Statements on Introduced Bills and Joint Resolutions

Floor Speech

4301

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. MODIFICATION OF DEFINITIONS TO INCLUDE INDIAN TRIBES.

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

(1) in paragraph (36), by striking ``and the Commonwealth of the Northern Mariana Islands'' and inserting ``the Commonwealth of the Northern Mariana Islands, and each Indian Tribe''; and

(2) by adding at the end the following:

``(53) The term `Indian Tribe' has the meaning given that term in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304(e)).

``(54) The terms `Tribal government' and `Tribal entity' mean the recognized governing body of an Indian Tribe.

``(55) The term `State educational agency' has the meaning given that term in section 8101(49) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7801(49))''. SEC. 2. EXCHANGE VISITOR VISA EXTENSION FOR EDUCATORS IN RURAL AND TRIBAL AREAS.

Section 214 of the Immigration and Nationality Act (8 U.S.C. 2501 et seq.) or a contract under the Indian Self- Determination and Education Assistance Act (25 U.S.C. 5301 et seq.), not later than 90 days after receiving such waiver; and

``(II) agrees to continue to work for a total of not less than 3 years (unless the Secretary of Homeland Security determines that extenuating circumstances exist, such as closure of the school or hardship to the alien, which would justify a lesser period of employment at the school, in which case the alien must demonstrate another bona fide offer of employment at a primary or secondary school for the remainder of such 3-year period).

``(2)(A) Notwithstanding section 248(a)(2), the Secretary of Homeland Security may change the status of an alien who qualifies under this subsection and section 212(e) to that of an alien described in section 101(a)(15)(H)(i)(b). The numerical limitations contained in subsection (g)(1)(A) shall not apply to any alien whose status is changed pursuant to this subparagraph, if the alien obtained a waiver of the 2- year foreign residence requirement upon a request by an interested Federal agency or an interested State agency.

``(B) No person who has obtained a change of status under subparagraph (A) and who has failed to fulfill the terms of the contract with the primary or secondary school named in the waiver application shall be eligible to apply for an immigrant visa, for permanent residence, or for any other change of nonimmigrant status, until such person has resided and been physically present in the country of his or her nationality or his or her last residence for an aggregate of at least 2 years following his or here departure from the United States.

``(3) Notwithstanding any other provision of this subsection, the 2-year foreign residence requirement under section 212(e) shall apply with respect to an alien described in clause (i) or (ii) of such section who has not otherwise been accorded status under section 101(a)(27)(H), if at any time the alien ceases to comply with any agreement entered into under pursuant to paragraph (1)(C).

``(4) Any spouse or children of an alien granted a waiver under this subsection shall be included in such waiver.

``(5) In the case of a request submitted under paragraph (1) by a Tribal entity, the Governor of the State in which the Tribal entity is located may endorse such request.''. ______

By Ms. MURKOWSKI (for herself and Mr. Sullivan):

S. 4310. A bill to exchange non-Federal land held by the Chugach Alaska Corporation for certain Federal Land in the Chugach Region, and for other purposes; to the Committee on Energy and Natural Resources.

BREAK IN TRANSCRIPT

Source