[Page S4754]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

  SA 4319. Mr. SANDERS (for himself, Mr. Grassley, and Mr. Harkin) 
submitted an amendment intended to be proposed by him to the bill H.R. 
4213, to amend the Internal Revenue Code of 1986 to extend certain 
expiring provisions, and for other purposes; which was ordered to lie 
on the table; as follows:

       At the appropriate place, insert the following:

     SEC. __. CERTIFICATION REQUIREMENT.

       (a) Short Title.--This section may be cited as the ``Employ 
     America Act''.
       (b) In General.--The Secretary of Homeland Security may not 
     approve a petition by an employer for any visa authorizing 
     employment in the United States unless the employer has 
     provided written certification, under penalty of perjury, to 
     the Secretary of Labor that--
       (1) the employer has not provided a notice of a mass layoff 
     pursuant to the Worker Adjustment and Retraining Notification 
     Act (29 U.S.C. 2101 et seq.) during the 12-month period 
     immediately preceding the date on which the alien is 
     scheduled to be hired; and
       (2) the employer does not intend to provide a notice of a 
     mass layoff pursuant to such Act.
       (c) Effect of Mass Layoff.--If an employer provides a 
     notice of a mass layoff pursuant to the Worker Adjustment and 
     Retraining Notification Act after the approval of a visa 
     described in subsection (b), any visas approved during the 
     most recent 12-month period for such employer shall expire on 
     the date that is 60 days after the date on which such notice 
     is provided. The expiration of a visa under this subsection 
     shall not be subject to judicial review.
       (d) Notice Requirement.--Upon receiving notification of a 
     mass layoff from an employer, the Secretary of Homeland 
     Security shall inform each employee whose visa is scheduled 
     to expire under subsection (c)--
       (1) the date on which such individual will no longer be 
     authorized to work in the United States; and
       (2) the date on which such individual will be required to 
     leave the United States unless the individual is otherwise 
     authorized to remain in the United States.
       (e) Exemption.--An employer shall be exempt from the 
     requirements under this section if the employer provides 
     written certification, under penalty of perjury, to the 
     Secretary of Labor that the total number of the employer's 
     workers who are United States citizens and are working in the 
     United States have not been, and will not be, reduced as a 
     result of a mass layoff described in subsection (c).
       (f) Rulemaking.--Not later than 90 days after the date of 
     the enactment of this Act, the Secretary of Homeland Security 
     and the Secretary of Labor shall promulgate regulations to 
     carry out this section, including a requirement that 
     employers provide notice to the Secretary of Homeland 
     Security of a mass layoff (as defined in section 2 of the 
     Worker Adjustment and Retraining Notification Act (29 U.S.C. 
     2101)).
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