June 25, 2007: Congressional Record publishes “TEXT OF AMENDMENTS”

June 25, 2007: Congressional Record publishes “TEXT OF AMENDMENTS”

ORGANIZATIONS IN THIS STORY

Volume 153, No. 103 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 S8365-S8369 on June 25, 2007.

The publication is reproduced in full below:

TEXT OF AMENDMENTS

SA 1871. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 572, line 2, strike ``may'' and insert ``shall''.

On page 572, lines 20 and 21, strike ``by the end of the next business day''.

On page 573, line 19, strike ``or the end of the next business day, whichever is sooner''.

On page 584, line 22, strike ``may'' and insert ``shall''.

______

SA 1872. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 570, line 21, strike ``If, during the one-year'' and all that follows through page 571, line 2.

______

SA 1873. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 574, strike line 22 and all that follows through page 575, line 6.

______

SA 1874. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 608, strike line 3 and all that follows through

``(b)'' on line 7.

______

SA 1875. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

At the appropriate place, insert the following:

SEC. __. ALLOCATION OF FIELD AGENTS.

(a) In General.--Section 103(f) (8 U.S.C. 1103(f)) is amended to read as follows:

``(f) Minimum Number of Agents Allocated to States.--

``(1) In general.--The Secretary of Homeland Security shall allocate to each State--

``(A) not fewer than 40 full-time active duty agents of United States Immigration and Customs Enforcement to--

``(i) investigate immigration violations; and

``(ii) ensure the departure of all removable aliens; and

``(B) not fewer than 15 full-time active duty agents of United States Citizenship and Immigration Services to carry out immigration and naturalization adjudication functions.

``(2) Waiver.--The Secretary may waive the requirement under paragraph (1) for any State with a population of fewer than 2,000,000 residents, according to the most recent information published by the Bureau of the Census.''.

(b) Effective Date.--The amendment made by subsection (a) shall take effect on the date that is 90 days after the date of the enactment of this Act.

______

SA 1876. Mr. INHOFE (for himself and Mr. Grassley) submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 582, strike line 11 and all that follows through page 584, line 4, and insert the following:

(I) Requirement at first renewal.--At or before the time of application for the first extension of Z nonimmigrant status, an alien who is 18 years of age or older shall meet the requirements under section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)).

(II) Exception.--The requirement under subclause (I) shall not apply to any person who, on the date of the filing of the person's application for an extension of Z nonimmigrant status--

(aa) is unable to comply because of physical or developmental disability or mental impairment to comply with such requirement; or

(bb) is older than 65 years of age and has been living in the United States for periods totaling not less than 20 years.

______

SA 1877. Mr. INHOFE (for himself and Mr. Grassley) submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 580 between lines 7 and 8, insert the following:

(6) English and civics.--An alien who is 18 years of age or older shall meet the requirements under section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)).

______

SA 1878. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 619, strike line 3 and all that follows through

``(b)'' on line 7.

______

SA 1879. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 580, between lines 7 and 8, insert the following:

(6) Medical examination.--An applicant for Z nonimmigrant status shall, at the alien's expense, obtain proper immunizations and undergo an appropriate medical examination that conforms to generally accepted professional standards of medical practice.

______

SA 1880. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 5, between 11 and 12, insert the following:

(7) Staff enhancements for interior enforcement.--The Assistant Secretary for Immigration and Customs Enforcement has hired not less than 2,000 additional special agents to conduct investigations, including worksite enforcement.

______

SA 1881. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 5, between lines 11 and 12, insert the following:

(7) USCIS adjudicators.--The Director of United States Citizenship and Immigration Service has hired 300 additional adjudicators.

______

SA 1882. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 685, strike lines 15 through 17 and insert the following:

``(C) Of the amounts collected under this paragraph--

``(i) 14.38 percent shall be deposited in the Treasury in accordance with section 286(aa); and

``(ii) 85.72 percent shall be deposited in the Treasury in accordance with section 286(bb).''.

(b) Use of Additional Fee.--Section 286 of the Immigration and Nationality Act, as amended by sections 2, 402(b), 623, and 714 of this Act, is further amended--

(1) by inserting after subsection (z), as added by section 2, the following:

``(aa) Gifted and Talented Students Education Account.--

``(1) In general.--There is established in the general fund of the Treasury a separate account, which shall be known as the `Gifted and Talented Students Education Account'. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account 14.38 percent of the fees collected under section 214(c)(15).

``(2) Use of fees.--Amounts deposited into the account established under paragraph (1) shall remain available to the Secretary of Education until expended for programs and projects authorized under the Jacob K. Javits Gifted and Talented Students Education Act of 2001 (20 U.S.C. 7253 et seq.).''; and

(2) by redesignating subsection (x), as added by section 714, as subsection (bb), and moving such subsection to the end of section 286.

______

SA 1883. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 478, strike line 23 and all that follows through page 479, line 23, and insert the following:

(a) H-1B Amendments.--Section 214(g) of the Immigration and Nationality Act (8 U.S.C. 1184(g)) is amended--

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

``(A) under section 101(a)(15)(H)(i)(b) may not exceed 200,000 for each fiscal year; or'';

(2) by striking paragraphs (6), (7), and (8), as redesignated by section 409(2); and

(3) in paragraph (9), as redesignated by section 409(2)--

(A) in subparagraph (B)--

(i) in clause (ii), by striking ``The annual numeric limitations described in clause (i) shall not exceed`` and inserting the following: ``Without respect to the annual numeric limitation described in clause (i), the Secretary may issue a visa or otherwise grant nonimmigrant status pursuant to section 101(a)(15)(H)(i)(b) in the following quantities:''; and

(ii) by striking clause (iv); and

(B) by striking subparagraph (D).

______

SA 1884. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 568, strike line 5 and all that follows through line 24, and insert the following:

(B) Penalty.--An alien making an initial application for Z nonimmigrant status shall pay a penalty of $5,000, in addition to the processing fee required under subparagraph

(A).

______

SA 1885. Mr. VITTER submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 366, line 38, strike ``not''.

______

SA 1886. Mrs. DOLE submitted an amendment intended to be proposed by her to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 595, between lines 12 and 13, insert the following:

(s) Definition of Aggravated Felony and Additional Grounds for Ineligibility for Z Nonimmigrant Status.--

(1) Aggravated felony.--Section 101(a)(43) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended--

(A) by striking ``and'' at the end of subparagraph (T);

(B) by striking the period at the end of subparagraph (U) and inserting ``; and'' and

(C) by adding at the end the following:

``(V) a second conviction for driving while under the influence of alcohol or drugs, regardless of the State in which the conviction occurred or whether the offense is classified as a misdemeanor or a felony under the law of that State.''.

(2) Grounds for ineligibility.--In addition to the grounds of ineligibility described in subsection (d)(1)(F), an alien shall be ineligible for Z nonimmigrant status if the alien has been convicted of driving while under the influence of alcohol or drugs, regardless of the State in which the conviction occurred or whether the offense is classified as a misdemeanor or a felony under the law of that State.

______

SA 1887. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 333, line 5, strike ``noncitizens'' and insert

``all citizens''.

On page 336, line 3, strike ``noncitizens'' and insert

``all citizens''.

______

SA 1888. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 530, between lines 2 and 3, insert the following:

(d) Visas for High Achieving Foreign Students.--

(1) In general.--Notwithstanding any other provision of this Act, any amendment made by this Act, or any other provision of law, for each fiscal year beginning after the date of the enactment of this Act, 10,000 of the immigrant visas allocated by section 203(a)(1) of the Immigration and Nationality Act for parents of a citizen of the United States shall be made available to aliens seeking immigrant visas under section 203(b) of the Immigration and Nationality Act who--

(A) achieve a score in the top 10th percentile on the Scholastic Aptitude Test or the American College Testing placement exam administered in that fiscal year; and

(B) take the exams described in subparagraph (A) in the English language.

(2) Limitation.--If more than 10,000 aliens described in paragraph (1) apply for immigrant visas in a fiscal year, the 10,000 such aliens with the highest scores on the exams described in paragraph (1)(A) shall receive immigrant visas.

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SA 1889. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 526, strike line 3 and all that follows through page 529, line 12, and insert the following:

``(A) The merit-based evaluation system shall initially consist of the following criteria and weights:

------------------------------------------------------------------------

Maximum

``Category Description points

------------------------------------------------------------------------

``Employment ....................... 47

Occupation U.S. employment in

specialty occupation.

(as defined by the

Department of Labor)-

20 pts.

U.S. employment in high

demand occupation (the

30 occupations that

have grown the most in

the preceding 10-year

period, as determined

by the Bureau of Labor

Statistics)-16 pts.

National interest/critical U.S. employment in STEM

infrastructure or health occupation,

current for at least 1

year-8 pts

(extraordinary or

ordinary).

Employer endorsement A U.S. employer willing

to pay 50% of a legal

permanent resident's

application fee either

1) offers a job, or 2)

attests for a current

employee-6 pts.

Experience Years of work for U.S.

firm-2 pts/year.

(max 10 points).......

Age of worker Worker's age: 25-39-3

pts.

------------------------------------------------------------------------

``Education M.D., M.B.A., Graduate 28

(terminal degree) degree, etc.-20 pts.

Bachelor's Degree-16

pts.

Associate's Degree-10

pts.

High school diploma or

GED-6 pts.

Completed certified

Perkins Vocational

Education program-5

pts.

Completed Department of

Labor Registered

Apprenticeship-8 pts.

STEM, associates and

above-8 pts.

------------------------------------------------------------------------

``English and civics Native speaker of 15

English or.

TOEFL score of 75 or

higher-15 pts.

TOEFL score of 60-74-10

pts.

Pass USCIS Citizenship

Tests in English &

Civics-6 pts.

------------------------------------------------------------------------

``Extended family Adult (21 or older) son 10

(Applied if threshold of 55 in or daughter of United

above categories) States citizen-8 pts.

Adult (21 or older) son

or daughter of a legal

permanent resident-6

pts.

Sibling of United

States citizen or LPR-

4 pts.

If had applied for a

family visa in any of

the above categories

after May 1, 2005-2

pts.

------------------------------------------------------------------------

``Total ....................... 100

------------------------------------------------------------------------

``(B) The Secretary of Homeland Security, after consultation with the Secretary of Commerce and the Secretary of Labor, shall establish procedures to adjudicate petitions filed pursuant to the merit-based evaluation system. The Secretary may establish a time period in a fiscal year in which such petitions must be submitted.

``(C) The Standing Commission on Immigration and Labor Markets established pursuant to section 412 of the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007 shall submit recommendations to Congress concerning the establishment of procedures for modifying the selection criteria and relative weights accorded such criteria in order to ensure that the merit-based evaluation system corresponds to the current needs of the United States economy and the national interest.

``(D) No modifications to the selection criteria and relative weights accorded such criteria that are established by the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007 should take effect earlier than the sixth fiscal year in which aliens described in section 101(a)(15)(Z) are eligible for an immigrant visa.

``(E) The application of the selection criteria to any particular visa petition or application pursuant to the merit-based evaluation system shall be within the Secretary's sole and unreviewable discretion.

``(F) Any petition filed pursuant to this paragraph that has not been found by the Secretary to have qualified in the merit-based evaluation system shall be deemed denied on the first day of the third fiscal year following the date on which such petition was filed. Such denial shall not preclude the petitioner from filing a successive petition pursuant to this paragraph. Notwithstanding this paragraph, the Secretary may deny a petition when denial is appropriate under other provisions of law, including section 204(c).

``(G) Notwithstanding any other provision of this Act, an alien seeking Z nonimmigrant status pursuant to section 101(a)(15)(Z) shall--

``(i) be subject to the requirements of the merit-based evaluation system in the same manner and to the same extent as aliens seeking visas under this section; and

``(ii) shall be exempt from the worldwide level of merit-based, special, and employment creation immigrants provided under section 201(d).''.

______

SA 1890. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

Strike section 603, and insert the following:

SEC. 603. ADMINISTRATIVE REVIEW, REMOVAL PROCEEDINGS, AND

JUDICIAL REVIEW FOR ALIENS WHO HAVE APPLIED FOR

LEGAL STATUS.

(a) Administrative Review for Aliens Who Have Applied for Status Under This Title.--Notwithstanding any other provision of this Act, any amendment made by this Act, or any other provision of law, including section 2241 of title 28, United States Code, or any other habeas corpus provision, and sections 1361 and 1651 of such title, a denial, termination, or recession of benefits or status under this title may not be reviewed by any court, and no court shall have jurisdiction to hear any claim arising from, or any challenge to, such a denial, termination, or recession.

(b) Removal of Aliens Who Have Been Denied Status Under This Title.--

(1) In general.--Notwithstanding any other provision of this Act, an alien whose application for status under this title has been denied or whose status has been terminated or revoked by the Secretary shall be placed immediately in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).

(2) Aliens who are determined to be ineligible due to criminal convictions.--

(A) Aggravated felons.--Notwithstanding any other provision of this Act, an alien whose application for status under this title has been denied or whose status has been terminated or revoked by the Secretary under section 601(d)(1)(F)(ii) because the alien has been convicted of an aggravated felony, as defined in paragraph 101(a)(43) of the Immigration and Nationality Act, shall be placed immediately in removal proceedings pursuant to section 238(b) of such Act (8 U.S.C. 1228(b)).

(B) Other criminals.--Notwithstanding any other provision of this Act, any other alien whose application for status under this title has been denied or whose status has been terminated or revoked by the Secretary under clause (i),

(iii), or (iv) of section 601(d)(1)(F) shall be placed immediately in removal proceedings under section 240 of the Immigration and Nationality Act (8 U.S.C. 1229a).

(C) Final denial, termination, or rescission.--The Secretary's denial, termination, or rescission of the status of any alien described in subparagraph (A) or (B) shall be final for purposes of section 242(h)(3)(C) of the Immigration and Nationality Act and shall represent the exhaustion of all review procedures for purposes of sections 601(h) and 601(o).

(3) Limitation on motions to reopen and reconsider.--During the removal process under this subsection, an alien may file not more than 1 motion to reopen or to reconsider. The Secretary's or the Attorney General's decision whether to consider any such motion is in the discretion of the Secretary or the Attorney General.

______

SA 1891. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 184, line 12, strike ``(b)'' and insert the following:

(b) 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 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.

(c) 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.

(C) Procedure for removal of erroneous information.--

(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

(C) by inserting after paragraph (3) the following:

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

(d)

______

SA 1892. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 559, strike line 17 and all that follows through

``January 1, 2007'' on page 561, line 9, and insert the following:

``(Z) subject to title VI of the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007, an alien who--

``(i) is physically present in the United States, has maintained continuous physical presence in the United States since January 7, 2004, is employed, and seeks to continue performing labor, services or education;

``(ii) is physically present in the United States, has maintained continuous physical presence in the United States since January 7, 2004, and such alien--

``(I) is the spouse or parent (65 years of age or older) of an alien described in clause (i); or

``(II) was, within 2 years of the date on which the Secure Borders, Economic Opportunity, and Immigration Reform Act of 2007 was introduced in the Senate, the spouse of an alien who was subsequently classified as a Z nonimmigrant under this section, or is eligible for such classification, if--

``(aa) the termination of the relationship with such spouse was connected to domestic violence; and

``(bb) the spouse has been battered or subjected to extreme cruelty by the spouse or parent, who is a Z nonimmigrant; or

``(iii) is under 18 years of age at the time of application for nonimmigrant status under this subparagraph, is physically present in the United States, has maintained continuous physical presence in the United States since January 7, 2004, and was born to or legally adopted by at least 1 parent who is at the time of application described in clause (i) or (ii).''.

(c) Presence in the United States.--

(1) In general.--The alien shall establish that the alien was not lawfully present in the United States on January 7, 2004

______

SA 1893. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 564, lines 13 and 14, strike ``(6)(B), (6)(C)(i),

(6)(C)(ii), (6)(D), (6)(F), (6)(G), (7), (9)(B),

(9)(C)(i)(I),'' and insert ``(6)(C)(i), (6)(C)(ii), (6)(D),

(6)(G), (7),''.

______

SA 1894. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

At the end of section 1, insert the following:

(e) Submission to Congress.--

(1) In general.--Except as provided under paragraph (2), not later than 54 months after the date of the enactment of this Act, the Secretary shall submit a written certification to the President and Congress that--

(A) the border security and other measures described in subsection (a) are funded, in place, and in operation; and

(B) there are fewer than 1,000,000 individuals who are unlawfully present in the United States.

(2) Effect of lack of certification.--If the border security and other measures described in subsection (a) are not funded, are not in place, are not in operation, or if more than 1,000,000 individuals are unlawfully present in the United States on the date that is 54 months after the date of the enactment of this Act, title VI shall be immediately repealed and the legal status and probationary benefits granted to aliens under such title shall be terminated.

______

SA 1895. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 570, beginning on line 21, strike ``If, during the one-year initial period'' and all that follows through page 571, line 2.

______

SA 1896. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 616, lines 23 and 24, strike ``or any probationary benefits based upon application for such status''.

______

SA 1897. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 572, strike line 15 and all that follows through page 573, line 20, and insert the following:

(1) In general.--An alien who files an application for Z nonimmigrant status, upon submission of any evidence required under subsections (f) and (g) and after the Secretary has conducted appropriate background checks, to include name and fingerprint checks, that do not produce information rendering the applicant ineligible--

(A) shall be granted probationary benefits in the form of employment authorization pending final adjudication of the alien's application;

(B) may in the Secretary's discretion receive advance permission to re-enter the United States pursuant to existing regulations governing advance parole;

(C) may not be detained for immigration purposes, determined inadmissible or deportable, or removed pending final adjudication of the alien's application, unless the alien is determined to be ineligible for Z nonimmigrant status; and

(D) may not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act

(8 U.S.C. 1324a(h)(3))) unless employment authorization under subparagraph (A) is denied.

(2) Timing of probationary benefits.--No probationary benefits shall be issued to an alien until the alien has passed all appropriate background checks.

______

SA 1898. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 549, lines 18 through 23, strike ``. The requirement that the alien have a residence in a foreign country which the alien has no intention of abandoning shall not apply to an alien described in section 214(s) who is seeking to enter as a temporary visitor for pleasure''.

______

SA 1899. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

Beginning on page 582, strike line 9 and all that follows through page 583, line 17, and insert the following:

(ii) English language and civics.--

(I) Requirement at first renewal.--At or before the time of application for the first extension of Z nonimmigrant status, an alien who is 18 years of age or older must demonstrate an attempt to gain an understanding of the English language and knowledge of United States civics by taking the naturalization test described in paragraphs (1) and (2) of section 312(a) of the Immigration and Nationality Act (8 U.S.C. 1423(a)) and by demonstrating enrollment in or placement on a waiting list for English classes.

(II) Requirement at second renewal.--At or before the time of application for the second extension of Z nonimmigrant status, an alien who is 18 years of age or older must pass the naturalization test described in such paragraphs (1) and

(2) of such section 312(a).

(III) Requirement at third renewal.--At or before the time of application for the third extension of Z nonimmigrant status, an alien who is 18 years of age or older must take the Test of English as a Foreign Language (TOEFL) administered by the Educational Testing Service.

(IV) Requirement at fourth renewal.--At or before the time of application for the fourth extension of Z nonimmigrant status, an alien who is 18 years of age or older must retake the TOEFL and receive the lower of--

(aa) a score of not less than 70; or

(bb) a score of not less than 20 points higher than the score the alien received when the alien took the TOEFL pursuant to subclause (III).

(V) Exception.--The requirements of subclauses (I), (II),

(III), and (IV) shall not apply to any person who, on the date of the filing of the person's application for an extension of Z nonimmigrant status--

______

SA 1900. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 570, between lines 3 and 4, insert the following:

(8) Good moral character.--The alien shall establish that the alien has been a person of good moral character, as described in section 101(f) of the Immigration and Nationality Act (8 U.S.C. 1101(f)), for the entire period of the alien's unlawful presence in the United States.

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SA 1901. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

On page 26, strike line 6 and all that follows through page 27, line 7, and insert the following:

SEC. 113. DETENTION OF ALIENS FROM NONCONTIGUOUS COUNTRIES.

Section 236(a) of the Immigration and Nationality Act (8 U.S.C. 1226(a)) is amended--

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

(2) in paragraph (2)(B), by striking ``but'' at the end;

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

(4) by adding at the end the following:

``(4) may not provide the alien with release on bond or with conditional parole if the alien--

``(A) is a national of a noncontiguous country;

``(B) has not been admitted or paroled into the United States; and

``(C) was apprehended within 100 miles of the international border of the United States or presents a flight risk, as determined by the Secretary of Homeland Security.''.

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SA 1902. Mr. SESSIONS submitted an amendment intended to be proposed by him to the bill S. 1639, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:

Strike section 602 and insert the following:

SEC. 602. ADJUSTMENT SHALL BE UNAVAILABLE FOR Z STATUS

ALIENS.

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

(1) a Z nonimmigrant shall not be adjusted to the status of a lawful permanent resident; and

(2) nothing in this section shall be construed to limit the number of times that a Z nonimmigrant can renew the nonimmigrant's status.

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SOURCE: Congressional Record Vol. 153, No. 103

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