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 S6484-S6490 on May 22, 2007.
The publication is reproduced in full below:
TEXT OF AMENDMENTS
SA 1151. Mr. INHOFE (for himself, Mr. Alexander, Mr. Sessions, Mr. Enzi, Mr. Chambliss, Mr. Burr, Mr. Isakson, Mr. Bunning, and Mr. Coleman) submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
Strike section 702 and insert the following:
SEC. 702. ENGLISH AS NATIONAL LANGUAGE.
(a) Short Title.--This section may be cited as the ``S.I. Hayakawa National Language Amendment Act of 2007''.
(b) In General.--Title 4, United States Code, is amended by adding at the end the following new chapter:
``CHAPTER 6--LANGUAGE OF THE GOVERNMENT
``Sec.
``161. Declaration of national language.
``162. Preserving and enhancing the role of the national language.
``163. Use of language other than English.
``SEC. 161. DECLARATION OF NATIONAL LANGUAGE.
``English shall be the national language of the Government of the United States.
``SEC. 162. PRESERVING AND ENHANCING THE ROLE OF THE NATIONAL
LANGUAGE.
``(a) In General.--The Government of the United States shall preserve and enhance the role of English as the national language of the United States of America.
``(b) Exception.--Unless specifically provided by statute, no person has a right, entitlement, or claim to have the Government of the United States or any of its officials or representatives act, communicate, perform or provide services, or provide materials in any language other than English. If an exception is made with respect to the use of a language other than English, the exception does not create a legal entitlement to additional services in that language or any language other than English.
``(c) Forms.--If any form is issued by the Federal Government in a language other than English (or such form is completed in a language other than English), the English language version of the form is the sole authority for all legal purposes.
``SEC. 163. USE OF LANGUAGE OTHER THAN ENGLISH.
``Nothing in this chapter shall prohibit the use of a language other than English.''.
(c) Conforming Amendment.--The table of chapters for title 4, United States Code, is amended by adding at the end the following new item:
``6. Language of the Government..............................161''.....
______
SA 1152. Mr. BAUCUS submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. EMPLOYMENT VERIFICATION REQUIREMENT FOR FEDERAL
CONTRACTORS.
(a) In General.--A contractor shall not be eligible to be awarded a Federal contract for which registration with the Central Contractor Registration (CCR) database maintained under subpart 4.11 of the Federal Acquisition Regulation is required unless the contractor has verified as part of the Online Representations and Certifications Application (ORCA) process required under section 4.1201 of such subpart that the contractor is in compliance with paragraphs (1)(A) and
(2) of section 274A(a) of the Immigration and Nationality Act
(8 U.S.C. 1324A(a)).
(b) Implementation Through the Federal Acquisition Regulation.--Not later than 180 days after the date of the enactment of this Act, the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council shall amend the Federal Acquisition Regulation issued under sections 6 and 25 of the Office of Federal Procurement Policy Act (41 U.S.C. 405 and 421) to provide for the implementation of the verification requirement under subsection (a).
(c) Effective Date.--The requirement under subsection (a) shall apply with respect to contracts entered into on or after the date that is 180 days after the date of the enactment of this Act.
______
SA 1153. Mr. DORGAN (for himself and Mrs. Boxer) submitted an amendment intended to be proposed to amendment SA 1150 proposed by Mr. Reid (for Mr. Kennedy (for himself and Mr. Specter)) to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; as follows:
Strike subtitle A of title IV.
______
SA 1154. Ms. COLLINS submitted an amendment intended to be proposed by her to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the end of title IV, insert the following:
Subtitle D--H-1B Visa Fraud Prevention
SEC. 431. SHORT TITLE.
This subtitle may be cited as the ``H-1B Visa Fraud Prevention Act of 2007''.
SEC. 432. H-1B EMPLOYER REQUIREMENTS.
(a) Prohibition of Outplacement.--
(1) In general.--Section 212(n) (8 U.S.C. 1182(n)) is amended--
(A) in paragraph (1), by amending subparagraph (F) to read as follows:
``(F) The employer shall not place, outsource, lease, or otherwise contract for the placement of an alien admitted or provided status as an H-1B nonimmigrant with another employer if the worksite of the receiving employer is located in a different State;'' and
(B) in paragraph (2), by striking subparagraph (E).
(2) Effective date.--The amendments made by paragraph (1) shall apply to applications filed on or after the date of the enactment of this Act.
(b) Immigration Documents.--Section 204 (8 U.S.C. 1154) is amended by adding at the end the following:
``(l) Employer To Share All Immigration Paperwork Exchanged With Federal Agencies.--Not later than 10 working days after receiving a written request from a former, current, or future employee or beneficiary, an employer shall provide the employee or beneficiary with the original (or a certified copy of the original) of all petitions, notices, and other written communication exchanged between the employer and the Department of Labor, the Department of Homeland Security, or any other Federal agency that is related to an immigrant or nonimmigrant petition filed by the employer for the employee or beneficiary.''.
SEC. 433. H-1B GOVERNMENT AUTHORITY AND REQUIREMENTS.
(a) Safeguards Against Fraud and Misrepresentation in Application Review Process.--Section 212(n)(1) (8 U.S.C. 1182(n)) is amended--
(1) in the undesignated paragraph at the end, by striking
``The employer'' and inserting the following:
``(H) The employer''; and
(2) in subparagraph (H), as designated by paragraph (1) of this subsection--
(A) by inserting ``and through the Department of Labor's website, without charge.'' after ``D.C.'';
(B) by inserting ``, clear indicators of fraud, misrepresentation of material fact,'' after ``completeness'';
(C) by striking ``or obviously inaccurate'' and inserting
``, presents clear indicators of fraud or misrepresentation of material fact, or is obviously inaccurate'';
(D) by striking ``within 7 days of'' and inserting ``not later than 14 days after''; and
(E) by adding at the end the following: ``If the Secretary's review of an application identifies clear indicators of fraud or misrepresentation of material fact, the Secretary may conduct an investigation and hearing under paragraph (2).''.
(b) Investigations by Department of Labor.--Section 212(n)(2) is amended--
(1) in subparagraph (A), by striking ``The Secretary shall conduct'' and all that follows and inserting ``Upon the receipt of such a complaint, the Secretary may initiate an investigation to determine if such a failure or misrepresentation has occurred.'';
(2) in subparagraph (C)(i)--
(A) by striking ``a condition of paragraph (1)(B), (1)(E), or (1)(F)'' and inserting ``a condition under subparagraph
(B), (C)(i), (E), (F), (H), (I), or (J) of paragraph (1)''; and
(B) by striking ``(1)(C)'' and inserting ``(1)(C)(ii)'';
(3) in subparagraph (G)--
(A) in clause (i), by striking ``if the Secretary'' and all that follows and inserting ``with regard to the employer's compliance with the requirements of this subsection.'';
(B) in clause (ii), by striking ``and whose identity'' and all that follows through ``failure or failures.'' and inserting ``the Secretary of Labor may conduct an investigation into the employer's compliance with the requirements of this subsection.'';
(C) in clause (iii), by striking the last sentence;
(D) by striking clauses (iv) and (v);
(E) by redesignating clauses (vi), (vii), and (viii) as clauses (iv), (v), and (vi), respectively;
(F) by amending clause (v), as redesignated, to read as follows:
``(v) The Secretary of Labor shall provide notice to an employer of the intent to conduct an investigation. The notice shall be provided in such a manner, and shall contain sufficient detail, to permit the employer to respond to the allegations before an investigation is commenced. The Secretary is not required to comply with this clause if the Secretary determines that such compliance would interfere with an effort by the Secretary to investigate or secure compliance by the employer with the requirements of this subsection. A determination by the Secretary under this clause shall not be subject to judicial review.'';
(G) in clause (vi), as redesignated, by striking ``An investigation'' and all that follows through ``the determination.'' and inserting ``If the Secretary of Labor, after an investigation under clause (i) or (ii), determines that a reasonable basis exists to make a finding that the employer has failed to comply with the requirements under this subsection, the Secretary shall provide interested parties with notice of such determination and an opportunity for a hearing in accordance with section 556 of title 5, United States Code, not later than 120 days after the date of such determination.''; and
(H) by adding at the end the following:
``(vii) The Secretary of Labor may impose a penalty under subparagraph (C) if the Secretary, after a hearing, finds a reasonable basis to believe that--
``(I) the employer has violated the requirements under this subsection; and
``(II) the violation was not made in good faith.''; and
(4) by striking subparagraph (H).
(c) Information Sharing Between Department of Labor and Department of Homeland Security.--Section 212(n)(2), as amended by this section, is further amended by inserting after subparagraph (G) the following:
``(H) The Director of United States Citizenship and Immigration Services shall provide the Secretary of Labor with any information contained in the materials submitted by H-1B employers as part of the adjudication process that indicates that the employer is not complying with H-1B visa program requirements. The Secretary may initiate and conduct an investigation and hearing under this paragraph after receiving information of noncompliance under this subparagraph.''.
(d) Audits.--Section 212(n)(2)(A), as amended by this section, is further amended by adding at the end the following: ``The Secretary may conduct surveys of the degree to which employers comply with the requirements under this subsection and may conduct annual compliance audits of employers that employ H-1B nonimmigrants.''.
(e) Penalties.--Section 212(n)(2)(C), as amended by this section, is further amended--
(1) in clause (i)(I), by striking ``$1,000'' and inserting
``$2,000'';
(2) in clause (ii)(I), by striking ``$5,000'' and inserting
``$10,000''; and
(3) in clause (vi)(III), by striking ``$1,000'' and inserting ``$2,000''.
(f) Information Provided to H-1B Nonimmigrants Upon Visa Issuance.--Section 212(n), as amended by this section, is further amended by inserting after paragraph (2) the following:
``(3)(A) Upon issuing an H-1B visa to an applicant outside the United States, the issuing office shall provide the applicant with--
``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections;
``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the position that the H-1B nonimmigrant has been issued the visa to fill.
``(B) Upon the issuance of an H-1B visa to an alien inside the United States, the officer of the Department of Homeland Security shall provide the applicant with--
``(i) a brochure outlining the employer's obligations and the employee's rights under Federal law, including labor and wage protections;
``(ii) the contact information for Federal agencies that can offer more information or assistance in clarifying employer's obligations and workers' rights; and
``(iii) a copy of the employer's H-1B application for the position that the H-1B nonimmigrant has been issued the visa to fill.''.
SEC. 434. H-1B WHISTLEBLOWER PROTECTIONS.
Section 212(n)(2)(C)(iv) (8 U.S.C. 1182(n)(2)(C)(iv)) is amended--
(1) by inserting ``take, fail to take, or threaten to take or fail to take, a personnel action, or'' before ``to intimidate''; and
(2) by adding at the end the following: ``An employer that violates this clause shall be liable to the employees harmed by such violation for lost wages and benefits.''.
SEC. 435. FRAUD ASSESSMENT.
Not later than 30 days after the date of the enactment of this Act, the Director of United States Citizenship and Immigration Services shall submit to Congress a fraud risk assessment of the H-1B visa program.
______
SA 1155. Mrs. BOXER submitted an amendment intended to be proposed by her to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the end of title IV, insert the following:
SEC. 427. REPORT ON THE Y NONIMMIGRANT VISA PROGRAM.
(a) In General.--Not later than 2 years and 2 months after the date on which the Secretary of Homeland Security makes the certification described in section 1(a) of this Act, the Secretary shall report to Congress on the number of Y nonimmigrant visa holders that return to their foreign residence, as required under section 218A(j)(3) of the Immigration and Nationality Act, as added by section 402 of this Act.
(b) Termination of Y Nonimmigrant Visa Program.--
(1) In general.--If the Secretary of Homeland Security reports to the Congress under subsection (a) that 15 percent or more of Y nonimmigrant visa holders provided Y nonimmigrant visas in the first 2 years after the date on which the Secretary of Homeland Security makes the certification described in section 1(a) of this Act do not comply with the return requirement under section 218A(j)(3) of the Immigration and Nationality Act, then--
(A) the Y nonimmigrant visa program shall be immediately terminated; and
(B) section 218A of the Immigration and Nationality Act shall have no force or effect, except with respect to those Y immigrant visa holders described under paragraph (2).
(2) Compliant y nonimmigrant visa holders.--If the Y nonimmigrant visa program is terminated under paragraph (1), any Y nonimmigrant visa holder who is found to have been in compliance with the return requirement under section 218A(j)(3) of the Immigration and Nationality Act on the date of such termination shall be allowed to continue in the program until the expiration of the period of authorized admission of such visa holder.
______
SA 1156. Mr. GRASSLEY submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the end of section 419, insert the following:
(e) H-1B Visa Employer Fee.--
(1) In general.--Section 214(c)(9)(B) (8 U.S.C. 1184(c)(9)(B)) is amended by striking ``$1,500'' and inserting ``$2,000''.
(2) Use of additional fee.--Section 286 (8 U.S.C. 1356) is amended by inserting after subsection (x), as added by section 402(b), the following:
``(y) Gifted and Talented Students Education Account.--
``(1) In general.--There is established in the general fund of the Treasury a separate account, which shall be known as the `Gifted and Talented Students Education Account'. Notwithstanding any other provision of law, there shall be deposited as offsetting receipts into the account 25 percent of the fees collected under section 214(c)(9)(B).
``(2) Use of fees.--Amounts deposited into the account established under paragraph (1) shall remain available to the Secretary of Education until expended for programs and projects authorized under the Jacob K. Javits Gifted and Talented Students Education Act of 2001 (20 U.S.C. 7253 et seq.).''.
______
SA 1157. Mr. VITTER (for himself and Mr. DeMint) submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
Strike title VI.
______
SA 1158. Mr. COLEMAN (for himself and Mr. Bond) submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC.___. INFORMATION SHARING BETWEEN FEDERAL AND LOCAL LAW
ENFORCEMENT OFFICERS.
(a) Subsection (b) of section 642 of the Illegal Immigration Reform and Immigrant. Responsibility Act of 1996
(8.U.S.C. 1373) is amended by adding at the end the following new paragraph:
``(4) Acquiring such information, if the person seeking such information has probable cause to believe that the individual is not lawfully present in the United States.''
______
SA 1159. Mr. COLEMAN (for himself and Ms. Collins) submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the end of title VII, add the following:
SEC. 711. WESTERN HEMISPHERE TRAVEL INITIATIVE IMPROVEMENT.
(a) Certifications.--Section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004 (8 U.S.C. 1185 note) is amended--
(1) in subparagraph (B)--
(A) in clause (v)--
(i) by striking ``process'' and inserting ``read''; and
(ii) inserting ``at all ports of entry'' after
``installed'';
(B) in clause (vi), by striking ``and'' at the end;
(C) in clause (vii), by striking the period at the end and inserting a semicolon; and
(D) by adding at the end the following:
``(viii) a pilot program in which not fewer than 1 State has been initiated and evaluated to determine if an enhanced driver's license, which is machine-readable and tamper-proof, not valid for certification of citizenship for any purpose other than admission into the United States from Canada, and issued by such State to an individual, may permit the individual to use the individual's driver's license to meet the documentation requirements under subparagraph (A) for entry into the United States from Canada at the land and sea ports of entry;
``(ix) the report described in subparagraph (C) has been submitted to the appropriate congressional committees;
``(x) a study has been conducted to determine the number of passports and passport cards that will be issued as a consequence of the documentation requirements under subparagraph (A); and
``(xi) sufficient passport adjudication personnel have been hired or contracted--
``(I) to accommodate--
``(aa) increased demand for passports as a consequence of the documentation requirements under subparagraph (A); and
``(bb) a surge in such demand during seasonal peak travel times; and
``(II) to ensure that the time required to issue a passport or passport card is not anticipated to exceed 8 weeks.''; and
(2) by adding at the end the following:
``(C) Report.--Not later than 180 days after the initiation of the pilot program described in subparagraph (B)(viii), the Secretary of Homeland Security and the Secretary of State shall submit to the appropriate congressional committees a report, which includes--
``(i) an analysis of the impact of the pilot program on national security;
``(ii) recommendations on how to expand the pilot program to other States;
``(iii) any appropriate statutory changes to facilitate the expansion of the pilot program to additional States and to citizens of Canada;
``(iv) a plan to scan individuals participating in the pilot program against United States terrorist watch lists;
``(v) an evaluation of and recommendations for the type of machine-readable technology that should be used in enhanced driver's licenses, based on individual privacy considerations and the costs and feasibility of incorporating any new technology into existing driver's licenses;
``(vi) recommendations for improving the pilot program; and
``(vii) an analysis of any cost savings for a citizen of the United States participating in an enhanced driver's license program as compared with participating in an alternative program.''.
(b) Special Rule for Minors.--Section 7209(b) of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding at the end the following new paragraph:
``(3) Special rule for minors.--Notwithstanding any other provision of law, the Secretary of Homeland Security shall permit an individual to enter the United States without providing any evidence of citizenship if the individual--
``(A)(i) is less than 16 years old;
``(ii) is accompanied by the individual's legal guardian;
``(iii) is entering the United States from Canada or Mexico;
``(iv) is a citizen of the United States or Canada; and
``(v) provides a birth certificate; or
``(B)(i) is less than 18 years old;
``(ii) is traveling under adult supervision with a public or private school group, religious group, social or cultural organization, or team associated with a youth athletics organization; and
``(iii) provides a birth certificate.''.
(c) Travel Facilitation Initiatives.--Section 7209 of the Intelligence Reform and Terrorism Prevention Act of 2004
(Public Law 108-458; 8 U.S.C. 1185 note) is amended by adding at the end the following new subsections:
``(e) State Driver's License and Identification Card Enrollment Program.--
``(1) In general.--Notwithstanding any other provision of law and not later than 180 days after the submission of the report described in subsection (b)(1)(C), the Secretary of State and the Secretary of Homeland Security shall issue regulations to establish a State Driver's License and Identity Card Enrollment Program as described in this subsection (hereinafter in this subsection referred to as the
`Program') and which allows the Secretary of Homeland Security to enter into a memorandum of understanding with an appropriate official of each State that elects to participate in the Program.
``(2) Purpose.--The purpose of the Program is to permit a citizen of the United States who produces a driver's license or identity card that meets the requirements of paragraph (3) or a citizen of Canada who produces a document described in paragraph (4) to enter the United States from Canada by land or sea without providing any other documentation or evidence of citizenship.
``(3) Admission of citizens of the united states.--A driver's license or identity card meets the requirements of this paragraph if--
``(A) the license or card--
``(i) was issued by a State that is participating in the Program; and
``(ii) is tamper-proof and machine readable; and
``(B) the State that issued the license or card--
``(i) has a mechanism to verify the United States citizenship status of an applicant for such a license or card;
``(ii) does not require an individual to include the individual's citizenship status on such a license or card; and
``(iii) manages all information regarding an applicant's United States citizenship status in the same manner as such information collected through the United States passport application process and prohibits any other use or distribution of such information.
``(4) Admission of citizens of canada.--
``(A) In general.--Notwithstanding any other provision of law, if the Secretary of State and the Secretary of Homeland Security determine that an identity document issued by the Government of Canada or by the Government of a Province or Territory of Canada meets security and information requirements comparable to the requirements for a driver's license or identity card described in paragraph (3), the Secretary of Homeland Security shall permit a citizen of Canada to enter the United States from Canada using such a document without providing any other documentation or evidence of Canadian citizenship.
``(B) Technology standards.--The Secretary of Homeland Security shall work, to the maximum extent possible, to ensure that an identification document issued by Canada that permits entry into the United States under subparagraph (A) utilizes technology similar to the technology utilized by identification documents issued by the United States or any State.
``(5) Authority to expand.--Notwithstanding any other provision of law, the Secretary of State and the Secretary of Homeland Security may expand the Program to permit an individual to enter the United States--
``(A) from a country other than Canada; or
``(B) using evidence of citizenship other than a driver's license or identity card described in paragraph (3) or a document described in paragraph (4).
``(6) Relationship to other requirements.--Nothing in this subsection shall have the effect of creating a national identity card or a certification of citizenship for any purpose other than admission into the United States as described in this subsection.
``(7) State defined.--In this subsection, the term `State' means any of the several States of the United States, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the District of Columbia, Guam, the Virgin Islands of the United States, or any other territory or possession of the United States.
``(f) Waiver for Intrastate Travel.--The Secretary of Homeland Security shall accept a birth certificate as proof of citizenship for any United States citizen who is traveling directly from one part of a State to a noncontiguous part of that State through Canada, if such citizen cannot travel by land to such part of the State without traveling through Canada, and such travel in Canada is limited to no more than 2 hours.
``(g) Waiver of Pass Card and Passport Execution Fees.--
``(1) In general.--Notwithstanding any other provision of law, during the 2-year period beginning on the date on which the Secretary of Homeland Security publishes a final rule in the Federal Register to carry out subsection (b), the Secretary of State shall--
``(A) designate 1 facility in each city or port of entry designated under paragraph (2), including a State Department of Motor Vehicles facility located in such city or port of entry if the Secretary determines appropriate, in which a passport or passport card may be procured without an execution fee during such period; and
``(B) develop not fewer than 6 mobile enrollment teams that--
``(i) are able to issue passports or other identity documents issued by the Secretary of State without an execution fee during such period;
``(ii) are operated along the northern and southern borders of the United States; and
``(iii) focus on providing passports and other such documents to citizens of the United States who live in areas of the United States that are near such an international border and that have relatively low population density.
``(2) Designation of cities and ports of entry.--The Secretary of State shall designate cities and ports of entry for purposes of paragraph (1)(A) as follows:
``(A) The Secretary shall designate not fewer than 3 cities or ports of entry that are 100 miles or less from the northern border of the United States.
``(B) The Secretary shall designate not fewer than 3 cities or ports of entry that are 100 miles or less from the southern border of the United States.
``(h) Cost-Benefit Analysis.--Prior to publishing a final rule in the Federal Register to carry out subsection (b), the Secretary of Homeland Security shall conduct a complete cost-benefit analysis of carrying out this section. Such analysis shall include analysis of--
``(1) any potential costs of carrying out this section on trade, travel, and the tourism industry; and
``(2) any potential savings that would result from the implementation of the State Driver's License and Identity Card Enrollment Program established under subsection (e) as an alternative to passports and passport cards.
``(i) Report.--During the 2-year period beginning on the date that is the 3 months after the date on which the Secretary of Homeland Security begins implementation of subsection (b)(1)--
``(1) the Secretary of Homeland Security shall submit to the appropriate congressional committees a report not less than once every 3 months on--
``(A) the average delay at border crossings; and
``(B) the average processing time for a NEXUS card, FAST card, or SENTRI card; and
``(2) the Secretary of State shall submit to the appropriate congressional committees a report not less than once every 3 months on the average processing time for a passport or passport card.
``(j) Appropriate Congressional Committees Defined.--In this section, the term `appropriate congressional committees' means--
``(1) the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and
``(2) the Committee on Appropriations, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives.''.
(d) Sense of Congress Regarding Implementation of the Western Hemisphere Travel Initiative.--The intent of Congress in enacting section 546 of the Department of Homeland Security Appropriations Act, 2007 (Public Law 109-295; 120 Stat. 1386) was to prevent the Secretary of Homeland Security from implementing the plan described in section 7209(b)(1) of the Intelligence Reform and Terrorism Prevention Act of 2004
(8 U.S.C. 1185 note) before the earlier of June 1, 2009, or the date on which the Secretary certifies to Congress that an alternative travel document, known as a passport card, has been developed and widely distributed to eligible citizens of the United States.
(e) Passport Processing Staff Authorities.--
(1) Reemployment of civil service annuitants.--Section 61(a) of the State Department Basic Authorities Act of 1956
(22 U.S.C. 2733(a)) is amended--
(A) in paragraph (1), by striking ``To facilitate'' and all that follows through ``, the Secretary'' and inserting ``The Secretary''; and
(B) in paragraph (2), by striking ``2008'' and inserting
``2010''.
(2) Reemployment of foreign service annuitants.--Section 824(g) of the Foreign Service Act of 1980 (22 U.S.C. 4064(g)) is amended--
(A) in paragraph (1)(B), by striking ``to facilitate'' and all that follows through ``Afghanistan,''; and
(B) in paragraph (2), by striking ``2008'' and inserting
``2010''.
(f) Report on Border Infrastructure.--
(1) In general.--Not later than 180 days after the date of enactment of this Act, the Secretary of Transportation, in consultation with the Secretary of Homeland Security, shall submit to the appropriate congressional committees a report on the adequacy of the infrastructure of the United States to manage cross-border travel associated with the NEXUS, FAST, and SENTRI programs. Such report shall include consideration of--
(A) the ability of frequent travelers to access dedicated lanes for such travel;
(B) the total time required for border crossing, including time spent prior to ports of entry;
(C) the frequency, adequacy of facilities and any additional delays associated with secondary inspections; and
(D) the adequacy of readers to rapidly read identity documents of such individuals.
(2) Appropriate congressional committees defined.--In this subsection, the term ``appropriate congressional committees'' means--
(A) the Committee on Appropriations, the Committee on Homeland Security and Governmental Affairs, and the Committee on the Judiciary of the Senate; and
(B) the Committee on Appropriations, the Committee on Homeland Security, and the Committee on the Judiciary of the House of Representatives.
______
SA 1160. Mr. BROWNBACK submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
In section 601(h), strike paragraphs (1) and (2), and insert the following:
(h) Treatment of Applicants.--
(1) In general.--An alien who files an application for Z nonimmigrant status shall, upon submission of any evidence required under subsections (f) and (g) and after the Secretary has conducted appropriate background checks, to include name and fingerprint checks, that do not produce information rendering the applicant ineligible--
(A) be granted probationary benefits in the form of employment authorization pending final adjudication of the alien's application;
(B) may in the Secretary's discretion receive advance permission to re-enter the United States pursuant to existing regulations governing advance parole;
(C) may not be detained for immigration purposes, determined inadmissible or deportable, or removed pending final adjudication of the alien's application, unless the alien is determined to be ineligible for Z nonimmigrant status; and
(D) may not be considered an unauthorized alien (as defined in section 274A(h)(3) of the Immigration and Nationality Act
(8 U.S.C. 1324a(h)(3))) unless employment authorization under subparagraph (A) is denied.
(2) Timing of probationary benefits.--No probationary benefits shall be issued to an alien until the alien has passed all appropriate background checks.
______
SA 1161. Mr. ALEXANDER (for himself and Mr. Cochran) submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
TITLE _--STRENGTHENING AMERICAN CITIZENSHIP
SECTION _01. SHORT TITLE.
This title may be cited as the ``Strengthening American Citizenship Act of 2007''.
SEC. _02. DEFINITION.
In this title, the term ``Oath of Allegiance'' means the binding oath (or affirmation) of allegiance required to be naturalized as a citizen of the United States, as prescribed in subsection (e) of section 337 of the Immigration and Nationality Act (8 U.S.C. 1448(e)), as added by section _31(a)(2).
Subtitle A--Learning English
SEC. _11. ENGLISH FLUENCY.
(a) Education Grants.--
(1) Establishment.--The Chief of the Office of Citizenship of the Department (referred to in this subsection as the
``Chief'') shall establish a grant program to provide grants in an amount not to exceed $500 to assist lawful permanent residents of the United States who declare an intent to apply for citizenship in the United States to meet the requirements under section 312 of the Immigration and Nationality Act (8 U.S.C. 1423).
(2) Use of funds.--Grant funds awarded under this subsection shall be paid directly to an accredited institution of higher education or other qualified educational institution (as determined by the Chief) for tuition, fees, books, and other educational resources required by a course on the English language in which the lawful permanent resident is enrolled.
(3) Application.--A lawful permanent resident desiring a grant under this subsection shall submit an application to the Chief at such time, in such manner, and accompanied by such information as the Chief may reasonably require.
(4) Priority.--If insufficient funds are available to award grants to all qualified applicants, the Chief shall give priority based on the financial need of the applicants.
(5) Notice.--The Secretary, upon relevant registration of a lawful permanent resident with the Department of Homeland Security, shall notify such lawful permanent resident of the availability of grants under this subsection for lawful permanent residents who declare an intent to apply for United States citizenship.
(b) Faster Citizenship for English Fluency.--Section 316 (8 U.S.C. 1427) is amended by adding at the end the following:
``(g) A lawful permanent resident of the United States who demonstrates English fluency, in accordance with regulations prescribed by the Secretary of Homeland Security, in consultation with the Secretary of State, will satisfy the residency requirement under subsection (a) upon the completion of 4 years of continuous legal residency in the United States.''.
SEC. _12. SAVINGS PROVISION.
Nothing in this subtitle shall be construed to--
(1) modify the English language requirements for naturalization under section 312(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1423(a)(1)); or
(2) influence the naturalization test redesign process of the Office of Citizenship of the United States Citizenship and Immigration Services (except for the requirement under section _31(b)).
Subtitle B--Education About the American Way of Life
SEC. _21. AMERICAN CITIZENSHIP GRANT PROGRAM.
(a) In General.--The Secretary shall establish a competitive grant program to provide financial assistance for--
(1) efforts by entities (including veterans and patriotic organizations) certified by the Office of Citizenship of the Department to promote the patriotic integration of prospective citizens into the American way of life by providing civics, history, and English as a second language courses, with a specific emphasis on attachment to principles of the Constitution of the United States, the heroes of American history (including military heroes), and the meaning of the Oath of Allegiance; and
(2) other activities approved by the Secretary to promote the patriotic integration of prospective citizens and the implementation of the Immigration and Nationality Act (8 U.S.C. 1101 et seq.), including grants--
(A) to promote an understanding of the form of government and history of the United States; and
(B) to promote an attachment to the principles of the Constitution of the United States and the well being and happiness of the people of the United States.
(b) Acceptance of Gifts.--The Secretary may accept and use gifts from the United States Citizenship Foundation, established under section _22(a), for grants under this section.
(c) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out this section.
SEC. _22. FUNDING FOR THE OFFICE OF CITIZENSHIP.
(a) Authorization.--The Secretary, acting through the Director of United States Citizenship and Immigration Services, is authorized to establish the United States Citizenship Foundation (referred to in this section as the
``Foundation''), an organization duly incorporated in the District of Columbia, exclusively for charitable and educational purposes to support the functions of the Office of Citizenship, which shall include the patriotic integration of prospective citizens into--
(1) American common values and traditions, including an understanding of the history of the United States and the principles of the Constitution of the United States; and
(2) civic traditions of the United States, including the Pledge of Allegiance, respect for the flag of the United States, and voting in public elections.
(b) Dedicated Funding.--
(1) In general.--Not less than 1.5 percent of the funds made available to United States Citizenship and Immigration Services (including fees and appropriated funds) shall be dedicated to the functions of the Office of Citizenship, which shall include the patriotic integration of prospective citizens into--
(A) American common values and traditions, including an understanding of American history and the principles of the Constitution of the United States; and
(B) civic traditions of the United States, including the Pledge of Allegiance, respect for the flag of the United States, and voting in public elections.
(2) Sense of congress.--It is the sense of Congress that dedicating increased funds to the Office of Citizenship should not result in an increase in fees charged by United States Citizenship and Immigration Services.
(c) Gifts.--
(1) To foundation.--The Foundation may solicit, accept, and make gifts of money and other property in accordance with section 501(c)(3) of the Internal Revenue Code of 1986.
(2) From foundation.--The Office of Citizenship may accept gifts from the Foundation to support the functions of the Office.
(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary to carry out the mission of the Office of Citizenship, including the patriotic integration of prospective citizens into--
(1) American common values and traditions, including an understanding of American history and the principles of the Constitution of the United States; and
(2) civic traditions of the United States, including the Pledge of Allegiance, respect for the flag of the United States, and voting in public elections.
SEC. _23. RESTRICTION ON USE OF FUNDS.
Amounts appropriated to carry out a program under this subtitle may not be used to organize individuals for the purpose of political activism or advocacy.
SEC. _24. REPORTING REQUIREMENT.
The Chief of the Office of Citizenship shall submit to the Committee on Health, Education, Labor, and Pensions of the Senate, the Committee on the Judiciary of the Senate, the Committee on Education and Labor of the House of Representatives, and the Committee on the Judiciary of the House of Representatives, an annual report that contains--
(1) a list of the entities that have received funds from the Office of Citizenship during the reporting period under this subtitle and the amount of funding received by each such entity;
(2) an evaluation of the extent to which grants received under this subtitle and subtitle A successfully promoted an understanding of--
(A) the English language; and
(B) American history and government, including the heroes of American history, the meaning of the Oath of Allegiance, and an attachment to the principles of the Constitution of the United States; and
(3) information about the number of lawful permanent residents who were able to achieve the knowledge described under paragraph (2) as a result of the grants provided under this subtitle and subtitle A.
Subtitle C--Codifying the Oath of Allegiance
SEC. _31. OATH OR AFFIRMATION OF RENUNCIATION AND ALLEGIANCE.
(a) Revision of Oath.--Section 337 (8 U.S.C. 1448) is amended--
(1) in subsection (a), by striking ``under section 310(b) an oath'' and all that follows through ``personal moral code.'' and inserting ``under section 310(b), the oath (or affirmation) of allegiance prescribed in subsection (e).''; and
(2) by adding at the end the following:
``(e)(1) Subject to paragraphs (2) and (3), the oath (or affirmation) of allegiance prescribed in this subsection is as follows: `I take this oath solemnly, freely, and without any mental reservation. I absolutely and entirely renounce all allegiance to any foreign state or power of which I have been a subject or citizen. My fidelity and allegiance from this day forward are to the United States of America. I will bear true faith and allegiance to the Constitution and laws of the United States, and will support and defend them against all enemies, foreign and domestic. I will bear arms, or perform noncombatant military or civilian service, on behalf of the United States when required by law. This I do solemnly swear, so help me God.'.
``(2) If a person, by reason of religious training and belief (or individual interpretation thereof) or for other reasons of good conscience, cannot take the oath prescribed in paragraph (1)--
``(A) with the term `oath' included, the term `affirmation' shall be substituted for the term `oath'; and
``(B) with the phrase `so help me God' included, the phrase
`so help me God' shall be omitted.
``(3) If a person shows by clear and convincing evidence to the satisfaction of the Attorney General that such person, by reason of religious training and belief, cannot take the oath prescribed in paragraph (1)--
``(A) because such person is opposed to the bearing of arms in the Armed Forces of the United States, the words `bear arms, or' shall be omitted; and
``(B) because such person is opposed to any type of service in the Armed Forces of the United States, the words `bear arms, or' and `noncombatant military or' shall be omitted.
``(4) As used in this subsection, the term `religious training and belief'--
``(A) means a belief of an individual in relation to a Supreme Being involving duties superior to those arising from any human relation; and
``(B) does not include essentially political, sociological, or philosophical views or a merely personal moral code.
``(5) Any reference in this title to `oath' or `oath of allegiance' under this section shall be deemed to refer to the oath (or affirmation) of allegiance prescribed under this subsection.''.
(b) History and Government Test.--The Secretary shall incorporate a knowledge and understanding of the meaning of the Oath of Allegiance into the history and government test given to applicants for citizenship.
(c) Notice to Foreign Embassies.--Upon the naturalization of a new citizen, the Secretary, in cooperation with the Secretary of State, shall notify the embassy of the country of which the new citizen was a citizen or subject that such citizen has--
(1) renounced allegiance to that foreign country; and
(2) sworn allegiance to the United States.
(d) Effective Date.--The amendments made by subsection (a) shall take effect on the date that is 6 months after the date of the enactment of this Act.
Subtitle D--Celebrating New Citizens
SEC. _41. ESTABLISHMENT OF NEW CITIZENS AWARD PROGRAM.
(a) Establishment.--There is established a new citizens award program to recognize citizens who--
(1) have made an outstanding contribution to the United States; and
(2) are naturalized during the 10-year period ending on the date of such recognition.
(b) Presentation Authorized.--
(1) In general.--The President is authorized to present a medal, in recognition of outstanding contributions to the United States, to citizens described in subsection (a).
(2) Maximum number of awards.--Not more than 10 citizens may receive a medal under this section in any calendar year.
(c) Design and Striking.--The Secretary of the Treasury shall strike a medal with suitable emblems, devices, and inscriptions, to be determined by the President.
(d) National Medals.--The medals struck pursuant to this section are national medals for purposes of chapter 51 of title 31, United States Code.
SEC. _42. NATURALIZATION CEREMONIES.
(a) In General.--The Secretary, in consultation with the Director of the National Park Service, the Archivist of the United States, and other appropriate Federal officials, shall develop and implement a strategy to enhance the public awareness of naturalization ceremonies.
(b) Venues.--In developing the strategy under this section, the Secretary shall consider the use of outstanding and historic locations as venues for select naturalization ceremonies.
(c) Reporting Requirement.--The Secretary shall annually submit a report to Congress that contains--
(1) the content of the strategy developed under this section; and
(2) the progress made towards the implementation of such strategy.
______
SA 1162. Mr. ALEXANDER submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. GOVERNMENT ACCOUNTABILITY OFFICE STUDY ON ENGLISH
PROFICIENCY.
(a) In General.--The Comptroller General of the United States shall conduct a study on--
(1) the needs of citizens and lawful permanent residents of the United States whose native language is not English to obtain English language and literacy proficiency; and
(2) the estimated costs to the public and private sector resulting from those residents of the United States who lack English language proficiency.
(b) Study Components.--The study conducted under subsection
(a) shall include--
(1) an inventory of all existing Federal programs designed to improve English language and literacy acquisition for adult citizens and lawful permanent residents of the United States, including--
(A) a description of the purpose of each such program;
(B) a summary of the Federal expenditures for each such program during fiscal years 2002 through 2006;
(C) data on the participation rates of individuals within each such program and those who have expressed an interest in obtaining English instruction but have been unable to participate in existing programs;
(D) a summary of evaluations and performance reviews of the effectiveness and sustainability of each such program; and
(E) a description of the coordination of Federal programs with private and nonprofit programs;
(2) the identification of model programs at the Federal, State, and local level with demonstrated effectiveness in helping adult citizens and lawful permanent residents of the United States gain English language and literacy proficiency;
(3) a summary of funding for State and local programs that support improving the English language proficiency and literacy of citizens and lawful permanent residents of the United States;
(4) a summary of the costs incurred by Federal, State, and local governments to serve citizens and lawful permanent residents of the United States who are not proficient in English, including--
(A) costs for foreign language translators;
(B) the production of documents in multiple languages; and
(C) compliance with Executive Order 13166;
(5) an analysis of the costs incurred by businesses that employ citizens and lawful permanent residents of the United States who are not proficient in English, including--
(A) costs for English training and foreign language translation; and
(B) an estimate of lost productivity;
(6) the number of lawful permanent residents who are eligible to naturalize as citizens of the United States;
(7) the number of citizens of the United States who are eligible to vote and are unable to read English well enough to read a ballot in English;
(8) the number of citizens of the United States who request a ballot in a language other than English; and
(9) recommendations regarding the most cost-effective actions the Federal government could take to assist citizens and lawful permanent residents of the United States to quickly learn English.
(c) Report.--Not later than 1 year after the date of the enactment of this Act, the Comptroller General of the United States shall submit a report containing the findings from the study conducted under this section to--
(1) the Committee on Health, Education, Labor, and Pensions of the Senate;
(2) the Committee on the Judiciary of the Senate;
(3) the Committee on Education and Labor of the House of Representatives; and
(4) the Committee on the Judiciary of the House of Representatives.
(d) Authorization of Appropriations.--There are authorized to be appropriated such sums as may be necessary for fiscal years 2008 and 2009 to carry out this section.
______
SA 1163. Mr. ALEXANDER submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. __. PRESIDENTIAL AWARD FOR BUSINESS LEADERSHIP IN
PROMOTING AMERICAN CITIZENSHIP.
(a) Establishment.--There is established the Presidential Award for Business Leadership in Promoting American Citizenship, which shall be awarded to companies and other organizations that make extraordinary efforts in assisting their employees and members to learn English and increase their understanding of American history and civics.
(b) Selection and Presentation of Award.--
(1) Selection.--The President, upon recommendations from the Secretary, the Secretary of Labor, and the Secretary of Education, shall periodically award the Citizenship Education Award to large and small companies and other organizations described in subsection (a).
(2) Presentation.--The presentation of the award shall be made by the President, or designee of the President, in conjunction with an appropriate ceremony.
______
SA 1164. Mr. ALEXANDER submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
At the appropriate place, insert the following:
SEC. _. DEDUCTION FOR EMPLOYER-PROVIDED ENGLISH LANGUAGE
INSTRUCTION.
(a) In General.--Part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 (relating to itemized deductions for individuals and corporations) is amended by inserting after section 194A the following new section:
``SEC. 194B. EMPLOYER-PROVIDED ENGLISH LANGUAGE INSTRUCTION.
``(a) Allowance of Deduction.--There shall be allowed as a deduction for the taxable year an amount equal to--
``(1) $500, multiplied by
``(2) the number of limited English proficient employees for which English language instruction is provided free of charge to the employee during such taxable year.
``(b) Dollar Limitation.--The deduction allowable under subsection (a) for any taxable year shall not exceed
$150,000.
``(c) Limited English Proficient Employee.--For purposes of this section, the term `limited English proficient employee' means an employee of the taxpayer--
``(1)(A) who was not born in the United States or whose native language is a language other than English,
``(B)(i) who is a Native American or Alaska Native, or a native resident of the outlying areas (within the meaning of section 9101(25)(C)(ii)(I) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(25)(C)(ii)(I)), and
``(ii) who comes from an environment where a language other than English has had a significant impact on the individual's level of English language proficiency, or
``(C) who is migratory, whose native language is a language other than English, and who comes from an environment where a language other than English is dominant,
``(2) whose difficulties in speaking, reading, writing, or understanding the English language may be sufficient to deny the individual--
``(A) the ability to maintain employment, or
``(B) the ability to participate fully in society, and
``(3) the English language instruction of whom has not previously been taken into account under this section.
``(d) Denial of Double Benefit.--No other deduction or credit shall be allowed under any other provision of this chapter with respect to the amount of the deduction determined under this section.''.
(b) Clerical Amendment.--The table of sections for part VI of subchapter B of chapter 1 of the Internal Revenue Code of 1986 is amended by inserting after the item relating to section 194A the following item:
``Sec. 194B. Employer-provided English language instruction''.
(c) Effective Date.--The amendments made by this section shall apply to taxable years beginning after December 31, 2007.
______
SA 1165. Mr. LEAHY (for himself and Mr. Kohl) submitted an amendment intended to be proposed by him to the bill S. 1348, to provide for comprehensive immigration reform and for other purposes; which was ordered to lie on the table; as follows:
In section 218E(d) of the Immigration and Nationality Act
(as added by section 404(a)), strike paragraphs (2) and (3) and redesignate paragraph (4) as paragraph (3).
At the end of section 218E of the Immigration and Nationality Act (as added by section 404(a)), add the following:
``(i) Special Rules for Aliens Employed as Sheepherders, Goat Herders, and Dairy Workers.--Notwithstanding any provision of the Agricultural Job Opportunities, Benefits, and Security Act of 2007, an alien admitted under section 101(a)(15)(H)(ii)(a) for employment as a sheepherder, goat herder, or dairy worker--
``(1) may be admitted for an initial period of 1 year;
``(2) subject to subsection (j)(5), may have that initial period of admission extended for a period of up to 3 years; and
``(3) shall not be subject to the requirements of subsection (h)(5) (relating to periods of absence from the United States).
``(j) Adjustment to Lawful Permanent Resident Status for Aliens Employed as Sheepherders, Goat Herders, or Dairy Workers.--
``(1) Definition of eligible alien.--In this subsection, the term `eligible alien' means an alien--
``(A) having nonimmigrant status under section 101(a)(15)(H)(ii)(a) based on employment as a sheepherder, goat herder, or dairy worker;
``(B) who has maintained that nonimmigrant status in the United States for a cumulative total of 36 months (excluding any period of absence from the United States); and
``(C) who is seeking to receive an immigrant visa under section 203(b)(3)(A)(iii).
``(2) Classified petition.--In the case of an eligible alien, the petition under section 204 for classification under section 203(b)(3)(A)(iii) may be filed by--
``(A) the eligible alien's employer, on behalf of the eligible alien; or
``(B) the eligible alien.
``(3) No labor certification required.--Notwithstanding section 203(b)(3)(C), no determination under section 212(a)(5)(A) is required with respect to an immigrant visa described in paragraph (1)(C) for an eligible alien.
``(4) Effect of petition.--The filing of a petition described in paragraph (2), or an application for adjustment of status based on the approval of such a petition, shall not constitute evidence of an alien's ineligibility for nonimmigrant status under section 101(a)(15)(H)(ii)(a).
``(5) Extension of stay.--The Secretary shall extend the stay of an eligible alien having a pending or approved classification petition described in paragraph (2) in 1-year increments until a final determination is made on the alien's eligibility for adjustment of status to that of an alien lawfully admitted for permanent residence.
``(6) Construction.--Nothing in this subsection prevents an eligible alien from seeking adjustment of status in accordance with any other provision of law.
In section 218G of the Immigration and Nationality Act (as amended by section 404(a)), strike paragraph (11) and insert the following:
``(11) Seasonal.--
``(A) In general.--The term `seasonal', with respect to the performance of labor, means that the labor--
``(i) ordinarily pertains to or is of the kind exclusively performed at certain seasons or periods of the year; and
``(ii) because of the nature of the labor, cannot be continuous or carried on throughout the year.
``(B) Inclusion.--Labor performed on a dairy farm shall be considered to be seasonal labor.
At the end of section 404, add the following:
(c) Conforming Amendment.--Section 101(a)(15)(H)(ii)(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(a)) is amended by inserting ``or work on a dairy farm,'' after ``seasonal nature,''.
____________________
