The Congressional Record is a unique source of public documentation. It started in 1873, documenting nearly all the major and minor policies being discussed and debated.
“TEXT OF AMENDMENTS” mentioning the U.S. Dept of State was published in the Senate section on pages S7006-S7013 on June 4, 2007.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 1257. Mr. DOMENICI (for himself, Mr. Kyl, Mr. Cornyn, and Mrs. Hutchison) 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. __. INCREASE IN FEDERAL JUDGESHIPS IN DISTRICTS WITH
LARGE NUMBERS OF CRIMINAL IMMIGRATION CASES.
(a) Findings.--Based on the recommendations made by the 2007 Judicial Conference and the statistical data provided by the 2006 Federal Court Management Statistics (issued by the Administrative Office of the United States Courts), the Congress finds the following:
(1) Federal courts along the southwest border of the United States have a greater percentage of their criminal caseload affected by immigration cases than other Federal courts.
(2) The percentage of criminal immigration cases in most southwest border district courts totals more than 49 percent of the total criminal caseloads of those districts.
(3) The current number of judges authorized for those courts is inadequate to handle the current caseload.
(4) Such an increase in the caseload of criminal immigration filings requires a corresponding increase in the number of Federal judgeships.
(5) The 2007 Judicial Conference recommended the addition of judgeships to meet this growing burden.
(6) The Congress should authorize the additional district court judges necessary to carry out the 2007 recommendations of the Judicial Conference for district courts in which the criminal immigration filings represented more than 49 percent of all criminal filings for the 12-month period ending September 30, 2006.
(b) Purpose.--The purpose of this section is to increase the number of Federal judgeships, in accordance with the recommendations of the 2007 Judicial Conference, in district courts that have an extraordinarily high criminal immigration caseload.
(c) Additional District Court Judgeships.--
(1) Permanent judgeships.--
(A) In general.--The President shall appoint, by and with the advice and consent of the Senate--
(i) 4 additional district judges for the district of Arizona;
(ii) 1 additional district judge for the district of New Mexico;
(iii) 2 additional district judges for the southern district of Texas; and
(iv) 1 additional district judge for the western district of Texas.
(B) Conforming amendments.--In order that the table contained in section 133(a) of title 28, United States Code, reflect the number of additional judges authorized under paragraph (1), such table is amended--
(i) by striking the item relating to Arizona and inserting the following:
``Arizona.........................................................16'';
(ii) by striking the item relating New Mexico and inserting the following:
``New Mexico...................................................7''; and
(iii) by striking the item relating to Texas and inserting the following:
``Texas
Northern.......................................................... 12
Southern.......................................................... 21
Eastern........................................................... 7
Western.........................................................14''.
(2) Temporary judgeships.--
(A) In general.--The President shall appoint, by and with the advice and consent of the Senate--
(i) 1 additional district judge for the district of Arizona; and
(ii) 1 additional district judge for the district of New Mexico.
(B) Vacancy.--For each of the judicial districts named in this paragraph, the first vacancy arising on the district court 10 years or more after a judge is first confirmed to fill the temporary district judgeship created in that district by this paragraph shall not be filled.
SA 1258. Mr. DOMENICI (for himself, Mr. Kyl, Mr. Cornyn, and Mrs. Hutchison) 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. __. DISTRICT JUDGES FOR THE DISTRICT COURTS IN BORDER
STATES.
(a) In General.--The President shall appoint, by and with the advice and consent of the Senate--
(1) 4 additional district judges for the district of Arizona;
(2) 4 additional district judges for the central district of California;
(3) 4 additional district judges for the eastern of California;
(4) 2 additional district judges for the northern district of California;
(5) 1 additional district judge for the district of Minnesota;
(6) 1 additional district judge for the district of New Mexico;
(7) 3 additional district judges for the eastern district of New York;
(8) 1 additional district judge for the western district of New York;
(9) 1 additional district judge for the eastern district of Texas;
(10) 2 additional district judges for the southern district of Texas;
(11) 1 additional district judge for the western district of Texas; and
(12) 1 additional district judge for the western district of Washington.
(b) Temporary Judgeships.--The President shall appoint, by and with the advice and consent of the Senate--
(1) 1 additional district judge for the district of Arizona;
(2) 1 additional district judge for the central district of California;
(3) 1 additional district judge for the northern district of California;
(4) 1 additional district judge for the district of Idaho; and
(5) 1 additional district judge for the district of New Mexico.For each of the judicial districts named in this subsection, the first vacancy arising on the district court 10 years or more after a judge is first confirmed to fill the temporary district judgeship created in that district by this subsection shall not be filled.
(c) Existing Judgeships.--The existing judgeships for the district of Arizona and the district of New Mexico authorized by section 312(c) of the 21st Century Department of Justice Appropriations Authorization Act (Public Law 107-273, 116 Stat. 1758), as of the effective date of this Act, shall be authorized under section 133 of title 28, United States Code, and the incumbents in those offices shall hold the office under section 133 of title 28, United States Code, as amended by this Act.
(d) Tables.--In order that the table contained in section 133 of title 28, United States Code, will, with respect to each judicial district, reflect the changes in the total number of permanent district judgeships authorized as a result of subsections (a) and (c), such table is amended to read as follows:
``Districts Judges
Alabama:
Northern................................................... 7
Middle..................................................... 3
Southern................................................... 3
Alaska....................................................... 3
Arizona...................................................... 17
Arkansas:
Eastern.................................................... 5
Western.................................................... 3
California:
Northern................................................... 16
Eastern.................................................... 10
Central.................................................... 31
Southern................................................... 13
Colorado..................................................... 7
Connecticut.................................................. 8
Delaware..................................................... 4
District of Columbia......................................... 15
Florida:
Northern................................................... 4
Middle..................................................... 15
Southern................................................... 17
Georgia:
Northern................................................... 11
Middle..................................................... 4
Southern................................................... 3
Hawaii....................................................... 3
Idaho........................................................ 2
Illinois:
Northern................................................... 22
Central.................................................... 4
Southern................................................... 4
Indiana:
Northern................................................... 5
Southern................................................... 5
Iowa:
Northern................................................... 2
Southern................................................... 3
Kansas....................................................... 5
Kentucky:
Eastern.................................................... 5
Western.................................................... 4
Eastern and Western........................................ 1
Louisiana:
Eastern.................................................... 12
Middle..................................................... 3
Western.................................................... 7
Maine........................................................ 3
Maryland..................................................... 10
Massachusetts................................................ 13
Michigan:
Eastern.................................................... 15
Western.................................................... 4
Minnesota.................................................... 8
Mississippi:
Northern................................................... 3
Southern................................................... 6
Missouri:
Eastern.................................................... 6
Western.................................................... 5
Eastern and Western........................................ 2
Montana...................................................... 3
Nebraska..................................................... 3
Nevada....................................................... 7
New Hampshire................................................ 3
New Jersey................................................... 17
New Mexico................................................... 8
New York:
Northern................................................... 5
Southern................................................... 28
Eastern.................................................... 18
Western.................................................... 5
North Carolina:
Eastern.................................................... 4
Middle..................................................... 4
Western.................................................... 3
North Dakota................................................. 2
Ohio:
Northern................................................... 11
Southern................................................... 8
Oklahoma:
Northern................................................... 3
Eastern.................................................... 1
Western.................................................... 6
Northern, Eastern, and Western............................. 1
Oregon....................................................... 6
Pennsylvania:
Eastern.................................................... 22
Middle..................................................... 6
Western.................................................... 10
Puerto Rico.................................................. 7
Rhode Island................................................. 3
South Carolina............................................... 10
South Dakota................................................. 3
Tennessee:
Eastern.................................................... 5
Middle..................................................... 4
Western.................................................... 5
Texas:
Northern................................................... 12
Southern................................................... 21
Eastern.................................................... 8
Western.................................................... 14
Utah......................................................... 5
Vermont...................................................... 2
Virginia:
Eastern.................................................... 11
Western.................................................... 4
Washington:
Eastern.................................................... 4
Western.................................................... 8
West Virginia:
Northern................................................... 3
Southern................................................... 5
Wisconsin:
Eastern.................................................... 5
Western.................................................... 2
Wyoming...................................................... 3''.
(e) Authorization of Appropriations.--There are authorized to be appropriated such sums as are necessary to carry out this section, including such sums as are necessary to provide appropriate space and facilities for the judicial positions created by this section.
SA 1259. Mr. DOMENICI submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the end of section 128, add the following:
(5) An evaluation of the positive and negative impacts of privatizing border patrol training, including an evaluation of the impact of privatization on the quality, morale, and consistency of Border Patrol agents.
(c) Considerations.--In conducting the review under subsection (a), the Comptroller General of the United States shall consider--
(1) the report by the Government Accountability Office entitled ``Homeland Security: Information on Training New Border Patrol Agents'' and dated March 30, 2007;
(2) the ability of Federal providers of border patrol training, as compared to private providers of similar training, to incorporate time-sensitive changes based on the needs of an agency or changes in the law;
(3) the ability of a Federal agency, as compared to a private entity, to defend the Federal agency or private entity, as applicable, from lawsuits involving the nature, quality, and consistency of law enforcement training; and
(4) whether any other Federal training would be more appropriate and cost efficient for privatization than basic border patrol training.
(d) Consultation.--In conducting the review under subsection (a), the Comptroller General of the United States shall consult with--
(1) the Secretary of Homeland Security;
(2) the Commissioner of the Bureau of Customs and Border Protection; and
(3) the Director of the Federal Law Enforcement Training Center.
______
SA 1260. Mr. DOMENICI 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 122(b)(2), insert ``the Bureau of Land Management,'' before ``the National Park Service''.
In section 122(d)(1), insert ``the Bureau of Land Management,'' before ``the National Park Service''.
In section 122(d)(2), insert ``the Subcommittee on Public Lands and Forests and'' after ``including''.
In section 122(e)(3), strike ``and''.
In section 122(e), redesignate paragraph (4) as paragraph
(5).
In section 122(e), after paragraph (3), insert the following:
(4) Bureau of Land Management Land; and
At the end of section 122, add the following:
(f) Addition Personnel.--
(1) Forest service.--In each of the fiscal years 2008 through 2012, the Secretary of Agriculture, subject to the availability of appropriations, shall increase by not less than 50 the number of positions for realty personnel in the Forest Service, for purposes of--
(A) coordinating the submission to, and review by, the Office of Border Patrol and the Department of Homeland Security of proposals and other environmental documents, including environmental impact statements under the National Environmental Protection Act of 1969 (42 U.S.C. 4321 et seq.); and
(B) processing realty actions on public land.
(2) Bureau of land management.--In each of the fiscal years 2008 through 2012, the Secretary of Interior, subject to the availability of appropriations, shall increase by not less than 50 the number of positions for realty personnel in the Bureau of Land Management for the purposes described in paragraph (1).
(3) National park service.--In each of the fiscal years 2008 through 2012, the Secretary of Interior, subject to the availability of appropriations, shall increase by not less than 50 the number of positions for realty personnel in the National Park Service for the purposes described in paragraph
(1).
______
SA 1261. Mr. DOMENICI submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the end of title VII, insert the following:
SEC. 711. STUDY OF RADIO COMMUNICATIONS ALONG THE
INTERNATIONAL BORDER.
(a) In General.--Not later than 180 days after the date of the enactment of this Act, the Secretary of Homeland Security shall conduct a study to determine the areas along the international borders of the United States where Federal and State law enforcement officers are unable to achieve radio communication or where radio communication is inadequate.
(b) Development of Plan.--Upon conclusion of the study described in subsection (a), the Secretary shall develop a plan for enhancing radio communication capability along the international borders. The plan shall include an estimate of the cost for implementing the plan and recommendations for how Federal, State, and local law enforcement officers can benefit from the plan.
______
SA 1262. Mr. DOMENICI 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 125(a)(2)(C), after ``States'' insert the following: ``, including consideration of whether the Department of Homeland Security should use the UAV Systems and Operations Validation Program funded by the Department of Defense to test unmanned aerial vehicle platforms and systems in civil airspace on a routine basis alongside manned aircraft''.
______
SA 1263. Mr. DOMENICI 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. __. COOPERATION WITH THE GOVERNMENT OF MEXICO.
(a) Cooperation Regarding Border Security.--The Secretary of State, in cooperation with the Secretary and representatives of Federal, State, and local law enforcement agencies that are involved in border security and immigration enforcement efforts, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico regarding--
(1) improved border security along the international border between the United States and Mexico;
(2) the reduction of human trafficking and smuggling between the United States and Mexico;
(3) the reduction of drug trafficking and smuggling between the United States and Mexico;
(4) the reduction of gang membership in the United States and Mexico;
(5) the reduction of violence against women in the United States and Mexico; and
(6) the reduction of other violence and criminal activity.
(b) Cooperation Regarding Education on Immigration Laws.--The Secretary of State, in cooperation with other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to carry out activities to educate citizens and nationals of Mexico regarding eligibility for status as a nonimmigrant under Federal law to ensure that the citizens and nationals are not exploited while working in the United States.
(c) Cooperation Regarding Circular Migration.--The Secretary of State, in cooperation with the Secretary of Labor and other appropriate Federal officials, shall work with the appropriate officials from the Government of Mexico to improve coordination between the United States and Mexico to encourage circular migration, including assisting in the development of economic opportunities and providing job training for citizens and nationals in Mexico.
(d) Annual Report.--Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of State shall submit a report to Congress describing the actions taken by the United States and Mexico under this Act.
______
SA 1264. Mr. DOMENICI 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. __. IMPROVED LAW ENFORCEMENT TRAINING.
(a) Requirement.--The Secretary, in coordination with the Director of the Federal Law Enforcement Training Center and the Commissioner of U.S. Customs and Border Protection, if appropriate, shall improve and expand the Federal Law Enforcement Training Center in Artesia, New Mexico (referred to in this section as ``FLETC'') and the Border Patrol Academy located at FLETC by--
(1) authorizing the construction of a detention facility for training purposes;
(2) developing, not later than 2 years after the date of the enactment of this Act, a plan to improve and expand such Border Patrol Academy, including--
(A) a plan to develop realistic scenario-based training; and
(B) an evaluation of new facilities, improvements, equipment, land, and other resources needed to carry out the plan to improve and expand the Border Patrol Academy; and
(3) developing, not later than 2 years after the date of the enactment of this Act and in consultation with appropriate partner agencies, a plan to expand and improve FLETC, including--
(A) a plan to develop realistic scenario-based training;
(B) an evaluation of new facilities, improvements, equipment, land and other resources needed to carry out the plan; and
(C) an evaluation of the entities that utilize any Federal Law Enforcement Training Center or other State or local law enforcement entities that would be appropriate to utilize FLETC.
(b) Language Arts Program and Facility.--
(1) Program expansion.--The Secretary shall expand the language arts program and facility at FLETC to provide training for the Department of Homeland Security personnel and law enforcement officers identified under paragraph (3).
(2) Training requirement.--
(A) Homeland security.--The Secretary shall--
(i) identify any employee of the Department of Homeland Security for whom foreign language education is necessary; and
(ii) require foreign language education for any employee identified under clause (i).
(B) Law enforcement.--The head of each executive agency shall--
(i) identify any law enforcement officer employed by such executive agency for whom foreign language education is necessary; and
(ii) require foreign language education for any law enforcement officer identified under clause (i).
(3) Training.--Foreign language education for any individual identified under subparagraph (A)(i) or (B)(i) of paragraph (2) shall be provided through the language arts program and facility at FLETC.
(c) Definitions.--In this section--
(1) the term ``executive agency'' has the same meaning as in section 105 of title 5, United States Code, except that the term does not include the Department of Defense or the Department of State;
(2) the term ``law enforcement officer'' has the same meaning as in section 8331 of title 5, United States Code; and
(3) the term ``Secretary'' means the Secretary of Homeland Security.
(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.
______
SA 1265. Mr. DOMENICI (for himself and Mr. Bingaman) 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. __. TRAVEL PRIVILEGES FOR CERTAIN TEMPORARY VISITORS
FROM MEXICO.
(a) In General.--Except as provided in subsection (b), the Secretary shall permit a national of Mexico to travel up to 100 miles from the international border between Mexico and the State of New Mexico if such national--
(1) possesses a valid machine-readable biometric border crossing identification card issued by a consular officer of the Department of State;
(2) enters the State of New Mexico through a port of entry where such card is processed using a machine reader;
(3) has successfully completed any background check required by the Secretary for such travel; and
(4) is admitted into the United States as a nonimmigrant under section 101(a)(15)(B) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(B)).
(b) Exception.--On a case-by-case basis, the Secretary may limit the travel of a national of Mexico who meets the requirements of paragraphs (1) through (4) of subsection (a) to a distance of less than 100 miles from the international border between Mexico and the State of New Mexico if the Secretary determines that the national was previously admitted into the United States as a nonimmigrant and violated the terms and conditions of the national's nonimmigrant status.
______
SA 1266. Mr. ALEXANDER submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
In section 709 of the bill redesignate subsection (b) as subsection (c), and insert the following:
(b) Assessment Tools.--The Director of the United States Citizenship and Immigration Services, in consultation with the Secretary of Education, shall develop valid and reliable assessment tools to measure the progress of individuals--
(1) in the acquisition of the English language under subsection (a); and
(2) in meeting any other English language requirements in this Act.
______
SA 1267. Mr. BINGAMAN (for himself and Mr. Obama) 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:
Section 218A(i) of the Immigration and Nationality Act, as added by section 402, is amended to read as follows:
``(i) Period of Authorized Admission.--
``(1) In general.--Aliens admitted to the United States as Y nonimmigrants shall be granted the following periods of admission:
``(A) Y-1 nonimmigrants.--An alien granted admission as a Y-1 nonimmigrant shall be granted an authorized period of admission of 2 years. Such 2-year period of admission may be extended for 2 additional 2-year periods.
``(B) Y-2 nonimmigrants.--Aliens granted admission as Y-2 nonimmigrants shall be granted an authorized period of admission of 10 months.
``(2) Y-1 nonimmigrants with y-3 dependents.--A Y-1 nonimmigrant who has accompanying or following-to-join derivative family members in Y-3 nonimmigrant status shall be limited to two 2-year periods of admission. If the family members accompany the Y-1 nonimmigrant during the alien's first period of admission the family members may not accompany or join the Y-1 nonimmigrant during the alien's second period of admission. If the Y-1 nonimmigrant's family members accompany or follow to join the Y-1 nonimmigrant during the alien's second period of admission, but not his first period of admission, then the Y-1 nonimmigrant shall not be granted any additional periods of admission in Y nonimmigrant status. The period of authorized admission of a Y-3 nonimmigrant shall expire on the same date as the period of authorized admission of the principal Y-1 nonimmigrant worker.
``(3) Supplementary periods.--Each period of authorized admission described in paragraph (1) shall be supplemented by a period of not more than 1 week before the beginning of the period of employment for the purpose of travel to the worksite and, except where such period of authorized admission has been terminated under subsection (j), a period of 14 days following the period of employment for the purpose of departure or extension based on a subsequent offer of employment, except that--
``(A) the alien is not authorized to be employed during such 14-day period except in the employment for which the alien was previously authorized; and
``(B) the total period of employment, including such 14-day period, may not exceed the maximum applicable period of admission under paragraph (1).
``(4) Limitation on admissions.--
``(A) Y-1 nonimmigrants.--An alien who has been admitted to the United States in Y-1 nonimmigrant status for a period of 2 years under paragraph (1), or as the Y-3 nonimmigrant spouse or child of such a Y-1 nonimmigrant, may not be readmitted to the United States as a Y-1 or Y-3 nonimmigrant after expiration of such period of authorized admission, regardless of whether the alien was employed or present in the United States for all or a part of such period.
``(B) Y-2 nonimmigrants.--An alien who has been admitted to the United States in Y-2 nonimmigrant status may not, after expiration of the alien's period of authorized admission, be readmitted to the United States as a Y-2 nonimmigrant after expiration of the alien's period of authorized admission, regardless of whether the alien was employed or present in the United States for all or only a part of such period, unless the alien has resided and been physically present outside the United States for the immediately preceding 2 months.
``(C) Readmission with new employment.--Nothing in this paragraph shall be construed to prevent a Y nonimmigrant, whose period of authorized admission has not yet expired or been terminated under subsection (j), and who leaves the United States in a timely fashion after completion of the employment described in the petition of the Y nonimmigrant's most recent employer, from reentering the United States as a Y nonimmigrant to work for a new employer, if the alien and the new employer have complied with all applicable requirements of this section and section 218B.
``(5) International commuters.--An alien who maintains actual residence and a place of abode outside the United States and commutes, on days the alien is working, into the United States to work as a Y-1 nonimmigrant, shall be granted an authorized period of admission of 3 years. The limitations described in paragraph (3) shall not apply to commuters described in this paragraph.''.
______
SA 1268. Mr. BINGAMAN 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 224, in the handwritten matter, strike ``(9)(A)'' and insert ``(10)(A)''.
On page 225, strike ``such limitation'' and insert ``the limitations under clauses (i) and (ii) of paragraph (1)(D)''.
______
SA 1269. Mr. BINGAMAN 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 602(a), strike paragraph (6) and insert the following:
(6) Clarification that newly legalized aliens shall be considered ``not qualified'' aliens for purposes of federal public benefits.--
(A) In general.--The restrictions on Federal public benefits for ``not qualified'' immigrants under section 401 of Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611)and on Federal means-tested public benefits under sections 402 and 403 of such Act (8 U.S.C. 1612 and 1613) shall apply to an alien whose status has been adjusted under this section--
(i) for a period of 5 years beginning on the date the individual obtains legal status under this section; and
(ii) until the individual adjusts to lawful permanent resident status.
(B) Qualified immigrant.--After both conditions are met under subparagraph (A), an individual described in such subparagraph shall be treated in the same manner as other
``qualified'' immigrants who have met the 5-year period of ineligibility under title IV of the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 (8 U.S.C. 1611 et seq.).
______
SA 1270. Mr. BINGAMAN submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE __--U.S. BORDER HEALTH
SEC. _01. SHORT TITLE.
This title may be cited as the ``Border Health Security Act of 2007''.
SEC. _02. DEFINITIONS.
In this title:
(1) Border area.--The term ``border area'' has the meaning given the term ``United States-Mexico Border Area'' in section 8 of the United States-Mexico Border Health Commission Act (22 U.S.C. 290n-6).
(2) Secretary.--The term ``Secretary'' means the Secretary of Health and Human Services.
SEC. _03. BORDER HEALTH GRANTS.
(a) Eligible Entity Defined.--In this section, the term
``eligible entity'' means a State, public institution of higher education, local government, tribal government, nonprofit health organization, trauma center, or community health center receiving assistance under section 330 of the Public Health Service Act (42 U.S.C. 254b), that is located in the border area.
(b) Authorization.--From funds appropriated under subsection (f), the Secretary, acting through the United States members of the United States-Mexico Border Health Commission, shall award grants to eligible entities to address priorities and recommendations to improve the health of border area residents that are established by--
(1) the United States members of the United States-Mexico Border Health Commission;
(2) the State border health offices; and
(3) the Secretary.
(c) Application.--An eligible entity that desires a grant under subsection (b) shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(d) Use of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds for--
(1) programs relating to--
(A) maternal and child health;
(B) primary care and preventative health;
(C) public health and public health infrastructure;
(D) health promotion;
(E) oral health;
(F) behavioral and mental health;
(G) substance abuse;
(H) health conditions that have a high prevalence in the border area;
(I) medical and health services research;
(J) workforce training and development;
(K) community health workers or promotoras;
(L) health care infrastructure problems in the border area
(including planning and construction grants);
(M) health disparities in the border area;
(N) environmental health;
(O) health education;
(P) outreach and enrollment services with respect to Federal programs (including programs authorized under titles XIX and XXI of the Social Security Act (42 U.S.C. 1396 and 1397aa));
(Q) trauma care;
(R) infectious disease testing and monitoring;
(S) health research with an emphasis on infectious disease; and
(T) cross-border health surveillance; and
(2) other programs determined appropriate by the Secretary.
(e) Supplement, Not Supplant.--Amounts provided to an eligible entity awarded a grant under subsection (b) shall be used to supplement and not supplant other funds available to the eligible entity to carry out the activities described in subsection (d).
(f) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section such sums as may be necessary for fiscal year 2008 and each succeeding fiscal year.
SEC. _04. GRANTS FOR ALL HAZARDS PREPAREDNESS IN THE BORDER
AREA INCLUDING BIOTERRORISM AND INFECTIOUS
DISEASE.
(a) Eligible Entity Defined.--In this section, the term
``eligible entity'' means a State, local government, tribal government, trauma centers, regional trauma center coordinating entity, or public health entity.
(b) Authorization.--From funds appropriated under subsection (e), the Secretary shall award grants to eligible entities for all hazards preparedness in the border area including bioterrorism and infectious disease.
(c) Application.--An eligible entity that desires a grant under this section shall submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary may require.
(d) Uses of Funds.--An eligible entity that receives a grant under subsection (b) shall use the grant funds to, in coordination with State and local all hazards programs--
(1) develop and implement all hazards preparedness plans and readiness assessments and purchase items necessary for such plans;
(2) coordinate all hazard and emergency preparedness planning in the region;
(3) improve infrastructure, including surge capacity syndromic surveillance, laboratory capacity, and isolation/decontamination capacity;
(4) create a health alert network, including risk communication and information dissemination;
(5) educate and train clinicians, epidemiologists, laboratories, and emergency personnel;
(6) implement electronic data systems to coordinate the triage, transportation, and treatment of multi-casualty incident victims;
(7) provide infectious disease testing in the border area; and
(8) carry out such other activities identified by the Secretary, the United States-Mexico Border Health Commission, State and local public health offices, and border health offices.
(e) Authorization of Appropriations.--There is authorized to be appropriated to carry out this section $25,000,000 for fiscal year 2008 and such sums as may be necessary for each succeeding fiscal year.
SEC. _05. UNITED STATES-MEXICO BORDER HEALTH COMMISSION ACT
AMENDMENTS.
The United States-Mexico Border Health Commission Act (22 U.S.C. 290n et seq.) is amended by adding at the end the following:
``SEC. 9. AUTHORIZATION OF APPROPRIATIONS.
``There is authorized to be appropriated to carry out this Act $10,000,000 for fiscal year 2008 and such sums as may be necessary for each succeeding fiscal year.''.
SEC. _06. COORDINATION OF HEALTH SERVICES AND SURVEILLANCE.
The Secretary may coordinate with the Secretary of Homeland Security in establishing a health alert system that--
(1) alerts clinicians and public health officials of emerging disease clusters and syndromes along the border area; and
(2) is alerted to signs of health threats, disasters of mass scale, or bioterrorism along the border area.
SEC. _07. BINATIONAL HEALTH INFRASTRUCTURE AND HEALTH
INSURANCE.
(a) In General.--The Secretary of Health and Human Services shall enter into a contract with the Institute of Medicine for the conduct of a study concerning binational health infrastructure (including trauma and emergency care) and health insurance efforts. In conducting such study, the Institute shall solicit input from border health experts and health insurance issuers.
(b) Report.--Not later than 1 year after the date on which the Secretary of Health and Human Services enters into the contract under subsection (a), the Institute of Medicine shall submit to the Secretary and the appropriate committees of Congress a report concerning the study conducted under such contract. Such report shall include the recommendations of the Institute on ways to expand or improve binational health infrastructure and health insurance efforts.
SEC. _08. PROVISION OF RECOMMENDATIONS AND ADVICE TO
CONGRESS.
Section 5 of the United States-Mexico Border Health Commission Act (22 U.S.C. 290n-3) is amended by adding at the end the following:
``(d) Providing Advice and Recommendations to Congress.--A member of the Commission, or an individual who is on the staff of the Commission, may at any time provide advice or recommendations to Congress concerning issues that are considered by the Commission. Such advice or recommendations may be provided whether or not a request for such is made by a member of Congress and regardless of whether the member or individual is authorized to provide such advice or recommendations by the Commission or any other Federal official.''.
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SA 1271. 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:
In section 425(h), strike paragraph (3).
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SA 1272. 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:
At the appropriate place, insert the following:
SEC. __. B-1 VISITOR VISA GUIDELINES AND DATA TRACKING
SYSTEMS.
(a) Guidelines.--
(1) In general.--Not later than 6 months after the date of enactment of this Act--
(A) the Secretary of State shall review existing regulations or internal guidelines relating to the decisionmaking process with respect to the issuance of B-1 visas by consular officers and determine whether modifications are necessary to ensure that such officers make decisions with respect to the issuance of B-1 visas as consistently as possible while ensuring security and maintaining officer discretion over such issuance determinations; and
(B) the Secretary of Homeland Security shall review existing regulations or internal guidelines relating to the decisionmaking process of Customs and Border Protection officers concerning whether travelers holding a B-1 visitor visa are admissible to the United States and the appropriate length of stay and shall determine whether modifications are necessary to ensure that such officers make decisions with respect to travelers admissibility and length of stay as consistently as possible while ensuring security and maintaining officer discretion over such determinations.
(2) Modification.--If after conducting the reviews under paragraph (1), the Secretary of State or the Secretary of Homeland Security determine that modifications to existing regulations or internal guidelines, or the establishment of new regulations or guidelines, are necessary, the relevant Secretary shall make such modifications during the 6-month period referred to in such paragraph.
(3) Consultations.--In making determinations and preparing guidelines under paragraph (1), the Secretary of State and the Secretary of Homeland Security shall consult with appropriate stakeholders, including consular officials and immigration inspectors.
(b) Data Tracking Systems.--
(1) In general.--Not later than 18 months after the date of enactment of this Act--
(A) the Secretary of State shall develop and implement a system to track aggregate data relating to the issuance of B-1 visitor visas in order to ensure the consistent application of the guidelines established under subsection (a)(1)(A); and
(B) the Secretary of Homeland Security shall develop and implement a system to track aggregate data relating to admissibility decision, and length of stays under, B-1 visitor visas in order to ensure the consistent application of the guidelines established under subsection (a)(1)(B).
(2) Limitation.--The systems implemented under paragraph
(1) shall not store or track personally identifiable information, except that this paragraph shall not be construed to limit the application of any other system that is being implemented by the Department of State or the Department of Homeland Security to track travelers or travel to the United States.
(c) Public Education.--The Secretary of State and the Secretary of Homeland Security shall carry out activities to provide guidance and education to the public and to visa applicants concerning the nature, purposes, and availability of the B-1 visa for business travelers.
(d) Report.--Not later than 6 and 18 months after the date of enactment of this Act, the Secretary of State and the Secretary of Homeland Security shall submit to Congress, reports concerning the status of the implementation of this section.
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SA 1273. 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:
In title V of the bill, strike section 505.
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SA 1274. 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 112, line 31, strike ``The Secretary shall perform regular audits'' and insert ``Not later than 6 months after the date of the enactment of this section and annually thereafter, the Secretary shall conduct an audit''.
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SA 1275. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the end of title IV, insert the following:
SEC. 427. REPORT ON THE Y NONIMMIGRANT VISA PROGRAM.
(a) In General.--Not later than 2 years and 2 months after the date on which the Secretary of Homeland Security makes the certification described in section 1(a) of this Act, and every year thereafter, the Secretary shall report to Congress on the number of Y nonimmigrant visa holders that return to their foreign residence, as required under section 218A(j)(3) of the Immigration and Nationality Act, as added by section 402 of this Act.
(b) Termination of Y Nonimmigrant Visa Program.--
(1) In general.--Notwithstanding any other provision of law or of this Act, if in any year the Secretary of Homeland Security reports to the Congress under subsection (a) that 20 percent or more of Y nonimmigrant visa holders do not comply with the return requirement under section 218A(j)(3) of the Immigration and Nationality Act, then--
(A) for the following calendar year, no new Y nonimmigrant visas shall be issued; and
(B) for such calendar year, section 218A of the Immigration and Nationality Act shall have no force or effect, except with respect to those Y immigrant visa holders described under paragraph (2).
(2) Compliant y nonimmigrant visa holders.--An existing Y nonimmigrant visa holder who is found to have been in compliance with the return requirement under section 218A(j)(3) of the Immigration and Nationality Act, at the beginning of any calendar year in which no new Y nonimmigrant visas are issued in accordance with paragraph (1), shall be allowed to continue in the Y visa program if the period of authorized admission of such visa holder has not expired.
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SA 1276. 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:
On page 223, line 11, strike ``not exceed--'' and all that follows through line 21, and insert the following: ``not exceed 100,000 for any fiscal year; or'' .
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SA 1277. Mr. KENNEDY 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 48, between lines 10 and 11, insert the following:
SEC. 204. PRECLUDING ADMISSIBILITY OF ALIENS CONVICTED OF
SERIOUS CRIMINAL OFFENSES.
(a) Inadmissibility on Criminal and Related Grounds.--Section 212(a)(2) (8 U.S.C. 1182(a)(2)) is amended by adding at the end the following:
``(J) Crimes involving firearms.--Any alien who has been convicted of--
``(i) a crime involving the 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), for which the alien was sentenced to a term of imprisonment of more than 1 year; or
``(ii) a violation of section 2250 of title 18, United States Code (relating to failure to register as a sex offender),is inadmissible.
``(K) Crimes of domestic violence, stalking, or violation of protective orders; crimes against children.--
``(i) Domestic violence, stalking, and child abuse.--Any alien who has been convicted of a crime of domestic violence, a crime of stalking, or a crime of child abuse, child neglect, or child abandonment, for which the alien was imprisoned for more than 1 year, 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 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 constitutes criminal contempt of 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, and has been imprisoned for more than 1 year for such offenses, 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 an independent order in another proceeding.
``(iii) Applicability.--This subparagraph shall not apply to an alien who has been battered or subjected to extreme cruelty and who is not and was not the primary perpetrator of violence in the relationship, upon a determination by the Attorney General or the Secretary of Homeland Security that--
``(I) the alien was acting in self-defense;
``(II) the alien was found to have violated a protection order intended to protect the alien; or
``(III) the alien committed, was arrested for, was convicted of, or pled guilty to committing a crime that did not result in serious bodily injury.''.
(b) Waivers.--Section 212(h) (8 U.S.C. 1182(h)) is amended--
(1) by inserting ``or the Secretary of Homeland Security'' after ``the Attorney General'' each place it appears; and
(2) 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), (F), (J), and (K) of subsection
(a)(2)''.
(c) Effective Date.--The amendments made by this section shall apply to any conviction that occurs on or after the date of the enactment of this Act.
On page 48, line 36, insert ``(including a violation of subsection (c) or (h) of section 924 of title 18, United States Code)'' after ``explosives.''.
On page 83, after line 22, add the following:
SEC. 229. INCREASED CRIMINAL PENALTIES RELATED TO DRUNK
DRIVING.
(a) Inadmissibility.--Section 212(a)(2) (8 U.S.C. 1182(a)(2)), as amended by section 204, is further amended--
(1) by redesignating subparagraph (F) as subparagraph (L); and
(2) by inserting after subparagraph (E) the following:
``(F) Drunk drivers.--Any alien who has been convicted of 3 offenses for driving under the influence is inadmissible if at least 1 of the offenses is a felony under Federal or State law, for which the alien served more than 1 year in prison.''.
(b) Deportability.--Section 237(a)(2) (8 U.S.C. 1227(a)(2)) is amended by adding at the end the following:
``(F) Drunk drivers.--Unless the Secretary of Homeland Security or the Attorney General waives the application of this subparagraph, any alien who has been convicted of 3 offenses for driving under the influence is deportable if more than 1 of the offenses is a felony under Federal or State law, for which the alien served more than 1 year in prison.''.
(c) Conforming Amendment.--Section 212(h) (8 U.S.C. 1182(h)) is amended, in the matter preceding paragraph (1), by striking ``and (E)'' and inserting ``(E), and (F)''.
(d) Effective Date.--The amendments made by this section shall take effect on the date of the enactment of this Act and shall apply to convictions entered on or after such date.
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SA 1278. Mr. KOHL submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following: SECTION __. STATE COURT INTERPRETER GRANT PROGRAM.
(a) Short Title.--This section may be cited as the ``State Court Interpreter Grant Program Act''.
(b) Findings.--Congress finds that--
(1) the fair administration of justice depends on the ability of all participants in a courtroom proceeding to understand that proceeding, regardless of their English proficiency;
(2) 19 percent of the population of the United States over 5 years of age speaks a language other than English at home;
(3) only qualified court interpreters can ensure that persons with limited English proficiency comprehend judicial proceedings in which they are a party;
(4) the knowledge and skills required of a qualified court interpreter differ substantially from those required in other interpretation settings, such as social service, medical, diplomatic, and conference interpreting;
(5) the Federal Government has demonstrated its commitment to equal administration of justice regardless of English proficiency;
(6) regulations implementing title VI of the Civil Rights Act of 1964, as well as the guidance issued by the Department of Justice pursuant to Executive Order 13166, issued August 11, 2000, clarify that all recipients of Federal financial assistance, including State courts, are required to take reasonable steps to provide meaningful access to their proceedings for persons with limited English proficiency;
(7) 36 States have developed, or are developing, qualified court interpreting programs;
(8) robust, effective court interpreter programs--
(A) actively recruit skilled individuals to be court interpreters;
(B) train those individuals in the interpretation of court proceedings;
(C) develop and use a thorough, systematic certification process for court interpreters; and
(D) have sufficient funding to ensure that a qualified interpreter will be available to the court whenever necessary; and
(9) Federal funding is necessary to--
(A) encourage State courts that do not have court interpreter programs to develop them;
(B) assist State courts with nascent court interpreter programs to implement them;
(C) assist State courts with limited court interpreter programs to enhance them; and
(D) assist State courts with robust court interpreter programs to make further improvements and share successful programs with other States.
(c) State Court Interpreter Program.--
(1) Grants authorized.--
(A) In general.--The Administrator of the Office of Justice Programs of the Department of Justice (referred to in this subsection as the ``Administrator'') shall award grants, in accordance with such regulations as the Attorney General may prescribe, to State courts to develop and implement programs to assist individuals with limited English proficiency to access and understand State court proceedings in which they are a party.
(B) Technical assistance.--The Administrator shall allocate, for each fiscal year, $500,000 of the amount appropriated pursuant to subsection (d) to be used to establish a court interpreter technical assistance program to assist State courts receiving grants under this subsection.
(2) Use of grants.--Grants awarded under paragraph (1) may be used by State courts to--
(A) assess regional language demands;
(B) develop a court interpreter program for the State courts;
(C) develop, institute, and administer language certification examinations;
(D) recruit, train, and certify qualified court interpreters;
(E) pay for salaries, transportation, and technology necessary to implement the court interpreter program developed under subparagraph (B); and
(F) engage in other related activities, as prescribed by the Attorney General.
(3) Application.--
(A) In general.--The highest State court of each State desiring a grant under this subsection shall submit an application to the Administrator at such time, in such manner, and accompanied by such information as the Administrator may reasonably require.
(B) State courts.--The highest State court of each State submitting an application under subparagraph (A) shall include in the application--
(i) an identification of each State court in that State which would receive funds from the grant;
(ii) the amount of funds each State court identified under clause (i) would receive from the grant; and
(iii) the procedures the highest State court would use to directly distribute grant funds to State courts identified under clause (i).
(4) State court allotments.--
(A) Base allotment.--From amounts appropriated for each fiscal year pursuant to subsection (d), the Administrator shall allocate $100,000 to each of the highest State court of each State, which has an application approved under paragraph
(3).
(B) Discretionary allotment.--From amounts appropriated for each fiscal year pursuant to subsection (d), the Administrator shall allocate a total of $5,000,000 to the highest State court of States that have extraordinary needs that are required to be addressed in order to develop, implement, or expand a State court interpreter program.
(C) Additional allotment.--In addition to the allocations made under subparagraphs (A) and (B), the Administrator shall allocate to each of the highest State court of each State, which has an application approved under paragraph (3), an amount equal to the product reached by multiplying--
(i) the unallocated balance of the amount appropriated for each fiscal year pursuant to subsection (d); and
(ii) the ratio between the number of people over 5 years of age who speak a language other than English at home in the State and the number of people over 5 years of age who speak a language other than English at home in all the States that receive an allocation under subparagraph (A), as those numbers are determined by the Bureau of the Census.
(D) Treatment of district of columbia.--For purposes of this subsection--
(i) the District of Columbia shall be treated as a State; and
(ii) the District of Columbia Court of Appeals shall act as the highest State court for the District of Columbia.
(d) Authorization of Appropriations.--There are authorized to be appropriated $15,000,000 for each of the fiscal years 2008 through 2012 to carry out this section.
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SA 1279. Mr. REID submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the end of title VII, add the following:
SEC. 711. MODEL PORTS-OF-ENTRY.
(a) In General.--The Secretary of Homeland Security shall--
(1) establish a model ports-of-entry program for the purpose of providing a more efficient and welcoming international arrival process in order to facilitate and promote business and tourist travel to the United States, while also improving security; and
(2) implement the program initially at the 20 United States international airports with the highest number of foreign visitors arriving annually, as determined pursuant to the most recent data collected by the United States Customs and Border Protection available on the date of the enactment of this Act.
(b) Program Elements.--The program shall include--
(1) enhanced queue management in the Federal Inspection Services area leading up to primary inspection;
(2) assistance for foreign travelers once they have been admitted to the United States, in consultation, as appropriate, with relevant governmental and nongovernmental entities; and
(3) instructional videos, in English and such other languages as the Secretary determines appropriate, in the Federal Inspection Services area that explain the United States inspection process and feature national, regional, or local welcome videos.
(c) Additional Customs and Border Protection Officers for High Volume Ports.--Subject to the availability of appropriations, before the end of fiscal year 2008 the Secretary of Homeland Security shall employ not less than an additional 200 Customs and Border Protection officers to address staff shortages at the 20 United States international airports with the highest number of foreign visitors arriving annually, as determined pursuant to the most recent data collected by the United States Customs and Border Protection available on the date of the enactment of this Act.
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SA 1280. Mr. LEAHY 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. ___. EB-5 REGIONAL CENTER PROGRAM.
(a) Authorization.--Section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by striking ``for 15 years''.
(b) Fees.--
(1) Premium fees for employment-based petitions and applications.--Section 286(u) (8 U.S.C. 1356(u)) is amended--
(A) by inserting ``except that the fee for petitions filed under section 203(b)(5) (8 U.S.C. 1153(b)(5)) shall be
$2,000. The fee'' after ``$1,000,''; and
(B) by adding at the end the following: ``Fees collected under this subsection shall be available to the Secretary of Homeland Security solely for the purposes of administration and operation of the immigrant investor regional center pilot program established under section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note).''.
(2) Regulations.--The Secretary of Homeland Security shall promulgate regulations to implement the amendments made by this subsection not later than 120 days after the date of enactment of this Act.
(c) Concurrent Processing.--Section 245 (8 U.S.C. 1255) is amended by adding at the end the following:
``(n) Concurrent Processing for Employment Creation Immigrants.--If, at the time of filing a petition filed for classification under section 203(b)(5), approval of the petition would make a visa immediately available to the alien beneficiary, the alien beneficiary's adjustment application under this section shall be considered properly filed, whether submitted concurrently with, or subsequent to, the visa petition.''.
(d) Application Fees.--
(1) In general.--Section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) is amended by adding at the end the following:
``(e) Designation Fee.--In addition to any other fees authorized by law, the Secretary of Homeland Security shall impose a fee to apply for designation as a regional center under this section. The amount of the fee imposed under this subsection shall be $2,500. Fees collected under this subsection shall be deposited in the General Fund of the Treasury, in accordance with section 286(w) of the Immigration and Nationality Act (8 U.S.C. 1356(w)).''.
(2) Establishment of account; use of fees.--Section 286 (8 U.S.C. 1356) is amended by adding at the end the following:
``(w) Immigrant Entrepreneur Regional Center Account.--
``(1) In general.--There is established in the General Fund of the Treasury a separate account, which shall be known as the `Immigrant Entrepreneur Regional Center Account' (in this subsection referred to as the `account'. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account all fees collected under section 610(b) of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note).
``(2) Use of fees.--Fees collected under this section shall be available to the Secretary of Homeland Security solely for the purposes of administration and operation of the immigrant investor program established under section 610 of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note).
``(3) Applicability.--This subsection and the fees required by this subsection shall take effect for regional center applications filed after the date on which regulations have been published in final form to implement this subsection.''.
In section 502(b)(3) (amending section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b)), by striking ``, by striking `7.1 percent' and inserting `2,800', and striking `3,000' and inserting `1,500';'' and insering a semicolon.
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SA 1281. Mrs. McCaskill (for herself and Mr. Dodd) 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:
On page 123, strike line 5 and all that follows through page 124, line 6, and insert the following:
``(1) Employers.--
``(A) In general.--Whenever an employer who does not hold Federal contracts, grants, or cooperative agreements is determined by the Secretary to be a repeat violator of this section or is convicted of a crime under this section, the employer shall be subject to debarment from the receipt of Federal contracts, grants, or cooperative agreements for a period of not less than 5 years in accordance with the procedures and standards prescribed by the Federal Acquisition Regulations. The Secretary or the Attorney General shall advise the Administrator of General Services of any such debarment, and the Administrator of General Services shall list the employer on the List of Parties Excluded from Federal Procurement and Nonprocurement Programs for the period of the debarment.
``(B) Waiver authority.--After consideration of the views of any agency or department that holds a contract, grant, or cooperative agreement with an employer described under subparagraph (A), the Administrator of General Services, in consultation with the Secretary of Homeland Security and the Attorney General, may waive the debarment or may limit the duration or scope of the debarment under subparagraph (A) if such waiver or limitation is necessary to the national defense or in the interest of national security.
``(C) Notification to congress.--If the Administrator of General Services grants a waiver or limitation described under subparagraph (B), the Administrator shall submit notice of such waiver or limitation to each member of the Committee on the Judiciary of the Senate and of the Committee on the Judiciary of the House of Representatives.
``(2) Contractors and recipients.--
``(A) In general.--Whenever an employer who holds Federal contracts, grants, or cooperative agreements is determined by the Secretary to be a repeat violator of this section or is convicted of a crime under this section, the employer shall be subject to debarment from the receipt of Federal contracts, grants, or cooperative agreements for a period of not less than 5 years in accordance with the procedures and standards prescribed by the Federal Acquisition Regulations. Prior to debarring the employer, the Secretary, in cooperation with the Administrator of General Services, shall advise all agencies holding contracts, grants, or cooperative agreements with the employer of the proceedings to debar the employer from the receipt of new Federal contracts, grants, or cooperative agreements for a period of not less than 5 years.
``(B) Waiver authority.--After consideration of the views of any agency or department that holds a contract, grant, or cooperative agreement with an employer described under subparagraph (A), the Administrator of General Services, in consultation with the Secretary of Homeland Security and the Attorney General, may waive the debarment or may limit the duration or scope of the debarment under subparagraph (A) if such waiver or limitation is necessary to the national defense or in the interest of national security.
``(C) Notification to congress.--If the Administrator of General Services grants a waiver or limitation described under subparagraph (B), the Administrator shall submit notice of such waiver or limitation to each member of the Committee on the Judiciary of the Senate and of the Committee on the Judiciary of the House of Representatives.''.
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