reinstatement of the civil action that the agreement 
     settled.
       (6) Prospective relief.--The term ``prospective relief'' 
     means temporary, preliminary, or permanent relief other than 
     compensatory monetary damages.
       (g) Expedited Proceedings.--It shall be the duty of every 
     court to advance on the docket and to expedite the 
     disposition of any civil action or motion considered under 
     this section.
       (h) Application of Amendment.--This Act shall apply with 
     respect to all orders granting prospective relief in any 
     civil action pertaining to the administration or enforcement 
     of the immigration laws of the United States, whether such 
     relief was ordered before, on, or after the date of the 
     enactment of this Act.
       (i) Severability.--If any provision of this title or the 
     application of such provision to any person or circumstance 
     is found to be unconstitutional, the remainder of this title 
     and the application of the provisions of such to any person 
     or circumstance shall not be affected by such finding.
                                 ______
                                 
  SA 1210. Mr. CORNYN 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:

       On page 49, lines 3 and 4, strike ``, which is punishable 
     by a sentence of imprisonment of five years or more''.
                                 ______
                                 
  SA 1211. Mr. CORNYN 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. __. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF 
                   AGGRAVATED FELONIES OR OTHER SERIOUS OFFENSES.

       (a) Inadmissibility on Criminal and Related Grounds; 
     Waivers.--Section 212 (8 U.S.C. 1182) is amended--
       (1) in subsection (a)(2)--
       (A) in subparagraph (A)(i)--
       (i) in subclause (I), by striking ``, or'' and inserting a 
     semicolon;
       (ii) in subclause (II), by striking the comma at the end 
     and inserting ``; or''; and
       (iii) by inserting after subclause (II) the following:

       ``(III) a violation of (or a conspiracy or attempt to 
     violate) an offense described in section 208 of the Social 
     Security Act (42 U.S.C. 408) (relating to social security 
     account numbers or social security cards) or section 1028 of 
     title 18, United States Code (relating to fraud and related 
     activity in connection with identification documents, 
     authentication features, and information),''; and

       (B) by inserting after subparagraph (J), as redesignated by 
     section 205(b)(A), the following:
       ``(K) Citizenship fraud.--Any alien convicted of, or who 
     admits having committed, or who admits committing acts which 
     constitute the essential elements of, a violation of, or an 
     attempt or a conspiracy to violate, section 1425(a) or (b) of 
     title 18 (relating to the procurement of citizenship or 
     naturalization unlawfully), is inadmissible.
       ``(L) Certain firearm offenses.--Any alien who at any time 
     has been convicted under any law of, or who admits having 
     committed or admits committing acts which constitute the 
     essential elements of, purchasing, selling, offering for 
     sale, exchanging, using, owning, possessing, or carrying, or 
     of attempting or conspiring to purchase, sell, offer for 
     sale, exchange, use, own, possess, or carry, any weapon, 
     part, or accessory which is a firearm or destructive device 
     (as defined in section 921(a) of title 18, United States 
     Code) in violation of any law is inadmissible.
       ``(M) Aggravated felons.--Any alien who has been convicted 
     of an aggravated felony at any time is inadmissible.
       ``(N) Crimes of domestic violence, stalking, or violation 
     of protection orders; crimes against children.--
       ``(i) Domestic violence, stalking, and child abuse.--Any 
     alien who at any time is convicted of, or who admits having 
     committed or admits committing acts which constitute the 
     essential elements of, a crime of domestic violence, a crime 
     of stalking, or a crime of child abuse, child neglect, or 
     child abandonment is inadmissible. In this clause, the term 
     `crime of domestic violence' means any crime of violence (as 
     defined in section 16 of title 18, United States Code) 
     against a person committed by a current or former spouse of 
     the person, by an individual with whom the person shares a 
     child in common, by an individual who is cohabiting with or 
     has cohabited with the person as a spouse, by an individual 
     similarly situated to a spouse

[[Page 14130]]

     of the person under the domestic or family violence laws of 
     the jurisdiction where the offense occurs, or by any other 
     individual against a person who is protected from that 
     individual's acts under the domestic or family violence laws 
     of the United States or any State, Indian tribal government, 
     or unit of local or foreign government.
       ``(ii) Violators of protection orders.--Any alien who at 
     any time is enjoined under a protection order issued by a 
     court and whom the court determines has engaged in conduct 
     that violates the portion of a protection order that involves 
     protection against credible threats of violence, repeated 
     harassment, or bodily injury to the person or persons for 
     whom the protection order was issued is inadmissible. In this 
     clause, the term `protection order' means any injunction 
     issued for the purpose of preventing violent or threatening 
     acts of domestic violence, including temporary or final 
     orders issued by civil or criminal courts (other than support 
     or child custody orders or provisions) whether obtained by 
     filing an independent action or as a independent order in 
     another proceeding.''; and
       (2) in subsection (h)--
       (A) by inserting ``or the Secretary of Homeland Security'' 
     after ``the Attorney General'' each place such term appears;
       (B) in the matter preceding paragraph (1), by striking 
     ``The Attorney General may, in his discretion, waive the 
     application of subparagraphs (A)(i)(I), (B), (D), and (E) of 
     subsection (a)(2)'' and inserting ``The Attorney General or 
     the Secretary of Homeland Security may waive the application 
     of subparagraphs (A)(i)(I), (A)(i)(III), (B), (D), (E), (K), 
     and (M) of subsection (a)(2)'';
       (C) in the matter following paragraph (2)--
       (i) by striking ``torture.'' and inserting ``torture, or 
     has been convicted of an aggravated felony.''; and
       (ii) by striking ``if either since the date of such 
     admission the alien has been convicted of an aggravated 
     felony or the alien'' and inserting ``if since the date of 
     such admission the alien''.
       (b) Deportability; Criminal Offenses.--Section 237(a)(3)(B) 
     (8 U.S.C. 1227(a)(3)(B)) is amended--
       (1) in clause (i), by striking the comma at the end and 
     inserting a semicolon;
       (2) in clause (ii), by striking ``, or'' at the end and 
     inserting a semicolon;
       (3) in clause (iii), by striking the comma at the end and 
     inserting ``; or''; and
       (4) by inserting after clause (iii) the following:
       ``(iv) of a violation of, or an attempt or a conspiracy to 
     violate, subsection (a) or (b) of section 1425 of title 18 
     (relating to the procurement of citizenship or naturalization 
     unlawfully),''.
       (c) Deportability; Criminal Offenses.--Section 237(a)(2) (8 
     U.S.C. 1227(a)(2)) is amended by adding at the end the 
     following:
       ``(F) Identification fraud.--Any alien who is convicted of 
     a violation of (or a conspiracy or attempt to violate) an 
     offense described in section 208 of the Social Security Act 
     (42 U.S.C. 408) (relating to social security account numbers 
     or social security cards) or section 1028 of title 18, United 
     States Code (relating to fraud and related activity in 
     connection with identification), is deportable.''.
       (d) Effective Date.--The amendments made by this section 
     shall apply to--
       (1) any act that occurred before, on, or after the date of 
     the enactment of this Act;
       (2) all aliens who are required to establish admissibility 
     on or after such date of enactment; and
       (3) all removal, deportation, or exclusion proceedings that 
     are filed, pending, or reopened, on or after such date of 
     enactment.
       (e) Construction.--The amendments made by subsection (a) 
     may not be construed to create eligibility for relief from 
     removal under former section 212(c) of the Immigration and 
     Nationality Act if such eligibility did not exist before such 
     amendments became effective.
                                 ______
                                 
  SA 1212. Mr. CORNYN 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. __. REPORTING REQUIREMENTS.

       (a) Clarifying Address Reporting Requirements.--Section 265 
     (8 U.S.C. 1305) is amended--
       (1) in subsection (a)--
       (A) by striking ``notify the Attorney General in writing'' 
     and inserting ``submit written or electronic notification to 
     the Secretary of Homeland Security, in a manner approved by 
     the Secretary,'';
       (B) by striking ``the Attorney General may require by 
     regulation'' and inserting ``the Secretary may require''; and
       (C) by adding at the end the following: ``If the alien is 
     involved in a proceeding before an immigration judge or in an 
     administrative appeal of such proceeding, the alien shall 
     submit to the Attorney General the alien's current address 
     and a telephone number, if any, at which the alien may be 
     contacted.'';
       (2) in subsection (b), by striking ``Attorney General'' 
     each place such term appears and inserting ``Secretary of 
     Homeland Security'';
       (3) in subsection (c), by striking ``given to such parent'' 
     and inserting ``given by such parent''; and
       (4) by adding at the end the following:
       ``(d)(1) Except as otherwise provided by the Secretary 
     under paragraph (2), an address provided by an alien under 
     this section--
       ``(A) shall be the alien's current residential mailing 
     address; and
       ``(B) may not be a post office box, another nonresidential 
     mailing address, or the address of an attorney, 
     representative, labor organization, or employer.
       ``(2) The Secretary may provide specific requirements with 
     respect to--
       ``(A) designated classes of aliens and special 
     circumstances, including aliens who are employed at a remote 
     location; and
       ``(B) the reporting of address information by aliens who 
     are incarcerated in a Federal, State, or local correctional 
     facility.
       ``(3) An alien who is being detained by the Secretary under 
     this Act--
       ``(A) is not required to report the alien's current address 
     under this section while the alien remains in detention; and
       ``(B) shall notify the Secretary of the alien's address 
     under this section at the time of the alien's release from 
     detention.
       ``(e)(1) Notwithstanding any other provision of law, the 
     Secretary may provide for the appropriate coordination and 
     cross referencing of address information provided by an alien 
     under this section with other information relating to the 
     alien's address under other Federal programs, including--
       ``(A) any information pertaining to the alien, which is 
     submitted in any application, petition, or motion filed under 
     this Act with the Secretary of Homeland Security, the 
     Secretary of State, or the Secretary of Labor;
       ``(B) any information available to the Attorney General 
     with respect to an alien in a proceeding before an 
     immigration judge or an administrative appeal or judicial 
     review of such proceeding;
       ``(C) any information collected with respect to 
     nonimmigrant foreign students or exchange program 
     participants under section 641 of the Illegal Immigration 
     Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 
     1372); and
       ``(D) any information collected from State or local 
     correctional agencies pursuant to the State Criminal Alien 
     Assistance Program.
       ``(2) The Secretary may rely on the most recent address 
     provided by the alien under this section or section 264 to 
     send to the alien any notice, form, document, or other matter 
     pertaining to Federal immigration laws, including service of 
     a notice to appear. The Attorney General and the Secretary 
     may rely on the most recent address provided by the alien 
     under section 239(a)(1)(F) to contact the alien about pending 
     removal proceedings.
       ``(3) The alien's provision of an address for any other 
     purpose under the Federal immigration laws does not excuse 
     the alien's obligation to submit timely notice of the alien's 
     address to the Secretary under this section (or to the 
     Attorney General under section 239(a)(1)(F) with respect to 
     an alien in a proceeding before an immigration judge or an 
     administrative appeal of such proceeding).''.
       (b) Conforming Changes With Respect to Registration 
     Requirements.--Chapter 7 of title II (8 U.S.C. 1301 et seq.) 
     is amended--
       (1) in section 262(c), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security'';
       (2) in section 263(a), by striking ``Attorney General'' and 
     inserting ``Secretary of Homeland Security''; and
       (3) in section 264--
       (A) in subsections (a), (b), (c), and (d), by striking 
     ``Attorney General'' each place it appears and inserting 
     ``Secretary of Homeland Security''; and
       (B) in subsection (f)--
       (i) by striking ``Attorney General is authorized'' and 
     inserting ``Secretary of Homeland Security and Attorney 
     General are authorized''; and
       (ii) by striking ``Attorney General or the Service'' and 
     inserting ``Secretary or the Attorney General''.
       (c) Penalties.--Section 266 (8 U.S.C. 1306) is amended--
       (1) by amending subsection (b) to read as follows:
       ``(b)(1) Any alien or any parent or legal guardian in the 
     United States of a minor alien who fails to notify the 
     Secretary of Homeland Security of the alien's current address 
     in accordance with section 265 shall be fined under title 18, 
     United States Code, imprisoned for not more than 6 months, or 
     both.
       ``(2) Any alien who violates section 265 (regardless of 
     whether the alien is punished under paragraph (1)) and does 
     not establish to the satisfaction of the Secretary that such 
     failure was reasonably excusable or was not willful shall be 
     taken into custody in connection with removal of the alien. 
     If the alien has not been inspected or admitted, or if the 
     alien has failed on more than 1 occasion to submit notice of 
     the alien's current address as required under section 265, 
     the alien may be presumed to be a flight risk.
       ``(3) The Secretary or the Attorney General, in considering 
     any form of relief from

[[Page 14131]]

     removal which may be granted in the discretion of the 
     Secretary or the Attorney General, may take into 
     consideration the alien's failure to comply with section 265 
     as a separate negative factor. If the alien failed to comply 
     with the requirements of section 265 after becoming subject 
     to a final order of removal, deportation, or exclusion, the 
     alien's failure shall be considered as a strongly negative 
     factor with respect to any discretionary motion for reopening 
     or reconsideration filed by the alien.'';
       (2) in subsection (c), by inserting ``or a notice of 
     current address'' before ``containing statements''; and
       (3) in subsections (c) and (d), by striking ``Attorney 
     General'' each place it appears and inserting ``Secretary''.
       (d) Effective Dates.--
       (1) In general.--Except as provided under paragraph (2), 
     the amendments made by this section shall apply to 
     proceedings initiated on or after the date of the enactment 
     of this Act.
       (2) Conforming and technical amendments.--The amendments 
     made by paragraphs (1)(A), (1)(B), (2) and (3) of subsection 
     (a) are effective as if enacted on March 1, 2003.
                                 ______
                                 
  SA 1213. Mr. CORNYN 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:

       After section 203, insert the following:

     SEC. 203A. PRECLUDING REFUGEES AND ASYLEES WHO HAVE BEEN 
                   CONVICTED OF AGGRAVATED FELONIES FROM 
                   ADJUSTMENT TO LEGAL PERMANENT RESIDENT STATUS.

       (a) In General.--Section 209(c) (8 U.S.C. 1159(c)) is 
     amended--
       (1) by inserting ``(1)'' before ``The provisions''; and
       (2) by adding at the end the following:
       ``(2) An alien who is convicted of an aggravated felony, as 
     defined in section 101(a)(43), is not eligible for a waiver 
     under paragraph (1) or for adjustment of status under this 
     section.''.
       (b) Applicability.--The amendment made by subsection (a) 
     shall apply with respect to--
       (1) any act that occurred before, on, or after the date of 
     the enactment of this Act;
       (2) all aliens who are required to establish admissibility 
     on or after such date of enactment; and
       (3) all removal, deportation, or exclusion proceedings that 
     are filed, pending, or reopened, on or after such date of 
     enactment.
                                 ______
                                 
  SA 1214. Mr. CORNYN 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:

       After section 305, insert the following:

     SEC. 305A. ADDITIONAL CRIMINAL PENALTIES FOR MISUSE OF SOCIAL 
                   SECURITY ACCOUNT NUMBERS.

       (a) In General.--Section 208(a) of the Social Security Act 
     (42 U.S.C. 408(a)) is amended--
       (1) by amending paragraph (7) to read as follows:
       ``(7) for any purpose--
       ``(A) knowingly possesses or uses a social security account 
     number or social security card knowing that such number or 
     card was obtained from the Commissioner of Social Security by 
     means of fraud or false statement;
       ``(B) knowingly and falsely represents a number to be the 
     social security account number assigned by the Commissioner 
     of Social Security to the person or to another person, when 
     in fact such number is not the social security account number 
     assigned by the Commissioner of Social Security to such 
     person or to such other person;
       ``(C) knowingly buys, sells, or possesses with intent to 
     buy or sell a social security account number or a social 
     security card that is or purports to be a number or card 
     issued by the Commissioner of Social Security;
       ``(D) knowingly alters, counterfeits, forges, or falsely 
     makes a social security account number or a social security 
     card; or
       ``(E) knowingly possesses, uses, distributes, or transfers 
     a social security account number or a social security card 
     knowing the number or card to be altered, counterfeited, 
     forged, falsely made, or stolen; or'';
       (2) in paragraph (8)--
       (A) by inserting ``knowingly'' before ``discloses'';
       (B) by inserting ``account'' after ``security''; and
       (C) by striking the semicolon and inserting ``; or'';
       (3) by inserting after paragraph (8) the following:
       ``(9) without lawful authority, knowingly produces or 
     acquires for any person a social security account number, a 
     social security card, or a number or card that purports to be 
     a social security account number or social security card;''; 
     and
       (4) in the flush text, by striking ``five'' and inserting 
     ``10''.
       (b) Conspiracy and Disclosure.--Section 208 of the Social 
     Security Act (42 U.S.C. 408) is further amended by adding at 
     the end the following:
       ``(f) Whoever attempts or conspires to violate any criminal 
     provision under this section shall be punished in the same 
     manner as a person who completes a violation of such 
     provision.
       ``(g)(1) Notwithstanding any other provision of law and 
     subject to paragraph (3), the Commissioner of Social Security 
     shall disclose to any Federal law enforcement agency the 
     records described in paragraph (2) if such law enforcement 
     agency requests such records for the purpose of investigating 
     a violation of this section or any other felony offense.
       ``(2) The records described in this paragraph are records 
     of the Social Security Administration concerning--
       ``(A) the identity, address, location, or financial 
     institution accounts of the holder of a social security 
     account number or social security card;
       ``(B) the application for and issuance of a social security 
     account number or social security card; and
       ``(C) the existence or nonexistence of a social security 
     account number or social security card.
       ``(3) The Commissioner of Social Security may not disclose 
     any tax return or tax return information pursuant to this 
     subsection except as authorized by section 6103 of the 
     Internal Revenue Code of 1986.''.
                                 ______
                                 
  SA 1215. Mr. CORNYN 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. __. JUDICIAL REVIEW OF VISA REVOCATION.

       Section 221(i) (8 U.S.C. 1201) is amended by striking the 
     last sentence and inserting the following: ``Notwithstanding 
     any other provision of law, including section 2241 of title 
     28, United States Code, or any other habeas corpus provision, 
     and sections 1361 and 1651 of such title, a revocation under 
     this subsection may not be reviewed by any court, and no 
     court shall have jurisdiction to hear any claim arising from, 
     or any challenge to, such a revocation.''.
                                 ______
                                 
  SA 1216. Mr. CORNYN 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. __. WITHHOLDING OF REMOVAL.

       (a) In General.--Section 241(b)(3) (8 U.S.C. 1231(b)(3)) is 
     amended--
       (1) in subparagraph (A), by adding at the end the 
     following: ``The alien has the burden of proof to establish 
     that the alien's life or freedom would be threatened in such 
     country, and that race, religion, nationality, membership in 
     a particular social group, or political opinion would be at 
     least 1 central reason for such threat.''; and
       (2) in subparagraph (C), by striking ``In determining 
     whether an alien has demonstrated that the alien's life or 
     freedom would be threatened for a reason described in 
     subparagraph (A)'' and inserting ``For purposes of this 
     paragraph''.
       (b) Effective Date.--The amendments made by subsection (a) 
     shall take effect as if enacted on May 11, 2005, and shall 
     apply to applications for withholding of removal made on or 
     after such date.
                                 ______
                                 
  SA 1217. Mr. CORNYN 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. __. JUDICIAL REVIEW OF DISCRETIONARY DETERMINATIONS AND 
                   REMOVAL ORDERS RELATING TO CRIMINAL ALIENS.

       (a) Denial of Relief.--Section 242(a)(2)(B) (8 U.S.C. 
     1252(a)(2)(B)) is amended to read as follows:
       ``(B) Denial of discretionary relief and certain other 
     relief.--Except as provided under subparagraph (D), and 
     notwithstanding any other provision of law, including section 
     2241 of title 28, any other habeas corpus provision, and 
     sections 1361 and 1651 of such title, and regardless of 
     whether the individual determination, decision, or action is 
     made in removal proceedings, no court shall have jurisdiction 
     to review--
       ``(i) any individual determination regarding the granting 
     of status or relief under section 212(h), 212(i), 240A, 240B, 
     or 245; or
       ``(ii) any discretionary decision or action of the Attorney 
     General or the Secretary of Homeland Security under this Act 
     or the regulations promulgated under this Act, other than the 
     granting of relief under section 208(a), regardless of 
     whether such decision or action is guided or informed by

[[Page 14132]]

     standards or guidelines, regulatory, statutory, or 
     otherwise.''.
       (b) Final Order of Removal.--Section 242(a)(2)(C) (8 U.S.C. 
     1252(a)(2)(C)) is amended to read as follows:
       ``(C) Except as provided under subparagraph (D), and 
     notwithstanding any other provision of law, including section 
     2241 of title 28, any other habeas corpus provision, and 
     sections 1361 and 1651 of such title, no court shall have 
     jurisdiction to review any final order of removal (regardless 
     of whether relief or protection was denied on the basis of 
     the alien's having committed a criminal offense) against an 
     alien who is removable for committing a criminal offense 
     under section 208(a)(2) or subparagraph (A)(iii), (B), (C), 
     or (D) of section 237(a)(2), or any offense under section 
     237(a)(2)(A)(ii) for which both predicate offenses are, 
     without regard to their date of commission, described in 
     section 237(a)(2)(A)(i).''.
                                 ______
                                 
  SA 1218. Mr. CORNYN 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. ___. ACCESS TO NATIONAL CRIME INFORMATION CENTER'S 
                   INTERSTATE IDENTIFICATION INDEX.

       (a) Criminal Justice Activities.--Section 104 of the 
     Immigration and Nationality Act (8 U.S.C. 1104) is amended by 
     adding at the end the following:
       ``(f) Criminal Justice Activities.--Notwithstanding any 
     other provision of law, any Department of State personnel 
     with authority to grant or refuse visas or passports may 
     carry out activities that have a criminal justice purpose.''.
       (b) Liaison With Internal Security Officers; Data 
     Exchange.--Section 105 of the Immigration and Nationality Act 
     (8 U.S.C. 1105) is amended by striking subsections (b) and 
     (c) and inserting the following:
       ``(b) Access to NCIC-IIII.--
       ``(1) In general.--Notwithstanding any other provision of 
     law, the Attorney General and the Director of the Federal 
     Bureau of Investigation shall provide to the Department of 
     Homeland Security and the Department of State access to the 
     criminal history record information contained in the National 
     Crime Information Center's Interstate Identification Index 
     (NCIC-III) and the Wanted Persons File and to any other files 
     maintained by the National Crime Information Center for the 
     purpose of determining whether an applicant or petitioner for 
     a visa, admission, or any benefit, relief, or status under 
     the immigration laws, or any beneficiary of an application or 
     petition under the immigration laws, has a criminal history 
     record indexed in the file.
       ``(2) Authorized activities.--
       ``(A) In general.--The Secretary of Homeland Security and 
     the Secretary of State--
       ``(i) shall have direct access, without any fee or charge, 
     to the information described in paragraph (1) to conduct 
     name-based searches, file number searches, and any other 
     searches that any criminal justice or other law enforcement 
     officials are entitled to conduct; and
       ``(ii) may contribute to the records maintained by the 
     National Crime Information Center.
       ``(B) Secretary of homeland security.--The Secretary of 
     Homeland Security shall receive, on request by the Secretary 
     of Homeland Security, access to the information described in 
     paragraph (1) by means of extracts of the records for 
     placement in the appropriate database without any fee or 
     charge.
       ``(c) Criminal Justice and Law Enforcement Purposes.--
     Notwithstanding any other provision of law, adjudication of 
     eligibility for benefits under the immigration laws and other 
     purposes relating to citizenship and immigration services, 
     shall be considered to be criminal justice or law enforcement 
     purposes with respect to access to or use of any information 
     maintained by the National Crime Information Center or other 
     criminal history information or records.''.

                                 ______
                                 
  SA 1219. Mr. CORNYN 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 subsections (e)(2) and (f)(1) of section 503, strike 
     ``May 1, 2005'' each place it appears and insert ``January 1, 
     2007''.

                                 ______
                                 
  SA 1220. Mr. GREGG 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 subsection (c) of section 418 and all that follows 
     through subsection (d) of section 420, and insert the 
     following:
       (c) Granting Dual Intent to Certain Nonimmigrant 
     Students.--Subsection (h) of section 214 of the Immigration 
     and Nationality Act (8 U.S.C. 1184(h)) is amended--
       (1) by striking ``(H)(i)(b) or (c),'' and inserting 
     ``(F)(iv), (H)(i)(b), (H)(i)(c),''; and
       (2) by striking ``if the alien had obtained a change of 
     status'' and inserting ``if the alien had been admitted as, 
     provided status as, or obtained a change of status''.

     SEC. 419. H-1B STREAMLINING AND SIMPLIFICATION.

       (a) H-1B Amendments.--
       (1) In general.--Section 214(g) of the Immigration and 
     Nationality Act (8 U.S.C. 1184(g)) is amended--
       (A) in paragraph (1)(A), by striking clauses (i) through 
     (vii) and inserting the following:
       ``(i) 150,000 in fiscal year 2008;
       ``(ii) in any subsequent fiscal year, subject to clause 
     (iii), the number for the previous fiscal year as adjusted in 
     accordance with the method set forth in paragraph (2); and
       ``(iii) 215,000 for any fiscal year; or'';
       (B) in paragraph (6), as redesignated by section 409--
       (i) in subparagraph (B), by striking ``; or'' and inserting 
     a semicolon;
       (ii) in subparagraph (C), by striking ``until the number of 
     aliens who are exempted from such numerical limitation during 
     such fiscal year exceeds 20,000.'' and inserting ``; or''; 
     and
       (iii) by adding at the end the following:
       ``(D) has earned a master's or higher degree in science, 
     technology, engineering, or mathematics from an institution 
     of higher education outside of the United States.''; and
       (C) in paragraph (9), as redesignated by section 409--
       (i) in subparagraph (B)--

       (I) in clause (iii), by striking ``The annual numerical 
     limitations described in clause (i) shall not exceed'' and 
     inserting ``Without respect to the annual numerical 
     limitations described in clause (i), the Secretary may issue 
     a visa or otherwise grant nonimmigrant status pursuant to 
     section 1101(a)(15)(H)(i)(b) in the following quantities:''; 
     and

       (ii) by striking clause (iv); and
       (iii) by striking subparagraph (D).
       (2) Applicability.--The amendments made by paragraph (1)(B) 
     shall apply with respect to any petition or visa application 
     pending on the date of the enactment of this Act and to any 
     petition or visa application filed on or after such date of 
     enactment.
       (b) Requiring a Degree.--Paragraph (2) of section 214(i) (8 
     U.S.C. 1184(i)) is amended--
       (1) in subparagraph (A), by striking the comma at the end 
     and inserting ``; or'';
       (2) in subparagraph (B), by striking ``, or'' and inserting 
     a period; and
       (3) by striking subparagraph (C).
       (c) Provision of W-2 Forms.--Section 214(g)(5), as 
     redesignated by section 409, is amended to read as follows:
       ``(5) In the case of a nonimmigrant described in section 
     101(a)(15)(H)(i)(b)--
       ``(A) the period of authorized admission as such a 
     nonimmigrant may not exceed 6 years (except for a 
     nonimmigrant who has filed a petition for an immigrant visa 
     under section 203(b)(1), if 365 days or more have elapsed 
     since filing and it has not been denied, in which case the 
     Secretary of Homeland Security may extend the stay of an 
     alien in 1-year increments until such time as a final 
     decision is made on the alien's lawful permanent residence);
       ``(B) if the alien is granted an initial period of 
     admission less than 6 years, any subsequent application for 
     an extension of stay for such alien shall include the Form W-
     2 Wage and Tax Statement filed by the employer for such 
     employee, and such other form or information relating to such 
     employment as the Secretary of Homeland Security, in the 
     discretion of the Secretary, may specify, with respect to 
     such nonimmigrant alien employee for the period of admission 
     granted to the alien; and
       ``(C) notwithstanding section 6103 of the Internal Revenue 
     Code of 1986, or any other law, the Commissioner of Internal 
     Revenue or the Commissioner of the Social Security 
     Administration shall upon request of the Secretary confirm 
     whether the Form W-2 Wage and Tax Statement filed by the 
     employer under subparagraph (B) matches a Form W-2 Wage and 
     Tax Statement filed with the Internal Revenue Service or the 
     Social Security Administration, as the case may be.''.
       (d) Extension of H-1B Status for Merit-based Adjustment 
     Applicants.--
       (1) In general.--Section 214(g)(4), as redesignated by 
     section 409, is amended--
       (A) by inserting ``(A)'' after ``(4)'';
       (B) by striking ``If an alien'' and inserting the 
     following:
       ``(B) If an alien''; and
       (C) by adding at the end the following:
       ``(C) Subparagraph (B) shall not apply to such a 
     nonimmigrant who has filed a petition for an immigrant visa 
     accompanied by a qualifying employer recommendation under 
     section 203(b)(1), if 365 days or more have elapsed since 
     filing and it has not been denied, in which case the 
     Secretary of Homeland Security may extend the stay of an 
     alien in 1-year increments until such time as a final 
     decision is made on the alien's lawful permanent 
     residence.''.
       (2) Repeal.--Section 106 of the American Competitiveness in 
     the Twenty-first Century Act of 2000 (8 U.S.C. 1184 note) is 
     amended by striking subsections (a) and (b).

     SEC. 420. H-1B EMPLOYER REQUIREMENTS.

       (a) Nondisplacement Requirement.--

[[Page 14133]]

       (1) Extending time period for nondisplacement.--Section 
     212(n) of the Immigration and Nationality Act (8 U.S.C. 
     1182(n)) is amended--
       (A) in paragraph (1)--
       (i) in subparagraph (E), by striking ``90 days'' each place 
     it appears and inserting ``180 days''; and
       (ii) in subparagraph (F)(ii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''; and
       (B) in paragraph (2)(C)(iii), by striking ``90 days'' each 
     place it appears and inserting ``180 days''.
       (2) Effective date.--The amendments made by paragraph (1)--
       (A) shall apply to applications filed on or after the date 
     of the enactment of this Act; and
       (B) shall not apply to displacements for periods occurring 
     more than 90 days before such date.
       (b) H-1B Nonimmigrants Not Admitted for Jobs Advertised or 
     Offered Only to H-1B Nonimmigrants.--Section 212(n)(1) of 
     such Act, as amended by this section, is further amended--
       (1) by inserting after subparagraph (G) the following:
       ``(H)(i) The employer has not advertised the available jobs 
     specified in the application in an advertisement that states 
     or indicates that--
       ``(I) the job or jobs are only available to persons who are 
     or who may become H-1B nonimmigrants; or
       ``(II) persons who are or who may become H-1B nonimmigrants 
     shall receive priority or a preference in the hiring process.
       ``(ii) The employer has not only recruited persons who are, 
     or who may become, H-1B nonimmigrants to fill the job or 
     jobs.''; and
       (2) in the flush text at the end, by striking ``The 
     employer'' and inserting the following:
       ``(K) The employer''.
       (c) Limit on Percentage of H-1B Employees.--Section 
     212(n)(1) of such Act, as amended by this section, is further 
     amended by inserting after subparagraph (H), as added by 
     subsection (b)(1), the following:
       ``(I) If the employer employs not less than 50 employees in 
     the United States, not more than 50 percent of such employees 
     are H-1B nonimmigrants.''.

                                 ______
                                 
  SA 1221. Mr. CARDIN 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. __. SSI EXTENSION FOR HUMANITARIAN IMMIGRANTS.

       Section 402(a)(2) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1612(a)(2)) 
     is amended by adding at the end the following:
       ``(M) SSI extension through fiscal year 2010.--
       ``(i) In general.--With respect to eligibility for benefits 
     for the specified Federal program described in paragraph 
     (3)(A), the 7-year period described in subparagraph (A) shall 
     be deemed to be a 9-year period during the period that begins 
     on the date of enactment of this subparagraph and ends on 
     September 30, 2010.
       ``(ii) Aliens whose benefits ceased in prior fiscal 
     years.--

       ``(I) In general.--Beginning on the date of enactment of 
     this subparagraph, any qualified alien rendered ineligible 
     for the specified Federal program described in paragraph 
     (3)(A) during fiscal years prior to the fiscal year in which 
     such subparagraph is enacted solely by reason of the 
     termination of the 7-year period described in subparagraph 
     (A) shall be eligible for such program for an additional 2-
     year period in accordance with this subparagraph, if such 
     alien meets all other eligibility factors under title XVI of 
     the Social Security Act.
       ``(II) Payment of benefits.--Benefits paid under subclause 
     (I) shall be paid prospectively over the duration of the 
     qualified alien's renewed eligibility.''.

                                 ______
                                 
  SA 1222. Mr. CORNYN 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 604 (relating to mandatory disclosure of 
     information) and insert the following:

     SEC. 604. MANDATORY DISCLOSURE OF INFORMATION.

       (a) In General.--Except as otherwise provided in this 
     section, no Federal agency or bureau, or any officer or 
     employee of such agency or bureau, may--
       (1) use the information furnished by the applicant pursuant 
     to an application filed under section 601 and 602, for any 
     purpose, other than to make a determination on the 
     application;
       (2) make any publication through which the information 
     furnished by any particular applicant can be identified; or
       (3) permit anyone other than the sworn officers, employees 
     or contractors of such agency, bureau, or approved entity, as 
     approved by the Secretary of Homeland Security, to examine 
     individual applications that have been filed.
       (b) Required Disclosures.--The Secretary of Homeland 
     Security and the Secretary of State shall provide the 
     information furnished pursuant to an application filed under 
     section 601 and 602, and any other information derived from 
     such furnished information, to--
       (1) a law enforcement entity, intelligence agency, national 
     security agency, component of the Department of Homeland 
     Security, court, or grand jury 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;
       (2) a law enforcement entity, intelligence agency, national 
     security agency, or component of the Department of Homeland 
     Security in connection with a duly authorized investigation 
     of a civil violation, in each instance about an individual 
     suspect or group of suspects, when such information is 
     requested by such entity; or
       (3) an official coroner for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (c) Inapplicability After Denial.--The limitations under 
     subsection (a)--
       (1) shall apply only until an application filed under 
     section 601 and 602 is denied and all opportunities for 
     administrative appeal of the denial have been exhausted; and
       (2) shall not apply to the 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.
       (d) Criminal Convictions.--Notwithstanding any other 
     provision of this section, information concerning whether the 
     applicant has at any time been convicted of a crime may be 
     used or released for immigration enforcement and law 
     enforcement purposes.
       (e) Auditing and Evaluation of Information.--The Secretary 
     may audit and evaluate information furnished as part of any 
     application filed under sections 601 and 602, any application 
     to extend such status under section 601(k), or any 
     application to adjust status to that of an alien lawfully 
     admitted for permanent residence under section 602, for 
     purposes of identifying fraud or fraud schemes, and may use 
     any evidence detected by means of audits and evaluations for 
     purposes of investigating, prosecuting or referring for 
     prosecution, denying, or terminating immigration benefits.
       (f) Use of Information in Petitions and Applications 
     Subsequent to Adjustment of Status.--If the Secretary has 
     adjusted an alien's status to that of an alien lawfully 
     admitted for permanent residence pursuant to section 602, 
     then at any time thereafter the Secretary may use the 
     information furnished by the alien in the application for 
     adjustment of status or in the applications for status 
     pursuant to sections 601 or 602 to make a determination on 
     any petition or application.
       (g) Criminal Penalty.--Whoever knowingly uses, publishes, 
     or permits information to be examined in violation of this 
     section shall be fined not more than $10,000.
       (h) Construction.--Nothing in this section shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes of information contained in files or 
     records of the Secretary or Attorney General pertaining to an 
     applications filed under sections 601 or 602, other than 
     information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.
       (i) References.--References in this section to section 601 
     or 602 are references to sections 601 and 602 of this Act and 
     the amendments made by those sections.

                                 ______
                                 
  SA 1223. Mr. SANDERS proposed an amendment 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:

       At the end of title VII, insert the following:

        Subtitle C--American Competitiveness Scholarship Program

     SEC. 711. AMERICAN COMPETITIVENESS SCHOLARSHIP PROGRAM.

       (a) Establishment.--The Director of the National Science 
     Foundation (referred to in this section as the ``Director'') 
     shall award scholarships to eligible individuals to enable 
     such individuals to pursue associate, undergraduate, or 
     graduate level degrees in mathematics, engineering, health 
     care, or computer science.
       (b) Eligibility.--
       (1) In general.--To be eligible to receive a scholarship 
     under this section, an individual shall--
       (A) be a citizen of the United States, a national of the 
     United States (as defined in section 101(a) of the 
     Immigration and Nationality Act (8 U.S.C. 1101(a)), an alien 
     admitted

[[Page 14134]]

     as a refugee under section 207 of such Act (8 U.S.C. 1157), 
     or an alien lawfully admitted to the United States for 
     permanent residence;
       (B) prepare and submit to the Director an application at 
     such time, in such manner, and containing such information as 
     the Director may require; and
       (C) certify to the Director that the individual intends to 
     use amounts received under the scholarship to enroll or 
     continue enrollment at an institution of higher education (as 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)) in order to pursue an associate, 
     undergraduate, or graduate level degree in mathematics, 
     engineering, computer science, nursing, medicine, or other 
     clinical medical program, or technology, or science program 
     designated by the Director.
       (2) Ability.--Awards of scholarships under this section 
     shall be made by the Director solely on the basis of the 
     ability of the applicant, except that in any case in which 2 
     or more applicants for scholarships are deemed by the 
     Director to be possessed of substantially equal ability, and 
     there are not sufficient scholarships available to grant one 
     to each of such applicants, the available scholarship or 
     scholarships shall be awarded to the applicants in a manner 
     that will tend to result in a geographically wide 
     distribution throughout the United States of recipients' 
     places of permanent residence.
       (c) Amount of Scholarship; Renewal.--
       (1) Amount of scholarship.--The amount of a scholarship 
     awarded under this section shall be $15,000 per year, except 
     that no scholarship shall be greater than the annual cost of 
     tuition and fees at the institution of higher education in 
     which the scholarship recipient is enrolled or will enroll.
       (2) Renewal.--The Director may renew a scholarship under 
     this section for an eligible individual for not more than 4 
     years.
       (d) Funding.--The Director shall carry out this section 
     only with funds made available under section 286(x) of the 
     Immigration and Nationality Act (as added by section 712) (8 
     U.S.C. 1356).
       (e) Federal Register.--Not later than 60 days after the 
     date of enactment of this Act, the Director shall publish in 
     the Federal Register a list of eligible programs of study for 
     a scholarship under this section.

     SEC. 712. SUPPLEMENTAL H-1B NONIMMIGRANT PETITIONER ACCOUNT.

       Section 286 of the Immigration and Nationality Act (8 
     U.S.C. 1356) (as amended by this Act) is further amended by 
     inserting after subsection (w) the following:
       ``(x) Supplemental H-1B Nonimmigrant Petitioner Account.--
       ``(1) In general.--There is established in the general fund 
     of the Treasury a separate account, which shall be known as 
     the `Supplemental H-1B Nonimmigrant Petitioner Account'. 
     Notwithstanding any other section of this Act, there shall be 
     deposited as offsetting receipts into the account all fees 
     collected under section 214(c)(15).
       ``(2) Use of fees for american competitiveness scholarship 
     program.--The amounts deposited into the Supplemental H-1B 
     Nonimmigrant Petitioner Account shall remain available to the 
     Director of the National Science Foundation until expended 
     for scholarships described in section 711 of the Secure 
     Borders, Economic Opportunity and Immigration Reform Act of 
     2007 for students enrolled in a program of study leading to a 
     degree in mathematics, engineering, health care, or computer 
     science.''.

     SEC. 713. SUPPLEMENTAL FEES.

       Section 214(c) of the Immigration and Nationality Act (8 
     U.S.C. 1184(c)) is amended by adding at the end the 
     following:
       ``(15)(A) In each instance where the Attorney General, the 
     Secretary of Homeland Security, or the Secretary of State is 
     required to impose a fee pursuant to paragraph (9) or (11), 
     the Attorney General, the Secretary of Homeland Security, or 
     the Secretary of State, as appropriate, shall impose a 
     supplemental fee on the employer in addition to any other fee 
     required by such paragraph or any other provision of law, in 
     the amount determined under subparagraph (B).
       ``(B) The amount of the supplemental fee shall be $8,500, 
     except that the fee shall be \1/2\ that amount for any 
     employer with not more than 25 full-time equivalent employees 
     who are employed in the United States (determined by 
     including any affiliate or subsidiary of such employer).
       ``(C) Fees collected under this paragraph shall be 
     deposited in the Treasury in accordance with section 
     286(x).''.
                                 ______
                                 
  SA 1224. Mr. COBURN 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:

       Purpose: To prohibit illegal immigrants from receiving 
     welfare.
       Section 602(a)(6) is amended by adding at the end the 
     following: ``In no event shall a Z nonimmigrant or an alien 
     granted probationary benefits under section 601(h) be 
     eligible for assistance under the designated Federal program 
     described in section 402(b)(3)(A) of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1612(b)(3)(A)) before the date that is 5 years 
     after the date on which the alien's status is adjusted under 
     this section to that of an alien lawfully admitted for 
     permanent residence.''.
                                 ______
                                 
  SA 1225. Mr. LEVIN 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(d)(1), strike subparagraph (I) and insert 
     the following:
       (I) The Secretary, in the discretion of the Secretary--
       (i) may waive ineligibility under subparagraph (B) or (C) 
     if the alien--

       (I) has not been physically removed from the United States; 
     and
       (II) demonstrates that the departure of the alien from the 
     United States would result in extreme hardship to the alien 
     or the spouse, parent, or child of the alien; and

       (ii) shall, unless the Secretary or the Attorney General 
     determines that a waiver is not in the public interest based 
     on the particular facts of the application for asylum of the 
     alien, waive ineligibility under subparagraph (B) if--

       (I) notwithstanding subparagraph (B), the alien is 
     admissible to the United States as an immigrant;
       (II) the alien filed an application for asylum before 
     December 31, 2004, which was not found to be frivolous by the 
     Attorney General under section 208(d)(6) of the Immigration 
     and Nationality Act (11 U.S.C. 1158(d)(6));
       (III) an immigration judge specifically cited changed 
     country conditions as the basis, in whole or in part, for 
     denying the application of the alien for asylum;
       (IV) the alien applies for the adjustment of status;
       (V) the alien--

       (aa) has been physically present in the United States for 
     at least 3 years; and
       (bb) was physically present in the United States on the 
     date the application for the adjustment of status was filed;

       (VI) the alien has not returned to the country of 
     nationality or last habitual residence of the alien since the 
     filing of the application for asylum; and
       (VII) the alien pays a fee, in an amount determined by the 
     Secretary, for the processing of the application.

                                 ______
                                 
  SA 1226. Mr. LEVIN 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:

       On page 264, line 15, strike the end quote and final period 
     and insert the following:
       ``(G) In addition to any merit points awarded pursuant to 
     the evaluation system described in subparagraph (A), an alien 
     shall receive 20 points if the alien--
       ``(i) is admissible to the United States as an immigrant 
     (except for any provision under paragraphs (4), (5), and 
     (7)(A) of section 212(a) or any other provision of such 
     section waived by the Secretary of Homeland Security or the 
     Attorney General (other than paragraph (2)(C) or subparagraph 
     (A), (B), (C), or (F) of paragraph (3)) with respect to such 
     alien for humanitarian purposes, to assure family unity, or 
     if otherwise in the public interest);
       ``(ii) filed an application for asylum before December 31, 
     2004, which was credible, based on the country conditions 
     that existed at the time the application was file;
       ``(iii) has been physically present in the United States 
     for not less than 3 years; and
       ``(iv) was physically present in the United States on the 
     date on which the application described in clause (ii) was 
     filed.''.
                                 ______
                                 
  SA 1227. Mr. LEVIN 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. ___. ADJUSTMENT OF STATUS FOR ASYLEES.

       Section 245 of the Act (8 U.S.C. 1255) is amended by adding 
     at the end the following:
       ``(n) Adjustment of Status for Asylees.--
       ``(1) In general.--The Secretary of Homeland Security (in 
     this subsection referred to as the `Secretary') shall adjust 
     the status of an alien to that of an alien lawfully admitted 
     for permanent residence if the alien--
       ``(A) is admissible to the United States as an immigrant, 
     except as provided under paragraph (2);
       ``(B) filed an application for asylum before December 31, 
     2004, which was not found to be frivolous by the Attorney 
     General under section 208(d)(6);
       ``(C) changed country conditions were specifically cited by 
     an immigration judge as the basis, in whole or in part, for 
     denying the application for asylum;
       ``(D) applies for such adjustment of status;
       ``(E) has been physically present in the United States for 
     at least 3 years and was

[[Page 14135]]

     physically present in the United States on the date on which 
     the application for such adjustment was filed;
       ``(F) has not returned to his or her country of nationality 
     or last habitual residence since the date of filing of the 
     application for asylum; and
       ``(G) pays a fee, in an amount determined by the Secretary, 
     for the processing of such application.
       ``(2) Applicability of other federal statutory 
     requirements.--The provisions of paragraphs (4), (5), and 
     (7)(A) of section 212(a) shall not be applicable to any alien 
     seeking adjustment of status under this subsection, and the 
     Secretary or the Attorney General may waive any other 
     provision of such section 212(a) (other than paragraph (2)(C) 
     or subparagraph (A), (B), (C), or (F) of paragraph (3) of 
     that section) with respect to such an alien for humanitarian 
     purposes, to assure family unity, or when it is otherwise in 
     the public interest.
       ``(3) Adjustment of status for spouses and children.--The 
     Secretary shall adjust the status of an alien to that of an 
     alien lawfully admitted for permanent residence if the alien 
     is the spouse, child, or unmarried son or unmarried daughter, 
     of an alien whose status is adjusted to that of an alien 
     lawfully admitted for permanent residence under paragraph 
     (1).
       ``(4) Relationship of application to certain orders.--An 
     alien present in the United States who has been ordered 
     excluded, deported, removed, or ordered to depart voluntarily 
     from the United States under any provision of this Act may, 
     notwithstanding such order, apply for adjustment of status 
     under paragraph (1). Such an alien may not be required, as a 
     condition of submitting or granting such application, to file 
     a motion to reopen, reconsider, or vacate such order. If the 
     Secretary or the Attorney General grants the application, the 
     Attorney General shall cancel the order of removal. If the 
     Secretary or the Attorney General renders a final 
     administrative decision to deny the application, the order 
     shall be effective and enforceable, to the same extent as if 
     the application had not been made.
       ``(5) Stay of final order of exclusion, deportation, or 
     removal.--Filing for adjustment of status, as described in 
     this subsection, shall result in a stay of a final order of 
     exclusion, deportation, or removal.''.
                                 ______
                                 
  SA 1228. Mr. LEVIN (for himself, Mr. Obama, Mr. Menendez, Mr. 
Coleman, Mr. Reid, Mr. Leahy, Mrs. Feinstein, and Mr. Voinovich) 
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; which was ordered to lie on the table; as 
follows:

       Strike subsection (c) of section 215 of the amendment and 
     insert the following:
       (c) Reports on Background and Security Checks.--
       (1) In general.--Not later than 180 days after the date of 
     enactment of this Act, the Comptroller General of the United 
     States, in conjunction with the Director of the Federal 
     Bureau of Investigation, shall submit to the appropriate 
     congressional committees a report on the background and 
     security checks conducted by the Federal Bureau of 
     Investigation.
       (2) Content.--The report submitted under paragraph (1) 
     shall include--
       (A) a description of the background and security check 
     program;
       (B) an analysis of resources devoted to the name check 
     program, including personnel and support;
       (C) a statistical analysis of the background and security 
     check delays associated with different types of name check 
     requests, such as those requested by the U.S. Citizenship and 
     Immigration Services or the Office of Personnel Management, 
     including--
       (i) the number of background checks conducted on behalf of 
     requesting agencies, by agency and type of requests (such as 
     naturalization or adjustment of status); and
       (ii) the average time spent on each type of background 
     check described under subparagraph (A), including the time 
     from the submission of the request to completion of the check 
     and the time from the initiation of check processing to the 
     completion of the check;
       (D) a statistical analysis of the background and security 
     check delays by the country of origin of the applicant;
       (E) a description of the obstacles that impede the timely 
     completion of such background checks;
       (F) a discussion of the steps that the Director of the 
     Federal Bureau of Investigation is taking to expedite 
     background and security checks that have been pending for 
     more than 60 days; and
       (G) a plan for the automation of all investigative records 
     related to the name check process.
       (3) Annual report on delayed background checks.--Not later 
     than the end of each fiscal year, the Attorney General shall 
     submit to the appropriate congressional committees a report 
     containing, with respect to that fiscal year--
       (A) a statistical analysis of the number of background 
     checks processed and pending, including check requests in 
     process at the time of the report and check requests received 
     but not yet in process;
       (B) the average time taken to complete each type of 
     background check;
       (C) a description of efforts made and progress by the 
     Attorney General in addressing any delays in completing such 
     background checks;
       (D) a description of progress made in carrying out 
     subsection (d);
       (E) a report on the number of name checks extended during 
     the preceding year under subsection (d)(3); and
       (F) a description of progress made in automating files used 
     in the name check process, including investigative files of 
     the Federal Bureau of Investigation.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this subsection.
       (d) Enhanced Security Through an Effective National Name 
     Check Program.--
       (1) In general.--Not later than 2 years after the date of 
     enactment of this Act, subject to paragraph (3), the Director 
     of the Federal Bureau of Investigation shall ensure that all 
     name checks are completed by not later than 180 days after 
     the date of submission.
       (2) Report.--Not later than 180 days after the date of the 
     enactment of this Act, the Director of the Federal Bureau of 
     Investigation shall submit to the appropriate congressional 
     committees a report that includes a comprehensive plan to 
     meet the requirements of paragraph (1).
       (3) Exceptional circumstances.--Notwithstanding paragraph 
     (1), the Director of the Federal Bureau of Investigation 
     may--
       (A) extend the timeframe for completion of a name check for 
     not more than 2 additional 180-day periods, if the Director 
     determines that such an extension is necessary to resolve the 
     name check because the check could not reasonably have been 
     completed in the allotted time through due diligence; or
       (B) extend the timeframe as the Director determines to be 
     necessary in any case in which the individual who is the 
     subject of the name check is the subject of an ongoing 
     investigation, the completion of which is necessary for a 
     response to the agency at which the name check request 
     originated.
       (4) Authorization of appropriations.--There are authorized 
     to be appropriated such sums as are necessary to carry out 
     this subsection.
       (e) Appropriate Congressional Committees Defined.--In this 
     section, the term ``appropriate congressional committees'' 
     means the following:
       (1) The Committee on the Judiciary of the Senate.
       (2) The Committee on Homeland Security and Governmental 
     Affairs of the Senate.
       (3) The Committee on the Judiciary of the House of 
     Representatives.
       (4) The Committee on Homeland Security of the House of 
     Representatives.
                                 ______
                                 
  SA 1229. Mr. SUNUNU 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:

       On page 290, line 18, strike ``by the end of the next 
     business day'' and insert ``, by the end of the 72-hour 
     period following the completion of those background 
     checks,''.
       On page 291, line 1, strike ``next business day'' and 
     insert ``72-hour period described in paragraph (1)''.
                                 ______
                                 
  SA 1230. Mr. CORNYN 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(i)(2)(C) (relating to other documents)--
       (1) strike clause (VI) (relating to sworn affidavits);
       (2) in clause (V), strike the semicolon at the end and 
     insert a period; and
       (3) in clause (IV), add ``and'' at the end.
                                 ______
                                 
  SA 1231. Mr. DURBIN (for himself and Mr. Grassley) proposed an 
amendment 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:

       In section 218B(b) of the Immigration and Nationality Act, 
     as added by section 403(a), strike ``Except where the 
     Secretary of Labor has determined that there is a shortage of 
     United States workers in the occupation and area of intended 
     employment to which the Y nonimmigrant is sought, each'' and 
     insert ``Each''.
       In section 218B(c)(1)(G) of the Immigration and Nationality 
     Act, as added by section 403(a), strike ``Except where the 
     Secretary of

[[Page 14136]]

     Labor has determined that there is a shortage of United 
     States workers in the occupation and area of intended 
     employment for which the Y nonimmigrant is sought--'' and 
     insert ``That--''.
                                 ______
                                 
  SA 1232. Mrs. HUTCHISON 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 section 218A of the Immigration and 
     Nationality Act, as added by section 402(a), add the 
     following new subsection:
       ``(y) Social Security and Medicare.--
       ``(1) Social security payroll tax.--
       ``(A) In general.--Notwithstanding whether an agreement 
     under section 233 of the Social Security Act is in effect 
     between the United States and the home country of Y 
     nonimmigrant, upon submission of a request at a United States 
     Consulate in the home country of an alien who has ceased to 
     be a Y nonimmigrant as result of termination of employment in 
     the United States, the Secretary of the Treasury shall pay 
     the alien an amount equal to the total tax imposed under 
     section 3101(a) of the Internal Revenue Code of 1986 on the 
     wages received by the alien and 50 percent of the tax imposed 
     under section 1401(a) of such Code on the self-employment 
     income of such alien while the alien was in such nonimmigrant 
     status (without interest). An alien receiving such a payment 
     shall be--
       ``(i) ineligible for any future admission to the United 
     States under a Y nonimmigrant status; and
       ``(ii) prohibited from being credited under title II of the 
     Social Security Act for any quarter of coverage on which such 
     payment is based.
       ``(B) Administration.--Not later than 1 year after the date 
     of the enactment of the Secure Borders, Economic Opportunity 
     and Immigration Reform Act of 2007, the Secretary of the 
     Treasury and the Commissioner of Social Security shall each 
     issue regulations establishing procedures for carrying out 
     this paragraph, without regard to the requirements of chapter 
     5 of title 5, United States Code (commonly referred to as the 
     Administrative Procedure Act).
       ``(2) Medicare payroll tax.--Not later than 1 year after 
     such date of enactment, the Secretary of the Treasury, in 
     consultation with the Secretary of Health and Human Services, 
     shall issue regulations establishing procedures for 
     transferring amounts collected from the tax imposed under 
     section 3101(b) of the Internal Revenue Code of 1986 on the 
     wages received by Y nonimmigrant and 50 percent of the tax 
     imposed under section 1401(b) of such Code on the self-
     employment income of such alien while working in the United 
     States to the Secretary of Health and Human Services for the 
     purpose of making payments to eligible providers for the 
     provision of eligible services to aliens in the same manner 
     as payments are made to such providers in accordance with 
     section 1011 of the Medicare Prescription Drug, Improvement, 
     and Modernization Act of 2003 (42 U.S.C. 1395dd note).
       ``(3) Application of prohibition on eligibility for federal 
     public benefits.--Nothing in this section shall be construed 
     as affecting the application of title IV of the Personal 
     Responsibility and Work Opportunity Reconciliation Act of 
     1996 (8 U.S.C. 1601 et seq.) to a Y nonimmigrant and in no 
     event shall an alien be considered a qualified alien under 
     such title while granted such status.''.
                                 ______
                                 
  SA 1233. Mrs. HUTCHISON 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:

       Strike paragraph (2) of section 607(a) and insert the 
     following:
       (2) adding at the end the following new subsections:
       ``(d)(1) Except as provided in paragraphs (2) and (3) and 
     subsection (e), for purposes of this section and for purposes 
     of determining a qualifying quarter of coverage under section 
     402(b)(2)(B) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 
     1612(b)(2)(B))--
       ``(A) no quarter of coverage shall be credited if, with 
     respect to any individual who is assigned a social security 
     account number after 2007, such quarter of coverage is earned 
     prior to the year in which such social security account 
     number is assigned; and
       ``(B) there shall be a rebuttable presumption that an alien 
     who is granted nonimmigrant status under section 
     101(a)(15)(Z) of the Immigration and Nationality Act (8 
     U.S.C. 1101(a)(15)(Z)) and who was granted a social security 
     account number prior to 2007, has no qualifying quarters of 
     coverage earned prior to the date that the alien is granted 
     such status.
       ``(2) Paragraph (1) shall not apply with respect to any 
     quarter of coverage earned by an individual who satisfies the 
     criterion specified in subsection (c)(2).
       ``(3) The rebuttable presumption described in paragraph 
     (1)(B) may be overcome with appropriate, verifiable documents 
     proving creditable quarters of coverage during a period--
       ``(A) prior to the date that the alien is granted 
     nonimmigrant status under section 101(a)(15)(Z); and
       ``(B) that the alien was present in the United States 
     pursuant to a grant of status under a provision of the 
     Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
       ``(e) Subsection (d) shall not apply with respect to a 
     determination under subsection (a) or (b) for a deceased 
     individual in the case of a child who is a United States 
     citizen and who is applying for child's insurance benefits 
     under section 202(d) based on the wages and self-employment 
     income of such deceased individual.''.
                                 ______
                                 
  SA 1234. Mr. SESSIONS submitted an amendment 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:

       At the appropriate place, insert the following:

     SEC. ____. LIMITATION ON CLAIMING EARNED INCOME TAX CREDIT.

       Any alien who is unlawfully present in the United States, 
     receives adjustment of status under section 601 of this Act 
     (relating to aliens who were illegally present in the United 
     States prior to January 1, 2007), or enters the United States 
     to work on a Y visa under section 402 of this Act, shall not 
     be eligible for the tax credit provided under section 32 of 
     the Internal Revenue Code (relating to earned income) until 
     such alien has his or her status adjusted to legal permanent 
     resident status.
                                 ______
                                 
  SA 1235. Mr. SESSIONS proposed an amendment 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:

       At the appropriate place, insert the following:

     SEC. ____. 5-YEAR LIMITATION ON CLAIMING EARNED INCOME TAX 
                   CREDIT.

       Section 403(a) of the Personal Responsibility and Work 
     Opportunity Reconciliation Act of 1996 (8 U.S.C. 1613) is 
     amended by inserting ``, including the tax credit provided 
     under section 32 of the Internal Revenue Code (relating to 
     earned income),'' after ``means-tested public benefit''.
                                 ______
                                 
  SA 1236. Mr. BAUCUS (for himself and Mr. Tester) 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:

       On page 3, lines 7 through 9, strike ``, biometrics, and/or 
     complies with the requirements for such documentation under 
     the REAL ID Act'' and insert ``and biometrics''.
       On page 90, strike lines 22 through 38 and insert the 
     following:
       ``(i) an individual's 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 if--
       On page 92, strike lines 22 through 26.
       On page 130, strike line 28 and all that follows through 
     page 133, line 29.
                                 ______
                                 
  SA 1237. Mr. BINGAMAN 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; which was 
ordered to lie on the table; as follows:

       In section 601(f)(2), strike ``12 months'' and insert ``2 
     years''.
                                 ______
                                 
  SA 1238. Mr. CORNYN 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:

       On page 26, line 27, strike ``$50,000,000'' and insert 
     ``$100,000,000''.

                                 ______
                                 
  SA 1239. Mr. ENSIGN 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 in title VII, strike the section 
     that requires the Secretary of Education to develop an 
     Internet-based English Learning Program.
                                 ______
                                 
  SA 1240. 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:

       Strike section 104.

[[Page 14137]]


                                 ______
                                 
  SA 1241. 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:

       In section 123, in the matter preceding paragraph (1), 
     insert ``subject to the availability of appropriations,'' 
     after ``shall,''.
                                 ______
                                 
  SA 1242. Mr. LIEBERMAN (for himself, Mr. Hagel, Ms. Cantwell, and Mr. 
Schumer) 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:

       On page 265, beginning on line 27, strike all through page 
     266, line 8, and insert the following:
       (c) Procedure for Granting Immigrant Status.--
       (1) In general.--Section 204(a)(1) of the Immigration and 
     Nationality Act (8 U.S.C. 1154(a)(1)) is amended by striking 
     subparagraphs (E) and (F).
       (2) Highly skilled workers.--Paragraph (6) of section 
     214(g) of the Immigration and Nationality Act (8 U.S.C. 
     1184(g)(6)), as redesignated by section 409, is amended--
       (A) in subparagraph (C), by striking ``until the number of 
     aliens who are exempted from such numerical limitation during 
     such year exceeds 20,000.'' and inserting ``or has been 
     awarded a medical specialty certification based on post-
     doctoral training and experience in the United States; or''; 
     and
       (B) by adding at the end the following:
       ``(D) has earned a master's or higher degree in science, 
     technology, engineering, or mathematics from an institution 
     of higher education outside of the United States.''.
       (d) Effective Date.--
       (1) In general.--Subject to paragraph (2), the amendments 
     made by this section shall take effect on the first day of 
     the fiscal year subsequent to the fiscal year of enactment, 
     unless such date is less than 270 days after the date of 
     enactment, in which case the amendments shall take effect on 
     the first day of the following fiscal year.
       (2) Pending and approved petitions and applications.--
       (A) In general.--Petitions for an employment-based visa 
     filed for classification under paragraph (1), (2), or (3) of 
     section 203(b) of the Immigration and Nationality Act (8 
     U.S.C. 1153(b)) (as such provisions existed prior to the 
     enactment of this section) that were filed prior to the date 
     of the introduction of the Secure Borders, Economic 
     Opportunity, and Immigration Reform Act of 2007 and were 
     pending or approved at the time of the effective date of this 
     section, shall be treated as if such provisions remained 
     effective and an approved petition may serve as the basis for 
     issuance of an immigrant visa.
       (B) Adjustment of status.--The alien with respect to whom a 
     petition was pending or approved as described in subparagraph 
     (A), and any dependent accompanying or following to join such 
     alien, may file an application for adjustment of status under 
     section 245(a) of the Immigration and Nationality Act (8 
     U.S.C. 1255(a)) regardless of whether an immigrant visa is 
     immediately available at the time the application is filed. 
     Such application for adjustment of status shall not be 
     approved until an immigrant visa becomes available.
       (C) Labor certification.--Aliens with applications for a 
     labor certification pursuant to section 212(a)(5)(A) of the 
     Immigration and Nationality Act (8 U.S.C. 1182(a)(5)(A)) 
     shall preserve the immigrant visa priority date accorded by 
     the date of filing of such labor certification application.
                                 ______
                                 
  SA 1243. Mr. OBAMA (for himself and Mr. Menendez) 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 V, add the following:

     SEC. 509. EXPIRATION OF PROVISIONS.

       On September 30 of the fifth fiscal year following the 
     fiscal year in which this Act is enacted, the following 
     provisions of this Act (and the amendments made by such 
     provisions) shall be repealed and the Immigration and 
     Nationality Act shall be applied as if such provisions had 
     not been enacted:
       (1) Section 501, except that this paragraph shall not apply 
     to paragraphs (2) through (4) of section 201(d) of the 
     Immigration and Nationality Act (as added by section 501(b)).
       (2) Subsections (a) through (e) of section 502.
       (3) Subsections (a), (b), (c), (d), and (e)(1) of section 
     503.
       (4) Section 504.
                                 ______
                                 
  SA 1244. Mr. CORNYN 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 601(e)(6)(E)(ii) and insert the following:
       (ii) Deposit of state impact assistance funds.--The fees 
     collected under subparagraph (C) shall be deposited in the 
     State Impact Assistance Account established under section 
     286(x) of the Immigration and Nationality Act, as added by 
     section 402, and used for the purposes described in such 
     section 286(x).
                                 ______
                                 
  SA 1245. Mr. CORNYN 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:

       On page 148, strike lines 3 through 7, and insert the 
     following:
       ``(B) State impact assistance fee.--An alien making an 
     application for a Y-1 nonimmigrant visa shall pay a State 
     impact assistance fee of $750 and an additional $100 fee for 
     each dependent accompanying or following to join the 
     alien.''.
                                 ______
                                 
  SA 1246. Mr. CORNYN 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:

       On page 288, strike lines 4 through 9, and insert the 
     following:
       (C) State impact assistance fee.--In addition to any other 
     amounts required to be paid under this subsection, an alien 
     making an initial application for Z-1 nonimmigrant status 
     shall be required to pay a State impact assistance fee equal 
     to $750 and an additional $100 fee for each dependent 
     accompanying or following to join the alien.
                                 ______
                                 
  SA 1247. Mr. CORNYN 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:

       On page 148, strike lines 3 through 7, and insert the 
     following:
       ``(B) State impact assistance fee.--An alien making an 
     application for a Y-1 nonimmigrant visa shall pay a State 
     impact assistance fee of $750 and an additional $100 fee for 
     each dependent accompanying or following to join the 
     alien.''.

       On page 288, strike lines 4 through 9, and insert the 
     following:
       (C) State impact assistance fee.--In addition to any other 
     amounts required to be paid under this subsection, an alien 
     making an initial application for Z-1 nonimmigrant status 
     shall be required to pay a State impact assistance fee equal 
     to $750 and an additional $100 fee for each dependent 
     accompanying or following to join the alien.

       On page 288, strike lines 22 through 24, and insert the 
     following:
       (ii) Deposit of state impact assistance funds.--The fees 
     collected under subparagraph (C) shall be deposited in the 
     State Impact Assistance Account established under section 
     286(x) of the Immigration and Nationality Act, as added by 
     section 402, and used for the purposes described in such 
     section 286(x).
                                 ______
                                 
  SA 1248. Mr. ENSIGN 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:

       On page 292, between lines 33 and 34, strike: ``(D) In 
     general.--The alien'' through ``which taxes are owed.'', and 
     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 1249. Ms. CANTWELL (for herself, Mr. Cornyn, Mr. Leahy, and Mr. 
Hatch) 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:

       Strike lines 15 through 25 on page 265 and insert the 
     following:
       ``section 204(c).
       ``(G) Notwithstanding any conflicting provisions of this 
     paragraph, the requirements of this paragraph shall apply 
     only to merit-based, self-sponsored immigrants and not to 
     merit-based, employer-sponsored immigrants described in 
     paragraph (5).

[[Page 14138]]

       ``(H) Notwithstanding any conflicting provisions of this 
     paragraph, any reference in this paragraph to a worldwide 
     level of visas refers to the worldwide level specified in 
     section 201(d)(1).'';
       (3) by redesignating paragraphs (4) through (6) as 
     paragraphs (2) through (4), respectively;
       (4) in paragraph (2) (as redesignated by paragraph (3))--
       (A) by striking ``7.1 percent of such worldwide level'' and 
     inserting ``4,200 of the worldwide level specified in section 
     201(d)(1)''; and
       (B) by striking ``5,000'' and inserting ``2,500'';
       (5) in paragraph (3) (as redesignated by paragraph (3))--
       (A) in subparagraph (A), by striking ``7.1 percent of such 
     worldwide level'' and inserting ``2,800 of the worldwide 
     level specified in section 201(d)(1)''; and
       (B) in subparagraph (B)(i), by striking ``3,000'' and 
     inserting ``1,500''; and
       (6) by adding at the end the following
       ``(5) Merit-based employer-sponsored immigrants.--
       ``(A) Priority workers.--Visas shall first be made 
     available in a number not to exceed 33.3 percent of the 
     worldwide level specified in section 201(d)(5), to qualified 
     immigrants who are aliens described in any of clauses (i) 
     through (iii):
       ``(i) Aliens with extraordinary ability.--An alien is 
     described in this clause if--

       ``(I) the alien has extraordinary ability in the sciences, 
     arts, education, business, or athletics which has been 
     demonstrated by sustained national or international acclaim 
     and whose achievements have been recognized in the field 
     through extensive documentation;
       ``(II) the alien seeks to enter the United States to 
     continue work in the area of extraordinary ability; and
       ``(III) the alien's entry into the United States will 
     substantially benefit prospectively the United States.

       ``(ii) Outstanding professors and researchers.--An alien is 
     described in this clause if--

       ``(I) the alien is recognized internationally as 
     outstanding in a specific academic area;
       ``(II) the alien has at least 3 years of experience in 
     teaching or research in the academic area; and
       ``(III) the alien seeks to enter the United States--

       ``(aa) for a tenured position (or tenure-track position) 
     within an institution of higher education (as such term is 
     defined in section 101(a) of the Higher Education Act of 1965 
     (20 U.S.C. 1001(a)) to teach in the academic area;
       ``(bb) for a comparable position with an institution of 
     higher education to conduct research in the area, or
       ``(cc) for a comparable position to conduct research in the 
     area with a department, division, or institute of a private 
     employer, if the department, division, or institute employs 
     at least 3 individuals full-time in research activities and 
     has achieved documented accomplishments in an academic field.
       ``(iii) Certain multinational executives and managers.--An 
     alien is described in this clause if the alien, in the 3 
     years preceding the time of the alien's application for 
     classification and admission into the United States under 
     this paragraph, has been employed for at least 1 year by a 
     firm or corporation or other legal entity or an affiliate or 
     subsidiary thereof and the alien seeks to enter the United 
     States in order to continue to render services to the same 
     employer or to a subsidiary or affiliate thereof in a 
     capacity that is managerial or executive.
       ``(B) Aliens who are members of the professions holding 
     advanced degrees or aliens of exceptional ability.--
       ``(i) In general.--Visas shall be made available, in a 
     number not to exceed 33.3 percent of the worldwide level 
     specified in section 201(d)(5), plus any visas not required 
     for the classes specified in subparagraph (A), to qualified 
     immigrants who are members of the professions holding 
     advanced degrees or their equivalent or who because of their 
     exceptional ability in the sciences, arts, or business, will 
     substantially benefit prospectively the national economy, 
     cultural or educational interests, or welfare of the United 
     States, and whose services in the sciences, arts, 
     professions, or business are sought by an employer in the 
     United States.
       ``(ii) Determination of exceptional ability.--In 
     determining under clause (i) whether an immigrant has 
     exceptional ability, the possession of a degree, diploma, 
     certificate, or similar award from a college, university, 
     school, or other institution of learning or a license to 
     practice or certification for a particular profession or 
     occupation shall not by itself be considered sufficient 
     evidence of such exceptional ability.
       ``(C) Professionals.--
       ``(i) Visas shall be made available, in a number not to 
     exceed 33.3 percent of the worldwide level specified in 
     section 201(d)(5), plus any visas not required for the 
     classes specified in subparagraphs (A) and (B), to qualified 
     immigrants who hold baccalaureate degrees and who are members 
     of the professions and who are not described in subparagraph 
     (B).
       ``(D) Labor certification required.--An immigrant visa may 
     not be issued to an immigrant under subparagraph (B) or (C) 
     until there has been a determination made by the Secretary of 
     Labor that--
       ``(i) there are not sufficient workers who are able, 
     willing, qualified and available at the time such 
     determination is made and at the place where the alien, or a 
     substitute is to perform such skilled or unskilled labor; and
       ``(ii) the employment of such alien will not adversely 
     affect the wages and working conditions of workers in the 
     United States similarly employed.
     An employer may not substitute another qualified alien for 
     the beneficiary of such determination unless an application 
     to do so is made to and approved by the Secretary of Homeland 
     Security.''.
       (c) Worldwide Level of Merit-Based Employer-Sponsored 
     Immigrants.--Section 201(d) of the Immigration and 
     Nationality Act (8 U.S.C. 1151(d)), as amended by section 
     501(b), is further amended by adding at the end the 
     following:
       ``(5) Worldwide level for merit-based employer-sponsored 
     immigrants.--
       ``(A) In general.--The worldwide level of merit-based 
     employer-sponsored immigrants under this paragraph for a 
     fiscal year is equal to--
       ``(i) 140,000, plus
       ``(ii) the number computed under subparagraph (B).
       ``(B) Additional number.--
       ``(i) Fiscal year 2007.--The number computed under this 
     subparagraph for fiscal year 2007 is zero.
       ``(ii) Fiscal year 2008.--The number computed under this 
     subparagraph for fiscal year 2008 is the difference (if any) 
     between the worldwide level established under subparagraph 
     (A) for the previous fiscal year and the number of visas 
     issued under section 203(b)(2) during that fiscal year.''.
       In section 501, insert after subsection (b) the following:
       (c) Providing Exemptions From Merit-Based Levels for Very 
     Highly Skilled Immigrants.--Section 201(b)(1) of the 
     Immigration and Nationality Act (as amended by section 
     503(a)) (8 U.S.C. 1151(b)(1)) is further amended by inserting 
     after subparagraph (G) the following:
       ``(H) Aliens who have earned a master's or higher degree 
     from a United States institution of higher education, as such 
     term is defined in section 101(a) of the Higher Education Act 
     of 1965 (20 U.S.C. 1001(a)).
       ``(I) Aliens who have earned a master's degree or higher 
     degree in science, technology, engineering, or mathematics 
     and have been working in a related field in the United States 
     in a nonimmigrant status during the 3-year period preceding 
     their application for an immigrant visa under section 203(b).
       ``(J) Aliens who--
       ``(i) have extraordinary ability in the sciences, arts, 
     education, business, or athletics which has been demonstrated 
     by sustained national or international acclaim and whose 
     achievements have been recognized in the field through 
     extensive documentation; and
       ``(ii) seek to enter the United States to continue work in 
     the area of extraordinary ability.
       ``(K) Aliens who--
       ``(i) are recognized internationally as outstanding in a 
     specific academic area;
       ``(ii) have at least 3 years of experience in teaching or 
     research in the academic area; and
       ``(iii) who seek to enter the United States for--

       ``(I) a tenured position (or tenure-track position) within 
     an institution of higher education to teach in the academic 
     area;
       ``(II) a comparable position with an institution of higher 
     education to conduct research in the area; or
       ``(III) a comparable position to conduct research in the 
     area with a department, division, or institute of a private 
     employer, if the department, division, or institute employs 
     at least 3 persons full-time in research activities and has 
     achieved documented accomplishments in an academic field.

       ``(L) Aliens who--
       ``(i) in the 3-year period preceding their application for 
     an immigrant visa under section 203(b), have been employed 
     for at least 1 year by a firm or corporation or other legal 
     entity or an affiliate or subsidiary thereof; and
       ``(ii) who seek to enter the United States in order to 
     continue to render services to the same employer or to a 
     subsidiary or affiliate thereof in a capacity that is 
     managerial or executive.
       ``(M) The immediate relatives of an alien who is admitted 
     as a merit-based employer-sponsored immigrant under 
     subsection 203(b)(2).''.
       Strike section 418(c)(1).
       Strike section 419(a) and insert the following:
       (a) Ensuring Access to Skilled Workers in Specialty 
     Occupations.--
       (1) In general.--Section 214(g)(6) (as renumbered by 
     section 409) (8 U.S.C. 21184(g)(6)) is amended--
       (A) in subparagraph (B), by striking ``or'' after the 
     semicolon;
       (B) in subparagraph (C), by striking ``, until the number 
     of aliens who are exempted

[[Page 14139]]

     from such numerical limitation during such year exceeds 
     20,000.'' and inserting ``; or''; and
       (C) by adding at the end the following:
       ``(D) has earned a master's or higher degree in science, 
     technology, engineering, or mathematics from an institution 
     of higher education outside of the United States.''.
       (2) Applicability.--The amendments made by paragraph (1) 
     shall apply to any petition or visa application pending on 
     the date of enactment of this Act and any petition or visa 
     application filed on or after such date.
       Strike section 419(b).
       Strike section 420(a).
                                 ______
                                 
  SA 1250. Mr. CORNYN 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(i)(2)(C) (relating to other documents)--
       (1) strike clause (VI) (relating to sworn affidavits);
       (2) in clause (V), strike the semicolon at the end and 
     insert a period; and
       (3) in clause (IV), add ``and'' at the end.
       Strike section 604 (relating to mandatory disclosure of 
     information) and insert the following:

     SEC. 604. MANDATORY DISCLOSURE OF INFORMATION.

       (a) In General.--Except as otherwise provided in this 
     section, no Federal agency or bureau, or any officer or 
     employee of such agency or bureau, may--
       (1) use the information furnished by the applicant pursuant 
     to an application filed under section 601 and 602, for any 
     purpose, other than to make a determination on the 
     application;
       (2) make any publication through which the information 
     furnished by any particular applicant can be identified; or
       (3) permit anyone other than the sworn officers, employees 
     or contractors of such agency, bureau, or approved entity, as 
     approved by the Secretary of Homeland Security, to examine 
     individual applications that have been filed.
       (b) Required Disclosures.--The Secretary of Homeland 
     Security and the Secretary of State shall provide the 
     information furnished pursuant to an application filed under 
     section 601 and 602, and any other information derived from 
     such furnished information, to--
       (1) a law enforcement entity, intelligence agency, national 
     security agency, component of the Department of Homeland 
     Security, court, or grand jury 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;
       (2) a law enforcement entity, intelligence agency, national 
     security agency, or component of the Department of Homeland 
     Security in connection with a duly authorized investigation 
     of a civil violation, in each instance about an individual 
     suspect or group of suspects, when such information is 
     requested by such entity; or
       (3) an official coroner for purposes of affirmatively 
     identifying a deceased individual, whether or not the death 
     of such individual resulted from a crime.
       (c) Inapplicability After Denial.--The limitations under 
     subsection (a)--
       (1) shall apply only until an application filed under 
     section 601 and 602 is denied and all opportunities for 
     administrative appeal of the denial have been exhausted; and
       (2) shall not apply to the 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.
       (d) Criminal Convictions.--Notwithstanding any other 
     provision of this section, information concerning whether the 
     applicant has at any time been convicted of a crime may be 
     used or released for immigration enforcement and law 
     enforcement purposes.
       (e) Auditing and Evaluation of Information.--The Secretary 
     may audit and evaluate information furnished as part of any 
     application filed under sections 601 and 602, any application 
     to extend such status under section 601(k), or any 
     application to adjust status to that of an alien lawfully 
     admitted for permanent residence under section 602, for 
     purposes of identifying fraud or fraud schemes, and may use 
     any evidence detected by means of audits and evaluations for 
     purposes of investigating, prosecuting or referring for 
     prosecution, denying, or terminating immigration benefits.
       (f) Use of Information in Petitions and Applications 
     Subsequent to Adjustment of Status.--If the Secretary has 
     adjusted an alien's status to that of an alien lawfully 
     admitted for permanent residence pursuant to section 602, 
     then at any time thereafter the Secretary may use the 
     information furnished by the alien in the application for 
     adjustment of status or in the applications for status 
     pursuant to sections 601 or 602 to make a determination on 
     any petition or application.
       (g) Criminal Penalty.--Whoever knowingly uses, publishes, 
     or permits information to be examined in violation of this 
     section shall be fined not more than $10,000.
       (h) Construction.--Nothing in this section shall be 
     construed to limit the use, or release, for immigration 
     enforcement purposes of information contained in files or 
     records of the Secretary or Attorney General pertaining to an 
     applications filed under sections 601 or 602, other than 
     information furnished by an applicant pursuant to the 
     application, or any other information derived from the 
     application, that is not available from any other source.
       (i) References.--References in this section to section 601 
     or 602 are references to sections 601 and 602 of this Act and 
     the amendments made by those sections.
                                 ______
                                 
  SA 1251. Mr. CONRAD 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. ___. PEACE GARDEN PASS.

       (a) Authorization.--Notwithstanding section 7209(b) of the 
     Intelligence Reform and Terrorism Prevention Act of 2004 
     (Public Law 108-458), the Secretary, in consultation with the 
     Director of the Bureau of Citizenship and Immigration 
     Services, shall develop a travel document (referred to in 
     this section as the ``Peace Garden Pass'') to allow citizens 
     and nationals of the United States described in subsection 
     (b) to travel to the International Peace Garden on the 
     borders of the State of North Dakota and Manitoba, Canada 
     (and to be readmitted into the United States), without the 
     use of a passport, passport card, or other similar 
     alternative to a passport.
       (b) Admittance.--The Peace Garden Pass shall be issued to, 
     and shall authorize the admittance into the International 
     Peace Garden and readmittance into the United States of, any 
     citizen or national of the United States who enters the 
     International Peace Garden from the United States and exits 
     the International Peace Garden into the United States without 
     having been granted entry into Canada.
       (c) Identification.--The Secretary of State, in 
     consultation with the Secretary, shall--
       (1) determine what form of identification (other than a 
     passport, passport card, or similar alternative to a 
     passport) will be required to be presented by individuals 
     applying for the Peace Garden Pass; and
       (2) ensure that cards are only issued to--
       (A) individuals providing the identification required under 
     paragraph (1); or
       (B) individuals under 18 years of age who are accompanied 
     by an individual described in subparagraph (A).
       (d) Limitation.--The Peace Garden Pass shall not grant 
     entry into Canada.
       (e) Duration.--Each Peace Garden Pass shall be valid for a 
     period not to exceed 14 days. The actual period of validity 
     shall be determined by the issuer depending on the individual 
     circumstances of the applicant and shall be clearly indicated 
     on the pass.
       (f) Cost.--The Secretary may not charge a fee for the 
     issuance of a Peace Garden Pass.
                                 ______
                                 
  SA 1252. Mrs. FEINSTEIN 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 section 601, add the following:
       (s) Perjury and False Statements.--Any person who willfully 
     submits any materially false, fictitious, or fraudulent 
     statement or representation (including any document, 
     attestation, or sworn affidavit for that person or another 
     person) relating to an application for any benefit under the 
     immigration laws (including for Z nonimmigrant status) will 
     be subject to prosecution for perjury under section 1621 of 
     title 18, United States Code, or for making such a statement 
     or representation under section 1001 of that title.
                                 ______
                                 
  SA 1253. Mr. SESSIONS 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:

       On page 281, line 20, strike ``January 1, 2007'' and insert 
     ``May 1, 2005''.
       On page 281, line 24, strike ``January 1, 2007'' and insert 
     ``May 1, 2005''.
                                 ______
                                 
  SA 1254. Mr. SESSIONS 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 602 and insert the following:

     SEC. 602. ADJUSTMENT SHALL BE UNAVAILABLE FOR Z STATUS 
                   ALIENS.

       Notwithstanding any other provision of this Act (or an 
     amendment made by this Act)--

[[Page 14140]]

       (1) a Z nonimmigrant shall not be adjusted to the status of 
     a lawful permanent resident; and
       (2) nothing in this section shall be construed to limit the 
     number of times that a Z nonimmigrant can renew their status.

                          ____________________