Congressional Record publishes “TEXT OF AMENDMENTS” on July 19, 2007

Volume 153, No. 116 covering the 1st Session of the 110th Congress (2007 - 2008) was published by the Congressional Record.

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 Labor was published in the Senate section on pages S9626-S9641 on July 19, 2007.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 2331. Mr. BUNNING submitted an amendment intended to be proposed by him to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; which was ordered to lie on the table; as follows:

At the appropriate place insert the following:

SEC. __. REPEAL OF 1993 INCOME TAX INCREASE ON SOCIAL

SECURITY BENEFITS.

(a) Restoration of Prior Law Formula.--Subsection (a) of section 86 (relating to social security and tier 1 railroad retirement benefits) is amended to read as follows:

``(a) In General.--Gross income for the taxable year of any taxpayer described in subsection (b) (notwithstanding section 207 of the Social Security Act) includes social security benefits in an amount equal to the lesser of--

``(1) one-half of the social security benefits received during the taxable year, or

``(2) one-half of the excess described in subsection

(b)(1).''.

(b) Repeal of Adjusted Base Amount.--Subsection (c) of section 86 is amended to read as follows:

``(c) Base Amount.--For purposes of this section, the term

`base amount' means--

``(1) except as otherwise provided in this subsection,

$25,000,

``(2) $32,000 in the case of a joint return, and

``(3) zero in the case of a taxpayer who--

``(A) is married as of the close of the taxable year

(within the meaning of section 7703) but does not file a joint return for such year, and

``(B) does not live apart from his spouse at all times during the taxable year.''.

(1) Subparagraph (A) of section 871(a)(3) is amended by striking ``85 percent'' and inserting ``50 percent''.

(2)(A) Subparagraph (A) of section 121(e)(1) of the Social Security Amendments of 1983 (Public Law 98-21) is amended--

(i) by striking ``(A) There'' and inserting ``There'';

(ii) by striking ``(i)'' immediately following ``amounts equivalent to''; and

(iii) by striking ``, less (ii)'' and all that follows and inserting a period.

(B) Paragraph (1) of section 121(e) of such Act is amended by striking subparagraph (B).

(C) Paragraph (3) of section 121(e) of such Act is amended by striking subparagraph (B) and by redesignating subparagraph (C) as subparagraph (B).

(D) Paragraph (2) of section 121(e) of such Act is amended in the first sentence by striking ``paragraph (1)(A)'' and inserting ``paragraph (1)''.

(d) Effective Dates.--

(1) In general.--Except as otherwise provided in this subsection, the amendments made by this section shall apply to taxable years beginning after December 31, 2007.

(2) Subsection (c)(1).--The amendment made by subsection

(c)(1) shall apply to benefits paid after December 31, 2007.

(3) Subsection (c)(2).--The amendments made by subsection

(c)(2) shall apply to tax liabilities for taxable years beginning after December 31, 2007.

SEC. __. MAINTENANCE OF TRANSFERS TO HOSPITAL INSURANCE TRUST

FUND.

There are hereby appropriated to the Federal Hospital Insurance Trust Fund established under section 1817 of the Social Security Act (42 U.S.C. 1395i) amounts equal to the reduction in revenues to the Treasury by reason of the enactment of this Act. Amounts appropriated by the preceding sentence shall be transferred from the general fund at such times and in such manner as to replicate to the extent possible the transfers which would have occurred to such Trust Fund had this Act not been enacted.

______

SA 2332. Mr. BUNNING (for himself and Mr. DeMint) submitted an amendment intended to be proposed by him to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; which was ordered to lie on the table; as follows:

At the appropriate place insert the following:

SEC. _. REPEAL OF APPLICABILITY OF SUNSET OF THE ECONOMIC

GROWTH AND TAX RELIEF RECONCILIATION ACT OF

2001 WITH RESPECT TO ADOPTION CREDIT AND

ADOPTION ASSISTANCE PROGRAMS.

Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by adding at the end the following new subsection:

``(c) Exception.--Subsection (a) shall not apply to the amendments made by section 202 (relating to expansion of adoption credit and adoption assistance programs).''.

______

SA 2333. Mr. SESSIONS submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

Strike section 401 of the Higher Education Access Act of 2007.

______

SA 2334. Mr. COLEMAN (for himself, Mr. Inhofe, Mr. DeMint, Mr. Thune, Mr. McConnell, Mr. Cornyn, Mr. Isakson, Mr. Allard, Mr. Craig, Mr. Lugar, Mr. Roberts, Mr. Graham, Mrs. Hutchison, Mr. Cochran, Mr. Hagel, Mr. Gregg, Mr. Ensign, Mr. McCain, Mr. Bennett, Mrs. Dole, Mr. Brownback, Mr. Alexander, Mr. Crapo, Mr. Bunning, Mr. Corker, and Mr. Bond) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the end of the bill, insert the following:

SEC. ____. FAIRNESS DOCTRINE PROHIBITED.

(a) Short Title.--This section may be cited as the

``Broadcaster Freedom Act of 2007''.

(b) Fairness Doctrine Prohibited.--Title III of the Communications Act of 1934 is amended by inserting after section 303 (47 U.S.C. 303) the following new section:

``SEC. 303A. LIMITATION ON GENERAL POWERS: FAIRNESS DOCTRINE.

``Notwithstanding section 303 or any other provision of this Act or any other Act authorizing the Commission to prescribe rules, regulations, policies, doctrines, standards, or other requirements, the Commission shall not have the authority to prescribe any rule, regulation, policy, doctrine, standard, or other requirement that has the purpose or effect of reinstating or repromulgating (in whole or in part) the requirement that broadcasters present opposing viewpoints on controversial issues of public importance, commonly referred to as the `Fairness Doctrine', as repealed in General Fairness Doctrine Obligations of Broadcast Licensees, 50 Fed. Reg. 35418 (1985).''.

______

SA 2335. Mr. BIDEN submitted an amendment intended to be proposed by him to the bill H.R. 1585, to authorize appropriations for fiscal year 2008 for military activities of the Department of Defense, for military construction, and for defense activities of the Department of Energy, to prescribe military personnel strengths for such fiscal year, and for other purposes; which was ordered to lie on the table; as follows:

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

SEC. 1535. IMPROVISED EXPLOSIVE DEVICE AND EXPLOSIVELY FORMED

PENETRATOR PROTECTION FOR MILITARY VEHICLES.

(a) Procurement of Additional Mine Resistant Ambush Protected Vehicles.--

(1) Additional amount for marine corps procurement.--The amount authorized to be appropriated by section 1502(b) for procurement for the Marine Corps is hereby increased by

$23,600,000,000.

(2) Availability for procurement of additional mrap vehicles.--Of the amount authorized to be appropriated by section 1502(b) for procurement for the Marine Corps, as increased by paragraph (1), $23,600,000,000 may be available for the Marine Corps as program manager for the Army for the procurement of 15,200 Mine Resistant Ambush Protected (MRAP) Vehicles for the Army.

(b) Additional Costs of Current Procurement of Mine Resistant Ambush Protected Vehicles.--

(1) Additional amount for marine corps procurement.--The amount authorized to be appropriated by section 1502(b) for procurement for the Marine Corps is hereby increased by

$1,000,000,000.

(2) Availability for additional costs of current procurement of mrap vehicles.--Of the amount authorized to be appropriated by section 1502(b) for procurement for the Marine Corps, as increased by paragraph (1), $1,000,000,000 may be available for the Marine Corps as program manager for the on-going procurement of 7,774 Mine Resistant Ambush Protected Vehicles for the Armed Forces.

(1) Additional amount for other procurement, army.--The amount authorized to be appropriated by section 1501(5) for other procurement for the Army is hereby increased by

$200,000,000.

(2) Availability for highly survivable urban vehicles.--Of the amount authorized to be appropriated by section 1501(5) for other procurement for the Army, as increased by paragraph

(1), $200,000,000 may be available for the Army Rapid Equipping Forces for the Ballistic Protection Experiment

(BPE) program for Highly Survivable Urban Vehicles.

(d) Additional Vehicle-Based Explosively Formed Penetrator Protection.--

(1) Additional amount for joint improvised explosive device defeat fund.--The amount authorized to be appropriated by section 1510 for the Joint Improvised Explosive Device Defeat Fund is hereby increased by $200,000,000.

(2) Availability for additional vehicle-based explosively formed penetrator protection.--Of the amount authorized to be appropriated by section 1510 for the Joint Improvised Explosive Device Defeat Fund, as increased by paragraph (1),

$200,000,000 may be available for other initiatives to field vehicle-based explosively formed penetrator protection.

(e) Report.--Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report setting forth such recommendations for legislative or administrative action as the Secretary considers appropriate to accelerate the procurement and deployment of improvised explosive device vehicle protection and explosively former penetrator vehicle protection.

______

SA 2336. Mr. BROWN submitted an amendment intended to be proposed by him to the bill S. 1642, to extend the authorization of programs under the Higher Education Act of 1965, and for other purposes; which was ordered to lie on the table; as follows:

At the end of title IV of the bill, add the following:

PART H--FEDERAL SUPPLEMENTAL LOAN PROGRAM

SEC. 499. FEDERAL SUPPLEMENTAL LOAN PROGRAM.

Title IV (20 U.S.C. 1070 et seq.) is further amended by adding at the end the following:

``SEC. 499B. FEDERAL SUPPLEMENTAL LOAN PROGRAM.

``(a) Program Authorized.--The Secretary shall carry out a Federal Supplemental Loan Program in accordance with this section.

``(b) Eligible Individuals.--An individual shall be eligible to receive a loan under this section if such individual attends an institution of higher education on a full-time basis as an undergraduate or graduate student.

``(c) Fixed Interest Rate Loans and Variable Interest Rate Loans.--

``(1) In general.--Beginning with academic year 2008-2009, the Secretary shall make fixed interest rate loans and variable interest rate loans to eligible individuals under this section to enable such individuals to pursue their courses of study at institutions of higher education on a full-time basis.

``(2) Fixed interest rate loans.--With respect to a fixed interest rate loan made under this section, the applicable rate of interest on the principal balance of the loan shall be set by the Secretary at the lowest rate for the borrower that will result in no net cost to the Federal Government over the life of the loan.

``(3) Variable interest rate loans.--With respect to a variable interest rate loan made under this section, the applicable rate of interest shall, during any 12-month period beginning on July 1 and ending on June 30, be determined on the preceding June 1 and be equal to--

``(A) the bond equivalent rate of 91-day Treasury bills auctioned at the final auction held prior to such June 1; plus

``(B) a margin determined on an annual basis by the Secretary to result in the lowest rate for the borrower that will result in no net cost to the Federal Government over the life of the loan.

``(d) Maximum Loan Amount.--

``(1) In general.--The Secretary shall make a loan under this section in any amount up to the maximum amount described in paragraph (2).

``(2) Maximum amount.--For an eligible individual, the maximum amount shall be calculated by subtracting from the estimated cost of attendance for such individual to attend the institution of higher education, any amount of financial aid awarded to the eligible individual and any loan amount for which the individual is eligible, but does not receive such amount, pursuant to the subsidized loan program established under section 428 and the unsubsidized loan program established under section 428H.

``(e) Cosigners.--The Secretary shall offer to eligible individuals both fixed interest rate loans and variable interest rate loans under this section with the option of having a cosigner or not having a cosigner.

``(f) Repayment.--The Secretary shall offer a borrower of a loan made under this section the same repayment plans the Secretary offers under section 455(d) for Federal Direct Loans.

``(g) Consolidation.--A borrower of a loan made under this section may consolidate such loan with Federal Direct Loans made under part D.

``(h) Disclosures and Cooling Off Period.--

``(1) Disclosures.--The Secretary shall provide disclosures to each borrower of a loan made under this section that are not less than as protective as the disclosures required under the Truth in Lending Act (15 U.S.C. 1601 et seq.), including providing a description of the terms, fees, and annual percentage rate with respect to the loan before signing the promissory note.

``(2) Cooling off period.--With respect to loans made under this section, the Secretary shall provide a cooling off period for the borrower of not less than 10 business days during which an individual may rescind consent to borrow funds pursuant to this section.

``(i) Discretion to Alter.--The Secretary may design or alter the loan program under this section with features similar to those offered by private lenders as part of loans financing postsecondary education.''.

______

SA 2337. Mr. NELSON of Nebraska (for himself and Mr. Burr) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

Beginning on page 5, strike line 13 and all that follows through page 27, line 18, and insert the following:

``(A) $1,670,000,000 for fiscal year 2008;

``(B) $2,060,000,000 for fiscal year 2009;

``(C) $2,460,000,000 for fiscal year 2010;

``(D) $2,880,000,000 for fiscal year 2011;

``(E) $2,970,000,000 for fiscal year 2012;

``(F) $360,000,000 for fiscal year 2013;

``(G) $3,080,000,000 for fiscal year 2014;

``(H) $3,140,000,000 for fiscal year 2015;

``(I) $3,190,000,000 for fiscal year 2016; and

``(J) $3,270,000,000 for fiscal year 2017.

``(2) Availability of funds.--Funds appropriated under paragraph (1) for a fiscal year shall remain available through the last day of the fiscal year immediately succeeding the fiscal year for which the funds are appropriated.''.

(b) Effective Date.--The amendment made by subsection (a) shall take effect on July 1, 2008.

TITLE II--STUDENT LOAN BENEFITS, TERMS, AND CONDITIONS

SEC. 201. DEFERMENTS.

(a) FISL.--Section 427(a)(2)(C)(iii) (20 U.S.C. 1077(a)(2)(C)(iii)) is amended by striking ``3 years'' and inserting ``6 years''.

(b) Interest Subsidies.--Section 428(b)(1)(M)(iv) (20 U.S.C. 1078(b)(1)(M)(iv)) is amended by striking ``3 years'' and inserting ``6 years''.

(c) Direct Loans.--Section 455(f)(2)(D) (20 U.S.C. 1087e(f)(2)(D)) is amended by striking ``3 years'' and inserting ``6 years''.

(d) Perkins.--Section 464(c)(2)(A)(iv) (20 U.S.C. 1087dd(c)(2)(A)(iv)) is amended by striking ``3 years'' and inserting ``6 years''.

(e) Effective Date and Applicability.--The amendments made by this section shall take effect on July 1, 2008, and shall only apply with respect to the loans made to a borrower of a loan under title IV of the Higher Education Act of 1965 who obtained the borrower's first loan under such title prior to October 1, 2012.

SEC. 202. STUDENT LOAN DEFERMENT FOR CERTAIN MEMBERS OF THE

ARMED FORCES.

(a) Federal Family Education Loans.--Section 428(b)(1)(M)(iii) (20 U.S.C. 1078(b)(1)(M)(iii)) is amended--

(1) in the matter preceding subclause (I), by striking

``not in excess of 3 years'';

(2) in subclause (II), by striking ``; or'' and inserting a comma; and

(3) by adding at the end the following:

``and for the 180-day period following the demobilization date for the service described in subclause (I) or (II); or''.

(b) Direct Loans.--Section 455(f)(2)(C) (20 U.S.C. 1087e(f)(2)(C)) is amended--

(1) in the matter preceding clause (i), by striking ``not in excess of 3 years'';

(2) in clause (ii), by striking ``; or'' and inserting a comma; and

(3) by adding at the end the following:

``and for the 180-day period following the demobilization date for the service described in clause (i) or (ii); or''.

(1) in the matter preceding subclause (I), by striking

``not in excess of 3 years'';

(2) in subclause (II), by striking the semicolon and inserting a comma; and

(3) by adding at the end the following:

``and for the 180-day period following the demobilization date for the service described in subclause (I) or (II);''.

(d) Applicability.--Section 8007(f) of the Higher Education Reconciliation Act of 2005 (20 U.S.C. 1078 note) is amended by striking ``loans for which'' and all that follows through the period at the end and inserting ``all loans under title IV of the Higher Education Act of 1965.''.

(e) Effective Date.--The amendments made by this section shall take effect on July 1, 2008.

SEC. 203. INCOME-BASED REPAYMENT PLANS.

(a) FFEL.--Section 428 (as amended by sections 201(b) and 202(a)) (20 U.S.C. 1078) is further amended--

(1) in subsection (b)--

(A) in paragraph (1)--

(i) in subparagraph (D), by striking ``income contingent'' and inserting ``income-based''; and

(ii) in subparagraph (E)(i), by striking ``income-sensitive'' and inserting ``income-based''; and

(B) by striking clause (iii) of paragraph (9)(A) and inserting the following:

``(iii) an income-based repayment plan, with parallel terms, conditions, and benefits as the income-based repayment plan described in subsections (e) and (d)(1)(D) of section 455, except that--

``(I) the plan described in this clause shall not be available to a borrower of an excepted PLUS loan (as defined in section 455(e)(10)) or of a loan made under 428C that includes an excepted PLUS loan;

``(II) in lieu of the process of obtaining Federal income tax returns and information from the Internal Revenue Service, as described in section 455(e)(1), the borrower shall provide the lender with a copy of the Federal income tax return and return information for the borrower (and, if applicable, the borrower's spouse) for the purposes described in section 455(e)(1), and the lender shall determine the repayment obligation on the loan, in accordance with the procedures developed by the Secretary;

``(III) in lieu of the requirements of section 455(e)(3), in the case of a borrower who chooses to repay a loan made, insured, or guaranteed under this part pursuant to income-based repayment and for whom the adjusted gross income is unavailable or does not reasonably reflect the borrower's current income, the borrower shall provide the lender with other documentation of income that the Secretary has determined is satisfactory for similar borrowers of loans made under part D;

``(IV) the Secretary shall pay any interest due and not paid for under the repayment schedule described in section 455(e)(4) for a loan made, insured, or guaranteed under this part in the same manner as the Secretary pays any such interest under section 455(e)(6) for a Federal Direct Stafford Loan;

``(V) the Secretary shall assume the obligation to repay an outstanding balance of principal and interest due on all loans made, insured, or guaranteed under this part (other than an excepted PLUS Loan or a loan under section 428C that includes an excepted PLUS loan), for a borrower who satisfies the requirements of subparagraphs (A) and (B) of section 455(e)(7), in the same manner as the Secretary cancels such outstanding balance under section 455(e)(7); and

``(VI) in lieu of the notification requirements under section 455(e)(8), the lender shall notify a borrower of a loan made, insured, or guaranteed under this part who chooses to repay such loan pursuant to income-based repayment of the terms and conditions of such plan, in accordance with the procedures established by the Secretary, including notification that--

``(aa) the borrower shall be responsible for providing the lender with the information necessary for documentation of the borrower's income, including income information for the borrower's spouse (as applicable); and

``(bb) if the borrower considers that special circumstances warrant an adjustment, as described in section 455(e)(8)(B), the borrower may contact the lender, and the lender shall determine whether such adjustment is appropriate, in accordance with the criteria established by the Secretary; and'';

(2) in subsection (e)--

(A) in the subsection heading, by striking ``Income-Sensitive'' and inserting ``Income-Based'';

(B) in paragraph (1)--

(i) by striking ``income-sensitive repayment'' and inserting ``income-based repayment''; and

(ii) by inserting ``and for the public service loan forgiveness program under section 455(m), in accordance with section 428C(b)(5)'' before the semicolon; and

``income-based''; and

(3) in subsection (m)--

(A) in the subsection heading, by striking ``Income Contingent'' and inserting ``Income-Based'';

(B) in paragraph (1), by striking ``income contingent repayment plan'' and all that follows through the period at the end and inserting ``income-based repayment plan as described in subsection (b)(9)(A)(iii) and section 455(d)(1)(D).''; and

``income contingent'' and inserting ``income-based''.

(b) Consolidation Loans.--Section 428C (20 U.S.C. 1078-3) is amended--

(1) in subsection (a)(3)(B)(i)(V), by striking ``for the purposes of obtaining an income contingent repayment plan,'' and inserting ``for the purpose of using the public service loan forgiveness program under section 455(m),'';

(2) in subsection (b)(5)--

(A) in the first sentence, by striking ``, or is unable to obtain a consolidation loan with income-sensitive repayment terms acceptable to the borrower from such a lender,'' and inserting ``, or chooses to obtain a consolidation loan for the purposes of using the public service loan forgiveness program offered under section 455(m),''; and

(B) in the second sentence, by striking ``income contingent repayment under part D of this title'' and inserting

``income-based repayment''; and

(3) in subsection (c)--

(A) in paragraph (2)(A)--

(i) in the first sentence, by striking ``of graduated or income-sensitive repayment schedules, established by the lender in accordance with the regulations of the Secretary.'' and inserting ``of graduated repayment schedules, established by the lender in accordance with the regulations of the Secretary, and income-based repayment schedules, established pursuant to regulations by the Secretary.''; and

(ii) in the second sentence, by striking ``Except as required'' and all that follows through ``subsection

(b)(5),'' and inserting ``Except as required by such income-based repayment schedules,''; and

(B) in paragraph (3)(B), by striking ``income contingent repayment offered by the Secretary under subsection (b)(5)'' and inserting ``income-based repayment''.

(1) in subsection (d)--

(A) in paragraph (1)(D)--

(i) by striking ``income contingent repayment plan'' and inserting ``income-based repayment plan''; and

(ii) by striking ``a Federal Direct PLUS loan'' and inserting ``an excepted PLUS loan or any Federal Direct Consolidation Loan that includes an excepted PLUS loan (as defined in subsection (e)(10))''; and

(B) in paragraph (5)(B), by striking ``income contingent'' and inserting ``income-based''; and

(2) in subsection (e)--

(A) in the subsection heading, by striking ``Income Contingent'' and inserting ``Income-Based'';

(B) in paragraphs (1), (2), and (3), by striking ``income contingent'' each place the term appears and inserting

``income-based'';

(i) by striking ``Income contingent'' and inserting

``Income-based''; and

(ii) by striking ``Secretary.'' and inserting ``Secretary, except that the monthly required payment under such schedule shall not exceed 15 percent of the result obtained by calculating the amount by which--

``(A) the borrower's adjusted gross income; exceeds

``(B) 150 percent of the poverty line applicable to the borrower's family size, as determined under section 673(2) of the Community Service Block Grant Act,divided by 12.'';

(D) in paragraph (5), by striking ``income contingent'' and inserting ``income-based'';

(E) by redesignating paragraph (6) as paragraph (8);

(F) by inserting after paragraph (5) the following:

``(6) Treatment of interest.--In the case of a Federal Direct Stafford Loan, any interest due and not paid for under paragraph (2) shall be paid by the Secretary.

``(7) Loan forgiveness.--The Secretary shall cancel the obligation to repay an outstanding balance of principal and interest due on all loans made under this part, or assume the obligation to repay an outstanding balance of principal and interest due on all loans made, insured, or guaranteed under part B, (other than an excepted PLUS Loan, or any Federal Direct Consolidation Loan or loan under section 428C that includes an excepted PLUS loan) to a borrower who--

``(A) makes the election under this subsection or under section 428(b)(9)(A)(iii); and

``(B) for a period of time prescribed by the Secretary not to exceed 25 years (including any period during which the borrower is in deferment due to an economic hardship described in section 435(o)), meets 1 of the following requirements with respect to each payment made during such period:

``(i) Has made the payment under this subsection or section 428(b)(9)(A)(iii).

``(ii) Has made the payment under a standard repayment plan under section 428(b)(9)(A)(i) or 455(d)(1)(A).

``(iii) Has made a payment that counted toward the maximum repayment period under income-sensitive repayment under section 428(b)(9)(A)(iii) or income contingent repayment under section 455(d)(1)(D), as each such section was in effect on June 30, 2008.

``(iv) Has made a reduced payment of not less than the amount required under subsection (e), pursuant to a forbearance agreement under section 428(c)(3)(A)(i) for a borrower described in 428(c)(3)(A)(i)(II).'';

(G) in the matter preceding subparagraph (A) of paragraph

(8) (as redesignated by subparagraph (E)), by striking

``income contingent'' and inserting ``income-based''; and

(H) by adding at the end the following:

``(9) Return to standard repayment.--A borrower who is repaying a loan made under this part pursuant to income-based repayment may choose, at any time, to terminate repayment pursuant to income-based repayment and repay such loan under the standard repayment plan.

``(10) Definition of excepted plus loan.--In this subsection, the term `excepted PLUS loan' means a Federal Direct PLUS loan or a loan under section 428B that is made, insured, or guaranteed on behalf of a dependent student.''.

(d) Conforming Amendments and Technical Corrections.--The Act (20 U.S.C. 1001 et seq.) is further amended--

(1) in section 427(a)(2)(H) (20 U.S.C. 1077(a)(2)(H))--

(A) by striking ``or income-sensitive''; and

(B) by inserting ``or income-based repayment schedule established pursuant to regulations by the Secretary'' before the semicolon at the end; and

(2) in section 455(d)(1)(C) (20 U.S.C. 1087e(d)(1)(C)), by striking ``428(b)(9)(A)(v)'' and inserting

``428(b)(9)(A)(iv)''.

(e) Transition Provision.--A student who, as of June 30, 2008, elects to repay a loan under part B or part D of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq., 1087a et seq.) through an income-sensitive repayment plan under section 428(b)(9)(A)(iii) of such Act (20 U.S.C. 1078(b)(9)(A)(iii)) or an income contingent repayment plan under section 455(d)(1)(D) of such Act (20 U.S.C. 1087e(d)(1)(D)) (as each such section was in effect on the day before the date of enactment of this Act) shall have the option to continue repayment under such section (as such section was in effect on such day), or may elect, beginning on July 1, 2008, to use the income-based repayment plan under section 428(b)(9)(A)(iii) or 455(d)(1)(D) (as applicable) of the Higher Education Act of 1965, as amended by this section.

(f) Effective Date and Applicability.--The amendments made by this section shall take effect on July 1, 2008, and shall only apply with respect to a borrower of a loan under title IV of the Higher Education Act of 1965 who obtained the borrower's first loan under such title prior to October 1, 2012.

TITLE III--FEDERAL FAMILY EDUCATION LOAN PROGRAM

SEC. 301. REDUCTION OF LENDER INSURANCE PERCENTAGE.

(a) Amendment.--Section 428(b)(1)(G) (20 U.S.C. 1078(b)(1)(G)) is amended--

(1) in the matter preceding clause (i), by striking

``insures 98 percent'' and inserting ``insures 97 percent'';

(2) in clause (i), by inserting ``and'' after the semicolon;

(3) by striking clause (ii); and

(4) by redesignating clause (iii) as clause (ii).

(b) Effective Date.--The amendment made by subsection (a) shall take effect with respect to loans made on or after October 1, 2007.

SEC. 302. GUARANTY AGENCY COLLECTION RETENTION.

Clause (ii) of section 428(c)(6)(A) (20 U.S.C. 1078(c)(6)(A)(ii)) is amended to read as follows:

``(ii) an amount equal to 24 percent of such payments for use in accordance with section 422B, except that--

``(I) beginning October 1, 2003 and ending September 30, 2007, this subparagraph shall be applied by substituting `23 percent' for `24 percent'; and

``(II) beginning October 1, 2007, this subparagraph shall be applied by substituting `16 percent' for `24 percent'.''.

SEC. 303. ELIMINATION OF EXCEPTIONAL PERFORMER STATUS FOR

LENDERS.

(a) Elimination of Status.--Part B of title IV (20 U.S.C. 1071 et seq.) is amended by striking section 428I (20 U.S.C. 1078-9).

(b) Conforming Amendments.--Part B of title IV is further amended--

(1) in section 428(c)(1) (20 U.S.C. 1078(c)(1))--

(A) by striking subparagraph (D); and

(B) by redesignating subparagraphs (E) through (H) as subparagraphs (D) through (G), respectively; and

(2) in section 438(b)(5) (20 U.S.C. 1087-1(b)(5)), by striking the matter following subparagraph (B).

(c) Effective Date.--The amendments made by subsections (a) and (b) shall take effect on October 1, 2007, except that section 428I of the Higher Education Act of 1965 (as in effect on the day before the date of enactment of this Act) shall apply to eligible lenders that received a designation under subsection (a) of such section prior to October 1, 2007, for the remainder of the year for which the designation was made.

SEC. 304. DEFINITIONS.

(a) Amendments.--Section 435(o)(1) (20 U.S.C. 1085(o)(1)) is amended--

(1) in subparagraph (A)(ii), by striking ``100 percent of the poverty line for a family of 2'' and inserting ``150 percent of the poverty line applicable to the borrower's family size''; and

(2) in subparagraph (B)(ii), by striking ``to a family of two'' and inserting ``to the borrower's family size''.

(b) Applicability.--The amendment made by subsection (a) shall only apply with respect to any borrower of a loan under title IV of the Higher Education Act of 1965 who obtained the borrower's first loan under such title prior to October 1, 2012.

SEC. 305. SPECIAL ALLOWANCES.

(a) Reduction of Lender Special Allowance Payments.--Section 438(b)(2)(I) (20 U.S.C. 1087-1(b)(2)(I)) is amended--

(1) in clause (i), by striking ``(iii), and (iv)'' and inserting ``(iii), (iv), and (vi)''; and

(2) by adding at the end the following:

``(vi) Reduction for loans disbursed on or after october 1, 2007.--With respect to a loan on which the applicable interest rate is determined under section 427A(l) and for which the first disbursement of principal is made on or after October 1, 2007, the special allowance payment computed pursuant to this subparagraph shall be computed--

``(I) by substituting `1.39 percent' for `1.74 percent' in clause (ii);

``(II) by substituting `1.99 percent' for `2.34 percent' each place it appears in this subparagraph;

``(III) by substituting `1.99 percent' for `2.64 percent' in clause (iii); and

``(IV) by substituting `2.29 percent' for `2.64 percent' in clause (iv).''.

______

SA 2338. Mr. COLEMAN (for himself and Ms. Landrieu) proposed an amendment to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

In section 480(d)(1)(B) of the Higher Education Act of 1965

(as amended by section 604(2) of the Higher Education Access Act of 2007), insert ``when the individual was 13 years of age or older'' after ``or was in foster care''.

______

SA 2339. Mr. CORNYN (for himself and Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr. Coleman, and Mr. Voinovich) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. __. EMPLOYMENT-BASED VISAS.

(a) Recapture of Unused Employment-Based Immigrant Visas.--Section 106(d) of the American Competitiveness in the Twenty-first Century Act of 2000 (Public Law 106-313; 8 U.S.C. 1153 note) is amended--

(1) in paragraph (1)--

(A) by inserting ``1994, 1996, 1997, 1998,'' after

``available in fiscal year'';

(B) by striking ``or 2004'' and inserting ``2004, or 2006''; and

``(A) employment-based immigrants under paragraphs (1),

(2), and (3) of section 203(b) of the Immigration and Nationality Act (8 U.S.C. 1153(b));

``(B) the family members accompanying or following to join such employment-based immigrants under section 203(d) of such Act; and

``(C) those immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor.''; and

(2) in paragraph (2)--

(A) in subparagraph (A), by striking ``1999 through 2004'' and inserting ``1994, 1996 through 1998, 2001 through 2004, and 2006''; and

(B) in subparagraph (B), by amending clause (ii) to read as follows:

``(ii) Distribution of visas.--The total number of visas made available under paragraph (1) from unused visas from fiscal years 1994, 1996 through 1998, 2001 through 2004, and 2006 shall be distributed as follows:

``(I) The total number of visas made available for immigrant workers who had petitions approved based on Schedule A, Group I under section 656.5 of title 20, Code of Federal Regulations, as promulgated by the Secretary of Labor shall be 61,000.

``(II) The visas remaining from the total made available under subclause (I) shall be allocated equally among employment-based immigrants with approved petitions under paragraph (1), (2), or (3) of section 203(b) of the Immigration and Nationality Act (and their family members accompanying or following to join).''.

(b) H-1B Visa Availability.--Section 214(g)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)(A)) is amended--

(1) in clause (vi), by striking ``and'' at the end;

(2) by redesignating clause (vii) as clause (ix); and

(3) by inserting after clause (vi) the following:

``(vii) 65,000 in each of fiscal years 2004 through 2007;

``(viii) 115,000 in fiscal year 2008; and''.

______

SA 2340. Ms. COLLINS (for herself, Mr. Kyl, Mr. Lieberman, and Mr. Warner) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following: SEC. __. IMMUNITY FOR REPORTS OF SUSPICIOUS BEHAVIOR AND

RESPONSE.

(a) Immunity for Reports of Suspicious Behavior.--

(1) In general.--Any person who, in good faith and based on objectively reasonable suspicion, makes, or causes to be made, a voluntary report of covered activity to an authorized official shall be immune from civil liability under Federal, State, and local law for such report.

(2) False reports.--Paragraph (1) shall not apply to any report that the person knew to be false at the time that person made that report.

(b) Immunity for Response.--

(1) In general.--Any authorized official who observes, or receives a report of, covered activity and takes reasonable action to respond to such activity shall be immune from civil liability under Federal, State, and local law for such action.

(2) Savings clause.--Nothing in this subsection shall affect the ability of any authorized official to assert any defense, privilege, or immunity that would otherwise be available, and this subsection shall not be construed as affecting any such defense, privilege, or immunity.

(c) Attorney Fees and Costs.--Any person or authorized official found to be immune from civil liability under this section shall be entitled to recover from the plaintiff all reasonable costs and attorney fees.

(d) Definitions.--In this section:

(1) Authorized official.--The term ``authorized official'' means--

(A) any employee or agent of a mass transportation system;

(B) any officer, employee, or agent of the Department of Homeland Security, the Department of Transportation, or the Department of Justice;

(D) any transportation security officer.

(2) Covered activity.--The term ``covered activity'' means any suspicious transaction, activity, or occurrence indicating that an individual may be engaging, or preparing to engage, in--

(A) a violent act or act dangerous to human life that is a violation of the criminal laws of the United States or of any State, or that would be such a violation if committed within the jurisdiction of the United States or any State; or

(B) an act of terrorism (as that term is defined in section 3077 of title 18, United States Code) that involves, or is directed against, a mass transportation system or vehicle or its passengers.

(3) Mass transportation.--The term ``mass transportation''--

(A) has the meaning given to that term in section 5302(a)(7) of title 49, United States Code; and

(B) includes--

(i) school bus, charter, or intercity bus transportation;

(ii) intercity passenger rail transportation;

(iii) sightseeing transportation;

(iv) a passenger vessel as that term is defined in section 2101(22) of title 46, United States Code;

(v) other regularly scheduled waterborne transportation service of passengers by vessel of at least 20 gross tons; and

(vi) air transportation as that term is defined in section 40102 of title 49, United States Code.

(4) Mass transportation system.--The term ``mass transportation system'' means an entity or entities organized to provide mass transportation using vehicles, including the infrastructure used to provide such transportation.

(5) Vehicle.--The term ``vehicle'' has the meaning given to that term in section 1992(16) of title 18, United States Code.

(e) Effective Date.--This section shall take effect on November 20, 2006, and shall apply to all activities and claims occurring on or after such date.

______

SA 2341. Mr. SUNUNU submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. ___. PERMANENT EXTENSION OF CERTAIN EDUCATION-RELATED

TAX INCENTIVES.

Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (relating to sunset of provisions of such Act) shall not apply to title IV of such Act

(relating to affordable education provisions).

______

SA 2342. Mr. SESSIONS submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. _. ADJUSTMENTS TO INDIVIDUAL ALTERNATIVE MINIMUM TAX.

(a) Allowance of Deduction for Personal Exemptions Against Individual Alternative Minimum Tax.--

(1) In general.--Section 56(b)(1)(E) of the Internal Revenue Code of 1986 (relating to standard deduction and deduction for personal exemptions) is amended by striking ``, the deduction for personal exemptions under section 151, and the deduction under section 642(b)''.

(2) Clerical amendment.--The heading for section 56(b)(1)(E) is amended by striking ``and deduction for personal exemptions''.

(3) Effective date.--The amendments made by this subsection shall apply to taxable years beginning after December 31, 2006.

(b) Adjustment for Inflation of Individual Alternative Minimum Tax Exemption Amount.--Section 55(d) of the Internal Revenue Code of 1986 (relating to exemption amount) is amended by adding at the end the following new paragraph:

``(4) Adjustments for inflation.--In the case of a taxable year beginning after December 31, 2007, each of the dollar amounts in paragraphs (1) and (3) shall be increased by an amount equal to--

``(A) such dollar amount, multiplied by

``(B) the cost-of-living adjustment determined under section (1)(f)(3) for the calendar year in which the taxable year begins, determined by substituting `calendar year 2006' for `calendar year 1992' in subparagraph (B) thereof.If any amount as adjusted under the preceding sentence is not a multiple of $10, such amount shall be rounded to the nearest multiple of $10.''.

______

SA 2343. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; which was ordered to lie on the table; as follows:

In the appropriate place insert the following:

Sec. __. Federal Affirmation of Immigration Law Enforcement by States and Political Subdivisions of States.--

(1) Authority.--Law enforcement personnel of a State, or a political subdivision of a State, have the inherent authority of a sovereign entity to investigate, apprehend, arrest, detain, or transfer to Federal custody (including the transportation across State lines to detention centers) an alien for the purpose of assisting in the enforcement of the immigration laws of the United States including laws related to Visa overstay in the normal course of carrying out the law enforcement duties of such personnel. This State authority has never been displaced or preempted by Federal law.

(2) Construction.--Nothing in this subsection may be construed to require law enforcement personnel of a State or a political subdivision to assist in the enforcement of the immigration laws of the United States.

Sec. __. Listing of Immigration Violators in the National Crime Information Center Database.--

(1) Provision of information to the national crime information center.--

(A) In general.--Except as provided under subparagraph (C), not later than 180 days after the date of the enactment of this Act, the Secretary shall provide to the head of the National Crime Information Center of the Department of Justice the information that the Secretary has or maintains related to any alien--

(i) against whom a final order of removal has been issued;

(ii) who enters into a voluntary departure agreement, or is granted voluntary departure by an immigration judge, whose period for departure has expired under subsection (a)(3) of section 240B of the Immigration and Nationality Act (8 U.S.C. 1229c), subsection (b)(2) of such section 240B, or who has violated a condition of a voluntary departure agreement under such section 240B;

(iii) whom a Federal immigration officer has confirmed to be unlawfully present in the United States; and

(iv) whose visa has been revoked.

(B) Removal of information.--The head of the National Crime Information Center shall promptly remove any information provided by the Secretary under subparagraph (A) related to an alien who is lawfully admitted to enter or remain in the United States.

(i) In general.--The Secretary, in consultation with the head of the National Crime Information Center, shall develop and implement a procedure by which an alien may petition the Secretary or head of the National Crime Information Center, as appropriate, to remove any erroneous information provided by the Secretary under subparagraph (A) related to such alien.

(ii) Effect of failure to receive notice.--Under procedures developed under clause (i), failure by the alien to receive notice of a violation of the immigration laws shall not constitute cause for removing information provided by the Secretary under subparagraph (A) related to such alien, unless such information is erroneous.

(iii) Interim provision of information.--Notwithstanding the 180-day period set forth in subparagraph (A), the Secretary may not provide the information required under subparagraph (A) until the procedures required under this paragraph have been developed and implemented.

(2) Inclusion of information in the national crime information center database.--Section 534(a) of title 28, United States Code, is amended--

(A) in paragraph (3), by striking ``and'' at the end;

(B) by redesignating paragraph (4) as paragraph (5); and

``(4) acquire, collect, classify, and preserve records of violations of the immigration laws of the United States; and''.

(d)

______

SA 2344. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the end, add the following:

TITLE IX--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS

SEC. 901. SHORT TITLE.

This title may be cited as the ``John R. Justice Prosecutors and Defenders Incentive Act of 2007''.

SEC. 902. LOAN REPAYMENT FOR PROSECUTORS AND DEFENDERS.

Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting after part II (42 U.S.C. 3797cc et seq.) the following:

``PART JJ--LOAN REPAYMENT FOR PROSECUTORS AND PUBLIC DEFENDERS

``SEC. 3001. GRANT AUTHORIZATION.

``(a) Purpose.--The purpose of this section is to encourage qualified individuals to enter and continue employment as prosecutors and public defenders.

``(b) Definitions.--In this section:

``(1) Prosecutor.--The term `prosecutor' means a full-time employee of a State or local agency who--

``(A) is continually licensed to practice law; and

``(B) prosecutes criminal or juvenile delinquency cases at the State or local level (including supervision, education, or training of other persons prosecuting such cases).

``(2) Public defender.--The term `public defender' means an attorney who--

``(A) is continually licensed to practice law; and

``(B) is--

``(i) a full-time employee of a State or local agency who provides legal representation to indigent persons in criminal or juvenile delinquency cases (including supervision, education, or training of other persons providing such representation);

``(ii) a full-time employee of a nonprofit organization operating under a contract with a State or unit of local government, who devotes substantially all of his or her full-time employment to providing legal representation to indigent persons in criminal or juvenile delinquency cases, (including supervision, education, or training of other persons providing such representation); or

``(iii) employed as a full-time Federal defender attorney in a defender organization established pursuant to subsection

(g) of section 3006A of title 18, United States Code, that provides legal representation to indigent persons in criminal or juvenile delinquency cases.

``(3) Student loan.--The term `student loan' means--

``(A) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 (20 U.S.C. 1071 et seq.);

``(B) a loan made under part D or E of title IV of the Higher Education Act of 1965 (20 U.S.C. 1087a et seq. and 1087aa et seq.); and

``(C) a loan made under section 428C or 455(g) of the Higher Education Act of 1965 (20 U.S.C. 1078-3 and 1087e(g)) to the extent that such loan was used to repay a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a loan made under section 428 or 428H of such Act.

``(c) Program Authorized.--The Attorney General shall establish a program by which the Department of Justice shall assume the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who--

``(1) is employed as a prosecutor or public defender; and

``(2) is not in default on a loan for which the borrower seeks forgiveness.

``(d) Terms of Agreement.--

``(1) In general.--To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement that specifies that--

``(A) the borrower will remain employed as a prosecutor or public defender for a required period of service of not less than 3 years, unless involuntarily separated from that employment;

``(B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Attorney General the amount of any benefits received by such employee under this section;

``(C) if the borrower is required to repay an amount to the Attorney General under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee (or such employee's estate, if applicable) by such methods as are provided by law for the recovery of amounts owed to the Federal Government;

``(D) the Attorney General may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest; and

``(E) the Attorney General shall make student loan payments under this section for the period of the agreement, subject to the availability of appropriations.

``(2) Repayments.--

``(A) In general.--Any amount repaid by, or recovered from, an individual or the estate of an individual under this subsection shall be credited to the appropriation account from which the amount involved was originally paid.

``(B) Merger.--Any amount credited under subparagraph (A) shall be merged with other sums in such account and shall be available for the same purposes and period, and subject to the same limitations, if any, as the sums with which the amount was merged.

``(3) Limitations.--

``(A) Student loan payment amount.--Student loan repayments made by the Attorney General under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Attorney General in an agreement under paragraph (1), except that the amount paid by the Attorney General under this section shall not exceed--

``(i) $10,000 for any borrower in any calendar year; or

``(ii) an aggregate total of $60,000 in the case of any borrower.

``(B) Beginning of payments.--Nothing in this section shall authorize the Attorney General to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Attorney General entered into an agreement with the borrower under this subsection.

``(e) Additional Agreements.--

``(1) In general.--On completion of the required period of service under an agreement under subsection (d), the borrower and the Attorney General may, subject to paragraph (2), enter into an additional agreement in accordance with subsection

(d).

``(2) Term.--An agreement entered into under paragraph (1) may require the borrower to remain employed as a prosecutor or public defender for less than 3 years.

``(f) Award Basis; Priority.--

``(1) Award basis.--Subject to paragraph (2), the Attorney General shall provide repayment benefits under this section--

``(A) giving priority to borrowers who have the least ability to repay their loans, except that the Attorney General shall determine a fair allocation of repayment benefits among prosecutors and public defenders, and among employing entities nationwide; and

``(B) subject to the availability of appropriations.

``(2) Priority.--The Attorney General shall give priority in providing repayment benefits under this section in any fiscal year to a borrower who--

``(A) received repayment benefits under this section during the preceding fiscal year; and

``(B) has completed less than 3 years of the first required period of service specified for the borrower in an agreement entered into under subsection (d).

``(g) Regulations.--The Attorney General is authorized to issue such regulations as may be necessary to carry out the provisions of this section.

``(h) Study.--Not later than 1 year after the date of enactment of this section, the Government Accountability Office shall study and report to Congress on the impact of law school accreditation requirements and other factors on law school costs and access, including the impact of such requirements on racial and ethnic minorities.

``(i) Authorization of Appropriations.--There are 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.''.

______

SA 2345. Mr. DURBIN (for himself, Mr. Hagel, and Mrs. Clinton) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE V--DREAM ACT OF 2007

SEC. 501. SHORT TITLE.

This title may be cited as the ``Development, Relief, and Education for Alien Minors Act of 2007'' or the ``DREAM Act of 2007''.

SEC. 502. DEFINITIONS.

In this title:

(1) Institution of higher education.--The term

``institution of higher education'' has the meaning given that term in section 101 of the Higher Education Act of 1965

(20 U.S.C. 1001).

(2) Uniformed services.--The term ``uniformed services'' has the meaning given that term in section 101(a) of title 10, United States Code.

SEC. 503. RESTORATION OF STATE OPTION TO DETERMINE RESIDENCY

FOR PURPOSES OF HIGHER EDUCATION BENEFITS.

(a) In General.--Section 505 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (8 U.S.C. 1623) is repealed.

(b) Effective Date.--The repeal under subsection (a) shall take effect as if included in the enactment of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (division C of Public Law 104-208; 110 Stat. 3009-546).

SEC. 504. CANCELLATION OF REMOVAL AND ADJUSTMENT OF STATUS OF

CERTAIN LONG-TERM RESIDENTS WHO ENTERED THE

UNITED STATES AS CHILDREN.

(a) Special Rule for Certain Long-Term Residents Who Entered the United States as Children.--

(1) In general.--Notwithstanding any other provision of law and except as otherwise provided in this title, the Secretary of Homeland Security may cancel removal of, and adjust to the status of an alien lawfully admitted for permanent residence, subject to the conditional basis described in section 505, an alien who is inadmissible or deportable from the United States, if the alien demonstrates that--

(A) the alien has been physically present in the United States for a continuous period of not less than 5 years immediately preceding the date of enactment of this title, and had not yet reached the age of 16 years at the time of initial entry;

(B) the alien has been a person of good moral character since the time of application;

(i) is not inadmissible under paragraph (2), (3), (6)(E), or (10)(C) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)); and

(ii) is not deportable under paragraph (1)(E), (2), or (4) of section 237(a) of the Immigration and Nationality Act (8 U.S.C. 1227(a));

(D) the alien, at the time of application, has been admitted to an institution of higher education in the United States, or has earned a high school diploma or obtained a general education development certificate in the United States; and

(E) the alien has never been under a final administrative or judicial order of exclusion, deportation, or removal, unless the alien--

(i) has remained in the United States under color of law after such order was issued; or

(ii) received the order before attaining the age of 16 years.

(2) Waiver.--Notwithstanding paragraph (1), the Secretary of Homeland Security may waive the ground of ineligibility under section 212(a)(6)(E) of the Immigration and Nationality Act and the ground of deportability under paragraph (1)(E) of section 237(a) of that Act for humanitarian purposes or family unity or when it is otherwise in the public interest.

(3) Procedures.--The Secretary of Homeland Security shall provide a procedure by regulation allowing eligible individuals to apply affirmatively for the relief available under this subsection without being placed in removal proceedings.

(b) Termination of Continuous Period.--For purposes of this section, any period of continuous residence or continuous physical presence in the United States of an alien who applies for cancellation of removal under this section shall not terminate when the alien is served a notice to appear under section 239(a) of the Immigration and Nationality Act

(8 U.S.C. 1229(a)).

(1) In general.--An alien shall be considered to have failed to maintain continuous physical presence in the United States under subsection (a) if the alien has departed from the United States for any period in excess of 90 days or for any periods in the aggregate exceeding 180 days.

(2) Extensions for exceptional circumstances.--The Secretary of Homeland Security may extend the time periods described in paragraph (1) if the alien demonstrates that the failure to timely return to the United States was due to exceptional circumstances. The exceptional circumstances determined sufficient to justify an extension should be no less compelling than serious illness of the alien, or death or serious illness of a parent, grandparent, sibling, or child.

(d) Exemption From Numerical Limitations.--Nothing in this section may be construed to apply a numerical limitation on the number of aliens who may be eligible for cancellation of removal or adjustment of status under this section.

(e) Regulations.--

(1) Proposed regulations.--Not later than 180 days after the date of enactment of this title, the Secretary of Homeland Security shall publish proposed regulations implementing this section. Such regulations shall be effective immediately on an interim basis, but are subject to change and revision after public notice and opportunity for a period for public comment.

(2) Interim, final regulations.--Within a reasonable time after publication of the interim regulations in accordance with paragraph (1), the Secretary of Homeland Security shall publish final regulations implementing this section.

(f) Removal of Alien.--The Secretary of Homeland Security may not remove any alien who has a pending application for conditional status under this title.

SEC. 505. CONDITIONAL PERMANENT RESIDENT STATUS.

(a) In General.--

(1) Conditional basis for status.--Notwithstanding any other provision of law, and except as provided in section 506, an alien whose status has been adjusted under section 504 to that of an alien lawfully admitted for permanent residence shall be considered to have obtained such status on a conditional basis subject to the provisions of this section. Such conditional permanent resident status shall be valid for a period of 6 years, subject to termination under subsection (b).

(2) Notice of requirements.--

(A) At time of obtaining permanent residence.--At the time an alien obtains permanent resident status on a conditional basis under paragraph (1), the Secretary of Homeland Security shall provide for notice to the alien regarding the provisions of this section and the requirements of subsection

(B) Effect of failure to provide notice.--The failure of the Secretary of Homeland Security to provide a notice under this paragraph--

(i) shall not affect the enforcement of the provisions of this title with respect to the alien; and

(ii) shall not give rise to any private right of action by the alien.

(b) Termination of Status.--

(1) In general.--The Secretary of Homeland Security shall terminate the conditional permanent resident status of any alien who obtained such status under this title, if the Secretary determines that the alien--

(A) ceases to meet the requirements of subparagraph (B) or

(B) has become a public charge; or

(2) Return to previous immigration status.--Any alien whose conditional permanent resident status is terminated under paragraph (1) shall return to the immigration status the alien had immediately prior to receiving conditional permanent resident status under this title.

(1) In general.--In order for the conditional basis of permanent resident status obtained by an alien under subsection (a) to be removed, the alien must file with the Secretary of Homeland Security, in accordance with paragraph

(3), a petition which requests the removal of such conditional basis and which provides, under penalty of perjury, the facts and information so that the Secretary may make the determination described in paragraph (2)(A).

(2) Adjudication of petition to remove condition.--

(A) In general.--If a petition is filed in accordance with paragraph (1) for an alien, the Secretary of Homeland Security shall make a determination as to whether the alien meets the requirements set out in subparagraphs (A) through

(E) of subsection (d)(1).

(B) Removal of conditional basis if favorable determination.--If the Secretary determines that the alien meets such requirements, the Secretary shall notify the alien of such determination and immediately remove the conditional basis of the status of the alien.

(C) Termination if adverse determination.--If the Secretary determines that the alien does not meet such requirements, the Secretary shall notify the alien of such determination and terminate the conditional permanent resident status of the alien as of the date of the determination.

(3) Time to file petition.--An alien may petition to remove the conditional basis to lawful resident status during the period beginning 180 days before and ending 2 years after either the date that is 6 years after the date of the granting of conditional permanent resident status or any other expiration date of the conditional permanent resident status as extended by the Secretary of Homeland Security in accordance with this title. The alien shall be deemed in conditional permanent resident status in the United States during the period in which the petition is pending.

(d) Details of Petition.--

(1) Contents of petition.--Each petition for an alien under subsection (c)(1) shall contain information to permit the Secretary of Homeland Security to determine whether each of the following requirements is met:

(A) The alien has demonstrated good moral character during the entire period the alien has been a conditional permanent resident.

(B) The alien is in compliance with section 504(a)(1)(C).

(C) The alien has not abandoned the alien's residence in the United States. The Secretary shall presume that the alien has abandoned such residence if the alien is absent from the United States for more than 365 days, in the aggregate, during the period of conditional residence, unless the alien demonstrates that alien has not abandoned the alien's residence. An alien who is absent from the United States due to active service in the uniformed services has not abandoned the alien's residence in the United States during the period of such service.

(D) The alien has completed at least 1 of the following:

(i) The alien has acquired a degree from an institution of higher education in the United States or has completed at least 2 years, in good standing, in a program for a bachelor's degree or higher degree in the United States.

(ii) The alien has served in the uniformed services for at least 2 years and, if discharged, has received an honorable discharge.

(E) The alien has provided a list of each secondary school

(as that term is defined in section 9101 of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801)) that the alien attended in the United States.

(2) Hardship exception.--

(A) In general.--The Secretary of Homeland Security may, in the Secretary's discretion, remove the conditional status of an alien if the alien--

(i) satisfies the requirements of subparagraphs (A), (B), and (C) of paragraph (1);

(ii) demonstrates compelling circumstances for the inability to complete the requirements described in paragraph

(1)(D); and

(iii) demonstrates that the alien's removal from the United States would result in exceptional and extremely unusual hardship to the alien or the alien's spouse, parent, or child who is a citizen or a lawful permanent resident of the United States.

(B) Extension.--Upon a showing of good cause, the Secretary of Homeland Security may extend the period of conditional resident status for the purpose of completing the requirements described in paragraph (1)(D).

(e) Treatment of Period for Purposes of Naturalization.--For purposes of title III of the Immigration and Nationality Act (8 U.S.C. 1401 et seq.), in the case of an alien who is in the United States as a lawful permanent resident on a conditional basis under this section, the alien shall be considered to have been admitted as an alien lawfully admitted for permanent residence and to be in the United States as an alien lawfully admitted to the United States for permanent residence. However, the conditional basis must be removed before the alien may apply for naturalization.

SEC. 506. RETROACTIVE BENEFITS.

If, on the date of enactment of this title, an alien has satisfied all the requirements of subparagraphs (A) through

(E) of section 504(a)(1) and section 505(d)(1)(D), the Secretary of Homeland Security may adjust the status of the alien to that of a conditional resident in accordance with section 504. The alien may petition for removal of such condition at the end of the conditional residence period in accordance with section 505(c) if the alien has met the requirements of subparagraphs (A), (B), and (C) of section 505(d)(1) during the entire period of conditional residence.

SEC. 507. EXCLUSIVE JURISDICTION.

(a) In General.--The Secretary of Homeland Security shall have exclusive jurisdiction to determine eligibility for relief under this title, except where the alien has been placed into deportation, exclusion, or removal proceedings either prior to or after filing an application for relief under this title, in which case the Attorney General shall have exclusive jurisdiction and shall assume all the powers and duties of the Secretary until proceedings are terminated, or if a final order of deportation, exclusion, or removal is entered the Secretary shall resume all powers and duties delegated to the Secretary under this title.

(b) Stay of Removal of Certain Aliens Enrolled in Primary or Secondary School.--The Attorney General shall stay the removal proceedings of any alien who--

(1) meets all the requirements of subparagraphs (A), (B),

(C), and (E) of section 504(a)(1);

(2) is at least 12 years of age; and

(3) is enrolled full time in a primary or secondary school.

(c) Employment.--An alien whose removal is stayed pursuant to subsection (b) may be engaged in employment in the United States consistent with the Fair Labor Standards Act (29 U.S.C. 201 et seq.) and State and local laws governing minimum age for employment.

(d) Lift of Stay.--The Attorney General shall lift the stay granted pursuant to subsection (b) if the alien--

(1) is no longer enrolled in a primary or secondary school; or

(2) ceases to meet the requirements of subsection (b)(1).

SEC. 508. PENALTIES FOR FALSE STATEMENTS IN APPLICATION.

Whoever files an application for relief under this title and willfully and knowingly falsifies, misrepresents, or conceals a material fact or makes any false or fraudulent statement or representation, or makes or uses any false writing or document knowing the same to contain any false or fraudulent statement or entry, shall be fined in accordance with title 18, United States Code, or imprisoned not more than 5 years, or both.

SEC. 509. CONFIDENTIALITY OF INFORMATION.

(a) Prohibition.--Except as provided in subsection (b), no officer or employee of the United States may--

(1) use the information furnished by the applicant pursuant to an application filed under this title to initiate removal proceedings against any persons identified in the application;

(2) make any publication whereby the information furnished by any particular individual pursuant to an application under this title can be identified; or

(3) permit anyone other than an officer or employee of the United States Government or, in the case of applications filed under this title with a designated entity, that designated entity, to examine applications filed under this title.

(b) Required Disclosure.--The Attorney General or the Secretary of Homeland Security shall provide the information furnished under this section, and any other information derived from such furnished information, to--

(1) a duly recognized law enforcement entity in connection with an investigation or prosecution of an offense described in paragraph (2) or (3) of section 212(a) of the Immigration and Nationality Act (8 U.S.C. 1182(a)), when such information is requested in writing by such entity; or

(2) an official coroner for purposes of affirmatively identifying a deceased individual (whether or not such individual is deceased as a result of a crime).

(c) Penalty.--Whoever knowingly uses, publishes, or permits information to be examined in violation of this section shall be fined not more than $10,000.

SEC. 510. EXPEDITED PROCESSING OF APPLICATIONS; PROHIBITION

ON FEES.

Regulations promulgated under this title shall provide that applications under this title will be considered on an expedited basis and without a requirement for the payment by the applicant of any additional fee for such expedited processing.

SEC. 511. HIGHER EDUCATION ASSISTANCE.

Notwithstanding any provision of the Higher Education Act of 1965 (20 U.S.C. 1001 et seq.), with respect to assistance provided under title IV of the Higher Education Act of 1965

(20 U.S.C. 1070 et seq.), an alien who adjusts status to that of a lawful permanent resident under this title shall be eligible only for the following assistance under such title:

(1) Student loans under parts B, D, and E of such title IV

(20 U.S.C. 1071 et seq., 1087a et seq., 1087aa et seq.), subject to the requirements of such parts.

(2) Federal work-study programs under part C of such title IV (42 U.S.C. 2751 et seq.), subject to the requirements of such part.

(3) Services under such title IV (20 U.S.C. 1070 et seq.), subject to the requirements for such services.

SEC. 512. GAO REPORT.

Not later than seven years after the date of enactment of this title, the Comptroller General of the United States shall submit a report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives setting forth--

(1) the number of aliens who were eligible for cancellation of removal and adjustment of status under section 504(a);

(2) the number of aliens who applied for adjustment of status under section 504(a);

(3) the number of aliens who were granted adjustment of status under section 504(a); and

(4) the number of aliens whose conditional permanent resident status was removed under section 505.

______

SA 2346. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; which was ordered to lie on the table; as follows:

At the end of title VIII of the Higher Education Access Act of 2007, insert the following:

SEC. 802. COLLEGE TEXTBOOK AVAILABILITY.

(a) Purpose and Intent.--The purpose of this section is to ensure that every student in higher education is offered better and more timely access to affordable course materials by educating and informing faculty, students, administrators, institutions of higher education, bookstores, and publishers on all aspects of the selection, purchase, sale, and use of the course materials. It is the intent of this section to have all involved parties work together to identify ways to decrease the cost of college textbooks and supplemental materials for students while protecting the academic freedom of faculty members to provide high quality course materials for students.

(b) Definitions.--In this section:

(1) College textbook.--The term ``college textbook'' means a textbook, or a set of textbooks, used for a course in postsecondary education at an institution of higher education.

(2) Course schedule.--The term ``course schedule'' means a listing of the courses or classes offered by an institution of higher education for an academic period.

(3) Institution of higher education.--The term

``institution of higher education'' has the meaning given the term in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002).

(4) Publisher.--The term ``publisher'' means a publisher of college textbooks or supplemental materials involved in or affecting interstate commerce.

(5) Supplemental material.--The term ``supplemental material'' means educational material published or produced to accompany a college textbook.

(1) College textbook pricing information.--When a publisher provides a faculty member of an institution of higher education with information regarding a college textbook or supplemental material available in the subject area in which the faculty member teaches, the publisher shall include, with any such information and in writing, the following:

(A) The price at which the publisher would make the college textbook or supplemental material available to the bookstore on the campus of, or otherwise associated with, such institution of higher education.

(B) Any history of revisions for the college textbook or supplemental material.

(C) Whether the college textbook or supplemental material is available in any other format, including paperback and unbound, and the price at which the publisher would make the college textbook or supplemental material in the other format available to the bookstore on the campus of, or otherwise associated with, such institution of higher education.

(2) Unbundling of supplemental materials.--A publisher that sells a college textbook and any supplemental material accompanying such college textbook as a single bundled item shall also sell the college textbook and each supplemental material as separate and unbundled items.

(d) Provision of ISBN College Textbook Information in Course Schedules.--

(1) Internet course schedules.--Each institution of higher education that receives Federal assistance and that publishes the institution's course schedule for the subsequent academic period on the Internet shall--

(A) include in the course schedule, for each college textbook or supplemental material required or recommended for a course or class listed on the course schedule--

(i) the International Standard Book Number (ISBN) for the college textbook or supplemental material; or

(ii) the title and author of the college textbook or supplemental material; and

(B) update the information required under subparagraph (A) as necessary.

(2) Written course schedules.--In the case of an institution of higher education that receives Federal assistance and that does not publish the institution's course schedule for the subsequent academic period on the Internet, the institution of higher education shall include the information required under paragraph (1)(A) in any printed version of the institution's course schedule and shall provide students with updates to such information as necessary.

(e) Availability of Information for College Textbook Sellers.--An institution of higher education that receives Federal assistance shall make available, as soon as is practicable, upon the request of any seller of college textbooks (other than a publisher) that meets the requirements established by the institution, the most accurate information available regarding--

(1) the institution's course schedule for the subsequent academic period; and

(2) for each course or class offered by the institution for the subsequent academic period--

(A) for each college textbook or supplemental material required or recommended for such course or class--

(i) the International Standard Book Number (ISBN) for the college textbook or supplemental material; or

(ii) the title and author of the college textbook or supplemental material;

(B) the number of students enrolled in such course or class; and

______

SA 2347. Mr. DURBIN submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. ___. DISCHARGE IN BANKRUPTCY FOR CERTAIN STUDENT LOANS.

(a) In General.--Section 523(a)(8) of title 11, United States Code, is amended--

(1) in subparagraph (A), by striking clause (i) and inserting the following:

``(i) an educational benefit overpayment or loan made, insured, or guaranteed by a governmental unit, or an obligation to repay funds received from a governmental unit as an educational benefit, scholarship, or stipend; or''; and

(2) in subparagraph (B), by inserting before the semicolon at the end ``, unless such qualified educational loan first became due more than 5 years, excluding any deferment of the repayment period while the borrower is attending an institution of higher education, as that term is defined in section 102 of the Higher Education Act of 1965 (20 U.S.C. 1002), before the date of the filing of the petition''.

(b) Applicability.--The amendments made by subsection (a) shall apply only with respect to obligations described in section 523(a)(8) of title 11, United States Code, as amended by this section, that are entered into on or after the date of enactment of this Act.

______

SA 2348. Mr. DURBIN (for himself and Mr. Grassley) submitted an amendment intended to be proposed to amendment SA 2339 submitted by Mr. Cornyn (for himself, Mr. Enzi, Mr. Gregg, Mr. Smith, Mr. Sununu, Mr. Coleman, and Mr. Voinovich) to the amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; which was ordered to lie on the table; as follows:

At the end, add the following:

TITLE V--IMMIGRATION FRAUD PREVENTION

SEC. 501. SHORT TITLE.

This title may be cited as the ``H-1B and L-1 Visa Fraud and Abuse Prevention Act of 2007''.

SEC. 502. H-1B EMPLOYER REQUIREMENTS.

(a) Application of Nondisplacement and Good Faith Recruitment Requirements to All H-1B Employers.--

(1) Amendments.--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);

(I) in clause (i), by striking ``(E)(i) In the case of an application described in clause (ii), the'' and inserting

``(E) The''; and

(II) by striking clause (ii);

(ii) in subparagraph (F), by striking ``In the case of'' and all that follows through ``where--'' and inserting the following: ``The employer will not place the nonimmigrant with another employer if--''; and

(iii) in subparagraph (G), by striking ``In the case of an application described in subparagraph (E)(ii), subject'' and inserting ``Subject'';

(B) in paragraph (2)--

(i) in subparagraph (E), by striking ``If an H-1B-dependent employer'' and inserting ``If an employer that employs H-1B nonimmigrants''; and

(ii) in subparagraph (F), by striking ``The preceding sentence shall apply to an employer regardless of whether or not the employer is an H-1B-dependent employer.''; and

(2) Effective date.--The amendments made by paragraph (1) shall apply to applications filed on or after the date of the enactment of this Act.

(b) Nondisplacement Requirement.--

(1) Extending time period for nondisplacement.--Section 212(n) of such Act, as amended by subsection (a), is further amended--

(A) in paragraph (1)--

(i) in subparagraph (E), by striking ``90 days'' each place it appears and inserting ``180 days'';

(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.

(1) Listing of available positions.--Section 212(n)(1)(C) of such Act is amended--

(A) in clause (i), by striking ``(i) has provided'' and inserting the following:

``(ii)(I) has provided'';

(B) by redesignating clause (ii) as subclause (II); and

``(i) has advertised the job availability on the list described in paragraph (6), for at least 30 calendar days; and''.

(2) List maintained by the department of labor.--Section 212(n) of such Act, as amended by this section, is further amended by adding at the end the following:

``(6)(A) Not later than 90 days after the date of the enactment of this paragraph, the Secretary of Labor shall establish a list of available jobs, which shall be publicly accessible without charge--

``(i) on a website maintained by the Department of Labor, which website shall be searchable by--

``(I) the name, city, State, and zip code of the employer;

``(II) the date on which the job is expected to begin;

``(III) the title and description of the job; and

``(IV) the State and city (or county) at which the work will be performed; and

``(ii) at each 1-stop center created under the Workforce Investment Act of 1998 (Public Law 105-220).

``(B) Each available job advertised on the list shall include--

``(i) the employer's full legal name;

``(ii) the address of the employer's principal place of business;

``(iii) the employer's city, State and zip code;

``(iv) the employer's Federal Employer Identification Number;

``(v) the phone number, including area code and extension, as appropriate, of the hiring official or other designated official of the employer;

``(vi) the e-mail address, if available, of the hiring official or other designated official of the employer;

``(vii) the wage rate to be paid for the position and, if the wage rate in the offer is expressed as a range, the bottom of the wage range;

``(viii) whether the rate of pay is expressed on an annual, monthly, biweekly, weekly, or hourly basis;

``(ix) a statement of the expected hours per week that the job will require;

``(x) the date on which the job is expected to begin;

``(xi) the date on which the job is expected to end, if applicable;

``(xii) the number of persons expected to be employed for the job;

``(xiii) the job title;

``(xiv) the job description;

``(xv) the city and State of the physical location at which the work will be performed; and

``(xvi) a description of a process by which a United States worker may submit an application to be considered for the job.

``(C) The Secretary of Labor may charge a nominal filing fee to employers who advertise available jobs on the list established under this paragraph to cover expenses for establishing and administering the requirements under this paragraph.

``(D) The Secretary may promulgate rules, after notice and a period for comment--

``(i) to carry out the requirements of this paragraph; and

``(ii) that require employers to provide other information in order to advertise available jobs on the list.''.

(3) Effective date.--Paragraph (1) shall take effect for applications filed at least 30 days after the creation of the list described in paragraph (2).

(d) 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 undesignated paragraph at the end, by striking

``The employer'' and inserting the following:

``(K) The employer''.

(e) Prohibition of Outplacement.--

(1) In general.--Section 212(n) of such Act, as amended by this section, is further amended--

(A) in paragraph (1), by amending subparagraph (F) to read as follows:

``(F) The employer shall not place, outsource, lease, or otherwise contract for the placement of an alien admitted or provided status as an H-1B nonimmigrant with another employer;'' and

(B) in paragraph (2), by striking subparagraph (E).

(2) Effective date.--The amendments made by paragraph (1) shall apply to applications filed on or after the date of the enactment of this Act.

(f) 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 (d)(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.''.

(g) Wage Determination.--

(1) Change in minimum wages.--Section 212(n)(1) of such Act, as amended by this section, is further amended--

(A) by amending subparagraph (A) to read as follows:

``(A) The employer--

``(i) is offering and will offer, during the period of authorized employment, to aliens admitted or provided status as an H-1B nonimmigrant, wages, based on the best information available at the time the application is filed, which are not less than the highest of--

``(I) the locally determined prevailing wage level for the occupational classification in the area of employment;

``(II) the median average wage for all workers in the occupational classification in the area of employment; or

``(III) the median wage for skill level 2 in the occupational classification found in the most recent Occupational Employment Statistics survey; and

``(ii) will provide working conditions for such a nonimmigrant that will not adversely affect the working conditions of workers similarly employed.''; and

(B) in subparagraph (D), by inserting ``the wage determination methodology used under subparagraph (A)(i),'' after ``shall contain''.

(2) Provision of w-2 forms.--Section 212(n)(1) of such Act is amended by inserting after subparagraph (I), as added by subsection (f), the following:

``(J) If the employer, in such previous period as the Secretary shall specify, employed 1 or more H-1B nonimmigrants, the employer shall submit to the Secretary the Internal Revenue Service Form W-2 Wage and Tax Statement filed by the employer with respect to such nonimmigrants for such period.''.

(3) Effective date.--The amendments made by this subsection shall apply to applications filed on or after the date of the enactment of this Act.

(h) Immigration Documents.--Section 204 of such Act (8 U.S.C. 1154) is amended by adding at the end the following:

``(l) Employer To Share All Immigration Paperwork Exchanged With Federal Agencies.--Not later than 10 working days after receiving a written request from a former, current, or future employee or beneficiary, an employer shall provide the employee or beneficiary with the original (or a certified copy of the original) of all petitions, notices, and other written communication exchanged between the employer and the Department of Labor, the Department of Homeland Security, or any other Federal agency that is related to an immigrant or nonimmigrant petition filed by the employer for the employee or beneficiary.''.

SEC. 503. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.

(a) Safeguards Against Fraud and Misrepresentation in Application Review Process.--Section 212(n)(1)(K) of the Immigration and Nationality Act, as redesignated by section 502(d)(2), is amended--

(1) by inserting ``and through the Department of Labor's website, without charge.'' after ``D.C.'';

(2) by inserting ``, clear indicators of fraud, misrepresentation of material fact,'' after ``completeness'';

(3) by striking ``or obviously inaccurate'' and inserting

``, presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate'';

(4) by striking ``within 7 days of'' and inserting ``not later than 14 days after''; and

(5) by adding at the end the following: ``If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing under paragraph (2).

(b) Investigations by Department of Labor.--Section 212(n)(2) of such Act is amended--

(1) in subparagraph (A)--

(A) by striking ``12 months'' and inserting ``24 months''; and

(B) by striking ``The Secretary shall conduct'' and all that follows and inserting ``Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred.'';

(2) in subparagraph (C)(i)--

(A) by striking ``a condition of paragraph (1)(B), (1)(E), or (1)(F)'' and inserting ``a condition under subparagraph

(B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; and

(B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';

(3) in subparagraph (G)--

(A) in clause (i), by striking ``if the Secretary'' and all that follows and inserting ``with regard to the employer's compliance with the requirements of this subsection.'';

(B) in clause (ii), by striking ``and whose identity'' and all that follows through ``failure or failures.'' and inserting ``the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements of this subsection.'';

(D) by striking clauses (iv) and (v);

(E) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively;

(F) in clause (iv), as redesignated, by striking ``meet a condition described in clause (ii), unless the Secretary of Labor receives the information not later than 12 months'' and inserting ``comply with the requirements under this subsection, unless the Secretary of Labor receives the information not later than 24 months'';

(G) by amending clause (v), as redesignated, to read as follows:

``(v) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. A determination by the Secretary under this clause shall not be subject to judicial review.''.

(H) in clause (vi), as redesignated, by striking ``An investigation'' and all that follows through ``the determination.'' and inserting ``If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination.''; and

(I) by adding at the end the following:

``(vii) If the Secretary of Labor, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary may impose a penalty under subparagraph (C).''; and

(4) by striking subparagraph (H).

(c) Information Sharing Between Department of Labor and Department of Homeland Security.--Section 212(n)(2) of such Act, as amended by this section, is further amended by inserting after subparagraph (G) the following:

``(H) The Director of United States Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by H-1B employers as part of the adjudication process that indicates that the employer is not complying with H-1B visa program requirements. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.''.

(d) Audits.--Section 212(n)(2)(A) of such Act, as amended by this section, is further amended by adding at the end the following: ``The Secretary may conduct surveys of the degree to which employers comply with the requirements under this subsection and may conduct annual compliance audits of employers that employ H-1B nonimmigrants. The Secretary shall conduct annual compliance audits of not less than 1 percent of the employers that employ H-1B nonimmigrants during the applicable calendar year. The Secretary shall conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are H-1B nonimmigrants.''.

(e) Penalties.--Section 212(n)(2)(C) of such Act, as amended by this section, is further amended--

(1) in clause (i)(I), by striking ``$1,000'' and inserting

``$2,000'';

(2) in clause (ii)(I), by striking ``$5,000'' and inserting

``$10,000''; and

(3) in clause (vi)(III), by striking ``$1,000'' and inserting ``$2,000''.

(f) Information Provided to H-1B Nonimmigrants Upon Visa Issuance.--Section 212(n) of such Act, as amended by this section, is further amended by inserting after paragraph (2) the following:

``(3)(A) Upon issuing an H-1B visa to an applicant outside the United States, the issuing office shall provide the applicant with--

``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections;

``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers' rights; and

``(iii) a copy of the employer's H-1B application for the position that the H-1B nonimmigrant has been issued the visa to fill.

``(B) Upon the issuance of an H-1B visa to an alien inside the United States, the officer of the Department of Homeland Security shall provide the applicant with--

``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections;

``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer's obligations and workers' rights; and

``(iii) a copy of the employer's H-1B application for the position that the H-1B nonimmigrant has been issued the visa to fill.''.

SEC. 504. L-1 VISA FRAUD AND ABUSE PROTECTIONS.

(a) In General.--Section 214(c)(2) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(2)) is amended--

(1) by striking ``Attorney General'' each place it appears and inserting ``Secretary of Homeland Security'';

(2) in subparagraph (E), by striking ``In the case of an alien spouse admitted under section 101(a)(15)(L), who'' and inserting ``Except as provided in subparagraph (H), if an alien spouse admitted under section 101(a)(15)(L)''; and

(3) by adding at the end the following:

``(G)(i) If the beneficiary of a petition under this subsection is coming to the United States to open, or be employed in, a new facility, the petition may be approved for up to 12 months only if the employer operating the new facility has--

``(I) a business plan;

``(II) sufficient physical premises to carry out the proposed business activities; and

``(III) the financial ability to commence doing business immediately upon the approval of the petition.

``(ii) An extension of the approval period under clause (i) may not be granted until the importing employer submits an application to the Secretary of Homeland Security that contains--

``(I) evidence that the importing employer meets the requirements of this subsection;

``(II) evidence that the beneficiary meets the requirements under section 101(a)(15)(L);

``(III) a statement summarizing the original petition;

``(IV) evidence that the importing employer has fully complied with the business plan submitted under clause

(i)(I);

``(V) evidence of the truthfulness of any representations made in connection with the filing of the original petition;

``(VI) evidence that the importing employer, during the preceding 12 months, has been doing business at the new facility through regular, systematic, and continuous provision of goods or services, or has otherwise been taking commercially reasonable steps to establish the new facility as a commercial enterprise;

``(VII) a statement of the duties the beneficiary has performed at the new facility during the preceding 12 months and the duties the beneficiary will perform at the new facility during the extension period approved under this clause;

``(VIII) a statement describing the staffing at the new facility, including the number of employees and the types of positions held by such employees;

``(IX) evidence of wages paid to employees;

``(X) evidence of the financial status of the new facility; and

``(XI) any other evidence or data prescribed by the Secretary.

``(iii) Notwithstanding subclauses (I) through (VI) of clause (ii), and subject to the maximum period of authorized admission set forth in subparagraph (D), the Secretary of Homeland Security may approve a petition subsequently filed on behalf of the beneficiary to continue employment at the facility described in this subsection for a period beyond the initially granted 12-month period if the importing employer demonstrates that the failure to satisfy any of the requirements described in those subclauses was directly caused by extraordinary circumstances beyond the control of the importing employer.

``(iv) For purposes of determining the eligibility of an alien for classification under section 101(a)(15)(L), the Secretary of Homeland Security shall work cooperatively with the Secretary of State to verify a company or facility's existence in the United States and abroad.''.

(b) Restriction on Blanket Petitions.--Section 214(c)(2)(A) of such Act is amended to read as follows:

``(2)(A) The Secretary of Homeland Security may not permit the use of blanket petitions to import aliens as nonimmigrants under section 101(a)(15)(L).''.

(c) Prohibition on Outplacement.--Section 214(c)(2) of such Act, as amended by this section, is further amended by adding at the end the following:

``(H) An employer who imports 1 or more aliens as nonimmigrants described in section 101(a)(15)(L) shall not place, outsource, lease, or otherwise contract for the placement of an alien admitted or provided status as an L-1 nonimmigrant with another employer.''.

(d) Investigations and Audits by Department of Homeland Security.--

(1) Department of homeland security investigations.--Section 214(c)(2) of such Act, as amended by this section, is further amended by adding at the end the following:

``(I)(i) The Secretary of Homeland Security may initiate an investigation of any employer that employs nonimmigrants described in section 101(a)(15)(L) with regard to the employer's compliance with the requirements of this subsection.

``(ii) If the Secretary of Homeland Security receives specific credible information from a source who is likely to have knowledge of an employer's practices, employment conditions, or compliance with the requirements under this subsection, the Secretary may conduct an investigation into the employer's compliance with the requirements of this subsection. The Secretary may withhold the identity of the source from the employer, and the source's identity shall not be subject to disclosure under section 552 of title 5.

``(iii) The Secretary of Homeland Security shall establish a procedure for any person desiring to provide to the Secretary of Homeland Security information described in clause (ii) that may be used, in whole or in part, as the basis for the commencement of an investigation described in such clause, to provide the information in writing on a form developed and provided by the Secretary of Homeland Security and completed by or on behalf of the person.

``(iv) No investigation described in clause (ii) (or hearing described in clause (vi) based on such investigation) may be conducted with respect to information about a failure to comply with the requirements under this subsection, unless the Secretary of Homeland Security receives the information not later than 24 months after the date of the alleged failure.

``(v) Before commencing an investigation of an employer under clause (i) or (ii), the Secretary of Homeland Security shall provide notice to the employer of the intent to conduct such investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that to do so would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. There shall be no judicial review of a determination by the Secretary under this clause.

``(vi) If the Secretary of Homeland Security, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination. If such a hearing is requested, the Secretary shall make a finding concerning the matter by not later than 120 days after the date of the hearing.

``(vii) If the Secretary of Homeland Security, after a hearing, finds a reasonable basis to believe that the employer has violated the requirements under this subsection, the Secretary may impose a penalty under section 214(c)(2)(J).''.

(2) Audits.--Section 214(c)(2)(I) of such Act, as added by paragraph (1), is amended by adding at the end the following:

``(viii) The Secretary of Homeland Security may conduct surveys of the degree to which employers comply with the requirements under this section and may conduct annual compliance audits of employers that employ H-1B nonimmigrants. The Secretary shall conduct annual compliance audits of not less than 1 percent of the employers that employ nonimmigrants described in section 101(a)(15)(L) during the applicable calendar year. The Secretary shall conduct annual compliance audits of each employer with more than 100 employees who work in the United States if more than 15 percent of such employees are nonimmigrants described in section 101(a)(15)(L).''.

(3) Reporting requirement.--Section 214(c)(8) of such Act is amended by inserting ``(L),'' after ``(H),''.

(e) Penalties.--Section 214(c)(2) of such Act, as amended by this section, is further amended by adding at the end the following:

``(J)(i) If the Secretary of Homeland Security finds, after notice and an opportunity for a hearing, a failure by an employer to meet a condition under subparagraph (F), (G),

(H), (I), or (K) or a misrepresentation of material fact in a petition to employ 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)--

``(I) the Secretary of Homeland Security may impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $2,000 per violation) as the Secretary determines to be appropriate; and

``(II) the Secretary of Homeland Security may not, during a period of at least 1 year, approve a petition for that employer to employ 1 or more aliens as such nonimmigrants.

``(ii) If the Secretary of Homeland Security finds, after notice and an opportunity for a hearing, a willful failure by an employer to meet a condition under subparagraph (F), (G),

(H), (I), or (K) or a misrepresentation of material fact in a petition to employ 1 or more aliens as nonimmigrants described in section 101(a)(15)(L)--

``(I) the Secretary of Homeland Security may impose such other administrative remedies (including civil monetary penalties in an amount not to exceed $10,000 per violation) as the Secretary determines to be appropriate; and

``(II) the Secretary of Homeland Security may not, during a period of at least 2 years, approve a petition filed for that employer to employ 1 or more aliens as such nonimmigrants.

``(iii) If the Secretary of Homeland Security finds, after notice and an opportunity for a hearing, a willful failure by an employer to meet a condition under subparagraph (L)(i)--

``(II) the employer shall be liable to employees harmed for lost wages and benefits.''.

(f) Wage Determination.--

(1) Change in minimum wages.--Section 214(c)(2) of such Act, as amended by this section, is further amended by adding at the end the following:

``(K)(i) An employer that employs a nonimmigrant described in section 101(a)(15)(L) shall--

``(I) offer such nonimmigrant, during the period of authorized employment, wages, based on the best information available at the time the application is filed, which are not less than the highest of--

``(aa) the locally determined prevailing wage level for the occupational classification in the area of employment;

``(bb) the median average wage for all workers in the occupational classification in the area of employment; or

``(cc) the median wage for skill level 2 in the occupational classification found in the most recent Occupational Employment Statistics survey; and

``(II) provide working conditions for such nonimmigrant that will not adversely affect the working conditions of workers similarly employed.

``(ii) If an employer, in such previous period specified by the Secretary of Homeland Security, employed 1 or more L-1 nonimmigrants, the employer shall provide to the Secretary of Homeland Security the Internal Revenue Service Form W-2 Wage and Tax Statement filed by the employer with respect to such nonimmigrants for such period.

``(iii) It is a failure to meet a condition under this subparagraph for an employer, who has filed a petition to import 1 or more aliens as nonimmigrants described in section 101(a)(15)(L), to--

``(I) require such a nonimmigrant to pay a penalty for ceasing employment with the employer before a date mutually agreed to by the nonimmigrant and the employer; or

``(II) fail to offer to such a nonimmigrant, during the nonimmigrant's period of authorized employment, on the same basis, and in accordance with the same criteria, as the employer offers to United States workers, benefits and eligibility for benefits, including--

``(aa) the opportunity to participate in health, life, disability, and other insurance plans;

``(bb) the opportunity to participate in retirement and savings plans; and

``(cc) cash bonuses and noncash compensation, such as stock options (whether or not based on performance).

``(iv) The Secretary of Homeland Security shall determine whether a required payment under clause (iii)(I) is a penalty

(and not liquidated damages) pursuant to relevant State law.''.

(2) Effective date.--The amendments made by this subsection shall apply to applications filed on or after the date of the enactment of this Act.

SEC. 505. WHISTLEBLOWER PROTECTIONS.

(a) H-1B Whistleblower Protections.--Section 212(n)(2)(C)(iv) of the Immigration and Nationality Act (8 U.S.C. 1182(n)(2)(C)(iv)) is amended--

(1) by inserting ``take, fail to take, or threaten to take or fail to take, a personnel action, or'' before ``to intimidate''; and

(2) by adding at the end the following: ``An employer that violates this clause shall be liable to the employees harmed by such violation for lost wages and benefits.''.

(b) L-1 Whistleblower Protections.--Section 214(c)(2) of such Act, as amended by section 504, is further amended by adding at the end the following:

``(L)(i) It is a violation of this subparagraph for an employer who has filed a petition to import 1 or more aliens as nonimmigrants described in section 101(a)(15)(L) to take, fail to take, or threaten to take or fail to take, a personnel action, or to intimidate, threaten, restrain, coerce, blacklist, discharge, or discriminate in any other manner against an employee because the employee--

``(I) has disclosed information that the employee reasonably believes evidences a violation of this subsection, or any rule or regulation pertaining to this subsection; or

``(II) cooperates or seeks to cooperate with the requirements of this subsection, or any rule or regulation pertaining to this subsection.

``(ii) An employer that violates this subparagraph shall be liable to the employees harmed by such violation for lost wages and benefits.

``(iii) In this subparagraph, the term `employee' includes--

``(I) a current employee;

``(II) a former employee; and

``(III) an applicant for employment.''.

SEC. 506. ADDITIONAL DEPARTMENT OF LABOR EMPLOYEES.

(a) In General.--The Secretary of Labor is authorized to hire 200 additional employees to administer, oversee, investigate, and enforce programs involving H-1B nonimmigrant workers.

(b) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.

______

SA 2349. Mr. HARKIN submitted an amendment intended to be proposed by him to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; which was ordered to lie on the table; as follows:

At the end of title III of the Higher Education Access Act of 2007, add the following:

SEC. 3___. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE

ATTORNEYS.

(a) In General.--Part B of title IV (20 U.S.C. 1071 et seq.) is amended by inserting after section 428K the following:

``SEC. 428L. LOAN REPAYMENT FOR CIVIL LEGAL ASSISTANCE

ATTORNEYS.

``(a) Purpose.--The purpose of this section is to encourage qualified individuals to enter and continue employment as civil legal assistance attorneys.

``(b) Definitions.--In this section:

``(1) Civil legal assistance attorney.--The term `civil legal assistance attorney' means an attorney who--

``(A) is a full-time employee of a nonprofit organization that provides legal assistance with respect to civil matters to low-income individuals without a fee;

``(B) as such employee, provides civil legal assistance as described in subparagraph (A) on a full-time basis; and

``(C) is continually licensed to practice law.

``(2) Student loan.--The term `student loan' means--

``(A) subject to subparagraph (B), a loan made, insured, or guaranteed under part B, D, or E of this title; and

``(B) a loan made under section 428C or 455(g), to the extent that such loan was used to repay--

``(i) a Federal Direct Stafford Loan, a Federal Direct Unsubsidized Stafford Loan, or a Federal Direct PLUS Loan;

``(ii) a loan made under section 428, 428B, or 428H; or

``(iii) a loan made under part E.

``(c) Program Authorized.--The Secretary shall carry out a program of assuming the obligation to repay a student loan, by direct payments on behalf of a borrower to the holder of such loan, in accordance with subsection (d), for any borrower who--

``(1) is employed as a civil legal assistance attorney; and

``(2) is not in default on a loan for which the borrower seeks repayment.

``(d) Terms of Agreement.--

``(1) In general.--To be eligible to receive repayment benefits under subsection (c), a borrower shall enter into a written agreement with the Secretary that specifies that--

``(A) the borrower will remain employed as a civil legal assistance attorney for a required period of service of not less than 3 years, unless involuntarily separated from that employment;

``(B) if the borrower is involuntarily separated from employment on account of misconduct, or voluntarily separates from employment, before the end of the period specified in the agreement, the borrower will repay the Secretary the amount of any benefits received by such employee under this agreement;

``(C) if the borrower is required to repay an amount to the Secretary under subparagraph (B) and fails to repay such amount, a sum equal to that amount shall be recoverable by the Federal Government from the employee by such methods as are provided by law for the recovery of amounts owed to the Federal Government;

``(D) the Secretary may waive, in whole or in part, a right of recovery under this subsection if it is shown that recovery would be against equity and good conscience or against the public interest; and

``(E) the Secretary shall make student loan payments under this section for the period of the agreement, subject to the availability of appropriations.

``(2) Repayments.--

``(A) In general.--Any amount repaid by, or recovered from, an individual under this subsection shall be credited to the appropriation account from which the amount involved was originally paid.

``(3) Limitations.--

``(A) Student loan payment amount.--Student loan repayments made by the Secretary under this section shall be made subject to such terms, limitations, or conditions as may be mutually agreed upon by the borrower and the Secretary in an agreement under paragraph (1), except that the amount paid by the Secretary under this section shall not exceed--

``(i) $6,000 for any borrower in any calendar year; or

``(ii) an aggregate total of $40,000 in the case of any borrower.

``(B) Beginning of payments.--Nothing in this section shall authorize the Secretary to pay any amount to reimburse a borrower for any repayments made by such borrower prior to the date on which the Secretary entered into an agreement with the borrower under this subsection.

``(e) Additional Agreements.--

``(1) In general.--On completion of the required period of service under an agreement under subsection (d), the borrower and the Secretary may, subject to paragraph (2), enter into an additional agreement in accordance with subsection (d).

``(2) Term.--An agreement entered into under paragraph (1) may require the borrower to remain employed as a civil legal assistance attorney for less than 3 years.

``(f) Award Basis; Priority.--

``(1) Award basis.--Subject to paragraph (2), the Secretary shall provide repayment benefits under this section on a first-come, first-served basis, and subject to the availability of appropriations.

``(2) Priority.--The Secretary shall give priority in providing repayment benefits under this section in any fiscal year to a borrower who--

``(A) has practiced law for 5 years or less and, for at least 90 percent of the time in such practice, has served as a civil legal assistance attorney;

``(B) received repayment benefits under this section during the preceding fiscal year; and

``(C) has completed less than 3 years of the first required period of service specified for the borrower in an agreement entered into under subsection (d).

``(g) Regulations.--The Secretary is authorized to issue such regulations as may be necessary to carry out the provisions of this section.

``(h) Authorization of Appropriations.--There are authorized to be appropriated to carry out this section

$10,000,000 for fiscal year 2008 and such sums as may be necessary for each succeeding fiscal year.''.

______

SA 2350. Mrs. DOLE (for herself and Mr. McConnell) submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. __. IDENTIFICATION REQUIREMENT.

(a) New Requirement for Individuals Voting in Person.--

(1) In general.--Title III of the Help America Vote Act of 2002 (42 U.S.C. 15481 et seq.) is amended--

(A) by redesignating sections 304 and 305 as sections 305 and 306, respectively; and

(B) by inserting after section 303 the following new section:

``SEC. 304. IDENTIFICATION OF VOTERS AT THE POLLS.

``(a) In General.--Notwithstanding the requirements of section 303(b), each State shall require individuals casting ballots in an election for Federal office in person to present a current valid photo identification issued by a governmental entity before voting.

``(b) Effective Date.--Each State shall be required to comply with the requirements of subsection (a) on and after January 1, 2008.''.

(2) Conforming amendments.--

(A) Section 401 of the Help America Vote Act of 2002 (42 U.S.C. 15511) is amended by striking ``and 303'' and inserting ``303, and 304''.

(B) The table of contents of the Help America Vote Act of 2002 is amended--

(i) by redesignating the items relating to sections 304 and 305 as relating to items 305 and 306, respectively; and

(ii) by inserting after the item relating to section 303 the following new item:

``Sec. 304. Identification of voters at the polls.''.

(b) Funding for Free Photo Identifications.--

(1) In general.--Subtitle D of title II of the Help America Vote Act of 2002 (42 U.S.C. 15401 et seq.) is amended by adding at the end the following:

``PART 7--PHOTO IDENTIFICATION

``SEC. 297. PAYMENTS FOR FREE PHOTO IDENTIFICATION.

``(a) In General.--In addition to any other payments made under this subtitle, the Commission shall make payments to States to promote the issuance to registered voters of free photo identifications for purposes of meeting the identification requirements under section 304.

``(b) Eligibility.--A State is eligible to receive a grant under this part if it submits to the Commission (at such time and in such form as the Commission may require) an application containing--

``(1) a statement that the State intends to comply with the requirements under section 304; and

``(2) a description of how the State intends to use the payment under this part to provide registered voters with free photo identifications which meet the requirements under such section.

``(c) Use of Funds.--A State receiving a payment under this part shall use the payment only to provide free photo identification cards to registered voters who do not have an identification card that meets the requirements under section 304.

``(d) Allocation of Funds.--

``(1) In general.--The amount of the grant made to a State under this part for a year shall be equal to the product of--

``(A) the total amount appropriated for payments under this part for the year under section 298; and

``(B) an amount equal to--

``(i) the voting age population of the State (as reported in the most recent decennial census); divided by

``(ii) the total voting age population of all eligible States which submit an application for payments under this part (as reported in the most recent decennial census).

``SEC. 298. AUTHORIZATION OF APPROPRIATIONS.

``(a) In General.--In addition to any other amounts authorized to be appropriated under this subtitle, there are authorized to be appropriated such sums as may be necessary for the purpose of making payments under section 297.

``(b) Availability.--Any amounts appropriated pursuant to the authority of this section shall remain available until expended.''.

(2) Conforming amendment.--The table of contents of the Help America Vote Act of 2002 is amended by inserting after the item relating to section 296 the following:

``PART 7--Photo Identification

``Sec. 297. Payments for free photo identification.

``Sec. 298. Authorization of appropriations.''.

______

SA 2351. Mr. McCONNELL proposed an amendment to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. __. SENSE OF SENATE ON THE DETAINEES AT GUANTANAMO BAY,

CUBA.

(a) Findings.--The Senate makes the following findings:

(1) During the War on Terror, senior members of al Qaeda have been captured by the United States military and intelligence personnel and their allies.

(2) Many such senior members of al Qaeda have since been transferred to the detention facility at Guantanamo Bay, Cuba.

(3) These senior al Qaeda members detained at Guantanamo Bay include Khalid Sheikh Mohammed, who was the mastermind behind the terrorist attacks of September 11, 2001, which killed approximately 3,000 innocent people.

(4) These senior al Qaeda members detained at Guantanamo Bay also include Majid Khan, who was tasked to develop plans to poison water reservoirs inside the United States, was responsible for conducting a study on the feasibility of a potential gas station bombing campaign inside the United States, and was integral in recommending Iyman Farris, who plotted to destroy the Brooklyn Bridge, to be an operative for al Qaeda inside the United States.

(5) These senior al Qaeda members detained at Guantanamo Bay also include Abd al-Rahim al-Nashiri, who was an al Qaeda operations chief for the Arabian Peninsula and who, at the request of Osama bin Laden, orchestrated the attack on the U.S.S. Cole, which killed 17 United States sailors.

(6) These senior al Qaeda members detained at Guantanamo Bay also include Ahmed Khalfan Ghailani, who played a major role in the East African Embassy Bombings, which killed more than 250 people.

(7) The Department of Defense has estimated that of the approximately 415 detainees who have been released or transferred from the detention facility at Guantanamo Bay, at least 29 have subsequently taken up arms against the United States and its allies.

(8) Osama bin Laden, the leader of al Qaeda, said in his 1998 fatwa against the United States, that ``[t]he ruling to kill the Americans and their allies--civilians and military--is an individual duty for every Muslim who can do it in any country in which it is possible to do it''.

(9) In the same fatwa, bin Laden said, ``[w]e--with God's help--call on every Muslim who believes in God and wishes to be rewarded to comply with God's order to kill the Americans and plunder their money wherever and whenever they find it''.

(10) It is safer for American citizens if captured members of al Qaeda and other terrorist organizations are not housed on American soil where they could more easily carry out their mission to kill innocent civilians.

(b) Sense of Senate.--It is the sense of the Senate that detainees housed at Guantanamo Bay, Cuba, including senior members of al Qaeda, should not be released into American society, nor should they be transferred stateside into facilities in American communities and neighborhoods.

______

SA 2352. Mr. DeMINT proposed an amendment to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

TITLE __--SECRET BALLOT PROTECTION

SEC. _01. SHORT TITLE.

This title may be cited as the ``Secret Ballot Protection Act of 2007''.

SEC. _02. FINDINGS.

Congress makes the following findings:

(1) The right of employees under the National Labor Relations Act (29 U.S.C. 151 et seq.) to choose whether to be represented by a labor organization by way of secret ballot election conducted by the National Labor Relations Board is among the most important protections afforded under Federal labor law.

(2) The right of employees to choose by secret ballot is the only method that ensures a choice free of coercion, intimidation, irregularity, or illegality.

(3) The recognition of a labor organization by using a private agreement, rather than a secret ballot election overseen by the National Labor Relations Board, threatens the freedom of employees to choose whether to be represented by a labor organization, and severely limits the ability of the National Labor Relations Board to ensure the protection of workers.

SEC. _03. NATIONAL LABOR RELATIONS ACT.

(a) Recognition of Representative.--

(1) In general.--Section 8(a)(2) of the National Labor Relations Act (29 U.S.C. 158(a)(2)) is amended by inserting before the colon the following: ``or to recognize or bargain collectively with a labor organization that has not been selected by a majority of such employees in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9''.

(2) Application.--The amendment made by paragraph (1) shall not apply to collective bargaining relationships in which a labor organization with majority support was lawfully recognized prior to the date of enactment of this Act.

(b) Election Required.--

(1) In general.--Section 8(b) of the National Labor Relations Act (29 U.S.C. 158(b)) is amended--

(A) in paragraph (6), by striking ``and'' at the end;

(B) in paragraph (7), by striking the period at the end and inserting ``; and''; and

``(8) to cause or attempt to cause an employer to recognize or bargain collectively with a representative of a labor organization that has not been selected by a majority of such employees in a secret ballot election conducted by the National Labor Relations Board in accordance with section 9.''.

(2) Application.--The amendment made by paragraph (1) shall not apply to collective bargaining relationships that were recognized prior to the date of enactment of this Act.

(1) by striking ``Representatives'' and inserting ``(1) Representatives'';

(2) by inserting after ``designated or selected'' the following: ``by a secret ballot election conducted by the National Labor Relations Board in accordance with this section''; and

(3) by adding at the end the following:

``(2) The secret ballot election requirement under paragraph (1) shall not apply to collective bargaining relationships that were recognized before the date of the enactment of the Secret Ballot Protection Act of 2007.''.

SEC. _04. REGULATIONS AND AUTHORITY.

(a) Regulations.--Not later than 6 months after the date of the enactment of this Act, the National Labor Relations Board shall review and revise all regulations promulgated prior to such date of enactment to implement the amendments made by this title.

(b) Authority.--Nothing in this title (or the amendments made by this title) shall be construed to limit or otherwise diminish the remedial authority of the National Labor Relations Board.

______

SA 2353. Mr. KYL submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. _. REPEAL OF INDIVIDUAL ALTERNATIVE MINIMUM TAX.

(a) In General.--Section 55(a) of the Internal Revenue Code of 1986 (relating to alternative minimum tax imposed) is amended by adding at the end the following new flush sentence:

``For purposes of this title, the tentative minimum tax on any taxpayer other than a corporation for any taxable year beginning after December 31, 2007, shall be zero.''.

(b) Modification of Limitation on Use of Credit for Prior Year Minimum Tax Liability.--Subsection (c) of section 53 of the Internal Revenue Code of 1986 (relating to credit for prior year minimum tax liability) is amended to read as follows:

``(c) Limitation.--

``(1) In general.--Except as provided in paragraph (2), the credit allowable under subsection (a) for any taxable year shall not exceed the excess (if any) of--

``(A) the regular tax liability of the taxpayer for such taxable year reduced by the sum of the credits allowable under subparts A, B, D, E, and F of this part, over

``(B) the tentative minimum tax for the taxable year.

``(2) Taxable years beginning after 2007.--In the case of any taxable year beginning after 2007, the credit allowable under subsection (a) to a taxpayer other than a corporation for any taxable year shall not exceed 90 percent of the regular tax liability of the taxpayer for such taxable year reduced by the sum of the credits allowable under subparts A, B, D, E, and F of this part.''.

______

SA 2354. Mrs. HUTCHISON submitted an amendment intended to be proposed to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; which was ordered to lie on the table; as follows:

At the end of title VIII of the Higher Education Access Act of 2007, add the following:

SEC. 802. REPEAL OF SUNSET ON MARRIAGE PENALTY RELIEF.

Title IX of the Economic Growth and Tax Relief Reconciliation Act of 2001 (26 U.S.C. 1 note) (relating to sunset of provisions of such Act) shall not apply to sections 301, 302, and 303 (relating to marriage penalty relief) of such Act (26 U.S.C. 1 note, 32) .

______

SA 2355. Mr. ENSIGN proposed an amendment to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. __. PRECLUSION OF SOCIAL SECURITY CREDITS PRIOR TO

ENUMERATION OR FOR ANY PERIOD WITHOUT WORK

AUTHORIZATION.

(a) Insured Status.--Section 214 of the Social Security Act

(42 U.S.C. 414) is amended by adding at the end the following:

``(d)(1) Except as provided in paragraph (2)--

``(A) 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 Higher Education Access Act of 2007, such quarter of coverage is earned prior to the year in which such social security account number is assigned; and

``(B) no quarter of coverage shall be credited for purposes of this section for any calendar year, with respect to an individual who is not a natural-born United States citizen, unless the Commissioner of Social Security determines, on the basis of information provided to the Commissioner in accordance with an agreement entered into under subsection

(e) or otherwise, that the individual was authorized to be employed in the United States during such quarter.

``(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).

``(e) Not later than 180 days after the date of the enactment of the Higher Education Access Act of 2007, the Secretary of Homeland Security shall enter into an agreement with the Commissioner of Social Security to provide such information as the Commissioner determines necessary to carry out the limitations on crediting quarters of coverage under subsection (d). Nothing in this subsection may be construed as establishing an effective date for purposes of this section.''.

(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:

``(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 Higher Education Access 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 2356. Mr. SALAZAR proposed an amendment to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the appropriate place insert the following:

Since I. Lewis ``Scooter'' Libby previously served as Chief of Staff to Vice President Dick Cheney;

Since Mr. Libby was convicted in Federal court of perjury and obstruction of justice in connection with efforts by the Bush White House to conceal the fact that Administration officials leaked the name of a covert CIA agent in order to discredit her husband, a critic of the Iraq War;

Since U.S. District Court Judge Reggie Walton sentenced Mr. Libby to 30 months in prison to reflect the seriousness of the offense, the sensitivity of the national security information involved in Libby's crime, and the abuse of Mr. Libby's position of trust in the United States government;

Since President Bush chose to commute Mr. Libby's prison sentence in its entirety, thereby entitling Libby to evade serious punishment for his criminal conduct;

Since President Bush has refused to rule out the possibility that he will eventually issue a full pardon to Mr. Libby with respect to his criminal conviction;

Now therefore be it determined, that it is the Sense of the Senate that President Bush should not issue a pardon to I. Lewis ``Scooter'' Libby.

______

SA 2357. Mr. McCONNELL proposed an amendment to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

Deploring the actions of former President William Jefferson Clinton regarding his granting of clemency to terrorists, to family members, donors, and individuals represented by family members, to public officials of his own political party, and to officials who violated laws protecting United States intelligence, and concluding that such actions by former President Clinton were inappropriate.

Since the Armed Forces of National Liberation (the FALN) is a terrorist organization that claims responsibility for the bombings of approximately 130 civilian, political, and military sites throughout the United States, and whereas, on August 11, 1999, President Clinton commuted the sentences of 16 terrorists, all of whom were members of the FALN, and whereas this action was taken counter to the recommendation of the Federal Bureau of Investigation, the Federal Bureau of Prisons, and two United States Attorneys;

Since, on January 20, 2001, former President Clinton commuted the sentence of Susan L. Rosenberg, a former member of the Weather Underground Organization terrorist group whose mission included the violent overthrow of the United States Government, who was charged in a robbery that left a security guard and 2 police officers dead;

Since, on January 20, 2001, former President Clinton commuted the sentence of Linda Sue Evans, a former member of the Weather Underground Organization terrorist group, who made false statements and used false identification to illegally purchase firearms that were then used by Susan L. Rosenberg in a robbery that left a security guard and 2 police officers dead;

Since, on January 20, 2001, former President Clinton pardoned Patricia Hearst Shaw, a former member of the Symbionese Liberation Army, a domestic terrorist group which also advocated the violent overthrow of the United States, and that carried out violent attacks in the United States;

Since, on January 20, 2001, former President Clinton pardoned his half-brother Roger Clinton, who had been convicted of conspiracy to distribute cocaine and of distribution of cocaine;

Since, on March 15, 2000, former President Clinton pardoned Edgar and Vonna Jo Gregory, who had been convicted of conspiracy to willfully misapply bank funds and to make false statements and who, according to news reports, were represented by the former President's brother-in-law, Tony Rodham;

Since, on January 20, 2001, former President Clinton commuted the sentence of Carlos Vignali, a convicted cocaine trafficker who, according to news reports, was represented by the former President's brother-in-law, Hugh Rodham;

Since, on January 20, 2001, former President Clinton pardoned Almon Glenn Braswell, an individual convicted of money laundering and tax evasion, who according to news reports, was represented by former President's brother-in-law, Hugh Rodham;

Since, on December 22, 2000, former President Clinton pardoned former Democratic Representative Dan Rostenkowski, who had been convicted of mail fraud;

Since, on January 20, 2001, former President Clinton commuted the sentence of convicted sex offender and former Democratic Representative Mel Reynolds, who had been found guilty of bank fraud, wire fraud, making false statements to a financial institution, conspiracy to defraud the Federal Elections Commission, and making false statements to a Federal official;

Since, on January 20, 2001, former President Clinton pardoned his former Secretary of Housing and Urban Development Henry Cisneros, who had been convicted of making false statements about payments to his mistress;

Since, on January 20, 2001, former President Clinton pardoned Susan McDougal, who had been a key figure in the Whitewater investigation and who had been convicted of aiding and abetting, in making false statements, and who refused to testify against the former President in the investigation;

Since, on January 20, 2001, former President Clinton pardoned Christopher Wade, who was a real estate salesmen involved in the Whitewater matter;

Since, on January 20, 2001, former President Clinton pardoned his former Director of Central Intelligence John Deutch for his mishandling of national security secrets; and

Since, on January 20, 2001, former President Clinton pardoned Samuel Loring Morison, a former Navy intelligence analyst who was convicted on espionage charges: Now, therefore, be it determined that it is the sense of the Senate that

(1) former President Clinton's granting of clemency to 16 FALN terrorists, two former members of the Weather Underground Organization, and a former member of the Symbionese Liberation Army was inappropriate;

(2) former President Clinton's granting of clemency to individuals either in his family or represented by family members was inappropriate;

(3) former President Clinton's granting of clemency to public figures from his own political party was inappropriate;

(4) former President Clinton's pardons of individuals involved with the Whitewater investigation, a matter in which the former First Family was centrally involved, was inappropriate; and

(5) former President Clinton's pardons of individuals who have jeopardized intelligence gathering and operations was inappropriate.

______

SA 2358. Ms. STABENOW proposed an amendment to amendment SA 2355 proposed by Mr. Ensign to the amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

Strike all after line 1, page 1 and insert the following:

SEC. ___. PROHIBITION ON ILLEGAL ALIENS QUALIFYING FOR SOCIAL

SECURITY BENEFITS AND PRECLUSION OF SOCIAL

SECURITY CREDITS PRIOR TO ENUMERATION OR FOR

ANY PERIOD WITHOUT WORK AUTHORIZATION.

(a) Prohibition on Illegal Aliens Qualifying for Social Security Benefits.--

(1) In general.--Nothing in this Act, or the amendments made by this Act, shall be construed to modify any provision of current law that prohibits illegal aliens from qualifying for Social Security benefits.

(2) Enforcement.--The Attorney General shall ensure that the prohibition on the receipt of Social Security by illegal aliens is strictly enforced.

(b) Preclusion of Social Security Credits Prior to Enumeration or for Any Period Without Work Authorization.--

(1) Insured status.--Section 214 of the Social Security Act

(42 U.S.C. 414) is amended by adding at the end the following new subsections:

``(d)(1) Except as provided in paragraph (2)--

``(A) 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 this Act, such quarter of coverage is earned prior to the year in which such social security account number is assigned; and

``(B) no quarter of coverage shall be credited for purposes of this section for any calendar year, with respect to an individual who is not a United States citizen if the Commissioner of Social Security determines, on the basis of information provided to the Commissioner in accordance with an agreement entered into under subsection (e) or otherwise, that the individual was not authorized to be employed in the United States during such quarter.

``(e) Not later than 180 days after the date of this Act the Secretary of Homeland Security shall enter into an agreement with the Commissioner of Social Security to provide such information as the Commissioner determines necessary to carry out the limitations on crediting quarters of cover under subsection, (d), however, this provision shall not be construed to establish an effective date for purposes of this section.''.

(2) Benefit computation.--Section 215(e) of such Act (42 U.S.C. 4159e)) is amended --

(A) by striking ``and'' at the end of paragraph (1);

(B) by striking the period at the end of paragraph (2) and inserting ``and''; and

``(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 this Act, 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).''.

(3) Effective date.--The amendments made by this subsection shall be effective as of the date of enactment of this Act.

______

SA 2359. Mr. COLEMAN proposed an amendment to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the end, add the following:

SEC. ___. INNOCENT CHILD PROTECTION.

(a) In General.--It shall be unlawful for any authority, military or civil, of the United States, a State, or any district, possession, commonwealth or other territory under the authority of the United States, to carry out a sentence of death on a woman while she carries a child in utero.

(b) Definition.--In this section, the term ``child in utero'' means a member of the species homo sapiens, at any stage of development, who is carried in the womb.

______

SA 2360. Mr. GRAHAM proposed an amendment to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

Strike section 701 of the Higher Education Access Act of 2007, relating to student eligibility.

______

SA 2361. Mr. SCHUMER proposed an amendment to amendment SA 2341 submitted by Mr. Sununu to the amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

In the amendment strike all after the first word and insert the following:

It is the sense of the Senate that Congress should provide tax relief to help families afford the cost of higher education, including making tuition deductible against taxes, and eliminate wasteful spending, such as spending on unnecessary tax loopholes, in order to fully offset the cost and avoid forcing taxpayers to pay substantially more interest to foreign creditors; and that such relief should be provided on an appropriate legislative vehicle that won't jeopardize legislation providing greater access and affordability to higher education for millions of students by subjecting the bill to a ``blue slip'' by the House.

______

SA 2362. Mr. DeMINT proposed an amendment to amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

At the appropriate place, insert the following:

SEC. ___. REPEAL OF APPLICABILITY OF SUNSET OF THE ECONOMIC

GROWTH AND TAX RELIEF RECONCILIATION ACT OF

2001 WITH RESPECT TO ADOPTION CREDIT AND

ADOPTION ASSISTANCE PROGRAMS.

Section 901 of the Economic Growth and Tax Relief Reconciliation Act of 2001 is amended by adding at the end the following new subsection:

``(c) Exception.--Subsection (a) shall not apply to the amendments made by section 202 (relating to expansion of adoption credit and adoption assistance programs).''.

______

SA 2363. Ms. LANDRIEU proposed an amendment to amendment SA 2362 proposed by Mr. DeMint to the amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

Strike all after the first word and insert:

It is the sense of the Senate that Congress should permanently extend the adoption tax credit and eliminate wasteful spending, such as spending on unnecessary tax loopholes, in order to fully offset the cost and avoid forcing taxpayers to pay substantially more interest to foreign creditors; and that such relief should be provided on an appropriate legislative vehicle that won't jeopardize legislation providing greater access and affordability to higher education for millions of students by subjecting the bill to a ``blue slip'' by the House.

______

SA 2364. Mr. KERRY proposed an amendment to amendment SA 2353 submitted by Mr. Kyl to the amendment SA 2327 proposed by Mr. Kennedy to the bill H.R. 2669, to provide for reconciliation pursuant to section 601 of the concurrent resolution on the budget for fiscal year 2008; as follows:

Strike all after the first word and insert:

It is the sense of the Senate that Congress should provide relief from the Alternative Minimum Tax to prevent the expansion of the AMT to nearly 23 million taxpayers in 2007 and eliminate wasteful spending, such as spending on unnecessary tax loopholes, in order to fully offset the cost of such repeal and avoid forcing taxpayers to pay substantially more interest to foreign creditors; and that such relief should be provided on an appropriate legislative vehicle that won't jeopardize legislation providing greater access and affordability to higher education for millions of students by subjecting the bill to a ``blue slip'' by the House.

____________________

SOURCE: Congressional Record Vol. 153, No. 116

Congressional Record publishes “TEXT OF AMENDMENTS” on July 19, 2007

Congressional Record publishes “TEXT OF AMENDMENTS” on July 19, 2007

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